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.
VICINITY MAP
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CITY HALL
CITY OF
RANCHO CUCAMONGA
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
May 12, 1993
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Beverly Nissen, Associate Planner
CONDITIONAL USE PEI~MIT 93-03 - DEER CRE~K 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.
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)
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"'-..,_____.__,_,"______
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:
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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
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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 ~
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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.
/ /
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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
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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.
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SC - 2/91
4 of 12
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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
/ /
/ /
/ /
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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
/ /
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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
,/
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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:
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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
$. Trees ate prol~iOitecl within 5 feet of the outsi~e cliatnetef of any public storm clfain pipe
measurecS from II"le outer eclge of a mature tree trunl<.
6. PuI=41C StOrm drain easements snail be grapecl to convey overflows in tl~e evlnt of a
blockage in a ~urt~ catch I:~lin on the pub#c street.
,,./
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p. Utllltlll
1. Provide separate utility services to each parcel including sanitary sewerage system, water,
gas, elecmc power, telephone, and ¢al=4e I'V (all umlefgmuncl) in ~__,:~,_mance ruth the Utility
Stanctarcls. Easemerits shall be pfovidecl as required.
._../ /
2. The developer sl*mll be responsible tot the ralocation of existing uti~i~ as necessary. / /
~ 3. Water and ~wer p4an~ sl~il be cll~gned I~l ~stm~l<l t~ me~ the r~Nirament$ 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.
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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