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HomeMy WebLinkAbout1993/05/12 - Agenda PacketCITY OF RANCHO CUCA~ PLANNING COMMISSION AGENDA WEDNESDAY MAY 12, 1993 7:00 P.M. RANCHO CUC~'~ONGA CIVIC CENTER COUNCIL CH~f. BER 10500 CIVIC CENTER DRIVE I~,-WCHO 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 April 7, 1993, regarding Planning Commission Goals and Priorities Adjourned Meeting of April 14, 1993 Adjourned Meeting of April 28, 1993 V. Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. Ae CONDITIONAL USE PERMIT 93-03 - DEER CREEK FINANCIAL - A request to establish a financial office in a leased space of 864 square feet within an existing industrial park on 7.4 acres of land in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan, located at 10700 Jersey Boulevard - APN: 209-144-83. B. CONDITIONAL USE PERMIT 93-06 - TDM WORLD CONVERSIONS - A request to establish a facility for emergency and police vehicle conversions from factory produced vehicles in a leased space of 25,000 square feet in the General Industrial District (Subarea 5) of the Industrial Area Specific Plan, located at 9608- B Lucas Ranch Road - APN: 210-071-60. C. CONDITIONAL USE PERMIT 93-07 - LEVI - A request to establish a billiard hall with on-site consumption of beer within an existing commercial center in the Community Commercial designation (Subarea 3) of the Foothill Boulevard Specific Plan, located at the southwest corner of Foothill Boulevard and Ramona Avenue - APN: 208-301-15. D. ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A consideration to modify, suspend, or revoke an entertainment permit granted for the following entertainment uses: disc jockey doing vocals, playing records, and videos; live acts such as comedy, magic, dancing, and fashion shows; live bands (5 members or less); lip syncing; special promotions such as talent night contests, promoting sports teams, major sports events through satellite TV, college bowl, and trivia questions contests, in conjunction with a restaurant and bar, located at 10877 Foothill Boulevard - APN: 208-351-75. VI. New Business VII · VIII. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 92-06 - RYDER TRANSPORTATION RESOURCES - A request to develop a 68,176 square foot warehouse/distribution building on 3.97 acres of land in the General Industrial District (Subarea 14) of the Industrial Area Specific Plan, located at the northwest corner of 4th Street and Santa Anita Avenue - APN: 229-331-07. F. CONSIDERATION OF RENAMING MOUNTAINVIEW DRIVE. MOUNTAINVIEWWAY, AND MOUNTAINVIEW PLACE Pttblic 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 G. AMENDMENT TO PLANNING COMMISSION ADMINISTRATIVE REGULATIONS X. &djournment 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. 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PROJECT AND SITE DESCRIPTION: A. Applicable Regulations: The Industrial Area Specific Plan allows administrative and office uses in Subarea 8 subject to the approval of a Conditional Use Permit. B. Site Characteristics: The site is a fully developed multi-tenant business park. C. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Multi-tenant 1/400 269 (inc. 35% office) Other offices 9,390 1/250 38 Medical offices 1,170 1/200 6 Proposed financial ofc. 864 1/250 4 TOTAL 107,568 317 366 ANALYSIS: General: The applicant, Deer Creek Financial, is requesting to operate a financial office use at the site. The applicant is proposing to use an 864 square foot office suite within a 15,000 square foot multi-tenant building as an office for a mortgage broker service. Hours of operation are from 8:30 a.m. to 5:00 p.m., Monday through Friday with an occasional Saturday. The office has a total of four employees. ITEM A PLANNING CO~4ISSION STAFF REPORT CUP 93-03 - DEER CREEK FINANCIAL May 12, 1993 Page 2 Land Use Compatibility: The basic premise of all zoning is the separation of incompatible uses. Subarea 8 is zoned for General Industrial activities and is intended primarily for industrial type users. Typical uses permitted would include custom and light manufacturing and building contractor's offices and yards, as well as business support, communication, and research services. Secondary uses, such as medical/health care services or administrative offices, may be permitted subject to review and approval of a Conditional Use Permit. The 7-acre business park is made up of more than 50 small businesses, occupying from 864 to over 3,000 square feet. The business park was designed for a variety of small business users, including office space in the suites fronting Jersey Boulevard that the applicant desires to operate within. Staff does not anticipate any land use conflicts with existing users. Parking: The Jersey Business Park is composed of seven multi-tenant buildings totaling 107,568 square feet. Although the parking ratio for this type of use is ~ space per 400 square feet and allows up to 35 percent office area, the project was "overparked" to accommodate extra office space. The site has 97 parking spaces more than required for existing use; therefore, an additional 24,250 square feet could be utilized for office uses. A total of 49 extra parking spaces would still be available if the Comission approves this use. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit 93-03 through adoption of the attached Resolution of Approval. Respectfully submitted, City Planner BB:BN/jfs Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Vicinity Map Exhibit "C" - Site Plan Resolution of Approval _~ IIIIIIIII IIUI II IIII IL II III IIII lull I11 IIIL4~1t March 11, 1993 CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 TO: PLANNING DIVISION RE: 10700 JERSEY BLVD., STE. 300 Deercreek Financial is a Mortgage Broker. We originate SFR loans. The reason we like this particular location, is because it is close to the post office and is basically a central- ized location for our business associates. We have a total of four employees, of which two are part- time. Our hours are from 8:30 a.m. until 5:00 p.m. We work Monday through Friday and sometimes and occasional Saturd~. Diana I~. Tosha Office Manager Enclosure (s) "~- _ ~ ~~' ... ,~l..,~u ~ ..... .,~ _~ ,~tT~,~, ,~ "'-..,_____.__,_,"______ CITY ~F I:L/~cH'O. CUCAMONGA PLAa'qNING-- DMSION TITLE: V EXHIBIT: ~. SCALE: RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-03 FOR A FINANCIAL OFFICE, LOCATED AT 10700 JERSEY BOULEVARD, SUITE 300, WITHIN AN EXISTING BUSINESS PARK IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 8) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-144-83 A. Recitals. {i) Deer Creek Financial has filed an application for the issuance of Conditional Use Permit No. 93-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (li) On the 12th day of May 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. Based upon substantial evidence presented to this commission during the above-referenced public hearing on May 12, 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 10700 Jersey Boulevard, Suite 300, which is part of an existing business park developed with 366 parking spaces (97 more than Code requires for multi-tenant industrial); and (b) The property to the north of the subject site is a light industrial building, the property to the south consists of an office and storage yard, and the properties to the east and west are warehouse buildings; and (c) The application contemplates the use of the space as a financial office with hours of operation from 8:30 a.m. to 5:00 p.m., Monday through Friday, with an occasional Saturday. PLANNING COMMISSION RESOLUTION NO. CUP 93-03 - DEER CREEK FINANCIAL May 12, 1993 Page 2 3. Based upon the substantial evidence presented to this C~lssion 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 m&teri&11y injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code and the Industrial Area Specific Plan. 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. Plannina Division 1) Approval of this request shall not waive compliance with all sections of the Industrial Area Specific Plan and &11 other City ordinances. 2) 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 consideration and possible termination of the use. 4) This approval is only for a financial office use. Any change or intensification of use shall require modification to this application. Any signs 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 inst&llation. $) The facility shall be operated in conformance with the performance standards am defined within the Industrial Area Specific Plan including, but not limited to, noise levels. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May 12, 1993 Chairman and Members of the Planning Co~nission Brad Bullet, City Planner Beverly Nissen, Associate Planner CONDITIONAL USE PERMIT 93-06 - TDM WORLD CONVERSIONS - A request to establish a facility for emergency and police vehicle conversions from factory produced vehicles in a leased space of 25,000 square feet in the General Industrial District (Subarea 5) of the Industrial Area Specific Plan, located at 9608 B Lucas Ranch Road - APN: 210-071-60. PROJECT AND SITE DESCRIPTION: A. Applicable Regulations: The Industrial Area Specific Plan allows Automobile/Light Truck Repair-MAnor in Subarea 5 subject to the approval of a Conditional Use Permit. B. Site Characteristics~ The site is a fully developed industrial/manufacturing project. C. Parking Calculations: N-mher of Number of Type Square Parking Spaces Spaces of Use Footage ~atio Required Provided Bnil~-g A Warehouse 20,000 1/1000 20 24 Vacant 7,937.75 1/2000 4 5 Office 1,500 1/250 6 10 Buil~-g B Proposed Auto Use 24,269.75 1/500 49 53 Office 1,500 1/250 6 10 Buil~-g C Omega Extruding Office Warehouse 3,000 1/250 12 16 20,000 1/1000 20 24 20,000 1/2000 10 14 44,230 1/4000 11 15 142,437.50 138 171 IT~ B PLANNING CO~ISSION STAFF REPORT CUP 93-06 - TDM WORLD CONVERSIONS May 12, 1993 Page 2 ANALYSIS: General: The applicant is proposing to utilize all of Building B (25,770 square feet) to convert factory produced vehicles to police cars. The majority of the work includes installing lights, sirens, speakers, radios, and antennas. Additional activities would include installation of partitions, push bumpers, window screens, and bars. These activities include the utilization of an electrical welder, gas torch, and plasma cutter. The Rancho Cucamonga Fire District has reviewed the proposed use and is in the process of working with the applicant to obtain the necessary permits. Approximately 1,500 square feet will be utilized as office space. Business hours are Monday-Friday, 6 a.m. to 5 p.m., with an occasional Saturday. The business employs 10-12 employees, which includes office staff. Land Use Compatibility: The basic premise of all zoning is the separation of incompatible uses. Subarea 5 is zoned for General Industrial activities and is intended primarily for industrial type users. Typical uses permitted would include custom, light, and medium manufacturing and light wholesale, storage and distribution, as well as repair services. Secondary uses, such as automobile/light tr~ck repair - minor and major, may be permitted subject to review and approval of a Conditional Use Permit. The site was designed as an industrial manufacturing/warehousing project and staff does not anticipate any land use conflicts, particularly since the applicant will occupy the entire building.. RECO~4ENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit 93-06 through adoption of the attached Resolution of Approval. City Planner BB:BN/jfs Attachments: Exhibit "A" - Site Plan Exhibit "B" - Vicinity Map Exhibit #C" - Letter from Applicant Resolution of Approval PLANNING COMMISSION RESOLUTION NO. CUP 93-03 - DEER CREEK FINANCIAL May 12, 1993 Page 3 5. The Secretary to this Commission shall certify to the adoption of'this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF MAY 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNlel, Chairman ATTEST: Brad Buller, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do. hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ' S.I/2 Sec. 14,, T. IS.~R. 7W.,S.B MAP 148-~-59 - ~'~-- 6 tlY'r ' ' ~ ,. ~r.I ~ ~ ' J 4.25AC'~.~'L ~11 I . '~'~ ~~ . ~ - ~, , :~ -- ~ _,~~ ~.~ ~c~'~ '~ _ ~ ................ I- ~.~??';~ ~F,~, ~,~ I ,,.' '. ~ ~P 804, ~~1 .~' ~, " : LrParcel'M~ No. 7~a,~RM.~172/91 .;' a cel~Mnp . .~596;~: ,' -.' · ' ;~rc~l Map 'N~ :!'~T~l ;~eM.-4~/56 .- '~ ~1 Map No. :f~941, ~Porcel Map No.'=4136;"RM. 37/82 ~. _.;: ~_~ ,,- 'o,_' ~roc, NO. 79~6;~M.".'118/65,66 ~ ff gXH Porcel Map No. 950;R M. 9/23 J~IT .Po~ Cucomongo Fruit Londs M.B. 4/9 PROJECT DESCRIPTION The building has been set up to facilitate the work required for emergency vehicle conversions. Let it be clear that thier is to be no automotive "repair" done at this facility. There will be no handling of oil, fuel or any other hazardous waste matierial. The only alterations to the building have been some internal structural, and permits have been applied for from R.C. Building and Safety. Our major function is converting a factory produced vehicle to a police car. The majority of work done will be automotive electrical, (ie 12V D.C.). Installing lights, sirens, speakers, radios and antennas will consist of a large portion of our work. Some of the vehicles require additional equiptment such as: partitions, push bumpers, window screens, and often window bars. Fabrication of these parts is usually required, which is the reason for our welding and fabricating department. We have two electrical welders, one gas torch, and a plasma cutter. All hardware has been set up in accordance with city and fire regulations. Welding and compressed gas storage permits have been obtained from the R.C. fire district. Please feel free to contact me at (909)944-7514 if you have any futher questions regarding the facility. P.S. All work will be done inside of the building, and no finished cars or any other vehicles will be parked outside of the building. Thank you, Scott Lucero March 23, 1993 9608B Lucas Ranch Road, Rancho Cucamonga, CA 91730 (909) 944-7514 Fax (909) 944-7846 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-06 FOR AUTOMOBILE/LIGHT TRUCK REPAIR - MINOR, A FACILITY FOR EMERGENCY AND POLICE VEHICLE CONVERSIONS FROM FACTORY PRODUCED VEHICLES, WITHIN AN EXISTING INDUSTRIAL PROJECT AT 9608 B LUCAS RANCH ROAD, LOCATED IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA $) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-071-60 A. Recitals. (i) TDM World Conversions has filed an application for the issuance of Conditional Use Permit No. 93-06 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (ii) On the 12th day of May 1993, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning commission of the City of Rancho Cucamonga as follows= 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Con~ission during the above-referenced public hearing on May 12, 1993, including written end oral staff reports, together with public testimony, this Commission hereby specifically finds as (a) The application applies to property located at 9608 B Lucas Ranch Road, which is part of an existing industrial project of approximately 142,438 square feet and 171 parking spaces$ and (b) The property to the north of the subject site iea light industrial building, the property to the south consists of a welding supply building, the property to the east is a construction business, and the property to the west is Frito Lay. 3. Based upon the substantial evidence presented to this Co~mission 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: PLANNING COMMISSION RESOLUTION NO. CUP 93-06 - TDM WORLD CONVERSIONS May 12, 1993 Page 2 (a) That the proposed use is in accord with the General Plan, the objective. of the Develolxnent Code, and the purposes of the district in which the site is located. (b) That the propo.ed use, together with the condition. 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 and the Indu.trial Area Specific Plan. 4. Based upon the finding. and conclusions set forth in paragraphs 1, 2, and 3 above, this Comission hereby approves the application subject to each and every condition set forth below. Plannina Divi.ion Approval of this request shall not waive compliance with all section. of the Industrial Area Specific Plan and all other City ordinance.. If operation of the facility cau.ee adverse effects upon adjacent busins..es or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and po..ible termination of the UBe. 3) This approval is only for a use which converts factory produced vehicles to en~rgency and police vehicles and any associated office use. Any change or intensification of use shall require a modification to this application. Any signs 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. The facility shall be operated in conformance with the performance standards as defined within the Industrial Area Specific Plan including, but not limited to, noise levels. 6) The facility shall be operated in conformance with any requirements imposed by the Fire District. PLANNING COMMISSION RESOLUTION NO. CUP 93-06 - TDMWORLD CONVERSIONS May 12, 1993 Page 3 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF MAY 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 12th day of May 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS= COMMISSIONERS: DATE: TO: FROM: BY: SUBJECT: May 12, 1993 Chairman and Members of the Planning Commission CITY OF RANCHO CUCAMONGA STAFF REPORT Brad Buller, City Planner Scott Murphy, Associate Planner CONDITIONAL USE PERMIT 93-07 - LEVI - A request to establish a billiard hall with on-site consumption of beer within an existing commercial center in the Community Co~nercial Designation (Subarea 3) of the Foothill Boulevard Specific Plan, located at the southwest corner of Foothill Boulevard and Ramona Avenue - APN: 208-301-15. PROJECT AND SITE DESCRIPTION: Site Characteristics: The site is presently developed with a 33,906 square foot co~nercial center. The shops are aligned along the south and west property lines in an "L" shape with a free-standing pad at the northeast corner of the site. An alley is provided along the south side of the site. Ramona Avenue borders the east side of the center. B. Surrounding Land Use: North - Gas station South - Single family residential East - Mobile home park West - Automotive repair, U-Haul rental C. Parking Calculations: Type Square of Use Footage N,~mher of Number of Parking Spaces Spaces Ratio Required Provided Commercial Center 33,906 4.5/1,000' 153 159 The 4.5 spaces per 1,000 square feet is based on the recently adopted revision to the Parking section of the Development Code. This flat rate assumes less than 15 percent restaurant users and less than 10 percent office. ITEM C PLANNING COMMISSION STAFF REPORT CUP 93-07 - LEVI May 12, 1993 Page 2 ANALYSIS: General: The applicant is proposing to establish a billiard hall within "Plaza de Las Brisas." The business will utilize lease space along the west side of the center, backing up to the automotive repair/U-Haul facility. The applicant is proposing to install 15 billiard tables, 2 foosball tables, several video games, and a bar. Snacks, soft drinks, and beer will be served from the bar. The facility will be open from 12 p.m. to 1 a.m., Monday through Thursday and 12 p.m. to 2 a.m., Friday through Sunday. The facility will allow customers of all ages until 7 p.m., after which customers must be 18 years of age or older. The number of employees will range from 2 to 6 and will all be 21 years of age or older. Amusement Devices: The applicant may be permitted to have more than three video games, as proposed, through the CUP process. The games must be supervised by an adult and are not allowed to block entries, exits, or aisles. The floorplan (Exhibit "C") indicates approximately five feet of aisle. Based upon past Con~nission actions, staff recommends conditions of approval regarding the placement, supervision, sound attenuation, and loitering. Compatibility: The main consideration with any use proposed within an existing center is one of compatibility. As a condition of approval, the applicant will be required to submit plans to the City for review. This review will be conducted to ensure compliance with Building and Safety and Fire District requirements. These requirements, aside from providing adequate fire separation, also offer a degree of sound attenuation. In addition to the sound attenuation, the majority of businesses within Plaza de las Brisas close between 6 p.m. and 8 p.m. The units i~ediately adjacent to the proposal are vacant and Swifty Signs, which closes at 6:00 p.m. Because the majority of the business for the billiard hall is expected in the evenings, the impact on other businesses is further limited. The site plan of the center provides a small secondary parking lot (~0 stalls) im~nediately off the alleyway that divides this project from the residential homes to the south. To mitigate any unnecessary late night use of that parking lot, staff would recomend that parking in that lot be prohibited between 9 p.m. and 7 a.m. A condition of approval has been included in the attached resolution. De Code Compliance: The Building and Safety Division and the Fire District have reviewed the proposed floor plan for the billiard hall. Generally, they find the plans consistent with their requirements. Detailed plans must be submitted for review and approval to ensure complete Code compliance. Conditions of Approval have been included to require plan submittal prior to the issuance of building permits or occupancy. PLANNING CO~4ISSION STAFF REPORT CUP 93-07 - LEVI May 12, 1993 Page 3 Correspondence: Staff is in receipt of a letter from an adjacent resident expressing concerns about the proposed serving of beer at the billiard hall (see Exhibit "G"), and the n%unber of other facilities serving beer and/or alcohol in proximity to the proposed business. However, the Foothill Boulevard Specific Plan designates the incidental serving of beer and wine as a permitted use. Additionally, as noted in their memorandum, the Police Department has found few problems with similar facilities, except for the Rockets & Pockets facility in Upland. RECOMMENDATION: Staff recom~ends that the Planning Commission approve Conditional Use Permit 93-07 through adoption of the attached Resolution of Approval. Respec~lly submitted, BB:SM/jfs Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Site Plan Exhibit "C" - Floor Plan Exhibit "D" - Memorandum from Fire District Exhibit "E" - Memorandum from Building & Safety Division Exhibit "F" - Memorandum from Police Department Exhibit "G" - Letter of Protest Resolution of Approval TO: ~ IT MAY CONCERN F~O~: MORD~]C~AI AND C~RISTINE T.RVI DATE: MAR(~ 31, 1993 RE: PLANS TO OP~ UPSC~T.~. BILLIARD ~_arSirand/orMa~m, Our businesswill beanupscale billiard and sportsbar. will be for people of all ages to enjoy. It will consist of The billiard tables, two foosball ~bles and a variety of video games. The sportsbar will consist of softdrinks, beer, sandwiches and lite snacks. There willbea big~nTV that will feature all the main sporting events and music vide. On the largest shift wewillhave four ~,~1oyees. Our businesswill be family ownedandoper- ated. The hours of o~eration will M-Th 12 PM to I AM and F-Su 12 PM to 2 AM. The rea- sc~ for the C.U.P. in this locatio~ is because it's z-_o~ed_~ pro~_rly for the use of a billiard and cequires a C.U.P. Sincerely, - t=m VNO~V~ " RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MEMORANDUM TO:. FROM: DATE: SUBJECt: Scott Murphy, Associate Planner Kevin Walton, Fire Inspector ~ April 22, 1993 PROPOSED BILLIARD HALL, 9819 FOOTHILL The proposed billiard hall will be required to comply with the California Code of Regulation Title 24 o California Building Code for public assembly occupancies. Typically, the areas requiring compliance are exiting, exit signage, exit illumination, interior finish and interior decoration rating. Should you have any questions, you may contact me at extension 2505. KW/ss TECHNrCAL REV[i~'"'~ COl'~/~HT SHEET Wo DATE, TOt FRON= SUBJECT~ CITY OF RANCHO CUCAMONGA MEMORANI UM : ,, . SCOTT MURPHY, Associate Planner City of Rancho Cucamonga /~~ MICHAEL INGRAM, Lieutenant Rancho Cucamonga Police De APPLICATION FOR BILLIARD HALL - ~ROJECT CUP 93-e7 In review of the site and floor plans, the Police Department has no problem. There are however, several questions that come to mind in the interest of public safety and business operation. We understand that alcoholic' beverage will be available and that minors will be allowed on premise during sale. What measures will be in place to insure alcoholic beverage controls are adhered toy On checking past calls for service in and around the proposed business location, we have found very few incidences requiring police intervention. As is customary, the police department is usually one of the first to hear complaints or be requested to resolve problems emanating from a particular establishment. If the application is granted, we will monitor any unusual changes in the surrounding area. If these changes are found to be illegal in nature or a threat to the public safety, the police department will take appropriate legal measures. Upon checking with other police agencies from surrounding cities, only one department claimed to have problems with a billiard establishment. Upland Police Department advised that 'Rockets & Pockets", located at 1379 E. Foothill Blvd., has had a significant number of crimes attributed to that business. They advise "Rockets & Pockets" has a predominant juvenile clientele. Please contact me if you have any further questions or concerns re.garding this issue. MEI,mei/2464 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-07, A REQUEST TO ESTABLISH A BILLIARD HALL WITH ON-SITE CONSUMPTION OF BEER WITHIN AN EXISTING COMMERCIAL DESIGNATION (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN~ 208-301-15. A. Recitals. (i) Mordechai and Christine Levi have filed an application for the issuance of Conditional Use Permit No. 93-07 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 12th day of May 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, end 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 Comm£seion during the above-referenced public hearing on May 12, 1993, including written and oral staff reports, together with public testimony, this Co,mission hereby s~ecifically finds as follows: (a) The application applies to property located at the southwest corner of Foothill Boulevard and Ramona Avenue with a street frontage of 530 feet along Foothill Boulevard and 260 feet along Ramona Avenue. The property is presently developed with a commercial center; and (b) The property to the north of the subject site is designated for commercial uses and is developed with a gas station; the property to the south, across an alleyway, is developed with single family residences7 the property to the east, across Ramona Avenue, is developed with a mobile home park~ and the property to the west is developed with an automotive repair and U-Haul business7 and PLANNING COMMISSION RESOLUTION NO. CUP 93-07 - LEVI May 12, 1993 Page 2 (c) The application will provide for the installation of 15 billiard tables, 6 foesball and video games, and a bar serving snacks, cold drinks, and beer~ and and I a.m., Sunday~ and (d) The business will be operated between the hours of 12 p.m. Monday through Thursday, and 12 p.m. and 2 a.m., Friday through (e) The development of the billiard hall is consistent with the Co~mun£ty Commercial designation of the Foothill Boulevard Specific Pl&n and the Commercial designation of the General Plan~ and (f) The application, along with the attached conditions of approval, will comply with all applicable standards of the Development Code. 3. Based upon the substantial evidence presented to this Co~mission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 ~bove, this Co~mission 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 CO~mission 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. Plannine Division 1) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan and all other City ordinances. 2) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Plarming C~a~iseion for consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. CUP 93-07 - LEVI May 12, 1993 Page 3 4) 9) lo) Any signs proposed for the facility shall be designed in conformance with the Uniform Sign Program for Plaza de Las Brisaz and the Comprehensive Sign Ordinance and shall require review and approval by the Planning Division prior to installation. The maximum number of billiard tables shall be limited to 15. The hours of'operation of the facility shall be limited to 12 p.m. to I a.m., Monday through Thursday and 12 p.m. to 2 a.m., Friday through Sunday. No person under 18 years of age may enter, be, or remain during the hours school is in regular session and after curfew. This limitation shall be prominently posted at the entrance of the facility, in letters not less than l-inch in height, and shall be enforced by the adult supervisor. Adult supervision of the video games shall be maintained at all times during business hours. Change-making or token exchange facilities shall be provided for video game patron use inside the premises. Access to the game area must be from the main entrance to the primary use and not from a separate exterior entrance. The rear exit shall be for "Fire Exit Only' and clearly labeled as such. Adequate interior clear space shall be provided for safe and convenient patron circulation and shall meet the following minimum standards: a) Amusement devices (i.e., video games) shall be located no closer than 12 inches from any wall assembly separating the arcade from any adjacent building or portion of a building. b) Provide a minimum of 60 inches between amusement devices and any entrance or exit. PLANNING COMHISSION RESOLUTION NO. CUP 93-07 - LEVI Hay 12, 1993 Page 4 c) Where amusement devices are located along one side of an aisle, provide a minimum unobstructed aizle width of 66 inches. Where amusement devices are located along both sides of any aisle, provide a minimum unobstructed aisle width of 90 inches. d) Additional interior clear space may be required by the Building Official, Foothill Fire District, or Sheriff's Department in order to maintain public safety. e} The Planning Division shall be contacted for inspection. 11) The walls, ceiling, or floor or any combination thereof, of the building or structure, or portion thereof, zhall be .insulated or otherwise constructed so that no vibration that is detectable without the aid of any mechanical device or instrument will be allowed to be on the outer perimeter of the arcade. 12) All parking lots shall be posted 'No Loitering' in letterz not less than 1-inch in height on signs to the gatizfaction of the City Planner and Sheriff's Department and the parking lot immediately adjacent to the alleyway shall be posted to prohibit parking between the hours of 9=00 p.m. and 7=00 a.m. 13) The City Planner may require a wrought iron security gate between the plaza and the secondah'~ 10-stall parking lot if, in his opinion during the operation of this business, access to and from the alleyway should be restricted. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF MAY 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman PLANNING COMMISSION RESOLUTION NO. CUP 93-07 - LEVI May 12, 1993 Page 5 ATTBST= 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 Commils£on of the City of Rancho Cucamonga, at & regular meeting of the Planning C~.-..Lssion held on the 12th day of May 1993, by the following vote-to-wit~ AYES= COMMISSIONERSz NOES= COMMISSIONERS= ABSENT: COMMISSIONERS= DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: APPUCANT SHALL CONTACT THE PLANNING DIVISION, (714) 9~-1861, FOR COMPUANCE WITH THE FOLLOWING CONDmONg: A. Tim® Umltl 1. APlXOVal shall expire, unie~ extended by the Platming Co,,.,..~elon, if building permits are not issuedor al~Uas hslnot(=o~w#hin 24 monthBhomths dateof approval. 2. DeveiolXVN)nl/l:)asignRevtewiheitbeN31~ovedlXl(xto / / is granted sul~ect to the approval of __/ / __/ / sc. 2/91 The daveioper shel co,,.,ince, pmticipatt in, and tarautomate er cau# to be (~ommenced, pmlicil~lted in, or conautomated, a MII!o rtool community Fadll~ ~ (CFD) for the Rancho Cucamonga Fire Pfoteclion District to finan~ corotruction ancVor maintenance of a fire station to asgve the dlvllOp ,~i.iL The station Iheil be iotated, dlal~, and built to all speciticationl of the RlnCho Cu~amongl Fire P~M_~n District, and Ihd become the Districts prol~fty upon (x.,~J#Mn. The ~ ~ be ~4Kted by the District in accorcience ~ III n#dl. In any building of · aaion, the d~v~loplr shill comply ~ all ~p~i=~w rows and reguWk)ne. The CFD she, he formed by the Oi~ ~1 tl~ deveioper bythetime ric0..t ~J~ n of the final map oecun. 5. Prior to recordatk~l of the final map er the is.suan(~e of building pemdtl, whichever comes first, the applicant shag congem to, or parti~ in, the ~ of a Malk)-Roos Community Facilitias Dietdct for the cx)nstm(~ton and maintenance of necas.ry school facilities. However, ff any school district ha~ prlvtooNy astlbliellld ~ I Community Facilities District, the ~ shall, in the alternative, conlent to the annexation of the project site into the territory of ~h existing Dietriot prior to the recordation of the final map or the issuance of building perm~, whichever comas firK. Further, il the affected school district has not formed a Melo-Roo$ Community Facilltiel D~dct within twine months from the date of approval of the project and I:Xtor to the recordation of the final map or issuance of building i~rmits for said pro~ct, thie cofldition 6hall he ~ null ~ void. / / This condifion shall be waived if the ¢ify receives notice that the applicant and all affected school distdcts have entered into an agreement to privately accommodate any and all school impacts as a result of this prelect. 6. Prior to reoordation of the final map or prtor to issuance of building parmits when no map is involved, writtan certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be su13mitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in tha case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development './ t. The site shall be developed and maintained in accordance with the ageroved ptans which include site plans, architectural elevations, exterior matl~lle and (~4orl, landscaglng, sign program, and grading on file in the _Pla~ning DIViIlon, ttm ~ c~ntained herein, Development Code regulations, and ,,~'///z~ ~:, / / v' Specific Plan and Planned Community. 2. Prior to any use of the project site or buslnes8 activity being commenced thereon, all Conditions of Al~rOval shall be completed to the satlelac:tion of the City Planner. 3. Occupancy of tbe facilily shelt no~ commence until suci~ time a~ all Un#on~ Building Code and State Fire Marehairs regulations have been complied with. Prior to cmgupancy, plane shall be submitted to the Rancho Cucamonga Fire Protection DISMet and the Building and Safety 4. Revised site plans and building elevatlom inomporating all Conditions of AglXOval shall be submitted for City Planner review alxl aggeoval prior to issuance of buildling parn'its. 5. All site, grading, landscape, irrigation, and atreet i,,~ove;,~;d plans shaif beesordinated tor consistency prior to issuance of any permas (8uc~ as greding, tree removal, encroachment, build~g, etc.), or prior to fkm map aggroval In the case of a custom lot sulx#vislon, or · apGxoved use has CO,,.,~InC;Cl. whlohlver com~ fir!L o Approval of this requast shall not waive comp#anco with all se~om of the Oevelopmem Code, all omer appl'.c~tYe City Ordinancas, and eppq~-'-I. Community Plane or Specific Plans in effect at the time of Building Permit issuance. A detailed on-site IigNthg pill1 8hel IM revJowod ~ approved by the Cly Planner and Sheriff'$ ~ (98~11) pdor to till issuance of I:luik:Jing I~. Sucll glan shall indicate style, illumination, location, heigN, and metha<l of shielding so as not to adversely / / 8. If no centralized trasl~ receplacias are pmvkMd, a" ~ pick-up shell be for individual units with all recagl~Jas shlek:led from pul~ view. / / Trash receptacle(s) are required and shell meet City starglaKM. The final design, locations, · . and the numeor of trash rece~ac~ shelll~esu'oiectto CllyPlarmer revlewandappmval __/ / sc- 2/91 __ 10. All ground-mounted utility appurtenances suc~ as tranMormers, AC condensers, etc., shall be located out of public view and adequately scroensd thn:xJgll the use of a combination of concrete or masonry walls. betming. an(t/or landacaping to tl~ setislactlon of the City Planner. DATE: TO: FROM: SUBJECT: May 12, 1993 CITY OF RANCHO CUCAMONGA STAFF REPORT Chairman and Members of the Planning Commission Brad Bullet, City Planner Nancy Fong, Senior Planner ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A consideration to modify, suspend, or revoke an entertainment permit granted for the following entertainment uses: disc jockey doing vocals, playing records, and videos; live acts such as comedy, magic, dancing, and fashion shows; live bands (5 members or less); lip syncing; special promotions such as talent night contests, promoting sports teams, major sports events through satellite TV, college bowl, and trivia questions contests, in conjunction with a restaurant and bar located at 10877 Foothill Boulevard - APN: 208-351-75. ABSTRACT: This review is due to the re-occurring public safety nuisances caused by the entertainment provided by Backwaters, a restaurant, bar, and nightclub. The purpose of this review is for the Commission to consider the evidences presented in this report and to revoke Entertainment Permit 91-04. A condition of approval for the Entertainment Permit stated that if the entertainment use causes law enforcement or fire safety problems, the Planning Commission shall review the permit for possible revocation, suspension, or modification. BACKGROUND: On December 11, 1991, the Commission conditionally approved an Entertainment Permit for Backwaters for a variety of entertainment uses as listed in the title of this report. Since November 1, 1992, law enforcement and fire safety problems have continued to occur on and around the site. The type of problems that have occurred include, overcrowding, illegal overflow parking, shootings, burglary, vandalism, battery, etc. Most of these problems have occurred on Sunday nights and early on Monday mornings. Both the police and fire departments have had to expend a considerable amount of time and manpower to address the problems of this business. Staff has brought these issues to the attention of the applicant, Mike Sims and Arthur Bean, owner and manager of Backwaters, respectively, over the last three months. Both Mr. Sims and Mr. Bean have assured staff that the problems will be corrected and will not re-occur. Though specific problems associated with specific entertainr~ent have been addressed on a came-by-case basis, Sunday nights continue to have incidences of overcrowding, illegal parking, shootings, assault, battery, and vandalism. ITEM D PL~/~NING COMMISSION STAFF ~PORT EP 91-04 - MIKE SIMS May 12, 1993 Page 2 · /~YSIS: This section of the report describes the problems caused by the ente~cainment use7 identifies the impacts to law enforcement and fire resources and the surrounding businesses and properties. Summary of Problems Caused bv Entertainment Use= One of the approved entertainment uses is the special promotion of performance or appearance from known disc jockeys end entelsin.rs (individuals or groups}, spoz~c celebrities for signing autographs, etc. In the past six months, the special promotions were held mostly on Sundays. Because the special events were highly advertised, a treraendous nun~er of patrons turned out for the events. The majority of the special promotions attracted from 500 to 600 people according to the observations from police and fire officials. According to the Fire District, the m~u~im~ occupancy is 532. This high n~er of patrons resulted in overflow parking and an increase in disturbances and other related cribsinai activities, which are described below. Police Resource ImDact: Between Nov~er of 1992 and April of 1993, the l~lice responded a total of 27 times to Backwaters. In 18 of the total responses, a rel~ort was filed, and they are categorized and listed below. 1. Attempted Murder (1 shooting incident) 2. Assault with a Deadly Weapon (2 shooting incidents) 3. Assault with Serious Bodily Injuries (1 occurrence) 4. Battery (2 occurrences) 5. Disturbances and Reports of Incidents (3 occurrences) Possession and/or Concealmnt of Stolen Guns (2 occurrences) 7. Attempted Grand Theft-Vehicle (1 occurrence) 8. Burglary-Vehicle (2 occurrences) 9. Vandalism & Lost Properties (3 occurrences) 10. Bon~ Threat - False Alarm (1 occurrence) In an attempt to alleviate the problems generated by Backwaters, City staff, including police officials, initiated discussions with the applicant so as to find ways of resolving these issues. For example, police officials requested that the applicant inform them of planned special promotions and the anticipated crowds so they may be prepared. The applicant stated they will cooperate with the police, yet have failed to inform them of the four planned special pr¢~otions bergen March and April of this year as outlined in Exhibit "B." To address some of the police concerns, the applicant stated they would no longer advertise in the Los Angeles County area. Police officials have retrieved advertising signs that indicated they continued to advertise in the ~s ~ulgeles and Riverside County areas. In addition to the above incidents, two traffic violations were directly related to Backwaters. One involving driving under the influence (DUI), the other a traffic collision. Both cases involved minors (18 year olds), who ac~itted they had been drinking in Backwaters. The Police Chief has sununarized the law enforcment problems as shown in Exhibit PLANNING COMMISSION ST~tFF REPORT EP 91-04 - MIKE SIMS May 12, 1993 Page 3 Fire Resource Impact: Based on the chronology prepared by the Rancho Cucamonga Fire District as shown in Exhibit "C,' it showed a consistent trend of overcrowding in the restaurant when they had special promotions. Although the last two months show no overcrowding, the Fire District continues to expend t~me and personnel to monitor the overcrowding problem and to respond and treat patrons or victims within the restaurant parking lot as a result of disturbances, shootings, battery, and assault. De Parkina Issue and the Impact to the Surroundins Businesses and ProDerties~ The total number of parking spaces available on site is 161, which is adequate in accom~odating the restaurant business. However, it is the special pro~otions and large turnouts of patrons that result in illegal parking on public streets, adjacent vacant dirt fields and private parking areas from adjacent businesses. The al~plicant, in one of the meetings with City staff, has stated that they used the Great Western Heritage Inn parking area and the unoccupied Medical Complex parking area at the end of Spruce Street. In addition to the parking impact, the General Manager of Heritage Inn stated that they have experienced other impacts such as property damage and loitering by patrons of Backwaters in the hotel area, as outlined in the April 8, 1993, memo to the Rancho Cucamonga Police (see Exhibit Based on the above analysis, staff concluded that there is substantial evidence that the business is conducted in a manner contrary to the peace, health, safety, and general welfare of the public~ that the entertainment provided by Backwaters created a drain to the law enforcement and fire resources~ and the entertainment causes a negative impact to the surrounding businesses. PLANNING COMMISSION CONSIDERATIONS= According to Entertainment Ordinance No. 290, the commission may revoke an Entertainment Permit if it is determined that the applicant= Made any false, misleading, or fraudulent statements in their application~ or 2o Violated any provision of Entertainment Ordinance No. 290 or any other regulation or condition relating to his permitted activity~ or 3. Is convicted of a felony, or any cr~ae involving moral turpitude; or Violated any regulations or conditions adopted by the Planning Commission or City Council relating to permittee's business or permit; or 5. Conducted business in a manner contrary to the peace, health, safety, and general welfare of the public~ or 6. Demonstrated that he is unfit to be trusted with the privileges of such permit. PLANNING COMMISSION STAFF REPORT EP 91-04 - MIKE SIMS May 12, 1993 Page 4 If the Planning Co~_~esion revokes the Entertainment Permit, the Commission should specify in their revocation action a minimum time period to reconsider any new application for an Entertainment Permit. The result of this action would be that the applicant can continue to operate the restaurant and bar but without the entertainment. The applicant may in the future reapply for a new Entertainment Permit. RECOMMENDATION: Staff recommends that the Planning Commission conduct the public hearing and revoke Entertainment Permit 91-04. Staff will provide an appropriate Resolution for action at tonight's meeting. If, after considering the public testimony, the C~reailsion determines that there is still an opportunity to work with the applicant in developing mitigation meamures for the problems and nuisances, then the Co~iseion may chose to suspend the Entertainment Permit. City Planner BB:NF/Jfs Attachments: Exhibit 'A" - Site Plan Exhibit 'B# - Memo from the Rancho Cucamonga Police Department dated April 12, 1993 Exhibit 'C' - Memo from the Rancho Cucamonga Fire District dated April 7, 1993 Exhibit "D' - Floor Plan Exhibit 'E' - Memo from the Heritage Inn°s General Manager dated April 8, 1993 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE.* TO: FROH: April 12, 1993 BRAD B~LLKR, C~TY PLANNER CI?Y OF RANCHO CUCAMONOA BR~CE ZKZNKR, CHZRP OF POLICE RANCHO CUCANONGA POLICE DEPAR?MENT SUBJECT** BACKWATERS UPDATE On February 3, 1993 at 1200 hours, a meeting was held in the Executive. Conference Room of the Rancho Cucamonga Police Department for the purpose of discussing the situation at Backwaters Restaurant/Night Club as of that data. Members prasant at the meeting includad yourself, Chief of Polica Bruca Zeiner, Firs Chiaf Dennis Michael, and two (2) other members of the police and fire departments. Mr. Michael Sims, president of Backwaters, and his General 'Manager, Art BaSh, wars alas present, along with two (2) additional members of their staff. As of January 11, 1993, a memorandum from Chief Zeiner, directed to City Manager Jack Lam, had been prepared documenting problems at Backwaters since its opening (see attachment A). At the aforementioned meeting on February 3, 1993, a letter was presented to Mr. Sims and his staff, outlining the cities concerns. Mr. Sims was also verbally advised by City staff members of the concerns and requirements for parking, the type and large numbers of patrons being drawn to Backwaters (predominately on Sunday nights), the impact of Backwaters' patrons upon surrounding businesses and the community, the need to control their capacity limit, the need to communicate with police officials pertaining to the operations and planned events, and £inally the question as to whether they were advertising in Los Angeles County. Mr. Sims assured the city staff members that every effort would be made to correct or work on the points that had been presented. He was reluctant, however, to conceded that problems which did not actually occur within Backwaters were his responsibility. Sims also indicated that as of the meeting date, they were no longer advertising in Los Angeles County. Mr. Sims was also agreeable to a proposal in which his general manger, Art Bean, would have a weekly to bi-weekly dialogue with Lieutenant Henry of the Rancho Cucamonga Police Department for the purpose of exchanging information as it pertained to Backwaters and the above concerns. Page 2 April 7, 1993 BACKI~ATB~S UPDATE Subsequent to the meeting on February 3, 1993, we continued to experience problems at Backwaters as documented on our sergeant's "pass-on logs". These problems included illegal parking and another gun incident involving five (5) gang member types from the Los Angeles County area. Mr. Bean was advised of these incidents and the attitude from Backwaters continued to be "well they weren't inside the club." On Wednesday, March 17, 1993, during the morning hours a radio event was organized at Backwaters which drew hundreds of people from throughout Southern California. Illegal parking problems resulted in a police response to the facility. At that time, Mr. Sims advised that the event was a charity function for the "Let's Make A Wish Foundation." Be said that radio station K-BEAT 93.2 FM out of Los Angeles was promoting the event and that the station could be heard all the way to San Diego. However, Sims tried to downplay the event by saying he only expected 20-30 cars. As ! was talking with Sims and Mr. Bean about the event we were approached by a female, who was identified'as being affiliated with the radio station and she stated to Mr. Siml, "Mike, I told you there would be at least 600 people here." ! proceeded to tell Mr. Sims and Mr. Bean that law enforcement appreciated their charitable efforts, but that they should have notified us about the event and in the future should let us know about plans for large events in advance. On Sunday night, March 28, 1993, and early Monday morning March 29, 1993, Backwaters held another large event in which they did not notify us of their plans. A live band was brought in to perform and the result was an excessive illegal parking situation, a large disturbance caused by Backwaters' patrons at the Best Western Heritage Inn, and large amounts of trash being left in parking lots belonging to other businesses near Backwaters. The crowd and parking situation was such that it was necessary for the entire police department 3rd shift to be held overtime to assist the let shift in controlling the problem. On Monday, March 29, 1993, I was advised of the problems the previous night and was told that rumors had been heard about a similar event involving a "rap performer" to be held. at Backwaters that night. Mr. Bean was contacted and he was advised of.our concerns about the previous evening and was questioned about the coming evening. He confirmed that they were having a "rap star" that evening, but "he was only going to sign autographs" and that they did not expect a large crowd with the resulting parking problems. The shift watch commander, who entered Backwaters, estimated the crowd to be gql.-O4e m 7 Page 3 April 7, 1993 BACKWATERS UPDATE far in excess of capacity, appeared to be gang type individuals, and 58 illegal parking citations were issued. On Tuesday, Hatch 30, 1993, a meeting was held with Hr. Sims and Hr. Bean for the purpose of discussing the possibility of expanding their psires capacity. At thst meeting the events of the previous two (2) nights were discussed and city staff members Brad Bullet from the planning department, Lieutenant Joe Henry from the police department and Ralph Crane from the fire department were again assured by Sims and Bean that they wished to work with city officials and that the live events of the two previous nights hsd been more than they expected and they would not hold events like that again. They were again advised of their impact upon their neighbors and.the resulting drain upon police resources and the need to call in advance pertaining to large activities at their establishment. On the morning of April 1, 1993, I was made aware of two separate incidents that had occurred the previous evening as a result of patrons who had been at Backwaters. In both incidents, one which involved a D.U.I. driver and the other which involved a traffic collision, eighteen (18) year olds who were involved admitted to have been allowed into Backwares and had been drinking. This information was passed on to Hr. Sims and Mr. Bean. During the early morning hours at about 0200, Henday, April 5, 1993, a shooting incident occurred in the parking lot at Backwaters. About 15-20 shots were exchanged by two groups of people who had been patrons at the estsblishment. An eighteen (18) year old was hit in the arm during the exchange and he also subsequently admitted to having been drinking while inside. The incident again required the use of all city police resources and initially both Backwaters management and security personnel were a hinderance to the investigation and controlling their patrons. The drain upon police resources continues to be a major concern, as well as the on-going parking problems, effect surrounding businesses, and the escalation of violent incidents. There continues to be concern that the ownership/management is simply telling us that they .want to co-operate, however, the problems continue. For example: one of the gun.related incidents arising out of Backwares went to court on April 7, 1993 and had to be dismissed due to witnesses (security personnel employed by Backwaters) failing to appear in court. Another concern is the denial by Backwaters management that they are advertising outside of San Bernardino County. A sign was retrieved (one of many) from a Page 4 April 7, 1993 BACKWATERS UPDATE post in the Pomona area advsertising an event at Backwaters on March 24, 1993. The above information is a summary of events relating to Backwaters. Full documentation is available as needed. BZ/JH:LA RflNCHO CUCflMONGfl FIRE PROTECTION DISTRICT MEMORflHDUM TO: Brad Buller, City Planner i~ APR Z FROM: Ralph Crane, Deputy Fire Marshal ~9,[~,[~]2~1.,~ , ~ _", DATE: 4/7/93 SUBJECT: District Activities Related to Backwaters As requested, a chronological overview of District activities involving Backwaters restaurant follows: 12/91 thru 1192 Code review meetings held with Backwaters, resulting in an Assembly permit approval on 1/31/92. 5/8-9/16/92 Several attempts made, requesting a floor plan of seating changes and to achieve written assurance that overcrowding would not occur again. No response received. Backwaters notified of $190 plan check fee due, unpaid to date. 5/25/92 Inspection, overcrowded (268 posted,' +400 observed), citation issued to Art Bean, Mgr. 6/1/92 Inspection, overcrowded, warning given. 11/25/92 Received notice from alarm company that required alarm system monitoring was being disconnected due to non payment of service fees. 12/9/92 2/3/93 2/14/93 3/9/93 3/13/93 3/18/93 3/23/93 Inspection to verify proper monitoring. Noncompliance observed, firewatch required. During inspection, observed noncomplying interior finish, a spray on foam plastic "cave' look, served notice requiring compliance or removal, Mr Sims had it removed on 12/17/92. Also observed unpermitted ticket booth built onto south entrance with no sprinkler coverage, served notice requiring appropriate permits or removal, Mr Sims had it removed on 2/18/93. Meeting @ RCPD to discuss increasing concerns at Backwaters. Inspection, no overcrowding. Unpermitted dancing occurring in the dining area, notice served allowing dancing .to continue temporarily but not to exceed occupant load posted for dining. Staff warned to discontinue blocking exits during cleanup in banquet room. Received notice from alarm company that required alarm system monitoring was being disconnected due to non payment of service fees. Several contacts made to ensure uninterrupted monitoring. Dispatched to 'alarm problem'. First arriving "startup' staff member had tripped the security alarm when he entered the south entrance door left unlocked from the previous night. Inspection for overcrowding, based upon reports of "big crowd" in early A.M., no overcrowding observed, no occupant load counting by Backwaters staff was oocurring. Meeting with Backwaters in Planning to discuss increasing concerns and the dancing activity occurring in the dining area. l ql cq The following is a synopsis of emergency responses to 10877 Foothill from 5/10/92 to 4/5/93: 05/10192 05/24/92 08/02/92 11/23/92 01/29/93 03/07/93 03/13/93 04/05/93 Rescue, possible heart problem Rescue, injured subject Other Emergency, overcrowding Rescue, seizure Rescue, fall victim Rescue, assault victim Other Emergency, reset alarm Rescue, shooting victim cc: Aimand Michael Henry EP 91-04 BACKWATB~'S 10877' Foo~h~l! B~vd. Rancho Cucamonsa, CA 91730 12,355 Sq. Ft. Dinins & Bar -Floor Plan same as "Polo Groun~s"-NAME CHANGE ONLY. FI~OM:MRNNERINO & ~I~IGUGL[O-DM TO: 7149896~99 M~Y. l~, i99~ 10:S3AM P.O~ MANNERINO BRIGUGLI , ,)OHN ^NN R NO SAI.. BRIGLiGLIO MITCHELL RO'I H May 12, 1993 VIA FACSIMILE TRANSMISSION (909)987-6499 Mr. Brad Buller Planning Department CITY OF RANCHO CUCAMONGA P.O. Box 807 Rancho Cucamonga, CA 91729 Re: Backwaters/Conditional Use Permit #91104 Dear Mr. Bullet: With regard to the above-reference matter, by this document we do hereby request a continuance of the Conditional Use Permit review presently set for this evening, May 12, 1993, at 7:00 p.m. to May 26, 1993. The purpose of this continuance is to allow us to finalize an off-sAte parking relationship and address certain other concerns of the Fire and Police departments, which steps are currently in progress. This is our first such request for a continuance and we see little prejudice to the City for this fourteen (14) day extension. Thank you for your cofisideration. Very t~y yoursv ~ JO~ D. ~ERINO J 9333 BAS[LiNE ROAD, SUITE 110 / RANCtlO CUCAMONGA, CA 91730 / 1EL (909)980.1100 / I:AX (909)94~,-8610 INDEPENDENTLY O~NED 8~ OPERATED To: Lieutenant Joe Henry/Rancho Cucamonga Police From: Andrew Hall/General Manager Re: Backwaters Date: April 8, 1993 This is a follow up to our conversation regarding the numerous negative incidents that have occurred at Backwaters nightclub. Our location (directly across the street) allows easy ~cess for the Backwater Datrons to loiter in the hotel parkinq loT, lobby, restrooms, and other areas. Recently, .a.la~ge group of non'guests caused damage to a hotel lobby lamp,glass- top table, and telephone. The additional influx of non-guest is a burden on Lhe security, staff, and guest. We are optimistic that a solution can be reached that will allow for Backwaters, Heritage Inn, and the City of Rancho Cucamonga to coexist. Thank you for your ~ime and attention to this matter. Since.rely~ Andrew Ball General Manager 817~ Si'IitJCE Ag~... RANCH(.) CUCAklO~qGA,'~/A ~1730 · 909 '/466'-1ill ~ I ~30;6'SLSTAY RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT PERMIT NO. 91-04 FOR BACKWATERS, A RESTAURANT, BAR AND NIGHTCLUB, LOCATED AT 10877 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN= 208-351-75. A. Recitals. (i) On December 17, 1991, the Planning Commission adopted Resolution No. 91-190, approving Entertainment Permit No. 91-04 for Backwaters, a restaurant, bar and nightclub with the following entertainment uses: disc jockey doing vocals, playing records and videos~ live acts such as comedy, magic, dancing and fashion shows~ live bands (5 members or less)~ lip syncing~ special promotions such as talent night contest, promotion of sports teams, major sports event through satellite TV, college bowl, and trivial questions contests, subject to specified conditions. (ii) On May 12, 1993, the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing to determine whether substantial evidence existed to support the revocation of Entertainment Permit 91-04. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, deter~!ined, 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 May 12, 1993, including written and oral staff reports, together with testimony from the public, the Rancho Cucamonga Police Department and F£re Protection District, this Commission hereby specifically finds as follows= (a) The special promotion of entertainment provided by Backwaters has attracted a high number of patrons creating overcrowding, illegal overflow parking, and criminal activities. (b) The police have responded 27 times to Backwaters between November of 1992 and April of 1993. Of the total, 18 reports have been filed which range from attempted murder, assault with a deadly weapon, assault with serious bodily injuries, battery, possession and/or concealment of stolen guns, attempted grand theft and burglary-vehicle to vandalism and disturbances. The Police Chief has summarized the law enforcement problems as described in Exhibit "A," attached hereto and incorporated herein by reference. PLANNING COMMISSION RESOLUTION NO. EP 91-04 - BACKWATERS May 12, 1993 Page 2 (c) The chronology prepared by the Rancho Cucamonga Fire Protection District shows a consistent trend of overcrowding in the restaurant when the special promotions were held as outlined in Exhibit "B," attached hereto and incorporated herein by reference. Although the last two months show no overcrowding, the Fire Protection District continue to expend time and personnel to respond to the site as a result of disturbances, shootings, battery, and assault. (d) The public streets and the private parking areas of adjacent businesses have been impacted by the illegal overflow parking of cars from the patrons of Backwaters. 3. Based upon the substantial evidence presented to this conmnission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs i and 2 above, this Commission hereby finds and concludes as follows= (a) The applicant conducted the business in a manner contrary to the peace, health, safety, and general welfare of the public. (b) The applicant demonstrated 'that he is unfit to be trusted with the privileges of such permit. 4. Based upon findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby revokes Entertainment Permit No. 91-04. The applicant may reapply for a new Entertainment Permit one year after the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF MAY 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 Convission of the City of Rancho Cucemonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Plann£ng Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 1993, by the following vote-to-wit= AYES= COMMISSIONERS= NOES= COMMISSIONERS= ABSENT= COMMISSIONERS= CITY OF RANCHO CUCAMONGA DATE: TO: FROM: MEMORANDUM April 12, 1993 BRAD BULLER, CITY PLANNER CITY OF RANCHO CUCAHONGA BRUCE $EXNER, CHXEF OF POLXCE RANCHO CUCAHONGA POLICE DEPARTMENT SUBJECT: ~AC~WAT~RS UPDATE On February 3, 1993 at 1200 hours, a meeting was held in the Executive. Conference Room of the Rancho Cucamonga Police Department for the purpose of discussing the situation at Backwaters Restaurant/Night Club as of that date. Members present at the meeting included yourself, Chief of Police Bruce Zeiner, Fire Chief Dennis Michael, and two (2) other members of the police and fire departments. Mr. Michael Sims, president of Backwaters, and his General Manager, Art Bean, were also present, along with two (2) additional members of their staff. As of January 11, 1993, a memorandum from Chief Zeiner, directed to City Manager Jack Lam, had been prepared documenting problems at Backwaters since its opening (see attachment A). At the aforementioned meeting on February 3, 1993, a letter was presented to Mr. Sims and his staff, outlining the cities concerns. Mr. Sims was also verbally advised by City staff members of the concerns and requirements for parking, the type and large nuubers of patrons being drawn to Backwaters (predominately on Sunday nights), the impact of Backwaters' patrons upon surrounding businesses and the community, the need to control their capacity limit, the need to com~unicate with police officials pertaining to the operations and planned events, and finally the question as to whether they were advertising in Los Angeles County. Mr. Sims assured the city staff members that every effort would be made to correct or work on the points that had been presented. He was reluctant, however, to conceded that problems which did not actually occur within Backwaters were his responsibility. Sims also indicated that as of the meeting date, they were no longer advertising in Los Angeles County. Mr. Sims was also agreeable to a proposal in which his general manger, Art Bean, would have a weekly to bi-weekly dialogue with Lieutenant Henry of the Rancho Cucamonga Police Department for the purpose of exchanging information as it pertained to Backwaters and the above concerns. Exhibit "A" Page 2 April 7, 1993 BACKWATERS UPDATE Subsequent to the meeting on February 3, 1993, we continued to experience problems at Backwaters as documented on our sergeant's "pass-on logs". These problems included illegal parking and another gun incident involving five (5) gang member types from the Los Angeles County area. Mr. Bean was advised of these incidents and the attitude from Backwaters continued to be "well they weren't inside the club." On Wednesday, March 17, 1993, during the morning hours a radio event was organized at Backwaters which drew hundreds of people from throughout Southern California. Illegal parking problems resulted in a police response to the facility. At that time, Mr. Sims advised that the event was a charity function for the "Let's Make A Wish Foundation." He said that radio station K-BEAT 93.2 FM out of Los Angeles was promoting the event and that the station could be heard all the way to San Diego. However, Sims tried to downplay the event by saying he only expected 20-30 cars. As X was talking with Sims and Mr. Bean about the event we were approached by a female, who was identified as being affiliated with the radio station and she stated to Mr. Sims, "Mike, I told you there would be at least 600 people here." I proceeded to tell Mr. Sims and Mr. Bean that law enforcement appreciated their charitable efforts, but that they should have notified us about the event and in the future should let us know about plans for large events in advance. On Sunday night, March 28, 1993, and early Monday morning March 29, 1993, Backwaters held another large event in which they did not notify us of their plans. A live hand was brought in to perform and the result was an excessive illegal parking situation, a large disturbance caused by Backwaters' patrons at the Best Western Heritage Inn, and large amounts of trash being left in parking lots belonging to other businesses near Backwaters. The crowd and parking situation was such that it was necessary for the entire police department 3rd shift to be held overtime to assist the 1st shift in controlling the problem. On Monday, March 29, 1993, I was advised of the problems the previous night and was told that rumors had been heard about a similar event involving a "rap performer" to be held at Backwaters that night. Mr. Bean was contacted and he was advised of our concerns about the previous evening and was questioned about the coming evening. He confirmed that they were having a "rap star" that evening, but "he was only going to sign autographs" and that they did not expect a large crowd with the resulting parking problems. The shift watch commander, who entered Backwaters, estimated the crowd to be Page 3 April 7, 1993 BACKWATERS UPDATE far in excess of capacity, appeared to be gang type individuals, and 58 illegal parking citations were issued. On Tuesday, March 30, 199], a meeting was held with Mr. Sims and Mr. Bean for the purpose of discussing the possibility of expanding their patron capacity. At that meeting the events of the previous two (2) nights were discussed and city staff members Brad Bullet from the planning department, Lieutenant Joe Henry from the police department and Ralph Crane from the fire department were again assured by Sims and Bean that they wished to work with city officials and that the live events of the two previous nights had been more than they expected and they would not hold events like that again. They were again advised of their impact upon their neighbors and the resulting drain upon police resources and the need to call in advance pertaining to large activities at their establishment. On the morning of April 1, 199], I was made aware of two separate incidents that had occurred the previous evening as a result of patrons who had been at Backwaters. In both incidents, one which involved a D.U.I. driver and the other which involved a traffic collision, eighteen (18) year olds who were involved admitted to have been allowed into Backwates and had been drinking. This information was passed on to Mr. Sims and Mr. Bean. During the early morning hours at about 0200, Monday, April 5, 199], a shooting incident occurred in the parking lot at Backwaters. About 15-20 shots were exchanged by two groups of people who had been patrons at the establishment. An eighteen (18) year old was hit in the arm during the exchange and he also subsequently admitted to having been drinking while inside. The incident again required the use of all city police resources and initially both Backwaters management and security personnel were a hinderance to the investigation and controlling their patrons. The drain upon police resources continues to be a major concern, as well as the on-going parking problems, effect surrounding businesses, and the escalation of violent incidents. There continues to be concern that the ownership/management is simply telling us that they want to co-operate, however, the problems continue. For example: one of the gun related incidents arising out of Backwares went to court on April 7, 199] and had to be dismissed due to Witnesses (security personnel employed by Backwaters) failing to appear in court. Another concern is the denial by Backwaters management that they are advertising outside of San Bernardino County. A sign was retrieved (one of many) from a Page 4 Agril 7, 199] BACKWATERS UPDATE post in the Pomona area advsertising an event at Backwaters on March 24, 199]. The above information is a summary of events relating to Backwaters. Full documentation is available as needed. BZ/JH=LA CITY OF RANCHO CUCAMONGA DATE' TO: FROM: MEMORANDUM January 11, 1993 JACK LAR, A.I.C.P., CITY ~%NAGER CITY OF RANCHO CUCAMONGA BRUCE ZEXNER, CHIEF OF POLICE CITY OF RANCHO CUCAMONGA SUBJECT: BACKWATERS Several months ago, Backwaters opened as a combination restaurant and nightclub. Shortly after its opening a "Rhythm and Blues" night was started on Sunday evenings. Almost immediately, we began to experience law enforcement problems. These problems initially were overcrowding within the nightclub, illegal parking, and a lar'ge number of potential patrons standing in line awaiting entrance into the club. As of this date, we are continuing to experience problems associated to the nightclub and its patrons. we have determined that the cliental is predominately from the Los Angeles County area. We have regularly responded to calls for service pertaining to fights was well as reported weapons (usually guns) violations. We also continue to have problems with illegal parking and have to regularly patrol the lot and issue citations. The overflow parking has also impacted the new Heritage Hotel, as Backwaters patrons are using their parking lot. we have also received unsubstantiated reports that hotel employees have been threatened when they asked Backwaters patrons to remove their vehicles from the hotel parking area. Backwaters patrons are also impacting other Rancho Cucamonga businesses, specifically Spires Restaurant. At Backwaters closing time, many of the patrons have been going to Spires to eat and then subsequently leave without paying for their meals. we have also had a shooting incident at Spires in which the persons involved were from Los Angeles County and had been patrons at Backwaters. As of 1/2/93, Sergeant Mascetti, one of my staff members, received information (see attached memo) that many other incidents at Backwaters were going unreported due to a directire from the Backwaters management. Attachment "A" Page 2 January 11, 1993 BACKWATERS we will continue to provide a high visibility presence at Backwaters on Sunday evenings, however, I am providing you with this information for the purpose of asking that the city consider taking action as it pertains to Backwaters conditional use permit. BZ/JH=la attachment RANCHO CUCAMON(iA FIRE PROTECTION DISTRICT MEMORANDUM TO: FROM: DATE: Brad Buller, City Planner Ralph Crane, Deputy Fire Marshal (~--- 4/7/93 SUBJECT: District Activities Related to Backwaters As requested, a chronological overview of District activities involving Backwaters restaurant follows: 12/91 thru 1/92 Code review meetings held with Backwaters, resulting in an Assembly permit approval on 1/31/92. 5/8-9/16/92 Several attempts made, requesting a floor plan of seating changes and to achieve written assurance that overcrowding would not occur again. No response received. Backwaters notified of $190 plan check fee due, unpaid to date. 5/25/92 Inspection, overcrowded (268 posted, +400 observed), citation issued to Art Bean, Mgr. 6/1/92 Inspection, overcrowded, warning given. 1 1/25/92 Received notice from alarm company that required alarm system monitoring was being disconnected due to non payment of service fees. Exhibit "B" 12/9/92 2/3/93 2/14/93 3/9/93 3/13/93 3/18/93 3/23/93 Inspection to verify proper monitoring. Noncompliance observed, firewatch required. During inspection, observed noncomplying interior finish, a spray on foam plastic "cave" look, served notice requiring compliance or removal, Mr Sims had it removed on 12/17/92. Also observed unpermitted ticket booth built onto south entrance with no sprinkler coverage, served notice requiring appropriate permits or removal, Mr Sims had it removed on 2/18193. Meeting @ RCPD to discuss increasing concerns at Backwaters. Inspection, no overcrowding. Unpermitted dancing occurring in the dining area, notice served allowing dancing to continue temporarily but not to exceed occupant load posted for dining. Staff warned to discontinue blocking exits during cleanup in banquet room. Received notice from alarm company that required alarm system monitoring was being disconnected due to non payment of service fees. Several contacts made to ensure uninterrupted monitoring. Dispatched to "alarm problem". First arriving "startup" staff member had tripped the security alarm when he entered the south entrance door left unlocked from the previous night. Inspection for overcrowding, based upon reports of "big crowd" in early A.M., no overcrowding observed, no occupant load counting by Backwaters staff was occurring. Meeting with Backwaters in Planning to discuss increasing concerns and the dancing activity occurring in the dining area. The following is a synopsis of emergency responses to 10877 Foothill from 5/10/92 to 4/5/93: 05/10/92 Rescue, possible heart problem 05/24/92 Rescue, injured subject 08/02/92 Other Emergency, overcrowding 11/23/92 Rescue, seizure 01/29/93 Rescue, fall victim 03/07/93 Rescue, assault victim 03/13/93 Other Emergency, reset alarm 04/05/93 Rescue, shooting victim cc: Aimand Michael Henry MAY-12-1993 15:22 UAL ELECTRIC INC. Phillips Ranch Homeowners Association M~y 12, 1993 I~ has come m our eaen~,a t~a~ · ai{ln club in your cid, Backwards, is posting signs adverdsin{ various Ix~m~ons around our neighbod~ood, the surroutuJi~ c~tes, tad freeways, We htve c,:uw~ed cbem i~ m ~ff'o~ r,o have ~he signs removed and ~o~ ~e mn around and finally had the own~ very derofar~y and abusive. I do not ~ it is the best inMrust for the Cig~ of Rancho Cuc~mo~ to have such a business in there limits. I would like to voice our disapi~ovd of this tTpe of advavis{~ ~ it is very serf serving and looks as bad as fra~fiti in a time when we'am ~ m clean up our ¢Ommllf~tl'eS. We llt~ ~ b0~l PomOllR tlld OIIf4lrio code enforcement to enforce the illegal sifn postinfs and both hfve qreed to send B~ckwa~ers fin~s. Please ]oj this complaint and if anyr~ can be done to stop ,he postings it would be freefly Best Regards, Wayne Lee -- RECEIVED -- CITY OF RANCHO CUCAMONGA PtANNING DIVISION MAY 1 i~ {993 8A Vllla0e LooD Road. Suite 240. Philfins Ran,,h c)J 7~I; TOTAL DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA :~, STAFF RE'PORT May 12, 1993 Chaizlnan and Members of the Planning Commission Brad Buller, City Planner Steve Hayes, Associate Planner ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 92-06 - RYDER TRANSPORTATION RESOURCES - A request to develop a 68,176 square foot warehouse/distribution building on 3.97 acres of land in the General Industrial District (Subarea 14) of the Industrial Area Specific Plan, located at the northwest corner of 4th Street and Santa Anita Avenue - APN: 229-331- 07. PROJECT AND SITE DESCRIPTION: ae Surrounding Land Use and Zoning: North - Truck storage yard and Administrative Facility (under construction); General Industrial (Industrial Specific Plan Subarea 14) South - Vacant; City of Ontario (Industrial) East - Multiple Tenant Industrial Complex; General (Industrial Area Specific Plan Subarea 14) West - Day Creek Flood Control Channel; General (Industrial Area Specific Plan Subarea 14) Area Industrial Industrial General Plan Designations: Project Site - General Industrial North - General Industrial South - City of Ontario (Industrial) East - General Industrial West - Utility Corridor/Flood Control Site Characteristics: The site is vacant and includes remnants of a former grape vineyard. A railroad easement exists over the westernmost 20 feet of the property, which may serve as a rail spur access to the site in the future. The site slopes from northwest to southeast at less than 2 percent. Curb and gutter exist along the frontages of Santa Anita Avenue and 4th Street. PLANNING CO~4ISSION STAFF REPORT DR 92-06 - RYDER TRANSPORTATION RES. May 12, 1993 Page 2 D. Parking Calculations: Type Square of Use Footage Office 4,000 Warehouse 64,176 Number of Parking Spaces Ratio Required 1/250 16 1/1000 36 (up to 20,000) 1/2000 (20-40,000) 1/4000 (40,000 & above) Number of Spaces Provided 16 *36 Total 68,176 52 *52 * 8 bicycle spaces are provided to account for two of the required vehicular parking spaces. ANALYSIS: General: The applicant is proposing to develop a 68,176 square foot warehouse/distribution building on the subject property. All of the vehicular parking is located near the main entrance, eliminating the potential conflicts created by mixing auto and truck traffic in the truck loading area. Eighteen dock doors and knock-out wall panels along the west elevation are provided in the warehouse area for truck and potential future rail service, respectively. The Santa Anita Avenue vehicular access is in compliance with the driveway policies of the Engineering Division and on-site emergency/turnaround access is provided to the satisfaction of the Rancho Cucamonga Fire Protection District. An outdoor plaza/eating area is provided for employees along the north side of the building, adjacent to the vehicular parking area. This plaza includes two picnic tables, an overhead trellis/shade structure and dense shrubbery around the perimeter of the plaza. At the request of the applicant, the Planning Comission reviewed the conceptual site plan at their meeting of December 9, 1992. The purpose of this review was to discuss and resolve the Design Review Committee's concern of automobiles crossing a truck loading/parking area to reach the parking area for the rear (west office area. PLANNING COMMISSION STAFF REPORT DR 92-06 - RYDER TRANSPORTATION RES. May 12, 1993 Page 3 The Commission directed the applicant to modify the floor plan to move all of the office space and vehicle parking to the front (east) part of the building or modify the site plan to separate vehicle from truck traffic. The applicant revised the site plan and building footprint to a single tenant user with a 4,000 square foot office on the east end of the building. Be Design Review Co~nittee: The Conm%ittee reviewed the project on three separate occasions, most recently oneApril 6, 1993. At the April 6 meeting, the Committee (Vallette, Melcher, Coleman) felt the site plan had been adequately revised to address the on-site traffic issues and reco~m~ended approval subject to the following conditions: The perimeter walls should be constructed of tilt-up concrete or masonry with a smooth plaster finish, and painted to match the building. 2e Vines should be trained to grow up the shade structures over the picnic tables and covered seating area to provide additional shading. The color of the sealant used on the sandblasted concrete areas should be reviewed and approved by the Planning Division prior to installation. An 8-foot square test panel with sealant properly applied should be reviewed in the field by Planning Division for adequacy prior to application on the balance of the sandblasted area of the building. All roof drainage (including the individual roof areas created by the angled steps on the south side of the building) should be concealed within the interior of the building. All of these items have been incorporated into the attached Resolution of Approval. In addition to the recommended conditions, the Design Review Committee suggested that the vehicle parking area could be redesigned to further minimize conflicts in the main on-site drive aisle as shown on a sketch prepared by Commissioner Melcher. Also, the Comittee felt that, due to the warehouse nature of the use, the enriched paving material in the main drive aisle should be of a more durable material than the concrete interlocking pavers; any proposed alternate material should be reviewed and approved by the Planning Division prior to the issuance of building permits. At the time of report preparation, the applicant had not revised the plans to reflect these suggestions. Staff will pursue these issues during the plan check phase as may be directed by the Comission. PLANNING CO~4ISSION STAFF REPORT DR 92-06 - RYDER TRANSPORTATION RES. May 12, 1993 Page 4 Technical Review Co~nittee: On August 19, 1992, the Technical Review Con~nittee reviewed the project and determined that, together with the recommended conditions of approval, the project is consistent with all applicable standards and ordinances. The Grading Committee conceptually approved the redesigned project at its meeting of April 6, 1993. Environmental Assessment: Part I of the Initial Study has been completed by the applicant. Staff has completed Part II, the Environmental Checklist, and has found no significant adverse environmental impacts as a result of this project. If the Commission concurs with staff's findings, then issuance of a Negative Declaration would be in order. FACTS FOR FINDINGS: The project is consistent with the General Plan and the Industrial Area Specific Plan. The project will not be detrimental to the public health or safety or cause nuisances or significant adverse environmental impacts. In addition, the proposed use and site plan, together with the recommended conditions of approval, are in compliance with the applicable provisions of the Industrial Area Specific Plan and City Standards. RECOF~ENDATION: Staff recommends that the Planning Commission issue a Negative Declaration and approve Development Review 92-06 through adoption of the attached Resolution of Approval with Conditions. City Planner BB:SH:mlg Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Site Plan Exhibit "C" - Conceptual Landscape Plan Exhibit "D" - Conceptual Grading Plan Exhibit "E" - B~ilding Elevations Resolution of Approval with Conditions iii /q!lPe-I uo!lnqpls!Q --2:x't4i B ,, ~- 5 L, {,t{ ---~ Z IJJ Z /q!l!oe-I uo!lnq!Jls!c] i=l=laAhl RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 92-06, A REQUEST TO DEVELOP A 68,176 SQUARE FOOT WAREHOUSE/DISTRIBUTION BUILDING ON 3.97 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 14) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND SANTA ANITA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN~ 229-331-07. A. Recitals. (i) Ryder Transportation Resources has filed an application for the Development Review No. 92-06 as described in the title of this Resolution. Hereinafter, the subject Development Review request is referred to as "the application." (ii) On the 12th day of May 1993, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 Co~m~ission ~ereby 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 meeting on May 12, 1993, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The application applies to property located at the northwest corner of 4th Street and Santa Anita Avenue with a 4th Street frontage of 570 feet and a Santa Anita Street frontage of 330 feet and is presently improved with curb and gutter; and (b) The property to the north of the site is a truck storage yard and administrative facility currently under construction,.the property to the south is vacant industrial land in the City of Ontario, the property to the east is an existing multiple tenant industrial facility, and the property to the west is the Day Creek Flood Control Channel; and (c) The application contemplates the construction of a single tenant warehouse/distribution building with the entire area for office and vehicle parking located near the front (east) entrance to the building. PLANNING COMMISSION RESOLUTION NO. DR 92-06 - RYDER TRANSPORTATION RES. May 12, 1993 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs I and 2 above, this commission hereby finds and concludes as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed use is in accord with the objectives of the Develol~ment Code and the Industrial Area Specific Plan and the purposes of the district in which the site is located; and (c) That the proposed use is in compliance with each of the applicable provisions of the Development Code and the Industrial Area specific Plan; and (d) That the proposed use, together with the conditions a~licable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in c~pliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannina Division 1) The perimeter walls shall be constructed of tilt-up concrete or masonry with a smooth plaster finish and ~ainted to match the building. 2) Vines shall be trained to grow up the shade structures over the picnic tables and covered seating area to provide additional shading. The species, size, and locations of the vines shall be shown on the detailed landscape/irrigation plans, subject to review and approval of the Planning Division prior to the issuance of building permits. The color of the sealant used on the sandblasted concrete areas shall be reviewed and approved by the Planning Division prior to installation. An 8-foot square test panel PLANNING COMMISSION RESOLUTION NO. DR 92-06 - RYDER TP~NSPORTATION RES. May 12, 1993 Page 3 with sealant properly applied shall be reviewed in the field by the Planning Division for adequacy prior to application on the balance of the sandblasted areas of the building. As an alternative, the applicant may use integral color sandblasted concrete. 4) All roof drainage (including the individual roof areas created by the angled steps on the south side of the building) shall be concealed within the interior of the building. Pursuant to provisions of California Public Resources code section 21089(b), this application shall not be operative, vested or final, nor will building permits be issued or a map recorded, until (1) the Notice of Determination (NOD) regarding the associated environmental action is filed and posted with the Clerk of the Board of Supervisors of the County of San Bernardino; and (2) any and all required filing fees assessed pursuant to California Fish and G~ Code Section 711.4, together with any required handling charges, are paid to the County Clerk of the County of San Bernardino. The applicant shall provide the Planning Department with a stamped and conformed copy of the NOD together with a receipt showing that all fees have been paid. In the event this application is determined exeml~ from such filing fees pursuant to the provisions of the California Fish and Game code, or the guidelines promulgated thereunder, except for payment of any required handling charge for filing a Certificate of Fee Exemption, this condition shall be deemed null and void. Enaineerina Division 1) Overhead Utilities a) The existing overhead utilities (telecom~unications and electrical, exce~fc for 66 K.V. electrical) on the project side of 4th Street shall be undergrounded from the first pole on the east side of Santa Anita Avenue to the first pole on the west side of Day Creek Channel. Reimbursement of one-half the PLANNING COMMISSION RESOLUTION NO. DR 92-06 - RYDER TRANSPORTATION RES. May 12, 1993 Page 4 City adopted cost for undergrounding from future development as it occurs on the opposite side of the street is not feasible because the proper~y is located in the City of Ontario. bl An in-lieu fee as reimbursement for the previously undergrounded overhead utilities (electrical} by the developer on the east side of Santa Anita Avenue shall be paid to the City prior to the issuance of building permits. The fee shall be one-half the City adopted unit amount times the length of the project frontage. 2) A storm drain system, including catch basins, shall be designed and constructed within Santa Anita Avenue to connect to the existing line in 4th Street. The size and length of the storm drain shall be determined by the final drainage study. This storm drain is to be included in the City's Master Plan Stem Drain System. Therefore, the developer shall be eligible for fee credit and reimbursement in accordance with the standard policy. If the subject storm drain is installed by others prior to this develOlX~nt, the developer will pay the Clty's standard drainage fees. Obtain a permit for the construction of landscaping and an agreement for maintenance from the San Bernardino Flood Control District and provide landscaping along the Day Creek Channel frontage from the site to the channel a minimum depth of 45 feet. Buildin~ and Safety Division 1) The sump in the dock area shall be eliminated. 2~ All roof drainage shall be collected and drained to the landscape areas or other improved device. 6. The Secretary to this Co~mission shall certify the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. DR 92-06 - RYDER TRANSPORTATION RES. May 12, 1993 Page 5 APPROVED AND ADOPTED THIS 12TH DAY OF MAY 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNlel, 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 wam duly and regularly introduced, passed, and adop=ed by =he Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Co~aimmion held on the 12th day of May 1993, by =he folXow£ng vote-to-wit= AYES~ COMMISSIOHERS~ NOES= COMMISSIONERS~ ABSENT COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDrrlONS: A. Time Limltl Co,~b,dm ;ha 1. Approval shall expire, unless extended by the Planning Commission, if building permits are ~ / not issued or approved use has not commenced within 24 months from the date of approval. 2. Development/Design Review shell be approved prior to / / / / 3. Approval of Tentative Tract No. is granted subject to the approval of / / ~ 4. Thedeveiopershallcommence, partictpatein, andconsummateorcausetobecommenced, --J / participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance conatnJctfon and/or maintenance of a fire station to serve the develol~ment. The station shall be located, designed, and built to all specifications of the Rancho Cucamonga Fire Protection Distriot, and ~aif become the District's property upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station, the developer'shell comply with all ap~icable laws and regulations. The CFD shell be formed by the District and the developer by the time recordation of the final map 5. Pdor to recordation of the final map or the issuance of building permits, whichever cornes / / first, the applicant shell consent to, or participate in, the esta~iehment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities District, the applicant shell, in the aitemative, consent to the annexation ol the project site into the territory of such existing District prior to the re~ordetion of the final map or the issuance of building permits, whichever comas first. Further, it the affected school district has not !ormed a Melio-Roos Community Facilities District within twelve months from the date of approval of the project and prior to the rscordation of the linal map or issuance o! building permits for said project, this condition shall be deemed null and void. SC - 2/91 I of 12 This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all sctxx)l impacts as a result of this project. Prior to recordation of the final map or prior to issuance of building permits when no map is involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development .... V/ 1. The site shall be developad and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Dlevelopme~ Code regulations, and ~-~.~1~,1 Specific Plan and Planned Community. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been comptled with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show cornplianca. The building shall be inspected for comptlance pdor to occupancy. Revised site plans and building elevations incoq~orating all Conditions of Approval shall be submitted for City Planner review and approval prior to issuance of building permits. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or prior to final map al:~:~oval in the case ol a custom lot subdivision, or ap~oved use has commenced, whichover comes first. Approval of this request shall not waive con~lanca with all sections of the Development Code, all other aliicable City Ordinances, and al~ Community Plans or Specific Plans in effect at the time of Building Pem~t issuance. A detailed on-site lighting plan shall be reviewed and al:~roved by the City Planner and Sheriff's Department (989-6611) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and methocl of shielding so as not to adversely affect adjacent proparties. If no centralized trash recaptacies are provided, all trash pick-up shall be for individual units with all receptacles shielded lrom pul~lic view. Trash receptacle(s) are required and shall meet City standards. The final ~esign, locations, ' and the number of trash recel~acies shall be subject to City Planner review and apl:~oval prior to issuance of building parmits. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. ]~. 1 ~ · / / / / / / / / _J / / / __J / / / / / / / 2/91 2 of 12 11. Street names shall be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 12. All building numi3ers and individual units shall be identified in a clear and concise manner, including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, sttall be submitted for City Planner review and approval Driorto approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14. The Covenants, Conditions and Restrictions (CC&Rs) shell no~ prohibit the keeping Of equine animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option Of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. / / / / 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the ap13roval Of the Planning and Engineering Divisions and the City Attorney. They shall be recon:led concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. 16. NI parkways, open areas, and landscaping shell be permanently maintained by the property owner, homeowners' association, or other means acc~Ahle to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shell be dedicated for the p~Jrposa of assuming that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use Of a solar energy system. The easements may be comairted in a Declaration Of Restrictions for the subdivision which shell be recon:led concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements sl~all prohibit the casting Of shadows by vegetation, 5iroctures, fixtures or any other ot)ject, eXCelat for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 18. The project contains a designated Historical Landmark. The site shell be developed and maintained in accordance with the Historic Landmark Alteration Permit No. · Any further modifications to the site including, but not limited to, exteaor alterations and/or interior alterations which affect Fae exterior of the buildings or structures, removal ol landma~ trees, demolition, reiocation, reconstruction of buildings or structures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit su13ject to Historic Preservation Commission review and approval. C. Bullcling Design An alternative energy system iS required to provide domestic hot water for all dwelling units and for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shell be sup131emented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. SC - 2/91 All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation Of surface treatment sul~ect to City Planner review and approval pdor to issuance o113uilding parmits. 3 of 12 / / / / / / D. Parking Standard patio cover plans for use by the Homeowners' Association shall be submitted 1or City Planner and Building Official review and approval prior to issuance of building permits. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. and Vehicular AcceM (Indicate dMMla on building plant) 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/un'~ouildings with open spaces/ plazas/recreational uses. 3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers ff driveways are less than 18 feet in depth from back of sidewalk. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles ofher than in designated visitor parking areas. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publicly maimalned land~i:ape arm, refer to Section N.) 1.. A detailed landscape and'a'rigation plan, including slope planting and model home landscap- ing in the case of residential deveiolxns~, shall be pr~ared by a licensed landscape architect and submitted for City Planner review and aplxovel ptforto the issuance of building permits or prior final map al~:~oval in the case of a custom io~ sut~ivislon. Existing trees required to be pt'esewed in place shall be Ixotacted with a construction barrier in a _ _,x'o_ rclance with the Municipal Code Section 19.08.110, and so noted on the gracllng plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed lancecape plans. The ~ shall follow all of the arborist's recommendations regarding presewation, transplanting and trimming methods. A minimum of trees pergross acre, comteted of thelollowing sizes, shall be provided within the ptojact: % - 48- inch box or larger, % - 36- inch box or larger, __ % - 24- inch box or larger, % - 15-gallon, and % - 5 gallon. 4. A minimum of 90 % of trees planted within the project shall be sl~cimen size trees 24-inch box or larger. _ 5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to shade 50% ol the parking area at solar noon on August 21. / / · / / / / __J / .L/ /.. / / / / / / / / / / SC - 2/91 4 of 12 o ° Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. All private slope banks 5 feet or less in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and apPrOlmtate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shell also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and va~/slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to C.~nptcuon / / For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory / / 10. For multi-family residential and non-residential development, property owners are respon- sible for the continual maintenance of all andscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shell be kept free from weeds and debris and maintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any darnaged, dead, diseased, or decaying plant matedal shall be replaced within 30 days from the date of damage. 11. Front yard landscaping shall be required per the Development Code and/or · This requiremaN shell be in addition to the required street trees and slope planting. 12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plane and shall be sul:~ to City Planner review and approval and coorclinated 1orconalstencywith any parkway landscaping plan which may be required by the Engineering Division. / / / / / / Special landscape features such es mounding, alluvial rock, specimen size trees, meander- ing sidewalks (with I~rizontal change), and inteneitisd landscaping, ls required along / / Landscaping and inigatlon systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. / / 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. / / 16. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteria shall encourage the natural growth ct~aracteristics of the selected tree species. / / 17. Landscaping and irrigation shall be designed to consewe water through the principles of Xedscapa as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. sc - 2/9t 5ol' t2 F. Sign. ¢ The signs indicated on the su13mitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation o! any signs. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and approval pdor to issuance of building permits. Directo~ monument sign(s) shell be provided for apartment, condominium, or townhomes prior to occupancy and shell require separate application and approval by the Planning Division prior to issuance of building permits. G. Environmental The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crasher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer wntten notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shell discuss the level of interior noise atlenuation to below 45 CNEL the building materials and construction tachniques provided, and ff appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. Com~et~oe / / / / / / / / __/ / __/ / H. Other Agencies ~ 1. EmergencysecondaP/accessshellbeprovldedina__,'cPrd_ ancewithRanchoCucamongaFire Protection District Standards. V/ 2. Emergency access shall be provided, maintenance Ires and clear, a minimum of 26 lest wide at all times during construction in accordance with Rancho Cucamonga Fire Protection District requirements. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucamonga Fire Protection District that temporary water supply tot fire protection is available, pending coropletlon of required life protection system. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid ovemead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall he sul~ect to City Planner review and approval prior to the issuance of building permits. ._J / / / / / / / SC. 2/91 For proiects using septic tank facilities, written certification ol acceptability, including all supportive information, shall be ol~lained from the San Bernardino County Department of Environmental Health and submitted to the Building otficlal I~ior to the issuance of Septic Tank Permits, and prior to issuance of building permits. 6 of 12 C,~cUorl Dete: APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- cal Code, Uniform Plumbing Code, National Electric Code, and all Other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code AdOlfion Ordinance and appl~ handouts. Prior to Issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautlfication Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. / / / /' V/ 3. Prior to issuance of bullcling permits for a new commercial or Industrial development or __./ / addition to an existing deveioprnsnt, the applicant shell pay development lees at the estatdished rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4. Streetaddressessha~~beprovidedbytheBuilding~~icla~~attartract/parce~maprec~rdation __/ / and prior to issuance of building permits. J. Existing Structure~ 1. Provide co,,~liance with the Uniform Building Code for the property line clearances ---/ / considering use, area, and fire-resistiveness of existing buildings. 2. Existing buildings shall be made to comply with correct building and zoning regulations for ~ / the intended use or the building shall be demolished. 3. Existing sewage disposal lacilltlas shall be removed, filled and/or capped to comply with the / / Uniform Pluml)ing Code and Unitorm Building Code. 4. Underground on-site utilities are to be located and shown on building plans sul~mitted for / / K. Grading Grading of the subject properly shell be in accordance with the Uniform Building Code, City Grading Standards, and acc~ed grading practices. The final grading plan shell be in substantial conformance with the alXWOVed grading plan. / / 2. A soils rapoff shall be prepared by a qualified erinear Ik,-,ensed by the State of California to / / pedorm such V/ 3. The development is located within the soil erosion control boundaries; a Soil Disturoance Permit is required. Please contact San Bernardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be suDmitted to the City prior to the issuance of rough grading permit. 4. A geological report shall be prepared by a qualilied engineer or geologist and submitted at the time of application for grading plan check. 5. The final grading plans shall be completed and approved prior to issuance of building permits. SC. 2/91 70f12 6. AS a custOm-lOt subcllvislOn, tM following requirements snail be met: a. ~mty ~ be pcmtecl and an agreement executed guaranteeing completiOn of all on-site clrainlgl flc##ie~ neclaMry for tiewatering all 1:3areale to the satisfaction of the Building ~ Safety Diveaeon pdorto final map alN3mval and IXlor to the issuance of grading perm~s. b. AODrOD~Ite ellamerits for safe diIposal of drainage water that are conducted onto or over m3lacent parcale, are to be cltlineltlCl an~ rlcofi:M<l to the satlelactlOn of the Building arl¢l SafaP/Divilioll prior to i~ll~illCl Of grading and building permits. c. On-site drainage improvements. necessary for (~watering and I:)fotectlng the subclividecl propertl~, are to be in/tallecl p~ior tO leauancl Of bulkling palmers for construction upon any I=arcel tMt may be IulNlct to clrlJnlgt fiowl anteq, leaving, or within a parcel relative to whk:n a bulk#rig pam~ is requested. Final grading plan/for each parcel are to be =ul)n~ed to the Building and Safety Diveaeon for aptxovai prior to leauancl of building ~ grading pamdtl. (Thia may be on an incrlmlntaf or colTII:X)IitI DIIM.) e. All slope benkl in exceel Of 5 feet in venJcaf heigrl shafl be liedid wtlh nlttv~ grasses or pilmecl with ground cover/or erosion conlmi upon c~,,~WM1 Of grlding or some offier altlmativlmMIloclofameioncomml laaflbeC~,,,~lldtoal_t!lf.l tMnoftht Bulk:ling Officil. In ~clllton a pam~nefil imgMio~ fylt~m ~ be pmvi~KI. Th~$ requirement cioe~ nof retain tM ~l=~licanl/clevelop~ from ~ ~dlh ~ slope ~anting requiremere of Sectton 17.M.040 1 of tM O~vak,~r~,J.i Cndt / / / / API~JC4NT ~H~I.L COI~&CT THE EN~NEFJ~G DIVISION, (~14) III.1~ FOI~ COI~LIANCE .,WITH THE FOIl. OWING CONDITIONS: ~. De~ll~atMn ~ VeN~ulr RigNs-of-way and easement~ shall I=e Cll=~C"ld to the Clly for all latedor pu101tc streets. conv~ni~y traM, IPuOlic pa~oa, public Ilndlcape atoM, afmM trN~, and puMc drainage fBCilitill iS IhOwl"l 0tl tht Milli ~ tMllllvl all}. PfiVIt ttlt.,J.4l for non-lx~oac flcJl#i18 (CfOll-IM cIrlk~. lOCal f14Cilr iraill, ITC.) M Dt I11Mvlci II MlOwfi orl me p~ans an~or mmI~ve alp. 2. Dedicaton sl~afl be macie ol the folowing dgttl.ot-wly oa the pMtmMM Streets (fi'mlsurl~l from Item Cl.~tMllf~m): total Met on 3. An in~.a13~ offe~ M dedic4tion for for all pnvme ~tmm or d~H. -f~ ~ foalway e---_.,~l, ~. sl~all be made 4. Noll-vehiculat aCeIll Sllall I:)l CIl(:iiC~lCI tO It~ Cly tor N ~ ItrlMl: / / / / 2191 6. Recip4'ocal access aasemems snag I~ 13mvK~l emurt~ accel to all parclit by CC&l:ls or Dy CMM~I and Sl~il be rt~n:l~l conCurfirmly with t~4 ~ or prior to the issuance of ~,~3ing pem~s, where no map m 80( i .. 6. Private drainage easements for cross-lot drainage Shall I:)e prov,:te~ anti sicall I:)e ctelmeatecl or noted on the final map. 7. The final me0 Sl~ldl cicatry delineate a I O-foOt minimum I~uilding restriction area on the neigt~MMng lot adjomifig t~l zlto lot line wall arx:l contain me following language: 'I/We her~oy de~icate to tl~ City of Rancho Cucamonga t/~e rigl~t to ;~ro~i~ tl~ construction of (resi~ial) euit~iegs (or o~r statures) within mose areas designat~l A maintenance agreement sAall also IM granted from eac~ lot to Me adjacent lot tnmugn the CC&R's. All existing listmotifS lying wilttln furufo dghtl..ol-wly Shitl IM quilcllimod of clelir~ated on tile final map. 9. Easements for public sidewalks and/or street tr#$ ~ outside the pulD41c right-el-way shall be dedicated to the City wherever they encma~ oreo pmite properly. ~ 0. Adclltiona~ ~tmet dgm.of-way s~itl I~ cl~11cited along ~ rum lan#. te I~eVlde a minimum of 7 foe~ mee~ured from the face el cume. If ~ adlaeem ~de~ak t~ ~ alen~ tl~ ~ turn line. a paratilt 6b-~t tl'lt mitnllnll"l~l elllmlllt ~ I~l ~ . 11. The devitol3er ~Aitl make · go(xl faith effort to amluiro the re(l~ odf-Mte pml~efly ~worests nac#sary to oonstmct the reQukad public [,T--,~'~,vemenll. and if he/~hl ~ fall to tie so, tile ClOvIIoIMr Shall, It least 120 dlyl pt~ft~ StJDITIItII el till final rolo for Ipl)l~Vit, enter imo an agreement to complete the k,~.Gve,,,e~ pumua~t to Oovemn~nt ~ Section 66462 at such time as trte City IC~irlS thl 0m0lfiy irloflitl rlquir~lk:wt~l impmvemenls, Such agreement ~nitl provide k~ ~ by the .cllvek)per ot II oo~tB incurred by the City to acquire the off-sde i:wol)eny inleml~ required in conneotton with the luedivillon. Securdy for a portion ot ~ (=oltl Ihitl Ic)l ifi the fol'm o~ I ~ ~ tfi till Imounl gJvefi in an aplxlisit report o~(aid~d by the divl~plr, It divek)pll'i eolt. The I1~ Ihail have M. Slrlot Improvlmefll All public landscaped amax, etc.) ~hown on the plafil and~o~ tefilllive mlp ahla IDe City ,/ --J / --J ! / / 2. A ~nimum Qi 2~- fOOl lidtit plvl.,. I,li, dNn 14Q 4OQI addl dldk'a~:t d dght-oi-wly ~nall be Sl'I~L'I* NAM~ Cf, fi~B & A,C. ~ DRIV~ ~ ~ COMM. ~ OTHER OU'l't'r.q I~fidT WAI,K ~ IJGI~B ~ TRAIL, v' v v/ v"' ' / / NOle$: (a) MeClian i$1ancl inCludes lanclscaping an~ imgation on meter, (b) Pavement reconsm~c~ion ~ overlays will I~e determined during plan cll~.J<. (c) If so mame<L s~le- walk ~1~11101 c~vilinear per $TD. 304. (el) If so n'~e~l. an in-I~ of ~nstm~n lee snm~ ,/ 4. Improvement ~ins and con~tn.,cfion: Street improvement pllns inCluding sarl~t troel an~ strl~t lig!~t$, i~'arld by a regis- terecl Civil Eng~r, shag be posted ind an agreement executed to the am~factk)n of the C~/Engm~r and the C~/Attorney gulmnt~eing c~ o! the pul)~c and/of I~lv~tl sare~ improve. ments, prior to final n~p ~ot~ov~l of tl'm i~m'~,e ~1 buMing i~fmim, wl~k',,l~var occurs firsa. Prior to any wo~ I~Ing I~dOl~ed in gullale ~tll.et-wly, fell I~111 be I~IlCl ~ a con~tmclIon ~ $1~11 be ol~Ileel:l from It~ Cly Engellfl Ollll=l in addtlon to any oiler I~rmits re<lui~l. / / c. Pavement sadplng. milking, traffic. street nlml ilgnk~, and Intl;va'ml_: conduit shall be insaallecl to the aatt~faction of the City Et~in~r. Signal condu# with pull IX~XII ~ IX insalll~ On I~/new ceasaRzc~ n of rloo~truction colecid' Saraeta fof futurt tr~fi~ I~l~. P~111X~xll ~ I~1 pll~ ~n I~ $i~e~ of tl'~ street at 3 f~ ~s~ ~ ~R, ECR ~ I~ ~ ~ ~ ~ t~ C~ E~in~r. (1) AJI pu# boxes shag ~ No. 6 urdtll OtrtlrdV~l ~ by the Cly Eftnear. (2) Condu~ st~aN t)l 3-~t OilYafield II~l wlh puiro~. Wheel clair raml~ $t~111 be insaailld on d four (lorelei ot ifllfllctk)nl per City Stanclarcls or al directed ~ the City Engi~lec / / f. Eximing City rom~ mclzimg comlnx=lkm II~l mmei~ OlXa Io traffic al II ttmes with ---/ I($e~lUall deleumItaeeg~=eIll~llee. A~re~cl~rel~em~m~yl~ m<luim~. AC.~Sh rerumled u¢l~n c~dlli~l~ ~f t~l cl~lr~=11~n t~ t~t IIIIIII1~ ~t t~l City Enginter. n. Hamlk=lp le;111 rlm~ dleign Ihall I~ II II~Cdl~l I~/thl CIy Englnlef. i. Stm~nam~altmalX.~w~l~meC~y;qannetlX~rm~ltaH~fir~l~nCr~C~. ---./ -- 5. Street i,,oQ~l,,,.I.d I:lllll I)lr CIly ,~fOril pflvllt Itrletl Ilaillll:)ft)vidld for rev~mv and a¢)pmvll by till Cly Enginl~'. Pfio~to I~y wod~ being pld~..:ld on the p~- Engmlers Omce i~ ~ m m~/omef pem~ls ~ 6. Sirlet lrlee. a mini~m o~ 1S-gallm~ size ~ Imp. ~ I=e anti,led per ¢ily $tmxlarcls in acco~l~nce wdn the ¢ity's street true I~ogmm. SC. 2/9i IOof 12 7. Inters~'tion line of site cles~ns sl~all t3e revieweel 13y t~e C~ty E~ineer for conformance w~In adopted policy. a. Off collector or larger streets, lines of sign shall I=e plotted for all project intersections, including oY~veways. Walls, signs, ar~ siopes s~al113e located outsi~e the lines of sigN. LandscaOir~ and other o0strucUons witl~in tl~e lines of sign Shall 130 a00rovod 0y Me City Engineer. 13. Local residential street intersections stall I~avo tl~elr noticeebl#y im!:wovld, usually by moving the 2 +/- closest street trees on Secrt sicto away from trio street and placed in a street tree easement. 8. A perTnit shall I=e ol~ained from CALTRAN$ for any wo~ witllin 111o lollowing riglit-of-way: __/ / / / 9. All INl:)lic iml:Wovlmtnts on ~ lollowing SirlOll II~11 bt ol~retlo~llly comiCIll prior to tim issuance of I:MJildtng iMmlits: / / N. Pul)11c: MBInt~nm~e Aree~ t. A SelMrete set of Mndsca~ and irrigattofi plans s~ ~ ~ to ~ C~ ~ ~r ~ 2. A signeel consent and waiver tom~ to join and/or form ~ al:R~ltl LandlcllM and I.igfit Districts Sl~811 IM filed with tl~ City Engkwor lMor to final ml0 II~)~OVll Or Ilmmficl o! t)uilding 3. All recluimCI puO#C llndlC'~'.n0 Ifid ifi~iofi $y~eml ~l:m (m4~nuo~ ~ by tt~e c~evelope~ umtl accepte~ by me City. 4. Parkway lanai :y~ng on the toilowing slmet(s) ~ cofiloffn to tl~ mauls 04 the re~mctive Beautificatlon Miler Plan: __/ / O. Drainage aml Fload Comml 1. The project (~ podiota titiraQi) is located v~thin · Flood Hlzlre Zone: therefore, flood pratecOon f~m Ihlll be provided Is cefiifiocl Oy · rig':ta;id Civil M and 2. It shaft be the dlvilOplf'l ~lgpOflt:flty to ~ I~ ca~fl FIRM Oes~gnation flmoved from the peoi4~ area. The ,dlVl~plr'l IfiOiatr Itlli Pfll)lf! lii r~cls$1ry ripoft1, I)Llnl, I/ICI h~.,~cg'~/hfC~ lu~ ¢lqC~ltl~11. A COnCl~iQ~li LMt~' of Map Rewsion (GLOMR) ~ Im oOtlinecl tfom FEMA ~ to finll mlp lIR)mvll or issuanc~ of I~jilcling pemdll, ,/,t'.'~gver o~curl firIt. A Letlef ol Idlp 'l:)e issued by FEMA Drim' to oo:~Dll't~f ~' iml~OVlmtrl II:x~ncl, wfi:chlVlf o~curs first. A final clrainagl stu~/sl~all be sul~mdtl<t to ar~ aDl~V~ by t~t City Engirtelr I:mOr to final map apex'oval or me issuance of I=ui~ng I:~rms, wt~icrtev~ occur1 firit. All (Jmir~ge facJlit~s sl~all I~ install~J as ro<luirlcl by tl~ City Ettgrtolf. 2/91 It of'12 ~ 4. A perl'nff from tl~e Courffy Floo<:l Control District is required for wo~ w~l~in ~s r~t-of-way $. Trees ate prol~iOitecl within 5 feet of the outsi~e cliatnetef of any public storm clfain pipe measurecS from II"le outer eclge of a mature tree trunl<. 6. PuI=41C StOrm drain easements snail be grapecl to convey overflows in tl~e evlnt of a blockage in a ~urt~ catch I:~lin on the pub#c street. ,,./ / ! p. Utllltlll 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, elecmc power, telephone, and ¢al=4e I'V (all umlefgmuncl) in ~__,:~,_mance ruth the Utility Stanctarcls. Easemerits shall be pfovidecl as required. ._../ / 2. The developer sl*mll be responsible tot the ralocation of existing uti~i~ as necessary. / / ~ 3. Water and ~wer p4an~ sl~il be cll~gned I~l ~stm~l<l t~ me~ the r~Nirament$ of the ~ / Cucamongl County Wirer OilUtCt (CCWO). RIncho Cucomongl Fire Pmlaction District. and the Environmental Helllh Oll=lrthllftl of ~ Co~lly of ~ Blf/~r~11110. A letter of cor~nct from the CCWD il rlquirld I:~O~tO final ~ alR=elwll or ~ of befmit$, whichever _ _~',c~_ jrs first. Q. GinIfil RlqUll'lmlntl ~ Al~mvlll 1. The $eplrlte parcels contained within Me I:~ Ixmnclades ~ be legally corN=inecl into ---/ / one berclt prior to issuance of building befmill. 2. An eeslmenl for a '1oi~t use driveway ~ be ~ ~ W final ~ al:~:~x)vai or -~/ / issuance of building bernMi, wfilCl~v~' oaoJrl fi~lt, fo~:. 3. Pdor to a~'oval of the final ~ a dll:X~l ~ be ~ ~ the Cily covefthg the estimated colt of ag~k~ting the II~eslml~11 uncll~ ~ Dilt~ct among the newly created plmltl. 4. Ethvanda/San Sevaine Area Reglmml Mlimlm, SlA-~T~/R~of~l, ~ Ma~ter Plan Drainage Fell II'm# be pli¢l I=~m' le fl~ll mll~ II~=awll or I=dm' to t3uil~ng penal illuance if .__/ / S. Pen. nila shell I~ of X~d from ~l la4mvtng ~ k~ ~ ~ ~ ~N.of.way: __/ / FacJl#la~ ~ ~ I~ ~ wlm me C~ Engineer ~ t~ final .lae aCereval or the Oevelol~. Prior to finlllz,1tion ol Iny dlviloG,,~l.4 phlle. suffk:ienl h,q,Yo,m..I;d ~ ~ be com- plate~ beyond the I)~ bQunclade~ m allure. I ~-~11ef ~ ~ dr4if~e IXOllCtion to the satisfaction of the C~/Engineer. Pha~ I~umllrtel ,ttal c4~,~1;ar4 t~ lot lines shewn on the al=&mved temllivt maD. __/ / 2/91 12o1' 12 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT May 12, 1993 Chairman and Members of the Planning Co~ission Brad Buller, City Planner Steven Ross, Assistant Planner CONSIDERATION OF RENAMING MOUNTAINVIEW DRIVE, MOUNTAINVIEW WAY, AND MOUNTAINVIEW PLACE BACKGROUND: In June 1992, the Fire District notified the Planning Division of a duplicate street naming conflict that existed in the City. The district requested that the duplicate names be eliminated to facilitate emergency response. The changing of a street name requires adoption of a Resolution of Intent by the Planning Commission. ANALYSIS: The problem involves two different streets in separate parts of the City which have the same name. Mountainview Drive is a collector/secondary arterial road within the Terra Vista Planned Community. However, Mountainview Drive also exists as a private street within the Mulberry Place project at the northwest corner of Arrow Route and Vineyard Avenue (Mountainview Way and Mountainview Place also exist in the project). In staff's opinion, it is preferable to change the street names within Mulberry Place because the change would affect a relatively small number of people in a single neighborhood, rather than the large public street which serves many different subdivisions. Comments have been solicited from Building and Safety, Engineering, and the Post Office in addition to the Fire District. The correspondence received has been supportive of the request. Staff has also contacted the residents of Mulberry Place development regarding the proposed street name change, and there appears to be very little, if any, opposition to the name change proposal. RECOMMENDATION: Staff recommends that the Planning Commission direct staff to begin the process to formally consider renaming Mountainview Drive, Mountainview Way, and Mountainview Place within the Mulberry Place development by adopting the attached Resolution of Intent. BB:SR:mlg Attachments: Exhibit "A" - Vicinity Maps Resolution of Intent ITEM F li F X 14. I!,~iTIA~ [# RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO INITIATE THE PROCESS TO RENAME MOUNTAINVIEW DRIVE, MOUNTAINVIEW WAY, AND MOUNTAINVIEW PLACE WITHIN THE MULBERRY PLACE COMMUNITY, LOCATED AT THE NORTHWEST CORNER OF VINEYARD AVENUE AND ARROW ROUTE. A. Recitals. (i) On June 18, 1992, the Fire District requested that the Planning Division correct a duplicate street name problem that existed with the streets named Mountainview Drive. (ii) At its regularly scheduled meeting on May 12, 1993, the Planning Co~ission considered the street n~ proposal and justification. (iii} The request was reviewed pursuant to Section 12.12.040 of the Rancho Cucamonga Development Code. 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 Co~mission 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 Co~mission during the above-referenced meeting on May 12, 1993, including written and oral staff reports, this Co-~tssion hereby specifically finds as follows~ (a) Mountainview Drive is the name of a large public street within the Terra Vista Planned Coewaunity as well as a small private street within the Mulberry Place community located at the northwest corner of Vineyard Avenue and Arrow Route. (b) The existing duplicate street name situation constitutes a public safety concern. (c) This situation does not comply with the City's street n~ming provisions of City Code Chapter 12.12 and should be corrected. (d) This Commission hereby directs staff to begin the process to correct this street name conflict, pursuant to City Code Sections 12.12.040 and 12.12.050, to change the names of Mountainview Drive, Mountainview Way, · nd Mountainview Place within' the Mulberry Place co~unity located at the northwest corner of Arrow Route and Vineyard Avenue. 3. The Secretary to this Co~tssion shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. NAME CHANGE FOR MOUNTAINVIEW DRIVE May 12, 1993 Page 2 APPROVED AND ADOPTED THIS 12TH DAY OF MAY 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 Comminnion of the City of Rancho Cueamong&, do hereby ce~ify that the foregoing Reeolution wal duly and regularly introduced, passed, and adopted by the Planning C--lssion of the City of Rancho Cuc~monga, at a regular meeting of the Planning Commiseion held on the 12th day of May 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS~ DATE= TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT May 12, 1993 Chairman and Members of the Planning Co-~iss£on Brad Bullet, City Planner Gall Sanchez, Planning Commission Secretary AMENDMENT TO PLANNING COMMISSION ADMINISTRATIVE REGULATIONS BACKGROUND= On April 28, 1993, the Planning Cowmiss£on requee=ed that the agenda be revised to move Public Comments to the beginning of the agenda. To accomplish this, staff recommends that the Order of Business specif£ed in the Administrative Regulations be as follows: a. Meeting called to order b. Pledge of Allegiance c. Roll Call d. Announcements e. Public Comment f. Approval of minutes g. Consent Calendar h. Public Hearings i. Old Business J. New Business k. Director's Reports 1. Commission Business m. Public Comment n. Adjournment RECOMMENDATION: It is recommended that the Planning Coaw~£ssion approve an amendment to the Order of Businele in the Administrative Regulations by minute action. City Planner BB:GS:gl ITEM G