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HomeMy WebLinkAbout1993/06/09 - Agenda Packetc,~CA MO~ 1977 CITY OF RANCHO CUCA~ PLANNING COMMISSION AGENDA WEDNESDAY JUNE 9, 1993 7:00 P.M. I~NCHO CUC~,IONGA CIVIC CENTER COUNCIL CH~4BER 10500 CIVIC CENTER DRIVE RANCHO CUC~%MONGA, CALIFORNIA me III· Pledge of Allegiance Roll Call Commissioner Chitiea Commissioner McNiel Commissioner Melcher Commissioner Tolstoy Commissioner Vallette Announcements A. PRESENTATION OF 1993 EXCELLENCE AWARDS FOR DESIGN IV. Approval of Minutes Adjourned Meeting of May 5, 1993 May 12, 1993 May 26, 1993 V. Consent C&lendar The following Consent Calendar items are expected to be routine and non-controversial. They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. Be TIME EXTENSION FOR TENTATIVE TRACT 14207 - }{WANG - A residential subdivision and design review of 28 single family lots on 19.8 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on Wilson Avenue, west of Beryl Street, south of Heritage Park - APN: 1062-051-01. Related files: Variance 91-03 and Tree Removal Permit 91-05. TIME EXTENSION FOR VARIANCE 91-03 - HWANG - A request to reduce the minimum corner lot width from 100 feet to 90 feet and the minimum lot area from 20,000 square feet to 14,502 square feet on Lot 28; to reduce the minimum lot depth from 150 feet to 146.19 feet and 145.75 feet on Lots 11 and 14, respectively; and to reduce the minimum average lot size from 22,500 square feet to 22,228 square feet within Tentative Tract 14207, consisting of 28 single family lots on 19.8 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on Wilson Avenue, west of Beryl Street, south of Heritage Park - APN: 1062-051-01. Related files: Variance 91-03 and Tree Removal Permit 91-05. TIME EXTENSION FOR CONDITIONAL USE PERMIT 90-20 - ARROYO DE LOS OSOS. LTD. - The development of 17.04 acres for a mixed office/commercial master plan, consisting of 11 office/retail buildings totaling 190,950 square feet with Phase i development consisting of 6 two-story office/retail buildings totaling 113,450 square feet on 3.21 acres of land in the Specialty Commercial District (Subarea 1) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between Baker Avenue and Red Hill Country Club Drive - APN: 207-101-13, 16, 24, 25, and 41. Related files: Tentative Parcel Map 13962 and Tree Removal Permit 91-19. TIME EXTENSION FOR TENTATIVE PARCEL MAP 13962 - ARROYO DE LOS OSOS. LTD. - A subdivision of 17.04 acres of land into 8 parcels in the Specialty Commercial District (Subarea 1) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between Baker Avenue and Red Hill Country Club Drive - APN: 207-101-13, 16, 24, 25, and 41. Related files: Conditional Use Permit 90-20 and Tree Removal Permit 91-19. VI. Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. VII · VIII. STREET NAME CHANGE 92-03 - CITY OF RANCHO CUCAMONGA - A request to change the street names "Mountainview Drive," "Mountainview Way," and "Mountainview Place" to "Snow Creek Drive," "Snow Ridge Way," and "Snow View Place," respectively within the Mulberry Place development located at the northwest corner of Vineyard Avenue and Arrow Route. 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. (Continued from May 12, 1993.) Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. commission Business H. HISTORIC PRESERVATION COMMISSION DUTIES AND RESPONSIBILITIES IX. AdJour-msnt The Planning Commission has adopted Administrative Regl/lations 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 CiTY HALL CITY OF RANCHO CUCAMONGA THE SEVENTH ANNUAL AWARDS FOR DESIGN EXCELLENCE CITY of RANCHO CUCAMONGA PLANNING COMMISSION ITE~ A 1993 R AWARDS E C for DESIGN EXCELLENCE I P I E N T S Honor Award Merit Award · COMMERCIAL SERVICE MERCHANDISE ~rOcJ~Ct Developer: Western Land PropeRies itect: Arcliitects Pacifica L~l. · OFFICE RED OAK OFFICE BUILDING Project Developer: Mighty Development Architect: Dave Szany_ & Associates Landscape Architect: Ben Callo, Enviroscape ARROW-HAVEN CORPORATE PARK Project Develope_r: Utica Haven Associates Architect: C.R. Carney Architects Landscape Architect: Jori Kawada & Associates · INSTITUTIONAL COYOTE CANYON ELEMENTARY SCHOOL A~'~?tect Develoi~r: Central School District t: Wofff/Lang/Christophe~ Architects, Inc. Landscape Architect:Randolph Hlubik and Associates · HISTORIC REHABILITATION DEMENS - TOLSTOY HOUSE ~Arc'~itect Developer: Peter Tolstoy t: Hartman-Baldwin · COMMERCIAL MoNToOMER ~ wARDs itect: Arcliitects Pacifica, Ltd. VINEYARDS MARKETPLACE .Proj~t Developer: Hughes Investments Architect: SGPA/Archltecmre and Planning Landscape Architect: Douglas Newcomb, Inc. · INSTITUTIONAL FIRE STATION NO. 4 - PHASE I Project Developer: Rancho Cucamonga Redevelopment Agency Architect: Wolff/Lang/Christophor Architects, Inc. Landscape Architect:RJM Design Group RANCHO CUCAMONGA HOSPITAL A~Proi~hect Developer: Kajima Development Corp. itect: I-IMC Group Landscape Architect: John Peters and Associates CITY OF RANCHO CUCAMONGA · PLANNING COMMISS {)N CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: Ju:e 9, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Steve Hayes, Associate Planner TIME EXTENSION FOR TENTATIVE TRACT 14207 - HWANG - A residential subdivision and design review of 28 single family lots on 19.8 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on Wilson Avenue, west of Beryl Street, south of Heritage Park - APN: 1062-051-01. Related files: Variance 91-03 and Tree Removal Permit 91-05. TIME EXTENSION FOR VARIANCE 91-03 - HWANG - A request to reduce the minimum corner lot width from 100 feet to 90 feet and the minimum lot area from 20,000 square feet to 14,502 square feet on Lot 28; to reduce the minimum lot depth from 150 feet to 146.19 feet and 145.75 feet on Lots 11 and 14, respectively; and to reduce the minimum average lot size from 22,500 square feet to 22,228 square feet within Tentative Tract 14207, consisting of 28 single family lots on 19.8 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on Wilson Avenue, west of Beryl Street, south of Heritage Park - APN: 1062-051-01. Related files: Variance 91-03 and Tree Removal Permit 91-05. BACKGROUND: Tentative Tract 14207 and Variance 91-03 were conditionally approved by the Planning Commission on May 22, 1991. The applicant is now requesting the first one-year time extension of the Tentative Map, Design Review, and Variance in order to allow additional time to record the final map and secure building permits. The State Map Act, Section 66452.6, allows for up to 36 months of extension. Extensions may be granted in 12-month increments. ANALYSIS: Staff has analyzed the proposed time extension request and has compared the proposal with current development criteria as outlined in the Development Code. Based upon this review, staff has determined that the project meets the basic standards for development in the Very Low Residential District with the exception of the items requiring a variance at the time of approval. The standards directly related to the variance have not changed; therefore, staff feels that the same justifications used to support the variance two years ago still apply today. FACTS FOR FINDINGS: The Commission must make the following findings in order to approve this application: ITEMS B & C j PLANNING CO~/~ISSION STAFF REPORT TE FOR ~'f 14207 & VAR 91-03 - HWANG June 9, 1993 Page 2 There have been no significant changes in the Land Use Element of the General Plan or Development Code or character of the area in which this project is located that would cause the approved project to become inconsistent or non-conforming. Be That the granting of an extension would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. RECOMMENDATION: Staff recommends that the Planning Commission approve the first possible one-year time extension for Tentative Tract 14207, and Design Review thereof, and Variance 91-03 through adoption of the attached Resolutions of Approval. BB:SH/jfs Attachments: Exhibit "A" - Site Utilization Exhibit "B" ~ Tentative Tract Map Exhibit "C" ~ Site Plan Exhibit "D" - Conceptual Landscape Plan Exhibit "E" ~ Conceptual Grading Plan Exhibit "F" - Wilson Avenue Streetscape Transition Plan Exhibit "G" ~ Tree Removal Plan Exhibit "H" - Building Elevations Exhibit "I" - Letters from Applicant for Variance Exhibit "J" - Site Plan Enlargements of Variance Exhibit "K" - Letter from Applicant Resolution of Approval for Time Extension for Tentative Tract 14207 Resolution of Approval for Time Extension for Variance 91-03 L t i I ~il,~.! Ill""' ~© WILSON AVENUE AT EAST UNE Of' LOT WEST OF' LOT 31 SCALE: 1' - 10' AVENUE ~ ~l EXISTING RESIDENCE ....... :.:.. ........ EXI'flBIT://F" SCALE: O~ Z z 54.,i,4 CARNELIAN AVENUE RICHARD DAHL TO: CITY OF RANCHO CUCAMONGA PLANNING DEPARTMENT FROM: RICHARD DAHL, CONSULTANT REF: REQUEST FOR A VARIANCE ON TWO LOTS FOR TENTATIVE TRACT 14207. BY MEANS OF THIS LETTER I RESPECTFULLY REQUEST THAT A VARIANCE BE APPROVED FOR THE FOLLOWING REASON: FIRST, THE MAIN REASON FOR THE REQUEST IS CAUSED BY THE CREATION OF A CUL-D-SAC, WHICH MUST FLARE OUT AT THE LOCATION OF THE TWO LOTS IN QUESTION. BECAUSE OF T~E NECESSARY FLARE FOR THE CUL-D-SAC EACH LOT LOSES APPROX. FOUR (4) FEET IN DEBTH ON ONE SIDE ONLY CREATING A LOT DEBTH OF LESS THAN 150 FEET. SECOND,THE LOT SIZES AND MINIMUM SET BACK REQUIRED WITHIN THE ZONE ARE MET WITH THE FOUR FOOT VARIANCE. SHOULD THERE BE ANY QUESTIONS OF THE APPLICANT OR MYSELF PLEASE FEEL FREE TO CONTACT ME AT ANY TIME. THANK YOU SINCERELY, RIC~IA~D DAI4L, CONSULTANT REPRESENTING JCL PARTNERSI4IP. RICHARD DAHL C,,RNEL,^N ^VENUE KANCI IO CUCAMONGA, CALIFOI~11^ 91701 E N T E R P R I S E S (714] 987-8763 April !7, 1991 MR. STEVE HAYES, PLANNER PLANNING DEPARTMENT CITY OF RANCHO CUCAMONGA DEAR STEVE: REFERENCE PROPOSED VARIANCE FOR TENTATIVE TRACT 14207 PLEASE AD TO OUR SUBMITTED VARIANCE FOR PROPOSED LOT 28. THE REASON FOR THIS REQUEST IS DUE TO THE CITY REQUIRED STREET ALIGNMENT FOR THE PROPOSED WILSON AVE. WHICH CREATES A SUB- STANDARD AND ODD SHAPED LOT. PROPOSED LOT SIZE WILL BE 14,502 SQ. FT. WITH THE FOLLOWING DEMENSIONS: 90.19 FEET ON EAST PROPERTY LINE WITH APPROX. 60 FEET ON WEST; 150 FEET ALONG SOUTHERN BORDER AND 173,24 FEET ALONG NORTHERN BORDER. HISTORY: CITY DID NOT WANT TO HAVE A LETTERED LOT OR TO BE USED FOR REST STOP OR EQUISTRIAN AREA. IT WAS FELT DURING DRC MEETING THAT IT WOULD BE BETTER SHOWN AS A NUMBERED CUSTOM LOT. STAFF WILL MAKE SURE, WHEN THE LOT IS TO BE DEVELOPED, THAT THE SET BACKS, ETC. ARE ADHERED TO. THE AREA DESIGNATED LOT B WILL BE CONSOLIDATED BY WAY OF A LOT LINE ADJUSTMENT WITH THE PROPERTY TO THE SOUTH (SAME OWNERSHIP). THANK YOU, RICHARD DAHL, PROJECT CONSULTANT $ (~P-C~7 EXI4m!T: ~-I" SCALE: I I i PLANNI'NC~ ~ '~ION ITEM: /-'7'/'-/,,~o7 e- ~'-~m,~ 9/-03 JOHN M, GARCIA & ASSOCIATES ~.~ N. SECOND AVE., SUITE "B" P.O. BOX 197~ UPLAND, CA. 9178~ (909)9#-1464 MAY 4, 1993 -- iilCIIVlD CITY Of Alii MAY 1 0 1993 CITY OF RANCHO CUCAMONGA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION P.O..BOX 807 RANCHO CUCAMONGA, CA. 9172 SUBJECTI REQUEST FOR EXTENSION OF TIME LIMITS FOR TRACT 14207 ATTN: MR. STEVE HAYES DEAR SIR~ THIS IS TO REQUEST TIME EXTENSION ON THE A~OVE TRACT. TENTATIVE TRACT 14207 WAS APPROVED BY THE PLANNING COMMISSION ON MAY 22, 1991. THE TIME LIMITS FOR COMMENCEMENT OF BUILDING THE TRACT WILL EXPIRE ON MAY 22, 1993. THERE HAVE BEEN SOME DELAYS IN COMPLETINGTHE IMPROVEMENT PLANS AND AN EXTENSION IS NEEDED IN ORDER TOMEET FINAL DESIGN REQUIREMENTS. FEEL FREE TO CALL ME AT ANY TIME IF YOU HAVE ANY QUESTIONS. VERY TRULY YOURS, /~/JOHN M. GARCIA, P.E. cc~ MR. JUNG HWANG RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME EXTENSION FOR TENTATIVE TRACT NO. 14207, A RESIDENTIAL SUBDIVISION AND DESIGN REVIEW OF 28 SINGLE FAMILY LOTS ON 19.8 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), LOCATED ON WILSON AVENUE, WEST OF BERYL STREET AND SOUTH OF HERITAGE PARK, AND MAKING FINDINGS IN SUPPORT THEREOF ~ APN= 1062-051-01. A. Recitals (i) Mr. Jung Hwang has filed an application for the extension of Tentative Tract No. 14207, and the associated Design Review, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." (ii) On May 22, 1991, this Commission adopted Resolution Nos. 91-43 and 91-44, thereby approving, subject to specific conditions and time limits, Tentative Tract No. 14207 and the design review thereof. (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, including written and oral staff reports, this Commission hereby specifically finds as follows: a. That prevailing economic conditions have caused a distressed market climate for development of the project. b. That current economic, marketing, and inventory conditions make it unreasonable to develop the project at this time. c. That strict enforcement of the conditions of approval regarding expirations would not be consistent with the intent of the Development Code. d. That the granting of said time extension will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. TE FOR TT 14207 & DR - HWANG June 9, 1993 Page 2 3. Based upon the findings and conclusions set forth in paragraphs i and 2 above, this Commission hereby grants a Time Extension for: Trac% TT 14207 DR for TT 14207 ADDlicant Jung Hwang Jung Hwang Expiration May 22, 1994 May 22, 1994 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JUNE 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 Co~mission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of June 1993, by the following vote-to-wit: AYES: COMMISSIONERS= NOES: COMMISSIONERS= ABSENT: COMMISSIONERS= RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME EXTENSION FOR VARIANCE NO. 91-03, ALLOWING A REDUCTION OF THE MINIMUM COP/~ER LOT WIDTH FROM 100 FEET TO 90 FEET AND THE MINIMUM LOT AREA FROM 20,000 SQUARE FEET TO 14,502 SQUARE FEET ON LOT 28; TO REDUCE THE MINIMUM LOT DEPTH FROM 150 FEET TO 146.19 FEET AND 145.75 FEET ON LOTS 11 AND 14, RESPECTIVELY; AND TO REDUCE THE MINIMUM AVERAGE LOT SIZE FROM 22,500 SQUARE FEET TO 22,228 SQUARE FEET WITHIN TENTATIVE TRACT 14207, CONSISTING OF 28 SINGLE FAMILY LOTS ON 19.8 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), LOCATED ON WILSON AVENUE, WEST OF BERYL STREET AND SOUTH OF HERITAGE PARK, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-051-01. A. Recitals (i) Mr. Jung Hwang has filed an application for the extension of Variance No. 91-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." (ii) On May 22, 1991, this Commission adopted Resolution No. 91-45, thereby approving, subject to specific conditions and time limits, Variance No. 91-03. (iii) On May 4, 1993, the- applicant filed a request for a 12-month time extension. (iv) On June 9, 1993, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. (v) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFOHE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission, including written and oral staff reports, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. TE FOR VAR 91-03 - HWANG June 9, 1993 Page 2 a. That the previously approved variance is in substantial compliance with the City's current General Plan and Development Code. b. That the strict enforcement of the conditions of approval regarding expirations would not be conelatent with the intent of the Development Code. c. That the granting of said time extension will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. d. That the extension is within the time limits prescribed by State law and local ordinance. 3. Based upon the findings and conclusions set forth in paragraphs i and 2 above, this Commission hereby grants a Time Extension for: Variance AoDlicant Expiration 91-03 Jung Hwang May 22, 1994 4. The Secretary to this Commission ahall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JUNE 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 Commiaaion 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 9th day of June 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: June 9, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Steve Hayes, Associate Planner TIME EXTENSION FOR CONDITIONAL USE PERMIT 90-20 ARROYO DE LOS OSOS, LTD. - The development of 17.04 acres for a mixed office/comercial master plan, consisting of 11 office/retail buildings totaling 190,950 square feet with Phase 1 development consisting of 6 two-story office/retail buildings totaling 113,450 square feet on 3.21 acres of land in the Specialty Comercial District (Subarea 1) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between Baker Avenue and Red Hill Country Club Drive - APN: 207-101-13, 16, 24, 25, and 41. Related files: Tentative Parcel Map 13962 and Tree Removal Permit 91-19. TIME EXTENSION FOR TENTATIVE PARCEL MAP 13962 - ARROYO DE LOS OSOS, LTD. - A subdivision of 17.04 acres of land into 8 parcels in the Specialty Co~ercial District (Subarea 1) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between Baker Avenue and Red Hill Country Club Drive - APN: 207- 101-13, 16, 24, 25, and 41. Related files: Conditional Use Permit 90-20 and Tree Removal Permit 91-19. BACKGROUND: Conditional Use Permit 90-20 and Tentative Parcel Map 13962 were originally approved by the Planning Co~ission on June 12, 1991. Approval was specifically granted for Phase 1 development which included all buildings and parking areas north and west of the Sycamore Inn Restaurant. In addition, a Master Plan was conceptually approved for the remainder of the site east of the Sycamore Inn. The master planned areas will require future consideration by the Co~mission as development is proposed. The proposed Time Extension would grant the current owner his first one-year extension to J~ne 12, 1994. The Development Code Section 17.02.100(B) allows three possible time extensions in twelve-month increments not to exceed a total of five years from the original date of approval for all projects approved by the Planning Com%ssion. ANALYSIS: Staff has analyzed the proposed Time Extension request and has compared the proposal with the current development criteria as outlined in the Development Code and Foothill Boulevard Specific Plan. Of particular concern was the current status and health of the numerous mature trees on the property, particularly the Sycamore trees in close proximity to the Sycamore Inn Restaurant. The Co~mission may recall that many of the mature trees ITEMS D & E J PLANNING CO~ISSION STAFF REPORT CUP 90-20 - ARROYO DE LOS OSOS, LTD. June 9, 1993 Page 2 (especially the Sycamore trees) on the property were identified to be in a state of decline, many even declared "living hazards" in close proximity to the Sycamore Inn, where tree trunks were filled with asphalt. Despite the poor health of a large number of critical trees on the property, the Planning Commission stressed the importance of preserving the "living forest", keeping the mature look of the landscape in perpetuity. Therefore, the Commission adopted a condition recommending that a Sycamore tree perpetuation and conservation plan be prepared by a licensed arborist to insure the "mature" feel of the landscape on the property. Other issues that were considered during the original public hearing (i.e., grading, parking) are sun~arized in the attached staff report from the June 12, 1991, Planning Co~ission meeting. In conjunction with the Time Extension request for the Conditional Use Permit, the applicant is also requesting a one-year extension of time for related Tentative Parcel Map 13962, which is proposed to subdivide the site into eight parcels (see Exhibit "A"). To summarize, staff has determined that the project still meets the basic standards for development in the Specialty Commercial District of the Foothill Boulevard Specific Plan, the general purposes and intent of the Hillside Development Ordinance, and all other applicable Development Code regulations. RECORDATION: Staff recommends that the Planning Commission approve one-year Time Extension for Conditional Use Permit 90-20 and Tentative Parcel Map 13962 through adoption of the attached Resolutions. BB:SH:mlg Attachments: Planning Commission Staff Report dated June 12, 1991 Exhibit "A" - Tentative Parcel Map ~3962 Exhibit "B" - Letter From Applicant Resolution No. 9~-77 Resolution of Approval for Time Extension for Conditional Use Permit 90-20 Resolution of Approval for Time Extension for Tentative Parcel Map 13962 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT June 12, 1991 Chairman and Members of the Planning Commission Brad Bull.r, City Planner Steve Hayes, Associate Planner ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 90-20 - ARROYO DE LOS OSOS. LTD. - The development of 17.04 acres for a mixed office/commercial master plan, consisting of 11 office/retail buildings totaling 190,950 square feet with Phase 1 development consisting of 6 two- story office/retail buildings totaling 113,450 square feet on 3.21 acres of land in the Specialty Commercial District of Subarea i of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between ~ker Avenue and Red Hill Country Club Drive - APN: 207- ~13, 16, 24, 25, and 41. Staff recom~ends iasuance of a mitigated Negative Declaration. Associated with this project is Tree Removal Permit 91-19 and Tentative Parcel Map 13962. PROJECT AND SITE DESCRIPTION: Action Requested: Approval of a Conditional Use Permit; Phase i site, landscape, grading plans, and building elevations; Phase Two master site plan; and a Tree Removal Permit and issuance of a Negative Declaration. Surroundin~ Land Use and Zoning: North - Existing condominium development and golf course; Medium Residential (8-14 dwelling units per acre) South - Existing commercial businesses; Community Commercial and Specialty Commercial Zones, Subarea i of the Foothill Boulevard Specific Plan East - Vacant; Specialty Commercial zone, Subarea i of the Foothill Boulevard Specific Plan West - Existing Commercial and single family residential development; Specialty Commercial Zone, Subarea 1 of the Foothill Boulevard Specific Plan General Plan Designations: Project Site - Commercial North - Low Residential and Public Facility South - Commercial East - Commercial West - Commercial PLANNING COMMISSION~ ~FF REPORT CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 2 Do site Characteristics: The 17 acre site currently contains the Sycamore Inn, Red Chief Motel, China Alley Restaurant, a private residence, and adjacent parking areas. In addition, a grove of 82 mature trees (mostly California Sycamores) is concentrated on the western half of the property. Also, an inactive Cucamonga County Water District concrete-lined reservoir is located on the eastern part of the site and a water tank exists on top of Red Hill, in the north central portion of the site. Existing grades on-site range from a north/south slope of roughly 3 percent in the southwest and south central area to a north/south slope of over 30 percent for the southern face of Red Hill, which occurs in the north central and northeast portions of the project site. E. Perkins Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footsee Ratio Required Provided PHASE 1: Office/Admin. 91,675 1/250 367 367 Specialty Retail 14,275 1/250 57 57 Restaurant 7,500 1/100 75 75 (sit-down} TOTALS 113,450 499 499* *See parking analysis for clarification. PHASE 2: Office/Admin. 60,000 1/250 240 245 Restaurant 17,500 1/100 175 175 (sit-down) TOTALS 77,500 415 420 TOTAL (BOTH PHASES) Office/Admin. 151,675 1/250 607 Specialty Retail 14,275 1/250 57 Restaurant ~5,000 1/100 250 612 57 250 TOTALS 190,950 914 919 ADDlicable Regulations: Within any Specialty Commercial center in the Foothill Boulevard Specific Plan, a Conditional Use Permit is required when over 50 percent of the gross floor area is proposed for office and administrative use, subject to the Commission's findings that the development meets the intent of the Specialty Retail zone, is a benefit to the community, and furthers the goals of the Foothill Boulevard Specific Plan. PLANNING cOMMISSION~ ~AFF REPORT CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 3 II. III. BACKGROUND: On September 19, 1990, the City Council requested that a Historic Landmark application be submitted to the City to include a potential landmark designation for key elements within the Bear Gulch area (the Sycamore Inn, significant trees, the Oso Bear Monument, potential archaeological features, etc.) prior to the issuance of any permits for the buildings associated with the Sycamore Village Project. In turn, the Red Chief Motel and Care was not to be included in the historic landmark designation, thereby acknowledging that their future demolition could occur. Please refer to the attached City Council Staff Report dated September 19, 1990, for further information on the landmark issue. ANALYSIS: General: The applicant is proposing to develop a two-phase master plan consisting of a six building, 113,450 square foot Phase i for office and retail uses, and a potential Phase 2, which includes an additional 60,000 square feet of office space and two restaurant pads totaling 17,500 square feet. The applicant proposes to develop the two-story buildings "A" through "E' and the two-story building "G" with underground parking as Phase i (see Exhibit "D"). Phase 2 is intended to be for master planning purposes only (see Exhibit "C"); specific approval of any or all buildings within this phase will require review through the development review process at a later date. The overall site plan design was derived based on a number of existing site conditions. First, the Sycamore Inn is proposed to remain intact and become the focal point of the project. Buildings "A# through "E" have been situated to complete an internal courtyard, with the Inn at one end, thereby emphasizing the importance of the restaurant. Second, all the buildings and parking areas have been plotted to preserve as many of the healthy California Sycamore trees as possible, with a number of the outstanding specimens located in the courtyard between buildings "A" through "F." Finally, the proposed structures have been intentionally kept off the side of Red Hill, which is a significant natural landform. The primary driveway location and configuration is a result of numerous intersection studies provided by the developers' traffic consultant (see Exhibit "I"). The driveway cut and traffic signal will be in approximately the same location as they currently are~ however, the angle of the intersection will be closer to perpendicular with Foothill Boulevard, thereby making turns into the driveway from westbound Foothill Boulevard easier. PLANNING COMMISSION~ '~FF REPORT CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 4 The internal circulation system has been designed to satisfy all Fire District and Engineering Division policies. The pedestrian circulation system is separate from the vehicular drive aisles. The proposed underground parking area under building "G" complies with all Fire District circulation requirements. Land Use Compatibility: The entire site is within the Specialty Commercial District of the Foothill Boulevard Specific Plan, which encourages land uses which promote a special landmark quality or create a special ambience unique to a particular subarea. The Specialty Commercial Land Use category allows a mix of office and commercial uses to "facilitate an interactive office/commercial environment." This site is entirely within the Bear Gulch Activity Center, where the intent is to focus on the existing restaurants (i.e., Sycamore Inn, Magic Lamp) and to provide similar and/or complimentary uses. A promotion of a village, pedestrian- oriented atmosphere is paramount to this specific activity center. In analyzing the proposed use breakdown, it should be noted that "ancillary office uses" would normally be less than 50 percent of the proposed building area. As noted earlier, over 50 percent office space in this zone requires a Conditional Use Permit. The proposal is for approximately 81 percent office in Phase i and 79 percent upon completion of the entire master plan. The architect is proposing to create an interactive office/commercial environment by utilizing the Sycamore Inn, creating retail and restaurant space, and introducing extensive pedestrian walkways separate from the main drive aisles. By mixing office employees on the same site with restaurants and other retail uses, there will be potential for reducing automobile trips and creating more pedestrian activity within the Bear Gulch Activity Center, as intended by the Foothill Boulevard Specific Plan. Because of the sensitivity and uniqueness of this site, staff can support this specific request to increase office area in this project since adequate commercial areas will be provided on-site to facilitate the intended interactive office/commercial environment. SYcamore Grove Perpetuation ConcePt and Plan: As noted earlier, a mature grove containing 82 trees, predominantly California Sycamores, exist on the western half of the project site. Based on previous discussions with both the Planning Commission and the Historic Preservation Commission, staff considers this grove to be an important community and historical resource. PLANNING cOMMISSIO~ '~AFF REPORT CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 5 During workshops with the Planning Commission, the owners indicated that their intention is to preserve as much of the grove as possible, not only because of its intrinsic value to the community, but also as a component necessary to the commercial success of the project and the existing Sycamore Inn. Because of the importance of the grove to the site and the community, staff felt that four key elements should be addressed prior to the removal of any trees or the issuance of any construction permits. These are: 1. An impartial assessment of the condition of the grove; A sensitive development plan respecting the grove as a whole, and preserving as many individual trees as possible; A detailed grove perpetuation plan outlining the protection of trees during construction phases, and regulating the management, maintenance, and perpetuation of the grove in the long-term; and 4. A legally binding agreement between the owners and the City ensuring implementation of the perpetuation plan. A brief description of these four elements follows: The original arborist 'report requested by staff found that many of the existing trees are in a state of decline and several were identified to be a "living hazard." The report indicated that it is not likely that many of the trees can be maintained alive for an extended period whether or not the site is developed. As a result, staff had requested a review by another firm to obtain a broader point of view. Although there is some question as to timing, the two arborists concur that without an active perpetuation program, the grove will continue to decline and, eventually, cease to exist as a viable resource. In light of this, the applicant has developed a site plan and a concept for the perpetuation of the grove. The site development plan, as proposed, attempts to preserve a majority of the trees in the short term. This is accomplished through careful placement of buildings and circulation areas and the use of permeable surfaces such as interlocking pavers in areas of trunk concentration. 7 PLANNZNG COMMISSZON~ ~PF R~PORT CUP 90-20 - ARROYO D~ LOS OSOS Juns~ 12, ~991 Page 6 Sixteen trees (12 of which are Sycamore) of the 82 existing mature trees on-site are proposed for removal due to development-related activity. These are designated as Category 1 trees, as shown on Exhibits "H-l" through "H-3." Category 2 trees are those which will be preserved as interim trees during construction. They will be protected until new trees, planted during the landscape phase of the project, reach maturity. Category 3 trees are intended to be preserved in the long- term, until they too reach a state of decline when replacement becomes necessary. The concept is based on the premise that the grove as a whole, rather than individual trees, is the living resource worth preservation. Its long-term survival will depend on a comprehensive program relying in part on removal of individual declining specimens as their replacements reach a given point of maturity. If the Commission can support the proposed Sycamore Grove Perpetuation Plan in concept, staff will work with the applicant and the arborist to finalize the specific criteria necessary to make the concept work. To ensure that this takes place, the following Condition of Approval is included in the suggested Resolution= Prior to recordation of the Parcel Map or the issuance of any grading or tree removal permits, the applicant shall develop and submit for review and approval by the Planning Commission, a comprehensive long-term plan for the perpetuation, management, and maintenance of the Sycamore Grove. This plan shall acknowledge the importance of the grove as a community, environmental, and historical resource and provide a detailed and tangible program for the protection and perpetuation of this resource. Following approval of this plan, the owner and the City shall enter into a legal and binding agreement, stipulating to abide by the provisions of this plan, to be recorded concurrently with the Parcel Map, and to run with the land. Compliance with the terms of this agreement shall constitute a prerequisite for the continued use of the site aB approved under the Conditional Use Permit. PLANNING cOMMISSIO~''AFF REPORT CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 7 In conjunction with the Conditional Use Permit, the applicant has submitted Tree Removal Permit 91-19 for the removal of 16 mature trees within the Phase i parking areas and building envelopes. Although a majority of the trees proposed for removal have been identified as unhealthy by the arborist report, staff would suggest that the approval of Tree Removal Permit be deferred pending approval of the final perpetuation plan. Gradina: As previously mentioned, a 30 percent slope forming Red Hill exists on the property across the north central and northeast portions of the site. In accordance with the intent of the Hillside Ordinance, this area should appear as natural as possible. However, the construction of Building "G," with its excavated underground parking garage, proposes a substantial cut into the base of Red Hill. To mitigate the impact of the cut, the slope behind this building will be graded with the natural contours of the land, avoiding an evenly distributed slope and providing a series of terraced retaining walls not exceeding 4 feet in height that are architecturally integrated with the buildings. These walls will be on the lower portion of the slope, not visible from Foothill Boulevard and include adequate room for landscaping between the walls. The landscape architect is proposing native species of groundcovers, shrubs and trees to enhance the natural appearance of the slope to hide any required swales or other drainage apparatus. By doing the increased excavation for Building "G", the original intent of viewing Red Hill as a natural landform will be met with only minimal interruptions to the slope of Red Hill. Parkina: Based on the proposed building area and use breakdown, Phase i of the project is required to have 499 parking spaces. Staff calculates only 497 spaces on the Phase i Site Plan. However, providing an additional two spaces, or a reduction in equivalent floor area, is included as a Condition of Approval for Phase 1. In light of the Planning Commission's previous discussions concerning parking within retail centers, it should be noted that the project has been designed to meet only the minimum parking requirements - 499 spaces. The project makes no provisions for other uses requiring more intensive parking such as barber and beauty shops, medical offices, optometrists, health spas, or other uses typically found within these types of developments. The applicant indicated at one of the workshops that floor area in Phase 2 could be adjusted as necessary to address this issue. PLANNING COMMISSIO~ ~AFF REPORT CUP 90-20 - ~RROYO DE LOS OSOS June 12, 1991 Page 8 Fo Desion Review Committee~ The Design Review Committee reviewed the project on three separate occasions, with the most recent review occurring on May 16, 1991. At that time, the Committee recommended approval of the project subject to the following= 1. The revised south elevation alternative for Building "G" should be pursued with the following conditions= The window and door treatment used on the pentagonal entrance alternative should be utilized. Low stone or concrete capped cheek walls should be provided to flank the main entry stairway. Potted plante should be utilized at the upper and lower terminus of the cheek walls, to the satisfaction of the City Planner. The wood members used to accent the central roof gable should be more substantial to appear in proportion with other wood elements of the building. do Wheelchair ramps for handicapped access should be shown on the revised Building "G" elevations. eo A detail of the exposed ceiling rafters above the primary entrance should be provided. fe The stone areas behind the low stone planters on the south elevation may be replaced with wood siding. All courtyar~ buildings should include stone bases to reflect the heritage of craftsman architecture. The east elevation of Building "G" should be revised to be in substantial conformance with the revised west elevation. The gable roof accent detail should be revised to include return timbers, plates, and ledgers where the wood frame accent element returns to the building wall. The window trim should be upgraded to a minimum size of 2-inch x 6-inch for all buildings. All railings within the project should be changed to reflect the new design reflected on the Building "G" elevations. The post beam cage detail on the courtyard buildings should be modified to a less contemporary design. PLANNING CONNlSSIOl~ ~APF REPORT CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 9 IV. All courtyard building windows should be similar in design (shape, mullion use) to windows on Building "G." The architect should prepare a three-dimensional rendering of the courtyard elevation for Buildings "A" and "B." Ge A detail of the termination between the wood siding and window framing should be reviewed and approved by the Planning Division during the plan checking process, with the preference that the wood siding tie into the window framing as opposed to the window framing placed over the siding. These recommendations have been included as Conditions of Approval. Technical Review Committee: On March 20, 1991, the Committee reviewed the project and determined that, with the recommended Conditions of Approval, the project is consistent with all applicable standards and ordinances. The Grading Committee found the grading plan to be technically acceptable on March 19, 1991, and recommended approval at its meeting of June 4, 1991. Environmental Assessment: Part I of the Initial Study has been completed by the applicant. Staff has completed Part II of the Environmental Checklist and found that although the project could have a significant effect on the environment in several areas, including traffic, soils and geology, and cultural resources, there will not be a significant effect on the environment in this case because of the mitigation measures which have been included as Conditions of Approval within the attached resolution. Therefore, if after reviewing the proposed mitigation measures specified within the resolution the Commission concurs with staffs findings, then issuance of a mitigated Negative Declaration would be in order. FACTS FOR FINDINGS~ approve the project, made: In order for the Planning Commission to the following facts for findings must be The proposed use is in accord with the General Plan, the objectives of the Development Code, the Foothill Boulevard specific Plan, and the purposes of the district in which the site is located. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION~'~AFF REPORT CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 10 Vo VI. The proposed use complies with each of the applicable provisions of the Development Code and Foothill Boulevard Specific Plan. CORRESPONDENCE: This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the project has been posted, and notices were sent to all property owners within 300 feet of the project site and all property owners within Subarea i of the Foothill Boulevard Specific Plan. The attached letter (see Exhibit "M") from a resident opposes the project based on traffic concerns. RECOMMENDATION: Staff recommends that the Commission receive all public testi~ony on the project. If after receiving all testimony, the Commission concurs with the findings suggested, then issuance of a mitigated Negative Declaration and approval of Conditional Use Permit 90-20 through adoption of the attached Resolution would be in order. Respectfully submitted, Brad Bullet City Planner BB:SH/jfs Attachments: City Council Staff Report dated September 19, 1990 Exhibit "A" - Site utilization Exhibit "B" - Master Plan Exhibit "C" - Phase 2 Site Plan Exhibit "D" - Phase 1 Site Plan Exhibit "E" - Conceptual Landscape Plan Exhibit "F# - Conceptual Grading Plan Exhibit "G" - Site Line Analysis Exhibit "H" - Tree Perpetuation Concept Exhibit "I" - Intersection Design Exhibit "J" - Building Elevations Exhibit "K" - Architectural Details Exhibit "L" - Letter From Applicant Exhibit "M" - Letter from Mr. Don Olsen Resolution of Approval with Conditions DATE: CITY OF RANCHO CUCAMONGA STAFF REPORT September 19, ]990 TO: Mayor and Members of City Council FROM: Brad Buller, City Planner BY: Anthea Hartig, Assistant Planner SUBJECT: POLICY DIRECTION FOR THE HISTORIC PRESERVATION COMMISSION REGARDING LANDMARK DESIGNATION FOR THE BEAR GULCH AREA - A request for policy direction regarding a potential Landmark Designation for the Bear Gulch area which would include the Sycamore Inn, the significant trees, the Bear statue and potential archaeological resources !the site of the proposed Sycamore Village project) but exclude the Red Chief Motel and Cafe. RECOMMENDATION: Staff recommends that the City Council consider the applicant's proposal and direct staff to condition the project requiring submittal of a landmark application prior to the issuance of building permits for any portion of the Sycamore Village project or prior to any sale of the land to a third person or entity. BACKGROUND: The Historic Preservation Commission forwarded to the Council a request for direction regarding potential landmark designation for the Sycamore Village site at the September S, 1990 meeting. The Council continued this item to their September 19, 1990 meeting and directed staff and the project's owners, Arroyo de Los Osos Partnership, to enter into negotiations regarding the feasibility of such landmark designation. The two aforementioned parties met on September ?, 1990 and the owners drew up a letter summarizing their position {see Exhibit A). ANALYSIS: In the course of discussion, staff and Arroyo de Los Osos Partnership representatives concurred that three options exist regarding the designation of the Sycamore Village site: that the designation process be initiated immediately; that landmark designation be a condition of approval to be met before building permits are filed; or that a landmark designation application is not filed. The owners agreed to support and initiate a landmark application after the project has undergone the Planning Commission and Council's review and approval but before the issuance of any building permits. Staff assuaged the owner's concerns that any such designation would interfere with the interior of the Sycamore Inn by agreeing that the future landmark designation would specify the Historic Preservation Commission's review of exterior changes only. CITY COUNCIL STAFF BEAR GULCH AREA September 19, I990 Page 2 ~T CONCLUSION: Based upon staff's understanding of the Council's September 5, 1990 discussion regarding landmark status, the compromise of conditioning the project with: the submittal of a landmark application for the Bear Gulch area, the preservation of a majority of the mature trees on the property, and historic mitigation, appear to fit with the Council's direction. Therefore, staff recommends that the Council consider the above proposal and would welcome any further direction you may offer. BB:AH:sp Attachments: Exhibit "A" - Letter to the Mayor and City Council from Verne Hinrichsen and Richard Crean 5007 Via Verde Rancho Cucamonga, CA 91701 September 12, 1990 The Honorable Dennis Stout, Mayor The Honorable William Alexander, Councilperson The Honorable Charles Bouquet, Councilperson The Honorable Deborah Brown, Councilperson The Honorable Pam Wright, Councilperson CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, California 91730 Re: The Sycamore Village Project Proposed by Arroyo de Los Osos Dear Mayor Stout and Fellow City Councilpersons: Thank you for your concern and your kind words regarding the Sycamore Inn at the public hearing on September 5, 1990. It is gratifying to know that my work all these years has not gone unnoticed in the community. The issue regarding landmark designation for the Sycamore Inn or the surrounding site is one that I personally feel strongly about. I have aNoided local, state or federal landmark designation for the SycamoreSInn all these years for many reasons. Because of the care with which we have always treated the buildings and the site, I believed that such a designation was unnecessary. Now that my son-in-law, Richard Cream, is processing his development proposals for the site, I firmly believe that landmark status would be costly and inconvenient. ! have also been uncertain about what impact landmark designation might have on a prospective lender or partner. My concern over landmark status was heightened by the recent consideration of the Red Chief Motel en~ the China Alley Restaurant as historic landmarks. My concern over landmark status may well change over time as the planning evolves and approvals are granted by the City. The compromise =hat ! would propose for your consideration would be to allow the current conceptual master plan an~ site approval for Phase 1 of =he Sycamore Village project =ha= has been submitted by Arroyo do los Osos to continue to be processed =hrough the Planning Commission end the other City bodies which would normally have jurisdiction over the review of that project. We don't currently plan on selling the project but would like to hold =he pro]act ~n the family into the indefinite future. However, prior to the t~me that we would call on the City to issue building permits for any portion of the Sycamore Village project, or prior =o the tsme that we would complete a sale of the land to any third person or entity which woul~ involve our loss of control over the land, we wo~ld agree to support landmark ~esignation for the exterior of the Sycamore Inn and would agree to submit a landmark applicatson co City of Rancho Cucamonga September 12, 1990 Page 2 the Historic Preservation Commission for consideration. Any landmark status would specifically involve the exterior D~ of the Sycamore Inn. As you have heard from your staff, and as we wish to make clear, we could not ever agree to landmark status for the interior of the Sycamore Inn. I understand from discussions with City staff that City staff is concerned generally with the archeological significance of the Bear Gulch ar~u, including Red Mill. Identification and preservation of any artifacts that may be discovered in the grading process on Red Hill -- rather than the issue of the profile of Red Hill itself -- is the historic issue. The quantum or location of grading is and should remain a planning issue. We are in full agreement with and express our willingness to have an archeologist on site during any grading that occurs in connection with Sycamore Village project. We would like to reaffirm our commitment to preservation of the sycamore grove on the Bear Gulch site. In the planning to date we have been able to preserve approximately 80% of the significant trees on site. The project proposes to add many more trees than are required by current City ordinances to establish and preserve the ambiance of the site. However, we believe that the method of preserving trees, location of new trees and other related issues are planning issues, not historic preservation issues. I understand that David Dean of Wolff, Lang and Christopher will be providing some conceptual ideas for you to consider at your meeting on September 19, 1990 to illustrate how the historic character of the site may be portrayed graphically in the new pro~ect. It is my hope that with this written assurance from my son- in-law and me, you will feel comfortable in deferring this issue to allow us to complete the normal planning process without burdening :he pro~ec: with another layer of review. we believe that our actions over the years have spoken for themselves and we appreciate your desire to reciprocate. Very truly yours, RICHARD P. CREAN, General Part.~.e.~ Arroyo de Los Cmos September 10, 1990 Mr. Matt Jordan, President Jordan Resource Group 2890 Inland Empire Blvd., Suite 102 Ontario, CA 91764 Re: Historic Mitigation Measures Sycnmore Village Project No. 8917000.11 Dear Mat~: Upon re-evaluating the site plan there are three viable solutiom to historic mitigation, two of which have been previously discussed. o At the southwest comer of Buildin~ 'D", ground level, in the area of the stair and balcony, a 20' diorarea could be placed. This essentially would be a di.~play case with a depth of 2' to 3'. The diorarea could work into the proposed storefront system used throughout the bull .d/n~ The intent of the diorarea is to work as a visual display of artifacts, documen~ and photo/rapla, as well as written material. A 'commemorative' walk composed of bra~ plaques mo-nted on stone bases could be placed throughout the courtyard area interp~ingled with the trees and seating elements. The plaques could relate to Rancho Cucamonga in the broader sense or could follow a timeline theme describin~ the use of the site from Captain d~ .~-',- through the Route 66 era. Thk would be descriptive in nature and would not rely on actual anifacu or photographs. A third option would be a combination of No. 1 and No. 2 above, placed in the trellis structure planned for the ~re~ between Building 'D" and the Sycamore Inn. This appears to be an ideal solution in many ways. It would serve to free up the wall surface on Building 'D" for tenant use, as well a~ lend more meaning to the trellis by expanding the idea of activity to this portion of the site. This is visualized as having the displays spnnning between supportins columns and fa¢int inward towards the trellh, creating a sequential series that would work as a 'tUneline. The trellh would be kept as open as possible with vines being encouraged to grow. Vtrgmia Dare Tower Mr. Matt Jordan Historic Mitigation Measures Sycamore Village Project No. 8917000.11 September 10, 1990 Page 2 Specific a~eas of the trellis might be made wider to encourage pausing and refleaion Plaques could be integrated with the tre!li_~ coltrams. A brief list of historic milestones and landmarks worthy of consideration are: 2. 3. 4. 5. 6. 7. 8. Uncle Billy's Tavern The Tapia Treasure Sycamore Inn during Prohibition The 'Movie Sta~" connection Native Americans on the site Butterfield Stage Stop Attempted lynching of Dona Merced Route 66 If you need any other information or would like to diso_,t_~ these options, please give me a call. Very truly yours, DAVID E. DEAN Project Manager DED:c, aa 91700011.1tr ~IrDVTIIA 40004 I m m 0 · ~iBm~ "q~:aul.zed so~o sol ~p o,r~ue gOVqqlA !l.,,,,, ,, , Ill I ![ it I~ i I II ~10¥'I'IIA ~o~v:),~s; ,I ,.I = , lit, iJu~fsu ~ t ---- '- I ,tt'~ [,,,,,,,J], ~ Il ~'"' ', i Ii iiiiii~i mI t giOYqqlA [~ tlkat / , i ! ,I III',, / I Jed $o~o sol ~p o~oJJe ~OVqqlA i! ~lgVqqlA sol ap ~ID¥'T'IIA [ ~/UO~V3AS { I , 1. C'O~ IIIIIIIIII I .~J3u~,Jed $o~o so~ ap c~o.ue ~10VqqlA ~IrD¥"rllA ~iD¥~I~IIA :I ~IOV'I'IIA :a~[OtdV~RS I J~'~',isJ;~ul.~m::l soso so~ ;~p o~(o.~e Ji ATTORNEYS AT LAW I 131 West Sixth Steer Post Office Box 1515 Ontario, California 91762 Telephone (909) 983-9393 FAX (909) 391-6762 COVINGTON-CROWE Samuel Crowe Douglas'C. Frost Louis lay Dennis George W. Porter Robert H. Reeder Daryl I. Lander Robert E. Dougberty Howard S. Boronstein J. Michael Kaler Donald G. Haslam R. Douglas Donesky Eric S. Vail Robert F. Schauer Tammy S. lager Michael L. Armstrong Edward A. Hopson Denise Matthey Stephen R. Wade Katrina West Maurice G. Covington Jette R. Anderson Kimberly A. Rohn Of Counsel Audrey A. Petri Richard R. Muir Tracy L. Tibbals Debra L. Barbin Harold A. Bailin Melanie Fisch Rakesh C. Lal ( 1930-1988) April 22, 1993 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 APR g 1993 Attn: Brad Bullet Planning Director Re: Environmental Assessment and Tentative Parcel Map 13962; Environmental Assessment and Conditional Use Permit 90-20 (Arroyo De Los Osos, Ltd.) Dear Brad: Planning Commission conditional approval for Environmental Assessment and Tentative Parcel. Map No. 13962 was given on June 12, 1991. Conditional approval for Environmental Assessment and Conditional Use Permit No. 90-20 was'also given by the Planning Commission on June 12, 1991. The C.U.P. approval expires June 12, 1993. Its expiration would make it impossible to satisfy the conditions imposed a Tentative Parcel Map No. 13962. As you are probably painfully aware, the intervening period of almost two (2) years has presented the developer of this property (as the owners of many properties located within the City) with severe market restrictions on continuing forward with the project. The lack of tenants has made locating construction funding virtually impossible. Therefore, while the applicant remains committed to this project and to satisfying the conditions which have been imposed on both approvals, the applicant would request an extension of both approvals, ' for an preferably additional two (2) year period. If there is a fee or other form in which this request should be made, please give me a call at your earliest convenience. of COVINGTON & CROWE EAH: 11d A'I~rORNEYS AT LAW 1131 West Sixth Street Post Office Box 1515 Ontario, California 9 i 762 Telephone (909) 983-9393 FAX (909) 391-6762 COVINGTON 'CROWE Samuel Crowe Douglas C. Frost Louis Jay Dennis George W. Porter Robert H. Reeder Daryl J. Lander Robert E. Dougherty Howard S. Borenstein J. Michael Kaler Donald G. Haslam R. Douglas Donesky Eric S. Vail Robert F. Schauer Tammy S. Jager Michael L. Armstrong Edward A. Hopson Denise Matthey Stephen R. Wade Katrina West Maurice G. Covington Jene R. Anderson Kimberly A. Rohn Of Counsel Audrey A. Peru Richard R. Muir Tracy L. Tibbals Debra L. Barbin Harold A. Bailin Melanie Fisch Rakesh C. Lal ( 1930-1988) April 29, 1993 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Attn: Steve Hayes A~sociate Fianxxer Re: Arroyo De Los Osos, Ltd. Environmental Assessment and Conditional Use Permit 90-20 Environmental Assessment and Tentative Parcel Map 139'62 Dear Mr. Hayes: Per our telephone conversation on Tuesday, April 27, please find enclosed a check in the amount of $549.00 from the applicant in connection with the request to extend the approvals on the above referenced planning commission actions. We understand that the matter has been tentatively calendared for the planning commission agenda of June 9. If this date is changed, please advise me at your convenience. EAH:lld cc: Client of COVINGTON & CROWE RESOLUTION NO. 91-77 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 90-20, FOR THE DEVELOPMENT OF 17.04 ACRES FOR A MIXED OFFICE/COMMERCIAL MASTER PLAN, CONSISTING OF 11 OFFICE/RETAIL BUILDINGS TOTALING 190,950 SQUARE FEET WITH PHASE 1 DEVELOPMENT CONSISTING OF 6 TWO-STORY OFFICE/RETAIL BUILDINGS TOTALING 113,450 SQUARE FEET ON 3.21 ACRES OF LAND IN TRE SPECIALTY COMMERCIAL .DISTRICT OF SUBAR~A i OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN BAKER AVENUE AND RED HILL CO~RTRY CLUB DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APNs 207-191-13, 16, 24, 25, AND 41. A. Recitals. (i) Arroyo De Lee Oeos has filed an application for the issuance of conditional Use PeLfnit No. 90-20 as described: in the title of this Resolution. Hereinafter in the Resolution, the subject Conditional Use Permit request is referred to as "the application.' (ii) On the 12th day of June 1991, the Planning Commission of the City of Rancho Cuc~nga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (i£i) All legal prerequimitem prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORe, it lm hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamong& as follows~ 1. This Co~nimmion hereby mpecificall¥ findm that all of the facts set forth in the Recitals, Par~ A, of this Resolution are true and correct. 2. Based upon mubmtantial evidence prmmentmd to this Conunismion during the above-referenced public hearing on June 12, 1991, including written and oral mt&ff rmpoc~cs, together with public testimony, thim Commission hereby specifically findm as followm~ (a) The application applimm to proporty located on the north side of Foothill Boulevard, between Baker Avenue and Red Hill' Country Club Drive, with & mtrmmt frontage of 1,287.74 feet and lot depth of 632.99 feet and is presently improved with the Sycamore Xnn, Red Chief Hotel and care, 82 mature tremm, curb, gutter, on-site parking armam, water storage tank, a private remidmncm, and a water reservoi=~ and PLANNING COMMISSION RESOLUTION NO. CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 2 91-77 (b) The property to the north of the subject site is improved with an existing condominium development and a golf course, the property to the south of the site has commercial development, the property to the east is vacant, and the property to the west is developed with single family residences and retail businesses; and (c) The property is zoned "Specialty Commercial" by the Foothill Boulevard Specific Plan; and (d) The project contemplates the demolition of the Red Chief Motel and care but will require the filing of m Historic Landmark Designation for the Sycamore Inn, the mature trees, the See Bear Statue, and potential archaeological resources prior to the issuance of building permits, as per the direction of the City Council on September 19, 1990; and (e) The project contemplates the removal of 16 mature California Sycamore Trees during the initial construction phase; all of which have been classified in deteriorating health by the City's arboricultural consultant; and (f) The project development il proposed to be phased with the construction of Buildings "A, B, C, D, and G" occurring initially. The second phase (Buildings "H" through "K") will require specific review and approval in the future. 3. Based upon the substantial evidence presented to this Commission during the above-referenced ~ubllc hearing and upon the specific findings of facts set forth in paragraphs i and 2 above, this Commission hereby finds and concludes as follower (a) That the proposed use is in accord with the General Plan, the objectives of the Development Coda and the Foothill Boulevard Specific Plan, 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 he detrimental to the public health, safety, or welfare or materially in~urioue to prope~ciee or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code and Foothill Boulevard Specific Plan. 4. This Co~ission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Coawaimsion hereby issues a mitigated Negative Declaration, with appropriate mitigation measures incorporated in the Conditions of Approval. 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 attached Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 3 91-77 Plannina Division 1) 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 Bernardinol and (2) any and all required filing fees assessed pursuant to California Fish and G~me 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 Notice of. Determination together with a receipt showing that all fees have been paid. In the event this application is determined exempt from such filing fees pursuant to the provisions of the California Fish and Game Code, or the guidelines pro0mlgated thereunder, except for payment of any required handling charge for filing a Certificate of Fee Exeml~cion, this condition shall be deemed null and void. 2) The window end door treatment used on the previously reviewed Building "~" pentagonal entrance alternative shall be utilized on the south entrance of Building "G." 3) Low stone or concrete capped cheek walls shall be provided to flank the main entry stairway. Potted plants shall be utilized at the upper and lower termini of the cheek walls, as consent calendar basis. 4) The wood members used to accent the central roof gable shall be ~ore substantial as to appear in proportion with other wood elements of the building, ae approved by the Design Review Committee on a consent calendar basis. PLANNING cOMMISSION RESOLUTION NO. 91-77 CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 4 5) 6) 7) S) 9) 10) 12) 13) Wheelchair ramps for handicapped access shall be shown on the revised Building "G# elevations in a location that satisfies all Planning Division and Building and Safety Division requirements. A detail of the exposed ceiling rafters above the primary entrance shall be provided for further review of the Design Review Committee prior to the issuance of building permits. The stone areas behind the low planters on the south elevation of Building 'G" may be replaced with wood siding. All courtyard buildings shall include bases to reflect heritage of craftsman architecture, as approved by the Design Review Committee on a consent calendar basis. The east elevation of Building "G" shall be revised to be in substantial conformance with the level of detail proposal on the west elevation. This elevation shall be reviewed and approved by the Design Review Con~nittse prior to the issuance of building permits. The gable roof accent detail shall be revised to include return timbers, plates, and ledgers where the wood frame accent element returns to the building wall, as approved by the Design Review Committee on a consent calendar basis. The window trim shall be upgrade4 to a minimum size of 2 inches X 6 inches for all buildings. All railings within the project shall be chang~l to reflect the new design rollmctel on the Building "G" elevations. The post beam cage detail on the courtyard buildings shall be e~dified to a less contemporary design. This detail shall be revised for further review of the Design Rev£ew Committee prior to the issuance of building All courtyard building windows shall be similar in design (shape, mullion use} to the windows on Building PLANNING COMMISSION RESOLUTION NO. CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 5 91-77 14) 16) 17) A three-dimensional rendering of countyard elevations for Buildings "A" and "B# shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits. A detail of the termination between the wood siding and window framing indicated the window framing and wood siding "bleeding" into each other, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Prior to recordation of the Parcel Map or the issuance of any grading or tree removal permits, the applicant shall develop and submit for review and ·l~rovel by the Planning Co~mission, · comprehensive long-term plan for the perpetuation, management, and maintenance of the Sycamore Grove. This plan shall acknowledge the importance of the grove as · community, environmental, and historical resource and provide · detailed and tangible progrmm for the protection and peZl~tuation of this resource. Following approval of this plan, the owner and the City shall enter into · legal and binding agreement, stipulating to abide by the provisions of this plan, to be recorded concurrently with the Parcel Map, and to run with the land. Compliance with the terms of this agreement shall constitute · prerequisite for the continued ule of the site Is approved under the Conditional Use Permit. If ~ny pu~cion or the entire project lite il sold, the developer ihall inform any potential buyer(i) of the rtquirement of thl Sycamore Grove Pe~petuetion Plan for the site. Prior to the issuance of any permits, · SOPA- cez~lfied archaeologist contracted by the City through fund· deposited by the applicant, shall be given me much tim~ ~8 he or she demml necelsary to become knowledgeable of the grading, r~val of plan~ materials, exam=ins p.ving .nd/or st~c=ures, or any o=he= each PLANNING COMMISSION RESOLUTION NO. 9~77 CUP 90-20 - ARROYO DE LOS OSSa June 12, 1991 Page 6 19) 2O) 21) 22) moving activities. The archaeologist .hall have the authority to stop or t~mporarily divert construction activities for a period of 72 hours in order to illell the significance of the finds in the event that any deposits are uncovered. He or she will be required to im~ediately alert the Clty's Planning Division. The Planning Division, in consultation with the archaeologllt, shall determine the necess~ measures if such dlpolitl are unelrthed. The project owners shall notify and make arrangements with ~ny potential buyers, lessees or contractorl of this work-stoppage possibility is that potential economic loss is avoided. Those approved mitigation measures shall be affixed to all copill of the proJect's grading plans. If significant digging reveals any subsurface findings (as determined by the archaeologist), all work shall Itop in that area until an appropriate data recovery program can be developed ~nd implemented. The cost of such a program shall be the rllpOnlibllity of the applicant. All archaeological relources recovered during the project development shall be donated to a local institution that has the proper facilities for curetlon, display, and use by qualified scholars. Costs of such curieion shall be covered by the project applicant. Prior to the issuance of any demolition pemitl, the ~d Chief structures shall be documented in full per NABS (Historic American Buildings Survey) standards by a City-approved architect. Staff shall approve this documentation in full before permit issuance. Only after the issuance of building permits for the Sycamore Village project will demolition permits for the Red Chief structure be issued. The project owners shall submit a Landmark Application for the Sycamore Inn after project approval and prior to the issuance of building permits. Any alterationa, reconstruction, or relocation of the Oso Be~r Statue will require a Landmark Alteration Permit per City ordinance 2.24.120. PLANNING COMMISSION RESOLUTION NO. 91-77 CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 7 23) 24) 25) 26) 27) 28) Slope planting shall be required to mitigate the potential for erosion and increase soil binding capabilities per the requirements of Development Code Section 17.08.050(1). All construction equitxalnt shall be properly maintained and serviced to minimize exhaust emissions and adhere to required noise levels adjacent to residential areas. Construction equipment hours shall be restricted so aa not to exceed the maximum allowable noise levels, as established by Section 17.08.080(D) of the Development code. The applicant shall submit & Minor Exception Application to the Planning Division for all buildings exceeding the maximum height limit of 35 feet by less than 10 percent. The Minor Exception shall be reviewed and approved by the City Planner prior to final Design Review approval for all buildings within Phase 1. The streetscape treatment (i.e., landscape, furniture, and hardscape) shall comply with the requir~ments and guidelines of the Foothill Boulevard Specific Plan. The public sidewalk along Foothill Boulevard shall be designed to be proper~y line-adjacent with a width of 8 feet, lncludl a terra cotta concrete color and be located a minimum of 5 feet from the face of the ultimate curb. The detailed landlcape/lrrigation and street improvement plans shall reflect this condition to the satisfaction of the Planning and Engineering DlVlliOnl prior to the issuance of building All parking spaces fronting Foothill Boulevard shill be screened through the use of betming, 1o~ walls, evergreen shrub hedgerowl, or a combination thereof, to the satisfaction of the Planning Division. ALl prospective tenants shall be made aware of the inferred location of Red Hill fault before signing lease agreements. A standard format lecter shall be submitted for review and approval of the City Planner prior to the issuance of building permits. PLANNING cOMMISSION RESOLUTION NO. CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 8 91-77 29) 30) 31) 32) 33) All trash enclosures shall be located in areas somewhat concealed from view of main streets and shall not hide key architectural elements on adjacent buildings or cause internal ciroulation conflicts, to the satisfaction of the Planning Division. There shall he provision for the following design featurel in the trash enclosure to the sat£sfaction of the City Planner= a) Architecturally integrated into the design of the center. b) Separate pedestrian access that does not require opening the main doorl to include self-cloling pedmstri~n door. c) Large enough to acco~aodate two trash bins. d) Roll-up doors. e) Trslh binl with counte~weighted lids. f) Architsc~urally treated overhead shade trellll. g) Chain link Icreen on top to prevent tralh from blowing out of enclolure and designed to be hidden from view. Trash collection shall occur between the hours of 9 a.m. and 10 p.m. only. All operations and bulinelsel shall be conducted to co~ply with the following stand.ds, which shall be incorporated into the lease agreement of all tenants= &! Nolle Levell. All cc~ercial activitiel ihall not create any noile that would exceed an exterior noile level of 60 dBA during the houri of 10 p.m. to 7 a.m. and 65 dBA during the houri of 7 a.m. to 10 p.m. A uniform hardlcape and street furniture treatment, including trash rsceptaclel, free-standing potted plsntl, hike rackl, light bollardl, benches, etc., shall be utilized for PLANNING COMMISSION RESOLUTION NO. 91-77 cUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 9 the project and shall be designed to be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to issuance of building permits. 34) Graffiti shall be removed within 72 hours. 35) All future building pads shall be seeded and irrigated for erosion control. Detailed planl shall be included in the landscape and irrigation plans to be submitted for Planning Division approval prior to iSluance of building 36) All future projectl within Phase 2 of the project lhall be designed to be compatible and conlistent with the architectural program est~blished. 3?) The entire lite lhall be kel~ free of tralh and debris at all times, and in no event lhe11 trash end debris rim&in for more than 24 hours. 38) The applicant shall resolve any Building Code compliance difficulties (with const~uction of canopies, propez~y lines in relation to walls and other openings, and roof tile installation to withstand severe winds) with the Building & Safety Division prior to lSluance of building 3~) L~ndsc&pe fingers shall be provided within rows one per evil7 liven spacls, to thi latinfaction of the Planning Division. Planters lhall have a mini~u~ width of 6 feet (OUtlids dimeslion). 40) & m£ninmm of two additional parking spaces or reduction in equivalent floor area lhall be provided within Phase 1. The landscape and grading plans shall be reviled to reflect this requirement prior to the lieulice of permits. 1) The exilting overhead utility (telec,-.-..unicetion and electrical) on the project side of Foothill Boulevard shall be undergrounded (all poles along the project frontage shall be removed) prior to public PLANNING cOMMISSION RESOLUTION NO. CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 10 91-77 improvement acceptance or occupancy, whichever occurs first. The developer may request a re{mhursemlnt agreement to recover one-half the City's adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. 2) Construct the full north half street improvements on Foothill Boulevard, except for the easterly 350~ feet which may be deferred until development of the adjacent property or construction is feasible. 3) Provide right-of-way and construct right turn lanes for both project driveways. 4) Provide · bus bay west of the main entrance. 5) An in-lieu fee as contribution .to the future construction of the median island landscaping within Foothill Boulevard shall be paid to the City prior to the issuance of building permits. The Imount of the fee shall be one-half the cost of the landscaping times the length of the project front·ga. 6) Recon·truc~ the San Bernardino Road intersection and upgrade, modify, or relocate traffic sign·lB, as necessary, to the satisfaction of the City Engineer. 7) Acquire necessary easements and construct Master Plan Storm Drain Line 32-B, including lntercel~cion facilities on the notch side of Red Hill Country Club Drive southerly to meet the existing portion south of the Southern Pacific Railroad. The developer may receive fie credit and request · reimbursement agreement to recover the cost of Permanent ]4liter Plan facilities in accordance with City Policy. B) An access easement in favor of the propez~cy to the east shall be provided. 9) Obtain ·n easement and construct the Joint use driveway located adjacent to the went project boundary, 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. CUP 90-20 - ARROYO DE LOS OSOS June 12, 1991 Page 11 91-77 APPROVED AND ADOPTED THIS 12TH DAY OF JUNE 1991. PLANNING COMMISSION OF THE cITY OF RANCHO CUCAMONGA ATTEST~~retary I, Brad Bullet, Secretary of the Pl~ln£ng Co~mieeion of the City of Rancho Cuc~mong&, do hereby certify that the foregoing Resolution wae duly and regularly introduced, palled, and adoWed by the Planning ~lllion Of the City of Rancho Cucamonga, at a regular meeting of the Planning Co~nlleion held on the 12th day of June 1991, by the following vote-to-witl AYES~ COMMISSIONERS~ CHITIEA, MCNIEL, MELCHER NOES~ COMMISSIONEP~I NONE ABSENT: COMMISSZONER~ TOLSTOY, VALLETTE DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS APPUCANT 8HAI.L CONTACT THE I~ MillIll~. DIVISION, (714) II1-1111' FOIl COIIHJAHC~ WITH THE FOLLOWING CoN0moI~: A. Time Umlt~ o shall expire, unless extended by the Planning C~,.,.~.:~n, II buklng peruate are not ismmcloral:)lxovecltme hllnotca..,, e~citlwlhin 24 mm~ll~lmmthe ~aleel Ilal~vaL Dcvelor..,~c. d/Deeign Review ~lll be alll~ov~ i~m' le / / A¢txoval ol Te~lilve Tm~l No. i gmnl~l ~ le the apl~oval ol 4. TIlt dlvliOp IfilIll CC. ,. ,~1 fiCI, plltkltll ill, lfld COlibor 11uIl k) bl (x.,.~l ~lCld, panicipatecl ~, Or Omma~l~l, a U.~ rlo,~ Comm.nly Faailm OI.a~ (CFO) forme a tim stalJonto oofvo tho,de,,q10p ,~lnL The mllon ehalbe Iooaled, dealgnarl, andbuat to aocofdlnoe Bah III neede. In Iny bulking of a it18oo, the ~11~plr Ihd oomply with all yF!'~qf. fl IIl~llld,.." qlLIrl hCFOllllllbllOfillldl:ly~11 01111~ IltdlltedlvelOl)er S. Priorto mco.d:fcnogthe finalmap~tf~i~uance ell~kllng peffnl8, ,JAVu~Mvercomos first. the applicant Ihil oonlent to, or ~ in. tho I_'-~qlY.,~l.'i& ol · IdelO-Roos Commurdy Facitieo ~ Ior tho com(mcliofi arid ~ Qd nl=lela,y fact#1111. ~g, if any IcI1ool dillflcth181:nvioolly iJt "YldlUCIllC, Qgllmunlty Factlilies Distrk:t, the al~k:arl ~all, Intl~ -~lw.,, ~.l, em-4enl to the -~mm~"~n Q4 the project ~e ~o the temloe/ot mJc~ exi~ing Oi.t~t I:mr to the ,,_ = =:cl ~Le c4 the IInal n~) or Itte isluance ol buidlng pemds, whlr. l~ir ~omes Iirl. Further, II the allectacl sclx)ol districl ha8 nol lc)n~ed a Melo-RQo~ Comn'4m4y FIcilllll ~ ~twelve monlhl from the clate ol aleoval o~ the i)roiecl and i~or to the racon:lallon ol the fin/real) or issuance ,. / /,,, I / __ /, · C - 2/~1 I of 12 This condition shell be waived if the City receives nofice that the apMcant and a# affected school dletrkn have entered into an agreement to [xivatMy a.:]:~.mmucmte any and all school impacts as a remit of this project. 6. Prior to recorclatJon of the final map or p~c)r to issuance of building permits when no map is involved, wrtlten certificatinn from the affected wmer disatct thin acisqume sewer and water facilities 8re or will be avmgM~e to serve the pmpow~ project ~ be subn~tted to the Department of Community Development. Such letter must have been issued by the water district within 90 days Ixior to final map approval in the ca~ of mJIxlivisto~ or p~or to issuance of permits in the case of all other re~lentiat projell. J / ~" 1. The ~e she# be devebped am meintane~ in a_~:C;nce w~m me areroved prom which include ~ Wan~, ami~itectund eleva~rm, extefi~ maleri~ and colm~, landl ;~"~g, sign program, and grading on file in the Plannk~ Divlekxt, the o~ndl:Anl contained herein, Development Code regularinto, and F'ocr~, II 2. Prior to any use of the project ~e or btminees actlvtty t)etng cx~,.,, I~c,;cl thereon, Conditions of )qxovat ehel be completed to tla sir J~a_Mn of tla Cly Planner. / / / / / / V/ 6. AIsita, grading, landlcape, kTtgllk)n, lndllllMk,,l~(y.s.,~l.dpllnllhllbecoerdn~tedfor comMwncylx to WOf ypermb(mch as grading, true mmovi, encmachment, bulking, ,It), or ixkx to fini map aPlSmVi In the tale of a custom Iof lulxliviak)n, or algOl/Ovid ule has ec.,.,L!rl~ld. '~li~l'lt~ al' a tirol v/ 7. A m. W l m.M emvlew. .n a m v.e m. C,, yP ,nnerand SheriIs CJ;l~,j.d (~ee.~11)pitMk)theillulnMotl~lildingpMmill. SuChpi~nsheg JlNdJl~l, 111MTliltik~ J, IliadS, atlclfi~(Mlhilldin~ io Ilnotlo adversely ,./ / / / 8. IfnOc:,dt ~zgdtrllhi4Cl~l! ~ilnlpmvk~d,~ltrllhp~k-uplllMI btfMkY~MdulJun~s w~h al rice,tidal ~ from pubic vtl~, ,t(: - 219! 10. AN grour~nted twisty ap~JrtMlarce~ ~uch as I(/rit..~.,,JJ, AC OOr~llrs~. =, etc., shall Ix locited out of pul~Ic view taxi m:lequmely Kinened trm~ugl~ tl~e ule of a conWinmJon ot concrete or mamNy wans, benTting, ancl/or ~NclaFrk'tg to Iho t,dtafict. ion of the CRy 2 of t3 Com~tcuo. 11. Street names shall be submitted for City Planner review and approval in accorclance w~h tha acIoMed Street Naming Policy prior to apl:)rovai of the final map. / / 12. All building numbers 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 Malter Trail clrawing~, shall be submitted for City Planner review and aplxoval prior to approval and re~Klaliofi of the FinlliTract Map and to aptxoval of street impmvemant and grading plan~ Developer shall upgrade and constnJct all trails, including fencing and drainage devices, in conjunction wilh street improvements. / / 14. Tha Covenants, Cond#ione and Restrk:tlone (CC&Ra) IMII not prohibit tha keeping of equlne __/ animals where zoning roquiromentl fcx'the keelMng of ~ antmall have been met. I ndivickJal lot ownars In subclivisWne Shail hive the olXlon of keiM~ laid antmail without the necessity of appealing to .boards of climetots or hO. JOw!~.:..' a~laUons for amendments to the CC&R$. 15. The Covenants, Conditions, and Restriotione (CC&Rs) and Articles ol Incoqx)raUon ol the Homeowners' Association are subtact to the aplm)vai of the Planning and Engineering Dlvisiori8 and the City Attom~. They shall be rico/clad corGiITer1~y wllh the Final Map or prior to the issuance of building pennill, ~ oomm first. A reinmad cx~)y shall be pmvk~ed to the Cay r:nginw. 16. NIpIrlMM, open aresJ, andlindf;~r'qgshll bopMmlnontly ~ bythepropefiy owner, ho. iov. r~g.8' egtoc'f/tiofi, or other miles II:;Ip* ~11 to the Cly. Proof of this lanclscape maintenance shall be sul=mitlad tar Cl,/Plannor and City Engineer review and 17. Solar aocess easemania shall Ix dadioltecl for the puq)0es of assunmg that eaGh lot or dwMling unil M here the dgh~ to W suniigM aGmM adllDinl IMI or unila tar use of a solar ene~ lystem. The elt!.,j.d~ may bt coMllnad in · Ol~. %n of ResMctioha tar the subdiviM)n wNch shell I~e ~ mm=unemy wilh the rl c ~ ~,, "~n of the final map or mum of permits, w~Jcha~lr (:omes firM. The OTll~,~lnti shll W the ~ of sb~dlr o~, purlulrlt to Olq;ai~.,J.'d Code Seclk)fi V/ 18. The I:~ (:x)Mairl · Clll!~'~ld HiltlxtGal Landml~k. The ilia M be dl~)ii~.d and matnlainad ~ amerdami w~ the HiMe~ W Meratien Pennl Ne. · Any ~udher mocllicalimIl to Ute Me inducl~, I~ r~ W to, exte~x' Moratiom and/or intedor"lte_ "xw wNch IfMct tho OxtMIor of tho I~dklMglM Iracares. mmovalof landmarl< trees, ,~ .~l'~n, rolocatloa, ~ of tinMings or laUeWmo, or ctwtgos Io t~ site, stroll require · ,,.xl'fic ~kn 1o tho Historic Lamlmmk AlWatiofi Pem'd suNoct Io Historic PresMvIIJMI C4h,.~, '~ IlOfi ~ Irld C. Bullcling DMign SC - 2/91 An allernaivi Inelgy sysllm is ~im~ Io lxovicla W hot wllM Mr III Ming units and for heating any i/.k~.,,Ing pool or ~ unlees ofhM aWnlive ewgy sy, Wms are cla,,,Gc_l,'_tldlo beof equtvllenlclpactly anclMfiden~. NI4v,i,.,,%gl=QOllinsWlad atthe time of Jnifill dovtlo~,J.d M 13e sul:~emlnlad will1 IolM halting. O~i shell be incluclad Jfi the I:uildlng piles and shall be sulmdUad for Cily ~ revlaw ind approval pdor to the issuance of I=uMing pen~s, All dwellingl shall have the front, $icM and reit olavltions upgraded wi~h Irchitectural treatment, detailing and Increased dolinestio~ of surllce froMmerit ~ to City Planner review and ;N:R:)mvai prk~r !o issuance of building I:Wn~l. 3 of 12 _.../ / / / / / / /, Standard patio cover plan~ for use by the Homeowners' Association shall be submitted for City Planner and Building Official review and approval prior to issuance of IxJilding pernits. All roof aplxJrtenancee, including air conditioners and other roof mmJnted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Divi~ion. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. / / / / D. Parking and Vehicular AcceM (Indicate detalia on building pilfil) V/1. All parking lot landscape islands shall have a minimum outlidl dimension of 6 feet and shall contain a 12.1rich walk adlacer~ to the parking stall (including culb). ,v,/2. 3. perking spr, a slull I~ ckxele atpod I~r City a aml al df~way aisles, entrafices, arid exits siva# be striped per City stafxJard8. .~/ / / / 4. A#unit~$hallbeptovidodwithgaragodooropefiorsifdfivewllysaro le~than18foet in ~ t deplh from back of sidewalk. The Covertams, ~ and Reeaicfione emil reatdct the ~)rage M recreational vehicles on thi8 ate unle~ they am the pdnc, ipll t~urce of b'l~l; =rillion for the owner and prohibit / I 6. Plato for any secudly gatee 8hal be subhated for the Cly Pllrme~, City Engineer, and ---/ / Rancho Cucamonga Fire Fvolection Di~lcl review and approval pdot to i~uance o~ building permit. E. Landscaping (for IXd),dy maintained IndocatM 8ruo, row to Section N.) L,/ 1. AdetMledlmnciscmpemndinlgMi~pMn, induding81o~p&uflingmndmodethorne m / / ing in the ~ Of perm~ or iMM finat nllp aR~wai in the mot I cureore lot ett ~t~n. v// 2. ExistingtrlNmqukldtobeptlllrvldinpllc4Mblpmte(~ldMIhlOmlt/TlctionlDerder --/ / TheiocMk~dlhOMIrNek)beproMwodinp48c4 arid new JocatJofis for b ripl't dodtrees $hal be I~Mt Ifil dMIIl~ '-,KII: y i I~. 3. AminknumM trNIIMrgn~sacm.oM,q~ledo11Mfolowingslzeg, srmllMpmvtded ---/ I wilhln th~ I:N~oct: %. 4~. inch box o~ i~0M', % - 38. inch box o~ larger, __ % - 24- inch box or IIf~r, __ %. 15-gll)n, and %. ~ gallon. 4. AminimumM .~0 %oftree~plam~w#Nnthepmtect~MIl~edrnen~zetmes- 24-inch box or .. 5. Within paddng Io~, trees shall 13t planted II a rate o( ofte 15-gMl~ tree tor eve~ three pad(ing stals, sufficiem to shade 50~ of the paddng area at sollr noon on AuguSt 21. / / / /__ SC- 2/91 4 o~12 6. Trees shall be I~anted in areas of punic view adjacent to ant] along structures at a rate o! one tree per 30 [/near feet of building. V/ 7. AIIp,tvateslagebenks5feetorletsinverlloatheightandofS:1 orgmaterslope, but less than / / 2:1 elsie, shaJl be, at minimum, in~gated and landscaped with al:q:~date gl'ound cover for erosion control. $k~ planting required by tl~ section shall include a pefmanem irrigation system to be inataHed by the developer IMor to o~. AIIprtvateslopesinexcessofSfee~,butleMthenSfeet inverticalheigNendof2:1orgreater ----/ / slogs shall be landscaped and in~gated for eresion control and to soften their aggearence as follows: one 15-gallon or larger size tree per east 150 aq. It. of slogs area, 1.gaJlon or larger size shrub per each 100 sq. R. of slope area, and aggmlxlate ground cover. In addition, slope banl~inexceesof 8feetinvertloat heigNand ol2:1 orgreaterllogeshaitaleoingludeone S-gallon or larger size tree per each 250 sq. ft. of slope erMk Trees and ~ shall be 9. For single family residential develogment, all slope planting and ir~gation ~ be continu- / / ously maintained in a heallhy and Ihdving metaitlon by lbs developer unlll each indMciJal unit sitall be conducted by the Ptanntng ~ to datM'mJfio that they are in satisfactory 10. For mulHam#y rHidential encl non-residenttat devsiol~,J.d, property seroera are resix)n- ~ / sible for the continual ..-t,~.nance M all landscaped areaa os. Me, M well H contiguous la4ante(I atom Mlhin the I~ righl.~-way. AI la~l :%0ed areas 811811M keGIt free from 11. From yard lendacaping shal be required pMthe Duet.NO,,, L'a Cede and/or __/ · This requirement Ihd be in edditlon to the requimci street troes and s&:eo pmn,ng. 12. The final deslgfi ol the pefinmer partMays. wds. '-~ =N~r.g. and sidewalks sha, be / required I)y Ihe r'l~'Ma&'tg DtvlllOrL t// 13. Specill Ilndl(~ge feltutle lud] II moundlng, aluvlll/adt, Igedmen Itte trees, nmander- / /-- V/ 14. Landl:~Lokt0aftdlnlgationeyaternlm(NimdtobeinMagedwiadnthe~dght-ol-wayon .---/ the pMimMIt 01 tNI I:Xt)je~ area ihal be ~ maintained by the diveleper. / / / / SC. 2/91 Sot 13 F. Sign~ The s~gn~ indicted on the sul~nlttec] plans are concolXualonly anti not a parl of this approval. Any 81glm proIx)Md for this development shall comply with the Sl~n Ordinance and shall require sel~rata aliication and approval by the Planning Division prior to installation of any A Uniform Sign Program for ~is developmen~ shall be submitted for City Planner review and apl~oval pn~or to i~uance of building pMm~. Director/monument sign(s) shall be provided for al~rtmenl, condominium, or townhomes prior to oC~Ul~ancy and shall require Selfrate ~ and approval by the Planning Division pn~ to iMuan~ of building permill. G. Environmental Proi~ .,,'o.: c v P C/ ~' ~ ~ / / / / The developer shall provide eacl~ ~ Ix;yet rollten notice o~ the Fourth Street Rock Crusher ixotect in a ~tandard foimat ~ clMermln~l by Ihe Cay Planner. prior to ame~ng a cash clepoM on any property. The developer slml provide each Ixx.:p.:&'e IxJyer wrlten noti~ M the City Ad~Xed Spa:MI ~ Zo~ for N R~I HIll Fault, In a ~landaKI ~ # dM~ 13¥ Ihe City 3. ThedevMopershaitlXOVklea~pmslxc~iv~buyer mtlt~nMic~Mth~r-oo~lFre~Nay _../ ;xolecl in a ~andard format a~ ~te,,,~ir.:d by the City Pta~Mr, lxtor to aCr~lXing a cash 4. A final amuaical relxm sMII be ~l~ilted lot City Planner re~w and al~reval Ixior to the / ~suance M ~ilding parma. The final relxm ahall ~ the level M linedot nome attenuMion to bMow 45 CNEL, the I~Jitdlng maleda~ a~l ClxtlnJGIkxt t I; h,tqUll W, ancl if a;~:#ol:~. v~ the Idlt3JlW of ifil nlllg~ mlllUrll. TItl Ixdldlng IXIIll will be H. Other AgeKill V/' 1. Eme~enw~mr~la~aoeem~albelmWk~linamo~lanoeMIh~Cu~amongaFire / · Pn)l&,31on DtMricl ~11ndlrdl. V/ 2. Eme~gencylcce~Ntilbel~Wid~l, mainlMtMl~lmea~lcilear, amlnin~mo126fNtwide --J at al timl~ dultno amlllUCtion in ~ with Raltelte C4~1 ,~,410a Fkl Prot~"tion Dtlal~ t~.. il~.,~ II111. V'/ 3. Prior to illJlltl~ (M IX~ pMm~ kX GomlxJlIIXl (xXItltJ(~, evidMIM ~1~11 be submltld k) ~ RMttlX) Gu~; ,(~r-,g~ Rm P~,Xl,t~ n DilbtGI ~tll tempom~ wMer mR:~y Ior fk~ pmtl.~t M wllM~, pending oc,,,jiUion M requ~ld fire r~ti_~n i~tem. 4. Theappi~mll~l(xmtlclllte U.$.Polt~Sewt~m.ddr,,..~l~he~r,4xl titypeand kzc~Wn of nmll boxe~ MVF: I- ,, :~y reeidlflM div~ll;I; ,, I.~ ihlil proviM · ~ overhead stnJ~Um tot roll b0xN wth IX(Nile IgNlng. The !klM kx=Mkm ot the mM box# m~d the to the IMuan~ M building penTie. ./ / sc- 2/91 5. For projects using leplic tlnk flc~4~es, vvdttln certlficlfion of ~3~,(.,ll~l~y, including all ;uppoAiv~ inlom~tliOn, ihlli I~ ~ froAt tilt Sin BMnlA]ifiO C~xmly OM)lrlment of Tar~ Permlts, and ix'tot Io isauance of 13u~ik~_ .p~. 6 or 12 APPLICANTS 9HALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) ~-18~3, FOR COMPUANCE WITH THE FOLLOWING CONDITIONS: I. Site Developmlfil i/' 1. TI~9 applicanl ~11 comply with the latest adopted Uniform BuikJing ~, Uniform Mechani- cal ~, Uniform Plurn~ ~, Naliorml Elecfftc Co41. m~l all other ~ ordinances, and regulations in effecl at the ~iml of i.~JinCe of telltire permits. Please contact tl~e Building and ~afety Divi810n for copies 01 the Co01 AclopUon Ordinance and __/ / Prior to i..uance of building permits for a new ret~len~l dwellrig urd(s) or major a~itlon to existing unit(s), the applicant shall pay develolxn~ntf~ It Ihe 9 _V_'- P itt~d rate. S~ch fees may inclug, ~ are not limit~to: Cily BeauUfication Fee, P~k Fee, Dmirmge Fee, Systems Development Fee, Pe~m# and Plan Checking Fe~, and School FM. Prior to illoance of building ~ for I new c6,,.,~1~c'-' or Indultdal clIv. B~p ,~..~t or addWon to .n eximing development, the IlOpicant shall ply .dm, itor.,~l.4 leel at the e~t-"l:ltx;d rate. Such lees may inctiJde, but are nol IIn111~d Io: $ylllfi~ ~nl Fee, Dr~ Fee, School Fees, Petrol ~ ~ CI~ Fees. 4. StreetaddressesehallbeprovtdedbytheBuildingOIlicill, dtm't~i:~.~ Lllniprecordalon and prior to Weuance ~ building pomare. __/ / J. Existing $truclurel ~/ -1. Provide (x)nT)aance with the Uniform Building Codt !or the pf~)erty firm clearances considering ule, itel, and firl-~41k$'inl II 01 lxilUflO IlJik:lnoI. the InWndld use ortho 1ouilding ~ildinO perfid __ / 3. The .dlv, io~,,, I.d i8 located 'ddlhin the ,oil erosloft cx~Irol I~x~l,d~; · Sol Dlllutt)lnce . . .// Plfmiil fl(llJIfld. PIIIIIQOfllCISInB4.,,-.,"V, oCoufly Dip ! b,~l.llolAgftl:xJtuflll(714) 387-2111 kxpemllt ~Dl~k:~Oon. Docu,,~i "~nof wch pem11.hllbe.umVn.d tothe City p~k~ m t~ l.amnce o~ mug~ g~m~g pem~. A geologlcal mixer sl~11 be ixePar~l ~ a qualified englneef of geoiogilt and mdm~lffecl at the time of appllcation for gra~ p~ check. The finll gr~ piths shml be co~ and ~3txoveCllmOrm is.um~e o~ ~11ng perm~s. 70fl~ 2/91 6. AS a custom-lot subdivision. the following requirements shall be met: a. Surety ~al Ix postecl and an agreement executed guaranteeing completion of all on-site drainage fadaries rmco~ary for dewatering all parcels to the satMactfon of the Building and Safety Division pdorto final map approval and pdorto ttm i. uance of grading permits. b. Appropriate easements for safe dtIxmal of drainage water that are conducted onto or over adjacent parcels, am to be clearmated and recorded to the satiMactldn of the Building and Safety DMmon ~ to esauante of gracl~ and building permits. c. On*site drainage iml:~ovemants, necessa~ for dewatttng and I~oteofing the sul~livided peope~tles, are to be iratailed p~:)r to lsa~ of buiUng I:~ for construction upon relative to wl-~h a building permit ls requested. do Final grading plans for each parcel are to be agratired to the Building ~ Safety Divlsldn for approval pdo~ to i~uanco of building and gradlng pem~its. (Thi~ may be on an incmmanlaf or comlx)ite paals.) e. AIl~fopebenksin excoesof 5 feat Inve~tkzl heig~ N~all be ~dedwilh native graeses or planledwth groundcorm'for eroalonconlrol UlX~Cc.,~ Idlonof grldlng or iome other cloes not rafHes the i=plle. mX/dev~tolx~ from cc.,~Xla~ w-~ trm ~ I~lnting mquiremenll of ,Section 17.0~.040 1 ol the I~lvllolx,J.d Caxll. __J / ._/ / / / . AP~ SHALL CONTACT THE ENGINEERING DIVISION, (114)N~.lI~,,FORCOMPLIANCE THE FOLLOWING CONDmONS: L Decllcltlon Im:l Vlllll:ullr ~ Rigl~ts-of-w~y ~ el..,I.~li M be ~ Io the Cly for II Ilsflor ~ streets, community triM, I~l~k ~, ~ llrKl_; T, areas, Mimes, ~ pul)ic clmnage and/or tentlive ~ (meesurlcl m ii111 ~l.i~l/IKI): GO IMIIMM on ,/ to~l INI on 3. An i,,,vo, rt'~laolferol~llcl~il'cnlor -flxxWillrOlCMy:--::,J.1111111bellla 'for afl p~vafe afrlafl or dltVll. 4. Non-vehlcuiar was shal be ,da :r: lad to the Cly tM the folowing areMs: .,,J L,/ 5. Recipmcala(=ceeseasemen~ attallbepmvldedef~uringacc~toallparcol~ I~/CC&Rs, or 0y dHcll and shafl be mcon:lecI concu/Tenlly wlh Ihe mlp or P~tor to the Msuanco of sc o 2/91 8 oir 12-- ' Private drainage easements for cross-lot drainage sh811 be provided and sl~all be delineated or noted on the final map. CankaLe,ion D~m: / / 7. The final map shall clearly delineate a 10ofoot minimum building restriction area on the noigNx~g lot lidjoining the zero lot line wall and conlain the lollowing language: / / 'YWe hereby dedicate to the City of Rancho Cucamonga the right to prohibit the construction of (residential) buildln~ (or other sUuctures) within those areas designated A maintenance agreement ;hall also be granted from elch lot to the adi~nt lot through the ¢C&R's. ~// 8. A~exi~ngea8emer~y~ngwithinfu~uredgh~e-~-w~y~h~bequi~c~imed~de~ineated~n ---/ , the fin,ml malp. ~// g. Easements for public sidewab anchor s~em ~eee p~md ou~k~e ~e pu~lo r~hl-c~-way $hd be Wed to lhe Cily wherever they enl~ol~h or~ prblMi propMty. ~'~ 10. Ack~n~ ~e~ r~-~-way sha, be Wed ak~ng r~m ~ne~ m provue a n~n~um mm ~ne, a par~ mre~ uee rnak~enanoe ea#mem ~ ~e pmv~ecL 11. The devek)l~ Ihlll m~ke i good flllh effMt Io Ioqukl the recNkiN~ oil-de propMty Illemit8 .~/ tile c~veloper shal, at ~am 120 c~ys pmr U) ~ M the fir~ map k~ approval, enter ir~o an ad~Le.,JJ to We O~e knp~mefll pu~uaM t) OovemmeM 0o01 8e~lon 684e~ m euc~ ~me as the C,y acqu~e~ the property ~IM#11 requ~ed kx~t engravemeres. Such ~'ee.,, I.~ M pm~de kx pm/mml by ~te.dl~laplrM II M k~urred by the ¢~y to acxNklthe o~-Me pmgMty ~lerlMe requked kl oann i.ta nMth the mJbclvMWn. Security for i r~rllon M lh~ golll M be ln the tmm M i MMl depoM in lhe mT~nl gJven tn an apgrlM regaet oblMned by the Wr, i di~,ilap i¢8 oaeL The IpprlMM d h~ve ~een apgnwed by Ihe Cly prat W w,.,Jncl.,J.d M ~e N~pmMiL 1; All pui~k= i.q,.,.,(e.,J, di (interior mirNrta, drainrage frodiMs, mnm~unly b'mM, pei4mm, 18nclK~ped m, elc.) shown on the ptem mldto~ tentMvo nup M be constmctod to Cily Stlndln:ll. Inledor ~lreel impmvemM~ el~11 imlude, bul are no~ limlteO to, cure and / / u'/3. 0ormru~ me ~ perumet mrNt I,,¢O~e., I.'~ Jn01udJ~. but nol W tO: / / / / Note~: (a) Median islarxl include. lar~ and irrigation on meter. (b) Pavement reoor~tKiclion ~ overlays will Ix determined during plan check. (c) If so marked, side- wlk shall be curvilinear per STD. 304. (d) if so marked, an in-lieu of constnJCtton fee shall be pmviciecl for ~8 item. I/// 4. Improvement plans and conilmcfion: ao Street improvemenl plarm including sireel tieel and Mro~ ligll~, prepared by a regis- tered Civil Er~r, shall be nj~miRed 1o and approved by h'm CRy Engineer. Security sha, be posted and an agreemere execmed k) the ~ r ~aL~:O n a' the Cly Engineer and the Clly Attorney guaramNing cc,,,~.(l~on ol Ihe IXJMC Ind/(X IMVl~ ItmM impmve- menIs, prior to final map al~xovll orthe iilulnGe ol building perm~, whichever occurs finst. __/ / bo Prior Io any work badnO pedormed In publk= dgN.<)l,mmy, fmmM I~ ~ ~ a con~truction permit shall I~ obtlined from ~ Clly Englne~g C341k~ in EXIIion Io any othe~ penTms required. / / Signal cxH'i:lul MIh pull boxes I1~1 I)l inlllllCl on Iny n.w conllrucllon or re~)ns~Jction M rrmlor, ~(~y M cokclor ~ whi~ irl~c~ MI~ ol~r rMl=r, ~(=n(~ry or cokc~ mmem for future trMfic slgnM~. Pu# I~ ~hll ~ ple=ed on I~h .lcle~ of the street at 3 feM outsicM of 8CR, ECR or any olfmrloMIM~ NRmw~lby the City Engineer. (1) M ~1 ~x)x# M M ~. e u~ae. ~ ~m~n.(~ by the C, ly Engmw. (2) Com~ua M ~ ~k~ch ~ .tN~ W pdm~. Whim Chlk rimIx M I~ inltllld (~ II four oomon M inlillaia pit Oily / / f. ExMllng Cily n)ldl requMng (~ Ihll rlmlin open Io trMIk= II all t~ with ----/ adl(WlledMIx#ldmtng(=Ml~ AIIiIM(=k~ultpl~/nlybt ilquilld. Acash cl~ Ihllll)e IXOvkled k)(xwe'lheMMgrldlnglmlpIvlng, whid~ ~hlllbe mlundKlulX)ncc,,,~Yel10n (~!heGMIImaim~)lhe t "'1 ~nMIhe Cly Engineer. g. C(~.,Y, {yddrMIl~M~lnM~,l?dlwa~. UnderMWNIkm M be __/ S. SIm~ b,(,,,,;i.,J.d plm pM ¢ty $1t,~ dv f(x d rYNle Imlll lMibeW review anti appmvM bythe CI,/EnglnNr. I:'r~lomy wmk being ped~,,,~ed on the ~ vato strNtB, fNsBhilbepBidandcx)mlruc~onpMmlsahalboob4ainodhomgw City 6. Slreet trNL a minimum M 1S-galon s13:e M la~M. ShMI I)e inMMed pMCly Standarcts in · -:<<.~dlnGe wilh the Cily'$ streel true I~ 2191 10 of 12 ~.f 7. Interse<~ion line of site (M$igrm shall be reviewed by the City Engineer for conformance with ac~te~ po,cy. a. On collectre' or larger streets, lines of sight shall be plotted Ior all project intersections, including ddveway~. Wal~, signs, and slopes shall be located outside the lines of sig~. Land~plng and olber obstructions within the lines of sight shall be aplxoved by the City Engineer. b. Local residential street intemactiorm shall have their noticeabilib/improved, u~uaJly by moving the 2 +/- closea~ street trees on each side away from the street and placed in a street tr~e ~/' 8. A permit~$hal!be ol~ine~ from CId. TRANS for any work within the following right-of-way: 9. All public impn:wemlnll o~ ttm 1olloudng MrlMI ~ be OpMIUonllly ~mpMte prior to trm issuance of building Ix)m: _._/ / .._/ / / / / / 1. A separato sM of landlCape and irrigalion plan~ per Eng:nlldng PuDIc Wo~k~ $m stroll be ~bmi~ed to t~ City Engin~f tot rev~w ~gl ~R=mv~l pdor to Ik~l m~p ~=roval 2. A signed conseel and waiver rolm to join end/or form the · r i:x~Mato ~ and Ughting DistrictsMIx filedwith theClly Engineer ixtofiofinalmlPalNm)vllor iimmlXieotl)uilding permit/wht:hlveroccurlfirlt. Fo,.. tVn(x~lMbe home by the developM'. 3. AO required puMclan~,:~r'~gandi~dgationeymeme ~bellbe~xmanuou~/~ bythe devek~er unto ~=:ep~ W me C~. / / 2. It shag be the cla~afopifl fl~sofid31ly to have the cu~em FIRM Zone clasignatto~ removed from the ~ Iml. The ,de~?gplr'l mlinNr M IXIpltl MI nl~lll-~y rlpMII, pilM, lad h~JLl=9~r/~/Wluic =I~/~lW. A Condlim~ LMW of Map P,~d~on (CLOMR) M be Millined m FEMA Ixt~to fi~l n~l) ~l~mmi (x ~s~mnce o~ I~lng pMmlm, wNc~e~r ~ ~. A I.e~, M M~ P4vWm (LOMR) 1~ 3. A final drainage Mudy cheil be ~ubmltted to and ~ I)y the Cly Eflg~ pdM to final facilities shall be if~ aS rlQuirl<:l by the City Engineer. SC - 2/91 t ! of 12 4. A perTnlt from the County Flood Control District is required for work within its right-of-way. Trees are prohibited w~hln 5 feet of the outside diameter of any public ston~ drain pipe meamJred Imm the outer edge of a mature tree tnJnk. j~6. Pul~ic sto~n drain easements shall be graded to convey ovedlow~ in the event of a blockage in a sump catch basin on the public ~treeL P. IJtllltlee 1. Provide separate utility $ervio~ to each parcel including sanlie',/sewerage syatem, water, gas, electric power, telephone, and ¢a_h~ TV (all underground) in ac~,~rclance with the Utility Standards. Easemenls shall be pmvkW:l as required. 2. The developer shall be responsible for the reloc, a~on o~ existing utlat~ a~ neceMary. 3. Water and sewer pian~ $hal be designed and OMmlmetl<l k) nleM the requimmenls of the Cucamonga Coune/Water Diaatct (CCWD), ~ Cucamonga I=im PrelectIon Disirk:t, and tile Environmental Hel#h DIF-b,~!'tl M the Courtly M ~ ~e.,,; difiO. A littel' whichever __,~,c,_ Jm fkst. ._/ .._/ / __./ / __/ / O. General Fl~qul,,i .~lnl~ and Al~rovale 2. An eaMmenl for a joinl ueed~vewly IhallbelXOVldedlXtOr to final map al~mwal.or 6.A Ilgnld l and wliv~ lomt t~ jl~ $ ~ the LI~ g-d6,,_ I.]ul.d Comfilunity Faciallee DiUril eMI Inc filed wlh tl~e ely Englne~ in, or to lira mel~ aleXOval M t~ Prior ~ finabltlon M I~/dlvOlo~,.:.d I~ee, eulltolenl ku~.od'l,,,.I.d ~ Ihll be com- pleted beyond the phMe boundaM to aMum u~a nclr~ amitl and dr~ iWection to the mi~actlon of the City Engineer. Ptm~ munOame M oo.,Ul~0nd to lot inn shown on the a~ved lemative ram). __/ I / / / / / /__ .I4: - 2/91 12 of 12 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE TIME EXTENSION FOR CONDITIONAL USE PERMIT 90-20, THE DEVELOPMENT OF 17.04 ACRES FOR A MIXED OFFICE/COMMERCIAL MASTER PLAN, CONSISTING OF 11 OFFICE/RETAIL BUILDINGS TOTALING 190,950 SQUARE FEET WITH PHASE i DEVELOPMENT CONSISTING OF 6 TWO-STORY OFFICE/RETAIL BUILDINGS TOTALING 113,450 SQUARE FEET ON 3.21 ACRES OF LAND IN THE SPECIALTY COMMERCIAL DISTRICT (SUBAREA 1) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN BAKER AVENUE AND RED HILL COUNTRY CLUB DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-101-13, 16, 24, 25, AND 41. WHEREAS, a request has been filed for a time extension for the above-described project, pursuant to Section 17.02.i00(B) and the Development Code~ and WHEREAS, the Planning Commission conditionally approved the above-described Conditional Use Permit on June 12, 1991. SECTION 1= The Rancho Cucamonga Planning Commission has made the following findings: (a} That prevailing economic conditions have caused a distressed market climate for development of the project. (b} That current economic, marketing, and inventory conditions make it unreasonable to develop the project at this time. (c) That strict enforcement of the conditions of approval regarding expirations would not be consistent with the intent of the Development Code. (d) That the granting of said time extension will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. SECTION 2: The Rancho Cucamonga Planning Commission hereby grants a time extension for: Project Applicant ExPiration CUP 90-20 Arroyo De Los Osos, Ltd. June 12, 1994 PLANNING COMMISSION RESOLUTION NO. CUP 90-20 - ARROYO DE LOS OSOS, LTD. June 9, 1993 Page 12 APPROVED AND ADOPTED THIS 9TB DAY OF JUNE 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCANONGA BY: Larry T. McNiel, 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 9th day of June 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME EXTENSION FOR TENTATIVE PARCEL MAP 13962, A SUBDIVISION OF 17.04 ACRES OF LAND INTO 8 PARCELS IN THE SPECIALTY COMMERCIAL DISTRICT (SUBAREA 1) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN BAKER AVENUE AND RED HILL COUNTRY CLUB DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-101-13, 16, 24, 25, AND 41. A. Recitals (i) Arroyo De Los Osos, Ltd. has filed an application for the extension of Tentative Parcel Map 13962 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." (ii) On June 12, 1991, this Commission adopted its Resolution No. 91-76, thereby approving, subject to specific conditions and time limits, Tentative Parcel Map 13962 and issued a Negative Declaration. (iii) On April 29, 1993, the applicant filed a request for a 12-month Time Extension. (iv) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hekeby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The previously approved Tentative Map is in substantial compliance with the City's current General Plan, Specific Plans, Ordinances, Plans, Codes, and Policies; and (b) The extension of the Tentative Map will not cause significant inconsistencies with the current General Plan, Specific Plans, Ordinances, Plans, Codes, and Policies; and (c) The extension of the Tentative Map is not likely to cause public health and safety problems; and (d) The extension is within the time limits prescribed by state law and local ordinanc.. PLANNING COMMISSION RESOLUTION NO. PM 13962 - ARROYO DE LOS OSOS, LTD. June 9, 1993 Page 2 3. Based upon the findings and conclusions set forth in paragraphB 1 and 2 above, this Commission hereby grants a Time Extension for= Parcel MaD ADDlicant Expiration 13962 Arroyo De Los Osos, Ltd. June 12, 1994 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JUNE 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 9th day of June 1993, by the following vote-to-wit= AYES: COMMISSIONERS: NOES: COMMISSIONERS= ABSENTs COMMISSIONERS= DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA June 9, 1993 STAFF REPORT Chairman and Members of the Planning Commission Brad Buller, City Planner Steven Ross, Assistant Planner STREET NAME CHANGE 92-03 - CITY OF RANCHO CUCAMONGA - A request to change the street names "Mountainview Drive," "Mountainview Way," and "Mountainview Place" to "Snow Creek Drive," "Snow Ridge Way," and "Snow View Place" respectively within the Mulberry Place development located at the northwest corner of Vineyard Avenue and Arrow Route. BACKGROUND: Mountainview Drive exists as two different, discontinuous streets within the City. It is a collector/secondary arterial road within the Terra Vista Planned Community, and within the Mulberry Place development, Mountainview Drive, Way, and Place are small, private streets. On May 12, 1993, the Planning Commission declared its intent to initiate the process to change the street names of "Mountainview Drive," "Mountainview Way," and "Mountainview Place" within the Mulberry Place development in order to eliminate the street naming conflict. DISCUSSION AND ANALYSIS: The names "Snow Creek Drive," "Snow Ridge Way," and "Snow View Place" are proposed to replace the existing names "Mountainview Drive," "Mountainview Way," and "blountainview Place" as shown on Exhibit "B." These names were preferred by the Mulberry Place Homeowner's Association over several other choices. The affected City departments have been consulted about the proposed change and indicated their support of the recon~endation. These departments and other affected agencies will be given an official notice of the street name change once the Resolution of Approval is adopted. The name change will become official six months from the approval of the name change, although the Post Office will accept the new street name as soon as they are notified of the change. CORRESPONDENCE: This item has been advertised in the Inland Valley Daily Bulletin newspaper and notices were sent to property owners within the Mulberry Place development who would be affected by the change. RECOMMENDATION: Staff recommends that the Commission approve Street Name Change 92-03 through adoption of the attached Resolution of Approval. J City' Planner BB:SR:mlg Attachments: Exhibit "A" - Vicinity Maps Exhibit "B" - New Street Names Resolution of Approval ITEM II Snow Creek Drive E _<. Bayberry Drive Arrow Route crr~ or PLANN1NO-DM$ION EXHIBIT: ~ SCALE: RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING STREET NAME CHANGE NO. 92-03 TO CHANGE THE NAMES OF "MOUNTAINVIEW DRIVE," "MOUNTAINVIEW WAY," AND "MOUNTAINVIEW PLACE" TO "SNOW CREEK DRIVE," "SNOW RIDGE WAY," AND SNOW VIEW PLACE," RESPECTFULLY WITHIN THE MULBERRY PLACE DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF VINEYARD AVENUE AND ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) At its meeting on May 12, 1993, the Planning Commission stated their intent to proceed with the above-referenced street name change. (ii) On the 9th day of June 1993, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing for the above- mentioned street rename proposal, Street Name Change No. 92-03, pursuant to the City Code Chapter 12.12. (iii) The Rancho Cucamonga Planning Division prepared a report which addressed the justification for the change, recommended a street naming plan, provided replacement names, and discussed the impacts of the recommended change. (iv) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on June 9, 1993, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows~ (a) Mountainview Drive is the name of a large public street within the Terra Vista Planned Community and Mountainview Drive is a small private street within the Mulberry Place development located at the northwest corner of Vineyard Avenue and Arrow Route. (b) The existing duplicate street name situation does not comply with the City's street naming provisions of City Code Chapter 12.12 and should be corrected. PLANNING COMMISSION RESOLUTION NO. STREET NAME CHANGE 92-03 June 9, 1993 Page 2 (c) The street name change is necessary to avoid confusion and facilitate emergency response (i.e., police, fire, ambulance). 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs i and 2 above, this Commission hereby finds and concludes as follows= (a) That the proposed name change is consistent with the goals, policies, and standards of the General Plan. (b) That the proposed change is consistent with the Circulation Element of the General Plan. (c) That the proposed change will not cause significant adverse impact upon the environment. (d) The proposed change is deemed necessary to protect the public health, safety, comfort, convenience, and general welfare. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act (CEQA) of 1970 and determines this action to be exempt from further environmental review, as provided in CEQA Section 15061(b)(3). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves that pursuant to Sections 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby approves Street Name Change 92-03. 6. The street name change shall become official six months from the adoption date of this resolution. The City Planner shall send written notices of the change to the Post Office, County Clerk, Fire District, Sheriff's Department, and applicable utility companies, school districts, and all other applicable agencies at least 60 days prior to the effective date of the change. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JUNE 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman PLANNING COMMISSION RESOLUTION NO. STREET NAME CHANGE 92-03 June 9, 1993 Page 3 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 Cow~ission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of June 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS= ABSENT: COMMISSIONERS: VIA'FACSIMILE AND U.S. MAIL June 9, 1993 EO'd Mr. Dan Richards Stephen Daniels Property Mana~oment 8311 Haven Avenue, Suite 200 Rancho Cucamonga, California 91730 Dear Mr. Richards; '. The purpose Of this facsimile communication is to confirm the acceptance from our client, Ba0kwaters, of your ff~.fe~. to allow our client to park ca~s on the Laurel-Aspen property unde~ the following =cndftions~ That you receive prepaid every month, the sum of $1,000.00 ~or the parking privilege; That Backwaters provide security for the property and physically park each car placed on the lot; That Backwaters name and maintain your organization as an addition~ insured on Backwaters' policy of general ~ia~i[it~ith a ~ingle aggregate limit of no less than $1j000,000; ?hat ¥o~ may canceL. th~s =g=eement a~ you= d£s~retion ~th 72 h~ w=ttCen ~ott~e ~ut t~ab yo=r discretion ~ u= exercl~eQ reason&~l~ w~th =egarQ ~o di=rupt£on which may occur on the ~au=el-kspen property ~¥ this usage. / Year initial fe~wlll be included in the mailed, hard copy of this to ~o1%ow. 9333 8ASELIN~ ROAD. S~ITE 110 / EANCHQ CUCAMONGA, ~:~ ~6I '6 ~ EaSE t86 ~I~ :01 ~OI~]~ ~ ~I~:~ DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT June 9, 1993 Chairman and Members of the Planning Co~ission Brad Buller, 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 - A~N: 208-351-75. (Continued from May 12, 1993.) BACKGROUND: On May 12, 1993, the Planning Commission conducted a public hearing to consider revoking the Entertainment Permit for Backwaters. At the meeting, the applicant requested a two week continuance so that they could respond to the identified public safety nuisance allegations. After taking public testimony, including additional testimony from the Chief of Police, the Commission discussed, at length, the evidence documenting the public safety nuisances generated by the entertainment from Backwaters. The Commission decided to give the applicant another opportunity to come up with precise plans and programs that address the identified public safety nuisances. Since the applicant agreed to submit such plans and programs, the Commission then continued the hearing. ANALYSIS: At the hearing on May 12, 1993, the Commission directed the applicant, when preparing their response, to specifically address the following seven areas: a safety plan to ensure public safety within the building and the parking lot; a security plan for inside the building, within the parking lot, and the immediate areas surrounding the property; a crowd management plan for monitoring the overcrowding without consuming valuable Fire Department resources; a short term and long term plan for addressing the on-site and off-site parking; a plan that shows the extent and limitations of the advertising for the entertainment and how the applicant intends to carry it out; a specific list of special promotions that will be offered; and a plan that shows the agreed time line for notifying the City, including the Police and Fire Departments, in advance of the planned special promotions and events. Staff has contacted the office of the attorney representing the applicant several times since the May 12 meeting to inquire about the status of the applicant's response and to remind him of the importance of submitting them in a timely manner for City staff review. Staff received the applicant's response Wednesday afternoon, June 2 (See Exhibit "3"). Therefore staff was unable to address that response in this report and will attempt to address this matter at the June 9 Co~ission meeting. ITEM PLANNING COMMISSION STAFF REPORT EP 91-04 - MIKE SIMS June 9, 1993 Page 2 The Commission had several questions as to the circumstances and the location where the shootings and other criminal incidences occurred. Based on the police reports, all of the 18 cases except for one as described in the previous staff report occurred on Backwater's property during the period from November of 1992 to April of 1993. Because police reports are confidential information, they have not been included in the staff report. However, the Chief of Police has prepared a memorandum dated May 24, 1993, to respond to the Co~m~ission's questions as shown in Exhibit "2." This memo describes the circumstances of these criminal incidences in detail and further documents that the special promotions on Sundays continue to have illegal overflow parking and security problems. Recently staff has observed an increase in the amount of illegal signs posted within the City's right-of-way, such as the median island on Foothill Boulevard and Haven Avenue and the power poles and street signs on various other streets. Because of the substantial and compelling evidence presented at the May 12 hearing, and without the opportunity to review the applicant's response to the Commission's concerns of May 12, it continues to be staff's conclusion 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 creates a drain on law enforcement and fire resources; and that the entertainment causes a negative impact to the surrounding businesses. Therefore, the Entertainment Permit should be revoked. 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 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 crime 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 Conducted business in a manner contrary to the peace, health, safety, and general welfare of the public; or Demonstrated that he is unfit to be trusted with the privileges of such permit. If the Planning Commission revokes the Entertainment Permit, the Commission should specify in their revocation action a minimum time period to reconsh~er any new application for an Entertainment Permit. The result of this actk~n would be that the applicant can continue to operate the restaurant and bar i~:~t without the entertainment. The applicant may in the future reapply for a ....w Entertainment Permit. PLANNING CO~94ISSION STAFF REPORT EP 91-04 - MIKE SIMS June 9, 1993 Page 3 RECO~/~ENDATION: Staff recommends that the Planning Commission revoke Entertainment Permit 91-04 through adoption of the attached Resolution. If, after considering further public testimony, the Commission determines that there is still an opportunity to work with the applicant in developing mitigation measures for the problems and nuisances, then the Commission may chose to suspend the Entertainment Permit. City Planner BB:NF/jfs Attachments: Exhibit "1" - Staff Report dated May 12, 1993 Exhibit "2" - Memo from Chief of Police dated May 24, 1993 Exhibit "3" - June 2, 1993 Letter from Backwaters Resolution for Revocation of EP 91-04 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO~ FROM~ BY: SUBJECT May 12, 1993 Chairman and Memberl of the Planning Co~million Brad Bullet, City Planner Nancy Fang, Senior Planner ENTERTAIN~NT PERMIT 91-04 - BACKWATEP~ - A conlideration to modify, lUlpind, or revoke an entertain~ent permit granted for the following entertainment Ulll~ disc Jockey doing vocals, playing recordl, and videel; live actl such al comedy, m&gic, dancing, and fashion shows; livl handl (5 Wrl or Lass); lip l~ncing; l~eC£al promotionl luch al talent night contiltl, promc)~lng ipOrtl ~i~l, lot.ted .= 10877 Foothill Boulev~d - ~N~ 208-351-75. ABSTRACT: Thil review il due to the re-occurring public lafety nUllanCel cauled hy the entertainment provided by Backwaterl, a restaurant, bar, and nightclub. The putpOle of thil rlview il for the Co~mllliOn to conlider the evidencel proelated In thil repo~c and to revoke Ente~caim~ent Permit 91-04. A condition of approval for the Entertairm~nt Permit itsted that £f the entez~ainment ule caulel law enforcement or fire iofe~y problell, the Planning Co~mlllion ihail review the permit for p~el~ble revocation, aulpenlion, or modification. BACKGROUND~ On December 11, 19~1, the Crw~tllion conditionally approved an Ente~cainment Permit for Backwaterl for a variety of ente~cainment Ulel lilted in the title of thio rel)o~. Since November 1, 1992, law enforcement and fire oafsty prohlMII have continued to occur on lad ~cound the lite. The type of problems that hove occurred include, oveccrowding, illegal overflow parking, ihootingl, hutgLory, vandolll~i, hottory, etc. Moot of these pcobleml have occurred on Sunday nightl and early on Monday sm~ningo. Both the police and fire depEndenCe have hod to expend a conlideribLe amount of time and monisms= to &dd~eol the pzobLeml of thio hullnolo. Staff him brought these iliuil tO the ottin~ion of the opplicon~, Mike SLIi and P.c~hur Bean, owner and manager of lAckwo~irl, reopectively, over the 111~ thrH monthl. Both S(ml lnd M~. Bel~ hovl allured itaff thlt the prohle~l wiLL be corrected and will not re-occur. Though ipecific prohim illOCllted with ente~ainmen~ hove been addrelied on a COle-by-Call holll, Sunday nights continue ~o have incidences of overcrowding, ilLegaL parking, IhOOt£n~l, allaUit, hltti~7, and vandll£1e. p~ING COIOIISSIOR EP 91-04 - Mll<~ May 12, 1993 Page 2 REPORT ANA?.YSIS= This section of the rapor~ describes the problems caused by the enterta£mnont usel identifies the ~mpacts to law enforcement and fire resources and the surrounding businesses and proper~ias. Summary of Problems Caused bv EnteL~ca£~ -st Use= One of the approved entertainment uses £0 the special promotion of performance or appearance from known disc Jockeys and enteL~cainers (£ndividuaLe or groups), special pro~otions were held mostky on Sundays. Because the special events were highly adva~cised, a trendsue n,,mher of patrons turned out for the events. The majority of the special pro~otions &taracted from 500 =o 600 people according to the observations frc~ police and fire officials. According to the Fire District, the maximum occupancy is 532. This high number of p~trons resulted in overflow parking and an dllcribed below. Police Resource Impact= Between Noveed0~r of 1992 and April of 1993, the pol£ce responded a total of 27 t~mos to Backw~ers. In 18 of the total 1. Atteml~Ced Murder (1 shoot£ng £ncident) 2. Assault wLth a Deadly Weapon (2 shooting lnc£dents) Assault w£th Serious Bod£1y Injuries (1 occurrence) 4. Battery (2 occurrences) $. Disturbances and P. epoz~s of Inc£dents (3 occurrences) $. Possession and/or conceaUnont of stolen Guns (2 occurrences) 7. Attmnl~ed Grand Theft-Vehicle (1 occurrence) 8. Burglary-Vehicle (2 occurrences) 9. Vandalim & Lost PrOpeL~ies (3 oc~rrencma) s~ T~oac -Felse AI~ (1 occurrence) police officials requested that the applican~ £nfom them of planned spec£&l pr~mo~£ons ~nd the ant£cip&ted crowds so ~h~ My be prepared. =o Lnfom ~ of ~ four pll~ I~LII proCLass ~mn March and April of ~hil ye~ am ou~lin~ In Exh/bL~ "B." To idYllS l~ of ~ice ~n~s, ~ a~l~c~ o~a~ ~hey ~uld no longer adve~se ~n the ~a ~elea ~y ~ea. Po~Lce officials have retrL~ advertising s~gne ~haC LndLcaC~ ~h~ conC~nu~ ~o adve~Lse Ln ~ho' ~. ~geles and R~voro~do ~unty aceas. ~n addLt~on to ~ho ~vo LnctdonCe, ~ violations ~ro dLrecCly rela~ed ~o Bac~acere. ~e involving dr~v~ng under ~ho ~nfluo~co (DUI), ~ho o~hor a ~raffLc colL~sLon. Bo~h cases ~nvo~v~ m~norg (18 year olde), who a~ ~h~ had b~n dr~nk~nq in pIAI~INGCOHHI$$IOM Hay 12, 1993 · F P.E PORT Co Fire Resource ~moac~: B&sad on the chronology prepared by the Rancho Cuc~mong& Fire D£atrict aa mhown in Exhibit "C,' £t showed a ~end of overcrYing ~n ~he r~au~ when ~h~y had pr~onl. ~hough ~hl ~as~ ~ ~n~hl sh~ no overcrYing, ~h~ D~s~r~c~ continues ~o ex~nd 2~ ~d ~rsonn~L ~o ~n~tor overcr~ing probl~ ~d ~o res~nd ~d ~rea~ pa~ons o~ v~c~s within ba~to~, and Park£na Immua mud the I~act to the $urround£na Buminesmea and Pro~c£eez The total amsbar of p~zkLng spaces ava£lable on m~te ~m 1~1, which Lo ad~i~e ~n accosting ~11~al ~k~ng on ~l~c str~m, ad~acen~ vac~ dL~ fields ~d private pa~k~ng a~oa8 fr~ adJacen~ bum~nom8oa. ~ a~LLc~, ~n one o~ the ~tLngs with C~ty staff, has s~a~ tha~ ~h~ uo~ the Great Western Heritage I~ p~k~ng a~oa end the unoc~pt~ a~ ~he end of Sp~ce Street. In addition to the ~ki~ ~, the ~ctm such ao pro~y d~go ~d loitering ~ ~nl of Bac~a~ez~ ~n ~ho hotel ~an, as ou~l~n~ ~n the April 8, 1993, ~ ~o the R~cho ~c~nga Pol~co (s~ Bxh~L~ Bamod on the above analysis, staff concluded that there is aubmtant£al evidence that the hum£nesa is conducted in a manner contrary to the peace, health, safety, and general welfare of the public; that the enteL~cainment provided by Sack~atere created a drain to the law anforcmnt and fire remourcae; and the enta~taim~nt caulea a n~a~vo ~ to th~ surrounding P~NNIN~ COMMISSXON CONSXDR~ATXONSs According to gnte~-~ain~ent Ordinance No. ~hlC ~hl Made any fal~e, misleading, or fraudulent statements in their applicationl or Violated any l~ov£sion of Ente~caim~ent Ordinance No. 290 or any otll~ r~gulation or condition relating to his pez~£tted activity; or 3. Is convic~ed of a felony, or any cr~mo involv£ng moral turpitude; or 4e V£olated any r~qulatione or conditions adopted by the Plann£ng C~mieeion or City Council relating to pormLttae'e business or permit; or S. Conducted business in a ~anner contrary to tl~ peace, health, safety, and general welfare of the public; or Demonltrated that he II unfit to be t~lted with the privileges of much permit. "It." PLANNING COMMISSION May 12, 1993 Page 4 tFF REPORT If the Planning C~--lssion revokes the gnter~a£nment Permit, the should el~c£fy ~n their revocation ac~on a m~n~ ~ ~ ~o reconsider any n~ application ~or ~ En~o~a~mn~ PetalS. The rooul~ of ~h~8 action would be ~ha~ ~he appl~c~ can con~nuo ~o o~ra~o ~ho rog~aur~ and b~ bu~ wl~hou~ ~ho en~e~a~n~. The applic~ ~y In ~he fu~ur~ really for a n~ En~e~ai~n~ ~.COMN~NDATION: Staff recmndl that the Pl&nn£ng ~.,,-.~llliOn conduct the public hearing and revoke Enter~a£n~ent Permit 91-04. S~lff will provide an appropriate ~1o~u~ion for i~ion a~ ~onigh~'l ~Lng. If, ~f~l= con~dering o~unl~y to ~rk wi~h =he a~lic~ Ln de~Lopi~ ~/ga~Lon ~aluree for =he p=obl~ ~d nuLs~coo, =hen =he ~ss~on My chose ZnCe~ca~n~ Planner BBzMF/Jfs Bxh4hit 'A' - Site Plan Exhibit 'B' - Memo from the Rancho Cuc~mong& Pol£ce Oapar~nent dated Apr£1 12, 1993 Exhibit "C' - Memo~rom the ~cho ~c~nga Fire O~str2ct daC~ April 7, 1993 gxh~L~ 'D' - FlOr PI~ gxh~/~ "g' - M~ fr~ ~hO Heritage l~'l ~noral Manager i PRON: CITY OF RANCHO CUCAMONGA MEMORANDUM April 12, 1993 BRAD BULLKRt CITY PLANNER CITY Of RANCeO CUCA~ONGA BRUCE ZeXMBRt CHZBF Of POLXCB RANCHO CUCAI(ONGA POLICe DePARTMeNT On February 3, 1993 at 1200 hours, a meeting was held in the executive. Conference Room of the Rancho Cur&moses police Department for the purpose of discussing the situation at Backwaters Restaurant/Night Club as of that date. #eBbars present at the meeting included yourself, Chief of Police Bruce Zeiner, Fire Chief Dennis Hichael, and two (2) other members of the police and fire departments. Hr. #ichael Sims, president of Backwaters, and his ~eneral"Hanager, Art Been, were also present, along with two (2) additional me-here of their sta£f. AS of January ll, 1993, a memorandum from Chief eelnor, directed to City manager Jack Lam, had been prepared documenting problems at Backwaters since its opening (see attachtent A). At the aforementioned meeting on February 3, 1993, a letter yes presented to Hr. Sims and his staff, outlining the cities concerns. #r. Sims yes 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. Hr. Sims assured the city sta~£ members that every e££ort would be nsde to correct or work on the points that had been presented. He was reluctant, however, to conceded that proMlens 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 Leg Angeles County. Mr. Sims was also agreeable to s proposal in which his general manger, Art Seen, would have s weekly to b£-weekl¥ dialogue with Lieutenant Henry of the Rancho Cur&songs police Department ~or the purpose o~ exchanging in,emerSon as it pertained to Sackwaters and the above concerns. April 7, 1993 BACIlI~TBRS ~DATB 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. Hr. Been was advised of these incidents and the attitude from Backwaters continued to be "well they weren't inside the club." On Wednesday, Hatch 17, 1993, during the morning hours a radio event yes 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, Hr. Sims advised that the event was a charity function for the "Let's Hake A Wish Foundation." He said that radio station K-B~AT 93.2 FH 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 I 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 Hr. SimS, 'Hike, I told you there would be at least 600 people here." Z proceeded to tell Hr. Sins and Hr. Been 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, Hatch 28, 1993, and early Henday morning Hatch 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 Znn, and large amounts o~ 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 Henday, Hatch 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. Hr. Bean was contacted and he was advised of our concerns about the previous evening and was questioned about the coming evening. He con£irmed 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 ¢~owd with the resulting parking problems. The shift watch commander, who entered Backwaters, estimated the crowd to be &-? Page 3 April 7, 1993 BACKWATERS UPDATE fay in excess of capacity, appeared to be gang type individuals, and S8 illegal parking citations were issued. On Tuesday, March 30, 1993, a meeting was held with Mr. Sims and Mr. Bean for the purpose o£ 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 Hoe Henry from the police department and Ralph Crane from the fire department were again assured by Sims and Bean that them 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, 1993, ! was made aware of two separate incidents that had occurred the previous evening as a result of patrons who had been at Backwaters. Xn both incidents, one which involved a D.U.X. 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 Mr. Sims and Hr. Bean. During the early morning hours at about 0200, Monday, 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 establishment. An eighteen (18) year old was hit in the arm during the exchange and he also subsequently aduitted 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 probieRs, effect surrounding businesses, and the escalation o! 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 o£ Backwares went to court on April 7, 1993 and had to be dismissed due to witnesses (security personnel employed by Backwaters) fail£ng 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 o£ many) froa a Page 4 April 7, 1993 BACEWATERS UPDATE post in the Pomona area advsectiaing an event at Backwaters on Hatch 24, 1993. The above in£ocmation is a suna~y o! events relating to Backwaters. Full documentation is avail&bit el needed. BZ/JH:LA RflNCHO Cf, JC411PIONQit FIRE PROTECTION DISTRICT MEMORflNDfJH TO: Brad Buller, City Planner FROM: Ralph Crane, Deputy Fire Marshal 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 1/92 Code review meetings held with Backwaters, resulting in an Assembly permit approval on 1/31/92. 518-9116/92 Several attempte 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. 1 2/9/92 2/3/93 2/14193 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 parmit~ or removal, Mr Sims had it removed on 2/18/93. Meeting @ RCPD to discu~ increasing concerns at Baskwatere. 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 mede to ensure uninte. n'upted monitoring. Dispatohed 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 Backwater~ staff was eccurring. Meeting with Beckwaterl 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 5/10192 to 415193: 05/10192 05124/92 O8/02192 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 91-0~ BACKWAT~'S 10877' Foothill Blvd. Rancho Cucamonga, CA 91730 12,355 Sq. Fg. Dini~o& Bar Floor Plan same as lo Groun~s"-NAME CHANGE ONLY. INDEPENDENTLY OWNED 8' OPERATED To: Lieutenant Joe Henry/Rancho Cucamonga Police From= Andrew Hall/General Manager Re= Backwaters Date= April 8, ]993 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 a~cess for the Backwater patrons to loiter in the hotel parking lot, lobby, re~trooms, and other areas. Recently, .a.lar~e 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 Hall General Manager 8179 $1 RUCE A¥£., RANCHO CUCAMON(3A, (SA 91730 · 909,'46~,1hl i ! 800-~S/-STAY DATE= TO: FROM= BY: CITY OF RANCHO CUCAMONGA CHAIRAAN AND MEHBERS OF THE PLANNING CONMISSIS)(! CITY OF RANCHO CUC~!ONGA 1977 BRUCE ZEINER, CHIEF OF POLICE CITY OF RANCHO CUCA~ONGA JOE HENRY, OPEHATIONE LIEUTENANT CITY OF RARCHO CUC~ONGA SUBJECT: FOLLO~ UP INFOItMATION - RE= BACKWATERS Pursuant to the Planning Commission meeting which was held on 05-12-93, the following synopsized information is being provided in response to questions pertaining to specific reported criminal incidents= Case Number - DR 119213325 Assault With Deadly Weapon - 11-30-92/0207 hrs - Two (2) female adults, both from the Duarte area, said they had Just left Backwaters and were enroute to Spires Restaurant when their vehicle is struck by gunfire. Both women suffered gunshot injuries. Victims and witnesses unable to provide any suspect information. Case Number - DR 119304034 Attempt Murder - 04-05- 93/0200 hrs - At closing time, witnesses and victim see two (2) vehicles parked in Backwaters parking lot. Occupants of vehicles are heard saying 'I've got heat, too.' Witnesses and victims say they then see handguns and shots are exchanged between the two groups. One (1) bystander is struck in the arm. No specific suspect information is developed at that time. * NOTEs During a meeting at the police department on 04-23-93, these two incidents were directed to the attention of Mr. Michael Sims, owner of Backwaters. Mr. Sims told Chief Zeiner that the same suspects were involved in both shootings. He said that everyone in Backwaters knew who the suspects were. Mr. Sims subsequently provided the nicknames of the suspects as "Cedric" and NoMac" and said they were 357 Crips out of "Sin Town' in the Pomona area. This information is currently being followed up on by police detectives. Case Number - DR 119213480 Carrying Concealed Weapon/Possession Stolen Property 12-03-92/0145 hrs - Backwaters customer approaches security guards %4. and advises of man with a gun. Security guards contact the suspect in Backwaters parking lot. Suspect, who is from Moreno Valley area, is found with gun in waistband. Suspect is taken into custody and police department notified. Case is filed by District Attorney but has to be dismissed when security guards Michael Walters and Jeffrey Hunter do not appear for court. Case Number - DR 119300667 Assault With Deadly Weapon 01-16-93/0151 hrs - Skyline security guards, Jeffrey Hunter and Derrick Willies, escort customer who is from Los Angeles, from inside Backwaters where he had been causing a problem. Customer goes to his vehicle which is parked at the medical center at 10841 White Oak, about 1/2 block from nightclub. Customer changes clothes and tries to return to club. Security officers see customer and state that he fires several shots at them (no one hit) and then runs to his car. Police Department is then called and officers find suspect/customer hiding in field near the Best Western Heritage Hotel. A handgun, registered to the suspect, was also found in the medical center parking lot. Charges are filed against suspect but have to be dismissed when security guards do not appear in court. Case Number - DR 119302835 Assault with ~reat Bodily Injury - 03-07-93/2205 hrs - Customer from Rialto states he was standing in Hackwaters parking lot when he was approached by three to four black males. Victim was asked for money and then beaten. Backwaters employee, Joe Turner, states suspects frequently are in Backwaters parking lot but are not allowed in the restaurant. Case Number - DR 119302045 Possession/Concealed Loaded Weapon in Vehicle - 02-18-93/0103 hrs - Deputy is checking vehicles in Backwaters parking lot and sees handgun inside one of then. Officer waits until suspects exit nightclub and subsequently stops and arrests then. Suspects are 19 to 27 years of age and all ate froz Los Angeles County (Ouarte, Pasadena, and Covina). This has been a constant problem since the opening of Backwaters and was specifically addressed with the ownership on 02-03-93. Since that meeting, city staff members have repeatedly been told that the problem was being worked on, however, Backwaters management has not been able to provide proof of any type of agreement which allows legal off-site packing, STAFF REI~ORT RE: BACKWATERS &PlY 24, 1993 The issue was also addressed at the commission hearing on 05- 12-93 and attorney Mannerins indicated that they were negotiating with the owners of the Aspen/Laurel Medical facilities. On Monday, 05-17-93, I was advised by 1st Shift Watch Commander, Sergeant Paul Cappirelli that there had been a large crowd at Backwaters the previous evening with overflow parking at surrounding businesses including the Laurel/Aspen facility (see attached memo by Sgt. Cappirelli). On Monday afternoon, 05-17-93, ! spoke with Mr. Art Bean regarding illegally posted signs and the parking issue. Mr. Bean acknowledged that they were working on the parking and stated "we might have a deal with the Aspen people by this afternoon." ! heard nothing further. On Wednesday, 05-19-93/1130 hrs, I spoke with Mr. Dan Richards who owns 2 of the 5 buildings at the Laurel/Aspen medical group. Mr. Richards indicated that to the best of his knowledge, the other building owners did not want Backwaters patrons using their lot. However, he said that he was open to an offer but he had only been contacted once on 05-05-93 and had heard nothing further. He also said that without an agreement with the Backwaters owners he did not want their patrons using his lot and wanted parking enforcement. During the several meetings with Backwaters ownership and management the issue of advertising throughout Southern California has been a major topic. It has repeatedly been suggested to Backwaters that they narrow their scope in order to better control and minimize potential problems and the impact upon surrounding businesses. The illegal posting of signs was addressed at the 04-23-93 meeting with Attorney Mannerins and his clients as well as being addressed at the Planning Couulasion hearing on 05-12- 93. However, between 04-23-93 and 05-12-93, numerous signs were seen throughout Southern California. It wal alia noted that on Monday, 05-17-93, subsequent to the hearing, a number of signs were found illegally posted in Rancho Cucamonga. A representative of the sign company was contacted and they advised that they were not responsible [or posting the signs and said that their clients are warned about the legal issues of posting signs. They also said that an event promoter is usually the one responsible £or posting the signs. When questioned as to the identity of the promoter for the 05-20-93 event at Backwaters, I was told that Track Sims (Michael Sim's son) was the promoter and Brian Turner (listed as a Backwaters Corp. Director) had ordered the signs. STAFf RE~ORT RE: BACKWATERS BAY 24, 1993 PAGE 4 A letter dated 5/19/93 (see attachment) has also been received from upland Police Chief Gary Hart pertaining to illegally posted signs in the City of Upland. AnDTTTONAT. TSSUmS: Sunday evening, 18 and over night, continues to be a major concern. The police department regularly has to utilize the entire 1st shi£t to control the problem. On Sunday, 05-16-93, there was a very large crowd which resulted in numerous citations and a subsequent problem at Spires Restaurant caused by people that had been patrons at Backwaters (see memo by Sgt. Cappirelli for details). Sunday, 05-23-93, again saw a large crowd at Backwaters and subsequently the impact upon Spires when Backwaters closed. Sergeant Cappirelli again provides a short documentation of his observations and has a videotape which depicts some of the problems. Zt should be noted that the tape shows at least two .carloads "£1ashing" gang signs as they leave the parking lot. At least one (1) of the vehicles also shewe up at Spires and Is found to be registered out o£ Riverside County. Submitted £or your information. BZ/JH/AMC Attachments= 1. Memorandum from Sergeant Cappitelli 05-21-93. 2. Memorandum from Sergeant Cappirelli 05-24-93. 3. Letter to Backwaters 05-24-93. 4. Letter from Upland Police Chief regarding signs. INTEROFFICE MEMO DATE Kay 2Z, 2993 FROM PAUL CAI~PITELLZ, SERGEANT RANCHO CUCAMONGA POLICE DEPARTMENT TO BRUCE ZEINER, CHIEF OF POLICE RANCHO CUCANONGA POLICE DEPARTMENT PHONE MAIL CODE SUBJECT BACKWATERS RESTAURANT - SUNDAY, 05/16/93 On Sunday evening, 05/16/93, I was working as the first shift watch connander. As part of my assigned duties, I make tt a nightly practice to evaluate the crowd at Backwaters Restaurant due to recent problems at that location. Shortly after midnight, I drove-through the parking lot and surrounding areas of Backwaters Restaurant. I had noted that in the past the crowd who patronizes the nightclub on Sunday evenings tend to be more of the criminal type element. While driving through the area, I observed that the nightclub was extremely crowded and that the parking areas had overflowed to the adjoining businesses including the Best Western Hotel, Service Merchandise shopping center parking lot, vacant hospital parking lot, and the Laurel Street Medical Group and surrounding medical office buildings parking lots. In addition to the large number of care in the area, I observed there were several people on foot in the area. These people were dressed in very casual clothing, including t- shirts and hats. I have ~oticed that the normal week night crowd who frequents the Backwaters Restaurant and nightclub are very well dressed and well mannered. On this particular evening, ! observed the patrons to be poorly dressed and unkempt in their appearance. ! noted that some of the people i~ the area were wearing hats with gang type colors and slogan on them. This type o£ crowd has been traditionally knovn to frequent the club on Sunday evenings, however, on this particular night there seemed to be a large number o£ people. As myself and other Sheriff's units began to patrol the area, we conducted license plate checks and occasionally vehicle stops and pedestrian checks. We discovered that the major£ty of the persons contacted did not live £n the immediate area and were from outlying areas such as Los Angeles, Orange County, Rive~side, San Bernardino and other locat£ons. At one point, a van containing approximately six females was contacted in a no parking area. The females in the van had been drinking and were in the_proc.essing of relieving H~IORANDU~ TO B. ZEXNKR, CHXKP OF POLXCK #ay 21, 1993 Page 2 themselves in the grass area when they were illuminated by the patrol units spotlight. They stated they were from the Los Angeles area and they had come to the restaurant to meet guys. Due to the situation, I summoned other Sheriff's units into the area. There was a great deal of traffic coming to and from the Backwaters nightclub and surrounding parking lot areas. Several of the vehicles which were driving in the area were in poor working condition and contained hazardous mechanical violations. Officers initiated in excess o£ 30 vehicle stops on these vehicles associated with the Backwaters nightclub. This committed approximately five patrol units and a supervisor to the location on a £ull time basis from approximately 0030 hours to 0200 hours. At approximately 0130 hours, a small disturbance erupted in the parking lot in which a male with no shirt on was arguing with a fesmle subject. Both had been drinking and were asked to leave the area. Once the club began to close at approximately 0200 hours, a large influx of people then carsvaned to the parking lot of Spires Restaurant on Foothill Boulevard, west of Haven. This created a major traffic disturbance on Foothill Boulevard and at one point, caused cars to back up onto Foothill Boulevard creating a traffic hazard in the number two lane east of the entrance to Spires Restaurant. Once the persons arrived in the parking lot area, they became unruly and generated a ca~l for police service to that area. Upon arrival, of£icera observed approximately 300 people in and around vehicles in the parking lot area. Only a very small portion o£ the people were using the restaurant facilities. The other people were asked to leave. They failed to comply and.two dispersal orders had to be given over the loud speaker in order to accomplish this task. At the conclusion o£ the evening, we had written several traffic violations for various offenses (refer to attached c~pies o£ citations). Submitted for your information. PAC: AHC 37872g COUNTY OF ~AN BERNARDINO - $HERIFF'$ DEPARTMENT 37872~ COUNTY OF SAN BERNARDINO ~ SHERIFF'$ DEPARTMENT NOTICE 10 APPEAR F"iTRAFF1C ~/DTHER COURT COPY mmmm n 3787~ CCOUNTY OF SAN BERNARDINO SHERIFF'$ DEPAI~r MENT NOTICE TO APPE. AI~ ~I'RAFFIC ~ ~ER C~RT C0P~ 378729 ~ COUNTY OF ,SAN BERNARDINO S~,RI FF'$ DEPARTMENT NOTICE TO APPEAR ~"TRAFFIC [] OTNER COURT COUNTY OF SAN BERNARDINO $HERIFF'S DEPARTMENT NOTICE TO APPEAR ,~TRAFFIC ~] OTHER COURT COPY COUNTY OF SAN BERNARDINO SHERIFF'S DEPARTMENT NOTICE TO~PPEAR .~TRAFFIC ~ OTHER COURT COPY CIT~/TOWN [~Ik'~4(~kl'O ~'L~.At'"~d~lff~' PiLE NQ 378729 COUNTY OF SAN BERNARDINO SHERIFF'S DEPARTMENT NOTICE TO APPEAR ~[RAFFIC ~] OTHER AGENCY COPY CITY/TOWN ~,~,E*.~"~ "/'*~J('"~t- FILE NO INTEROFFICE MEMO OATE Ray 24, 1993 FROM PAUL CAFPXTELLX, SERGEANT RANCHO CUCA~ONGA POLICE DEPARTMENT TO BRUCE ZEX!~R, CHIEF OF POLICE RANCHO CUCA!~ONGA POLICE DEPARTMENT PHONE MAIL CODE SUBJECT GANG ACTIVITY AT BACKWATERS - 05/24/93 On Sunday evening, 05/24/93, the Backwaters Club contained a lot of gang type customers. During routine patrol checks, deputies observed a large number of gang members displaying hand signs to one another. This type of action is known to preclude violent gang activity. This type of crowd was very typical of the Sunday evening clientele at Backwaters. Other than a few verbal conflicts, no major acts of violence occurred on this date. S~_itted for your information. P 17 A N C H O C U C A M O N ~ A 0 L IC E D E P A R 'I'M E N 24, 1993 Backwaters Restaurant and Nightclub 10877 Foothill Boulevard Rancho ¢ucamonga, Call£ornia 91730 Attention= Michael Sims and Art Bean Dear Mike and Art: This letter is being written as a follo~up to a conversation held between Lieutenant Henry and Hr.' Bean on Monday, 05/17/93. Numerous posters advertising an event to be held at your establishment on 05/20/93 were found illegally posted throughout the City of Rancho Cucamonga. The conversation between Lieutenant Henry and Mr. Bean [ocused on the sign issue in which Mr. Bean was advised that the illegally posted signs needed to be removed and future violations would be handled appropriately. Rancho ¢ucamonga Police Department BJZ~ANC 10§~0 CIV~C CENi'Ef~ D~IVE. RANCHO CUCAMONGA. CA 9t730 · (7~41989-00t~ · ~AX (714; :~'' · CITY OF UPLAND "The City of Gracious Living" May 19, 1993 Captain Bruce Zeiner Rancho Cucamonga Police Department 10510 Civic Center Drive Rancho OAcamonga, CA 91730 Dear Bruce: This past Monday, May 17, 1993, I observed numerous posters illegally .posted on Foothill Boulevard in the City of Upland. These posters were affixed to telephone poles and City parkway trees from Grove Avenue to Padua Avenue. The posters were advertising a musical event at the Backwaters Restaurant in Rancho Cucamonga. We notified the owner to have them removed immediately and apparently that was accomplished. I read recently in the Daily Bulletin that the City administration of Rancho Cucumonga is having difficulties with the Backwaters' operation. Please voice my concern and that the illegal postinq of advertismmen~e in the City of Upland will no~ he tolerated. If this violation occurs prosecute the managmmen~ extent of the law. again, the City of Upland will staff of Backwaters to the full cc: Don Maroney, City Attorney Mayor Robert Nolan POUCE DEPARTMENT 14~ WeS! 131PI Stl'ee~ · Uplancl. California ~178B · (714~ ~4~-7~2~ · Fax (714,) g20-01~ BACKWATERS, INC. 108'77 Foothill Blvd. Rand~o Cueamerica, CA 91730 (909)466-1186 To:Bnd lMller Froam Art Be~ General Manager RE: Operatiom Report Date: June 2, 1993 RECEIVED JUN 0 ~ 1993 City of Rancho Cucamonga Planning Division following o,,tlinos o~ plans for $ucee~ul and peaceful operation of our ~tablisk, mmt. Operational Procedure /L Minlrm,~ of I matlager otl duty at all times. Responsible for. 1. l:,~.~n~ safety of petrein. 2. Address any questiaaa or other comm_,mlcatioabetweeal~ckwat~s and outside ageacies, Le. Fire Depettme~ bitetiffs l~pertmmt, e~ 3. Maintain ndio commmicatim with all seo~rity ar~ supervisors. c. Security wm be provided m me pa~i,s lot for all evems. t. PartrlaS lot seo~rlty will be ptm4ded by m oatside coralnay so as to pmveat bias. 2. Supervising officer will maintain radio COmnnmlc~titm with B~ckwat~m msns$er. D. M'mimum of time (3) inside seemiry officers will beused for all small evmts I. 120 guests maxilm~ ~ "~nall event" 2. Tn.4de security of~cera [itlk~ by radio to manager md outside seo,Hty officer. B. Inside Seeurity I. One officer at every eatnmc,dexit 2. Ouard against,m~,horized entry. 3. Aid in emergency exits ff necessary. BACKWATERS, INC. 10877 Foo~l!l Blvd. Rancho Cucamottga, CA 91730 Overcrowding (See Diagram-Exhibit D) I. l~fil. din~ will be divided iato two sections (markedX mdY). 2. Capacity of X is 268 md capacity of Y is 262 for a total of 530. 3. Each soctim!,,, a Couator (ms~od A) to maaitor ocoapaac~. 4. Coroteta for each sectio~ linltod by radio to minaget and oae another. 5. Whea occupaacy ia X t~ches 200, Co~r will alert mareget and Couater ia Y. 6. Sectioa 9" will thea opaa and occapmcy will be moaitored by Corotar for that seai~ 7. Doors will be dosed for the,,iEht whea total ocoapmcy of 530 is IlI. Paring Valet partdn~ will be ntili?t,d to maxlmi~ parldn~ space moat lot md will ellmln,t~ the overflow parldnE problem. We have found that this can be achieved whi!~ still accommodating m~irm~m occupm~ in the ~ub md keeping all £u-e lines otto. No other outside parld~ will be necessary at thin time. All mtrmc~s to the lot will be closed ~ac~ the marinram occupmcy has been. teael:ted. All other vehides wilt be aotified that the dub is dosed for the ni~ht md inmuct~l to come back another day. IV. Advertising All flyer advet~ing will be !imlt~l to our mafling list md m,rn,,l dismlx~tt withi, the Inlmd Empire, as te~2,1n~d by the dr,/. All other advettisiag willbe doaentili,.ing lite following *VIOB.9 *99.1 KO6'I V. Type of Ente~/mem A. Oldies B~ Ooodies-Dl phying w,,ic from ~ ~s md 7ifs B. L~e Reggae- m~ ~ DJ ph~ ~ic f~ ~ ~d d Jamai~ C. L~e ~-~ ~~, ~ ~d~n md up md ~ D. R~ Dl's ph~ wp ~ ~ h~.~ ~ Live R~ ~ ap~ f~ a~ ~ as S~ ~c~ B~ F~ F. Dfs p~ylnE ~p ~ H~ Hop & Bmb ~ m~ as ~ D, K~s ~, BACKWATERS, INC. 10877 Foohiil Blvd. Raacho Cucamoaga, CA 91730 VI. Caleadar of Eveats See a~checL The oaly night that will cbaage is Wedaesday Night. Sheriff will be nc~ified oa TFmrs6ty for my guest appearrace for the followiag Wedaesday wheaever possible. Aay later notice will be given as sooa as it becom~ available to u~ VII. Permit for &aciag ia Dml-E Are~ ad .idltic~. I am including. copies of letters whidm are just a samp[ia8 of the tomy lelte~s aud cars ttmt we are receiving expressing ccucem over the possible loss of~hin establishmere. ~P 91-04 -,ncho Cncamongm, CA 91730 ~,~,$5 Sq. Ft. Dining & Bar '~ ~r Plan same as "Polo Groun~"-~M~ CffANBg ONLY. VERONiCA X. OFORLEA 1993 ~:~ckw~ters Restaurant ~/o Michael Simms i~77 Foothill Blvd. ~ncho Cucamonga, CA Mr. Simms: I am writing in regards to an arttcle~..~t~..~:il~qmred tn the Datly Bullettn on Thursday, May ]3, ]g93. Mr._ Strms, l.?~..*.~.~~.lled that the Planntng Commission is seeking to revoke your entertain" '~. But ~ also reallzed that thts was coming, Why? Fr~ past rtt~T~/~Tt~ an Afro-~rlcan operates a business above average and attract a~.:~,'cTflntllt, tt pOSSes a threat to our business counterparts. '-' - Mr. Simms there is power tn numbers. ~__I~'.~/Mi~y you maa~ be able to posstbly sway t~:e commissioners to allow you to reallktW";~-~liUstnese on a 'tentative' level ts to bargain a bt-annual revtew of Y~;~6]~[~nt ~tt. After ~tch tt~, you can prove to th~ that Bac~t .~ .~ ~ ~obl~ wtthtn the Rancho Cxzcamonga city limtts. To acc~lJ..~~.~k~ ~tll need to take these c~ncerns to the people (your patT~ ']~, .'~e f11eTe urgtng th~ to attend the commission meetlngs to speaE ~; ~..~~ Bachterm and asktng them to ~romote "Keeping the Peace," tf they:~/~'~/ensuee that you "Keep the Club" ~ntertainment hot spot. t'.~;';. ' r ~ I have personally patronized Baclaeat~]~, ~'~/'~ each time I have found it to be clean, classy, out-of-the norm and w~;_ ...~oi~I potanti,a1. Should you have ~,~¥ comments please feel free to C~'.~' (e11)166-~7~2. O,~od luck in your future endeavors. .' ~550-J'AY POST ROAD, YICTORVZLLE, CA 92392 DARLISA E. ASHER May 14, 1993 ~,x ,acl Simms WATERS RESTAURANT me!'. (~ucamonga. CA 91729 ~,:-,~r Mr. Simms: writing in response to the Daily Bulletin al'fi¢le on Thursday, May 13, 1993. Simms, I am in awe that the Rancho Cucillllonga's Planning Commission is seeking to :-c,x,ke your entertainment permit at the ~:Restaurant. It appn~a.m to me that their aclions could very well be conspiracy orien!t~l, 'Itl Iny opinion, Rancho Cucamonga is in fear feel lhreaten Ihat Ihe Afro-American ¢ultlll~iwill do,linat~ (as we do in several areas) and deXenerate their so-called predominate "whil~~' '111~tlborhond and businesses. However, I do believe that this is a case where the "bla~ :1it~i'i' tll hatending to annihilate this community. rea~,m i~ because I am an estabhshed ~.~¢ho~l~ only I0 surrounds myself with other ,m',ine~;s-minded and above average individu~l?fOi"~l~ainm~t purposes. Backwaters, the .x lhave been there, appeared to me toi'~:c, lient~le ll~t ~ mature and mannerable. Thoreffete, the very few that are not matur~ altdt '11/111n,~ble should not be the basis for permit from lhis Commission. ~,!r. Simms, I am a supporter to keeping lt,~,l~ alive, however, it is going,to take more "..:m one or two fi, r this effort. As you are w~!i8 'j~l~1i~, the power is in the numbera, dollars and .~'~i:-rmity. I suggest your business gro~: i~ it~!f to get this message out to your :,.,,ms. There is not a lot of time therefor~ '~ must be done ~mmed~ately. Should you have ,' ,: ,',m~ments please feel to contact me at (909) 355-2982. 16700 Marygold Ave., ~.~5, Fontana, CA 92335 A O~m6 ; 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 men%bets 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 and continued to June 9, 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, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as 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 and June 9, 1993, including written and oral staff repOrts, together with testimony from the public, the Rancho Cu¢~monge Police Department and Fire Protection District, this commission hereby specifically finds as followsz (a) The special promotion of entertainment provided by Backwaters has attract~ 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 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 described in Exhibit "A," attached hereto and incorpOrated herein reference. PLANNING COMMISSION RESOLUTION NO. EP 91-04 - BACKWATERS June 9, 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 Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs i and 2 above, this Commission hereby finds and concludes as follows: (a) 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 9TH DAY OF JUNE 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. HcNiel, Chairman ATTEST= Brad Bullet, Secretary I, Brad Bullet, Secretary of the Planning Co~mLss£on of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Cc~£esion of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of June 1993, by the following vote-to-wit: AYES= COMMISSIONERS= NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: -- CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: April 12, 1993 BRAD BOLLBR, CITY PLANNER CITY OF RANCHO CUCAHONGA B~UCE ZEINBR, CHIEF OF POLICE RANCHO CUCA~ONGA POLICE DEPARTNENT StlBJECT: 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 date. Members present at the meeting included yourself, Chie£ of Police Bruce Zainer, Fire Chief Dennis Hlchael, and two (2) other members of the police and fire departments. Hr. aichael Sims, president of Backwaters, and his General Hansgap, Art Been, 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 Hansget 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 Hr. Sims and his staff, outlining the cities concerns. Hr. Sims was also verbally advised by City staff me-hers 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 co--unity, the need to control their capacity limit, the need to conunicate with police officials perta~ning 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. Hr. Sims was also agreeable to 'a proposal in which his general manger, Art Bean, would have a weekly to hi-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 BACKWATERS UPDATB 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 LOl Angeles County area. Mr. Bean was advised of those 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 ! 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 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, Backwater~ 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 1st shift in controlling the problem. On Monday, March 29, 1993, ! 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 ?, 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, 1993, 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, 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 Mr. Sims and Mr. Bean. During the early morning hours at about 0200, Monday, 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 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 o£ 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 BA~KWA?ERS UPDA?E 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. Pull documentation is available as needed. BZ/JH:LA CITY OF RANCHO CUCAMONGA DATE: TO: FROM: MEMORANDUM January 11, 1993 JACK LAJ~, A.I.C.~., CITY MANAGER CITY OF R~uNCHO CUC~ONGA BRUCH ZEINER, CHIEF OF POLICE CITY OF I~ANCHO 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 large 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 now 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" Sanusry 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 7 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MEMOR tHDUM TO' Brad Buller, City Planner FROM: Ralph Crane, Deputy Fire Marshal 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 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. 11/25/92 Received notice from alarm company that required alarm system monitoring was being disconnected due to non payment of service fees. Exhibit "B" 1 2~9~92 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 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 5/10192 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 03/1 3/93 Other Emergency, reset alarm 04/05/93 Rescue, shooting victim cc: Aimand Michael Henry DATE: TO: FROM= SUBJECT= June 9, 1993 Chairman and Members of the Planning Commission CITY OF RANCHO CUCAMONGA STAFF REPORT "i? Brad Bullet, City Planner HISTORIC PRESERVATION COMMISSION DUTIES AND RESPONSIBILITIES BACKGROUND On May 26, 1993, the City Council had second reading of City Council Ordinance No. 513, which modifies Municipal Code Section 2.24 regarding the Historic Preservation Commission. City Council Resolution No. 93-118 adopted on May 19, 1993, designates the Planning Commission to act as the Historic Preservation Commission. Copies of those documents are enclosed. Staff has tentatively scheduled a work study session on July 14, 1993, to review the duties and responsibilities of the Historic Preservation Commission. For your information, staff has also included a statement regarding Community Values on Historic Preservation adopted by the City Council on April 7, 1988. Respec~99u 1 ly su_q~itted, Attachments= Exhibit "A" - City Council Ordinance No. 513 Exhibit "B" - City Council Resolution No. 93-118 Exhibit "C" - Municipal Code Chapter 2.24 Exhibit "D# - Community Values Statement ITEM H ORDINANCE NO. 513 AN ORDINANCE OF THE CITY COUNCTT. OF THE CITY OF RANCHO O3CAMDNGA, CALTFORNTA, AMt~DING 2.20.020 AND ADDING A S~'~I~ON, 2.24.230 TO TITLE 2 AND REPE~.TNG ~ 2.28 AND 2.56 OF TITLE 2 OF THE RAN(~O CUCAMONGA MUNICIPAL GODE PERTkINTNG TO POWERS AND DUTIES OF VARIOUS CITY ___cr~94ISSIONS The City Council of the City of Rancho Cucamonga, California, does ordain as follows: Section 1. Section 2.20.070 of C~apter 2.20 of Title 2 of the Rancho Cucamonga Municipal Code hereby is amemd__~d_ to read, in words and figures, as follows: "2.20.070. Powers and Duties. ~ne powers, functions and duties of the Planning C~m~ission shall be as set forth in the statutes of the state, applicable ordinances of the city and such matters as may be assigned to the Planning C~,Hssion by resolution of the City Council." Section 2. A new Section 2.24.230 hereby is add~ to (~apter 2.24 of Title 2 of the Rancho C~ca~onga Municipal Code pertain~ to the membership and duties of the Historic Preservation C~,~.~ssion, to read, in words and figures, as follows: "2.24.230. Assig~u~nt of Duties by City Council. Notwithstandirg any other provision of this c. bapt_~, as the same may be amended frcm time to time, the city council my, by resolution, designate the planning cu~,~ssion of the City of Rancho Cucamonga as the historic preservation c~t~,.~ssion of the city and vest all of the functions, rights, powers, and duties of the historic preservation c~u,,~sion in the members of the planning c~,~d~sion. In the event the city council does so designate, the membership, t~rms of office and officers of the historic preservation c~,.~sion shall be the =~a__me as that set forth for the planning c~d_~sion." Section 3. C~apter 2.28 of Title 2 of the Rancho Cucamonga Municipal Code is hereby repeal_~d_~ in its entirety. Section 4. Chapter 2.56 of Title 2 of the Rancho Cucamonga Municipal Cede is hereby repealed in its entirety. Section 5. The City Clerk shall certify to the adoption of this ordizma~ce. Section 6. The Mayor shall sign this ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at l~t once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cuc~__monga, California. O£d/nar~e No. 513 Page2' PASSED, APPROVED, and ADOPTED this 26th day of May, 1993. Alexander, Buquet, Gutierrez, Stout, Williams None None D-hra_ J. A~a~, City Clerk I, DF~A J. ADAMS, CITY c~K of tb~ City of Rancho Califu~.~a, do hereby certify that the foregoing O~ 'ulnarice was introduced at a re=3%Llar meeting of the Omancil of tb~ City of Rancho ~ held on the 19th day of May, 1993, ar~ was finally passed at a~ adjo~rDA~_~ ~ of the City Council of the City of P~r~b~ C~ held o~ the 26th day of May, 1993. Exec~tmdthis 27thday of May, 1993,. at Ra~cb~ C~, California. D-~.-a J. A~ms, City Clerk RESOLUi~ON NO. 93-118 A RESOI/]I~ON OF THE CITY COUNCIL OF THE CITY OF RANCHO ~, CALIFORNIA DESIGNATING THE M~HBERS OF THE PIANNING CC~9~ISSION OF THE CITY OF RANCHO CUCAMONGA AS THE HISTORIC PRESERVATION ~SSION OF THE WHEREAS, Section 2.24.230 of Chapter 2.24 of Title 2 of the Rancho Cucamonga Municipal Code enables the City Council to designate by resolution the members of the Planning C~L~L.{ssion as the Historic Preservation Cu~.~ission of the City; and NOW THEREFORE, be it resolved that the City Council of the City of Rancho Cucamonga hereby designates the members of the Planning C~L~Ldssion of the City as the Historic Preservation Co~m~dssion of the City effective July 1, 1993; ard NOW THEREFORE, be it further resolved, that Resolution No. 92-224 is hereby repealed. The date, tLme and place of the ~ctings of the Historic Preservation Commission shall be the same as that established for the Pl~ing C~.~ ssion. pASSFD, APPROVSD, and ADOPIeD this 19th day of May, 1993. Alexander, Buquet, Gutierrez, Stout, Williams NOES: None ABS~:qT: None Dennis L. Stout, Mayor Debra J. A~ms, City Clerk I, DWRRA J. ADAMS, CITY cr.F~K of the City of Rancho Cucamor~/a, California, do hereby certify that the foregoing P_~solution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a rec3Lhlar meeting of said City Council held on the 19th day of May, 1993. Executed this 20th day of May, 1993, at Rancho O/camonga, California. Debra J. A~s, City Clerk 2.20.090 .4 of general circulation within the city; 2. By mail or delivery to all persons, includiP :sses, corporations or other public or private eD'~ies, the last equalized assessment roll as owninc real within three hundred feet of the property ~ich is the subj of the project; 3 site not me meter fronti] tice shall a copy of any posted notices not less than one posting notices conspicuously on _he project three hundred feet apart al .~q project peri- )n improved public streets. ' ch posted no- a general description of ~he project and ed subdivision map or ire plan. Said have the following ttle and lettering h in height: C. Other Notice section shall be in required by other ~ provided, however, that rate notices to be given if : requirements of this sectin of this code or state law D. Effect of Fail,'_e to Give action or recommendat/ ~ regarding ning commission shal' oe held void or by any court by re~n of any error or to the notices, i,-luding the failure to COMMISSION F2tRING rements Notices required by this to ~.f other or different notice ~is code or by state law; -therein shall require sepa- notice will satisfy the other applicable section No action, in- by the plan- .lid or be set aside ;ion pertaining any notice re- quired by this -_~tion, unless the court aft of the entire ,se shall be of the opinion or omission . ~mplained of was prejudicial, and of such erw £ or omission the party complaining or sustaine~ ~nd suffered substantial injury, and that if- ferent ~sult would have been probable if such error omiss'~n had not occurred or existed. There shall be pre, mption that error or omission is prejudicial or that i~ ury was done if error or omission is shown. (Ord. 184 an examination error by reason g Chapter 2.24 HISTORIC PRESERVATION COmmISSION Sections: 2.24.010 2.24.020 2.24.030 Purpose. ~terial change defined. Historic preservation commission created. 28-1 (Rancho Cucamonga ~ ~ % Sections: (Continued) 2.24.040 2.24.050 2.24.060 2.24.070 2.24.080 2.24.090 2.24.100 2.24.110 Membership--Appointment and te~ms. Chairperson--Appointment and terms. Secretary. Commission power and duties. Designation of landmarks. Landmark designation review criteria. Landmark designation procedure. Landmark change of use procedure--Special use permit requirements. (Rancho Cucamonga 5/83) 28-2 2.24.010--2.24.040 Sections: (Continued) 2.24.120 2.24.130 2.24.140 2.24.150 2.24.160 2.24.170 2.24.180 2.24.190 2.24.200 2.24.210 2.24.220 Landmark alteration procedure--Pe~,L, it requirements. Landmark alteration permit--Commission advisory function. Additional conformance requirements. Unsafe or dangerous conditions. Property owned by public agencies. Permit application filing fees. Public hearings--Notice and conduct. Appeals. Enforcement authority. Penalty for violation of chapter. Civil remedies available. 2.24.010 Purpose. It is found that the protection, enhancement, perpetuation and use of structures and sites of historic, architectural, and engineering significance, lo- cated within the city are of cultural and aesthetic benefit to the community. It is further found that the economic, cultural and aesthetic standing of this city will be en- hanced by respecting the heritage of the city. The purpos~ of this chapter is to: A. Designate, preserve, protect, enhance and perpetu- ate those historic structures and sites which contribute to the cultural and aesthetic benefit of Rancho Cucamonga; B. Foster civic pride in the beauty and accomplish- ments of the past; C. Stabilize and improve the economic value of certain historic structures and sites; D. Protect and enhance the city's cultural and aes- thetic heritage; E. Promote and encourage continued private ownership and utilization of such buildings, other structures and sites now so owned and used, to the extent that the objec- tives listed above can be attained under such policy. (Ord. 70 Sl, 1979). 2.24.020 Material change defined. A "material change" means. any change in the exterior appearance of a structure or feature, through alteration, construction, relocation, grading, demolition or otherwise. (Ord. 70 §2, 1979). 2.24.030 Historic 9reservation commission created. There is created the city historic preservation commission. (Ord. 70 S3, 1979). 2.24.040 Membership--Appointment and terms. The his- toric preservation commission shall consist of seven voting members who shall be residents of the city and appointed by the city council, subject to the following conditions: 29 (Rancho Cucamonga 5/88) 2.24.050--2.24.080 A. The term of office for each member shall be four years, except that three of the members first appointed shall be designated to serve for a term of two years, and four members for a term of four years, so as to provide a continuity of membership on the commission. Thereafter, the term for each voting member shall be four years. An ap- pointment to fill an unexpired term shall be for the remain- der of such unexpired term. B. The term of office of each present member of the historic commission is reduced from July 1st of the year in which each such term is scheduled to expire to December 31st of the immediately preceding calendar year. Hereafter, his- toric commission members shall be appointed to terms com- mencing on the first day of January next succeeding each regular municipal election scheduled to occur in November of even-numbered years. (Ord. 292 ~2, 1986; Ord. 70A Sl, 1979: Ord. 70 ~4, 1979). 2.24.050 ChairDerson--Appointment and terms. The may- or, with the approval of the city council, shall appoint the first chairperson from among the members, subject to the following conditions: The term of office of the chairperson shall be for the calendar year, or that portion remaining after the chairperson is appointed or elected. Thereafter, when there is a vacancy in the office of chairperson, the commission shall elect a chairperson from among its members. (Ord. 70 §5, 1979). 2.24.060 Secretary. The community services director shall act as secretary to the historic preservation commis- sion and shall be the custodian of its records, conduct of- ficial correspondence, and generally coordinate the clerical and technical work of the historic preservation commission in administering this chapter. The community services di- rector may designate an alternate to serve as secretary dur- ing the absence of the director. (Ord. 70 S6, 1979). 2.24.070 Commission power and duties. The historic preservation commission shall have the power and duty to: A. Administer the provisions of this chapter~ B. Perform such other advisory functions as may be delegated from time to time to the historic preservation commission by the city council; C. Cause to be maintained a current register of land- mark designations for public use and information. (Ord. 70 ~7, 1979). 2.24.080 Designation of landmarks. The historic pres- ervation commission, pursuant to the procedures set forth in this chapter, may recommend to the city council the desig- nation of a "landmark" or "point of historic interest" for an individual structure or other feature, or group of (Rancho Cucamonga 30 2.24.080 structures on a single lot or site, or a site having special aesthetic, cultural, architectural, or engineering interest or value of an historical nature= A. Each such designation shall include a descrigtion of the characteristics of the landmark or point of historic 30-1 (Rancho Cucamo:-.: ~ 2.24.090 interest which justify the designation and consequent bene- fits to the public which will be derived from its preserva- tion. There shall be a description of the particular features that should be preserved, and the legal description of the landmark site or point of historic interest. B. The historic preservation commission may at any time recommend to the city council the amending or rescinding of a landmark or point of historic interest designation pursuant to-the same procedures set forth in this chapter for original designation. C. Review and designation of "point of historic inter- est" will follow the subsequently outlined procedures of this ordinance pertinent to landmarks desingation: 1. The "point of historical interest" designation is merely recognition for historical purposes and is not subject to protective or restrictive provisions applicable to landmarks designations as outlined in subsequent sections of this chapter. 2. A current register of approved "points of his- torical interest" will be maintained for public use and' information. (Ord. 70-B el, 1979z Ord. 70 S8, 1979). 2.24.090 Landmark designation review criteria. When designating a landmark, the historic preservation commission and the city council shall consider the following criteria as a guide in making its determination: A. Historical and Cultural Significance. 1. The proposed landmark is particularly representa- tive of an historical period, type, style, region, or way of life. 2. The proposed landmark is an example of a type of building which was once common but is now rare. 3. The proposmd landmark is of greater age than most of its kind. 4. The proposed landmark was connected with someone renowned, important, or local personality. 5. The proposed landmark is connected with a business or use which was once common but is now rare. 6. The architect or builder was important. 7. The site is the location of an important historic event of building. B. Historic Architectural and Engineering Significance. 1. The construction materials or engineering methods used in the proposed landmark are unusual or signif- icant or uniquely effective. 2. The overall effect of the design of the proposed landmark is beautiful, or its details and materials are beautiful or unusual. C. Neighborhood and Geographic Setting. 1. The proposed landmark materially benefits the historic character of the neighborhood. (Rancho Cucamonga 2.24.100--2.24.110 2. The proposed landmark in its location represents an established and familiar visual feature of the neighbor- hood, community or city. (Ord. 70 ~9, 1979). 2.24.100 Landmark designation procedure. A. Designa- tion of landmarks may be proposed by the city council, his- toric preservation commission, the secretary or on applica- tion of the owners, or their authorized agents, of the property for which designation is requested. B. Any such proposal shall be filed with the community services department upon the prescribed form and shall include the following data: 1. Assessor's parcel number and legal description of site; 2. Description detailing the landmarks, special aesthetic, cultural, architectural, or engineering interest or value of an historic nature; 3. Sketches, drawings, photographs or other descrip- tive material; 4. Statement of condition of structure~ 5. Other information requested by the historic preservation commission. C. The application shall be referred to the historic preservation commission. The historic preservation commis- sion shall hold a public hearing. The historic preservation commission shall recommend approval, modified approval or disapproval of the application. D. The city council may approve, modify and approve, or deny the proposed designation. Approval, or modification and approval, of the designation shall be upon adoption of a resolution. E. The property included in any such designation shall be subject to the regulations set forth in this chapter and any further controls specified in the designating resolution. F. The secretary shall cause a copy of the designating resolution to be forwarded to any department or agency to whom the secretary considers it appropriate to have it sent. G. A landmark may be identified by an approved city marker. H. Except as otherwise provided in Section 2.24.160, it shall be unlawful for any person to carry out or cause to be carried out a material change on a proposed landmark until final action of the city council, denying the pro- posed designation, is taken. (Ord. 70-E Sl, 1982: Ord. 70-D eS1, 2, 1980~ Ord. 70-C ~1, 1980; Ord. 70 ~10, 1979). 2.24.110 Landmark change of use procedure--Special. use permit reguirements. A. Change of use of a structure 6n a landmark site shall require a special use permit. (Rancho Cucamonga 5/83} 32 2.24.120 B. An application for the special use permit shall be filed'with the community services department upon the prescribed form and shall contain the following information: 1. A plan showing the relation of the proposed use to surrounding structures~ 2. Alterations required for the change of use~ 3. Other information deemed necessary by the historic preservation commission. C. After receiving an application for a special use permit, the community services department shall refer it to the historic preservation commission which shall hold a public hearing. D. The historic preservation commission may approve, approve with modifications, or disapprove the application. E. Prior to approval or modified approval, the historic preservation commission shall find that= 1. The action proposed is consistent with the pur- poses of this chapter~ 2. The use proposed will not be detrimental to a structure or feature of significant aesthetic, cultural, architectural or engineering interest or value of an historic nature~ or, 3. The applicant has demonstrated that denial of the application will result in inuuediate and substantial hardship. F. Upon approval of an application, the historic preservation commission shall issue a special use permit, one copy of which will be forwarded to the applicant, one copy of which will be retained in the files of the community services department, and one copy of which shall be forwarded to any other department or agency requesting it. G. Any person residing in or owning property in the city shall have the right of appeal to the city council. Notice of appeal must be filed with the city clerk within ten days following the action of the historic preservation commission. H. No special use permit shall be issued unless the proposed use at the subject location is permitted by Title 17. (Ord. 70 Sll, 1979). 2.24.120 Landmark alteration procedure--Permit require- ments. A. Except as otherwise provided in Section 2.24.160, · ~--~all be unlawful for any person to carry out or cause to be carried out a material change on any designated landmark unless a landmark alteration permit has first been obtained for such material change. B. Any person desiring to carry out a material change on a designated landmark shall apply for a landmark alteration permit. 33 '(Rancho Cucamonga 5/83) 2.24.120 C. An application for a landmark alteration permit shall be filed with the community services department upon the prescribed form and shall contain the following data: 1. A statement of the proposed work; 2. Plans describing the size, height, and appearance of the proposed work; 3. A site plan showing all existing buildings and structures and the proposed work; 4. Where the application is for demolition, the necessity for demolition shall be justified; and 5. Other information deemed necessary by the historic preservation commission. D. After receiving an application for a landam~rk alteration permit, the community services department shall refer it to the historic preservation commission which shall hold a public hearing. E. The historic preservation commission in considering the appropriateness of the landmark alteration application shall consider, among other things, the purposes of this chapter and the historic architectural value and significance of the landmark. Among other things, the commission shall take into consideration the texture and material of the building or structure in question or its appurtenant fixtures, including signs, fences, parking, site plan and landscaping. F. The historic preservation comm{ssion may approve, approve with modifications, or disapprove the application. G. Prior to approval or modified approval, the historic preservation commission shall find that: 1. The action proposed is consistent with the purposes of this ordinance; and, 2. The action proposed will not be detrimental to a structure or feature of significant aesthetic, cultural, architectural, or engineering interest or value of an his- toric nature; or .' 3. The action proposed is necessary to correct an unsafe or dangerous condition on the property; or, 4. The applicant has demonstrated the denial of the application will result in immediate or substantial hardship. H. Upon approval of an application, the historic preservation commission shall issue a landmark alteration permit, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the community services department, and one copy of which shall be forwarded to the building official. I~ addition, a copy shall be forwarded to any other department or agency request- ing it. (Rancho Cucamonga 5/83) 34 2.24.130--2.24.160 I. Any person residing in or owning property in the city shall have the right of appeal to the city council. Notice of appeal must be filed with the city clerk within 'ten days following the action of the historic preservation co,L..ission. J. No building, grading or demolition permit shall be issued by the city, if the issuance of such peak,it will allow a material change to be carried out on a designated landmark, unless the applicant for such permit has first obtained a landmark alteration permit. (Ord. 70 S12, 1979). 2.24.130 Landmark alteration permit--Commission advisory function. The historic preservation commission may, upon request of the property owner, render non-technical advice on proposed work on a designated landmark alteration permit. In rendering such advice and guidance, the historic preser- vation commission shall be guided by the purposes and criteria in this chapter. This section shall not be construed to impose any regulation or controls upon any property. (Ord. 70 S13, 1979). 2.24.140 Additional conformance requirements. Issuance of permit in conformance with this chapter shall not alter conformance requirements with the other standards and require- ments of this chapter, or any other applicable ordinance. (Ord. 70 ~14, 1979). 2.24.150 Unsafe or dangerous conditions. None of the provisions of this chapter shall be construed to prevent any measures of construction, alteration, removal, demolition or relocation necessary to correct the unsafe or dangerous conditions of any structure, other feature, or part thereof, which such condition has been declared unsafe or dangerous by the building official, after informing the historic preservation commission when the structure is a landmark, and where the proposed measures have been declared necessary by such official to correct the said condition, provided however, that only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire or other calamity, the secretary or building official may authorize, prior to the commission's review, that amount of repair or demolition necessary to correct an unsafe condition. (Ord. 70 $15, 1979). 2.24.160 Property owned by public agencies. The secretary shall take appropriate steps to notify all public agencies which own or may acquire Property in the city, of the responsibilities involved in the ownership of designated landmark properties. In the case of any publicly owned landmark, the agency owning said property shall obtain the 35 2.24.170--2.24.200 approval of the historic preservation commission prior to construction, alteration or demolition thereon; and the historic preservation co.,.uission shall render a report to the owner as expeditiously as possible, based on the purposes and standards of this chapter. If historic preservation commission review of a public project involving construction, alteration, demolition or removal on a landmark structure site is required under any other law, the historic preserva- tion commission shall render the report referred to in this section to such public agency without specific request there- for. All officers, boards, commissions and departments of the city shall cooperate in carrying out the spirit and intent of this chapter. (Ord. 70 S16, 1979). 2.24.170 Permit application filing fees. Before accepting for filing any application described in this chapter, the secretary shall charge and collect such admin- istrative fee as may be set by resolution of the city coun- cil. (Ord. 70 S17, 1979). 2.24.180 Public hearings--Notice and conduct. A. When- ever a public hearing is required by the provisions of this chapter, it shall be held in accordance with the provisions of this section. B. .A public hearing before the historic preservation commission shall be at a time and place fixed by the secre- tary but not more than forty-five days after the submission of an application or a proposal for which the public hearing is required. C. A public hearing before the city council shall be during a regular meeting of the city council. The city clerk shall fix the date for the hearing which shall not be later than thirty days after the matter to be considered is referred to the city council. D. A public hearing may be continued by the body hold- ing the same for a period not in excess of thirty days. E. Notice of the time, place and purpose of a public hearing shall be published once in a newpaper of general circulation in the city not less than ten days prior to the date of the hearing. (Ord. 70 S18, 1979). 2.24.190 A~peals. The city council shall hold a public hearing to consider an appeal from a decision of the historic preservation commission. The city council may affirm, reverse or modify the action of the historic preservation commission. (Ord. 70 ~19, 1979). 2.24.200 Enforcement authority. It shall be the duty of the community services department, and the building offi- cial to administer and enforce the provisions of this chapter with the assistance of other city departments when deemed necessary. (Ord. 70 S20(a), 1979). 36 2.24.210--2.28.020 2.24.210 Penalty for violation of chapter. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, part- netship, or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thou- sand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such Derson, fi~,~, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this chapter. (Ord. 70(F) §1, 1988: Ord. 70 §20(b), 1979). 2.24.220 Civil remedies available. A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil pro- cess by means of restraining order, preliminary or pe~,~- nent injunction, or in any other manner provided by law for the abatement of such nuisance. (Ord. 70(F) §2, 1988). Chapter 2.28 CITIZENS ENVIRONMENTAL MANAGEMENT COMMISSION Sections: 2.28.010 2.28.020 2.28.030 2.28.040 2.28.050 2.28.060 2.28.070 Created. Role of commission. Membership--Generally. Membership--Te~,~ of appointment. MembershiD--Removal of members. Regular meetings. Officers. 2.28.010 Created. There is and shall remain in the city government a citizens environmental management com- mission (hereinafter "CEMC"), a body replacing the citizens advisory co~nission which is dissolved. (Ord. 307B §1 (part), 1992: Ord. 307-A §l(part), 1989: Ord. 307 §2, 1987). 2.28.020 Role of co~,ission. The CEMC shall act in an advisory capacity to the city council and planning com- mission on environmental issues. (Ord. 307B §1 (part), 1992: Ord 307-A §l(part), 1989: Ord. 307 §3, 1987). 37 (Rancho Cucamonga 12/92) 2.28.030--2.28.070 2.28.030 MembershiP--GenerallY. The CEMC shall con- sist of a total of five members. Members of the CEMC shall be residents of Rancho Cucamonga and shall be appointed by the city council. A subcommittee of the city council shall submit to the city council the name of any person proposed for appointment to the CEMC and upon such appointment by the city council, the name of the appointee shall be re- corded in the minutes of the city council meetings. (Ord. 307B §1(part), 1992: Ord. 307-A §1(part), 1989: Ord. 307 §4, 1987). 2.28.040 MembershiD--Term~ of appointment. The five members of the CEMC initially appointed shall determine the length of their terms by lot. Three members shall serve a term of four years and shall continue in office until their respective teLms expire unless sooner removed as provided in this chapter, and their successors shall be appointed for terms of four years. Two members shall serve for a te~x,, of two years and shall continue in office until their respective terms expire unless sooner removed as provided in this chapter, and their successore shall. be appointed for terms of four years. If a vacancy shall occur, other than by expiration of the term of office, it shall be filled by appointment of the city council for the unexpired term. (Ord. 207B §l(part), 1992: Ord. 307-A §1(part), 1989: Ord. 307 §5, 1987). 2.28.050 MembershiD--Removal of members. Any member of the CEMC may be removed at any time by a majority vote of the entire city council. (Ord. 207B §1(part)0 1992: Ord. 307-A §1(part), 1989: Ord. 307 §6, 1987). 2.28.060 Regular meetin=s. Regular meetings of the CEMC shall be established by resolution of the CEMC. (Ord. 307B §1(part), 1992: Ord. 307-A §1(part), 1989: Ord. 307 §7, 1987). 2.28.070 Officers. The CEMC shall select a chair- person to preside at all meetings of the CEMC, and a vice chairperson to preside in the absence of the chairperson. The secretary to the CEMC shall be designated by the city manager. (Ord. 307B §1(part), 1992: Ord. 307-A §1(part), 1989: Ord. 307 §8, 1987). (Rancho Cucamonga 38 12/92) CO!~ffMI'IT VALOES TI~ CFIT O~ IMNCHO CUC.q#OM~ HISTORIC PI~:.SimVATIOM We, the members of the City Counct1, Ctty ComMsstons, and Professional Staff of the C~ty of Rancho Cucamonga are dedicated to the protection, enhancement, perpetuation, and use of structures and sttes of historic, architectural, and engineering significance located wtthtn the Ctty whtch are of cultural and aesthetic benefit to the c~muntty. We belteve that the economic, cultural and aesthetic standing of the Ctty of Rancho Cucamonga wt11 be enhanced by representing the heftrage of the ¢tt~, through 1rs cmmttment to: Designate, preserve, protect, enhance, and perpetuate those h~stortc structures, landscapes, streetscapes, districts and sftes which contribute to the culture1 and aesthetic benefit of the City of Rancho Cucamonga. Foster ctvtc pride fn and awareness of the beauty and acc~plishments of the past by establishing adequate educational programs and events which trill take ~e publtc awa~ of ~e valuable herbage ~tch extsts tn ~e C1~. Stabilize and traprove the economtc value of htstortc structures, landscapes, streetscapes, districts and sites by educating the property owners of such sites as to the tmproved property values and tax Incentives for the preservation of such property. Protect and enhance the Ctty's cultural and aesthetic heftrage and encouraging both public, as wll as private participation in all aspects of both fundtng rehabtlitetton efforts and educational awa~eness progrins. Promote and encourage continued prlvate ownership tn the rehabilitation and mtntenance of such buildings, other structures, landscapes, streetscapes, dtstrlcts and sttes nQV SO ovmed and used to the fullest extent posstble under the objectives prevteusly 11steal. Approved by the City Counct1 on thts 7th day of Apr11, 1~88. CITY OF RA~-K) CUCAlVlC~ PLANNINC CO MISS ; NDA TUESDAY JUNE 1, 1993 6:30 P.M. I~J%NCHO CUC~ONGA CXVXC CENTER I~J~XNS ROOM ~0500 CZVXC CENTER DRXVE R~NCRO CUC~%l~ONGA, C~%LIFORNIA I. Roll Call Commissioner Chitiea Commissioner McNiel Commissioner Melcher Commissioner Tolstoy Commissioner Vallette II. Introduction III. PRE-APPLICATION REVIEW 93-05 - CAMPOS - Review of a proposed master plan including construction of a cafe and conversion of four single family residences to commercial uses in the Specialty Commercial Designation (Subarea 3) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between Archibald Avenue and Klusman Road ~ APN: 208-153-08 through 11 and 23. IV. Adjournment Ana M Campos 5711 Santa Monica Blvd Los Angeles, CA 90038 (213) 463-6036 May 11, 1993 City of Rancho Cucamonga Community Development Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 ATTN: Scott Murphy Associate Planner Re: Property: Owner: Planned Project 9618-9656 Foothill Blvd Ana M Campos The specific plan study of Foothill Blvd traverses the city of old Rancho Cucamonga, subarea 3, in an East/West fashion. The corridor itself is currently described as going through a metamorphoses from a regionally oriented transportation area serving the needs of the motorists to a local urban oriented highway designated to serve the needs of the community. In general, this area is composed of a variety of individually owned parcels which front the corridor and are characterized by a variety of commercial, residential and office land uses. Although this strip lacks a definite, consistent, unified urban image, we believe we can contribute to a balanced and unified pattern of development by preserving the natural features that reflect old Rancho Cucamonga. The existing site conditions include a fast food restaurant and four homes which have been declared potential landmarks. The fast food restaurant has been abandoned for many years. It has no characteristics, no potential for restoration, and is no longer up to ci'ty code, or health department code. The four houses are quaint single family dwelling built in the early 1930's and reflect the original architecture of old Rancho Cucamonga. City of Rancho Cucamonga 2 However, because of poor tenant maintenance and destruction to the interior and exterior, the structures are in very poor condition. Also, the landscape reflects tenant use for automobile repair shops with concomitant garbage dumping, thus making it very unattractive. Our plan is to enhance and revise the area through improvements to the existing houses, maintaining their original architectural features and charm, exposing their natural physical materials, textures, and colors, enhancing them with landscape and walkways and convert them for office use. Also we will build a coffee shop which under the zoning regulation we are allowed with a maximum of 20 seating. This coffee shop design will recognize the aspects of the community design images and will keep the heritage and identities of the significant historical structures and architectural elements along Foothill Blvd. The proposed development project will not create unusual noises nor congested traffic conditions objectionable or detrimental with other permitted uses in the vicinity. We will create a low profile commercial office area along Foothill Blvd with beautiful frontal landscaping and rear parking. The location is in Subarea 3 old Cucamonga at the North-West corner of Foothill Blvd and Archibald Blvd, encompassing approximately 40,200 square feet of site with 300 feet of frontage facing Foothill Blvd. The distribution is as follows: Coffee Shop Footprint of Houses Landscape Parking area (Drive way/Walkway Area of Decoration Total 1,200 square feet 4,928 square feet 10,129 square feet 15,543 square feet 8,400 sauare feet 40,200 square feet The coffee shop, along with these homes (as office space) will have the opportunity to strengthen this established active center. All comments are welcome as far as design and rehabilitation of the existing houses. Thank you for your kind attention to this matter. Sincerely, CARDIO FIT SPORTS CLUBS 794fi D-I Vineymd, Rancho Cucamonga, CA 91730 (909) 970-1777 June 8. 1993 City of :Rancho Cucatnonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Health Club Facility 7945 Vineyard Ave., Suite D-1 Chairman and Members of the Planning Commission Cardio Fit Sports Clubs would like to present to the Chairman and Members of' the Planning Commission of the Planning Commission our proposal for the addition of a health club facility, in the Thomas Winery Plaza. The nature of our business is to provide health and fitness to the residents of Rancho Cucamonga, with a convenient location located in the Thomas Winery Plaza in the area designated D-I previously occupied by the Ranch Market. The health and fitness business will generate a high volume of foot traffic for the center which will increase the amount of tax dollars generated for the City. Our health club will also draw residents from nearby Alta Loma and may stimulate other merchants to lease within the center. Our society. is continuing to place great emphasis on a more healthy lifestyle. More and more people are interested in a convenient faciliD' in which to work out. CARDIO FIT SPORT CLUBS are providing the venue for them to attain their goals. We will provide cardiovascular equipment, circuit training machines, weights, aerobics, basketball, full locker roo~n facilit)', personal trainers and child care. Our primary interest is to provide a positive influence for the City of Rancho Cucamonga. We understand that according to the Foothill Plan, a health club is not permitted in the Thomas Winery Plaza. However, a dance studio and martial arts studio have been perufitted to operate within the center and the health club business is very similar in nature. We at Cardio Fit Sports Clubs would like the Commission to review our request and consider amending the Foothill Plan and adding our facility to the Thomas Winery Plaza. We t~el our health club facility will bring a positive influence to Thomas Winery Center and, of course, the Cit3.' of Rancho Cucamonga. If you have any questions, please contact me. Steve Seeley