Loading...
HomeMy WebLinkAbout1993/02/10 - Agenda Packet1977 WEDNESDAY CITY OF RANCHO PLANNING COMMISSION 3C, ENI FEBRUARY 10, 1993 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA III· IV. Pledge of Allegiance Roll Call Commissioner Chitiea Commissioner McNiel Commissioner Melcher Commissioner Tolstoy Commissioner Vallette Announcements Approval of Minutes Adjourned Meeting of January 19, 1993 January 27, 1993 V. Consent Calendar The following Consent Calendar items are expected to be routine and non-controversial. They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be'removed for discussion. TIME EXTENSION FOR DESIGN REVIEW FOR TENTATIVE TRACT 13565 - STANDARD PACIFIC - A request for a time extension of the design review of building elevations and detailed site plan for Phases 6, 7, and 8 of a previously County approved map consisting of 125 single family lots on 55.7 acres of land north of Summit Avenue and east of Wardman Bullock Road - APN: 226-082-16, 17, and 27. TIME EXTENSION FOR TENTATIVE TRACT 13835 - HOMESTEAD'- A request for a time extension for a residential subdivision of 78 single family lots on 25 acres of land in the Low Residential District (2-4 dwelling units per acre) located at the northeast corner of Highland and Rochester - APN: 225-152-01 through 04 and 18. VII. VIII. VI. PUblic Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. Ce CONDITIONAL USE PERMIT 92-33 - CLAUDINE EUBANK - A request to allow a massage establishment within a 1,610 square foot leased space in an existing commercial center on 9 acres of land in the General Commercial District located at 7890 Haven Avenue, Suite 14 - APN: 1077-401-29. Be STREET NAME CHANGE 92-02 - CITY OF RANCHO CUCAMONGA - A request to change the street name "Vincent Avenue" to "White Oak Avenue" between Arrow Highway and the A.T. & S.F. Railroad tracks north of 8th Street. Director's Reports USE DETERMINATION 92-03 - ADAMS - A request for the Planning Commission to determine whether fortunetelling is a permitted or conditionally permitted use in the Specialty Commercial Zone of the Foothill Boulevard Specific Plan. (Continued from January 13, 1993.) THE HILLSIDE ORDINANCE - CITY OF RANCHO CUCAMONGA - The consideration of a proposal to amend the Hillside Ordinance. G. LANDSCAPE HYDRO ZONES - Oral report Public comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. IX. Commission Business H. APPOINTMENTS TO GRAFFITI TASK FORCE - Oral report X. Adjour-ment The Planning Commission has adopted Administrative Regulations that set an 11:00 P.M. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. VICINITY MAP ............ ::::::::::::::::::::::::::::::::::: I:::." I , ,:,:.:.:.:.:.'.:.:.:.:.:.:.:-:-:.:.-,-ZI .......:.:.:.:.:-:.:.:.:-:.:.:.I.:,:..~ I I~::::: :::::;:: :::;:;:: :;I,i.I':':':':':':':':': .........I~ i:::: ". ~ ======================================== x~ ~ / ~ CiTY HALL CITY OF RANCHO CUCAMONGA DATE: TO: FROM: BY: SUBJECT: February 10, 1993 Chairman and Members of the Planning Commission CITY OF RANCHO CUCAMONGA STAFF REPORT Brad Buller, City Planner Beverly Nissen, Associate Planner TIME EXTENSIO~ FOR DESIGN REVIEW FOR TENTATIVE TRACT 13565 - STANDARD PACIFIC - A request for a time extension of the design review of building elevations and detailed site plan for Phases 6, 7, and 8 of a previously County approved map consisting of 125 single family lots on 55.7 acres of land north of Su~it Avenue and east of Wardman Bullock ~d - APN: 226-082-16, 17, and 27. BACKGROUND: Tract 13565 was approved by the County of San Bernardino and includes 10 phases on 159 acres. Phases 1 through 4 are already u~der construction with building per~its having been issued by the County of San Bernardino. An Annexation and Development Agreement for Tract 13565 was approved by the City of Rancho Cucamonga on November 16, and December 7, 1988, respectively. The Design Review for Phases 6, 7, and 8 of Tentative Tract 13565 was originally approved by the Planning Commission on November 8, 1989, and has received one time extension to expire on November 8, 1992. The applicant is currently requesting a one-year time extension to expire on November 8, 1993. Provisions of the Development Code allow for time extensions in twelve-month increments, not to exceed five years from the original date of approval. The Planning Commission approved a time extension for Phases 5, 9, and 10 of Tentative Tract 13565 on December 9, 1992. ANALYSIS: Staff analyzed the proposed time extension and compared the proposal with the current development criteria outlined in the Development Agreement and the Development Code. Based on this review, staff determined that the tract meets all applicable development standards. RECOMMENDATION: Staff reco~ends that the Planning Commission grant a one- year time extension for the Design Review of Phases 6, 7, and 8 for Tract 13565 through adoption of the attached Resolution. BB :BN:mlg Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Site Utilization Map Exhibit "C" - Tract Map Exhibit "D" - Resolution No. 89-141 Resolution of Approval ITEM A STANDARD PACIFIC OF ORANGE COUNTY December 12, 1992 Ms. Beverly Nissen City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 PLANNING DIVISION DEC 8'11~.~ RE: Extemion for DRC Tract 13565/8 Brentwood Highlands Dear Beverly: With this letter, Standard Pacific is formally requesting a one year extension to our Design Review for Tract 13565/8. The reason for this time extension is due to the unfavorable housing market which has prevented us from pulling building permits for this project. Thank you for your consideration of this request. Cordially, ael J. White Project Manager MJW:kar cc: Bob Shiota, Standard Pacific 1565 West MacArthur Boulevard Costa Mesa, California 92626, 7141668-4300 ~A# S~VAIN~ CITY OF R A~'TK) ~MO~_~A PLANN[NG ~ CITY (~ RA~qO PLANNING EXHI!!T: SCALE: RESOLUTION NO. 89-141 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING DESIGN REVIEW FOR TRACT NO. 13565 (PHASES 6, 7, AND 8), CONSISI~NG OF 125 SINGLE FA~IILY LOTS ON 55.7 ACRES OF LAND NORTH OF SUI~MIT AVENUE AND EAST OF WARDMAN BULLOCK ROAD, AND MAI(ING FINDINGS IN SUPPORT THEREOF. APN: 226-082-16, 17, AND 27. A. Recitals. {i) Standard Pacific has filed an application for the Design Review of Tract No. 13565 {Phases 6, 7 and 8) as described in the title of this Resolution. Hereinafter, the subject Design Review request is referred to as "the application". (ii) On November 8, lgSg, the Planning Conmission of the City of Rancho Cucamonga held a meeting to consider the application. (iii) h ave occurred. All legal prerequisites to the adoption of this Resolution B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Conmission of the City of Rancho Cucamenga as follows: 1. This Conmission 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 Conmission during the above-referenced nmeting on November 8, 1989, including written and oral staff reports, this Conmission hereby specifically finds as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and (c) That the proposed design is in co~liance with each of the applicable provisions of the Development Code; and (d) That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. Based upon the findings and conclusions set forth in paragraphs i and 2 above, this Conmission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. 1-F 13565 - STArbOARD PACIFIC November 8, 1989 Page 2 89-141 Planning Division: Corner side yard landscaping shall include irrigation, street trees and either groundcover or turf. 2. View fencing shall be black in color. 3. Corner side yard lots shall be provided with eight {8) 15-gallon trees. Paseo walkways shall be landscaped with six (6) 24" box size trees. An easement should be provided on each side of the sidewalk {approximately 10' on either side) allowing the City the right to prohibit fencing in this area. 5. All river rock shall be of native stone. 6. The following modifications shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits: On Plan 4, rock shall be added to the chimneys of the California Ranch elevation. Plan 2 shall be revised to provide consistent material on the trim and chimneys. Wrought iron shall be added to the Santa Barbara elevations of Plan 4. d. Balconies shall be added to the Santa Barbara Revival elevations. 7. View fencing "pickets" shall be 4" on center. Be Fence material shall be consistent between tiers of lots, i.e., it shall either be all masonry or all open-view. Rancho Cucamonga Fire District: The applicant shall contact the Rancho Cucamonga Fire District regarding Wildland Interface Areas for specific requirements prior to the issuance of building permits. Engineering Division: A Consent and Waiver form shall be filed with the City Engineer, agreeing to form and/or annex to the appropriate Lighting and Landscaping Districts, prior to the issuance of building permits. PLANNING COMMISSION RESOLUTION NO. l'F 13565- STANDARD PACIFIC Nove~er 8, 1989 Page 3 89-141 Landscape and irrigation plans for all public landscape areas shall be approved by the City Engineer prior to the issuance of building permits. Where lots front onto the inside of Crestline Place and Arcadia Way, the entire parkway shall be a "Limited Use Area", with landscaping subject to City Traffic Engineer approval. 4. All driveways shall be perpendicular at the street right-of-way line. Driveways on the following corner lots shall be located as far from the intersection as possible to reduce conflicts with blind right turn movements {50 feet from the BCR preferred): a. In Tract 13565-6: Lot 19; b. In Tract 13565-7: Lots 8 and 32; and c) In Tract 13565-8: Lots 1, 15 and 28. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER, 1989. PLANNING CO~ISSION OF THE CITY OF ~ ~-a~~M~N. iel, Chairman ATTEST: ~ '~ RANCHO CUCAMONGA 0 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 8th day of November, 1989, by the following vote-to-wit: AYES: CO~tI SS IONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COI~4ISSIONERS: NONE RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME EXTENSION FOR DESIGN REVIEW OF TENTATIVE TRACT 13565 (PHASES 6, 7, AND 8), A PREVIOUSLY APPROVED DESIGN REVIEW OF BUILDING ELEVATIONS AND DETAILED SITE PLAN FOR PHASES 6, 7, AND 8, CONSISTING OF 125 SINGLE FAMILY LOTS ON 55.7 ACRES OF LAND OF A PREVIOUSLY COUNTY APPROVED TRACT MAP LOCATED NORTH OF SUMMIT AVENUE AND EAST OF WARDMAN BULLOCK ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 226-082-16, 17, AND 27. A. Recitals (i) Standard Pacific has filed an application for the extension of Design Review for Phases 6, 7, and 8 of Tentative Tract No. 13565 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." (ii) On November 8, 1989, this Commission adopted its Resolution No. 89-141, thereby approving, subject to specific conditions and time limits, Design Review for Phases 6, 7, and 8 of Tentative Tract No. 13565 (iii) On August 14, 1991, a one-year time extension was granted by the Rancho Cucamonga Planning Commission. (iv) On February 10, 1993, the Planning Commission of the City of Rancho Cucamonga held a meeting on the application and concluded said meeting on that date. (v) 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. Eased upon substantial evidence presented to this Commission, during the above-referenced public meeting on February 10, 1993, including written and oral staff reports, this Commission hereby specifically finds as follows: a. That prevailing economic conditions have caused a distressed market climate for development of the project. b. That current economic, marketing, and inventory conditions make it unreasonable to develop the project at this time. PLANNING COMMISSION RESOLUTION NO. TT 13565 - STANDARD PACIFIC February 10, 1993 Page 2 c. That strict enforcement of the conditions of approval regarding expirations would not be consistent with the intent of the Development Code. d. That the granting of said tame extension will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. eased upon the findings and conclusions set forth in paragraphs i and 2 above, this Commission hereby grants a Time Extension for: Tract Applicant ExPiration Design Review for TT 13565 (Phases 6, 7, & 8) Standard Pacific November 8, 1993 4. The Secretary to this Commission shall certify to the adoption of this Reaolution. APPROVED AND ADOPTED THIS lOTH DAY OF FEBRUARY 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Bullet, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held 'on the loth day of February 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DATE: TO: FRDM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT February 10, 1993 Chairman and Members of the Planning Convission Brad Buller, City Planner Beverly Nissen, Associate Planner TIME EXTENSION FOR TENTATIVE TRACT 13835 - HOMESTEAD - A request for a time extension for a residential subdivision of 78 single family lots on 25 acres of land in the Low Residential District (2-4 dwelling units per acre), located at the northeast corner of Highland and Rochester Avenues - APN: 225-152-01 through 04 and 18. BACKGROUND: Tentative Tract 13835 was approved by the County of San Bernardino Board of Supervisors on December 19, 1988, and was granted a three-year approval at that time. In addition, an Annexation and Development Agreement as well as a Development District Amendment was approved by the Rancho Cucamonga City Council on October 18, 1989. One time extension has been approved by the Planning Co~nission extending the tract until December ~9, ~992. The City of Rancho Cucamonga Development Code (Section ~7.02.100 B) provides for time extensions in twelve-month increments, not to exceed five years from the original date of approval. The applicant is requesting the final one-year time extension. ANALYSIS: Staff reviewed the proposed time extension request and compared the proposal with development criteria outlined in the Development Code as well as the Development and Annexation Agreements. Based upon this review, staff determined that the project meets the Basic Development Standards of the Low Residential District and the provisions of the Development and Annexation Agreements. FACTS FOR FINDINGS: The Planning Comission must make the following findings before approving this application. ae There have been no significant changes in the Land Use Element of the General Plan, Development Code, or character of the area within which the project is located, that would cause the approved project to become inconsistent or non-conforming; and The granting of an extension will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. ITEM B PLANNING CO~ISSION STAFF REPORT TE FOR TT 13835 - HOMESTEAD February 10, 1993 Page 2 RECOMMENDATION: Staff recommends approval of a one-year Time Extension for Tentative Tract 13835 through adoption of the attached Resolution of Approval. BB:BN/jfs Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Tentative Tract Map Exhibit "C" - San Bernardino County Conditions of Approval Resolution of Approval December 17, 1992 OF RANCHO CUCAMOI~ PLANNING DIVI,~ION 1993 Ms. Beverly Nissen City of Rancho Cucamonga Community Development Department Planning Division PO Box 807 Rancho Cucamon~ia, CA 91729 Subject: Request for Time Extension for Tentative Map for Tract 13835 Dear Ms. Nissen: Due to the slow progress of the final map and improvement plan, we are not able to complete this project on time. Therefore, we would like to request a one year time extension for Tentative Tract Map - Tract 13835. Enclosed is a check for $549.00 for the extension fee. Your granting this extension would be very much appreciated. Sincerely, Henry Pao Project Manager \l. tr\316~eq.hp REF: 316002 · 1470 South Valley ~lete Drive, Suite 225, Diamond P~r, California 91765 · · (71~) 860-3566 Fax No. (71~) 860-3476 · · Apple Valley (619) 2t10-3336 · m4 S~I/i?-~O/#l~-42/TR ~313S minim~ dep~A o~ one hundred (~00) ~ee~ ~n4 i I~n~a~ vid~h o~ 60 Zest, (70 ~eeC on corner ~oCl). ~n addLCLon, each measured iC ~e bulldin~ le~a~ line ai delinea~ed on the composure develo~ pl~. ~ere loci OCmLC on the bulb o£ a cul-de-sac, a depth o~ ninety COO) ~eeC rill be pe~uiC~ed. Z£ ~Ae proposed depth is less CAen ninety (00) submitted Co demonstrate CAaC a buildshie lo~ aL~a is possible and to ~ueC~¥ C~e lesser depth. Roads viehie this develops·nO shall be encored into County MainCaLmed Road System. ~e racer p~cve¥or I~11 be C~1%q~· County Water Ols~ri=~.. Sevage disposal shall be by connea~ion co cuc&uonga county A pFelinir~ry soil report, ~uplyin~ vi~ ~e provisions Ordinance 3ils Ihall be £~led v~ and approved by the BulldAng OZ£~o~al pr~or U roaordd~on of ~be final nap. A geology zmpor~, pzlperid by · XA~enied geologist, shall be FecoFda~Aon. & depoeA~ prior tAi l~tpl t~l~ Ig~ bl ~omp!e~ed Co naeC for lno~alla~on and/or f&nmme o~ CAe va~er system end/o~ ,ever · NON-STAIIDARD COHDZTXO#($) B~AC~O~ HOMES $~B/I?-XlO/VXl*-62/TX X313S Cond£tion· o£ Approval PAGE 2 OF 15 plans approved by ~hi v·C·r and/or levering utility and the gov·rninq fire pro~·cCion ·uChoriCy. The plans shall b· r·viewed by · Civil Engineer, registered in Che SCa=e o£ Call£otnla, and cone·in required c·~ci£icaces and app=~al i~aCu=ea. IC isle d~elope:'a =eiFons~- biliCy =o lubiiC Co ~e OFF?~ o? S~V~YOR. T.AND m~n~ S~IOM, a copy of ~e approved 9lan am~ a conf~ing Chic the impr~mn~ hal been installed and accep=~. ~ere · bond is to be posted in lieu of installation of t~e lnproveaenC: The don·iSis water plan and/or iavlr plan which no·to the req~iremenCa o£ the SCa~e Heil~ &~KS Sa£et¥ Code mhall be revolved by I Civil EP~inee~, registered in C~e State of Call£oz~la, and aFFrayS4 fire protection authority. ~e planl ihall cone·in C~e red,red ~er~iZicaCea and approval si~aCurel. · ~ o~ ~e a~r~ plan shall ~e ~ Se~ZOX. e Said engineer shall de~eruine C~e amo~mC of bond niGellaZy ~0 install ~e ~aprovllen~l. This laoun~ plus ~ln per~en~ o&all be poo~ed signed by ~e engineer KaVArig ~a~ ~he ibl~X be ~neXqded vL~b ~be ei~na~e and be pXKed v~ r. he avenay. * NON-STANDAP. D COND:E'TXON(S) **9 · Cond~C~ono o£ Approva~ scac~nc con~n9 ~ac ~e impFore. no ~as ~een ~necalled and appropriate State and su~ ~~C. XC Le ~e deveXoper*s response- levels ac ~e developnen~ and a~all be royloved and approved by the Oepar~nenC o£ EnvironnenCal Heal~.h Sibylcoo prior Co recordation. Prior Co issuance of ~ullding peruiCe a topoct seating ~AaC ~Ae rocmmended nl~iga~on ~asu~s have been ~mp~enCed aha~ be I~R~CC~ ~O ~e ~~ O~ ~on- =enca~ Hoil~ Sea,col. 10. lI. T~e developuen~ and each philo ~hereo~ sh&l~ hive ~vo pointe of vehicular access for fare and oUer energen~y aq~lpnen~, and for rou~eo of eo~apev~l~vl~ s·fely~and~e evacuations ao required ~n CAe Developuen~ Code. 12. · 13 .. '14 * Water lyl~ill designed co nee~ ~ae required fare ~lov of this developnen~ el~a~ be approved by ~he FAre Agency. The developer .~a~ furnAmi 'cite r~n M~ v~ ~ cap,es o~ ~Ae va~eF system ~nprovemen~ pXano for g~gna~re an~ a che re, ArM ~ ~1~ prLor ~ r~oWt~on. Water sysce~ shall be opera~Aonal and approved by ~e F~re ~en~ o~ bond~ ~or prAor u ~~on. ~or ~o ~y ~e g~ade cono~c~Aon ~~, your ~or fin p~~on ,~axx be ope:a~Ao~l ~ ~&~v~ ~ ~ r~ ~. Six (It) Lm~ liiLnl e~aXl be requl. red. oue t~e pro~ee~ beLng ~n hig~ hazard cezxain, hydrants musC~ opaeed aS 400 foo~ ~n~ervaXe. Due Co ~he pro~ee~ beane An ~L9~ ~asard ~erzaLn, the ~ire £1ov shall be · mLnAnum of IS00 galleria per nXnuce. NOTE: Hydran~ speeAn~ Bay be ~nereaied and f~re flay reduced, * NON-STAHDAR~ CONDXTXON(S) SUB/87-110/W119-%~,TR 1313S Conditions of Approval 12-19-88 IhOUl~ =he developer decade Co sprir~clirl An ill cAi rli£dencei. PAGE 4 OF 15 *'IS. Developer 'shall commence, participate in and cone---ace, or Pro=action District, Co finance i fare ice=ion co secve =he opera=ions and maintenance. The station shall be located, designed end built Co all specific&clone of =he Foothill property upon completion. The eq~Aip~ent IAIll be selected ~y =he District ~n ecoordence v~tn ~te needs, ~ &my ~uildinV o£ =he station, Developer shall cmipl¥ rich all applicable laws and regaleaLone. The CFD shall be £orned by ~sC=~cC and Develope~ by ~e ~ine st =eco~a~ion or CAe OFFICE OF S~RVEYOR riND DFV~.?nPNYNT/DRAINAG~ S~CTION 16. Floreve elselents or San ai~ne~lLn~ CounCyOre~n&ge Eiienen~s shall be obtained where diversion or conGest=sCion of rqno~f prope~y. 17. Adequate rolls shall be pz~vided on the entrance roads co =he site a~ Rochee~er to mAnAnise ~he possibility st screet ~Xov entering cAe s~te. 18. Adeq~aCe provisions I~ill ~l Bade to ~ntercep~ end conduct CAe o~Z-slCe trJJm~azy drainage £1ov around or.~rough =he s~Ce ~n a ~er~A~v~ risc ~erse~y a~ec~ adjacent or do~sCre~p~~eo, Adequate San ~erna~d~no County Drainage ~&ieaanCl (uinin~Lu ls ~eet v~de) 81ta~l be provided over Ue na~al ~=a~nage courses a~or ~a~l&l f~l~el. ~e ~1~1 sail1 be des~gn~ U MU~ ~ ~00-yur fr~~ .~on ~ov p~us MulXL~ ~ h,~lq~ ~r C~y S~a~ ~L~eria. 20, In addA~Lon ~o the Drainage Requ~relen~s s~a~ed herein, other eon-eA~eeor uoff-iLU~ ~provanenU ny be ~e~A~ and ~d ~ve eo ~ rov~M after ~re c~XeCe ~pr~eunc p~ans ~ p~fLleo ~ve ~ o~ACC~ ~ ~n oZ~ce. * NON-STANOARD C.Q#OXT~O#(S) ~ condiCionl o£ XFprov&l '21. Approval shall Me obtained £rom the San Bernardino County Flood Con~rol ~l·~rict ~ha~ ~he ·i~e i· adequately pro~ec~ed ~rom c~e 100-year design scent in accords·os vi~h Federal Emergency Xanagemen~ Agency (FEKA) requlation· and the county ~eveXopaent code. *22 · T~e developer's engineer ·hall o~tainor provide ~he necessary engineering in~oraation ~o £oward ~o FE~A in o~er ~o ~ave the s~Ce removed ~ron ~Ae ~1o~ p~a~n. ~s ~n~o~ac~on · hall COnl~lC ufidet consc~ccXon, and~ehydFol~ic/hydraulic caX~lacions puc into the ~o~c a~cepC~Xe co *23. T~e applAcan~ shall contribute his fair share ~o the Oay creeX Channel P~o30c~. T~o. aa?,.,~,t shall be detecuLnea ~y one FXood Con~roX m~e~rAct, Uaaod On a~roage. · 23a, The tra~t shall not Me released £or o~eu,u~.n~y until Phase ~a.o.s ............................ ~ o~F~cz or s~ox 24. Road sections vLthLn and/or betdArter the tra~ ·hall Me ~eoivned and cona~roc~ed to Valley Road StandArds and veac valley Foothills Community Plan e~andarde of San Bernardino County0 and to U~e polishes and requirements of ~he County and Flood Control ~~ in accordance ~ 2S. Any grading vlsi· the road righ~-o£-vay prior inyp~efMNMt~Llls i~or~v~. 26. Final piano and profiles small ~nd~ate ~he loea~on o~ any existing uCLlL~y fa~lAW vnAc~vould af~ec~ cono~ruction. * NON-STANDKI~ CONOXTXON(S) SUB/I?ol10/V%igo62/TR .Conditions o£ Approval 28. 29, 30. '31. 32, 33. 34, , 3S, 37, & Choreugh evalua~ion o£ the sC~c~ur&l road s&oC£on, co £n¢lude plrXvl~ ~provolin~l, £rou a ~ali£11~ ~&Cir~all engineer, shall be suUmic~ed Co the Transportscion and Flood C~C~ol Departaerie. ~xii~ing County roads which vill require reconsC~AcC~on shall remain open ~or ~rl££ic iC all cimil, with adequate detours, during actual construction. A cash deposit shall made ~o cover ~he cost 0£ grading and paving prior Co records- cion o£ the crac~ nap. upon ¢ouple~on st the grading paving co the sa~is£ac~ion o~ ~Ao ~ranspoL~ca~ion and F~oo~ control Department, Oho cash deposi~ way be rotunded. vehicular access rights shall ~e dedicated on Highland Avenue, F~C~cI SCa~e Highway 30, Rochester Avenue, VimCage Drive, and along ~Ao rear of double ~ron~agt loCI. Future State Highway 30 right,: ot way, including interchanges or grade separa~Lonl,' shall be relez~ed the p~o~ec~ £~on~age a~ I~ on ~e Mp iI All road naBee Ihill be coordina~edvi~e County Transpor- tation and Flood Control Oepar~nen~, TrafZAo Division. Road improveaen~ plans £or Highland Avenue-State Highway 30 shall be subBLC~ed ~o ~he I~a~e I:)eperCaenC o£ Transportation by a registered cAvil engineer. Dedication shall be gra~od on Highland Avenue-l~aCe Highway 30 as necessary ~o conour viU ~ NAI~ir Plan of H~ghvays. This dedAee~on As ~obeGeerd%nal~4dv%tcb'd~ei~ace Department st Transpoz~ca~Lon. An approved ~ype wall or barrier shall be required along the rear of doublefron~age lo~a, and shall be constructed outside of ~l~e rL~e-ef-way, All rMFl%red L.~omd and draAnaqe LuproveaenCl shall be bonded in aaeordanee vL~n ~e County DevelopBent Code, unless conaeA~m~od and approved prior ~o referdeC,an of ~he Final Map. Turn areundo a~ dead end streets shall be %n accordance rich the requLrelen~e of C~e County Transportation and Flood * ~OH-STAHDAID COND%TXONCS) 38. 39. 40. 41, **42. ConCrol:Depaz~.uonc, and the Forost~ and FiFe warden Depaz'c- mens. end ~l~ool~ed &l niciii&~¥ viChou~ Goi~ Co ~hl County. ~he developer shall m&Xo · good £al~A i££oz~ to acquire the rsq~i:sd o~f-sito property interests and ~ he or she should ~ail to do so, the developer shall at least 120 days prior to lubm~CCal oZ the ~inal nap, enter into an agreement to complete the improvements pursuant to Government Code Section 66463 at such t~ie el CanAry aoq~ree the property interests required £or the £mprovenents. SGch agocement shall p~ovide MM Co~M Xn co~ecCion v~ o~ these costs sha~ be R~ght-o~-vay and ~mproveusnts '.(~n¢lud~nv otZ-s~te) to transition tra~f~ end drainage £1ova ~ron proposed to existing, shall be. required as Basesmiry. Trees, £rrigat~on iyitill~ landl~aping required to be £nsCa~ad on public right of vay vit~n this tract area sha~l be Bainrained by o~her ~ CAB County Transporta- tion/Flood Control ~~, ~ o~l~ ~ ao spec~r~ed ~n Prior to re~ozdi~on, t~oappll~an~ l~l~l~on~r~Jmca his share C~a~ ~ ~m i~l~za~ of H~qbla~ Avenue ac Traff~a ~~. OFF~C~ ~F Iwtir]:110 43; ConiLlBefit I~LLZ be ob~uJ~md, ~n vz'LtLng, from ~he sever~nq * NON-STAN~RI) CONDZTZON(S) ~ **!:NV~RONI(TJfTAL IqZTZGAT~ NEAIUP. EI S~I/I?-lIO/Vll~-42/'X*R 13125 conditions o£ Approval ~2-~o-8o ~n~eriec~ons; XAeCall underground condu~c w~c~ · pull cord fuCure ~ne~elle~on of add~Cional lights) ~hrough the cover all ins~&llaCion and connection charges additional eCreec lights per adspeed County policy rogardinglig~C polo spacing end appropriate disCric~o provide street light Bainessence. 4S. 46. Subdivider iAill prolone evidence Co ~e County Survsyor's office CIviC he has Cried Co ohO&in i non-~nCerfersnce letter v~n ~e prope~y ~dar~es. ,. easements or easements o£ record v~ichcanno~ be relinquis~ed or relocated, shall be redesigned. 47. The foileying building se~c~ lines shall be delineated on ~Ae composite developBen~ plam As variable fren~ yard building se~0scX line of aC least ~eeC and averagJ~g a~ l#s~ 2S ~eec. A side yard buLldJ~j se~3~icJc l~ne o~ a~ loas~ 15 £eec ad3acen~. ~o s~do s~ree~8 on corner loU. b requAfed slaps plan~inv. Slope plan~lng shall be r_eq~red far ~e surface of all ?a~ slopes Bore than f~ve (S) fee~ ~n hel~lt~ and fill s~epeo Bore ~Aan ~hree against debase by erosion by pl~ vt~ ~ass or spaaed a~ no~ ~o lVVlel! ~e (%0) f#~ On cen~ers~ or NON-STANDARD CONOZTXO#(S) SUI/I ?-110/W't 1 I-I I/TR 1313S ¢o~d~$Onl o£ &pprovil 12-~9-88 PAGE 9 OF lS t~eel/ spiced &tnoc co exceed twenty (20) feeC on plenCl. The pianOs selected and planC~ng iiChodl used of CAo sics. Trees 10% 1S gel.; 40% 5 gel.; 50% 1 gel. ShrUbS 20% S gel.; 80% Igll,; Groundcover 100% coverage. B, The rsq~£red street Ce All reguired walls. All deGorative walls shell be such as tree planter villa, var~ilole setbooM, split bloc~ face, colunne, or c~he= such ~e~Curee Co p~ovide v~sual and ph~l~Cal Felle~ alo~ ~e yell ~ace, ~ B.O.$. Any existing treel to rena~n on care. Any eucalyptus C=ees to be retained i~811 be Copped to CA~L-C¥ (30) £eeC, CrJJmed iI~._ng ~ ~Mr t~Z~w feet, and c~ea:~ o~ a~l ~d l~v~ ~~~. v~ ~ a~~ eye~ of Lrr~qa~on, ML~ U ~er pop,one of ~ ez~. A ~~A m~ of ~e ayo~u nay areas ~all ~ ~e r~~l~y of W ~l~r ~X c~e NON-STANDARD CO#OZTXON(S) : crans£e~ Co ~nd~v~dual ownersh£p or until the na~nCenence o~fic~ally ess~ed ~y · Coun:¥ service Area. All C£on systems, vhere required, shall be designed on an £ndividual ~oC bas~s unless commonly ma~nCa~med in an &pproved manner. 50. Cul-de-sac LoC - L tree; ZnCer~or ~oc - 2 Cream; The variety o~ tree Co be provided is s~e~ ~o County approval and Co ~e nain~ained by ~J~e proper~y owner, end ~rrigaC~on plans and all requ~redvalla s~alX be completed or suitable bonds posted £or Chair cmap/e~Lon. * MOM-ITMIDA,RD COMDXTXOM(I) **ENVZRONI~J~TJ~ KXTZGATXV~ $2. S3. S4, 56, co be lubm~CCed Co and ipprovod By C~e O{tLc· o~ B~LdLnq and S·£eCy. ObC·£n · deno~CLon peLmLC ~or ·n¥ bvL~dLng Co be d·noLLsh·d. Underground iCFttc~ril nttlC be broken ~n, b·ck-f£1Lod and inopecC·d betore covering. An erosion and iidLain~ control plan ·haLL be etbnL~Cod for rev~ev land A tree ren~v·:L plan, pozuLlt and pro~onRz~RLon ~n oonp~Lan~e viU ~e county'l p~ant proCoRed and nasageneriC ordinance aAS:L1 be ·l~rov.d pr~o~ co any :Lind and/or renova~ o£ any protto~ed ttr4iei or p:Lan~.8. COUNTY F~Pl AG~"I/CY iS?. AI:L raoULrig n&~orL&Ls uled ~n '.~18 pro3eG~ sha:L:L be o~ · non-coubuo~JJ)le na~erL&l. Trei~ed Ri~erL&:Li of · ~enporiry n&Cuzl vL:L:L n~t bl &csc~ipted. *SI, A pont~C'S~i~:L be oblta~nod fLOR 'el'is CL~y of Ranc~o C~o&nong· dr&~n oonnoGt~oni. , OFF,OK OF SURVEYOR r~qn MNrFT~Mi~IT~i~t~ ob~aLft4d frei the County TransportRLon ami flood Con~ro~ DeF&Ztalen~ pzioz ~o tsou&n~e of · grading perttc ~y cA. orfiaeofittldlLugand/&fe~y, 60. DepartMat of TnneporUt~on prLor to any conRru~on v~cA~n s~aCe r:Lqh~,..o£-v&y. · NO#-S?AXDARD CONOZTZO#(I) condiCione o~ Approv·l '61. completed and approved prior co f£n&l inspection of Buildings or s=rucCuFal. The =era *'p~ase" as used here mean =As following: "The block of building pin,Co drawn on less =Ann =he whole pro~ecC# or #A plan of ¢ons=ruc=ion w~lcA ~nd~ca=eo blocks of cono=~c=icn o~ leas =man =~e whole pro30c=". In each phase, ~a ins=sileSian anM on or of~-siCe improveneeCo shall be au~icienC~ completed so as co assure poecad,on ~cou oco~ o~ run of~, a sa~e and ~rive~e access ~or ~re and sa~eC~, and the ordinary and ~n~ended use o~ ~he buildings or s~c~ureo. ~e ~ld2nq O~2c~aL, ~ ~o con~rrence CA· O~lce o~ .~he Sure,or, ma~ appr~e any plan or approve a change ~o an approved plan, w~ich c~pXieo w~ ~he o~ Uhis poll~. *62. prior co issuance 0£ building per. lOs ~e developer shall provide ce~ci£icaCion ~rou ~he a~propriaCe sc~.ool dis~ric~ as required lay Cell£orn~a Govarrm~ Code Section S3000 (b) C~aC any £ee, charge, dedication or o~cl~er fern or requ~reueh~ levied by ~e governing board o£ ~he dis~ric~c pursuan~ ~o Governnsec Code Section 53000(a) hal been sa~letied. 63. A ~inal gladins plan shall be required. Said grading plan shall be lubnl~Cod ~o ~S O££~c8 o£ BuildireJ and Sa£eC¥ ~or reviev and approval. All on-el~e cu~ and ~lll slopes shall: Ae Be liml2ed 2o a mlnu~ elope ratio of 2 Co 1 and a naxinum vertical heAg~ o£ ~A~r~y (30) £eeC. Setbacks £rcn ~op and bo~om of elopes shall be a uin~n~ o~ one-~a~ ~ s~o~ height. Be con,our-graded ~o blend v~Ch ex~e~ing natural c. Be a part of ~e down~ll lo~ ~aen vixen or between ~d~vLdu&L *64. Recogmendad ~ ~eL~l~l for uanu£a~ured elope banks are l).e~ed ieloe. Vertical ~eLg~ e~all be ~he ~eaiurenenc be~veea ~e elevation of ~20 ~oe and ~op of ~he slope including retalJ~tng valle. T~e natural slope £or grading purposes shall ha de··mAned on a parcel ~y parcel baals, using ~Ae ~Lga and low elevation of ~e area ~o be graded. Kax~nun heights ~all no~ ~e exceeded unless gra~r~J can be · NON-STANDARD CO~DXTXO#(S) **ZNVZROIq~.NTAZNZTZ~TX'V~ JUB/8 ?-XX0/Wll9-S a/TR X3i3S Conditions o£ Approval x2-xo-ae · 6S, signA£~canCl¥ reduced My increased ~eig~C. Al~ernaC£ve desAqna ~ha~ vould ~edu~e slope heights are preferred. Any ~ardc exceeding ~venC¥-~ive (2S) rest, cegardXees o£ length, shall ~ave variable gradients. As The mane elope height v~lrl con ¢10t) persent or The naxAmm slope heigh~ v~ere ~e natural terrain is grea~er ~Aan ten (10~) percent but lass ~Aan or equal to ~i~een (lS4) per,end, is Zif~een elS) ~eet. exseeds £i£teen (1S~) peasant, is ~h~r~¥ (20) ~ee~. During conatruc~ion, aseaurea shall be ~a~en to con~rol ~no~ ~rou construction s~tas. Fil~er £abric £encea, heavy plastic ear~A covers, gravel hem or lines or straw bales are a £ew o£ ~e te~sniquee whie~ should be ~ono~dered. =radinV s~all be phased so ~a .proup~ reveqe~a~ion ~r construa~on~an central erosion. U~erepoee~ble, on~y .~e areas v~c~vLll la~erbe resurfaced, landscaped or bu~l~ on should be d~s~ur~ed. lesurfaeing o£ parking lo~e and roadways should ~aXe pla~ as aeon as practicable, no~ a~ ~Ae coaple~on of ~n~A~e~Aon. 67. A copy o£ ~e £~nil g~ pile, approved by B~lldinq and Sa£et¥, shall be subuA~ed ~o ~Ae o££~ce o~ Planning when graded cu~ 01ope~ ~xct~ f~vo (S) £eo~ in he~gh~ and slopes exceed ~ree (3) fee~ ~n l~l;l~! ~10~11~! IllLb Iff Jl OQ~U~ZIO U~ZL TII FOLLOWXMG COUNTY 68. Address nuBerLLo a~all be a nAn~mua of four in~Aeo in heLqh'c on · aea~JuotlJm )qe: j.~.~4, and' ~BLLX ~e v4s4hle £roa ~e s~ree~. 0urAug b ---ba~ e~ dafXnasa Umy a~alX be in~eznall¥ (Standard #e. XII). Ea~ aidshay ued ~n ean~une~on wA~ any ~replace or any Aea~tV_ a~Aanoo An ~Aea salad or liquid fue~ Ls used shall. be BaLa~a-~sed wLt~ an ·pi~aved 8par~ armlet as iden~Aea ~n ~Ae Unt£o~u F~,re Code (l~andard Nun~eZ 13~). NON'STANDARD CONDZTXON (I) ~ev~, ,,e~ ~' J.O.$. 2-19-88 ,vx~ed Oy 2-ig-88 SUB/f?-IZO/WZ19- /~R 1383S CondtCtono oZ Ap~.-oval *70. ~gh~and Aveflue oh&~ be ~lD~OVed ~O l~.ll!dirdi II~lb~ihid co che C~y and Cbe d~ve~r. ' ..... Mt(~M/~~M~M/~~ / ~ 73. A~X =equLredroedinddr&Ln&qe~mproveRen~li~l~ be ~ns~&X~ed 7~. ?S. all pezild~lriL itzeel:~. Utility lanes Ibmll be pla~od underground in a~cordence the cequXreuen~l of Co~n~yOrdLnin~e. * NO#-S?A~DAID CO#DXTZO#(I) . . S~B/I7-;L].O/WX~O-¢.. Tit ].382S cond~t~one o~ XppFova~ ~2-~0-80 re.quOted l&ndsc&p~nq and va~a, &s per ~he approved plan, ana~ be ~ns~&lled prOoF to occ~pen=y. * IVO#-I?AIIDAIO COIID:ET~011(I) Exhibit Conditions of Approval $~3"llt ]llprovlllntl o~ Rochester and H~ghland Av~mue$ Iqochester Avenue shall be constructed full wtdth fro. Highland Avenue ~o ~he north project ~ndlr~. T~ vlrttc&l and horizontal alignmet shall conform to the Ctty'S approved sCmt plans, Including appropr~at4 trl/ISlt~ofis to align with a i~1or irtePlll off the south sfde ~ Htghland Avenue. The hvelopm' shill rovlse approved plans Include the Hit side of RochestiP Aveflue, to satfsflctJofi of the City [ngln#r. prior to Jssulfice of encroeclmmnt peritit. The DlvelopeP sire11 be rm~lbmrsed fa~ ectuel audited costs PoP constructing those lmprov~lento shmm on the approved street p11nl for Plroll Nip g~9~ (Sheets 3 and 4 of No. ZZZS) Prim ¢unds off deposit for the ult~mtl ImprovemenU. Htghland Avenue she11 be constfuctld full vddth (44 ffit4~ piveeent) for the entlro length of the project frontlie Ind for fuet Vllt of the centerline of the tnt. Psecttoa of' Highland ud Iiocheltlr Avenues vtth IppPoprtltl trlnltttm to ~he IXtlttq paviafit bt~ond those potnts. ~ 0eveloper rill be pvl~ & i nldNn'NBInt ~ tO PecOVlP COSt of const~ucttq the full vtdth p&, Kent street ImproveBunts f~i futur~ aveloire.hi ~s tt occurs on the south side of Highlind Avenue. Zntertm right turn dlcllerlttOn Ind eccelorittofi lines for w~$tbouad traffic she11 be con$~ucl~d off the north stall of Htghlind Avenue, utah transitfans to meet the permanent plylint it conromance vtth the CTW'$ approved plans. The 0eveloper Ih111 be r~tllNn~ld IW~ ectull ludttld costs for constructing those tal)rOvlintS shown on ~le approved street plMs for Parcel I~oP (Sheet Z7 of 0?lwtng NO. ~2~S) fram funds on depo$tt ulttmte tapforagers. ~:~ ANNEXATION 80-03 EXHIBIT "C" RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME EXTENSION FOR TENTATIVE TRACT NO. 13835, A RESIDENTIAL SUBDIVISION OF 78 SINGLE FAMILY LOTS ON 25 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN= 225-152-01 THROUGH 04 AND 18. A. Recitals (i) Dwight French Engineering has filed an application for a time extension for Tentative Tract No. 13835 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." (ii) On December 19, 1988, the County of San Bernardino Board of Supervisors approved Tentative Tract 13835. (iii) On October 18, 1989, the City Council approved Development Agreement 89-03 and Development Districts Amendment 89-02 as well as Annexation Agreement 89-03. (iv) On January 22, 1992, a time extension was approved by the Planning Commission extending the map to December 19, 1992. (v) 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, 'including written and oral staff reports, this Commission hereby specifically finds as follows: a. That prevailing economic conditions have caused a distressed market climate for development of the project. b. That current economic, marketing, and inventory conditions make it unreasonable to develop the project at this time. c. That strict enforcement of the conditions of approval regarding expirations would not be consistent with the intent of the Development Code. PLANNING COMMISSION RESOLUTION NO. TE FOR TT 13835 - HOMESTEAD February 10, 1993 Page 2 d. That the granting of said time extension will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. Based upon the findings and conclusions set forth in paragraphs i and 2 above, this Commission hereby grants a Time Extension for: Tract ADDlicant Expiration 13835 Homestead Savings December 19, 1993 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF FEBRUARY 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST= Larry T. McNiel, Chairman Brad Bullet, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cuca~onga, 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 10th day of February 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: February 10, 1993 Chairman and Members of the Planning Co~mnission Brad Buller, City Planner Steven Ross, Assistant Planner CONDITIONAL USE PERMIT 92-33 - CLAUDINE EUBANK - A request to allow a massage establishment within a 1,610 square foot leased space in an existing comercial center on 9 acres of land in the General Commercial district, located at 7890 Haven Avenue, Suite 14 - APN: 1077-401-29. PROJECT AND SITE DESCRIPTION: ae Site Characteristics: The site is a fully developed shopping center with a bowling center, retail, and restaurant uses. Applicable Regulations: The Development Code classifies any business which provides massage treatments as massage establishments and, hence, Adult Businesses. These businesses are restricted to General Commercial zones and require the approval of a Conditional Use Permit. C. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Bowling Alley 36,025 5/Lane 200 200 Office 1,345 1/250 5 6 Medical Office 1,610 1/200 8 6 General Retail 23,668 1/250 95 95 Furniture 6,300 1/500 13 13 Restaurant 4,995 1/100 50 50 Vacant 9,935 1/250 40 43 Beauty College 5,140 3/Station 63 63 Oasis Spa 1,610 3/Statio~ 12 12 TOTAL 90,678 486 488 Beauty salons require 3 parking spaces for each beauty station. Because the primary service of the Oasis Spa is for this purpose, the 3/station ratio is appropriate. Therefore, with 4 stations, the spa requires 12 parking spaces. Adequate parking is available for the proposed use, and staff does not anticipate any further conflicts. ITEM C PLANNING COMMISSION STAFF REPORT CUP 92-33 - CLAUDINE EUBANK February 10, 1993 Page 2 NOTE: E1 Pollo Loco and the California State Bank are located on a separate parcel and also have adequate parking for their respective businesses. As the table demonstrates, the shopping center has adequate parking to support the existing businesses as well as the proposed beauty salon/message business. ANALYSIS: Background: On February 19, ~992, the City Council approved Ordinances 485 and 486 pertaining to the regulation of massage technicians, massage establishments, and similar businesses. Ordinance 486 revised the Development Code's definition of Massage Establishments as found under the Adult Businesses classifications. The definition considers virtually any business which provides massage services as a massage establishment. Because they are classified as adult businesses, message establishments are only permitted in General Commercial zones subject to the approval of a Conditional Use Permit and a Massage Establishment Permit. Ordinance 485 created a detailed permit review process for massage technicians, establishments, and similar businesses. This permitting and review process is handled by the Business License Division. Ordinance 485 requires the approval of the Conditional Use Permit prior to issuance of the Massage Establishment Permit. In summary, the Planning Commission is charged with reviewing land use compatibility of the establishment, while the A~m~nistrative Services Director reviews the applicant's background and ensures that the business operation complies with the provisions of Ordinance 485 (see Section 9.24.050 in particular). Massage Establishment Permits must be renewed annually. Each massage technician must also apply for and receive a permit. General: The applicant's business would provide therapeutic skin and message treatments for male and femele clients. Specifically, the proposed services would include: herbal treatments, facial and skin treatments, european body wrap, and massage. Related beauty supplies will also be sold at the location. A total of three employees will work at the establishment. The proposed hours of operation are from 9 a.m. to 9 p.m., Monday through Saturday. Compatibility of Uses: The proposed use would occupy space in the middle of the building next to a restaurant on one side and vacant space on the other side. Richard's Beauty College is located in the same building. The applicant's business would provide many of the same services that are offered as ancillary services at some full- service beauty salons in the City. No complaints have been received regarding these other similar businesses. The center is characterized by a mixture of retail, office, and restaurant uses. Staff does not anticipate any compatibility conflicts with tenants within the shopping center. PLANNING COMMISSION STAFF REPORT CUP 92-33 - CLAUDINE EUBANK February 10, 1993 Page 3 RECOMMENDATION: Staff recommends that the Planning Con~nission approve Conditional Use Permit 92-33 through adoption of the attached Resolution of Approval. BB:SR/jfs Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Floor Plan Exhibit "C" - Site Plan Exhibit "D" - Ordinance No. 485 Exhibit "E" - Ordinance No. 486 Resolution of Approval Steve Ross City of Rancho Cucamonga Community Development Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Claudine Eubank 5465 Triple Crown Dr. Borisall, Ca. 92003 16 December 1992 Dear Mr. Ross: This letter is forwarded to state my intent for the business named Oasis Spa, located at 7890 Haven Ave, Rancho Cucamonga, Ca. 91730. The phone number at the established business is (714) 944-0338. The service we will provide are therapeutic skin and massage treatments. These treatments will be available for both male and female clients. My intent is to provide the following specific services in the city of Rancho Cucamonga: HERBAL TREATMENTS FACIAL AND SKIN TREATMENTS EUROPEAN BODY WRAP BEAUTY SUPPLIES MASSAGE My in%ended hours of operauicn are Monday through Saturday from 9:00 a.m. to 3:00 p.m. i intend to employ 3 personnel. will be a pleasure To serve The Rancho Cucamonga public Sincerely, Claudlne Eubank I illIll II~j~lllJl!1111 IIIIIILI~ "r'o~/N Clilft£1!, DI!,I¥i Z :> ,< CITY OF P,A~' O CUCAMONGA PLAN ~NING, DMSION & J ~0 TOwN CENTER ITEM: CUP q2-33 TITLE: S,(tlS J~-/~N Cb~,-.~') EXTIIBrr: C-2 SCALE: --'-' ORDINANCE NO. 485 AN C~DINANCE OF THE CITY (I~NCIL OF THE CITY OF RAN(~O CTK~%MC~A, CAL/TORNIA, ADDING A NEd O~%PI~R 9.24 TO ~ RANCHO CUCAMONGA Mt~ICIPAL O00E P~3%INING TO MASSAGE T~C~F/CIANS, ESTABLIS~4~fS AND SIMrtAR BUSINESSES The City Council of the City of Ranchin ~ does hereby ordain as follows: SECTION 1: A new Chapter 9.24 hereby is ~4~d__ to the Rancho Cucamonga Municipal Code to read, in wok-ds and figures, as follows: "C~apter 9.24 'T~age Ese~hlishments and Technicians "ARIStaR I - F~ge Establishments "Section 9.24.010 - Definitions 9.24.020 - Permit Re~,~ed 9.24.030 - Sa~e - Ex~e~.io~s 9.24.040 - F~.~_~ge ~-~ebl~ - Application 9.24.050 - Same - Operating ~q~ 9.24.060 - Same - Facilities 9.24.070 - Same - Inspections 9.24.080 - Same - Permit Not Assigm~hle 9.24.090 - Same - ~%nge of Location or Name 9.24.100 - Same - Notification of Chan~e 9.24.110 - Sa~e - Renewal of Per~it 9.24.120 - Applicability of Regulations to Ew~-~tir~ "Section "ARIT~.~ III - Out "Section 9.24.200 - M~age Technicians - Permit Re~,~ed 9.24.210 - Same - A~plication 9.24.220 - Sa~e - Renewal 9.24.230 - Same - Notification by Technician Call M~sage Services 9.23.300 - Out Call M~s~age Services - Special Endorsement 9.23.310 - ._~me - Application 9.23.320 - Same - Records "Section 9.24.400 - Prohibited Conduct 9.24.410 - Suspensions Pending Revocation 9.24.420 - Revocation - Message Establishment Permit 9.24.430 - Same - Massage Technician Permit O£~ance No. 485 Page 2 9.24.440 - Permit Denial/Revocation Appeal Procedure 9.24;450 - Burde~ of ~-oof at M~ing 9.24.460 - Penalties for Violation of ~apter 9.24.470 - Civil Remedies Available 9.24.480 - Severability "Section 9.24.010 - Definitions 'T~%less the particular provision of the context otherwise re~H~es, the definitions and provisions contained in th~m Section shall govern the construction, ~eaning, and application of words and phrases used in this "(a) 'Director' shall me~_n the Administrative Services Director of the City of Rancho O,e~monga, or his or her designee. "(b) 'E~pl~yes' m~_ns any and all persons, other than a massage technician, who may render any service to the permittee, and who receives c~;~_n~ation f~u the permittee or his or her agent, ar~ who have no physical cc~cact with the custc~ers or clients. "(c) 'Hearing Officer' shall ~n the City M~ger of the City of Rancho Cucamonga, or b~-~ or her d-~ignee. "(d) 'M~-~-~ge' m~s a~y method of treating the external parts of the human body for remedial, health, Or hygienic purposes by means of pounding; Or st/mulating the external parts of the human body with the har~ ~r other parts of the human body, with Or without the aid of any m~c/~nical or electrical apparatus or appliances; or with or without supplementary aide, such as rubbing alcohol, liniments, antiseptics, oils, powders, crea~, lotions, ointments, or other similar preparations. "(e) 'Massage Establishment' m~ns any es~hli~hment having a fixed place of business where any person, firm, association, partnexmhip, c~zl~tion er~ in, ___~, Or carrias on, or ~.rn~its to ba -,m:3ag~d in, oonduct~ or carried on, any busine-- of givin~ massages, baths, adm/nistra- tion of fcm~ntatic~, electric or magnetic treatmeres, alcohol tube, Or any other type of s~ for treatment or manipulation of the human tz~ff with or vapor, shower, electric tub, sponge, mineral, fcm~_ntation, or ~ other type of bath. "(f) 'Manage Technician' s~%11 include a '~ge Te~mician', ,M~age ~', 'Masseur:, ,~,~', and m~s any pe~-so~ who to another person, for any fc~m of consideration, ,-~=~w3e~' as der' _1~, or baths, manipulation of the body, electric massage l~-ocedure, or similar ,,(g) ,Permitt~e' m~ns any person, firm, partnership or corporation having a permit issued "(h) 'Recognized S~hool of M~s~ge' means any s~hool or institution of learn/n~ whic~h t~c~es the theo~-y, ethics, practice, t~-ofession, or work of school offerir~ a corre~:!lde~__ course not requiring atter~ce shall not be Ordinance No. 485 Page3 ~ a 'recognized ;__~hool'. right to confirm that the _~w3~nized school of massage. The City of Rancho ~ shall have the a~licant has acidly attend~ class in a "(i) 'Out Call M~ge S~rvic~' ~ns any hmirmss wh~r~ th~ ~risary function of such busi~e~_~ is to engage in or carry on massage, not at a fixed location but at a location ~ignated by the custc~er c= client. "Section 9.24.020 - Permit Requ. ired "(a) It shall ~e unlawful for any person, firm, partnership or ocxporation to engage in, cc~zk~ or carry on, or to permit to be en~3aged in, oonducted or carried on, in or upon any pr-m~-~es with/n tb~ City of P~ancho Cucamooga, the operation of a massage es~hl~ent as herein described, without first havin~ obta/ned & permit issued by the city of Rancho ~_~on~a, pursuant to the-~-ovisic~s hereinafter set forth. Said permit shall immediately be surrendered to the Director upon suspension, revocation, or expiration of said permit. "(b) A permit issued pursuant to this Chap~-r shall be valid for twelve (12) months frc~ the date of ismrance unless revok~ or suspended. permit re~ed shall be in addition to any business license re~,~ed by City to any conditional use permit or other similar entitlement for use. "Section 9.24.030 - Same - ~m~0tions 'Tn~ ~ovisions of tb~m Chapter shall not apply to the following classes of individuals while ~m3aged in th~ ~rfo~mno~ of th~ dutiss of their respective professions: "(a) Physicians, surgeons, physical therapists who are duly licensed professicr~ in the State of California. California. "(b) NUrses registered under the laws of the State of "(c) Barbers and beauticians who are duly licensed under the laws of the State of Califorr~ia while e~gaging in practioe within the scope of their licenses, ex~ that this Ufovision shall apply solely to the ~ging of the neck, face, and/or scalp of the ~ or client. "(d) Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California. "(f) Trainers of amateur, semiprofessional or professional athletes or athletic teams. OrdinanceNo. 485 Page4 "Section 9.24.040 - Massage Establishment Application "(a) Any person, corporation, or partnership desiring to obtain a permit to oilrate a m~age establishment shall make application under penalty of perjury to the Director. Prior to submitting suoh application, a no~re- fur~hle fee in an amount es~mhlished by City O~cil resolution shall ~e paid to the City to defray, in part, the cost of the investigation an~ report required by this Chapter. A copy of the receipt showin~ pay~9_~ of the require~ f~ shall au~L~any the application. "(b) The application an~ fee required ur~er this Section shall be in addition to any lioe~se, permit or fee required under any other ~-w of "(¢) The application for permit does not authorize conductirg a massage es~h] L~lment until such permit b~= been granted. "(d) ~ applicant for a m~e establishment permit shall 9,~it the following information: "3. ~ne applicant's full, true name, any other names used, date of birth, California Drivers License number or California identification number, Social Security mm~er, present residence address an~ telephone number. ~e sex, height, weight, color of hair, and color of eyes. "4. Previous two (2) residences of the applicant ar~ the inclusive dates at es~h address. "5. The a~01icant's business, occupation, and ~,~1oyment history for five (5) years _precor_ irg the date of application, ar~ the inclusive dates of same. "6. The permit b~t___~ry of tb~ applicant, incb~ing whether suc~ person b~ ever h~ any permit or license issued by any agency, ~oard, City, County, Territory, or State, the date of issuance of ~_~,ch a permit or lioer~e, whether the permit or lioer~e was revoked or suspen~sd, or if a vocational or ~ufessior~] license or permit was is~, revoked, or suspencle~, and the r~-~n (s) therefor. "7. All convictiors for any crime involving oonduct which re~,{~es registrarira ~ any stats law similar to ar~ inclt~lin~ California ~m'~l ~ Section 290, 0~.- O~ oond~ v~nic~. i~ a violation of the ~u~isic~s of a~y state law similar to and including California Pex~l Code Sectio~ 314, 315, 316, 318, 647, or a~y crime ir~olvi~g dishonesty, fraud, deceit, or mo~-al "8. A __~/~p_ lete definition of all services to be pi-ovi~d_. Ordinance No. 485 Page 5 ,19. "10. ~ne name and address of any massage business or other like establishment owned or operated by any person whose name is re~,i~ed to be given pur~,~nt to this Section wherein the business or profession of massage is carried on. "11. _~hle writtan proof that the applicant is at least of "12. If the auplicant is a COZlOCxation, the name of the ccxporation shall be set forth exactly as shown in its Articles of Inco~ra- tion or Charter together with the State and date of incorpcxation and the names and residence addresses of each of its current offioers and directors, and of each stockholder holding more than five percent (5%) of the stock of that coxpoTation. "13. If the applicant is a partnership, the application shall set forth the name and residehoe addresses of each of the partners, including ] ~m~.~ partners. If the applicant is a limit-d partnership, it shall furnish a copy of its certificate of limited partr~w~h~ as filed with the (X~ Clerk. If O~e or ~ of the partners is a oox10oratic~, the urovisi~ of sub.-~--tion 9.24.040(d)12 pertaining to ccEporate applicants shall apply. "14. The applicant, if a oo~poration, or partnership, shall designate one (1) of its officers or general partners to act as its responsible m~__naging e~plo}~. Such person shall ~lete and sign all application forms required of an individual applicant ur~er tb~ Chapter, b~wever, only one (1) application fee shall be ~ged. The corp~ration's or partnership's responsible managing emplo}~ m~t, at all times, =t all of the re~.,~e~m/uts es~_~blis~ for permittees by this ~hapter or the corporation or partnership permit shall be su~ until a responsible managing en~ployse within ninety (90) days, the corporation or partnership permit shall be deem~ canoeled with&are furtbmr notice and a n~w initial application for permit be filed. "15. p~ints when ~ for the purpose of es~ahlishir~ identification. required firgerprinting fee will be the respc~ibility of the applicant. The Director may require the applicant to furnish finger- Any "16. TWo (2) portrait ("passport") photographs of applicant, two (2) inches by two (2) inches in size. "18. The name and address of the owner and lessor of the real pr~ upon or in which the business is to be conducted. In the event the applic~_nt is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be locat_~d__ on his/her "17. A description of any other b~siness to be cperat_~d on the same premises, or on adjoining premises, owned or controlled by the applicant. Ordinance No. 485 Page 6 "19. Authorization for the City of Ran~1o Cu~m~nga, its agents and employees to seek informatic~ and conduct an investigation into the truth of the statements set forth in the application. "20. The ap91icant shall su~it any change of address or fact which may occur during the procedure of a~olying for a massage establishment "21. The applicant, if an ir~vidual, or designated responsible managing employee if a partnership or corporation, shall personally appear at tb~ Administrative Services De~az'Lme~c and produce ~>f that the ap[01ication f~. b~-~ been paid and shall present the application cc~ta'm~ng the required "22. A certificate of cce~liance from both the City of P~ncho O_~-~ga O~unity Develo~ Dep~t, Building and Safety Division, and bility of the applicant. "If the oertificates of cu.~liance are not received by the' Direct_~r within ninety (90) days of the date of filing, the application shall be deemed void. If any land use ~=~it or other entitle~m~t for use is required, such permit or entitlement for use shall be ap[01ied for and received "23. ~ne Director shall have up to sixty (60) calendar days to investigate the application and the background of the applicant. Upon the ~,~letion of the investigation, the Director shall ~ant the permit if he or she fir~: "(a) The re~,(~ed fee ha-~ bee~ paid. "(b) ~e aI~lication conforms in all respects to the provisions of this ~pter. "(c) ~he applicant h~ not made a material m~m~=esenta- tion in the application. "(d) ~he ap91icant, if an individual, or any of the stock- holders of the corporation, or any officers or 8~ectors, if the applicant is a corporation, or any partner if the applicant is a part~, has not been oonvictsd in a om=t of cc~0etent jurisdiction of an offense involving conduct which re~{~ registration ~ CalifoXT~ia Per,a10ode Section 290, or of conduct which is a violation of the provisions of Calif~,da Pe~l Code Sections 314, 315, 316, 318, 647, or any other crime in~olvin~ 8~m~-ty, fraud, deceit, or moral turpitude. "(e) ~he applicant h~_~ not had a m~ge estah~lisbment, ~-~ge technician, or other s~m~l-~ permit or lioense denied, z-evoked, or sus~__-d_ by the City, or any other State or local agency prior to the date of amxoval. "(f) ~he applicant is at least eighteen (18) years of age. Ok 'u/nance No. 485 Page 7 "(g) The massage establishment as pxDposed by the applicant wou/d comply .with all applicable laws, including, k~t not limited to, h~alth, zoning, fire, and safety requirements and seandards. "24. If the Director, followin~ investigatio~ of the appli~nt, determ/nes that the applicant does not fulfill the re~,~ments as set forth in tb~ ~pe,~, the Director sb~11 deny said application by dated written notice to the applicant. ~he applicant shall have the right of appeal as set fox~h i~ Section 9.24.440. "Secti0~ 9.24.050 - Same - O~erating Re~,~ements and all of the followin~ requirements are met: "(a) Ead~ person =m~loyed or acting as a m~ge t ~%ician shall have a valid permit issued by the Director. It shall be u~lawful for any owner, ma~ag~er, operator, responsible managing employee, or permitt~e in charge of or in control of a ~ge establishment to employee or permit a person to act as a m~w3e. tedmnician who is not in possession of a ~alid,. is worn clearly visible during working hours. "(b) The possession of a valid M~ Es~ablt~hment Permit does not authorize the pos.~-sor to perform work for which a M~_~ge Tec~_hnician Permit is required. "(c) F~_~c3e and. beth operations shall be carried on or cx:~duce,:."q, and the prem/ses shall be open, o~ly bet%__----n the hours of 7:00 o'clock a.m. and 10:00 o'clock p.m. "(d) A list of services available and the cost of such services shall be pos~ in an open public place within the premises, and shall be described in readily understandable language. No owner, ~nager, o~erator, technician shall offer Or perform, any service other than those po~ued. "(e) The ~=~ge Es~hlt~nt Permit and a copy of the permit of each and every massage technician ~1oyed in the establishment shall be displayed in an open ar~ conspicuous plaoe on the premises. "(f) Every m~cje ese~hlishment shall keep a written record of the date and hour of each treatment, the name and ~vess of each custc~er Or client, the name of the massage t~chnician aclm/nisterin~ the treatment, and tb~ type of treatment a 'dmlnistered. Such written record shall be maintained in form approved by the Director. Such records shall be open to inspection only by officials charged with enforcement of t.h~ Chapter and shall be used for no or/let purpose, including use of the file by owners and ~1oyees of the eseahlishment. Any unauthorized disclosure Or use of such information by any officer or e~ployee of the City or the County of San Bernardino, or the owner Or en~loyee of the m~-~age establishment shall oo~-titute a mi.~4~m~nor and such persons shall be subject to the penalty of the ~u~isions of this Chap~-~ Or~nanceNo. 485 Pages in addition to any other penalties provided by law. Such recc~ shall be maintained on the premises of the m~age es~mblishment for a period of two (2) year~. "(g) M~sage establishments shall at all times be equipped with an ade~at. su~ly of ¢l~n, sanitary to~ls, co, rings, and linens. Clan lh~ens sk~]l not be used on more tha~ one (1) ~ or client, unless such towel or li~en b~-~ first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) ~ or client. "(h) If role and female custxm~rs or clients are to be treated simultaneously at tbm same massage establishment, a separate m~-~age roc~ or rocks, separate dressin~ facilities and separate toilet facilities shall be provided f~r male and female ~ ~r clients. Oounty Health Department. Bathtube shall be they cleaned with a d~infec~ant approved by the Health Department after each use. All walls, ceilings, floors, and other physical facilities of the ese~hlishment must be in good repair and ma~ in a clan a~d sanitary condition. "(j) Instruments utilized in ~rfo~nin~ massag~ shall not b~ use~ on ~ tha~ ~e (1) custxmm~ or client unless su~ instruments have ~ "(k) All employees, including m~-~ge technicie_~, shall be clean, and w~r clean, non-~ent outer garments. Said garments shall not shall maintain the massage technician pezmit visibly o~ their person durir~ "(1) No person shall enter, be or re~n in any part of a massage establt~m~nt while in the possessic~ of, consuming, under the influence of o= usin~ any alcoholic ~everage o= drugs ex~ pursuant ~o a preecriptio~ f~r "(m) No massage establ~ shall operate as a s~hool of m~ge, or use the s~e facilities as that of a s~hool of massage. "(n) No massage establishment grar~ a permit under this Article shall place, publish or distrJ/afce or cause to ~e placed, publ~ ~r distribute_ any advertising matter that d.~icts any portion of the human kudy that would reasonably suggest to pro~M~cive ~~ or clients that any 9.24.050(d) of this Article, n~r shall any m~ge ee~l~ c~ m~_ ~ge service employ ~ in the t~ of suc~ advert/sir~ that w~uld r~aso~hly suggest to a prospective pa~%a~ that any service is a~ailable other tha~ ~ service~ as described i~ Sectio~ ~24.050(d) of this Article. O~d/nance No. 485 Page 9 "(o) No servioe enumera~ in Sectio~ 9.24.050(d) of th/s Article may be carried on within any cubicle, ~ booth ~r any area within a establ~ment, which is fitt~ with a do~r ~hle of bein~ loc~. "(p) All ~(~arior doors shall re~ain %~tlock~ frc~ the intarior sid~ "(q) A m~age shall not be given and no customer or client shall be in the presence of a ramssage technician ~r other employee unless the ~'s ~r client's genitals are fully covered by a non-transparent covering and, in addition, a f~male custzm~r's or client's breasts are fully covered by a non-~t covering'. "(r) No m~-~ge eseahlishment shall be open for business without at l~t one (1) manage technician on the premises at all e~ who is in possession of a current, unrevoked permit. "Section 9.24.060 - Same - Facilities "Every m~ge es~hl~ shall maintain facilities meeting all of the following requirements: "(a) Any signs shall be in oonformance with th~ current ord~nano~ of the City of Rancho ~. "(b) Miniram lighting shall be ~uvided in aocordanoe with Article 220 of the National Electric Co~e ~r successor ~.mvvision c= provisions, and, massage sexyices are performgd~ ~ on customers or clients to p~vide a m'inimum of seventy foot (75') candle light intensity at three feet (3') above the floor and the same shall be energized and operational at all times when massage "(c) Minimum ventilation shall be provid~ in acoozdanc-_~ with Section 1105 of the Uniform Buildl rz30ode or su~r provision or ~-ovisions. "(d) Adequate equi~nt for disinfecting and sterilizing instnmants used in perform/ng the acts of massage shall be provided. "(e) Fxfc and cold running water shall be p~-ovided at all time. "(f) Closed cabinets shall be provided for storage of clean linens. "(g) ;~equate bathing, dressing, locker and toilet facilities shall be provided for custc~ers or clients. A minimum of o~e (1) tub or shower and a dressing room containing separate lockers which are capable of being lock~ m,-=t be provided for eac~ customer or client. Separate toilets and basins ~,,~t be pxDvided for male and female customers or clients. "(h) A minimum of one (1) separate wm_~h basin for employees shall be provi~ at all ti~m. ~ basin shall be located withi~ or as clo~e as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin. Or~nanceNo. 485 Page l0 "(i) Pads used on m~-~age Cables shall be covered with a durable, washable plastic or other waterproof material acc~hle to the San "(j) Proof of compliance with all applicable provisions of the Rancho Cucamonga Municipal Code and all applicable laws, cx~inances and regulations shall be provided prior to the issuance of any permits. "Sectio~ 9.24.070 - Sa~e - I~ioDs "Section 9.24.080 - Permit Non-assignable "No ~ge establishment permit may be sold, transferred or assigned by the permitt. e, or ~ ~~ of hw, ~ ~ ~~~~, ~ ~ ~ ~le, ~f~ ~ ~i~, ~ at~ ~e, ~f~ ~ ~i~' ~, ~, ~t ~ ~ ~~ ~ a ~ ~ ~ (1) ~ ~ of ~ ~ ~ ~e, ~ (1) or ~e of ~ ~iv~ ~ my ~ wi~ eff~ a ~ ~ ~~ of ~ ~{t ~ ~ ~(s). ~ (1) ~ ~% ~ ~ ~ a ~~ ~ a ~t ~ ~y ~ ~li~ ~ ~ D~, ~ ~ ~ f~ f~ ~ ~, ~ ~1 ~f, ~ ~f~ of ~ ~ of ~ (~) ~~~~~~~~y~. ~f ~ ~t ~ '~ ~ a ~~, ~ ~y ~ ~ld, ~f~, ~, ~t ~11 ~ d~ ~~ ~ ~id; ~i~, ~-, ~ ~ ~f~ my ~,~t N ~ D~, ~e~ wi~ a f~ ~bl~ ~ ~ ~1 ~f, ~e ~f~ ~y ~ ~. "Section 9.24.090 - Charge of Location or Name "(a) A c~ of location of a manage ese~hlishment may be approved by the Direct~ provid_~ all ~nances and re~ulatic~ of the City of ~ancho "(b) No permittee sb~ll c~rate ur~-r any name or cor~h~t any ~s~l~ un~r any designation ~ot specified in the permit. "(c) Any application for an expansion of a building or other place of ~usiness of a massage eseahl{-~ent shall re~,~e c~'~liance with Section 9.24.060 of tb~ Article. Ord/nance No. 485 Page 11 "Section 9.24.100 - M~e Es~_blishmer~ Notificatio~ of Chan~e "(a) The holder of the permit to o~rate or cor~uct a massage e~tablishment shall notify the Director, in writing, of the name and address of each person employed, includin~ m~-~ge technicians, at such eseahlisbm~nt within five (5) days of said ~ beir~ employed. "(b) If, during the term of a permit, the applicant b~ any change in information provided on ~r concerning the original application or permit renewal application, notification ~ be made to the Director in writir~, within ~--n (10) businmss days of the change. "Section 9.24.110 - Same -Renewal of Permit "A m~ge ese~hl~ licensed under this Chapter shall suh~it an application for renewal th~y (30) days prior to the expiration thereof. The renem~l application shall be su~aitted together with the requisite f~ as es~hlis~ by the City Oouncil. Approval of the renewal application shall be contingent upon satisfactory __~/~o_ liance with all pertinent provisions of this "Section 9.24.120 - Applicability of Regulations to Existin~ '"ihe provisions of th~ Article shall be applicable to all persons and ~usi~ described herein whether the described activities were establimbe~ k~fore or after the effective date of this Article, e~ that m~=~e ese~hl~-~l~e~cs legally in business prior to the effective date hereof shall have ~ Hur~red Eighty (180) caler~ar days or until the ex[~iration of hereof. AR~CLE II - MASSAGE "Section 9.24.200 - M~_~ Technicians - Permit Reouired "(a) It shall be unlawful for any person to engage in the business of acting or to act as a massage technician unless such person holds a ~alid m~-~ge technician permit issued by the City. Each massage technician permit holder shall be issued a photo identification badge which will also serve as a massage technician permit. The permit b~lder shall maintain the massage technician permit visibly on his or her person during busir~ ~ hours. Each permit holder shall immediately surrender to the Director any massage technician permit issued by the City upon the suspension, revocation, or expiration of such permit. "(b) A permit under this Section shall be valid for twelve (12) months frc~ the date of is~,~nce unless revoked or suspended. Ordinance No. 485 Page 12 "Section 9.24.210 - Same - Am~lication "(a) Each applicant for a massage technician permit shall mak~ application under penalty of perjury to the Director. Prior to ~,~ittir~ an application, a nonrefum~hle fee as est_ahl~ by the City Council s~mll be paid to help defray the costs of investigation and report re~.~i~ed by this Article. A copy of the receipt shall acco~many the application. "(b) Permit fees required under this Section shall be in addition to any license, permit or fee required under any other Section or Chapter of this O~e. "(c) ~he application for permit does not authorize the appli~nt to "(d) Each applicant for a massage technician permit shall suk~it the fo11~in~ information: "1. Each and every fact or ir~i~y set forth in Sections 9.24.040(d)3 through 9.24.040(d)7, inclusive, of Article I of tbi~ Oreapter. "2. Acceptable written ~-oof that the applicant is at least eighteen (18) y-~s of age. "(e) The appli~nt must furmi~.h a diploma or certificate of graduation f~, a m/nimum 100-hour couz~e of instruction fzum either: "1. A recogDized school of massage as defi~ed in Section 9.24.010(h) of Article I of this Omauter; or "2. An existing s~hool or institution of lear~ outside the State of California, together with a certified transcript of the appli~nt's school records showing date of er~ollment, hours of instruction and graduation f~-~ a course having at least the min/a~m ~ prescribed by Title 5, Division 21, of the Calif~,ia Code of ~%~latic~s, wherein the theory, method, profession and work of ~-~a~3e is taught, and a o0~y of the school's appxxmval by its State Board of ~.~cation. "(f) The m~ge establi~hment's full name, addr-~=~s and teleghone number where the m~.-e technician will _be employed at a fi~sd place of services not listed in the original application, a separate application and "(g) 9~h other identification a~ information as the Directc= may r~,i,-e in order to ,~i~-,,,er the truth of the matters herein specified as "(h) TWo =trait a lic t, two (2) inches by two (2) inches in size. "(i) ~e Director may re~,i~e tb~ applicant to furnish fin=3erprinte when needed for the purpose of establish/rig identification. Any requ/red fingerprintin~ fees will be the re~l~sibility of the applicant. Ord'iq,:qr~_~ No. 485 ~'age 13 "(j) A certificate from a medical doctor licensed to ~=-~ctica in the State of California statir~ that the applicant b~m, within thirty (30) days immediately preceding the date of application, been examined and found to be free of any oc~tagicus ~r c~ni~hle ~e. the statements set forth in the asciication. "(1) ~he Director s~ll have up to sixty (60) calem~ days to investigate the a~lication and the beckgxuund of the a~licant. U~on o~letion of the in~T/gation, shall ~nt the permit if he ~r she finds in a.<.~._..~nce with Section 9.24.040(d)23(a) th~-c~]h (f), inclusive; and "1. The applicant has furnis~ an a~hle diploma or certificate of ~duation fz~,, a recognized school; or "2. The applicant has furnished written -~-oof from a recognized school that the minimum r~h-w of hours of instruction have been ~let~. "(m) If the Directx~, followin~ investigation of the ap91ication,- determ/nes that the applicant does not fulfill the re~.,{~e~ts as set forth notice. Any a~olicant for a permit who is refused a permit by the Director may appeal the denial as set forth in Section 9.24.440. "Section 9.24.220 - Sa~e - 1%er~a~ral "A ~ge technician licensed un~ er tb~ (hapter shall file an application to renew the permit thirty (30) days ~ior to the date of expira- tion thereof. Apexoval shall be co~/ngent u~on satisfactu~f _~.lianoe with all pert/mint ~=ti~ of this Article, h=lu~h~ a current medical cl~. A renewal fee as established by the City (X~ncil shall be dmaz~3ed to defray, in part, the co~t of the renewal investigation required by this Article. "Section 9.24.230 - Same - Notification by Technician "If, during the ~'erm of a permit, the massage technician ba~ any dmange in information ~,~tted during the original application, or renewal thereof as the case may be, the m~ge technician shall notify the Direct~_ of such charge within ten (10) ~usiness days th, reof, in writing. "Section 9.24.300 - Ou~ Call M~e Services - Special ~,~ed "It shall be unlawful for any technician to provide, or to offer to provide, m~-~ge at any location _e~ at t_he place of business appxDved for a massage e~hl~erfc hereur~le~; p~vided, howmyer, that a ~e ese~hlishment or massage ted~nician may obtain a special endorsement to the permit is~,-d thereto s~ecifically au~__~r_izing out call massage servioes. OrdinanceNo. 485 P ge 14 "Section 9.24.310 - Same - Anolication "Any - age or t nician desiring to provide out call massage services shall ~,~it to the Director, together with the reqL~isite nc~relq/r~hle fee therefor as established by the City Council, an applicatic~ to provide out call massage services within the City of Rancho Cucamonga. In addition to the re~ set forth herein p~rfu~ massage establishment permit or ~-~-~ge technician permit application, as the case may be, the applicant shall ~it detailed info~.~tion setting forth the manner am~ m~ns of transporting, to and f~m the premises where out call tary aids, e~ui~m~_nt or devices to be utilized and the method(s) of thereof. "Section 9.24.320 - Same - Recu~ds "All m-mm~ge technicians authorized to perform out call ~m~age services he~--~m~er shall keep a writte~ record, at the m~-~ge techni¢ian's principal place of ~usir--~s, a separate record of out call massage services perform~d~__ as rmquired by, and su~ect to tb~ restricti~ of, Section' 9.24.050(f) of Article I hez~of ar~ shall include therein the location, by "Section 9.24.400 - Prob~hitedCu~duct "(a) It shall be unlawful for any massage technician to massage the genital area of any customer or clie~c or the breasts of any female _~,-~r or ¢lierfc or for any massage ese~hlishment to allc~ or permit suc~ massage. "(b) M~ge technicians shall be fully clothed in clothing at all ~ that shall not expose their genitals, pubic area, "(c) It shall be unlawful for a massage technician to perform any massage services at any location other t/man that location specified on the massac3e t~hnician p~mit. "section 9.24.410 - SusPension Pendir~Revocation '"a~en the grounds for revocation ur~er this Article ar~ that the co~luct, the permit may be suspended until the revocation hearir~ pxDcedure "Sectio~ 9.24.420 - Revoo~tion - Mm~e Es~hlish~ex~ Pex~it '~he Director shall ~-evok~ the m~3e es~mhl {-hment pm~lt of any pers~, fizm, parU~rsh~p or o~tion holding the ~ u~ reoeipt of satisfactory evidence that the permittee b~_~ made a material mim~,_~s~fcation the permit application, or if the permittee, any managing responsible Or~nanoeNo. 485 ~1oyee thereof or any of the persons emmarated in Sect/~ 9.24.040(d)12 or 9.24.040(d)13 of Articl~ I of tb~ (~cer has been o0~victed of or ~ a plea of guilty or nolo contendere to any c~mrge of a violation of any of the ~isic~s of this Cb~pe~, or of the enumerated statute~ set forth in 9.24.040(d)? of Article I of tb~ (~pter or ar~ lesser incl~ed offex~se. ~e Direct_~r m~y revoke, after notice ar~ hearing, a massage ese~lishment permit if, on the b~sis of eatisfact_n~y_ ev~ce, it is shown that the petra/tree, a~y managin~ responsible employee, or any employee, representative, or agent of in cor~uct constituting a violation of this C~m~mr or of any of the e~m~,-4t_-d_ ~tatue~ set forth in Section 9.24.040(d)? of Article I of tb~ "Sectic~ 9.24.430 - Sa~e - Massage Tec~cia~ Pex~it '~he Director shall revoke the massage technician permit of any persc~ hol~/ the same upon receiving satisfactu~f ~ that the permittree b~ made a material m~-?~ation on the pezmit application or if the ~ttee b~ bea~ convicted of or entered a plea of guilty or nolo conte~k=m to any dma~3e of & violation of any of the ~wisi~ of this (~ap~, or ar~ of the e~a~zat~ statutes set forth in Section 9.24.040(d)7 of Article I of this O~apt~ or to a lesser included offe~e. The Director permi~ if, on the basis of satisfactory evidence it shows that the permitt~ has enc3aged in conduct ~tuting a violation of th/s Chapt-w or any of the en~rated statutes set forth in Section 9.24.040(d)7 of Article I of this (hapter. The Director shall provide the permit~ with writte~ ~tice of the revocation by certified ma~l a~ to the permittee at the address of rec,d shown on the massage technician permit ap~licetion. "Section 9.24.440 -PermitDenial/'RevocationAupealProcedure "If the applicant or permittee fails to make an appeal within the e~n (10) day filin~ period -~vid~ herein, denial/revocation shall e~ke effect immediately upon expiration of such filing period. No permit shall be revoked until after a P-caring shall have ~een held befoi-e the Hearing Officer to det__~ne good cause for ~Leh revocation, or the appeal filing period b~_~ lapsed. It is unlawful for any person to co~duct a ~ ese~hl ~C~b-~nt or carry on the busim~ of ~3e until the revoked permit ~ ~n reinstat-d by the F~aring Officer. '5~otice of such b~.aring shall be given in writing and mailed at l~t ten (10) days prior to the date of the hearing, by certified mail, addressed to the a~ess listed on the m~ge establishment application, or m~ge technician application, as the case may be. 0rd/nanceNo. 485 Page 16 '"Ihe notjoe shall state the grounds of the complaint and shall state the time and place where suc~ hearing will he held. "After said hearing, the Hearing Offioer shall render a written decision within ten (10) business days frc~ the date the matter is for d~cision. The action of the Hearing Officer shall he final and conclusive. "Sectio~ 9.24.450 - Bttrde~ of ~-oof at }{e~ri~g ruination of the Director which is being appealed is unreas~hle, erroneous, or clearly abusive of d/scretion. "Sectio~ 9.24.460 - Penalties for Violation of (~apter "It shall he unlawful for any person, firm, partnexship, or c~lmx'aticn to violate any ~uvision or to fail to comply with any of the r~utre~ntm shall he d _~ guilty of a m~~ and upon thereof shall be pun/shed by a fine not e~eedin~ One Tnousard Dollars ($1,~0.o0), or by im~~ ~t -__~n~_ ~.~ six (6) =mUm, or by both tion shall he ~_---~ guilty of a separate offer-~e for each and evexy day or any portic~ thereof durin~ which any violario{1 of any of the ~u~isicns of pa~t,,,~.'mhip or corporation, and shall he deemed punishable therefor as "Section 9.24.470 - Civil RemediesAveilable '~he violation of any of tb~ -~-ovisions of this (~_-r shall constitute a nuisance an~ may he _*__~_t~ by the City throug~ civil ~ss by ~ns of restrainin~ order, lzrel'nfumry or permanent injuncti~ or in any other mmrs~r provided by law for the abatement of such r~,{~ "Sectis 9.24.480 - Seve~-ability '~ city Council declares that, should any -~ovision, section, paragraph, ~ or ~d of this Ompter he rend~-~ or declared invalid by any final court acti~ in a court of cc~ jurisdiction, or by r~-e~n of ~y ~ptive l~islative, the ~--~ini~ ~isi~, ~=ti~, paradigm, serfcences and wux~s of tb~ (2~ptew ~b~11 remain in full f~xoe an~ effect." S~C~I~ 2: ~he May~= m~]3 sign this OrS~{nanoe an~ the City Clerk shall cause the ~ to be publish~__ within fifteen (15) days after its at least c~ce in.the Inland Valley Daily Billet, n, a .~ of circulation publishe~__ in the City of Or~io, Calif~,-~ia, and cixxmalated in the City of Rancho ~, California. ~dinar~e No. 485 Page 17 PASSED, ~, a~d ADOPlOD this 4th day of March, 1992. AYES: Alexander, Bu~uet, Stout, Williams, Wright NOES: None ABS~: None J. Ad~, City Clerk I, D~A J. ADAMS, CITY ~.FRK of the city of Rancho ~c~a, California, do b~eby certify that the fc=~qoin~ ~dinance was introduced at a regular meeting of the Council of the City of Rancho O~ga held on the 19th day of F~:~.~y, 1992, and was finally passed at a re,ilar _~ ting of the City Council of the City of Rancho Cucam0~3a held on the 4th day of Mar~h, 1992. Ex~cut~d tb~ 5th day of March, calif~,-d a. 1992, at Rar~ho O/camc~a, J. , City Clerk ORDinaNCE NO. 486 AN ~INANCE OF THE CITY COUNCIL OF ~ CITY OF RANCHO (I~2AM~, C~T.rm~T/A, APPROVING DEVEIDPM~ COOE M~4T 91-O5, AM~ING TITLE 17, ~ 17.02.140 OF ~ ~ MUNICIPAL COOE TO REVISE THE ~he City Council of the City of RancDm O,~3~ does b~eby ordain as follows: SECTION 1: Section 17.02.140 is revised to r~d as follows: MASSAGE ESTABL!ET4~T: Any establishment hav~ a fi~ plaoe of ~usinmss where any person, firm, association, partnership, or coxporation engages in, conducts, or carries on, or pexmits to ~e engaged in, conduct~-d, or carried on, any ~usiness of giving m~.~_~g~, ~ths, administration of fomentation, electric or magmetic treatments, alcohol ~,h~, or any other type of sys~ for treatmen~ or manipulation of the human body with or without any character of electric tub, s--~z3e, mineral, fomentation, or any other type of b. Nurses registered under the laws of the State of California. c. Barbers and beauticians who are duly licensed under the laws of the State of California while en~ag/n~ in practice within the scope of their licenses, _except that th/s ~v~ision shall apply solely to the massaging of the D~c~k, face, and/or scalp of the ~ or client. d. Hospitals, nursin~ h~s, sanatoriums, or other health care facilities duly lioensed by the State of California. e. Accredited high schools, junior colleges, and colleges or universities whos~ coaches and trainers are acting within the scope of their employment. f. Trainers of amateur, semiprofessional, or professional athletes or athletic t~s. a project by the California ~vironmental Quality A=t exe~ (=~-~ Article 5, c~m,encing with Section 15061). This Council finds that this amendment is not considered and is, therefore, Ozd/nance No. 486 ' Page2 S~IIION 3: Tne City Council declares that, should any provision, section, paragraph, sentence, or word of this Or~nanca be re~ge__r~ or declared invalid by any final court action in a court of c~ Jurisdic- tion, or by reason of any pr~ive leqislation, the rema/ni~ ~v~isions, sections, peragrapbs, sentenoes, and w~ds of tb~- Ordinanoe shall re~/n in full fcx~e and effect. S~'TION 4: The Mayo~ shall sign this O£d/nanoe and the City Clerk shall oertify to the adoption of tb~ O. dinance and shall cause the ~ to be published within 15 days after its adoption at least o~ce in the In!ar~l Valley Daily Bullee~n, a newspaper of general circulation published in the City of Ontario, and cixuulated in the City of Pancho Cucamonga. PASSED, ~, a~d ADOPi'~u this 4th day of M~ch, 1992. NOES: None ABSm~: None .~ J. ~, City Clerk I, DFRRA J. AD~/~S, ~'l~ ~.~K of the City of Rancho Cucamonga, California, do h~-eby certify that the foregoin~ Ordinance was /ntroduced at a regular m~ting of the Council of the City of Banjo Cuc~mo~ held on the 19th day of F~y, 1992, a~ was fitfully pressed at a re~Lar meeting of the City Co~r~.il of the City of Rar~1o ~w-~,~w~ ~ held on the 4th d~y of March, 1992. ~E~_~ t~ 5th day of ~h, California o 1992, at Rancho O/ca~o~]a, RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 92-33 ALLOWING A MASSAGE ESTABLISHMENT WITHIN A 1,610 SQUARE FOOT LEASED SPACE IN AN EXISTING COMMERCIAL CENTER ON 9 ACRES OF LAND IN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 7890 HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-29 A. Recitals. (i) Claudins Eubank has filed an application for the issuance of Conditional Use Permit No. 92-33 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (ii) On the 10th day of February 1993, 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. (iii) 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. Eased upon substantial evidence presented to this Commission during the above-referenced public hearing on February 10, 1993, 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 7890 Haven Avenue, ~14, within the existing Deer Creek Village Shopping Center; and (b) The property to the north of the subject site is the Deer Creek Channel and Flood Control Basin, the property to the south is the Virginia Dare Shopping Center, the property to the east is the Terra Vista Town Center and vacant office property, and the property to the west is the Deer Creek Channel and graded industrial land; and (c) The application applies to massage services which will operate from 9 a.m. to 9 p.m., Monday through Saturday. (d) Rancho Cucamonga Municipal Code Section 9.24.040 requires that this application be applied for and approved prior to the Massage Establishment Permit becoming effective. PLANNING COMMISSION RESOLUTION NO. CUP 92-33 - CLAUDINE EUBANK February 10, 1993 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 i and 2 above, this Commission hereby finds and concludes as follows~ (a) That 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) 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 proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannin~ Division 1) Approval of the required permits for the massage establishment and the massage technicians must be granted by the Administrative Services Director prior to the operation of the Massage Establishment, in accordance with the provisions of Ordinance No. 485. 2) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances. If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for reconsideration and possible termination of the use. 4) Any sign proposed for the facility shall be designed in conformance with the comprehensive Sign Ordinance and the Uniform Sign Program for the complex and shall require review and approval by the Planning Division prior to installation. PLANNING COMMISSION RESOLUTEON NO. CUP 92-33 - CLAUDINE EUBANK 'February 10, 1993 Page 3 The facility shall be operated in conformance with the requirements as defined in Rancho Cucamonga Municipal Code Chapter 9.24, regulating massage establishments and shall comply with all provisions of the Massage Establishment Permit. Hours of operation shall be from 9 a.m. to 9p.m. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS lOTH DAY OF FEBRUARY 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Larry T. McNiel, Chairman Brad Bullet, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of February 1993, by the following vote-to-wit: AYES:, COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 10, 1993 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Steven Ross, Assistant Planner SUBJECT: STREET NAME CHANGE 92-02 - CITY OF RANCHO CUCAMONGA - A request to change the street name "Vincent Avenue" to "White Oak Avenue" between Arrow Highway and the A.T. & S.F. Railroad tracks north of 8th Street. BACKGROUND: On January 27, 1993, the Planning Co-,,%ssion declared its intent to initiate the process to change the name of "Vincent Avenue" to "White oak Avenue" for the portion of Vincent Avenue north of the A.T. & S.F. Railroad to its connection with White Oak Avenue. This action was taken due to the impending connection of Vincent Avenue with the extension of White Oak Avenue currently under construction. DISCUSSION AND ANALYSIS: In an effort to reduce the confusion resulting from one street having different names on either side of Jersey Boulevard, it is staff's intention to have one name for the entire length of the continuous street. This is consistent with the City's Street Naming Ordinance and facilitates emergency response (i.e., fire, police, ambulance). The name White Oak Avenue is suggested for the entire length of street from the A.T. & S.F. Railroad tracks to the intersection with Spruce Avenue south of Foothill Boulevard for two reasons. First, another portion of Vincent Avenue exists north of 4th Street. This section of street runs 400 feet north of 4th Street before making a left turn into Thomas Street and then connects with Cleveland Avenue. The two streets were built in 1980 but have remained vacant. The Industrial Area Specific Plan's Circulation and Access plan does not show Vincent Avenue across the A.T. & S.F. Railroad, most likely because it is designated a local street. Because this section will not connect with the portion under consideration, it should therefore keep the name. White Oak Avenue serves the Industrial Park District between Foothill Boulevard and Arrow Route. Although a majority of the lots along White Oak Avenue are vacant, about one-third of the businesses within the business park at the northeast corner of Arrow have a White Oak address. Additionally, the White Oak Dame is consistent with the theme of street names in the Rancho Cucamonga Business Park, and a concrete street name monLunent exists with the White Oak name on it. ITEM D PLANNING COMMISSION STAFF REPORT STREET NAME CHANGE 92-02 February 10, 1993 Page 2 The majority of the opposition to any street name change proposal is a result of the inconvenience and expense involved in changing business forms and stationary and notifying the necessary utility companies and business contacts. Staff has already received one such call regarding Vincent Avenue and the Commission voiced its concern about this issue at its meeting on January 27, 1993. In an effort to lessen the impact of the street name change on the affected businesses and property owners, and to east their transition to the new street name, the name change will become official six months from the date of approval. During that time, the City will notify the necessary government agencies and utility companies of the change. The affected City departments have been consulted about the proposed change and indicated their support of the reco~endation. The costs to change the street name signs are negligible and will not impact the City's budget. The change is in conformance with all provisions of the City's Street Naming Provisions, Rancho Cuca~onga Municipal Code Chapter CORRESPONDENCE: This item has been advertised in the Inland Valley Daily Bulletin newspaper, notices were posted at four locations along the affected length of Vincent Avenue, and written notices were sent to property owners and businesses who faced onto or abutted the affected portions of Vincent Avenue. RECOMMENDATION: It is recommended that the Planning Commission approve Street Name Change 92-02 through adoption of the attached Resolution of Approval. City Planner BB:SR/jfs Attachments: Exhibit "A" - Area Map Resolution of Approval RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING STREET NAME CHANGE NO. 92-02 TO CHANGE THE NAME OF VINCENT AVENUE BETWEEN THE A.T. & S.F. RAILROAD TRACTS AND ARROW ROUTE TO WHITE OAK AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) At its meeting on January 27, 1993, the Planning Commission stated their intent to proceed with the above-referenced street name change. (ii) On the 10th day of February 1993, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing for the above-mentioned street rename proposal, Street Name Change No. 92-02, pursuant to the City Code Chapter 12.12. (iii) The Rancho Cucamonga Planning Division prepared a report which addressed the Justification for the change, recommended a street naming plan, provided e replacement name, and discussed the impacts of the recommended change. (iv} All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on February 10, 1993, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. When White Oak Avenue connects with Vincent Avenue, a potentially confusing street name situation could result which may cause some inconvenience to the public and possibly a slower response from emergency personnel and, therefore, should be corrected. b. The proposed name "White Oak Avenue" exists north of Arrow Highway and serves a number of businesses in the Industrial Park area and is consistent with the street naming theme of the Rancho Cucamonga Business Park and a street name monument exists with the White Oak name on it. PLANNING COMMISSION RESOLUTION NO. STREET NAME CI~%NGE 92-02 February 10, 1993 Page 2 c. The street name change, "White Oak Avenue," applies to approximately 1,500 feet of Vincent Avenue between the A.T. & S.F. Railroad tracts (north of 8th Street) and its connection with the new portion of White Oak Avenue being extended south of Arrow Route (north of Jersey Boulevard}. d. The street name change does not apply to that portion of Vincent Avenue which connects to 4th Street, as it will never connect with the portion being considered for the name change. e. The street name change is necessary to avoid confusion and facilitate emergency response (i.e., police, fire, ambulance). 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs i and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed name change is consiotent with the goals, policies, and standards of the General Plan. b. That the proposed change is consistent with the Circulation Element of the General Plan and the Circulation/Access Plan of the Industrial Area Specific Plan. c. That the proposed change will not cause significant adverse impact upon the environment. d. The proposed change is deemed necessary to protect the public health, safety, comfort, convenience, and general welfare. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act (CEQA) of 1970 and determines this action to be exempt from further environmental review, as provided in CEQA Section 15061(b)(3). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves that pursuant to Sections 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby approves Street Name Change 92-02. 6. The street name change shall become official six months from the adoption date of this resolution. The City Planner shall send written notices of the change to the Post Office, County Clerk, Fire Dietriot, Sheriff's Department, and applicable utility companies at least 60 days prior to the effective date of the change. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. STREET NAME cHANGE 92-02 February 10, 1993 Page 3 APPROVED AND ADOPTED THIS 10TH DAY OF FEBRUARY 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Bullmr, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of February 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT= COMMISSIONERS: BTANLEY FLEIBHMAN' BARRY A. FISHER' ROBERT C, MOEBT OAVID GROSZ MICHAEL B. WEISZ PETER M. KUNSTLER FLOYD CRANMORE FLEISHMAN, FISHER & MOEST LAWYERS 2049 CENTURY PARK EAST, SUITE 3180 LOS ANGELES, CALIFORNIA 90067 (310) 557-1077 TELECOPtER (310( 557-0770 * PROFE$'ItlONAL CORPORATIONS CABLE ADDRESS: ARJUNA OF COUNSEL HENRY W. MgOEE, JR. VVII.LIAM M. KRAMER February 5, 1993 Brad Bullet City Planner 10500 Civic Center Drive Rancho Cucamonga, CA 91730 BY FAX 714-987-6499 RE: George Adams Fortunetelling Use Determination Dear Mr. Bullet: Mr. Adams has had to let go of the premises at issue he has been paying for to date but has been unable to use. Accordingly the Use Determination application is dismissed. Thank you for your courtesy and cooperation. ,~erely yours,i cc: City Attorney Ralph Hanson -- I1¢11¥1D -- D[ANNtNG DIVI~0N ;'I;'B 08 1993 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT February 10, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Dan Coleman, Principal Planner USE DETERMINATION 92-03 - ADAMS - A request for the Planning Commission to determine whether fortunetelling is a permitted or conditionally permitted use in the Speciality Co~nercial Zone of the Foothill Boulevard Specific Plan. (Continued from January 13, 1993.) BACKGROUND: This item was continued from the January 13, 1993, meeting at the request of the applicant's attorney. The item has previously been continued on October 14, October 28, and November 10, 1992, again at the request of the applicant's attorney. At the January 13 meeting, the Co~ission co~nented that the item would not be continued again unless the City Attorney advised that there is a valid reason to continue the matter further. ANALYSIS: The applicant's attorney has discussed with the City Attorney their desire for the City to adopt a new ordinance, such as the City of Claremont's, which requires a special fortunetelling permit and the posting of a surety bond to reimburse patrons for any and all loss, damage, theft, or other unfair dealings. The City Attorney and staff believe that this is a separate matter and has no bearing on the zoning issues regarding the use determination. The applicant may pursue, at any time, the issue of establishing a fortuneteller permit ordinance with the City Council. No new information has been submitted by the applicant or his attorney with respect to the use determination question. A letter of opposition is attached from a person who attended the meeting on October 14, 1992. A copy of the staff report from October 14, 1992, is attached. RECOMMENDATION: Staff continues to recommend that the Planning Commission determine that fortunetelling is not an Office Professional use through adoption of the attached Resolution. BB:DC/jfs Attachments: Exhibit "A" - Letter from Mr. Guy Exhibit "B" - Letter from Attorney Exhibit "C" - Planning'Commission Staff Report dated October 14, 1992 Resolution ITEM E JAN-13-1993 1~:35 FRO~ FuEit~i~ ,=iS~EP, & FI~]EST 70 FI~ISHMA~, FISHI~ & MOF.,~ January 12, 1993 Brad Bullet City Planner 10500 Civic Center Driver Rancho Cuce~onga, CA 91730 BY F~X: (714) 987-6499 Re: Caere% A~a~ FortuneCelltnu Use DeterminAtion Dear~r. Bullet: Pursuant to my conversations wi~h city Attorney Ralph Hanson and hie conversations wi~h s~af£, I reqllest that the hearing scheduled for January 13, in the above-~ntioned matter be rescheduled for the first hearing in February 1993 which I understand is on or about February 10. City Attorney Hanson and I have had several conversations in November, D~cember and January regarding con~inuing the use determination hearing an~ regarding potential alternative wave of resolving the issues presented, which would require more fine and therefore a continuance. Hereover, I am one he Board of Directors of the Westside Urban Forum of Los A~lgelea Indwo have a Board meeting tonight. Finally, as I have assure~ city Attornuy Hanson, I aslure you ~hat my client has not been open for business. The intended business is the retail sale of psychic al~cs related ~erchandise, including books, crysCale and ~he like, and the inciden~al, accessory use of occasional psychic reading. None of these activities or any other activi~leswhatsoover have occurred as the location whic~ is closely adjacent to seworal other businesses. Any patron cars tha~ have been scene in the parking lot have been ~or the other business. BAF:la Ralph Hanson (by fax) George Adams DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT October 14, 1992 Chairman and Members of the Planning Commission Brad Bullet, City Planner Dan Coleman, Principal Planner USE DETERMINATION 92-03 - ADAMS - A request for the Planning Commission 'to determine whether fortunetelling is a permitted or cond/tionally parmitred use in the Speciality Commercial Zone of the Foothill Boulevard Specific Plan. BACKGROUND: Staff has received a request from Mr. George Adams to open a business at 8111-D Foothill Boulevard (in the building south of the Red Hill Cafe at Grove Avenue). The proposed business involves "fortunetelling and retail sale of psychic arts materials" (see Uniform Application, Exhibit "A"). The property in question is designated Spacialty Com-~rcial (SC) in the Foothill Boulevard Specific Plan. The Specialty Com-~rcial designation allows retail sales; therefore, this Use Determination is limited to the interpretation of "fortunetelling." The building in question is a older, non-conforming structure of less than 500 square feet, which has been used by a variety of uses. However, as with any Use Determination, the issue, and its resolution, affects more than Just this one building; indeed, it affects more than just Subarea 1. The issue is one of interpreting use and is not a consideration of whether the applicant's business should be allowed at 8111-D Foothill Boulevard. ANALYSIS: ae Land Use: with the adoption of the Foothill Boulevard Specific Plan (FBSP) in 1987, new land use regulations came into effect. These regulations were tailored to the unique characteristics of Foothill Boulevard (see Exhibit "B"). Prior to the adoption of the FBSP, the Development Code governed. "Spiritualist readings or astrology forecasting" is a specific use defined by the Development Code which was permitted by right within the General Co~-~rcial zone (see Exhibit "C"). However, there are no General Commercial zones in the Foothill Boulevard Specific Plan. There are seven areas within the City that are zoned General Commercial which permit fortunetelling (see Exhibit "D"). It is significant to note that most of these areas are developed with leasable space. A strip of General Commercial zoning exists just two blocks away from the applicant's desired location on Grove Avenue. This area has a frontage of approximately 2,000 feet along PLANNING COMMISSION STAFF REPORT UD 92-03 - ADAMS October 14, 1992 Page 2 Grove Avenue. Therefore, staff believes that ample opportunity exists for the intended use within the City of Rancho Cucamonga. Fortunetelling Characteristics: The applicant provides a service to customers by professing to foretell events in the customer's lives (see Exhibit "E"). Similar uses include astrology (i.e., foretelling events by studying the heavens), palmistry (i.e., telling a person's character or fortune by "reading" the lines and marks of their palms), spiritualist readings (i.e., communicating with the spirits of the dead through a third party). Staff believes that fortunetelling should be considered very similar to spiritualist readings or astrology forecasting as listed in the Development Code. However, the applicant's attorney contends that the characteristics of a fortunetelling operation are indistinguishable from professional offices by virtue of the fact that a customer "enters, meets with practitioner, and leaves." The Rancho Cucamonga Municipal Code states otherwise in its definition of office professional: "a use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting, and similar professions." An argument could be made that fortunetelling is similar to "Personal Service." The Industrial Area Specific Plan defines "Personal Service" as "information, instruction and similar services of a personal nature" (see Exhibit "F"). Options: Staff has outlined the following options for consideration: Option: Determine that fortunetelling is similar to "Office Professional." Result: Fortunetelling would be permitted by right in all Co~ercial and Office zones within the City, including Foothill Boulevard, and would be permitted or conditionally permitted in most of the industrial area. Option: Determine that fortunetelling is m~st similar to "Personal Service" as defined by the Industrial Area Specific Plan (see Exhibit "F"). Result: Fortunetelling would be conditionally permitted in 12 of the 17 industrial subareas. Option: Determine that fortunetelling is the not same as Office Professional. Result: Fortunetelling would continue to be permitted by right within the General Co~nercial zones throughout the City. PLANNING COMMISSION STAFF REPORT UD 92-03 - ADAMS October 14, 1992 Page 3 FINDINGS: The Planning Commission shall base its decision upon meeting the following findings: The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same district. The use in question meets the purpose and intent of the district in which it is proposed. The use in question meets and conforms to the applicable goals and objectives of the General Plan. RECOMMENDATION: Staff recon~ends that the Planning Co~nission determine that fortunetelling is not Office Professional (Option 3) through adoption of the attached Resolution. City Planner BB:DC:mlg Attachments: Exhibit "A" - Uniform Application Exhibit "B" - Subarea 1 Land Use Regulations (FBSP) Exhibit "C" - Development Code Land Use Regulations Exhibit "D" - Development Districts Map Exhibit "E" - Letter from Applicant's Attorney Exhibit "F" - Industrial Specific Plan Land Use Regulations Resolution C-ieoz~eAc~,~s ?Z4~-9434 SUBAREA ONE LAND USE REGULATIONS 9.3.1 Priemry Function/Location Subarea One is located contiguous to the Foothill Corridor between Grove and Vineyard Avenues. Subarea One will act as a major gateway into the community, dominated by a Specialty Commercial Activity Center, {Foothill and San Bernardino) designed as the primary activity center within the subarea. The following matrix establishes the uses which are permitted iX), conditionally permitted [O), or not permitted in each of the five affected land use subcate- gories. NOTE: Site Development Standards [Section 9.3.3.2 and 9.3.$.3) shall only apply to shaded areas. SUB-AREA I ' ACTIVITY CENTER MAP IV-9.10 9.3.2 Permitted and Conditional Uses: Retail commercial Uaaa - I =rid Use S C C C Antique Shops X Apparel: a) boutiques X X b) general X X Appliance Store (major) X Art, Music, and Photographic Studios, and Supply Stores X X Auto Service Station O Auto Service (including motorcycles, boats, trailers and campers: a) Sales (with ancillary repair facilities) O b) Rentals O c) Minor Repair (does not include major engine work, muffler shops, painting. body work, upholstery, etc.) 0 d) Coin-op Washing e) Automatic Washing f) Parts and Supplies X Bakeries (retail only) X X Barber/Beauty/Hairstylist Shops X X Bicycle Shops X X Blueprint and Photo Copy Services X Bed & Breakfast O Book. Gift. and Stationary Stores X (other than adult related material) Cancly ancl Confections X Catering Establishments China and Glassware Stores X X X X O MR P O X X 0 X Rev,secl 4 ~890 IV-9.1~'~ SUB-AREA DESIGN STANDARDS AND LAND USE REGULATION SUBAREA ONE Retail Commercial Uses - Continued Land Use Christmu Tree Sales lots operated on a temporary basis Churches Cleaning and Pressing Establishments Cocktail Lounge (bar, lounge, tavern) including related entertainment Commercial Recreation: a) Indoor uses such as bowling, billiards b) Outdoor uses such as tennis and basketball Convalescent Facilities and Hospitals Curtain and Drapery Shops Day Care Centers Delicatessens and Specialb/ Food Stores Drug Stores and Pharmacies: a) over 10,000 sq ft b) pharmacies with or without spe- cialty retail under 10,000 sq ft Farmers Markets Floor Covering Shops Florist Shops Furniture Stores Hardware Stores Health and Athletic Gyms and Weight Reducing Clinics Hobby Shops Ice Cream Stores and Soda Fountains Jamtor~al Serwces and Supphes SC CC O MR P X O O O X X O O O O X ~ev~seO 4 ~8 90 IV-9.12 0 0 0 0 0 0 X 0 0 X X X X X X X 0 SUB-AREA DESIGN STANDARDS AND LAND USE REGULATION SUBAREA ONE Commercial Uses - Continued Land Use SC CC Jewelry Stores X X Laundry [Self Service) X Leather Goods and Luggage Stores X X Liquor Stores O O Messenger and Wire Services X Music, Dance, and Martial Arts Studios O X Newspaper and Magazine Stores X X Nurseries and Garden Supply Stores Within Enclosed Area X Office, Business Machine and Computer Component Stores X Paint, Glass, and Wallpaper Stores X Pet Shops X X Photocopy (Xerox) X Record and Tape Stores X X Restaurants (sit down): a) With entertainment and/or the serving of alcoholic beverages O O b] Incidental serving of beer and wine (without a cocktail lounge, bar, entertainment, or dancing) X X c) Care, limited to 20 seats (including outdoor seating) X X d) Fast Food (with drive-thru) O (without drive-thru) O O Shoe S:ores and Shoe Repair Shops X Specialty Retail O O IV-9.13 O MR P X X X X X SUB-AREA DESIGN STANDARDS AND LAND USE REGULATION SUBAREA ONE ~etlll Commercial Uses - Continued Land Use SC Sporting Goods Stores: a) Specialty; backpacking, tennis, skiing,mountain- eering, fishing, etc.) X b) General; encompassing · variety of sports equipment Supermarkets Swimming Pool Services and Sales Tailor Shops X Television, Radio, VCR, Stereo and CD Component Sales Toy Stores X Variety Department Stores, Junior Department Stores Veterinary (domestic): a) Non-boerding b] Boarding Watch end Clock Repair Stores Yardage Goods Stores CC 0 X X X X X X X X X 0 X X Entertsinment end Cultural Uses - Land Use SC CC Arcades 0 0 Cultural/Artist Exhibits: a) Indoor gallery end art seles X b) Outdoor art exhibits X Discotheques O O Theaters: a) Dinner theatre O O b) Movie {multi-plex) O IV-9.111 MR O O MR P Offlee and Administrative Uses - Land Use SC CC 0 MR P Administrative, Business, and Professional Office X X X Business and Office Services X X X Banks, Finance Services and Institutions Without drive-thru X X X With drive-thru O O O Interior Decorating Firms X X X Medical/Dental Offices and Related Health Clinics X X X Opticien and Optometrical Shops X X X Realtors and Real Estate Offices X X X Travel Agencies X X X Residential Um - Land Use SC CC O MR P Single Family Detached - - X - Single Family Attached (duplex, triplex, fourplex ) X Multi-family Dwellings: X 1) Ancillary Residential Uses a) Home-care facilities (6 or less) X , b) On-site private recreation facilities X 2) Accessory Uses a) Accessory structures X b) Home occupation X Publ lc Use - Land Use Public Utility Installations SC CC 0 MR P O IV-9.15 SUB-AREA DESIGN STANDARDS AND I_AND USE REGULATION 5U !~AI(EA UNE Section 17.10.030 USE OP NC GC 45. Mortuaries and cemeteries. C C C 46. Motorcycle sales and service. - - C 47. Newspaper and magazine stores, printing - C P and publishing. 48. Nurseries and garden supply stores; - P P provided, in the NC district, all equipment, supplies and material are kept within an enelo~ed area. 49. Office and business machine stores. C P P 50. Parking facilities (commercial) where fees C - P are charged. 51. Political or philanthropie headquarters. C C P 52. Pet shop. - P P 53. Plumbing shop and supplies. - P 54. Photocopy P P P 55. Printing shol~. - - P 56. Restaurants (other than fast food). (a) With entertainment and/or serving C C P of aleoholie beverages (b) Incidental serving of beer and wine P P P but without a eoektaLl lounge, bar, entertainment or dancing 57. Recreational Vehicle Storage Yard. C C C 58. Shoe stores, sales and repair. - P P 59. Second-hand stores and pawn sho~. - - P 60. SSeheOt~PionnglT.Cf~.~efO_S~.b5Jfet to provisions in - C C forecasting. ~ 62. Sporting goods stores. - P P 63. Stamp and coin shops. - P P ejeCT "c" ~7 --- 0 t,,,, t J FLEISHMAN. FISHER & MOEST IAINY~R$ 2(~.9 CENTURY PARK EAST, LOS ~G~. CA~FOR~IA August 5, 1992 Dennis Stout, Mayor William Alexander, Mayor pro tam Charles Bu~uet,. Councilmember Diana Williams, Councilmember Pamela Wright, councilmember City of Rancho Cucamonga 10500 civic Center Drive Rancho Cucamonga, California 91730 James Mark~an, Esq. City Attorney, Rancho Cucamonga Markman, Arczynski, Hanson & King 1 Civic Center circle Bred, California 92521 Re:. George Adams, fortunetelling Dear City Officials: We have been retained go represent George Adams, who wishes to engage in providing fortunetelling services and in the retail sale of materials related to palmistry and the psychic arts at 8111-D Foothill Boulevard in Rancho Cucamonga. That address is at the western end of Foothill Boulevard at Grove, and Mr. Adams would occupy one of a number of individual ~paces located in a single story frame structure located between a lawn-mower store and a hot dog stand. The prospective office falls within sub-area one of the Foothill Boulevard Specific Plan and is in the SC zone. Under the Rancho Cucamonga development code, however, fortt]nRtelling is permitted generally only in the GC zone. Because much of the city's GC land has been incorporated into the Foothill Boulevard Specific Plan, there is virtually no land zoned GC along the cityes main commercial area on Foothill, and none reasonably suitable or available for Mr. Adams's intended use. The FoothiI1 Boulevard Specific Plan incorporat~ the commercial heart of the city, and leaves only a tiny fraction of city land in the GC zone. Fortunetelling is excluded completely from the area governed by the Foothill Boulevard Sp,~ic Plan, because t~e Dlan makes no 'provision for it. Dennis Stout, ~aycr, et el, Re: Fortunetelling, Rancho Cucamonga 71-1 AugUst 5, 1992 Page two The city's severe and unreasonable limitation on the places where fortunetelling may be practiced violate the First Amendment and the California Constitution. spiritual Psychic Science Church of Truth v. city of Azusa, 39 Cal. 3d 501, 703 P.2d 1119, 217 Cal. Rptr. 225 (1985), established unequivocally that fortunetelling, in its various fo~s, is constitutionally protected speech, whether or not it is performed ~or a ~ee.~ Laws restricting the practice of fortunetelling must, therefore, meet rigorous constitutional standards. The Rancho Cucamonga ordinance fails so to do. Allowed in the SC zone under the Foothill Boulevard Specific Plan are a number of commercial uses that are obviously of far greater land use impmot ~%at fortunetelling. Such uses as cafes and pet stores are allowed without restriction, and arcades and dinner theaters are allowed pursuant to conditional use permit. In addition, a number of retail businesses serving the public are ~enerally permitted, _~including hairdressers and barbers, art and music stores, photography studios, non-adult bookstores and tailors. Finally, the SC zone permits administrative, business and professional offices, medical offices and banks. ~xcept for the words spoken, for~unetelling as a use of land zn indistinguishable from professional offices. A client enters, meets with the practitioner, and leaves. Services are provided by means that produce nothing more than the noise of a normal conversation. Because fortunetellers generally see one person at a time for approximately an hour, there is less foot and automobile traffic generated by fortunetelling than by many of the uses allowed in ~h~ SC zone~ For land use purposes, there is no means to distinguish fortunetelling from any other service that provides counseling o= advice. The lack of any rational basis to ban fortunetelling fr~m the SC zone violates minimal due process standards. See g~ of Clebur~ v. Cleburne ?.iv~ng C~nter,' 472 U.S. 432 (1985) 'This firm served as counsel for plaintiff in t-he California 'Supreme CoUrt in sDiritu~l Psychic, and has ~een involved in a number of prior and s~bsequent disputes concerning the right to engage in fo~unetelling. Se~, e.u., ~tevens v. Fountain Valley, No. SA ~ 88-376 JSL (R~x) (C.D. Cal. filed Mar. 6, 1988) (challenging a ~ond~tional use De~i~ retirement and restrictive zoning); Merino v. City of Huntinuton Beauh, No. ~84-9646 R (C.D. Cal. filed Mar. 6, 1984)~ Adams v. City of ~.~kewo_o~, No. ~ 84-6404 A~ (B~) (C.D. ~al. filed Aug. 28, 1984): Merin~ v. City of ~e~oma ~, No. ~ 84-e64 ~S (~) (C.D. Cal. filed Dec. 19, 1984); Adams v. City of D~Bey, No.' ~ 85-2840 AWT (~) (C.D. Cal. file~ Apr. 29, 1985). In addition, other cities have a~reed to modify their restric~iwe zonin~ of fo~unetelling, including Bred and the comprehensively planned City of I~ine. Dennis Stout, Mayor, et al. Re: Fortunetelling, Rancho Cucamonga August 5, 1992 Page three (invalidating the exclusion of a home for the mentally retarded from an appropriate zoning district). But because fortunetelling is not a mere business, but is protected by the first amendment, banning fortunetelling from all but one zone is even more clearly violatire of the federal and state constitutions. A municipal ordinance is not immune to first amendment challenge simply because it operates under the rubric of zoning. On the contrary, the intrusion upon constitutionally protected activity by a zoning ordinance may be upheld only if the governmental interest furthered Dy restriction is "compelling." City of Santa Barbara v. Adamson, 27 Cal. 3d 123, 131,'610 P.td 436, 440, 164 Cal. Rptr. 539, 543 (1980); ~.e~ City of Chula Vista v. ~ag~rd, 115 Cal. App. 786, 798, 171 Cal. Rptr. 738, 745 (1981). Under the federal' Constitution as well, "the zoning power is not infinite and unchallengeable; it 'must be exercised within oonstitutiona£ limits.'" Schad v. ~orough of Mr. ~hraim, 453 U.S. 61, 67 (1981) (quoting Moore v. City of East Cleveland, 431 U.S. 494, 514 (1977)). "[W]hen a zoning law infringes upon a protected liberty, it must be narrowly drawn and must further a sufficiently substantial governmental interest." ~g~t~, 453 U.s. at 68. In reviewing a limitation on protected activity, a court "must not only assess the substantiality of the governmental interest asserted by also determine whether those interests could be asserted but also determine whether those interests could be served by means that would be less intrusive on activity protected by the First Amendment." Id. at 70. See Tovar v. Billmeyer, 721 F.2d 1260, 1264 (9th Cir. 1983) ("Under the strict scrutiny standard, zoning decisions mimed at regulating unprotected activities that incidentally limit free expression are valid only if justified by a compelling state interest"). "[M]ore than '[c]onclusions alone'" are required to Justify the zoning ordinance, id. at 1266 (quoting Ku~tnich v. County of Santa Clara, 689 F.td 1345, 1347 (9th Cir. 1982)), for "there must be.'a factual basis for the . . . Council'm conclusion that th~s kind of [zoning] restriction will have the desired effect." ~dlY~, 721 F.2d at 1266 (~uotin~ Youn~ v. American. Mirti-Theatres, 427 U.S. 50, 71 (1976)). There is no apparent 'factual basis for the decision to exclude fortunetelling from the SC zone and the entire Foothill Boulevard specific plan area. Cucamonga ordir~nc~ provided he ~ per~i~ted ~o operate his fortunetelltm~ office a~ 8111-D Foothill ~uleverd. Should the city refuse, it should be reminded that 42 U.S.C. § 1988 provides that the prevailing plaintiff in a civil rights action will receive an award of fees and expenses virtually automatically. Therefore, if Rancho Cucamonqa does not refrain from enforcing the patently unconstitutional zoning provision against Mr. Adams, it will face not only the cost of defending Dennis Stout, Mayor, et al. Re: Fortunetelling, Rancho Cuca~onga August 5, 1992 Page four a suit, but the coat of prosecuting one a~ well. Please let me know within seven day~, no later than August 12, 1992, whether an amicable resolution of this matter is possible. Should I not hear from you by that date, I ~ha11 assume that the city intends to continue enforcing its unconstitutional zoning ordinance against Mr. Adams, Sincerely yours, BAF/r Barry A. Fisher al Services: Activities typically include, but ot limited to: information, instruction and r services of a personal nature. Uses typically e, but are not limited to: computer training, g schools, day care facilities, travel bureaus, and phot~ography studtos.~ . ~.~ Petrol rum Products Stora~)e: Activittes typical ly include, but are not limited to: bulk storage, sale, and distribution of gasoline, ltqutfted petroleum gas, and other petroleum products. Processing Facilities: Activities typically include colleCtion and processing of recyclable materials. Processing means the preparation of materials for efficient shipment by such means as briquetttng, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturtng. Recreational Facilities: Activities typically include, but are not limited to: sports performed either indoors or ~utdoors which require a facility for conducting the recreational activity. Uses typically include, but are not limited to: health clubs, exercise studios or classes, swimming centers, skating rinks, bowling alleys, tennis courts, sports fields, and golf courses. Repair Services: Activities typically include, but are not limited tO repair services involving articles such as upholstery, furniture, and large electrical appliance repair services. E. CIVIC USE TYPES AdMntstrative Civic Services: Activities typically Include, but a~e not limited to: management, adMntstrattv~ or clerical services performed by public, quasi publtc, and public utility a~mtntstrattve offices. Cultural: Activities limited to those institutions: typically include, but are not performed by the following - Public and prtvate non-profit museums and art galleries; - Public and private non-profit libraries and observatories. III-16 REVISED 6/5/91 TABLE II1-1 (Continued) SUMMARY OF LANDUSE TYPE BY SUBAREA Agricultural/Nursery Supplies & Services Animal Care c c c Automotive Fleet Storage c c c c AutomotNe P4.~*~.~ming - P P P C c c Automotive/LightTmckRepair-Minor P C P C O P Automotive/TruckRepair-Major P c P C P Automotive Sales Automotive Service Court C Automotive Service Station 0 C c c O C c Building Contractors Office & Yarcis P C P c c P Building Contractors Storage Yard BuildingMaintenance,Service P P P P P Building & Light Equipment Sup!31ies & ~ales P ¢ P c c P P Bu~ine~ $UlOOly Fietail & ~ P P P P P P P Bu$in~ $uppor~ ~ Communication ~ Convenience$~les &~ervices ¢, o ~ C c ¢ ¢ c ¢ Eating&DrinkingEstaJ=lishments P P P P P P P P P Enlertainm~nt ExWnsive Impact Commercial Fast FoodS~l~ c c C ¢ C O Financial, Insurance & R®aJ Estate Services P c Food& Beverage Sales c C c c C c C c C c Funeral & Crematory Services O C Heavy Equipment Sales & Rentals C C C C C C HoteUMotm C P P Indoor Wholesale/Retail Commercial c C laundry Services P P P P Medical/HeaiffiCareSewioes P C C O C c c Personal Services c C C C C C c Pe~-oleum Products Storage o O Recreation Facilities C C C ¢ C C C C P Repair Services P P c P P P Specialty Building Supplies & Home Improvement c PP P C CC C C PC P PP P CCC C C CCCC C P PPP P PPPP PP CP CdP PPPP PP P P C P P C P P P C C P P P P C P P P P P P P P P C P P P P C P P CCCCCCCCC PPPPPPPPP CC CC C CC C CC PP CCCCCCCC C CC P P CC CCC P PP P P CCCC PC CCCC CC CCC C CCCPPP PP PPP PPC IP - Inclus~ial Part( HO - HavenAveOwdayDi~rict GI - General Indullrial MI/HI - Minimum Impa~ Heavy Indus~'ial HI Heavy Indulmll P Permllted Use C - Conditionlily Perndtted [] . NommMked Uie~ NM Permitted 111-5.A Revised:6/03/92 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA REGARDING USE DETERMINATION 92-03, DETERMINING THAT FORTUNETELLING SHALL NOT BE DEEMED AN OFFICE PROFESSIONAL USE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) George Adams has filed a written request for a Use Determination No. 92-03 regarding fortunetelling. Hereinafter in the Resolution, the subject Use Determination request is referred to as "the application." (ii) On October 14, and continued to October 28, and November 10, 1992, and January 13, and February 10, 1993, the Planning Commission of the City of Rancho Cucamonga considered the application at a public meeting. (iii) 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 specifically presented to this Commission during the above-referenced meetings on October 14, October 28, and November 10, 1992, and January 13, and February 10, 1993, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application contemplates the establishment of a use involving "fortunetelling" on property zoned by the Foothill Boulevard Specific Plan as Specialty Commercial at 8111-D Foothill Boulevard. (b) The Specialty Commercial District is intended for uses which promote a special landmark quality or create a special ambience. -Activities tyl~ically include farmers markets, cafes, bakeries, gift shops, and restaurants. (c) A fortuneteller is defined by Webster's Dictionary as "a person who professes to foretell events in other people's lives." Similarly, Webster's defines astrology as "foretelling events by studying the heavens." Spiritualism is defined by Webster's as communicating with the spirits of the dead through a third party. (d) "Spiritualist readings or astrology forecasting" is a use specifically listed as permitted by right within the General Commercial District. PLANNING COMMISSION RESOLUTION NO. UD 92-03 - ADAMS February 10, 1993 Page 2 (e) The Foothill Boulevard Specific Plan does not specifically list fortunetellers, spiritualists, or astrologers as permitted or conditionally permitted land uses. (f) The goal of the General Commercial land use designation of the General Plan is to provide for a broader range of use activities than any other commercial designation. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public meeting and upon the specific findings of fact set forth in paragraphs i and 2 above, this Commission hereby finds and concludes as follows: (a) The fortunetelling use is not similar to Office Professional uses. (b) The fortunetelling use meets and conforms to the applicable goals and objectives of the General Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby determines that fortunetelling shall not be classified as Office Professional as listed in the Development Code. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS lOTH DAY OF FEBRUARY 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Larry T. McNiel, Chairman Brad Bullet, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the loth day of February 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: February 10, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Nancy Fong, Senior Planner THE HILLSIDE ORDINANCE ABSTRACT: The purpose of this report is for the Co~ission to determine if there is an immediate need to modify the Hillside Development Ordinance; and if so, to establish a priority status on the Work Program and to direct staff to initiate an amendment to the Development Code. BACKGROUND: Since the adoption of the Hillside Development Ordinance in March 1990, staff and the Commission have reviewed subdivisions and custom homes that have been designed under the new Development Standards and Design Guidelines. As a result of reviewing these projects, the Commission felt that many of them did not meet the intent and spirit of the Hillside Development Ordinance even though they technically met all the standards. On August 16, 1992, the Comm{ssion reviewed the Development Standards and Design Guidelines of the Hillside Development Ordinance. The Commission raised concerns on their effectiveness in reducing the massiveness and boxy appearance of two-story buildings, the maximizing of lot coverage, and controlling hardscape coverage (i.e., sports courts, swimming pools, etc.). The Commission provided staff with many comments and suggestions to improve the various parts of the Hillside Development Ordinance. Staff has reviewed these comments and suggestions and is in general agreement with them. Once the Commission has established the priority for this work program item, staff would begin the formal amendment including time evaluating the suggested comments to the Development Standards Design Guidelines. Some of the changes may need additional graphics for illustration and clarification. When the changes are prepared, staff will forward them to the Commission for further review, discussion, and refinement. Once the final draft is prepared, staff recomm_ends that the Co~nission conduct a workshop on the proposed amendment and invite members of the Building Industry Association (BIA) and the Rancho Cucamonga Chamber of Co~erce to participate, in order to obtain their comments and feedback prior to the public hearing process. ITEM F PLANNING COMMISSION STAFF REPORT THE HILLSIDE ORDINANCE February 10, 1993 Page 2 RECO~tENDATION: Staff recommends that the Commission review the Work Program and set a priority status for the proposed Hillside Ordinance Amendment and direct staff to initiate the appropriate Development Code Amendment. BB:NF:sp Attachments: Exhibit "A" - ~992-1994 Work Program February 20, 1992 P~ IIOl~ P~ ~ FISCAl, Y~AR 1992--94 PROGRAM ITEM YEAR STATUS WKS PROGRAMS WE CAN ACCOMPLISH WITH CURRENT STAFFING: 1. Development Processing Services 92/94 Ongoing 252 2. Public Information Services 92/94 Ongoing 168 3. Special Projects 92/94 Ongoing 80 4. Hillside Development Ordinance Amend. 93/94 On hold 10 5. Housing Mix/Quality Amendment 92/93 In progress 10 6. Adult Business Amendment 92/93 In progress 4 7. GIS/MIS Computer Systems 92/94 In progress 10 8. Etiwanda North Specific Plan (Support) 92/94 In progress 3 9. Design Criteria Guidebook (Support) 92/93 In progress. 4 10. Central Park (Support) 92/94 In progress 5 11. CEQA updates/Monitoring Program (Support) 92/94 In progress 5 12. Tree Ordinance Update 92/93 In progress 5 13. Old Alta Loma Neighborhood Plan (Support) 92/93 In progress 5 14. Shopping Center Parking Amendment 92/93 In progress 4 15. Design Awards Program 92/94 In progress 12 Subtotal 577 PROGRAMS WE WOULD LIKE TO SEE ACCOMPLISHED, BUT NEED MORE STAFF 1. Development Code update 92/94 On hold 42 2. Foothill Streetscape Specs. 92/93 On hold 5 3. Senior Housing Location/Design (Support) 92/94 On hold 4. Sign Ordinance Amendment 93/94 on hold 10 5. Animal Care Facilities Amendment 93/94 On hold 2 6. Multi-Family Standards 92/94 on hold 10 7. Regional Trails Agreement 92/94 In progress 4 8. Regional Mall 92/94 on hold 20 9. Foothill/I-15 Fwy Beautification (Support) 92/94 On hold 10. Art in p~blic places (Support) 92/94 On hold 2 Subtotal 97 TOTAL 674 February 20, 1992 PROGRAM ITEM YEAR STATUS PROGRAMS WE CAN ACCOMPLISH WITH CURRENT STAFFING: 1. Community Development Block Grant 92/94 2. Inter-governmental Relations 92/94 3. General Plan Land Use Amendments 92/94 4. Geographic Information System 92/94 5. Sphere of Influence Annexation Strateg~ 92/94 6. Historic Preservation Program 92/94 7. Air Quality Element Implementation 92/94 8. Land Use & Demographic Data Base 92/94 9. Housing Element Amendment (P4)A Strategy) 92/93 10. Economic Development Activities 92/94 11. Community Profile U~date 92/94 12. Senior Housing Activities Monitoring 92/94 13. Etiwanda North S~ecific Plan/Prezoning 92/93 14. Design Gui~e Book 92/93 15. County Planning Referrals 92/94 16. Street Name Changes 92/94 17. Com~uter Rail 92/94 18. Old Alta Loma Neighborhood Plan 92/93 19. Special Projects 92/94 Ongoing Ongoing Ongoing In progress Ongoing Ongoing In progress Ongoing Ongoing Ongoing Ongoing Ongoing Ongoing On hold Ongoing On hold ongoing In progress ongoing Subtotal NEW OR CONTINUED PROGRAMS WE MUST ACCOMPLISH AND NEED MORE STAFF: 1. City Source Reduction & Recycling 92/94 Element (Support G Implement.) 2. Density Bonuses & Housing Incentives 92/93 3. Advance Planning Data System Module 92/94 4. Senior Housing (SHOD) Site Location 92/94 & Desi9n Criteria Study/Ordinance 5. CEQA Gui~elines Update/M/tigation 92/94 Monitoring Program In progress On hold On hold on hold In progress WKS 168 64 44 3 114 3 5 3 20 6 2 5 2O 6 6 20 30 541 10 12 44 8 6 8O PROGRAMS WE WOULD LIKE TO SEE ACCOMPLISHED, BUT NEED MORE STAFF: 1. Antenna Regulation Study 92/94 2. Strategic Planning Program 92/94 3. Vacant Land Use Inventory Map 92/94 4. Water & Sewer Defic. Study (Support) 92/94 On hold on hold In progress On hold Subtotal 17 638 February 20, 1992 HI~TO~C FISCAL~AR 1992-94 PROGRAM ITEM YEAR STATUS WKS PROGRAMS WE CAN ACCOMPLISH WITH CURRENT STAFFING: 1. Historic Properties Inventory List updates 92/93 2. Landmark Desig./Alter. Applic. Process 92/93 3. Mills Act Contract Processing/Monitoring 92/93 4. Public Information Processing Requests 93/93 5. Staff Training and Project Assistance 92/93 6. Oral History Program 92/93 7. Archives Program 92/93 8. ~%MB Mitigation Funding & ASministration 92/93 9. Historic Building Rehabilition Program 92/93 10. Old Alta Loma Neighborhood Plan 92/93 11. Redevelopment Agency Re-Use Projects 92/94 Ongoing 12.0 Ongoing 10.0 Ongoing 4.4 Ongoing 15.8 Ongoing 6.2 Ongoing 11.0 Ongoing 12.0 Ongoing 4.4 NEW 7.4 NEW 22.0 NEW 9.0 ~n~total 114-2 NEW OR CONTINUED PROGRAMS WE MOST ACCOMOLISH AND 1. Route 30 Review/Monitoring 92/93 2. Landmark Plaque Implementation 92/93 3. Certified Local Government Program 92/93 4. Etiwanda & Foothill SP Review/Update 93/93 5. Long-Term Outreach Projects: Brochure, 93/93 Exhibit, Slide Show 6. Archaeological Map Update/~eview 92/94 STAFF Ongoing 1.5 Ongoing 3.5 On hold 4.0 On hold 8.0 On hold 6.0 On hold 3.0 ~btotal 26.0 PROGRAMS WE WOULD LIKE TO SEE ACCOMPLISHED, BUT NEED MORE STAFF 1. Heritage Walkway 92/93 Ongoing 2. HPC Ordinance Update 92/93 On Hold · 3. North Town Survey Update 92/93 NEW 4. Historic Agricultural Land Preservation 92/93 NEW Program S~total 4.5 4.0 18.0 10.0 36.5 176.7