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HomeMy WebLinkAbout1993/09/08 - Agenda Packet1977 CITY OF RANCHO CUCAMONGA PLANNI COMMISSION WEDNESDAY SEPTEMBER 8, 1993 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER. DRIVE RANCHO CUCAMONGA, CALIFORNIA II. III · I. Roll Call Commissioner Chitiea Commissioner McNiel Commissioner Melcher Commissioner Tolstoy Commissioner Vallette Announcements Approval of Minutes Adjourned Meeting of July 7, 1993 August 25, 1993 IV. Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. Ae 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 June 9, 1993.) B. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15526 - LEWIS - A residential subdivision and design review for 57 single family homes on 7.86 acres of land in the Low Medium Residential District (4-8 dwelling units per acre) in the Terra Vista Planned Community, located at the southwest corner of Mountain View Drive and Milliken Avenue - APN: 1077-091-36. Staff recommends issuance of a mitigated Negative Declaration. C. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 14457 - WOLFF/LANG/CHRISTOPHER - A subdivision of 2.48 acres of land into 2 parcels in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan, located at the southeast corner of Arrow Route and Utica Avenue - APN: 209-144-84. Staff recommends issuance of a Negative Declaration. De ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 93-24 - SOUTHERN CALIFORNIA EDISON COMPANY - A request to construct an electrical substation in the Minimum Impact Heavy Industrial Designation (Subarea 9) of the Industrial Area Specific Plan, located on the west side of Rochester Avenue, south of Arrow Route - APN: 229-111-18. Staff recommends issuance of a Negative Declaration. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 13796 - LEWIS DEVELOPMENT - A residential subdivision and design review of 111 condominium units on 7.92 acres of land in the Medium Residential designation (8-14 dwelling units per acre) of the Terra Vista Planned Community, located on the south side of Mountain View Drive, east of Milliken Avenue - APN: 227-151-32. Staff recommends issuance of a mitigated Negative Declaration. V. Director's Reports F. CONDITIONAL USE PERMIT 88-12 - WESTERN PROPERTIES - A request to amend the approved Uniform Sign Program for Terra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue. (Continued from August 25, 1993) VII. VIII. VI. 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 Adjournment The Planning Commission has adopted Administrative Regulations that set an 11:00 P.M. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. VICINITY MAP t"o o CITY HALL CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 8, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Nancy Fong, AICP, Senior Planner ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A consideration to modify, suspend, or revoke an entertainment per,tit 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 June 9, 1993.) BACKGROUND: At the continued hearing of June 9, 1993, the Commission took additional testimony from the public, the Police Chief, and the Fire Chief and reviewed evidence documenting the public safety nuisances. The consensus of the Comission was that there was sufficient evidence to warrant revoking the Entertainment Permit. However, the Co~nission felt that the root of the problem was the type of entertainment and the age group of the patrons, especially on Sunday nights. The Commission felt that a restriction could be placed on the permit to limit the entertainment to patrons age 21 and over. The applicant indicated to the Commission that they were willing to work with the City on solving the problems. The Co~ission, with the consent of the applicant, imposed the age group limitation for three months. The purpose was to determine if this restriction eliminated the public nuisance problems. The Commission directed staff to monitor the situation and report the results to them. The Comission then continued the hearing to this meeting. ANALYSIS: Backwaters Plan, and modified. This section of the report describes the results of monitoring for the past three months, analyzes their proposed Operational discusses whether the Entertainment Permit should be revoked or A. Suaunary of Monitoring Results. Police Report: Attached to this report is a memo from the Police Chief that summarizes the results of monitoring the effects of public nuisance problems after the age limitation was imposed. The Police ITeM A PLANNING CO~4ISSION STAFF REPORT ~.P 91-04 - BACKWATERS September 8, 1993 Page 2 observed that the number of patrons going to the nightclub reduced significantly in the beginning of the three-month period. However, since that time, the number of patrons have increased to a point of reaching the maximum occupancy of 532. The Police Chief also reported that there was only one call for service during this three- month period, which is a substantial reduction compared to the first half of this year. The related parking and traffic congestion problems have decreased. Therefore, the Police Chief's assessment is that the limitation to ages 21 and over did eliminate some of the public nuisance problems. He recommends that this restriction be maintained as a permanent condition of approval for the Entertainment Permit. Fire Report: According to Deputy Fire Marshal, the second dance area located in the main dining room has been approved by the Fire Department. However, staff has requested the Fire Department not to increase the occupancy in the main dining room where the dance area is located. The reason is that an increase of occupancy means an increase in the demand for parking. It is well documented in previous staff reports that the special events and promotions have created over crowding and parking problems. Also, the Deputy Fire Marshal reported that he has not observed any overcrowding nor responded to a call for service during this three-month period. B. Review of Backwaters Operational Plan. At the hearing on May 12, 1993, the Commission directed the applicant to address several areas of concerns: a safety and security plan to ensure public safety within the buildings, the parking lot and the immediate area 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. The applicant has worked with staff in developing an operational plan to address the Commission's concerns as shown in Exhibit "A". City staff including Police and Fire Officials have reviewed the proposed plan and offer the following comments: Security, Safety and Crowd Management Plan: According to the applicant, the bar manager is designated as the contact person for the Fire and Police Officials should there be a need. For special events with over 300 people, three managers will be on duty to control and manage the operation of the entertainment. For public safety, the applicant proposes to station three security staff in the PLANNING COMMISSION STAFF REPORT EP 91-04 - BACKWATERS September 8, 1993 Page 3 building and two security staff in the parking lot when the occupancy does not exceed 150 people. If the occupancy exceeds 150 people, the applicant will increase the security staff to six in the building and five in the parking lot. The security staff in the building are recognized by their uniform dress code and name badge. The security staff in the parking lot are in "peace officer" uniform. Exhibit "AI" shows where the security staff are stationed in the building to control the crowd while Exhibit "A2" show where the security staff are stationed in the parking lot to control the parking area, direct on-site traffic, and ensure overall safety after the nightclub closes. City staff believes that the proposed plan will adequately address the safety concerns and alleviate the impact to Police and Fire Departments. Parking Plan: The applicant proposes to increase the number of spaces available for parking by stacking them in a tandem way between the drive aisles which are not designated as fire lanes, as shown in Exhibit "A2." Two security officers will be directing the on-site traffic for the tandem parking spaces. No valet parking service is proposed. This plan adds 40 more spaces for parking. The City Planner and Deputy Fire Marshal have reviewed the proposed parking plan and have accepted it in concept, subject to submittal of a detailed plan with accurate dimensions for Fire District review and approval. However, staff would like to point out that this solution is short term. The applicant should continue to explore alternatives for solving the parking problem by expanding the parking lot. Staff proposes to modify the permit by limiting the occupancy to a maximum of 532. Any proposal to increase the occupancy will require an expansion of the parking lot subject to City Planner review and approval. 3e Advertising and Entertainment Plans: The applicant stated that special events or promotions will be limited to small name entertainers and pre-sale tickets will be available. Staff proposes that the maximum number of tickets for special events and promotions be limited to 532, based on the approved maximum occupancy. The applicant has agreed to give a minimum of 48 hours notice to City staff including Fire and Police Officials for any special event or promotion. Staff believes that the proposed plan together with the limitation on occupancy will alleviate future overcrowding and related problems. It is evident from the last three months that the restriction of the entertainment for the age group of under 21 significantly reduced the public nuisance problems. It is Staff's opinion that additional mitigation measures and conditions of approval as discussed above can be placed on the permit so that ~le public nuisance problems and the impact to the Fire and Police resources are minimized. Therefore, staff recomends modifying the Entertainment Permit. PLANNING CO~4ISSION STAFF REPORT EP 91-04 - BACKWATERS September 8, 1993 Page 4 RECOMMENDATION: Staff recommends that the Planning Commission consider public testimony. If the Commission concurs with staff's findings and reco~ended conditions of approval, then modification of Entertainment Permit 91-04 through adoption of the attached Resolution would be appropriate. Respectfully submitted, Brad Buller City Planner BB:NF:mlg Attachments: Exhibit "A" - Backwaters Operational Plan Exhibit "B" - Memo From Police Chief dated August 25, 1993 Exhibit "C" - June 9, 1993, Planning Co~nission Minutes Exhibit "D" - June 9, 1993, Planning Commission Staff Report Resolution of Approval FROM 04. 15, 199~ 15155 P. 2 Opemdo~l Proee&~ B. Small events of ~ or Ires will hav~ a ,ni.i~,)m of dm~c (3) tmdde semn~ pemonncl and oomlwg'"to .p~zoldw~ldnsiot. Allodwr _.q~-t~:,_ ~vdwillpt, dtheclob , ~'[~f:.F'~el ~ die ~ Of tJ~'cJI~ P.,Valll OfJ ~ l~O peo~ w~ Imv~ t minimum D. ~ .m~l~, will I~.._.~_ _by ~ wM~,, .tu.p~, ddm .d I~ck bo~ tic ud aame ImJa~ of blaek silk s~emed 9aekwalm t. ddm with a name ImjBt !hdt~,m,dli ah~ uni~ iflmu~ w/lym ~ a ~ Caim~ of~um -x~ ~ One w~ek's noli~e is pmfen. ed b~ tbc Cit~, Jl~wcvcr i minimum of 45 hou~ no(tee will be ?_~ncho Cuca,.onsa, CA 91730 :2,355 Sq. Ft. Dining & Bar -~o;~r Plan same as "Polo ~roun{~"-Nl~l CHIN{[ O~LY ......... ~, ~fi~-' '~ . ~ . I I .I ~,,,:~:,~.?.. I I I .." .' .,.:~.'.~.:;; %~,~1'.,... · . ... ' · - , ~: 5:. ~. '?,. ' . .,.. . · - ,.~;.~. ~'~ .... CITY OF RANCHO CUCAMONGA MEMORANDUM DATE= August 25, 1993 TO: FROM: BY: BRAD BULLER, CITY PLANNER CITY OF RANCHO CUCAMONGA ATTN: NANCY FONG BRUCE ZEINEH, CHIEF OF POLICE CITY OF RANCHO CUCAMONGA JOE HENRY, OPERATIONS LIEUTENANT CITY OF RANCHO CUCAMONGA SUBJECT: RACKWATERS UPDATE Subsequent to the Planning Commission mandate in which persons under the age of twenty-one (21) were not to be allowed to patronize Backwaters for a period of ninety (90) days, Deputies C. Mulligan and T. Parnell were assigned to monitor the situation for the trial period. The first two (2) weeks of the period were for the purpose of advising the existing under-21 patrons that the Club would no longer be allowing them in. Backwaters personnel fully complied with the edict. At the conclusion of the grace period, the Club was closely monitored for compliance, and it was determined that Backwaters staff was taking adequate care to ensure that under-21 patrons were not allowed in, especially on Sunday evenings which had previously been the primary concern. It was also determined that the Club had also complied with the Commission's determination that additional parking be arranged for. This was accomplished through an agreement with the Medical Center across the street. Once persona under the age of twenty-one (21) were not allowed to patronize Backwaters on Sunday evenings, it was noted that the crowd count was significantly reduced. On the first weekend, there were about thirty (30) cars in the lot on Sunday. However, since that time, the crowd has increased to a point where the bar and dance floor portion of the Facility are close to capacity. General Manager Art Bean has advised the monitoring Deputies that Backwaters plans to utilize only the bar and dance area in the future due to the fact that a similar-type night club has opened in the Los Angeles area and the people who used to come from Los Angeles are now attending that Facility. Mr. Bean has said that they are comfortable with the regular clientele they have established and will probably not utilize the restaurant area. BACKWATERS UPDATE BIqAD BULLER, CITY PLANNER August 25, 1993 Page ~wo (Continued) During the ninety-day test period, Deputies Mulligan and Parnell were only aware of one (1) call for service pertaining to Backwaters, and that was deemed to be "Unfounded". This represents a significant decrease in the need for Police Department resources. Deputies Mulligan and Parnell also noted a decrease in the traffic congestion and parking problems that had been prevalent primarily on Sunday nights prior to the under-21 ban. I would like to thank the Backwaters ownership and staff for their assistance prior to and during the ninety-day test period. Therefore, based upon the above information and our observations, it appears that the test period of not allowing persons under the age of twenty-one (21) to patronize Backwaters has significantly reduced and/or solved the Police response problems as they pertain to that establishment. Therefore, it is the recommendation of the Police Department that: the Planning Commission permanently extend the under-21 regulation. BZ/JH: lrg Mountainview Drive in Terra Vimta is a major street. He also noted that whale there are no homes on the other Mountainview Drive, a change would affect approximately 400 apartments and he commented that apartment dwellers are also City residents. Chairman McNiel asked the time frame for the proposed change. Mr. Ross replied that the post office would be notified immediately to change their computers, after which time either address would be acceptable for a two-year period. He felt that should be sufficient time for residents to have used up their supplies of checks, stationery, etc. Commissioner Vallette felt it would be best to affect the fewest number of residents. She felt the change is unfortunate but necessary for safety reasons. Commissioner Chitiea agreed it would be appropriate to change the street names in Mulberry Place. Motion: Moved by Chitlea, seconded by McNiel, to adopt the resolution approving Street N~ Change 92-03. Motion carried by the following vote: AYES= NOES: ABSENT= COMMISSIONERS= COMMISSIONERS= COMMISSIONERS= CHITIEA, MCNIEL, TOLSTOY, VALLETTE NONE MELCHER -carried Chairman McNiel invited Gaylaird Christopher, wolff/Lens/Christopher Architects, to introduce dignitaries from the Coyote Canyon Schools, who had arrived late to receive their 1993 Deeign Excellence Award. The Coyote Canyon School Board presented the City with I copy of an award they had received from the Inland Empire Design Institute which also recognized the City Planning Division. Con~nissioner Melther arrived. ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A consideration to modify, suspend, or revoke an enter~ainment permit granted for the following enterta£nment uses= disc jockey doing vocals, playing records, and videos; live acts such as comedy, magic, dancing, and fashion shows; live bands ($ members or leos}; lip syncing; special promotions such as talent night contests, promoting spo~cs remus, major apollos events through satellite TV, college bowl, end trivia questions contests, in conjunction with a restaurant and bar, located at 10877 Foothill Boulevard - APN: 208-351-75. (Continued from May 12, 1993.) Nancy Fens, Senior Planner, presented the staff repor~ and a copy of an agre~nt provided by John Mannerins regarding parking at Laurel Aspen. She discussed the plan submitted by Backwaters. She remarked the plan should Planning Coaunission Minutes -4- June 9, 1993 include specific steps that would be taken by the security guards =o prevent loitering in the parking lot, especially for those patrons who have been turned away. She noted that the applicant proposed valet service, but did not indicate if they plan full valet service or merely someone directing cars to specific areas. She stated the police had recently observed cars being parked between the drive aisles. She disclosed that the original approval calls for the applicant to submit any valet parking plane to the City for approval prior to being put in place. Chairman McNiel commented that the item had been continued and the public hearing was still open. John Mannafine, MannerShe & Briguglio, 9333 Base Line Road, Suite 110, Rancho Cucamonga, stated that Backwaters had not been given any guidelines as to how to prepare their plan. He reported that Mr. Bean had met with Deputy Fire Marshal Ralph Crane and then presented what they thought was a very comprehensive plan. He said they did not realize they had to address hypothetical scenarios in the plan, such ae what would be done if people would not leave when they are told to do so. He felt much points could easily be addressed and reflected in the plan. He said they have not engaged in valet parking, but they have undertaken a plan allowing them to park each car on the parking lot at Backwaters without blocking any fire lanes by directing the patrons where to park. Me did not feel it would be necessary to engage in valet parking, but noted they would make an application to the City prior to doing so. He noted that he had presented a letter of intent, agreed to by Mr. Richards, permitting Backwaters to park on the Laurel Aspen lot with Backwaters providing security and valet parking. He said he did not feel it would be necessary. Me said they had made substantial efforts in order to rectify the concerns raised at the previous Planning Commission meeting. He noted that the staff report referred to advertising signs being posted within the City and stated that at the previous meeting concerns had been raised about' posting advertising signs only outside of the City. Me said Mr. Bean has agreed to stop the posting of illegal signs within the City even though there are at least four other establishments in the City who engage in the same practice. He said he had reported at the last Planning Commission meeting that a liaison had been selected by the Police Department but he noted that the liaison had not been available on Sunday evenings because it is his night off. He said the Police Department has now indicated they will appoint an individual who works on Sunday evenings, as that seems to be the night with the most problems. He asked that Ralph Crane advise him impression of fire and safety matters and his experience with Backwaters. Ralph Crane, Deputy Fire Marshal, noted that the staff report included a memorandum from the Fire Protection District regarding the Dlatrict's contacts with Backwaters. He said the staff at Backwaters has met the Fire District's requirements with relation to the building and fire protection equipment on site. He said there have been very few occurrences compared to the prior two tenants and other tenants of the same type of occupancy. Brad Bullet, City Planner, asked that Mr. Crane indicate the widths and location of the fire lanes. Planning Commission Minutes -5- June 9, 1993 Mr. Crane showed the fire lanes extending along the southern side of the parking lot and north along the drive aisle immediately east of the building. Me indicated they are 26 feet wide. Me commented they had just been infoz~ned yesterday that parking was occurring in a non-standard manner in the other parking aisles. Me said he had no= had an opportunity Us research the files to find out what the original approval called for in terms of fire lanes to determine if any other drive aisles were included. Me did not feel any other aisles should be required for access although he thought it may have been required because the distance of the dead end portion is 163 feet, which is 13 feet beyond the 150-foot maximum. He said it is not unusual for the Fire Department to allow a small leeway in the maximum distance. He indicated the drive aisle on the west side of the building is not a fire lane, but they would have to be able to hand-carry hoses through the area. Clotelis Riddell, 6935-B Doheny Place, Rancho Cucmonga, stated she had moved to the area for affordable housing and a more laid-back lifestyle. She noted the oon~nunity has grown, meaning diversity. She also felt that there has been an influx of elements from distant communities who come to reap crime and havoc before escaping back to their communities. She stated she enjoys diversity in music, but felt Backwaters should perhaps limit some of the types of music end age of their patrons to establish a cc~npromiae with the residents and City. She did not feel the Backwaters should lose their entez~caimnent permit or be forced to becon~J a country western club. She asked that any problems be addressed if Backwaters is violating any rules which are contrary to the health and safety of the community. Mr. Mannerins introduced Terry Wood from radio station 92.3 The Beat. Terry Wood, 75270 Salton Street, stated she works with K-KBeet radio station. She said they are one of the top radio stations in the market end are owned by one of the top broadCelt groups in the country. She said she heard. concamo that becaule they are a Lea Angeles station, they are attracting listlnlrl from other areas. She stated they operate from Santa Barbara to San Diego to Sen Bernardino and are one of the primary stations in the Sen Bernardino area.; She noted their advertisers include clubs in Los Angeles and Orange County and she did not feel that people from Los Angeles come to Rancho Cucamonga to go to a club because there are so many clubs in the Los Angeles area. She else noted that the main concern appears to be Sunday evening's entertairunent end stated that Backwaters has never promoted Sunday evenings on their radio station. She said they are a very respected radio station in the area and like doing business with Backwaters because they have never had any problems with them. She observed they had recently done a remote broadcast from Backwaters and received positive feec~ack from the residents of the community. Mr. Mannerins introduced Axt Been, General ~nager of Backwaters. ~ Bean, Backwaters, Backwaters, 10877 Foothill Boulevard, Rancho Cucamonga, stated he had met with Ralph Crane to work out details of crowd control and fire and earicy and he felt Mr. Crane was very happy with the way Backwaters is handling business. He stated the program outlines how they operate their business. He thought the plan is clear so far as the positions and what Planning Coa~lsaion Minutes -6- June 9, 1993 individual jobs entail. He said he had not had an outline of what the City was looking for in the plan and he was confused when he was asked to define a manager and was told that his operating procedure was vague and weak. Be felt it is clear that the manager's responsibility is to ensure the safety of the all the patrons, from the time a vehicle pulls into the parking lot until they leave. He laid he employs an outside security firm to secure the parking area and when they have asked people to leave, they have generally left. Be felt they handle their business well. He stated there may be times when they will receive last minute notice that big-name etars would like to come and sign autographl and said he would notify the Planning Division and Fire and Police Departments ai soon as possible, but they would not be able to give the normal seven-day notice. He said without entertainment, they would be out of business. He liked that the Commission ask any questions where they may feel the plan il vague. Commissioner Valletie noted that signage had been discussed at the previous Planning Commission meeting and she pointed out that signs were posted in the City. Mr. Bean replied they had not posted any posters either in Rancho Cucamonga, Pomona, or Upland after receiving a phone call from each of their Police Departments. Commissioner Valletie noted there had been two reported inltances where security personnel employed by Backwaters had failed to appear in court and the cases had to be dismissed. Mr. Bean stated that one of their security officers had received notice to appear in court and that security officer stated he had gone to court. Commissioner Valletie asked about the second instance. Mr. Bears replied that he only knew of one time that any of their security officers was to appear in souft. He said there wal no reason why any of his security personnel would ;not go to cour~ and stated it is their policy to press charges if there IIa problem requiring police response. Commissioner Vallette stated ihe preferred to see such a policy spelled out in the plan. Mr. Bean responded that would be acceptable. Commissioner Melcher felt part of the problem may be a matter of communication with people who are not in the entez~cainment business. He said it il understandable that paz~c of a manager's reiponlibility is ensuring the lafety of patrons but he felt the plan should outline various procldurel which the manager would use to ensure such safety. Mr. Bean felt the plan outlines that there li inlide and outside security and stated the manager is in constant radio co~munication with the security supervisors. He said he is currently the closing manager every night because he wants to be sure there are no problems. He said he is linked by radio to the counters end the security personnel both inside and outside. Planning Co-waission Minutes -7- June 9, 1993 Commissioner Melcher commented that it appeared there is a lot of communication capability built into the plan but he did not see what measures are taken to be sure e patron is not carrying a concealed weapon. Mr. Bean agreed that was not spelled out in the plan and said it had not been included because Mr. Sims had indicated at the last meeting that Backwaters personnel check IDs, run a metal scanner by the patron, and shine a flashlight on the patron. He said they use a female security person to check the women. He said they check for weapons and liquor. Commissioner Valletee noted that the plan did not spell out the club's policy when firearms are found. Mr. Bean responded that the gun would be taken and they are to notify the Police Department. Commissioner Valletee noted there have been a number of shooting incidents and she asked how often weapons have been found. Mr. Bean replied he thought there was only one situation where a gun was found and the security officer confiscated the weapon but returned it at the end of the night. He said that was handled wrong and the security officer had been dismissed and others understood why. Commissioner Valletee stated there were a number of unanswered procedural questions in the plan and she understood staff's frustration in not receiving the pXan icenet so that ioml of those queltiOnl could have been asked sooner. Mr. Mannerinc introduced Michael Sims, owner, and asked that he address the shooting incident. Michael Sims, owner of Backwaters, 10877 Foothill Boulevard, Rancho Cucamonga, stated that since the last Planning Commission meeting, he had tried to figure out what he can do to please the Planning Commission and Police and Fire Departments. He said he ~&d decided that maybe only a few people want to see him closed down and he wanted to change the City'e attitude toward Backwaters. He laid he believes in Backwaters and hoped that the Commissioners would be willing to work with Backwaters. He said he had read the paper and noticed that there were acts of shooting and violence elsewhere in the City which are totally unrelated to Backwaters and he was hurt because he felt that Backwaters is being singled out. He affirmed there had been three shooting incidents since starting the rhythm and blues night. He said one of the incidents took place at the medical center and in talking to ten different witnesses there would be ten different stories. He felt the Police Department's memorandum makes Backwaters sound like a gangland, but he thought it was not a realistic picture. He laid lO~lonl wal denied entrance to Backwaters, went to the medical center located about a block away, and fired fired upon and the guy merely shot in the air when he was angered by not being allowed in the club and he then waited for the Police arrival. He said another shooting was at Spires restaurant and he questioned why everyone is concerned about Spirel and not ~bout Backwaters. Me nc~ced that people going Planning C~maission Minutes -8- June 9, 1993 to Spires at 2 or 3 a.m. have been out having fun at parties, clubs, or friends' homes. He did not feel Backwaters people are causing problems at Spires and if Spires is open =ha= late they must like the business they are getting. He said =hat according =o =he Police Department, =we women left Backwaters and said they were shot at en route to Spires. He stated the shooters had never been caught and he questioned why that incident was tied to Backwaters because the shooters had never been in Backwaters. He reported the final shooting involved =we people who pulled into the parking lot, hit each others' cars, flashed signs, and then shot at each other. He said =hey were never in Backwaters. Be stated the incidents were all isolated and he abhors that it happened, but violence does occur. He said being a night club, things will happen, but that is the exception, not the rule. He said nothing has happened at Backwaters during the last month, other than the shooting. Be said Captain Zeiner had told him =hat although there have been no other occurrences, the Police are concerned about the potential for violence. Be stated that Captain Zeiner had admitted that inside the club =here may be no problems. He expressed a willingness to work with the Police Department to prevent outside problems. He commented that most of the 18 incidents listed in the Police memorandum are for misdemeanor or light offenses. He said they have never had a fight at Backwaters that has lasted more than 10 seconds. He said that none of the three shootings occurred inside of Backwaters and did not involve people who had been inside the club. Commissioner Valletee stated she had reviewed the paperwork from when the original entertainment permit was issued and at that time Mr. Dennis, Backwaters' General Manager, had stated that the majority of the problems experienced in the past had been the result of overcrowding and fights because of the age level the entertainment attracted and that he wished to raise the age level of the patrons. She was concerned that most of the problems seem to be connected with the club's 18-and-over night. She commented that when the Commission originally approved the entertai~ment permit, they had been assured that ege levels would be addressed. She asked if Mr. Sims had plans to address the problem in the future. Mr. Sims said the Fire District has been there many nights and has found that they are within code. He acknowledged there had been an overcrowding incident shortly after they opened, at which time there were 16 people too many. Me said they have since hired more security and done things differently, such as cutting down on edvertising for holiday weekends. He invited the Commissioners to visit Backwaters. He said that at his last meeting with Captain Zeiner, he had asked that the Police work with him for a few weeks regarding Sunday evening°s 18-and-over policy to see if he could make work. He said he had told Ca~ain Zeiner he would cancel the policy if the Police did not feel there was any improvement. He did not think there had been any problems during the last two weeks. He asked that the Commission allow him to run his business. Comm£slioner Tolstoy asked if meals are being served at the restaurant. Mr. Sime~ said they had recently closed for remodeling. He indicated they were trying to determine what would work because they had lost business due to the adverse publicity they had received. He said he had many letterl of support Plann£ng Commission Minutes -9- June 9, 1993 from residents of Rancho Cucamonga. He stated they are now opening the restaurant at night to serve breakfast to try to keep the patrons from going to Spires so that Spires would not complain. He said they plan to open the restaurant in a couple of a weeks as a fine dining steak house serving steak, ribs, and chicken. Commissioner Melcher asked if Mr. Sims had gotten the sense that the Police Department would work with him for a few weeks. Mr. Sims replied that every time he has met with Captain Zeiner he has felt there was a common ground. He hoped that Chief Zeiner would confirm they were willing to work together. Commissioner Melcher noted there had been some comments regarding the lack of adequacy of the operational plan and he asked if Backwaters was willing to expand upon the plan if it were possible to work with staff. Mr. Sims replied that he is willing to go as far as requested and would be willing to do anything possible to stay in business. He said they have called the City and Fire and Police Departments to see how they are doing. He wanted to work it out. He asked for input on the plan. He felt they have constantly submitted things and been criticized. He remarked they had been trying to get a sign out front and, although he has worked through three sign companies, he has been unable to get one. He felt he is a good businessman and runs a clean club. Mr. Mannerins reiterated that they are willing to refine the plans upon input from the City. He acknowledged that the plan was not submitted until June 2, but stated they had been meeting with Ralph Crane. He said he had the sense that the Police Depar~nent would work with them. He said at the last meeting they had with Cap~ain Zeiner and Lieutenant Henry, Captain Zeiner had told them ~bout a circumstance he found unacceptable on the Memorial Day weekend. He said no one had come into the restaurant to tell them they found anything unacceptable in the parking lot and that showed there is still a communication problem. He laid he had ~o doubt that if Captain Zeiner indicates there is a law enforcement problem because of Backwaters' non-cooperation, that the Commission would pull the entertainment permit. He s&ld &t the same meeting, Lieutenant Henry indicated there had been no problems last Sunday evening with a near-capacity crowd. He noted that Sunday evenings seems to be the focus and he felt Sunday could be made acceptable with an 18-and-over policy. He recalled that when he was 18, there were no places to go and he felt they could demonstrate that it will work. He said Captain Zeiner had indicated that if Backwaters will take care of the people on the property, the Police would handle the people off the proper~y. He felt there had been some legitimate criticisms of Backwaters' management during the 18 months they have been open, but that Backwaters had rectified a lot of the problems. He requelted that the Commission allow Backwaters to refine their plan and retain the 18 and over night. He laid that if the Coat,ilion feels it is necessary to limit the entertainment permit, that they merely ask that Backwaters eliminate the 18 and over night. Planning Cmmaission Minutes -10- June 9, 1993 Commissioner Vallefro felt the burden to decide whether to rescind the entertainment permit does not lie with Captain Zeiner; however, he is responsible for reporting the facts. Mr. Mannerins said he understood, but he felt the Commission would ask him for a recommendation and that recommendation would weigh heavily on the Commission's judgment. Robert Hammond, 191 Browning, Upland, stated he was appearing as a patron and a friend of the owners. He reminded the Commission that he had spoken at the last meeting. He said that at the last meeting no restrictions had been placed on Backwaters regarding advertising within Rancho ¢ucmmonga. He said they should obviously not be posting illegal posters, but they had only been asked not to advertise out of the county. He commented that details of how patrons are searched had been explained at the last meeting. He felt the City does not want the club in the City limits and that is why restrictions have been placed on the club. He said the City has been trying to drive the club away by restricting parking everywhere they have parked. He stated that when the club first opened they had permission from the adjoining property owner to park on the dirt field behind the club but that permission was very quickly withdrawn, after which time patrons parked on unposted streets which quickly became posted even though there are no businesses or buildings on those streets. He said that cars which park by the abandoned buildings behind the club are being ticketed even though the area is not posted. He said at one time the club had permission to park at the hotel, but within a short time that permission was withdrawn. He said that as each parking area has been made unavailable, Backwaters has done the best they could to accommodate the City. He felt that Backwaters is doing a good job because from November 1992 to April 1993 there were only 27 incidents at Backwaters requiring Police response and 18 of those incidents involved breaking into cars, pilferage, or vagrant activities. He said he had only been able to determine one incident where-anyone was arrested and charged and that was the incident where the security guard failed to show up at court. He said there had been only two instances where Backwaters has called and asked for Police help. He stated they have handled their own security and the other incidents were merely from a Police Officer c~iving by or stopping in. He felt there are attempts to make Backwaters look bad when they are probably doing the best job of any night club in Rancho Cucmmonga and probably any club in the valley. He commented that the Fire Department has given Backwaters a clean bill of health except for the one time there were 16 too many patrons. He said they had a very clean record from the time they opened until November 1992 when there was a shooting at Spires and suddenly the City decided Backwaters should be eliminated. He said things have eased up since the last Planning Commission meeting with no problems occurring. He felt no one tries harder than Backwaters to fit into the City. He thought the problems encountered could easily have been solved in meetings rather than holding a hearing. He affirmed that Sunday evening is a busy night for Backwaters because there is nothing else for teenagers to do in the City. He said for the most part, the teenagers have behaved very well. He commented that in the 18 months Backwaters has been open, there have been only two driving under the influence citations issued that could be related to Backwaters and he thought that was a remarkable record. He felt Backwaters deem a good job of policing their Planning Commission Minutes -11- June 9, 1993 facility and protecting their patrons. Me thought it is better to have the teenagers at Backwaters being supervised than to have them out milling around the City. Katrice Williams, 16153 Merrill Avenue, Fontana, stated that as an Afro- American citizen she was disappointed and outraged at the events which have taken place over the last few months. She said it is apparent that the City and its agencies are subtly distorting facts to provoke a desired effect. She said you can raise a child to be as great as the mind can imagine and that child can make great contributions to mankind but if the child is raised as & racist, the parent has failed. She said that if the City leaders raise s racist City, they have failed and done an injustice to society. She commented that over a year ago the City of Los Angeles burned because City planners, mayors, and other leaders failed to correct an unjust situation. She said that every city in the country deserves to burn until somebody stands up for what is right. She did not think it would be right to close Backwaters, put people out of work, and take entertainment away from the community based on any reason other than it is legitimately unsafe or negligent. She asked that the City instead work with Backwaters. She said the months she has been at Backwaters have been more valuable than her college degree because she has learned a lot about business. She thought it was unfair to close down Backwaters because of the clientele that they bring to a lily-white city. She felt the Co~miseioners could not make a fair decision without visiting the premises. Steve Jesse, 5919 Cedar Mountain Drive, Rancho Cucamonga, stated he had moved to the area five years ago because he was impressed with Rancho Cucamonga, particularly the design requirements as he ie an architect. He said he has seen changes and recent newspaper az~icles have caused him to be more concerned about safety in the community. He felt consideration needs to be given to the safety of residents, continued economic strength, and growth of the neighborhoods. He felt the Commission needs to determine if Backwaters has a positive or & negative effect on the community. Be said he is the architect of the Rancho Cucamonge Medical Center and they have had severe problems following major ~events at Backwaters, including having all types of liquor betekes, used condoms and underwear, and other items left in their parking lot, costing them considerable money to have the debris cleaned up. Ha said that is also where one of the pistols was found which had been used in one of the incidents. Ha felt that if the establishment is causing problems for the community, it should be addressad. He said he hoped there were no pressures because of racism, but he felt if there are negative consequences from a business, perhaps limitations could be placed on the events that can take place. He said he had bean at the restaurant and felt the food wal adequate, well served, and reasonably priced. He said he had gone by in the evenings and seen the horrendous crowds and the police cars sitting at Rancho Cucamonge Medical Center observing what is going on. Ha thought that is a good idea for safety purposes but he was concerned that it may be taking Police from other areas of the City, and he felt the taxpayers should not have to pay to have Police sit there as there will not be problems. He said ha wanted Backwaters to be the best it can be but he did not want to see anything degrade the community. Planning Commission Minutes -12- June 9, 1993 Keisha Manns, 9929 La Vine Street, Rancho Cucamonga, stated she has been a resident of the area for 20 years. She said she had heard there is a group that is trying to stop businesses from moving out of Rancho Cucamonga to other areas. She stated that after hearing about the problems Backwaters is having, she wondered if businesses are not moving out of the City because of the Planning Commission. She thought that advertising is essential for every business to survive. She stated she had seen advertising posters on telephone poles for Sam's Club and Peppers and she did not see why Backwaters cannot have the same type of advertising. She said there is no profanity or anything that would incite violence in the advertising posters. She recalled that the same type of advertising had been used when she was growing up to sell new home developments and she felt that had been permitted because it was used to build up a stronger community tax base. She felt that Backwaters was also providing a tax base for Rancho Cucamonga and the City should be happy there is a business which wants to stay in Rancho Cucamonga. She said there had been a comment in a recent newspaper article that the main problem the Police Department has had is with the type of people that are attracted. She asked what type of People were referred to. She commented she has only seen well mannered, respectable people there and she had not seen any Crips or Bloods step inside the establishment. She said it had been stated at the last meeting that the Police are worried about the potential of a problem within the club but asked if the Police are also concerned about the potential of violence emanating from Peppers. She felt that people go to Peppers only to drink whereas most people go to Backwaters to listen to the mulic and dance. She said the African-American culture does not socialize around beer as is the Call with other cultures. She laid generally there are no Police around Peppers, like there are hanging around Backwaters looking for trouble. She felt the clients of Peppers are just as likely to be drunk or carry a concealed weapon. She noted that no one checks patrons at either Peppers or Sam's Club to be lure there are no concealed weapons. She felt if the City is concerned about concealed weapons, then a policy should be instituted in all drinking establishments. She laid she had recently gone to Sam's Club and there were four men who were drunk and started fighting and no cops c~me. She said when Ihe goes to Backwaters she normally arrivll at 11=00 p.m. and the Police are airlady there;ticketing people. She thought if the Police are worried about the Potential for violence at clubs, there should be Police at Sam'l and Popperi more than at Backwaterl because Backwaterl il located by fieldl and empty office IpeCel while S~m°l and Peppers are located near relidencel. She noted that ltaff had liked Backwaters what steps would be taken to be sure that p~tronl would not drive around and come back and she asked if staff was Silo concerned about People driving around Pepperi. She asked why ltaff would be concerned and felt people have the right to drive around as much al they want. She noted that some people call the club 'Blackwaterl' and lhe questioned if that was the problem for the City. She eaLd lhe preferred to think that the tommilliOn ll better than thet. She felt Backwatlrl is being lingled out. Keibrick Mannl, 9929 Li Vine Street, Rancho Cuc~monga, Irated he had lived Ln the area before it bec~me I City. He asked that the City ltOp what they are doing to Backweterl. He luggested the signs behind Backw&terl be changed to prohibit parking between 9=00 a.m. and 5=00 p.m. only, which would allow Backwaters' pattoni to p~rk on the street at night. Planning Commission Minutes -13- June 9, 1993 every Powers, 1279 Via Centreas, Moreno Valley, stated he had graduated from Alta Lama High School and attended Cheffay and Claremont Colleges. He said he works at Backwaters and he sees a lot of security people standing around waiting for something to happen because nothing is happening. He noted someone said they had seen beer bottles, condoms, and underwear at the medical center, but he felt that was only speculation because the Backwaters' people had not seen any pictures of it and they do not have litter in the Backwaters' parking lot. He stated the club is one of the best he has been to and it is run with very tight security. He felt the Sims are breaking their backs to keep their business and if the entertainment permit were to be pulled, it would shut them down. He asked if anyone had been found guilty of doing anything wrong other than the one incident when someone shot in the air because they were not allowed in the club. He said it is one of the best atmospheres for entertainment. Joe Turner, 9601 Hidden Farm, Rancho Cucamonga, stated he is the doorman at Backwaters. He stated him job entails letting the Police know what is going on and making sure everyone is checked for their identification and weapons. He reported he had seen the three incidents that had been discussed. He said he had turned away the person who left and shot in the air because he did not like the way the man was dressed and the security personnel had escorted him off the property. He felt such an incident could happen anywhere. He said he had never seen anyone come up to the door with a gun or alcohol because the patrons know they will not be able to enter with such items. He said after telling people they cannot enter, some of those people have lingered or returned to the club at closing time and he he has pointed out those people to the Police and informed them that those people had been refused entrance and had asked the Police to tell them not to return. He said the Police have talked to people and those who have been stopped or arrested have not returned to Backwaters. He hoped that communications could be improved between Backwaters and the City and he was sure Backwaters would do whatever is necessary to stay in business. Mr. Manna said he has a good understanding of local government because a few of his closest friends az~ City Planners. He asked that the Commission make sure that Backwaters is in compliance and then leave them alone unless there is truly & threat to public safety. Hearing no further testimony, Chairman McNiel closed the public hearing. He asked that Captain Zliner respond to the public testimony. Bruce Zeiner, Police Cap~ain, referred the Commission to the May 24, 1993, follow-up report prepared by Lieutenant Henry. He laid that in reference to comments made by several people, the Police have never had a major concern with how Backwaters runs the inside of their business end are in fact rather pleased with the way they run the inside. He said the issue hal been the kind of people that are attracted. He noted that the spokesman for the radio station had Itsted that peOpll fro~ the has Angeles area do not come out here to go to clubs; however, he said the Police had provided copill of citations issued to people from Irvine, Inglewood, San Juan Capistrano, Hawthorne, and Pomona. He stated they have also arrested or taken crime reports from people from Duetie, Los Angeles, Pasadena, and Carina. He said he had personally Planning Commission Minutes -14- June 9, 1993 spoken to people in the parking lot who said they came from Downey and Los Angeles because there is not as much shooting or violence here as where they come from. Be noted mention had been made about violence in general but he observed that Backwaters has had multiple occurrences at the same location, whereas the other incidents mentioned had been spread out in ares. He said Police presence would be increased at other locations if common occurrences of violence were experienced. He commented that as recently as Sunday, May 23, there had been an abundance of people appearing to be in the 18 to 20 year age group parking in the area but unable to get into the restaurant. He said he had spoken to the security guard on that evening and the security guard had acknowledged there were too many people in the parking lot but said he did not have the manpower to do anything about it. He noted that Mr. Bean had complained that the Police had not contacted him on that evening, but it was his understanding that the security guards are in contact with the management. He said that while he was there, they observed people moving the cones blocking cars from the parking lot end driving in as well as a fight by two people in front of the building. He said they had addressed those problems in a subsequent meeting with Backwaters and he understood that this past Sunday evening there had been no problems. He said there had been comments ·bout drinking and driving and comments about under-age drinking. He noted it is difficult to prove where people have been drinking but he said there have been several incidents of people under 21 who were pulled over for driving while intoxicated or involved in accidents who claimed they were drinking at Backwaters. He stated he would prefer not having 18 to 20 year olds in a bar serving alcohol because even if they are not being served, it would take ·n inordinate amount of security guards with 500 patrons to be sure that minors are not drinking. He said he would like to see their business work. He felt the issue is not that the business is poorly run, but rather the impact on the rest of the City. He said he was concerned that an inordinate amount of Police Officers, in their opinion, need to be present in the ·re· for parking and potential violence problems. He stated that Bloods and trips gang members are attracted to the location even if they are not permitted inside. He reiterated that the staff of Backwaters have been amenable to suggestions; however, he felt the problems may continue if the 18 and over policy il not changed. He thought that if the number of people attracted is reduced, it would help. He noted that once the club reaches capacity, there are generally 18 to 20 year olds who have been drawn to the · re· and have no place to go. He said he was somewhat concerned that a patron of Backwater· would make · statement that cities who don't do things they agree with deserve to burn and he would direct his staff to take any steps necessary to see that that does not occur. Commissioner belcher questioned if the type of entertainment advertised draws not only Bloods and tripe but also I majority of people who are not gang membere. Captain Zeiner stated the majority of patrons do not appear to be gang m~mhers of any kind, but he stated the Police have identified Bloods and tripe because they have either spoken with them or arrested them. Chairman McNlel asked if Ms. Fong would respond to the public testimony. Planning C~miasion Minutes -1S- June 9, 1993 Ms. Fens acknowledged that she is not experienced in running a night club and there had been some confusion with the plan. She stated she had reviewed the plan submitted to be certain it addressed all of the concerns of the Commission, particularly in the ·re· of public safety; and after reviewing the plan, she felt it was vague in some areas. She said she had posed some questions to Mr. Bean to see if he could give some answers. She stated one of staff°s goals is to maintain open communication with applicants and she had posed the questions to Mr. Bean because she did not feel the plan adequately addressed the safety issue. She said she had asked Mr. Bean what steps would be taken to try to discourage a would-be patron who had been turned ·way from parking elsewhere and walking to the night club. She indicated she was )uBt trying to understand how they operate. She thought Mr. Bean or Mr. Sims should have contacted staff if they had questions as to how to formulate the plan to address the seven points which had been raised at the previous meeting. She said it was unfortunate that the plan had not been submitted until late on Wednesday June 2, not permitting staff time to review the plan with the Police and Fire officials prior to assembling the ·glad· on Thursday. She reported that staff had approved a sign concept for Backwaters but she did not think Backwaters had pursued the matter to get building permits to build the sign. Mr. Bullet noted that comments had been made ·bout the business retention group and he said it is an ongoing effort of the Planning Division and a subcommittee of the City Council has been formed to focus on bulinellee and business retention in the ·re·. He st·ted that, with regard to the comments · bout real sit·re signs, the City has always tried to control the illegal posting of signs throughout the City streets and that the City has made great strides within the lalt 6 to 7 years in removing tacked-on illegal signs within the public right of Way. He acknowledged that £t is still be£ng done by the clubs mentioned this evening, and said that unfortunately the staff has been reduced and cannot keep up. He said upon talking with Backwaters representatives, they have made what he felt were sincere commitments to not let it happen in either Rancho Cue·mens· or neighboring cities. He stated he had tried to make it clear that the City°l goal is for compliance with ·11 the conditions of approval ~for the entertainment permit. He recalled two instances in which Itaff had to remind Backwaters that cart·in conditions were in place. He laid one had to do with using a dance floor before receiving proper approvals from the Fire District and the other had to do with double parking prior to finding out if fire lanes were blocked. Be hoped that Backwaterl would approach City staff in the future to see how problems can be iolved. He laid at hil firIt meeting with Mr. Sims he had indicated that the biggest planning issue is parking and he had asked that a plan be established to addreel that concern. COmmilsioner Vallette asked if the frisking policy at Backwaters was at the City'l request. Mr. Bullet responded that it il · self-imposed policy of Backwaters. Chairmen McNiel noted that there had been · comment ·bout the 27 incidents requiring Police respenis between November of 1992 and April 1993 and it had been implied that ihould be acceptable. He did not feel the City should find Planning Co~ission Minutes -16- June 9, 1993 that acceptable or assume a "boys-will-be-boys" mentality because there should not be a tolerance for such incidents. He stated there had been a comment about business moving out of Rancho Cucamonga and be noted that companies move into and out of areas regularly for various reasons. He acknowledged that there have been signs posted on telephone poles by both Sam's and Peppers but said the City is doing everything it can to stop that as well. He also noted there had been another night club where the City held similar meetings to the one being held tonight in an attempt to have the club address problems which it was creating for the surrounding community. He said the club was slow in responding and the permit was ultimately pulled because of the problems. He stated he had just returned from Sacramento, where he had attended meetings at which the governor was present to discuss the state budget and the potential effects on cities and counties. He commented that the City stands to lose between $800,000 and $8,000,000 which would affect the Police Department, Fire Department, and all other services. Be reported the City has been cutting its staff over the last three years. He re·red that in some ins=antes the Police Department is being required to provide ·n inordinate amount of service by almost placing · Police Officer on site at a time when the money for such services will potentially be cut. He said there had been some commentary · bout potential for violence with respect to Peppers and Sam's Place. He observed that the Police Department responds to need and the frequency of calls to Peppers and Sam's has been considerably less than to Backwaters. He noted a comment had been made about the establishment being called 'Blackwaters' and said that was the first he had ever heard that term. He felt the term was offensive and unacceptable. He said the Commission was being asked tO o~lda a judgment on whether the business should continue under its current entertainment permit. He felt the Commission must determine if the pos.£tivel outweigh the negatives. He thought there had been communications between the City and Backwaters for a fair amount of time it appeared that when the City had asked for · number of things the response had been slow. Commissioner Melther stated that perhaps Backwaters was · little derelict · bout getting the plan submitted, but he had heard Backwaters express · willingness to continue exploring the question and he had heard Captain Zeiner state that he hopel Backwaters ·ucceedl. He questioned if the plan should not be referred back to staff to develop it further with Backwaters and returned to the Commission when it is ready or when staff feels there is no further hope of compromise. Chairman HcNiel noted that on May 12 Mr. Mannerins had requested · continuance of four weeks to prep·re and said he had only recently been hired to represent Backwaters. He observed that · member of City Council said Mr. Mannerins had contacted him more th·n · month before the May meeting to discuss the situation. He thought there had been more th·n adequate time to prep·re and he felt there had been reluctance to comply until the matter was brought before the Commission. He questioned how long the Co,mission should postpone action. He thought the Cooklilies should now accept staff's recommendation or 'reaffirm the conditions of the entertainment permit and if Backwaters does not comply, the entertainment permit should be rescinded. He felt the previous continuance was f·lr but questioned if the matter should be further deferred. Planning Commis·ion Minutes -17- June 9, 1993 Mr. Mannerins asked if he could readdress the Commission. Chairman McNiel reopened the public hearing. Mr. Mannerins stated that the first continuance on the matter was at the Commission's request and after that he had requested a continuance because he had recently been retained and the seven-point plan had been prepared in three weeks. Chairman McNiel again closed the public hearing. Commissioner Tolstoy stated he had reviewed the minutes of the original Planning Commission meeting when the entertainment permit was approved. He said that the Commission approved the permit after hearing Duane Dennis, the manager at that time, express a desire to provide an upscale dining a~mosphere. He said Mr. Dennis had stated he thought a majority of the problems experienced by the former owners were probably due to the age level of the patrons. He reported Mr. Dennis had indicated the new owner wanted to provide an atmosphere more conducive to an older clientele and would select entertainment accordingly. He stated the Commission had granted the entertainment permit based on those indications. He acknowledged that perhaps the upscale dining did not work and the 18-and-over night brings in more patrons, but he thought the conditions have changed and the current permit is no longer valid because of those changed conditions. He felt the expectation of City residents is for a safe community and he thought the operation has drawn people into the community =hat have caused a situation where the Police Department has had to spend a lot of time because of incidences which have occurred. He acknowledged the problems have not occurred inside the club, but outside, but he felt the problems must be corrected. He thought the Co~mission should either revoke the permit and allow Backwaters =o apply for a new entertainment permit with conditions which the Commissioners feel will alleviate some of the problems or the City should work with Backwaters to modify the current permit. He felt Backwaters has been slow =o respond to the problems and he felt things should have been worked out sooner. He thought there may have been a la~k of communication between Backwe=ere and the City. He remarked that Backwaters had now come out and made a commendable response but he questioned why there had not been an earlier response. Commissioner Chitlea felt that public safety and welfare is the number one concern aa well as making aura that taxpayers in the community are not unduly burdened with looking after any one business. She said the business had originally been proposed as a restaurant that would offer entertainment and Ihe noted the business is no longer functioning specifically as a restaurant but instead has evolved into a night club. She said she understood that most of the problems Ire occurring on Sunday evenings. She thought perhaps the axilting permit could be modified to eliminate the under 21 age limit and condition the restaurant to be reopened. She suggested a trial 'three to six month period to find out if that would result in a significant drop in Police activity. She did no= think =he community can afford to expend =he money necessary to police an est,bliahment that at=facts the element that is causing =he problems. She said =he trial period would give Backwe=era an opportunity to show they can meet very specific standards, but if the problems continued, Planning Commission Minutes -18- June 9, 1993 she felt the Commission owes it to the residents of the community to remove =he problem. Commissioner Valle=re affirmed that when Mr. Dennis, the original manager, spoke to the Planning Commission he presented the business to be primarily a restaurant establishment with entertainment as a secondary use and stated he wanted to make sure that the types of incidents which had happened with previous owners would no= occur again. She felt that was not the case and the Commission had grounds to revoke the entertainment permit. She thought health and safety and the drain on City services are major issues. She acknowledged that to revoke the permit would be difficult inasmuch as the public testimony was for the most part in favor of retaining =he business. She thought perhaps Commissioner Chitiea's suggestion would be beneficial. Commissioner Melther suggested a finding that the Sunday night entertainment is not consistent with the entertainment permit and must cease until the entertainment permit is revised. Con~issioner Chitass suggested that entertainment might then be moved to another night of =he week. She said there was some questions as to whether the proble~ is the entertainment or the age of the crowd. She supported eliminating one or the other to determine which is the problem. Commissioner Valleire suggested setting up a subcommittee to work with staff and the applicant in addressing the issues. Mr. Bullet noted that several proposals had been presented by the Co~nission. He suggested the Commission may wish to receive input fro~ the applicant regarding the potential for temporary suspension of the entertainment permit for a specific entertainment or a temporary restriction on the minimum age limit. He though= the epplicant realized the Co~WailliOn may te~m more serious action and he thought perhaps =he applicant would prefer an interim step to give them a chance to work with st·if and other City agencies. Chairman McNlel reopened the public hearing to request coo~ent from the applicant. Mr. Mannerins requested a few minutes to talk with his client. The Planning Co~ission recessed from 10.'23 p.m. to 10:30 p.m. Mr. Mannerins stated he h·d spoken to Mr. Bullet during the recess, end he suggested one of two proposals. He requested that they be permitted to operate for eight weekl under the existing permit to allow them to demonstrate that they could successfully handle 18 and over Sunday evenings with i review scheduled at the end of the eight-week period. He thought they could work with staff end a subcommittee during that period to further clerify the plan. He requelted In alternative of allowing them a two-week period to advise the 18 to 20 year olds that their policy was switching over to a minimum age of 21 and then have the applicant work with staff end the subcon, it=es during the following eight weeks to conceive · plea that would be Planning Coawaission Minutes -19- June 9, 1993 acceptable for returning to the 18-and-older format. He said they would obviously like the opportunity to demonstrate they can operate the Sunday evening entertainment for 18 and over without any undue Police burden or public safety hazard. Commissioner ChitilS asked if the applican~ was willing to consider eliminating the 18 to 20 year old group for a three-month period. Mr. Mannlrino said if the restriction is imposed, they would have to live with it. He thought three months is a long time and he felt two months would be sufficient. Chairman MeNial felt the main problem is the 18 to 20 year olds. Mr. Mannafine remarked that it was also the most profitable night because those under 21 have no other places to go. Chairman McNiel did not feel it was reasonable to expect the community to be placed in jeopardy just because it is profitable. Mr. Mannafine suggested they be given two weeks to allow them to advise the pattoni of the change in policy to a minimum age of 21, let them operate for two months, and then return to the Commission. Chairman McNiel again closed the public hearing. Com~isa£oner Chitils stated she had felt there was a strong possibility that the permit might be revoked this evening end when she had suggested that the minimum age be changed, her thought was that it may eliminate the problem and the burden on the community and the permit might then be continued permanently under those circumstances. She said it was not her intent to form subcommittees and take a lot of additional staff time to keep looking &t it. She asked if it would be nlclslary to revile the entertainment permit in order to restrict entertainment to age 21 or over. Mr. Bullet responded that if the hearing were to be continued for three months, the Planning Commission could establish an interim condition of restricting intertlinment to 21 and up by minute action. He questioned if the Commission wanted the entertainment restricted all evening or only after a certain hour. Commissioner Chitism felt that further enforcement problems would be caused if 18 to 20 year olds were restricted only after a certain hour. Co~iaaioner Vallltte agreed. She re0mrked that the original purpose was for i restaurant, not · night club. She wanted to give them an opportunity to continue thlir business but illminers the problems. coo~o£eeioner Tolstoy felt that Sunday night activities had placed a tremendous burden on the Police Department. He feared that excluding the 18 to 20 year olde may cause problems. He thought there should be a way for Backwaters to campshalts the Police Department for the needed Police Officers, such as Planning Commission Minutes -20- June 9, 1993 having Backwaters hiring some of the off-duty or reserve Police Officers. He thought that on one evening all of the on-duty Officers had been at Backwaters and he felt that was a situation the City does not wish to have happen again. He hoped there was some way to obtain extra officers to take care of potential problems on Sunday evenings. Ralph Hanson, Deputy City Attorney, commented that the City does not charge for police responses; however, if the Commission wished to include a requirement in the entertainment permit that a uniformed, licensed Police Officer be present, the City could investigate the matter. Commissioner Tolstoy stated it was not his intent to have Backwaters pay for the officers on duty; but he wanted to see the officers on duty out in the City rather than spending all of their time at Backwaters. Mr. Hanson stated that was why the City was considering the modification or revocation of the entertainment permits. Mr. Bulmer stated that during the recess he had suggested that a grace period might be given in order to give Backwaters an opportunity to advise patrons who attend on a regular basis that the club would no longer be open to 18 to 20 year olds. He thought the grace period would give Backwaters an opportunity to determine whether problems could be expected once the 18 to 20 year olds are no longer permitted. Motions Moved by Chitlea, to continue the matter for three months, with an understanding that under 21 year olde would be restricted following a two-week transitional period. She felt the restaurant should be reopened and commented the entertainment permit was granted with the understanding that the business was a restaurant which provides entertainment. Commissioner Vallette asked if there is a specific time frame for Backwaters to give notification to the Police Department regarding entertainment. Mr. Bullet stated they ate to give notice but a specific time frame is not apelied out. Commissioner Chitiea agrem~ that when the matter returns in three months, there should be a better feeling for what is working. Commissioner Vallette was concerned that during the three month period there be prope,r notification to provide staffing. Captain Zeiner commented that the Police Department would need more notice than from a Friday evening to · Saturday, pa~iculerly when big name entertainers may be involved. Com~iemioner Vallette felt the establishment may not be appropriate for drawing top name enter~ainere. She thought the Sports Complex may be a better location. Commissioner Chitlea felt it may be a question of advez~leing. Planning Commission Minutes -21- June 9, 1993 Commissioner Vallette thought the time frame for notification should be worked out between the Police Department and the management of Backwaters and she suggested that there may even be different time frames for different types of entertainment. Commissioner Chitlea felt a written policy could be developed during the three-month period. Commissioner Tolstoy asked if the other Commissioners wished to include anything about additional policing. Commissioner Vallette stated that she had suggested a subcommittee to identify and work on the issues, such as additional policing, parking, etc. Commissioner Chitlea did not feel a subcommittee was necessary. Chairman McNiel felt that Backwaters must deal with the problems. Commissioner Vallette felt a subcommittee could give on-going feedback to make it easier for the management to come up with a satisfactory plan and preclude their returning with the excuse that they did not know what was expected. Chairman McNiel felt there would be sufficient feedback from the Police Department and Planning staff. Commissioner Vallette felt it would be only a short-term subcommittee and it would be a matter of good public relations. Commissioner Melcher asked if Commissioner Chitiea's motion called for a finding that the existing entertainment permit does not include entertainment events open to those under 21 years old and the three month continuance would be t~ evaluate the remainder of the operation to see if it would be workable from the standpoint of both the City and the applicant. He thought at the end of the three month period, the entertainment permit would either be revoked or the hearing would be concluded with a finding that the restriction on enter~ainment for those under 21 years old would remain as a permanent condition. Commissioner Chitlea agreed that was the intent of her motion. commissioner Melcher seconded the motion. Mr. Bullet noted that three months would continue the matter to September 8. Chairman McNiel noted the continuance to September 8 would be predicated upon not experiencing major problems between now and then. Mr. Bullet confirmed the matter could be returned sooner if necessary. Chairman McNiel reopened the public hearing. Mr. Mannerinc asked for clarification that those under 21 would be permitted in the restaurant once it reopens. Planning Co~lssion Minutes -22- June 9, 1993 Chairman McNiel confirmed that the prohibition was only for the night club. The motion carried by the following vote= AYES= NOES= ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: CNITIEA, MCNIEL, MELCHER, TOLSTOY VALLETTE NONE -carried Chairman McNiel commented that he wants the business to do well but he does not want the community to suffer as a result of what occurs there. He thought the Calaission has a responsibility to the business and Backwaters has a responsibility to the community. PUBLIC COMMENTS Brad Bullet, City Planner, noted the Commission had received a letter from Steve Seeley requesting that the Commission consider a~nding the Foothill Boulevard Specific Plan to permit a health club to locate in the Thomas Winery Plaza. Mr. Bullet said staff felt the use may be appropriate. Be stated the Commission should indicate whether an ~n~ment should be initiated. Commissioner Vallette asked if the applicant was aware the process may be time-consuming. Mr. Bullet stated the process had been described to the applicant. He stated that if there was no objection, staff would work with Mr. Seeley to begin processing the amendment. It was the consensus the Commission that the amencbnent could be pursued. COMMISSION BUSINESS HISTORIC PRESERVATION ~OMMISSION DUTIES AND P~SPONSIBILITIES Brad Buller, City Planner, stated he had tentatively decided that Historic Preservation Commission items would generally be considered at the first meeting of the month. He recommended that the Historic Preservation Commission meetings be held immediately preceding the Planning Commission meetings., It was the consensus of the Commission that would be acceptable. Mr. Bullet indicated that in July staff would begin training of the Commissioners on historic preservation details not only at the meetings, but alia on an individual basis. ADJOURNMENT Motion= Moved by Melther, leconded by ChitSea, carried 5-0 to adjourn. Planning Cc~miasion Minutes -23- June 9, 1993 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT June 9, 1993 Chairman and Members of the Planning Commission 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 - APN: 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 ~2, 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 ~2 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 Commission meeting. PLANNING CO~4ISSION STAFF REPORT EP 91-'94 - 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 Commission'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 Com~ission'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 Co~mission 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 4J 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 reconsider any new application for an Entertainment Permit. The result of this action would be that the applicant can continue to operate the restaurant and bar but without the entertainment. The applicant may in the future reapply for a new Entertainment Permit. PLANNING COMMISSION STAFF REPORT EP 91-04 - MIKE SIMS June 9, 1993 Page 3 RECOMMENDATION: Staff recommends that the Planning Co~anission 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 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING ENTERTAINMENT PERMIT NO. 91-04 FOR BACKWATERS, A RESTAURANT, BAR, AND NIGHTCLUB, LOCATED AT 10877 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-351-75. A. Recitals. (i) On December 17, 1991, the Planning Commission adopted Resolution No. 91-190, approving Entertainment Permit No. 91-04 for Backwaters, a restaurant, bar and nightclub with the following entertainment uses: disc jockey doing vocals, playing records and videos; live acts such as comedy, magic, dancing and fashion shows; live bands (5 members or less); lip syncing; special promotions such as talent night contest, promotion of sports teams, major sports event through satellite TV, college bowl, and trivial questions contests, subject to specified conditions. (ii) On May 12, and continued to June 9, 1993, the Planning Commission, with the consent of the applicant, limited the entertainment to patrons~ 21 years and older for three months as a test period in response to public safety nuisance problems. The Commission then continued the hearing to the September 8, 1993, meeting. (iii) On September 8, 1993, the Planning Commission reviewed the results of monitoring Backwaters with the age restriction. The Commission concluded said hearing and determined to modify the Entertainment Permit instead of revoking it. (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 May 12, June 9, and September 8, 1993, including written and oral staff reports, together with testimony from the public, the Rancho Cucamonga Police Department, and Fire Protection District, this Commission hereby specifically finds as follows: (a) The special promotion of entertainment provided by Backwaters has attracted a high number of patrons creating overcrowding, illegal overflow parking, and criminal activities. PLANNING COMMISSION RESOLUTION NO. EP 91-04MOD - BACKWATERS September 8, 1993 Page 2 (b) The Police responded 27 times to Backwaters between November of 1992 and April of 1993. Of the total, 18 reports have been filed which range from attempted murder, assault with a deadly weapon, assault with serious bodily injuries, battery, possession and/or concealment of stolen guns, attempted grand theft, and burglary-vehicle to vandalism and disturbances. (c) The Fire Protection District continued to expend time and personnel to respond to the site as a result of disturbances, shootings, battery, and assault betweeen November of 1992 and April of 1993. (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. (e) On June 9, 1993, the Commission restricted the entertainment to patrons 21 years and older for a test period of three months so that staff could monitor whether some of the public nuisance problems could be alleviated. (f) The monitoring results of this three-month period indicated that: the overcrowding, traffic, and parking problems have reduced significantly and the impact to the Fire and Police resources have been minimized. addressed described reference. (g) The applicant has submitted an Operational Plan that adequately the safety concerns raised by the Commission, as in Exhibit "A," attached hereto and incorporated herein by 3. Based upon the substantial evidence presented to this Comn~ission 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 not contrary to the peace, health, safety, and general welfare of the public. (b) The applicant demonstrated that he is fit 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 modifies Entertainment Permit No. 91-04 subject to the following conditions: Plannin~ Division All conditions of approval as contained in Resolution No. 91-190 shall apply, a copy of which is attached hereto and incorporated herein by reference. PLANNING COMMISSION RESOLUTION NO. EP 91-04MOD - BACKWATERS September 8, 1993 Page 3 The entertainment and the nightclub shall be limited to patrons age 21 and over, except for the restaurant (dining) patrons. The maximum occupancy for the entire building shall be limited to 532 people. Any increase of occupancy shall require an expansion of the parking lot subject to the City's review process, prior to approval of the increased occupancy. 4. The applicant shall adhere to the Operational Plan as shown in Exhibit "A." The maximum number of pre-sale tickets for a special event or promotion shall not exceed 532 tickets. The Planning Commission shall conduct a compliance review one year from the date of this modification. Fire District A detailed parking plan showing accurate dimensions of parking spaces, fire lanes, drive aisles, etc. shall be submitted for Fire District review and approval prior to commencement of use. The proposed future stacked parking spaces along the most easterly fire lane are subjected to Fire District review and approval prior to commencement of use. 3o Any changes to the crowd management plan shall be subject to Fire District review and approval. APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Bullet, Secretary PLANNING COMMISSION RESOLUTION NO. EP 91-04MOD - BACKWATERS September 8, 1993 Page 4 I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of September 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 10~TH~x~dll Blvd. P, 2 P!-AJ"Jr',~{ NG D:VISIO~" Mm~ hd~ w bbok dlk ~ ~ t-ddm wl& a Mm~ bed~. Ouett alp ~) ~vn~'~_ wlfi be limited to .utah ames, and ~ of' tidn~ ~11. be a'4ihbl~ Caimdlr dEvemi Oue weeis notice is lmfen~ by lie Oly, how~'vcr a mlnlnmn of# houri' no~i(z will be EP 91-04 [0877 Foothill Blvd. ?3acho Cucamonga, CA 91730 .~ ~ ~ ~ . .:.. ,.~.:, . , I I I , , i .,.. .., · ...... .~ ......., ', ,:[...A ~ , . , '~'~.. - ~ . .~::~ ================================= ~ ~~ · . ~~ '.~,~~:..."'~' l-~ · RESOLUTION NO. 91-190 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 91-04, A REQUEST TO CONDUCT LIVE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT AND BAR LOCATED AT 10877 FOOTHILL BOULEVARD IN SUBAREA 7 OF THE INDUSTRIAL AREA SPECIFIC PLAN, AS FOLLOWS= DISC JOCKEY DOING VOCALS, PLAYING RECORDS, AND VIDEOS; LIVE ACTS SUCH AS COMEDY, MAGIC, DANCING, AND FASHION SHOWS; LIVE BANDS (5 MEMBERS OR LESS); LIP SYNCING; SPECIAL PROMOTIONS SUCH AS TALENT NIGHT CONTEST, PROMOTION OF SPORTS TEAMS, MAJOR SPORTS EVENTS THROUGH SATELLITE TV, COLLEGE BOWL, AND TRIVIAL QUESTIONS CONTESTS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN= 208-351-75. A. Recitals. (i) On October 9, 1991, Mike Sims filed an application for the issuance of an Entertainment Permit No. 91-04 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." (ii) On the 11th day of December 1991 and continued to the 17th day of December 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, ~it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows= 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on December 17, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows= a. The application applies to proper~y located on the southwest corner of Foothill Boulevard and Spruce Avenue, and is currently developed with a restaurant/night club and associated parking. b. The property to the north is developed with a shopping center, the property to the south is vacant, the property to the east is under construction for a hotel, and the property to the west is vacant. PLANNING COMMISSION RESOLUTION NO. EP 91-04 - MIKE SIMS December 17, 1991 Page 2 91-190 c. The applicant has indicated on the application that neither the applicant or any persons responsible for the management or supervision of Backwater's has, within the previous 10 years, been convicted of a crime; nor has the applicant had any permit or license issued in conjunction with the sale of alcohol provision of entertainment been revoked. 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 conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare; b. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner; public nuisance. That the granting of the application would not create a d. That the applicant, or any other person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent Jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude, nor has had any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked with the preceding five years; e. That the normal operation of the premises would not interfere with the peace end quiet of any surrounding residential neighborhood; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. Based upon the findings and conclusions met forth in paragraphs l, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) This approval is granted for the following enter~ainment uses~ a) Disc jockey doing vocals, playing records, and videos; b) Live acts of comedy, magic, and dancing; c~ Fashion shows consisting of evening wear and fashionable attire (no nudity or ess-through or w.t fabric.), PLANNING COMMISSION RESOLUTION NO. 91-190 EP 91-04 - MIKE SIMS December 17, 1991 Page 3 2) 3) 4) 7) d) Live bands (5 members or less); e) Lip syncing; f) Special promotions for talent night contests, promotion of sports teams, major sports events through satellite TV, college bowl, and trivia question contests. All persons conducting a public dance or any entertainment where dancing by patrons or customers is permitted shall have in attendance at the premises for the purpose of supervising the dancing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted or allowed. However, the provisions of this condition shall apply only where a dance floor or dance area in excess of 150 square feet is available or designated for dancing by customers or patrons. A minimum of two duly licensed, certified, or trained and regularly employed security guards from a reputable security firm shall be required to be on the premises from 6 p.m. until two hours after the cessation of any entertainment. At least one of said guards to be in "peace officer" uniform and remain on duty in the parking and outside adjacent areas of the facility. The hours of operation for entertainment shall be limite'd to Sunday through Saturday, 6 p.m. to 2 a.m. No more than ten contestants shall be allowed to compete in a talent night event. The scope of the "talent night' shall be limited to lip sync acts, singing and/or dancing acts, magic acts, and comedy acts. The applicant shall submit a monthly calendar of entertainment events to the City Planner for review of compliance with the approved entertainment uses. The applicant shall submit a security management program indicating which reputable security firm will be employed and the number of security guards on duty on any one shift, etc., subject to City Planner review and approval prior to the occupancy of the building and commencement of use. PLANNING COMMISSION RESOLUTION NO. EP 91-04 - MIKE SIMS December 17, 1991 Page 4 91-190 S) All landscaped areas shall be kept free from weeds and debris, maintained in a healthy and thriving condition, and receive regular pruning, fertilizing, mowing, and triz~ing. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 9) The applicant shall replace all missing landscape materials according to any detailed landscape plan approved by the City Planner. Upon completion of the landscaping, the applicant shall contact the Planning Division for an inspection prior to occupancy of the building. Additional landscape materials may be required if an on-mite inspection of the mite reveals any apparent landscaping deficiencies. 10) Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 11) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's requlations have been complied with. Prior to occupancy, the applicant shall obtain a new permit for public amsembly from the Rancho Cucamonga Fire Protection Dimtrict. 12) Prior to any use of the project mite or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. 13} If the operation of the business createm law enforcement and/or fire safety problems such as, but not limited to, loitering and disturbances after hours, overcrowding and blocked fire exits, etc., this Entertainment Permit shall be brought before the Planning Commission for modification and/or consideration of revocation. 14) If valet parking is to be provided, a site plan showing the area set aside for valet parking ~hall be submitted for City Planner review end approval prior to occupancy of the building and commencement of use. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. EP 91-{)4 - MIKE SIMS December 17, 1991 Page 5 91-190 APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 1991. PLANNING CO~ISSION OF THE CITY OF RANCHO CUCAMONGA BY: · ATTESTed 11e~ I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 17th day of December 1991, by the following vote-to-wit: AYES: COMMISSIOHERS= CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE DATE: TO: FROM: BY: SUBJECT:: CITY OF RANCHO CUCAMONGA September 8, 1993 STAFF REPORT Chairman and Members of the Planning Commission Brad Buller, City Planner Steven Ross, Assistant Planner ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15526 - LEWIS - A residential subdivision and design review for 57 single family homes on 7.86 acres of land in the Low Medium Residential District (4-8 dwelling units per acre) in the Terra Vista Planned Community, located at the southwest corner of Mountain View Drive and Milliken Avenue - APN: 1077-091-36. Related File: Minor Exception 93-09. PROJECT AND SITE DESCRIPTION: Action Requested by the Applicant: Approval of the Tentative Tract Map, conceptual site, landscape, and grading plans, and building elevations for 57 single family homes, and issuance of a Negative Declaration. B. Project Density: 7.3 dwellings per net acre. Surrounding Land Use and Zoning: North - Single Family Residential; Low-Medium Residential (4-8 dwelling units per acre) within the Terra Vista Planned Community. South - Park and Apartments; Park and Medium-High Residential (14-24 dwelling units per acre) within the Terra Vista Planned Community. East - Apartments; Medium Residential (4-14 dwelling units per acre) within the Terra Vista Planned Community. West - Single Family Residential; Low-Medium Residential (4-8 dwelling units per acre) with the Terra Vista Planned Community. General Plan Designations: Project Site - Medium Residential (8-14 dwelling units per acre) Nor~ - Medium Residential (8-14 dwelling units per acre) South - Medi%lm Residential (8-14 dwelling units per acre) East - Medium Residential (8-14 dwelling units per acre) West - Medium Residential (8-14 dwelling units per acre) E. Site Characteristics: The site is located on part of a former vineyard and is void of any significant landforms. ANALYSIS: Background: A 118 unit condominium project was approved for the site in 1990; however, changes in the housing market have caused the applicant to abandon the original proposal in favor of the same zero lot line housing pro~ct which is being constructed in Tract 14365 to the west. Iu'P_~4 B PLANNING CO~4ISSION STAFF REPORT TT 15526 - LEWIS September 8, 1993 Page 2 Be De General: The applicant is proposing to construct 57 single family homes on lots which range from 3,500 to 7,010 square feet in size. The average lot size is 4,183 square feet. Three floor plans, each with three elevations, are proposed for plotting on the lots. The houses range from 1,615 to 1,815 square feet in size. The proposed homes are identical to the 41 houses being constructed in Tract 14365, located i~nediately west of the project site. The applicant has applied for Minor Exception 93-09, to allow wall heights over 6 feet high but less than 8 feet high, at various locations throughout the tract. Most of the excess wall height is a result of numerous retaining conditions throughout the tract, and is common to single family projects in Terra Vista. The City Planner will approve the request in conjunction with the approval of the tract. Design Review Committee: On August 3, 1993, the Committee (Melcher, Tolstoy, Coleman) reviewed the project and reco~nended approval to the Planning Commission subject to staff's review and approval of the following items: The courtyard wall and privacy wall behind it should both have similar design features. The courtyard wall should be limited to a maximum height of 3 feet 6 inches. The belly band should stop no more than 6 inches above finished grade. The remaining area between the belly band and finished grade should be painted to match. After the July 22, 1993, Design Review meeting, the applicant learned that Lot A, the proposed connection to the West Greenway Corridor, would not receive park credit. The applicant then proposed to delete the connection. The proposal was reviewed by the Committee (Melcher, Vallette, Coleman) on August 31, 1993, and received a favorable recommendation because the Greenway Corridor could still be reached by way of the sidewalk on Milliken Avenue. The Committee also noted that deletion of the connection resulted in greater side yards for the lots along the southerly tract boundary, adjacent to the West Greenway Corridor (see Exhibit "D-2"). These comments have been included as Conditions of Approval in the attached Resolution of Approval. Technical Review Committee: The Technical Review Committee met on August 4, 1993, and determined that the project is consistent with all standards and ordinances, and therefore, recommended approval. Environmental Assessment: Part I of the Initial Study has been completed by the applicant. Staff has completed Part II of the Environmental Checklist and determined that the project will not significantly impact the environment. However, an acoustical report was required to assess the noise generated on Millike~ Avenue. The report reco~ended the PLAN/qING CO~4ISSION STAFF REPORT TT 15526 - LEWIS September 8, 1993 Page 3 construction of a solid wall along Milliken Avenue to reduce the noise level in the private open areas and special glazing in the second story windows of those units along Milliken Avenue. A final acoustical analysis will be required prior to the issuance of building permits to verify that these measures have been incorporated into the design of the project. FACTS FOR FINDINGS: This project is consistent with the Terra Vista Planned Community and the General Plan. The project will not be detrimental to adjacent properties or cause significant environmental impacts. In addition, the proposed use, together with the reco~unended Conditions of Approval, is in conformance with the applicable provisions of the Terra Vista Planned Cor~nunity, the Development Code and City Standards. COP~RESPONDENCE: This item has been advertised in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were sent to all property owners within 300 feet of the project site. Pd~CO~4ENDATION: Staff recommends that the Planing Commission approve this project through adoption of the attached Resolution of Approval and issuance of a mitigated Negative Declaration. Brad Buller City Planner BB: SR: sp Attachments: Exhibit "A" - Exhibit "B" - Exhibit "C" - Exhibit "D" - Exhibit "E" - Exhibit "F" - Exhibit "G" - Resolution of Resolution of Site Utilization Map Tentative Tract Map Conceptual Grading Plan Detailed Site Plan Conceptual Landscape Plan Conceptual Yard Landscape Plan Building Elevations Approval for TT 15526 Approval for Design Review for TT 15526 · I ,zm .oN ~v~ zMzv~xz: ....................... Y.L'~IA ¥1'4U:11 d¥1q .LO¥NI :IAIIV.LNq.L ! ,e YISIA VUU~. ~:ZI. $NOU. VA.-~ ~ ~ ~ ¥1SIA ¥UU~J. VISIA VUU~J. ,g£ ~10~LVA.-T~ z z RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCMO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 15526, A SUBDIVISION CONSISTING OF 57 SINGLE FAMILY LOTS ON 7.86 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE TERRA VISTA PLANNED COMMUNITY LOCATED AT THE SOUTHWEST CORNER OF MOUNTAIN VIEW DRIVE AND MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-091-36. A. Recitals. (i) Lewis Development Company has filed an application for the approval of Tentative Tract Map No. 15526 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." (ii) On the 8th day of September 1993, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on September 8, 1993, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property bounded by Milliken Avenue on the east, Mountain View Drive on the north, Tract 14365 to the west, and the West Greenway Corridor to the south. (b) The property to the north of the subject site is Single Family Residential, the property to the south of the site consists of the West Greenway Corridor, the property to the east is Milliken Avenue, and the property to the west is Single Family Residential. 3. Eased upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: PLANNING COMMISSION RESOLUTION NO. TT 15526 - LEWIS September 8, 1993 Page 2 (a) That the tentative tract is consistent with the General Plan, Development Code, and the Terra vista Community Plan; and (b) The design or consistent with the General Plan, Community Plan; and improvements of the tentative tract is Development Code, and the Terra Vista (c) The site is physically suitable for the type of development proposed; and (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and (e) The tentative tract is not likely to cause serious public health problems; and (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: (a) That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. (b) That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. (c) Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. TT 15526 - LEWIS September 8, 1993 Page 3 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. Planninq Division: l) The Tentative Tract Map, Site Plan, Grading Plan, and Landscape Plan shall be revised to reflect the deletion of the pedestrian connection as shown in Attachment "A." 2) The City Planner shall approve Minor Exception 93-09 allowing wall height up to 7.5 feet high. The approval of the Minor Exception shall run with the approval of this Tentative Tract Map. Enaineerinq Division: 1) Revise the Milliken Avenue and Countryview Drive street improvement plans to reflect the new street connections, driveways, and sidewalks, as shown on the approved Grading Plan. 2) Extend a local public storm drain from the existing terminus in the West Greenway Corridor through Lot "28" to streets "A" and "D," as shown on the approved Grading Plan. 3) Provide a minimum 12-foot wide public storm drain easement across Lot "28." Widen the side yard of Lot "28" as needed and/or provide extra depth footings for the adjacent structures, to accommodate a repair trench for the deep storm drain, to the satisfaction of the City Engineer and Building Official. 4) The pedestrian connection to the West Greenway Corridor has been deleted. Pre-existing sidewalk connections within the corridor which are no longer needed shall be removed and replaced with landscaping and irrigation to the satisfaction of the City Engineer. 5) The Developer shall obtain an encroachment permit to install retaining walls in the West Greenway Corridor. The existing irrigation system shall be relocated as needed and any damaged landscaping replaced to the satisfaction of the city Engineer. The Developer shall assume maintenance responsibility for all altered landscape areas for a minimum of 90 days after reconstruction before returning it to City maintenance. 6) Tubular steel fencing at the terminus of Corsica Court shall be per City standards and approved by the City Engineer. PLANNING COMMISSION RESOLUTION NO. TT 15526 - LEWIS September 8, 1993 Page 4 7) A non-refundable deposit shall be paid to the City covering the estimated cost of operating all required street lights during the first six months of operation, prior to final map approval or the issuance of building permits, whichever occurs first. 8) The catch basins in the sump location in Street "A" on both the north and south sides shall each be designed to receive Q100 for the entire drainage area and shall each connect independently to the main line. Provide an overflow easement across the lot south of the sump location, with provisions for overflows to pass through the encroaching walls to the satisfaction of the City Engineer. 9) Lot "A" shall not be eligible for park credit. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of Septeraber 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES= COMMISSIONERS: ABSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS SUa ECT: APPLICANT: LOCATION: Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 98~-1861, FOR COMPLIANCE WITH THE FOllOWING CONDrrlONS: A. Time Umlt. t//' 1. Approval shall expire, unless extended by the Planning Commission, it building permits are not issued or approved use has not commenced within 24 months from the date of approval. SC - 2/91 2. Development/Design Review shall be aplXOVed prior to / I _._/ / 3. Approval of Tentative Tract No. is granted subject to the approval of J / 4. The devaloper shall com~nsnoe, participate in, and consummate or sause to be commenced, participated in,,or consummated, a Meito-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection Dist~tct to finance construction and/or maintenance of a fire station to serve the development. The station shall be located, designed, and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the District's property upon coml:~ton. The equipment sha, be seated by me District in accordance with its needs. In any building of a station, the developer shall com131y with all appiicabie laws and regulations. The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. o Prior to recordation of the final map or the issuance of building permits, whichever comes first,-the applicant shall consent to, or partioi13ate in, the establishment of a Melk>.Roos Co~tmunity Facilities District for the conetruction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities District, the apgllcant shall, in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building parmits. whichever comes first. Further, it the affected school district has not formed a Mello-Roos Community Facilities District within twelve months from the date of apgroval of the project and prior to the racordation of the final map or issuance of building permits for said project, this condition shall be deemed null and void. I o~'12 / / This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all school impacts as a result of this project. Prior to recordation of the final map or prior to issuance of building permits when no map is involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shell be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Specific Plan and Planned Community. / / 2. Prior to any use of the project site or business activity being commenced thereon, all _._/ / Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facility shall not commence until such time as all Uniform Building Code and/ / State Fire Marshalrs regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspeoted for compliance prior to 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval I:wlor to issuance of building parrnits. 5. All site, grading, landscape, irrigation, and street imlxovement plans shall be coordinated for consistency prior to issuance of any permits (su~ as grading. tree removal. encroachment, building, etc.), or prio~r to final map approval in the case of a custom lot sulxlivision, or approved use has ~commenced, wt~ichaver comes first. Approval of this-request shall not waive compaance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. o A detailed on-alte lighting plan shall be reviewed and approved by the City Planner and Sheriff's Department (989-6611) p~tor to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely _._/ / 8. If no centralized trash receptaclas are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. / / o sc. 2/91 Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the humtar of trash receptacles shall be ~ to City Planner review and approval prior to issuance of building parmits. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adaduately screened through the use of a combination of concrete or masonry walls, barming, an(t/or landscaping to the satisfaction of the City Planner. ~=~ 2of 12 1. Street names shall be submitted for City Planner review and approval in accordance with the adopied Street Naming Policy prior to approval of the final map. V/' 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 Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation ol the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine animals where zoning requirements for the keeping ot said animals have been met. Individual let owners in subdivisions shall have the opllen of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval ot the Planning and Engineering Divisions and the City Attorney. They shall be recorded cogtcurrently with the Final Map or prior to the issuance of building permits, wnichever occurs first. A racorded copy shall be provided to the City Engineer. 16. All perkways, open areas, and landscaping shall be pemmnently maintained by the property owner, homeowners' assoclalion, or other means acceptalOe to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subcllvision which shall be recoiled concur~'ently w#h the recordation ol the final map or issuance of permits, w~icbever oornes first. The easements shall prohibit the casting of shadows by vegetatio~ structures, fixtures or any other of:~act, oxcapl Ior utility wires and similar ol~ects, pursu'a~ to Development ~ Section 17.08.060-G-2. 18. The pro~ contains a designated Historical Landmark. The site shall be developed and maintained in accordance with the Historic La~ Alteration Permit No. · Any fu~lher modifications to the site including, but not limited to, exterior alterations and/or interior alterations which affect the exterior of the buildings or structures, removal of landmark trees, demolition, reiocation, reconstruction of buildings or structures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Bull~llng Design sc- 2/91 An aifemative energy system is required to provide domestic hot water for all dwelling units and for heating any swimming pool or spa, unless other alternative energy systems are time ot initial deveioprnaht shall be supplemented with ~oi~r beating. Details shall be included in tha building plans and shall be sul~'nitted for City Planner review and approval prior to lha issuance of building permits. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment sul~ect to City Planner review and approval prior to issuance ot building permits. / / / / / / __/ / / / / / / / / /_ Standard patio cover plans for use by the Homeowners' Association shall be submitted 1or City Planner and Building Official review and approval prior to issuance of building permits. All roof ap~rtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular ACCeM (Indicate detaiL1 on building planl) 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12.inch walk adjacent to the parking stall (including curb). Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throogho ut the development to connect dwellings/units/buildings with open spaces/ plazas/reomational uses. o All parking spaces shall be double striped par City standards and all driveway aisles, entrances, and exits shall be striped par City standards. All units shall be provided with garage door openers if driveways are lass than 18 feet in depth from back of sidewalk. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of tran~3ortation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. Plans for any security gates shall be subnlitted for the City Planner, City Engineer, and Rantrio Cucamonga Fire Profaction District review and approval prior to issuance of building parmits. E. Landscaping (for publicly malntalnacl landecN~e areas, reform Section N.) b/ 1. Adatailedlandsca13e ..aOclirrigationplan, including sk~pe planting and model home landscap- ing in the case of reskfontlal development, stmJl be prepared by a licensed landscape arcMect and submittedfor City Planner raylaw and a0pmval pdorto theissuanceof building permits or prior final map approval in the case of a cu~'"tom lot sulxlivision. Existing trees required to be preserved in place shall be pfi:)tsoted with a construction barrier in acco rdance with the Mu nicipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and now locations for transplanted trees shall be shown on the detailed larldsoape plans. The al:q)licant shall follow all of the artx)rist's recommendations regarding preservation, transplanting and trimming methods. A minimum of trees per gross acre, comprised of the following sizes, shall be provided within the project: % - 48- inch box or larger, % - 36- inch box or larger, ____ % - 24- inch box or larger, % - 1S-gallon, and % - 5 gallon. A minimum of % of tress planted within the project shall be specimen size trees- 24-inch box or larger. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to Shade 50% of the parking area at solar noon on August 21. P~ ~o.T~' ~q~icuoa D~e: .~/ / / / / / / / __/ / __/ / __/ / __/ / ._/ / / / / /__ SC-2/91 4 of' 12 6. Trees shall be plante<= ,n areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. / /.. 7. AIIprivateslopebanksSfeetorlesslnverticalheightandofS:1 orgmaterslope, butlessthan / /. 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. ~//8. AII private siopes in excess of 5 feet, butlessthan8feet inverticalheightando12:1orgreater / / slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. It. of slope area, 1 -gallon or larger size shrub per each 100 sq. It. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to ~'" 9. For single family residential development, all slope planting and irrigation shall be continu- __./ / ously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied bythe buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory 10. For muitHamily residential and non-residentiai development, propeW owners are respen- / / sible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kep~ free from weeds and debris and meintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. V/ 11. Front yard landscaping shall ~a,l I:~ required per the Development Code and/or ~ / / V~l'/r ~,/1~ I¥~' ~'~,/~/ . This requirement shall be in addition to the required street trees and slope planting. V'//'12. The tinal design of the perimeter part<ways, walls, landacaping, and sidewalks shall be __J / included in the requll=lKI M plans and shall be lubjact to City Planner review and approval and coordinated for (~istency wilh any parkway landscaping plan which may be required by the Engineering Division. v'"'" 13~specia~laridacapefoaturessuchasrn~unding~ailuviainX~k~spec~mensizetrees~meander- ---/ / ing side.w,~,l~ (with ~orizontai ofmnge), and intensified landscaping, is required along M t~//14. Landscaping and in'igation eystems required to be instailed within the public right-of-wayon .. / / the perimeter of this project area shall be co~inuously maintained by the developer. V//15. All walls shall be provicled with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and sulxnttted for City Planner review and approvai prior to issuance of building permits. ~ criteha shall encourage ~ natural V~17 growth cl~aracteristics of the selected tree species. · Landscaping and irrigation shall be designed to consewe water through the pdncipies of Xeriscape as defined in Chapter 19.16 of the Ranctto Cucamonga Municipal Code. / / / / / /_ sc-2/91 5 of t2 F. Slgna The ,signs indicated on the subrallied plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any SignS. 2. A U nilarm Sign Program for this development shall be submitted for City Planner review and approval pdor to issuance of building parmits. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shell require separate application and approval by the Planning Division prior to issuance of building parmits. G. Environmental The developer shall provide each prospective buyer written cotice of the Fourth Street Roct< Crusher project in a standard tomtat as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a starxlard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building parmits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction tochniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. H. Other Agencies V"' 1. Emergeficyseconda~'acceseshellbeprovldedinaccordancewithRanchoCucamongaFire Protection District Standards. &,"" 2. Emergencyaccassshellbeprovlded, mainfanancelreeandclear, a minimumof26Ieetwide at all times during construction in a__~_rdanco with Rancho Cucamonga Fire Protection District requirements. Prior to issuance of building permits for combustible construction, evidence shell be submitted to the Rancho Cucamonga Fire Pr~ection District that temporary water supply for fire protection is available, pending completion of required fire protection system. The applicant shall contact the U.S. Postal Service to determina the appropriate type and location of mail boxes. Muiti-famity residenfial developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mall boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to lhe issuance of building permits. / / __/ / __/ / / / __/ / __/ / __J / / / / / SC - 2/91 For projects using septic tank facilities, written certification of m3cepMbil~, including all supportive information, shell be oblained from the San Bernardino County Department of Environmental Health and submitted to the Building Official 13ior to the issuance of Septic Tank Permits, and prior to issuance of buildi~permits. 6 of 12 / /___ APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site Development ~'~"'1. The applicant shall comply with the latest aclopted Uniform Buikling Code, Uniform Mechani- cat Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Bulkling and Safety Division for copies of the Code Adoption Ordinance and applicable hanciouts. ~2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition toexistingunlt(s),the applicant af~allpeydevelopment fees at the estab#shed rate. Such fees may include, but are not limited to: City Besutifioation Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. 3. Prior to issuance of building permits for a naw commarciel or inclustrlaf development or addition to an existing development, the applicant shall pay developrnent fees at the established rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. ~/4. Street addresses shall be provided bythe Building Official, al~er tract/parcel map recordation and p~or to issuance of buikling permits. J. Existing Structum~ SC-2/91 Provide compliance with the Uniform Buikling Code for the property line clearances considering use, area, and fire-reeislivenass of existing buildings. Existing buildings sl~11 be made to'comply wifh correct building and zoning regumions for the intendecl use or the building shall be demolished. Existing sewage disposal facilities shall be removed, filled and/or capped to cornply with the Uniform Plumbing Code and Uniform Building Code. Underground on-si~e*l~tUities are to be located and shown on building plans submitted for building permit application. Grading of the subiec~ property shall be in accordance with the Uniform Building Code, City Grading Standards, and acoeiXed grading practices. The final grading plan shall be in substantial conformance w#h the approved grading plan. 2. A soils report shall be prepared by a qualified engineer ltcar-,,~<l by the State of Calitomia to 3. The development is located within the soil erosion control boundaries; a Soil Distmtmnce Permit is re<Nired. Please contact San Bernarclino Courtly Department of Agriculture at (714) 387-2111 for permit KopNcatton. Documentation of such petra# shall be submittad tothe City prior to the issuance of rough grading permit. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. ._/ / / / / / __/ / / / / / / /.-- / / ._/ / 701'12 5. Thefina~gradingptanssha~becomp~etadandappn3vedp~iort~issuan~e~fbuildingpermits~ ---/ 6. As a custom-lit sutx:livision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion el all on-site ~lrainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Safely Division prior to linal map alx)roval and prior to the issuance of grading permits. b. Appropriate easements for sate disposal of drainage water that are conducted onto or over edjacent parcels, are to be delineated and racorc~:l to the satisfaction of the Building and Safety Division prlir to issuance of grading and building permits. c. On-sile drainage irrkorovements, necessary for dewatering and protecting the sutx:livided propetites, are to be installed pdor to issuance of building permits for construction upon any ;)arcel that may be sul:)jact to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. do Final grading plans for each parcel are to be submitted to the Building and Safety Division for aporoval prior to issuance of building and grading permits. (This may be on an incremental or composite basis.) e. All slope banks in excess of 5 feet in vertical height shah be seeded with native grasses or planted with ground cover for erosion control upon complstion of grading or Some other aitemative method of erosion control shall be completed to the satisfaction of the Building Official. In addition a permanent irrigation system shah be provided. This requirement does not release the al~icant/develdper from compliance with the sioDe planting requirements of Section 17.08.040 1 of the Development Code. / / / / / / / / / / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (714) ~ee.1~62, FOR COMPLIANCE ITH THE FOLLOWING CONDITIONS: L.. Dedication anti Vehicular AcceM V/ 1. Rights-of-way and easements shell be dedicated to the City for all interior public streets, community trails, public pareos, public la~ areas, street trees, and public drainage facilities as shown on the plans and/or tentative map. I:~'ivate easements for non-public facilities (c,-~,ss-lot drainage, local fee¢ler Iralie, etc.) ~ be reserved as shown on the plans aria/or tentative map. 2. Dedication shall be ~ Of the following rights.of-way on the perimeter streets (measured from street centerline): / / total feet on total feet on total feet on 3. An irrevocable offer Of declication for -foot wide madway easement shall be maOe ---/ / for all private streets or drives. ~/' 4. Non-vehicular acoess shall be ciedicated to the City for the following streets: / /__ ~C-2/9l Private drainage easements for cross-lot drainage shall t~e provided and shall be delineated or noted on the final map. / / The final map shall clearly delineate a 10-foot minimum building restriction area on the neight~odng lot adjoining the zero lot line wall and contain the following language: 'l/We hereby decl~,ste to the City o! Rancho Cucamonga the rfght to prohibit the construction of (residential) buildings (or other structures) within those areas designate~ on the map as tJuiiding restriction areas.' A maintenance agreement shall also be granted from each lot to the adjacent lot through the CC&R's. 8. All existing easements lying within future rights-of-way shell be quitclaimed or delineated on the final map. 9. Easements for public sidewalks and/or street trees placed outside Ihe public right-of-way shell be dedicated to the City wherever they encroach onto private property. 10. Additional street right-of-way shall be dedicated along right turn lenas, to prov~ a minimum of 7 feat rneasurad from the face of curbs. ff cure adiacent si tawelk is used along the right turn lane, a parallel street tree maintenance easement shall be ptovk~Kt. 11. The developer shell make a good faith e#od to acquire the recNir~l off-site i~ol~ny interests necessary to conatruct the required I:X~blic imp~vernonts, and # he/she shoul~l fail to do so, the Cleve10~r shall, at least 120 clays prior to sul~mittal of the final ~ for al:~roval, enter into an agreement to com~iete the irnprovements I~Jrsuant to Government Code Section 66462 at Such time as the C~ acquires the prol~ interests reduired for the improvements. Such agreement shall provide for payment by the d~vllol~r of all costs incurred by the City to acquire the off-site I:~ol~rty interests required in connection with the sul~livision. Secud~ for a portion of these costs shall be in the form of a cash del oslt in the amount given in an al~raisal reporl oblained by the develol~r, at ;ievalo~r'$ cost. The al:q;xalser shall have been al:~lXOVed by the City prior to commencement of the al:~raisal. M. Street Impmvementl V/ 1. All Ix~ic iml~'ovement$ (Ihtedor streets, ;Iralnage facilities, ~~ trails, ~s, ~~ am~. ~c.) ~ ~ ~ ~ ~r t~m~ ~ ~ ~ ~m~ to C~y S~. linear ~rW i~e~l ~ ~, ~ am ~t ~ ~, ~m a~ ~er, AC ~m, ~ ~, ~, ~ ~, ~ ~mM tm~. 2. A mir~mum of 26- foot wi~ payment, within a 40 -foof wire esdlr, ated alga-of-way shall be constructed for all hall-se~tion streets. 3. Construct the folowing I~'lm~er street improvements including, ~ not limited to: / / __/ / / / / / , ..._/ t / /, / / S'TREE"I' NAI~: CURB & &C. ;~D~; DRIt~ ~ ~ OUl'IT, R ~ WAlK A,=PR. UOH'l~ TRF.~8 t41 Ill h e c. v/ col~i. biI~DL~ OTHER TRNL ISLAND v/ Notes: (a) Median island includes landscaping and imgation on meter. (b) Pavemen! reconstruction and overlays will be cleterminnd during plan check. (c) If so marked, side- walk shall be curvilinear per STD. 304. (el) If so marked, an in. lieu of construction fee shall 4. ir,.,~rovement plans and construction: ao Street improvement plans including street trees and street lights, prepared by a regis- tered Civil Engineer, shall be submllted to and approved by the City Engineer. Security shall be posted and an agreement executed to the set.action of the City Engineer and lhe City Altomey guaranteeing completion of the pub#c and/or private street improve- ments, prior to final map approval orthe issuance of building pen'nits, whiohever occurs first. __/ / Prior to any work being berlorTned in public right.of-way, fees shall be paid and a construction permit shall be obtained from the City Engineef'$ Office in addition to any othar permits required. Pavement striping, marking, traffic. street name signing, and interconnect condull shall be installed to the satisfaction of the City ~f. / / Signalconduit with pullboxes shall be inllalled on any new constructionor reconstruction _._/ of major, secondary or collector streets whicl~ intersect with other major, secondary or collector streets for future traffic signals. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR or any other locations aPl~ved by the City Engineer. Notes: (1) All pull boxes shall be No, 6 unless othanvlee specif~ by the City Engineer. (2) Conduit shall be 3-inch galvanized steel with pullrope. Wheel clair raml:~ shalt bo installed on all lout cornera of inlorsection~ I:mr City Sandares or as directed by the City Engineer. f. Exisling City roads nKluiring construction ~l~ll remain ~ to t,a;ic at all times with .~/ adequate dinours ~urmg conmmcaon. A mrem cmum berma may be required. A cash refunded upon COlTq3Mtion of ~1o gofistruclJofi to ~ 8aIMIICIIOn of It~ City Enginoer. g. Concei~.iied clrlinage liones shall not c~ols sidewalk. Under sJbewalk clrains shall be ~ installed to City Standmas, excetX for single family lots. I~. Handi:ap acce.~ ran~ design sha, be u specified t)y the City Engineer. i. Sireel namee shall be approved by the C~ Planne~ iMor to submlltal for first ptan check. ~ , 5. Street impa~nenl plans per City Stan¢lan~ for all perale streets shall be provided lor review and aPlxovai by the City Engineer. Prior to any wo~ being perlotmed on the pri. vate streets, fees she~ ~ pak~ an~ construction pemd8 stml be c4)t~nocl from the C~/ Engineer'$ Office in addition to any other permits __ 6. Street trees. a minin~m of 1S-gallon size or larger. shall be installed per City Slanclar~s in __/ acoomance with the City's street tree I:,'ogram. 2/91 IOof 12 7. Intersection line of site clesigns shall I:)e reviewed by the City Engineer for conformance wrth = aclopted policy. a. On collector or larger streets. lines of sigl~ shall be ptot~m:l for all project intersections, inoluding driveways. Walls, signs, and slopes shell be located outside the lines of sight. Landscaping and other obstructions within the lines of sight shell be approved by the City Engineer. 13. Local residential street intersections shell have their noticeability improved, usually by moving the 2 +/. closest street trees on each sicJe away from the street and placed in a street tree easement. / / 8. A permit shell be olXained from CALTRANS for any wo~ within the following right-of-way: / / 9. All publlo improvements on the following streets shell be operationally complete prior to the issuance of building permits: / / N. Pul~11c Maintenance Art~l V/' 1. A separate set of landscape and Irrigation plans per Engineering Public Works Starxlards shall be submitted to the City Engineer for review and apl~ovel pdor to final map approval or issuance of building permits, whichever occurs firit. The following landscape pe~kways, meclians, peSeos, easements, trails, or other am~s are require(I to be annexed into the 2. A s~ne~ consent atto waiver ~om~ to Io0n and/orvorm the al~:~te Landscape and Lighting~'-~' / __ Districts shall be filed with the City Engineer p~orto final ~ aplxovalor issuance of building permits whichever occurs first. Formation colts shell be home by the developer. V'/' 3. AIIrequireCll=ul~iiclandacapingandirfigationsyllem$ Ihallbeconllnuo~Jsly .maintalned by the / , clevefoper until _ao~__pt~ by ~e City. ~ 4. Park~vay landscaping on the !oilowing street(s) sl~11 ~o~orm to the renuits of the respective Beautitication Mallet Plan: / / O. Drainage an~l Flmxl C~nlml 1. The project (or I~rlfone thereof) is Iocat~l within a Flood Hazarcl Zone; therefore. riooct protection mea,ures shall be ixovi~,<l a. ce~iti~cl by a tegillet~l Civil Engineer and ammv Engln r. 2. It shall be the developer's r~a~:mrm~lity to have the cun'et~ FIRM Zone ~s~nm~n ~ f~ t~ ~ area. ~ ~es ~ ~1 ~e aft n~essa~ ~, ~, ~ h~l~g~~ ~~. A ~~ Le~er of M~ ReHs~n (CL~R) s~ ~ ~i~ ~m FEMA ~ ~ f~ ~ ~al or ~sua~ ~ ~i~ ~s, ~r ~m ~. A LI~ M~ R~ (L~R) ~all ~ im~ by FEMA ~ ~ ~ ~ ~e~ ~a~, ~et ~m first. ~ 3. A fi~l drai~ llu~ s~U ~ ~ to a~ ~v~ ~ ~ C~ E~i~r ~r to final m~ ~v~ or t~ ~a~ of ~ ~ts, writer ~m timt. NI dmi~ge facilities shall be installed as required by the City Engineer. 2/91 11 or 12 4. A permit from the County Flood Control District is required for work within its r~gnt-ol-way. V~ 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. V~ 6. ubllc'~ ~,:,, ~l'~aa'lAeasements shal~C'Oe graded to convey overflows in the event of a blookage in a sump catch basin on the public street. P. Utilities V/ 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. / / / __/ / .__/ / V~ 2. The developer shall be responsible for the relocation of existing utilities as necessary. / / V~' 3. Water and sewer plans shall be designed and constructed to meet the requirements of the / / Cucamenga County Water District (CCWD), Rancho Cucamenga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required prior to final map ap13roval or issuance of parmits, whichever occurs first. Q. General Reclulrementa and Appmvala 1. The separate parcels contained within the project boundaries shall be legally combined into '~/ / one parcel prior to issuance of building parmits. 2. An easement for a joint use d~veway shall be provided prior to final map approval or / / issuance of building permits, whichever cocurs flint, for: 3. Prior to ap13roval of the final map a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Aasassment District among the newly created parcels. 4. Eftwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map apl:m~val or p~or to building permit issuance if no map is involved. / / / / 5. Permits shall be o~ainad from the following agencies lot wo~ wilttin their right-of-way: .~ / 6. A signed con~ent and waiver lon~ to join and/or form the Law Enforcement Community Facilitie~ District shall be filed with the City Engineer IXior to final map apl:xovai or the issuance of building parmits, whichever _oc~__,~ flint. Formation costs shall be home by the Developer. Prior tO finalization of any develapment p~ase, sufficient improvement plans shall be corn- plated beyond the I~aSe boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase beundahes shall co~eapond to lot lines shown on tha apl:)~oved tentative map. / / / / 2/91 12of 12 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE DESIGN REVIEW FOR TRACT NO. 15526, THE DESIGN REVIEW OF BUILDING ELEVATIONS AND DETAILED SITE PLAN FOR A TENTATIVE TRACT MAP CONSISTING OF 57 SINGLE FAMILY HOMES ON 7.86 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE TERRA VISTA PLANED COMMUNITY, LOCATED AT THE SOUTHWEST CORNER OF MOUNTAIN VIEW DRIVE AND MILLIKEN AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-091-36. A. Recitals. (i) Lewis Development Company has filed an application for the Design Review of Tract No. 15526 as described in the title of this Resolution. Hereinafter, the subject Design Review request is referred to as "the application." (ii) On September 8, 1993, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced meeting on September 8, 1993, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed design is in accord with the objectives of the Development Code and the Terra Vista Community Plan, and the purposes of the district in which the site is located; and (c) That the proposed design is in compliance with each of the applicable provisions of the Development Code and the Terra Vista Community Plan; and (d) That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. DR FOR TT 15526 - LEWIS September 8, 1993 Page 2 3. Based upon the findings and conclusions set forth in Paragraphs i and 2 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. Plannina Division: 1) The final design of the courtyard wall and privacy wall shall be subject to review and approval of the City Planner. The walls shall have a similar design, and the maximum height of the courtyard wall shall not exceed 3 feet 6 inches. 2) The belly bands shall stop no more than 6 inches above grade, and the area between the belly band and finished grade shall be painted to match the belly bands, subject to City Planner review and approval. 3) Dual glazing shall be provided for all windows to mitigate noise from adjacent properties, and all windows on the zero lot line side shall be fixed. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Co~aission held on the 8th day of September 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: '.~Ou7'~,~/- CoZ~uP__.A. O~c Those items checked are Conditions of Approval. Tr ^cr- APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Llmltl l~1. Approval shell expire, unless extended by the Planning Commission, it building permits are ---/ / not issued or approved use has not commenced within 24 months from the date of al:~roval. 2. Deveiopment/Design Review shall be approved prior to I / 3. Approval of Tentative Tract No. is granted subject to the approval of J / 4. The deveioper shell commence, participate in, and consummate or cause to be commenced, / / participated in, or consummated, a Melio-Roos Community Facilities District (CFD} for the Rancho Cucamonga Fire Prolscfion District to finance construction and/or maintenance of a fire station to serve the development. The station shall be located, designed, and built to all specitications of the Rancho Cucamonga Fire Protection District, and shall become the District's property upon completion. The equipment shall be selactsd by the District in accordance with its naede. In any building of a station, the deveioper shall comply with all applicable laws and regulations. The CFD shell be formed by the District and the developer by the time recordation of the final map _oc~__,re. Prior to recordation of the final ~ or the issuance of building permits, whichever comes first. the applicant shall consent to, or participate in, the establishment of a Melto-Roos Community Facilities Distdct for the construction and maintenance of naceasary school facilities. However, if any school district has previously established such a Community Facilities District, the applicant shall, in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the rscord~ion of the final map or the issuance of building permits, whichever comes first. Further, it the affected school district has not formed a Mello-Roos Community Facilities District within twelve months from the date of al~roval of the project ~ prior to the rscordation of the final map or issuance of building permits for said project, this condition shall be deerned null and void. __/ / SC - 2/9! ! This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all sc1',3ol impacts as a result of this project. 6o Prior to recordation of the final map or prior to issuance of building permits when no map is involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to lhe Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval inthe casa of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development ~ 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior matehals and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Specific Plan and Planned Community. / / 2. Prior to any use of the project site or business activity being commenced thereon, all ~ / Conditions of Approval shall be completed to the satisfaction ot the City Planner. 3. ~ccupancy~fthefaci~itysha~~notc~mmenceunti~such~imeasal~Unif~mtBui~c~ingc~cleand __./ / State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to issuance of building permits. ~ All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (sucfi as grading, tree removal, encroachment, building, etc.), or prior to final map approval in the case ol a custom lot 'sulxlivision, or approved use has commenced, whichever comes first. Approval of this request shall not waive com~lianco with all sections of the Development Code, all other al:~icabla City Ofclinancas, and rFplic-'-.'3 Community Plans or Specific Plans in effect at the time of Building Permit issuance. / / / / A detailed on-site lighting plan shall be reviewed and approvad by the City Planner and Sheriff's Department (989-6611) prior to the Issuance of building permits. Such plan shall indicate style, illumination, location, height, and mathod of shielding so as not to adversely affect adjacent properlies. 8. If no centralized trash racelXaclas are provided, all trash pick-up shall be tor individual units with all receptacles shielded from public view. / / Trash receptacle(s) are required and shall meat Cily standards. The final design, locations, and the number of trash racuplaclas shall be sut~act to C#y Planner review and approval prior to issuance of building permits. / I 10. All ground-mounted utility appurtenances such as transiormers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, barming, and/or landscaping to the satisfaction of the City Planner. ,~ ~ ~) SC-2/91 2 11. Street names shall be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 12. All building nurr~3ers and individual units shall be identified in a clear and concise manner, including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to beards of directors or homeowners' associations for amandmants to the CC&Rs. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be re(x)rded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs lirst. A recorded copy shall be provided to the City Engineer. 16. All pad<ways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof ot this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lit or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subclivislin which shall be recorded concurrently with the recordatldn of the final map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 18. The project contains a designated Historical Landmarie The site shall be developed and maintained in accordance with the Historic Landmark Alteration Permit No. · Any further modifications to the site including, ~ not limited to, exterior alterations and/or interior aiteratlins which affect the exterior of the buildings or structures, removal of landmark trees, demolition, reiccatlin, reconstruction of buildings or structures, or changes to the site, shalll require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building Design S~-2/91 An alternative energy system is required to provide domestic hot water for all dwelling units and for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equiveleht capac~ and afficlancy. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the 'msuance of building permits. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment su~ect to City Planner review and approval pdor to issuance ot building permits. 3 / / / / / / / / / / / / / / 3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits. All roof appurtenances, including air conditioners and other tool mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular Access (indicate details on bulkling plans) 1. All parking iot landscape islands shell heve a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellinge/units/buildinge with open spaces/ plazas/recreational uses. 3. All perking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers ff driveways are less than 18 feet in depth from becl( of sidewall<. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking ames. Plans for any security gates shell be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publicly maintained landscape arIII, reler to Section N.) ~'//1. A detailed landscape and irrigation plan, including siope planting and model home landscap- ing in the case of residential developmerit, shall be prepared by a licensed landscape architect and submitted for City Planner review and appmvai pdor to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Mu nicipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be presewed in ~ and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the aftx)rist's recommendations regarding preservation, transplanting and trimming methods. A minimum of trees per gross acre, comprised of the following sizes, shell be provided within the project: % - 48- inch box or larger, % - 36- inch box or larger, ~ % - 24- inch box or larger, % - 15.gailon, and % - 5 gallon.' 4. A minimum of .% of trees planted within the project shall be specimen size trees - 24-inch box or larger. __ 5. W'dhin parking lots, trees shell be planted at a rate of one 15-gulion tree for eve~/ three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. / / / / __/ / / / / / / / ._J / __/ / __/ / / / SC - 2/91 4 Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. Complcao~ / / v'/ 7. A~privates~pebanks5feet~r~essin~ertica~heightand~f5:1~rgreaters~pe~but~es~than / / 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. v'/ 8. AIIprivatesiopasinexcessofSfeet, butlessthan8 feet inverticalheightandof2:1orgreater / / slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. It. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one 5-ga~ion or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to ,/' 9. For single family residential development, all slope planting and irrigation shall be continu- ---/ / ously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied bytha buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by Ihe Planning Division to determine that they are in satisfactory 10. For muiti-family msidehtial and non-rasidential devek~ment, proPeW owners are respen- sible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from wee~s and debris and maintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. v'~ 11. Fronl yard landscaping shall be required per the Development Code and/or ~g'A~,~ ¥F,T~ ~q"'~ ~'(,,AN . This requirement shall be in addition to the required street trees and slope planting. ~ 12. The final design of the Perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be sul~ to City Planner review and approval and coordinated for consistency with any pa~way landscaping plan which may be required by the Engineering Division. 13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander- ing sidewalks (with hojtzontal c~ange), and intensified landscaping, is required along / 14. Landscaping and inigatidn systems required to be installed within tha public right-of-way on the parimeter of this project area sitall be continuously maintained by the developer. J 15. All walls shall be provided with decorative treatment. It located in public maintenance areas, the design shall be coordinated ~ the Enginserlng Division. 16. Tree maintenance criteria shall be developed and subretired for City Planner raview and / / approval prior to issuance of building Permits. These criteda shall encourage the natural growth ct~aracteristics of the selected tree species. ~17. Landscaping and irrigation styall be designed to consewe water through the principles of / / Xeriscape as defined in Chapler 19.16 of the Rancho Cucamonga Municipal Code. SC - 2/91 5 F. Signs The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and approval pdor to issuance of building parmits. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building parmits. G. Environmental v/ 4. The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crasher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a starxlard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to balow 45 CNEL, the building materials and constnJction tachniquas provided, and it appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. H. Other Agencies Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire Protaction District Standards. Emergency access shall be provided, maintenance free and clear, a minimum of 26 leet wide at all times during construction in e__~_n:lance with Rancho Cucarnonga Fire Protection District requirements. J'/ 4. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential cieveiopments shall provide a solid overhead structure for mail boxes with adequate lighting. The final iccation of the mail boxas and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. __/ / __/ / / / / / / / ._./ / / / / / __/ / sc- 2/9 ] o For projects using seplic tank facilities, wrmen cenification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building otr~clal prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. / / APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR C-~3MPLIANCE WITH THE FOLLOWING CONDITIONS: i. :~lte Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are ncl limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prior to issuance of building permits. J. Existing Structures __/ / / __J / K. Grading Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness of existing buildings. Existing buildings shall be made to comply with correct building and zoning regulations for the intended use or the building shall be demolished. Existing sewage disposal facilities shall be removed, fillad and/or capped to co,,,~iy with the Uniform Plumbing Code and Uniform Building Code. Undergmuncl on-site utilities are to be located and shown on building plans submitted for building parrnit application. Grading ol the subject property shall be in accordance with the Unitotto Building Code, City Grading Standards, and accepted grading practices. The linal grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of Calitomia to ~ 3. The development is located within the soil erosion control boundaries; a Soil Distm'oance Permit is required. Please contact San Bernardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such parmir shall be submitted to the City prior to the issuance o! rough grading parmir. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at / . the time of application for grading plan check. 5. The final grading plans shall be cornplated and a,oproved prior to issuance of building permits. / 2/9 ! 7 6. As a custom-lot subdivision, the following requirements shall be met: a. Surely shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Safely Division prior to final map approval and priorto the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safely Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for ciewatedng and protecting the subdivided properties, are to be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. do Final grading plans for each parcel are to be submitted to the Building and Safely Division for approval prior to issuance of building and grading permits. (This may be on an incremental or composite basis.) e. All slope banks in excess of 5 feet in vertical height shall be seedcol with native grasses or planted with ground cover for erosion control upon cornpletion of grading or some other altemative method of erosion control shall be comp~ed to the satisfaction of the Building Official. In addition a permanent irrigation system shall be provided. This requirement does not release the applicant/deveioper from compliance with the siope planting requirements of Section 17.08.040 1 of the Deveicpment Code. __/ / __/ / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (714) 989-18~2, FOR COMPLIANCE WITH THE FOLLOWING CONDI'riON$: ~E~ TE..I~T"RTI~/E TR. AC.T (..DI~biTI0kfS L. Din:ligation and Vehicular Acce~ 1. Rights-of-way and easements shell be dedicated to the City for all interior public streets, community trails, public passos, public landscape areas, street trees, and public drainage facilities as shown on the plans end/or tentative map. Privme easements for non-public facilities (c,-oss-iot clrainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): total feet on total feet on total feet on total feet on 3. An irrevocable offer of dedication for for all private streets or drives. / / -foot wide roadway easement shall be made _.J / / / 4. Non-vehicular access shall be dedicated to the City for the following streets: SC - 2/91 5. Reciprocal access easements shall be provided ensurtng access to all parcels by CC&Rs or by deeds and shall be recomed conourmntly with the map or pddr to the issuance of buiuing permit,, whe no ls voiv . / / September 8, 1993 Chairman and Members of Planning Commission 985 Rancho Cucamonga Planning Commission 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Environmental Assessment and Tentative Parcel Map No. 14457 Project No. 8812800.17 Ladies and Gentlemen: Due to a scheduling conflict, I am unable to attend tonight's Planning Commission Meeting in order to respond to any questions in regards to our request for a negative declaration in issuance of a Tentative Parcel Map No. 14457. However, after reviewing the staff report, staff recommendations, and conditions for approval, I find that we are in a position to accept all recommendations and conditions for approval. We agree that since the required public approvals will not be completed prior to approval of the final parcel map, an Improvement Certificate shall be placed upon the final parcel map staling that all required public improvements will be completed upon development for each parcel. Approval of our request will allow the selective and independent development of each parcel by the two separate entities involved with the current ownership. In conclusion, we kindly request and support the staff recommendation for approval, and we hope that this letter will compensate for my inability to attend tonight's meeting. __ LARR ~OLFF an of the Board / /LW:j/yw ,/8i2800x3.1tr cc: Dan James, Senior Civil Engineer, City of Rancho Cucamonga Dan Guerra, Principal, Civil Engineer, Derbish-Guerra & Associates, Inc. Vlrcjlnxci Deere Tower 10470 FootPt:11 Boulevcx~cl Rc~nch. o Cucc~momTa Cc~h/ornlc~ 91730-3754 {909) 907-0909 Fclx (909) 980-99150 DATE: TO: FROM: BY: SUBJECT: September 8, 1993 CITY OF RANCHO CUCAMONGA STAFF REPORT Chairman and Members of the Planning Commission Dan James, Senior Civil Engineer Betty A. Miller, Associate Engineer ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 14457 - WOLFF/LANG/CHRISTOPHER - A subdivision of 2.48 acres of land into 2 parcAs in the General Industrt~ District, Subarea 8 of the Industrial Specific Plan, located at the southeast corner of Arrow Route and Utica Avenue - APN: 209-144-84. Staff recomends issuance of a Negative Declaration. PROJECT AND SITE DESCRIPTION: A. Action Re§uested: Approval of the proposed Tentative Parcel Map as shown on Exhibit "B" B. Parcel Size: Parcel i 1.24 acres Parcel 2 1.24 acres Total 2.48 acres Existing Zoning: General Industrial, Subarea 8, Industrial Specific Plan Surrounding Land Use: North - Existing Industrial South - Vacant East - Vacant West - Vacant E. Surrounding General Plan and Development Code Designations: North - Industrial Park, Subarea 7 of Industri~ Specific ~an South - General Industrial, Subarea 8 of Industrial Specific nan East - General Industrt~, Subarea 8 of Industri~ Specific Plan West - Industrial Park, Subarea 6 of Industrial Specific Plan PLANNING COMMISSION STAFF REPORT PARCEL MAP 14457 - Wol ff/Lang/Christopher SEPTEMBER 8, 1993 PAGE 2 Site Characteristics: The site is vacant and ~opes to the south at two percent. Perimeter street improvements al ready exist on both Arrow Route and Utica Avenue, including drive approaches. There is a berm along the south property line. ANALYSIS: The purpose of this parc~ Map is to create two separate lots so the two property owners can pursue separate developments. ~l proposed easements and accesses are in conformance with previous maps approved on this site and the two parcels can function independen~y. ENVIRONMENTAL REVIEW: The applicant completed Part I of the Initial Study. Staff conducted a field investigation and completed Part II of the Initial Study. No adverse impacts upon the environment are anticipated as a result of this project. Therefore, issuance of Negative Declaration is appropriate. CORRESPONDENCE: Notices of Public Hearing have been sent to surrounding property owners and placed in the Inland Valley Daily Bulletin. Posting at the site has ~so been completed. RECOMMENDATION: It is recommended that the R anning Commission consider all input and elements of the Tentative Parc~ Map 14457. If after such consideration, the Commission can recommend approval, then the adoption of the attached Resolution and issuance of a Negative Declaration would be appropriate. Respectful 1 y submttted, Senior Civil Engineer DJ :BAM:dl w Attachments: Exhibit "A" - Vicinity Map Exhibit "B" - Tentative Map Resolution and Recommended Conditions of Approval 3RN3A~ RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP NUMBER 14457, LOCATED AT THE SOUTHEAST CORNER OF ARROW ROUTE AND UTICA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-144-84. WHEREAS, Tentative Parcel Map Number 14457, submitted by Wolff/Lang/Christopher, applicant, for the purpose of subdividing into two parcelsl, the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, identified as APN 209-144-84, located at the southeast corner of Arrow Route and Utica Avenue; and WHEREAS, on September 8, 1993, the Planning Commission held a duly advertised public hearing for the above-described map. NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS FOLLOWS: SECTION 1: That the following findings have been made: 1. That the map is consistent with the General Plan. 2. That the improvement of the proposed subdivision is consistent with the General Plan. 3. That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. SECTION 2: Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: 1. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. 2. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. PLANNING COMMISSION RESOLUTION NO. TENTATIVE PARCEL MAP 14457 - WOLFF/LANG/CHRISTOPHER September 8, 1993 Page 2 3. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. SECTION 3: Tentative Parcel Map Number 14457 is hereby approved subject to the attached Standard Conditions and the following Special Conditions: 1. Provide a sewer easement through Parcel 1 to serve Parcel 2, to the satisfaction of Cucamonga County Water District. APPROVED AND ADOPTED THIS 8TR DAY OF SEPTEMBER 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Bullet, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of September 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT September 8, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, Associate Planner ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 93-24 - SOUTHERN CALIFORNIA EDISON COMPANY - A request to construct an electrical substation in the Minimum Impact Heavy Industrial designation (Subarea 9) of the Industrial Area Specific Plan, located on the west side of Rochester Avenue, south of Arrow Route - APN: 229-111-18. PROJECT AND SITE DESCRIPTION: Surrounding Land Use and Zoning: North - Vacant; Industrial Area Specific Plan (ISP), General Industrial South - Vacant; Industrial Area Specific Plan, Minimu/n Impact Heavy Industrial East - Manufacturing/Warehouse Buildings; Industrial Area Specific Plan, General Industrial West - Manufacturing/Warehouse Buildings; Industrial Area Specific Plan, Minimum Impact Heavy Industrial General Plan Designations: Project Site - Heavy Industrial North - General Industrial South - Heavy Industrial East - General Industrial West Heavy Industrial Site Characteristics: The area of the proposed substation is a vacant portion at the southeast corner of the Schlosser Forge property. The area is being used as a stockpile area for dirt and rock removed from other portions of the site. The closest building to the proposed facility is located 490 feet to the north. ANALYSIS: General: With recent approvals for expansion and plans for future expansion, $chlosser Forge has found themselves in need of additional electric power that can not be provided by existing electrical lines. As a result, Schlosser Forge has been in discussion with Southern California Edison (SCE) about constructing a substation on their site. Through these discussions, a vacant portion of Schlosser Forge's property has been selected for the substation location. The 35- by 72-foot enclosure is proposed at the southeast corner of the property, 45 feet from Rochester Avenue. The enclosure is designed with an 8-foot high chain link fence and a 5-foot landscaped area around the enclosure. The setback area between the enclosure and the Rochester Avenue curb is landscaped with turf and street trees. ITm~l D PLANNING CO~4ISSION STAFF REPORT CUP 93-24 - SOUTHE~ CALIFORNIA EDISON September 8, 1993 Page 2 Design Review Committee: On August 31, 1993, the Design Review Co~nittee (Melcher, Vallette, Coleman) reviewed the proposal and recommended approval subject to the following conditions: The north, south, and east sides of the enclosure should be constructed out of a slump block to match the existing walls on-site. The Oleander shrubs should be replaced with other large shrubs and vines, acceptable to the City Planner, to discourage graffiti. 3. Mulch should be installed in the landscape area. 4. Small trees should be installed on the east side of the enclosure. Technical Review Committee: In reviewing the application, the Co~ittee noted that the construction of the substation will require the installation of 66 KV lines from the corner of Arrow Route and Rochester Avenue to the site. While the current undergrounding policy does not address new 66 KV lines, staff believes every effort should be made to make the new lines as unobtrusive as possible. Therefore, the Co~ittee is recommending that, if the lines are to be installed overhead, the poles to be used should be the "state-of-the-art" steel poles. The Committee believes the steel poles are more aesthetically pleasing than the traditional wood poles and the requirement of the steel poles is consistent with the Planning Commission's efforts to upgrade the City at every opportunity. Environmental Assessment: In completing the Initial Study, staff has determined that the application will not have a significant impact on the environment. If the Planning Co~ission concurs, a Negative Declaration should be issued for the project. RECO~9~ENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit 93-24 through adoption of the attached Resolution of Approval and issuance of a Negative Declaration. Re~ully submitted, City Planner BB:SM:mlg Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Plan Exhibit "C" - Plot Plan Exhibit "D" - Elevations Resolution of Approval ARROW ItOU~ EXIST PA~K ING EXISTING DR IVEWAY _+490 ' PROPOSED DIRT--~, ACCESS ROAD (s~ ~l~ PL~) PROPOSED SUBSTAT ION LOCAT ON PROPERTY L I1~ /~'0'~ ¢5'0" / _~ Project: ~,~' AMONGA Title: CITY OF R P~I~ON ~ Exhibit: TRANSFO:~MER ,,' o 'SW ITCHRACK EXISTING TREES ~,-~ Project: ~',,~ ¢-~" OF R Title: CITY PLAi~, i~~'~NMONGA ~])~E~.xhibit: RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-24, A REQUEST TO CONSTRUCT AN ELECTRICAL SUBSTATION IN THE MINIMUM IMPACT HEAVY INDUSTRIAL DESIGNATION (SUBAREA 9) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ROCHESTER AVENUE, SOUTH OF ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-111-18. A. Recitals. (i) Southern California Edison Company has filed an application for the issuance of Conditional Use Permit No. 93-24, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (ii) On the 8th day of September 1993, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on September 8, 1993, including written and oral staff reports, together with public testimony, this Co~niss£on hereby specifically finds as follows: (a) The application applies to property located on the south side of Rochester Avenue, south of Arrow Route with a street frontage of 800 feet along Arrow Route and 600 feet along Rochester Avenue and is presently developed with manufacturing buildings; and (b) The properties to the north and south of the subject site are designated for industrial uses and are vacant. The properties to the east and west are designated for industrial uses and are developed with manufacturing buildings; and (c) The development of the electrical substation is consistent with the Minimum Impact Heavy Industrial designation of the Industrial Area Specific Plan and the Heavy Industrial designation of the General Plan; and PLANNING COMMISSION RESOLUTION NO. CUP 93-24 - $CE September 8, 1993 Page 2 (d) The application, with the attached conditions of approval, will comply with all applicable standards of the Industrial Area Specific Plan. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: (a) That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA Guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. occur. (b) That no significant adverse environmental effects will (c) Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and the Negative Declaration for this project, there is no evidence that the proposed project will have the potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. CUP 93-24 - SCE September 8, 1993 Page 3 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. Planninq Division 1) The north, south, and east sides of the enclosure shall be constructed of a slump block to match the existing walls. The final plans shall be reviewed and approved by the City Planner prior to the issuance of building permits. 2) The landscaping around the enclosure shall be reviewed and approved by the City Planner prior to the issuance of building permits. Landscape materials shall include, but are not limited to, large shrubs, vines, small trees, and mulch. 3) Any overhead 66 KV lines shall be installed on the steel "state-of-the-art" poles. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of September 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT #: ~./t/'b/~/~.4~ ///~' ,.,~_;~',~//' Q- ~ SUBJECT: ,~'Z~..~',~.~',,~Z L.~F~',~/~3,'V' APPLICANT: ~/_~/-~_~?'~/ ~/~ ~/~ ~. ~ose items c~ ~ ~E~ of ~v~. APPLICANT SHALL CONTACT THE PLANNING DNISION, (714) 9~0-1861, FOR COMPUANCE WITH THE FOLLOWING CONDrrlONS: A. Time Umltl co,~.. Dm '/' 1. Approval shall expire, unless extenped by the Planning Commission, if building permits are --J / not issued or approved use has not commenced wiffiin 24 months from the date of approval. 2. Devetopment/Design Review shell be aPl:Xoved prior to I I ..._/ / 3. Approval of Tentative Tract No. is granted subject to the aPlxoval of __./ / 4. The deveioper shall commence, pertioipate in, and consummate or cause to be commenced, pafiicipeted in, or consummated, a Malio-Roo8 Commurdy Facilities District (CFD) for the Rancho Cucamonga Fire Profeofton Dimfict to finance con~RK:tlon and/or maintenance of a fire station to serve the devalopmom. The station shall be located, designed, and built to all specifications of the Rancho Cur, anunga Fire Protection District, and shall become the Districts propeffy upon compiatfon. The equipment shall be selected by the District in accordance wtlh its need~. In afi¥ building of a atatiofi. the developer shall compiy with all aliicable laws and regulations. The CFD shall be formed by the Diat~ct and the developer by the time rscordati~n of the final ~ 5. Prfor to recordation of the finalrnapocthe issuance of buiiding permits, whichever comes / / first, the appiicant shall conserf to, or participate in, the astablishmont of a Mello-Roos Community Facilities Distrk:t for the conatmction and malfiMnanco of necessary school facilities. However, if any school district haS ~eviously oatal3ashed ~ucll a Community Facilities District, the al~nt shall, in the alternative, consent to the annexation of the project site into the territory of such existing Distrk=t prior to the rscordati~t of the final map or the issuance of building permits, whichever comes firet. Further, if the affected school district has not formed a Melio-Roos Community Facilities District within twelve months from the date of approval of the project and prior to the recordation of the !inal map or issuance of building permits for saJ¢l project, this condition shall be deernod null and void. SC - 2/91 I This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all school impacts as a result of this project. 6. Prior to recordation of the final map or prior to issuance of building permits when no map is/ / involved, written certification from the affected water district that adeduate sewer and water facilities are or will be available to serve the p~oposad project shell be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Developmen~ '// 1. The site shall be developed and maintained in accordance with the approved plans which .. / / include site plans, architectural elevations, exterior mmert~s ~ colors, landecaping, si~n pro, ram, and grading on file In the Pian.ning Divleion, the conditions cor~lned herein, Developmere Code regulations, and //v,~/~,,~/,~ ~ Specific Plan and Planned Commune. / 2. Prior to any use of the project site or business activity being commenced thereon, all I / Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facility shall nof commence until such time as all Uniform Building Code andI / State Fire Marshalrs regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection Dletrict end the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to 4. Revised site plans and building elevations incoq~orating all Conditions of Approval shall be ~ / submi~ed for C~ Planner review and apl:~'oval prior to i~um~ce of building parmits. All site, grading, landscape, Inigation, and street imlxovemem plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or prior to final map approval in the case of a cu~om lot subclivision, or approved use has commenced, whichever comes first. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordln~ncas, and arpl!: LIz Con'~nunily Plane or Spe~ic Plans in effect at the time of Building Permit A detailed on-site lighting ~ shall be reviewed ~d apl:~oved by the City Planner and Sheriff's Depam'nem (9~9..~11) prior Io the issuance of building pem-~i~. Such plan shall indicate style, illumination, Ioc~n, height, and method of shialding so as not to adversely affect adjacent pmpenias. / / 8. If no centralized trash recel~actes are IXovided, all trash pick-up shall be for individual units with all receptacles ~iak:led from pul~c view. / / Trash receptecie(s) are required and shall meet City standards. The final design, locations, · and the number of trash receptecM~ shall be sul:)ject to C, WJ Planner review and apl:xoval prior to issuance of building permits. / / SC-2/9] 10. All ground-mounted utillly appurtenances such as transformers, AC condensers, etc., shall be located out o! public view and adequately screened through the use of a combination of concrete or masons/walls, berming, and/or landscaping to the satisfaction of the City Planner. :~)~ 2 C.,om~e~ D.~: 11. Street names shall be submitted for City Planner review and approval in accordance with __j /. the adopied Street Naming Policy prior to aPl~roval of the final map. 12. All building numbers and individual units shall be identitied in a clear and concise manner, _..J / including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and alexOval priorto approval and recomation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. __/ / 14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine ___/ animals where zoning requirements torthe keaping of said animals have been mat. Individual lot ownere in sulxlivlsions shall have the OlXion of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, conditions, and Restrictions (CC&Rs) and Articles of Incoqx)ratldn of the Horneowners' Association are sub~ect to the ap13mvai of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whiottever ocours first. A recorded co13y shall be provided to the City Engineer. / / 16. All parkways, open areas, and landscaping shall be permanently maintained bythe property owner, homeowners* association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. __/ / 17. Solar access easements shall be dedicated for the puq~sa of assuming that each lot or dwelling unit shall have the right to receive sunlight across edlacent iota or units for use of a solar energy system. The easemen~ may be contained ~ a Declaration of Restrictions for the sulxlivlsion which shall be recorded concurrently with the recorclation of the Ilrml map or issuance of pentilts, whichever comes first. The easemen~ shall prohibit the casting of shadows by vegetation, stmcturee, fixtures or any other object, excepl for utility wires and similar objects, pursuant to Development Code Section 17.08.080-G-2. 18. The project contains a designated Hlato~cai Landmark. The site shall be developed and maintained in accordance with the Historic Landmark Meration Permit No. · Any further modifications to the site including, ~ ncl limited to, exterior alterations and/or intedor alterations which affect the exterior of the buildings or structures, ramoval of landmark trees, demolition, reiocation, reoonstruction of buildings or structures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Prese~vatfon Co--ion review and approval. C. Building Design An alternative energy system is required to provide domestic hot water for all dwelling units and lot heating any swimming pool or apa, unless other alternative energy systems are demonstrated fo be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be suPl~klmented witfi ~olar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. .2. SC-2/91 All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment sul~ect to City Planner review and approval prior to issuance of building permits. / / Standard patio cover plans for use by the Homeowners' Association shall be submitted tor City Planner and Building Official review and approval prior to issuance of building perroits, _..J, / 4. All roof al~urtenances, including air conditioners and other roof mounted equipment and/or .__/ / projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be amhltecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shell be included in building plans. D. Parking and Vehioular Am (Indicate datall~ on building INane) 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall ___/ / contain a 12-inch walk adjacent to the parking stall (including cu~). 2. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/ plazas/recreational uses. 3. All parking spaces shall be double striped per City standards and all driveway aisles, ~ / entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers it driveways are less than 18 !eat in depth from bac~ of sidewalk. / / 5. The Covenants, Conditions and Restrictions shell restrict the storage of recreational vehicles on this site unless they are the principal source of transl:x~tation for the owner and prohibit parking on imerior circulation aisles other than in designated visitor pa~ng ames. / / ~ 6. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance ot building permits. / / E. ~ndscapln~ (fi3~ pu~#c~ aatalln~l i~ m, W m ~ N.) ,/ ,/ 1. A detailed landscape and irrigation plan, including sl~e planting and model home landscap- ing in the case of residential deveiolxnant, shall be prepared by a licensed landscape architect and submitted for City Planner review amlapprovM palotto theissuance of building permits or pdor final map apl;eoval in the case of a custom lot aaJIxiivtNon. 2. Existing trees required to be preserved in pla~ shall be ;:~otacted with a ~3natmotion barrier in · _,~_ _ rdance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those tre~ to be preeewed in ~ and new locations for transplanted trees shall be shown on the detailed landscape plan~. The ~ shall follow all of the mbofist's recommend~ regarding presewation, tran~planting and trimming methods. A minimum of trees per gross acre, comprised of the following sizes, shall be provided within the project: % - 48- inch box or la~er, %- 36- Inch box or larger, % - 24- inch box or larger, % - 15-gallon, and % - S gallon: 4. A minimum of .% of tr~s planted within the project shall be specimen size trees - 24-inch box or larger. / / __ 5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for eve~/ three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. / / SC - 2/9l o l'reee shall be planted in areas of publie view adjacent to and along structures at a rate of one tree per 30 linear feet of building. All private slope banks $ feet or less in vertical heighl and of 5:1 or greater slope, but less than 2:1 slope, Shall be, at minimum, inigated and landscaped with appropriate ground cover for erosion control. Slope ~antlng required by this section shall include a peri. anent irrigation system to be installed by the developer prior to occupancy. All private slopes in excess of 5 feet, but less roans feet in vertical height and of 2:1 or greater slope shall be landeca,oed and irrigated for erosion control and to soften their appearance as follows: one 15-galion or larger size tree per eacll 150 sq. if. of slope area, 1 -gallon or larger size shrub per each 100 sq. ft. of slope area, and al:~ropdate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one 5-galldn or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shell be planted in staggered clusters to soften and vmy slol~ plane. Slope planting required by this section shall include a permanent irrigation system to be Installed by the developar prior to For single family residential development, all slope planling and irrigation shall be continu- ously maintained in a healthy and mmmg concation by me developer umil each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to datarmine that they are in satistactory / / / /,, / / __/ / 10. For multi-family resldehtlal and nomreeldehtial development, propeW owners are respen- sible for the continual m~ntenance of all land~..aped areas on-site, as well as contiguous planted areas within me public dgN-of-way. All landemlped areas sheit be kelX free from weeds and debris and maintained in a healthy and thriving condition, and shall racebe regular pruning, fertilizing. mowing, and trimming. Any damaged. deed. diseased, or decaying plant material shall be replaced within 30 days from the data of clamage. 11. Front yard landscaping shell be required per the Deveiclxnent Code and/or · This requirement shell be in addition to the required street trees and slope planting. / / 12. The final design of the perimeter parl~vays, w~lls, land~blng, and sidewalks shall be included in the required larx:lacape plans and shill be subject to City Planner review and approval and coo~linated for consistency wl~ any padevay lan~ing plan which may be required by the Engineering Division. 13. Special landscape feetufas ~ch as mouncling, alluvial rock, specimen size trees, meander- -~/ . ing sldewalk~ (w~ horizontal change), and inlensitled land!: ~r'.ng, i~ requked along / / 14. Landscaping and in~gation ~ystem~ required to be installed within the pul~c right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 15. All walls shell be provided with decorative treatmeN. If located in public maintenance areas, the design shall be coo~inated with ttw Engineering Division. 16. Tree maintenance criteria shell be developed and submated tot City Planner review and ap~,oval prior to issuance of building permits. These cdteda shall encourage the natural growth characteristics of the selected tree species. 17. Landacaping and irrigation ~all be designed to consewe water through the principles of Xeriscape as defined in ChalXer 19.16 of the Rancho Cucamonga Mun'~pal Code. SC - 2/91 F. $ign~ The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and approval pdor to issuance of building parmits. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. G. Environmental The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, pdor to accepting a cash deposit on any properly. The developer shall provide each prospective buyer wdtten notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall he submitted for City Planner review and apgxTwal prior to the issuance of building permits. The final report shall discuss the level of interior noise attanuation to below 45 CNEL, the building matehals and construction techniquas provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final refx)rt. H. Other Agencle~ 1.. Emergency secondary _Lv_;,~e__ ss shall be provided in a __rc~_rdance with Rancho Cucamonga Fire Protection District Standa.:~. Emergency access shall be Ixovided, maintenance free argl clear, a mirdmum of 26 test wide at all timas during construction in a(x~ordance with Rancho Cucamonga Fire Protection District requirements. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for fire protection is available, pending cornplation of required fire protection system. The applicant shall contact the U.S. Postal Service to detem~ine the Kopmpdate type and location of mail boxes. Multi-family rasldenfial developments shall provide a solid overhead structure for mail boxas with adequate lighting. The final location of the mall boxes and the design of lha overtmad stnJofure shall be subject to City Planner review and al:N)foval prior to the issuance of building permits. Pmicct No. :~'~---~" Com~=~on Dam: / / / / / / / / / / __/ / / / / / / / / / SC - 2/9t For projects using septic tank facilities, written certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and sulxnittecl to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. 6 Comecon Da~: APPLICANTS SHALl. CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR COMPUANCE WITH THE FOLLOWING CONDITIONS: I. Site Development 1. The applicant shell comply with the latest adopted Uniform Building Code, Unitotto Mechani- cal Code, Uniform Plurrd31ng Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Builcilng and Safety Division for copies of the Code Adoption Ordinance and Prior to issuance of building permits for a new residential dwelling unif(s) or major addition to existing unit(s), the applicant shah pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Ghecidng Fees, and School Fees. Prior to issuance of building dermits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development tees at the estedlishad rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Street addresses shall be provk:kK] by the Building Official, aftor tract/parcel rr~o recordation and prior to issuance of building pamdt~. J. Existing Slructull~ 1. Provide compliance with the Un#orm Building Code for the propeW line clearances considering use, ara~, and fire..resistiveness of existing buildings. 2. Existing buMings shall be made to comply w~h ~ buMlng ~ zoning regulations for the intended u~e or the building shall be dernclished. 3. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with the Uniform Plumbing Code and Uniform Bulkling Code. v/ 4. Underground on-s#e utililie~ am to be kxmtad and shown on bulkling plans submitted for building perme application. ___/ / / / __/ / ._../ / / / K. Grading '/ 1. ,/ SC - 2/91 Grading of the sub~ct property $1~1 be in --av~,rcMnco w#h the Unifomt Building Code, City Grading Starxl~gll, and I=~IM grMing prlcltcol. The final gracing ~ shall be in 2. A soils rapoff shall be prepared by a quaillied engineer llcermed by the State of California to perform such work. 3. The development is located within the soil erosion control boundarMs; a Soil Oistud3ance Permit is reduirad. Pieale contact San B~marclion County DIp ~ l~,~lnl of AgrCulure at (714) 387-2111 for perre# application. Documefitafion of luch perrn# shall be submitted to the City · prior to the issuance of ~ gracling permit. 4. A geological report shall be prepared by a qualified engineer or geoiogist and submitted at the time of ap!~licatlon for gracilng plan chick. 5. The final grading plans shall be completed and approved prior to issuance of building permits. / / / / ./ / ._./ / / / DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT September 8, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, Associate Planner ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 13796 LEWIS DEVELOPMENT - A residential subdivision and design review of 111 condominium units on 7.92 acres of land in the Medium Residential designation (8-14 dwelling units per acre) of the Terra Vista Planned Community, located on the south side of Mountain View Drive, east of Milliken Avenue - APN: 227-151-32. PROJECT AND SITE DESCRIPTION: A. Project Density: 14 dwelling units per acre. Surrounding Land Use and Zoning: North - Vacant; Terra Vista Planned Community, Low-Medium Residential (4-8 dwelling units per acre) South - Vacant; Terra Vista Planned Community, Medium-High Residential (14-24 dwelling units per acre) East - Single Family detached houses; Terra Vista Planned Community, Low-Medium Residential (4-8 dwelling units per acre) West - Apartments; Terra Vista Planned Community, Medium Residential (8-14 dwelling units per acre) General Plan Designations: Project Site - Low-Medium Residential (4-8 dwelling units per acre) North - Low-Medium Residential (4-8 dwelling units per acre) South - Low-Medium (4-8 dwelling units per acre) and Medium dwelling units per acre) Residential East - Low-Medium Residential (4-8 dwelling units per acre) West - Low-Medium Residential (4-8 dwelling units per acre) (8-14 Site Characteristics: The site is presently vacant with an average slope of 2 percent from north to south. The site is bordered on the north by Mountain View Drive, on the south by the proposed East Greenway Trail, on the east by the Rosecrest single family detached project, and an apartment project on the west side. IT~ E PLANNING CO~ISSION STAFF REPORT TT 13796 - LEWIS DEVELOPMENT September 8, 1993 Page 2 F. Parking Calculations: Number of Number of Type Number Parking Spaces Spaces of Use of Units Ratio Required Provided 2-Bedroom 37 1.8 spaces/unit 66 66 3-Bedroom 74 2 spaces/unit 148 148 Guest 111 .25 spaces/unit 28 28 242 242 ANALYSIS: General: The applicant is proposing to develop 111 condominium units ranging in size from 1,015 to 1,303 square feet in area. The units are a combination of townhome units and stacked flats. The units will have direct access to one- or two-car garages. Design Review Committee: The project was originally reviewed by the Design Review Committee (Melcher, Vallette, Coleman) on March 2, 1993. At that time, the Committee's major concerns centered on the transition of density frc~ the single family residences to the east and the width of the trail along the east boundary. The Committee recommended that the full Planning Co~ission Review these issues. On March 10, 1993, the Planning Commission conducted a workshop on the application. After much discussion on the project, the Commission recomended that the plans be revised as follows: The transition of density was acceptable as submitted. 2. Landscaping should be provided within the rear yards of those units backing onto the trail. 3. Intensified landscaping should be provided at wrought iron fencing locations along the trail. The revised site plan provided by the applicant at the meeting reversing the central area design was acceptable subject to the re- orientation of the southwesterly building to open up the central area. 5. A focal element should be provided at the main entry. 6. The detached garage structures should have a hip roof design. On August 3, 1993, the Design Review Committee (Melcher, Tolstoy, Coleman) reviewed the revised plans. The Committee recommended approval subject to a condition requiring the installation of a wrought iron fence between Buildings 20 and 21 to prohibit people from cutting through the landscape area. PLANNING COMMISSION STAFF REPORT TT 137!)6 - LEWIS DEVELOPMENT Septe~)er 8, 1993 Page 3 Environmental Assessment: Staff has completed the Initial Study and found no significant environmental impacts as a result of the project. If the Planning Cormnission concurs, issuance of Negative Declaration would be appropriate. RECO~V~DATION: Staff recommends that the Planning Commission approve Tentative Tract 13796 through adoption of the attached Resolution and issuance of a Negative Declaration. Brad Buller City Planner BB:SM:s~ Attachments: Exhibit "A" - Exhibit "B" - Exhibit "C" - Exhibit "D" - Exhibit "E" - Exhibit "F" - Exhibit "G" - Exhibit "H" - Exhibit "I" - Exhibit "J" - Resolution of Area Development Plan Site Utilization Plan Tentative Tract Map Site Plan Open Space/Park Credit Plan Grading Plan Landscape Plan Entry Details Building Elevations Planning Co~nission Workshop Minutes Approval for Tentative Tract 13796 Resolution of Approval for Design Review for Tentative Tract 13796 yJ,~I/~ Y~J V.l.~J~ VI=G4:~ I dVl~l J.OY'd,.L qAJJ.Y.I.N:~I. /, ! E I- E ! ! CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Adjourned Meeting March 10, 1993 Chairman McNiel called the Adjourned Meeting of the City of Rancho Cucamonga Planning Commission to order at 8:50 p.m. The meeting was held in the De Anza Room at the Rancho Cucamonga Civic Center, Cucamonga, California. ROLL CA~.T. COMMISSIONERS: PRESENT 10500 Civic Center Drive, Rancho Suzanne Chitiea, Larry McNiel, John Melcher, Peter Tolstoy, Wendy Valletee ABSENT: None STAFF PRESENT: Brad Bullet, City Planner; Dan Coleman, Principal Planner; Dan Ja~s, Senior Civil Engineer; Scott Murphy, Associate Planner. TENTATIVE TRACT 13796 - LEWIS DEVELOPN~NT CO, ANY - A residential subdivision and design review of 111 condominium units on 7.92 acres of land in the Medium Residential designation (8-14 dwelling units per acre) of the Terra Vista Planned Community, located on the south side of Mountain View Drive, east of Milliken Avenue - APN: 227-151-32. Brad Bullet, City Planner, provided an opening statement as to the reason the workshop was being conducted. Scott Murphy, Associate Planner, presented the staff repoL~c outlining the issues for the C ..... Lss£on's d£scussion. Clark Butts, Architect, presented slides and photographs of 8n existing project utilizing the same product type. Co~nissioner Melcher began the Coem£ssion cc,,~qnts by stating his opinion on the discussion £temo. He felt the transition of density between the proposed project and the existing project to the lair Wal adequate. He OblerVed the proposed project was within the density parameters allowed by the zone. He noted · tra£1 was being provided between the two pro~ects. He felt the 14 multi-fmn£1y units along the east prope~y boundary wes compatible with the 10 s£ngle family units. He believed the trail could he designed within the 15-foot width and he did not want to ~eopordize the City w£th potential payuent for park land if &ddit£onal ded£cation was required. He agreed with Commissioner Vellette's c-~--~nt at the Design Review Co~mittee meeting that focal pc,£nts were needed at the project entries. He suggested the interior units be, revised and the east driveway bec~me the main entry. He suggested that the, central open space area would he stronger if bu£1d£ng 17 was re- oriented to maintain the open space flow to the south. Commissioner Halchar commented that the slides and photographs provided by thm architect sold him on the project because he felt the renderings were weak representations. He stated the one remaining issue he had was the heav~ proportions of the dormers, both hip and gable ends, along the drive aisle. Commissioner Valletee reinaerated her concerns raised at the Design Review Committee meeting. She felt that the site plan was very cramped and the applicant should consider using 3-story buildings within the western portion of the site. She thought this would help relieve her concerns with the transition between the proposal and the existing single family homes and help open up the site plan. She felt the trail along the east side should be widened to assist the transitions because she did not think the 49-foot separation between the single family and multi-family units is adequate. With respect to the architecture, Ms. Valletee felt that the two-tone stucco color detracts from the building. She suggested that the roof element of the units and the garages be more articulated. She thought the gates at the couPyard entries should be eliminated and the courtyards should be wider. Chairman McNlel opened the hearing for discussion. Wary Cocksoft, Lewis Ho~es, responded to the Commissioners' consents. He noted that the scale of the multi-family units was no different than the two- story single family units. He said there are single-story elements on the multi-family units to break up the maes of the buildings. He commented that the number of units had been minimized along the east boundary and single- story garages have been introduced to provide a transition between the projects. Don Thompson, Lewis Homes, noted that the parcel in question is not a square shape, thereby making m density transition difficult with the lnflll project. Chairman McNiel commented that the £nfill situation was created by Lewis Homes' construction of the projects on either side of the proposal. CommllliOner Tolltoy letted that the density tranlition was an awkward situation that will create an awkward laXuriah. He suggested that park land be eliminated to create a wide= trail to assist the density transition. He was not concerned about the trane£Cion beams mult£-feily projects but felt that greater eenmitivity was needed between mingle-family and multi-family projects. Commissioner Chitlee commented that m 20-foot trail would be preferable but not at the expense of the City. Chairman McNlel questioned what was happening within the rear yards of the proposal. Tom Dellaquila, Lewis Homes, etated that nothing was or£ginall¥ proposed; however, Lewis Homes would be willing to offer a landscape package for the patio areas. Planning C~.-..ismion Mlnutel -2- March 10, 1993 Chairman McNiel asked if the wall along the east boundary could be designed using wrought iron with pilasters or a 3-foot solid wall with 3 feet of wrought iron. Mr. Dell·quill explained that wrought iron is used in all areas except along the rear yardi of units where a iolid wall Ii proposed. He noted the longest stretch of solid wall is roughly 100 feet. Mr. Cockreft added that the wall will be 6 feet in height. Commissioner Chitlea asked if the trail will be landscaped. Mr. Dell·quill responded in the affirmative. He noted that lame changes have occurred with irrigation techniquel and plant material since the original trail initall·riehl relulting in a better delign with low maintenance. Mr. Bullet comuented that a majority of the Commission appeared to favor widening the trail provided the City is not in a position of having to pay the applicant for the land. Chairman McNlel felt that the building relationlhlp wal acceptable but he was itill concerned about the development agr~nt. Commissioner Chitlea suggelted that the rear yardi/patios be landscaped, including vinel on the solid wall. Commissioner Tolstoy expresled concern about propoL~cy owner maintenance of the landlcaping. Mr. Bullet agreed with Co~mlllioner Chitlea on landscaping the patio area. He recommended that landscaping be concentrated in the wrought iron areal. He also luggeared a standard patio trellil delign be created for the project and Pollibly conltructed along the salt boundary. After considering the ilsuss surrounding the trail width, a majority of the C_o~m__illion felt the trail width, al propsled, wal accel~cable Is long al intensified landscaping wal provided at wrought iron f~nce locat£onl, rear yard/patio landlcaping wal provided for thole unitl along the lilt boundary, and some variation wal provided in the fence/wall placement to break up the straight line. Mr. Cockreft presented a raviaed lite plan to the C~--~llionerl. Con~nialioner Molcher felt that the orientation of the buildingl was not al good &l the original mubenittal. He thought the central open mpacm mtlll mtopped abruptly. COmmimmionmr Chitim& felt that turning the unit midow&ym prov£ded variation and relief to the drive aimlm. Commielioner Valletie agreed. Planning ~saion Manurea -3- March 10, 1993 ,, A majority of the Commission felt the applicant should consider re-orienting the building. Mr. Cockreft suggested the building might be skewed and the landscaping enhanced. Commissioner Vailerrs requested that a focal element be provided at the entry. She suggested raised planters might be used. Mr. Dellaquila indicated he would and agreed to provide a sketch for the Commission. Mr. Cockreft noted that stucco trim will be provided on the units and the gates across the entries have been eliminated. He presented reviled elevations depicting the changes. Commissioners Chitlea and Valletie agreed the two-tone color scheme should be eliminated. Mr. Cockreft stated that the ch4mney caps lhow~ ~ay not be Ulld. He said they are working with the manufacturer on an acceptable design. Mr. Bullet suggested the garage buildings receive a hip roof instead of a gable roof. The Commillionerl agreed. Mr. Murphy recommended the applicant revise the plans and resuk~it them for Design Review Comittel conlideration. AnJOURNMENT The meeting was adjourned at 10~15 p.m. Respectfully submitted, _ Brad Bullet Secretary Planning Co---£ssion Minutes -4- March 10, 1993 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 13796, A RESIDENTIAL SUBDIVISION OF 111 CONDOMINIUM UNITS ON 7.92 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DESIGNATION (8-14 DWELLING UNITS PER ACRE) OF THE TERRA VISTA PLANNED COMMUNITY, LOCATED ON THE SOUTH SIDE OF MOUNTAIN VIEW DRIVE, EAST OF MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-32. A. Recitals. (i) Lewis Development Company has filed an application for the approval of Tentative Tract Map No. 13796 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." (ii) On the 8th day of September 1993, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on September 8, 1993, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located on the south side of Mountain View Drive, east of Milliken Avenue, with a street frontage of 500 feet and lot depth of 770 feet and is presently vacant; and (b) The property to the north of the subject site is designated for residential uses and is vacant. The property to the south of that site is designated for park/trail and residential uses and is vacant. The property to the east is designated for residential uses and is developed with single family detached residences. The property to the west is designated for residential uses and is developed with apartments; and (c) The development of the condominiums are consistent with the Medium Residential designation of the Terra Vista Planned Community and the Low-Medium Residential designation of the General Plan; and PLANNING COMMISSION RESOLUTION NO. TT 13796 - LEWIS DEVELOPMENT September 8, 1993 Page 2 (d) The application, with the attached conditions of approval, will comply with all applicable standards of the Development Code. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That tentative tract is consistent with the General Plan, Development Code, and specific plans; and (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; and (c) The site is physically suitable for the type of development proposed; and (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and (e) The tentative tract is not likely to cause serious public health problems; and (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: (a) That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA Guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. (b) That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. (c) Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and the · Negative Declaration for this project, there is no evidence that the proposed project will have the potential for an adverse impact upon wildlife resources PLANNING COMMISSION RESOLUTION NO. TT 13796 - LEWIS DEVELOPMENT September 8, 1993 Page 3 or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraph 1, 2, 3, and 4 above, this Commission 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. Plannin~ 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 Bernardino; and (2) any and all required filing fees assessed pursuant to California Fish and Game Code Section 711.4, together with any required handling charges, are paid to the County Clerk of the County of San Bernardino. The applicant shall provide the Planning Department with a stamped and conformed copy of the NOD together with a receipt showing that all fees have been paid. In the event this application is determined exempt from such filing fees pursuant to the provisions of the California Fish and Game Code, or the guidelines promulgated thereunder, except for payment of any required handling charge for filing a Certificate of Fee Exemption, this condition shall be deemed null and void. 2) The project shall comply with the Park Implementation Plan of the Terra Vista Planned Community. En~ineerin~ Division 1) The centerline of the western driveway and the centerline of "future drive" on the north side of Mountain View Drive shall align. 2) To minimize the possibility of overflow to the PLANNING COMMISSION RESOLUTION NO. TT 13796 - LEWIS DEVELOPMENT September 8, 1993 Page 4 east greenway corridor, the on-site storm drain system shall provide sufficient catch basins (three minimum) so that no more than 10 percent of the project flow is intercepted at the most southerly catch basin. 3) There shall be no cross lot drainage between lot "D," the community trail, and the adjacent lots on either side. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 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 8th day of September 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Llmltll Com,,i,~ / 1. Approval shall expire, unless extended by the Planning Commission, if building permits are --./ / not issued or approved use has not commenced within 24 months from the date of approval. 2. Development/Design Review shall be approved prior to / / ___/ .. / 3. Approval of Tentative Tract No. is granted subject to the approval ot __/ / J 4. The deveioper shall commence, partioipatein, andcortsummateorcausetobecommenced, ..~ / participated in, or consummated, a Malfo-Roo$ Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection Dist]lct to finance construction and/or maintenance of a fire station to serve the development. The station shall be located, designed, and built to all specifications of the Rancho Cucamonga Rre Protection District, and shall become the District's property upon completion. The equiprnont shall be selected by the District in accordance with its neede. In any building of a station, the developer shall comply with all applicable laws and reguietion~. The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. 5. Prior to recordation of the final map or the issuance of building permils, whichever comes ~ / first, the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary school facilities. However, ff any school district has previously established such a Community · Facilities District, the applicant shall, in the alternative, conseN to the annexation of the project site into the territory of such existing District prior to the recordation of the linal map or the issuance of building permits, whichever comes litst. Further, if the affected school district has not formed a Melio-Roos Community Facilities District within twelve months from the date of approval of the project and prior to the recordation of the final map or issuance of building permits for said project, this condition shall be deemed null and void. SC - 2/91 1 of 12 This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all school impacts as a readif of this project. Prior to recordation of the final map or prior to issuance of building permits when no map is involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to sawe the proposed pro~eot shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the cese of subdivision or prior to issuance of permits in the case of all other residential projects. __/ / B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and coioes, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Specific Plan and Planned Community. / / 2. Prior to any use of the project site or business activity being commenced thereon, all __J / Conditions of Approval shall be completed to the satisfaction of the City Planner. ,/ ,/ ,/ 3. O(x;upancyofthefacilityshallnotcommanceuntilsuchtimeasallUni~ormBuiidingCodeand __/ / State Fire Marshalrs regulations have been complied wtth. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. v//~ 8. Revised site plans and building elevations incoq3orating all Conditions of Approval shall be submitted for City Planner review and approval prior to issuance of building parmits. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any portoits (such as grading, tree removal, encroachment, building, etc.), or prior to final map approval in the case ol a custom lot subdivision, or approved use has commenced, whichaver comes first. Approval of this request shell not waive com131iance with all sections of the Development Code, all other applicabis City Ordinances, and ~'~rlOllo~"la Community Plans or Specific Plans in effect at the time of Building Perufit issuance. A detailed on-site lighting plan shall be reviewed axl appoved by the City Planner and Sheriff's Department (989-6611) prior to the issuance o! building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely effect adjacem properties. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. / / / / / / / / ,/ Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be sublect to C#y Planner review and al:q3foval prior to issuance of building permits. 10. All ground-mounted utility appurtenances such as tranalormem, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, barming, and/or landscaping to the satisfaction of the City Planner. ~- ...~, ~ / / SC- 2/91 2o~ 12 ,/ ,/ 11. Street names shall be submitted for City Planner review and approval in accordance with the adopied Street Naming Policy prior to approval of the final map. 12. All building nurntmrs and individual units shall be identified in a clear and concise manner, including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval priorto approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine animals where zoning requirements torthe keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the apfxoval of the Planning and Engineering Divisions and the City Attomay. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs tirst. A recorded copy shall be provided to the City Engineer. 16. All parkways, open areas, and landscaping shall be permanently maintained bytha property owner, homeowners' association, or other means ecceptat)le to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the linal map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, stmcturas, fixtures or any other object, excepl for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 18. The project contains a designated Hletodcal Landmark. The site shall be developed and maintained in accordance with the Historic Landmark Alteration Permit No. · Any further moditicatione to the site including, but not limited to, extedor alterations and/or interior alterations which affect the exteriorof the buildings or structures, removal of landmark trees, demolition, reiccation, reconstruction of buikiinge or structures, or changes to the site, shall require a medir~ation to !ho Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building 1. SC - 2/91 Design An alternative energy system is reduired to provide domestic hot water tor all dwelling units and for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment sul~ect to City Planner review and approval prior to issuance of building permits. 3of 12 __/ / __/ / / / / / / / Com~¢~io~ Da~: 3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for ~ / City Planner and Building Official review and approval prior to issuance of building permits. 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or / / projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular Am (indicate details on bulkling planl) v/' 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including cu~o). ,/ Textured pedesthan pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwelUngs/units/buildings with open spaces/ plazas/recreational uses. 3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from beck of sidewalk. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and apl~OVal prior to issuance of building permits. / / _.J / _J / _.J / __J / / / E. Landscaping (for pul~llcly matntaln~l lan;laca!~ ar~as, reler to ~1on N.) 1. A ~!all~ la~ and i~t~n ~an, i~i~ i~ in t~ ~se of res~N~l deve~, s~l ~ ~ ~ a I~n~ la~ a~ a~ sub~ for C~ ~a~r m~ ~ ~1 ~rto t~ ~a~ ~ ~i~i~ ~s or p~r fi~ ~ ~val in t~ / / 2. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municlpat Code Saction 19.06.110, and so holed on the grading plans. The location of those trees to be preserved in place and new locations for trarmplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting and trimming methods. v/ 3. Aminimumof '~,~' treespergrossacre,cornprisedofthetoliowingsizes, shatl be provided within the project: ---" % - 48- inch box or larger, /~ % - 36- inch box or larger, /~ %- 24- inch box or larger, ~'O % - 15-gallon, and ---- % - 5 gallon.' / / / / f 5. A minimum of % of trees planted within the project shall be specimen size trees - 24-inch box or larger. W'~hin perking lots, trees shall be planted at a rate of one 15-gatIon tree for every three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. SC - 2/91 4 o~' 12 6. Trees shall be planted in areas of public view adjacent to and along structures at a rate of ohe tree per 30 linear feet of building. All private slope benks 5 leet or lass in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shell be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. o AIIprivateslopesinexcessofSfeet,butlassthan8 feet inverticalheightandof2:1orgreater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree par each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shell also include one 5.galldn or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shell include a permanent in'igation system to be installed by the developer prior to For singla family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual unit is soldandoccupiadbythebuyer. Priortorelaasingog3cupancytorthoseunits, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory 10. For rnultHamily residential and non-residential development, properly owners are respon- sibla for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shell be kept free from weeds and debris and maintained in a healthy and thriving conditldn, and shell receive regular pruning, ferlilizing, mowing, and trimming, Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 11 · Front yard lar~ shell be required per the Development Code and/or · This requirement shell be in addition to the required street trees and slope planting. 12. The final design of the perimeter perkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and aPlxOval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 13. Special iartdecape features such as mounding, alluvial rock, specimen size trees, meander- ing sidewalks (with horizontal change), and intensified iandecaplng, is required along / / / / / /B / / __/ / / / / / 14. Landscaping and irrigation systems required to be installed w~in the public right-of-way on the perimeter of this project area shell be continuously maintained by the developer. 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, the dasign shell be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and submittad for City Planner review and approval prior to issuance of building permits. These criteria shell encourage the natural growth characteristics of the selected tree species. __ 17. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Munloipal Code. / / / / SC - 2/91 5 o1' 12 F. Signs The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and approval pdor to issuance of building permits. Director~ monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. G. Environmental The developer shall provide each prospective ~yer written notice o! the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project In a standard torma as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shell discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and it appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. H. Other Agencle~ v/ 1. Emergency secondary access shell be provided in a__,~_~_ rdancewith Rancho Cucamonga Fire Protection District Standards. J 2. Emergency access shall be provided, maintenance free and clear, a minimum of 26 leet wide at all times (luring construction in accordance with Rancho Cucamonga Fire Protection District requirements. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucamonga Rre Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. The applicant shell contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shell I:xovide a solid overhead structure for mall boxes with adequate lighting. The final location of the mail boxes and the design of the overhead stnJcture shall be sul~ect to Cib/Planner review and approval prior to the issuance of building parmits. / / / / ._/ / / / / / / / _../ / ._/ / / / / / SC - 2/91 For projects using septic tank facilities, written cer~#ication of acceptability, including all supportive information, shell be of Xained from the Sen Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. 6 ol' 12 / / APPLICANTS SHALL CONTACT' THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR C.~MPLIANCE WITH THE FOLLOWING CONDITIONS: Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Unitorm Mechani- cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shell pay development fees at the established rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4. Street addresses shall be provided by the Building Off'cial, aftertract/parcel map recordation and prior to issuance of building permits. J. Existing Structure~ 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness of existing buildings. 2. Existing buildings shell be mede to comply with correct building and zoning regulations tor the intended use or the building shall be demolished. 3. Existing sewage disposal facilities shell be removad, filled and/or capped to cornply with the Uniform Plurr~ing Code and Uniform Building Code. 4. Underground on-site util~les are to be located and shown on building plans submitted for K. Grading Grading o! the subiect property shall be in accordance with the Uniform Building Code, City Grading Standards, and acoeplad grading I~aCtioes. The linal grading plan shell be in substantial conformance with the approved grading plan. A soils report shell be prepared by a qualified engineer licensed by the State of California to perform such work. The development is located within the soil erosion control boundaries; a Soil Disturbance Permit is required. Please contact San Bernardino County Department of Agriculture at (714) 387-2111 for permit application. Documenfatfo~ of such permit shell be submitted to the City prior to the issuance of rough grading permit. 4. A geological report shell be preparad by a qualified engineer or geologist and submittad at the time of application for grading plan check. 5. The final grading plans shall be completed and approvedl:~forlo issuance of building permits. __/ / / / / / / / / / / / / / __/ / / / / / / / / / SC - 2/91 70f 12 6. AS a custom-lit sul:x:livision, lhe following requirements sicall be met: a. Surety shall be posted and an agreement executed guarameeing completion of all on-site 0rainage facilities necessary lot clewatenng all parcels to the satisfaction of the Building and Safety Division prior to final map a~roval and prior to the issuance of grading permits. A~propdate easements for safe disOosal of drainage water that are conducted onto or over edjacent parcels, are to be clelineated and recoro~l to the satisfaction of the Building and Safely Division I:,'ior to iMuance of greding and I~Jilding permits. c. CX~.site drainage improvements, necessary for 0ewatering and protecting the sulxiivided propetites, are to be installecl prior to issuance of buiioing permits for construction uDon any parcel that may be su~act to drainage flows entering, leaving, or within a ;)arcel relative to which a Ix~iioing permit is requested. Final grading plans for each percel are to be submitted to the Buik~ing and Safety Division for a~roval prior to issuance of I:xJilding and gredthg permits. (This may be on an incremental or conl:x)site Dasis.) e. All slope benks in excess of 5 leat in vertical height shall be ~el~<t with native grasses or pianted with ground cover for erosion control UlX~ coml~tion of gr~ling or some other alternative mathe4 of erosion control shall be completed to the &tUafaction of the Building Official. In a~lition a permanent imgation system aftall be provi(H<l. This requirement does not release the ai:~icant/deveioper from comlXtance w~ the $io~e planting requirements of Section 17.08.040 I of the Devetot;~ent Code. __/ / __/ / .__/ / / / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (/14) 0~0-18~2, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Deelcatlon end Veni~u~ar 1. R~f-way a~ ea~ s~, ~ ~ ~ t~ C~ f~ a, ~r ~ streets. ~m~n~ tm~, ~1~ ~, ~ ~ ~u, K~ trm, ~ ~1~ drai~ge f~il~ fac~ams (~ss-~t ~e, ~ f~r ~, ~c.) ~ ~ r~ u s~n on the ~ans a~or 2. D~lication shall be rnacle of the leaowing ~1111-of-w~/on the I:mdmeter streets (measure~l from ~tmet oentedlne): total feel on total leer on 3. An irmvocal~ offer of cll~tiCation for for all private strletl or cldvee. -fOOt wi~ fOl~Wly emrn~nt $1';11 be macle SC.2/91 4. Non.vehicular aC~ll $Pmll be be~licat~l Io Ihe Cily for the leaowing streets: 5. Reciprocal access easements $11ail be provid~:l ensuring access to all parcels tW CC&Rs ~ or Dy ciae~s incI Sitall be reoo~le~l c~ncun~nll~ with the mid or p~r to the issuance ol 8of 12 / / 6. Private clrainage easements for cross-lot drainage snail I~e prov~e~ ancl snail i~e clehneatec~ or norad on the final map. ~ 7. The final map shall clearly delineate a 10-foot minimum t:)uilcling restriction area on the neighl:x)dng lot adjoining the zero lot line wall ancl contain the following language: "l/We hereby dedicate to the City of Rancho Cucamonga the r~ght tO prohibit the construct/on of (residential) buildings (or otf'/er stn~ctures) w/thin those areas clesignatec/ on the ma~ as building restrict/on areas.' A maintenance agreement shall also be grented Irom each lot to the adjacent lot through the CC&R's. 8. All existing easements lying within future rights-of-way shell be quitclaimed or delineated on the final mac). 9. Easements for I~blic sidewalks and/or street trees placecl outside the pu~ic rigid-of-way shall be dedicated to the City wherever they encroach onto I:X'ivsto property. 10. Ack:litional street right-of-way shell be dedicated along right tum lines, to provide a minimum of 7 feet meesure<l from the face of curry. If cu(o adjacent sld(wvalk is usecl along the right turn lane, a parallel street tree ma~enance easement she, be provided. 11 · The developer shall make a good faith effort to acquire the re(3Jire(I off-site pro~ly interests necessa~/to construct the reduired pul:dic inT)mvements, and If he/she should fail to do so, the developer shaft, at least 120 clays prior to IuIcxnittal of the final map for approval, eider into an agreement to complete the irnprovernents pursuant to Government Cocle Section 66462 at such time as the City acquires the property internits required for the improvements. Such agreement shell pfT)vide for payment by the bevalol:~ of all costs incurred by the City to acquire the off-site property interests required in connection with the sutxtivision. Security for a I:)ortlon of these costs Shell be in the form of a cash del)O$it in the amount given in an al~)raisal redoft MXalned by the develober, at clevelop.f's cost. The apdatsar shall have been approved by the City ~ to commencement of the aporaisal. M. Street Impmvimenta 1. All I:X,m4iC irrll:)mvemeht$ (interior streets, drainage facilities, community trails, paseos, lan(:lSCalD~ areas, Itc.) litown on the I:dlnl an(VOl tentative rn~ shah be conetmctecl to City Standan:Is. Interior street imFxovemefls shell include, but are not limited to, cud3 and gutter, AC pavement. ~ apptoache~, sidlwIks, ~ ligt"ll, ~ straIt trees. 2. A ~nimum of 26- foot wide pavement. wilhin 1 40 -foot wide cledicated right-of-way shall be constructed fM all hall-lectk)n It/lets. 3. Constmcl Ihe foffowing I:)MIO~Ir stroll |~vlmel'l~ itlCIl~l~, ~ riot lllT~tlC110: / / _../ / / / / / / / COMM. Ii~DtN~ OI'H£R Notes: (a) Meclian islar~ includes landscaping and irrigation on meter. (b) Pavement- reconstruction and overlays will be cleterminecl clurlng plan check. (c) If so marke<L s~le- walk Shall I:)e curvilinear per..S.TD. 304. (d) If so markecl, an in-lieu of construction tee shad be provided for this item. (E') Irnprovement plans and construction: Street improvement plans including street trees and street lights, pf~!fecI ~¥ a regis- tered Civil Engineer, shaJl be sulxnitted to and approved by tl'm City Engineer. Security shall be posted and an agreement executed to the satisfaction o! tbe City Engineer and tl~e City Attorney guaranteeing corrkoletion of the PUMc ancl/or private street im13rove- ments, prior to final map approval or tim i~uanct of I~iiding permits, whichever occurs first. Prior to any work being performed in PUI:)IIO fight-of-way, fees shall be paid and a construction permit el'roll be olXained from the City Engineor's Office in acidition to any other permits requirecl. c. Pavement striping, marking, traffic, street name signing, and interconnect conduit shall be installed to tl'm satisfaction of t!~ City Er~r. Signal conduit with pull poxes sl~all be inst~lled on any new construction or reconstruction of major, secondary or collector streets wfiicfi irlemect with otl~or major, secondary or collector streets for future traffic signals. Pull I~xe$ Shall be piaced on both sides of the street at 3 feet outside of BCR, ECR or any other Iocatiom aOl~wea ~ the Ci~ Engineer. Notes: (1) AJI pull boxes shall be No. 6 unlem Otl~lrwisl specitie(I by t~e City Engineer. (2) Conduit shall be 3.inch galvanized ~teel w#h pullrope. e. Wheel cl'mir raml:~ el'roll be intoalibi on al four come~ at inlers~ctions per City ,Standams or as directed by tM City Engineer. -Existing City macIs m<:lU'a~ng construction Ihal remain o~en 1o traffic at all times with adequate clMourl during conlt~limt A la'eel C~lUm ~ may pe rlquirea. A cash refunded Ul=On complmt~n of tt~ coMm.~clion to Ihe sl,'da_t~n of ttm City Engineer. g. Concentrated (trainage flows illall not ~ sid~wa~t. Under $idewa~ draine sitall be instailed tO Cily Startdial, exOMX for single fallfily k:Re. h. Handicap aceera ramp design sha, pe u ~ by tl~e City Engineer. i. Street names N~ail bt Ippmrvecl by the City PlatraM ;~ior to s~l=miltai for first plan check.. 5. Sireat improvemarl pla~ per City Stargla~l for all ~l a~s ~ ~ p~ for rev~ a~ ~ai ~ t~ C~ E~. P~ to ~ ~ ~ ~ on ~ ~- E~¢s ~ ~ ~t~n to ~ o~ ~1 ~. 6. Slreet trees, a minimum of 15-gallon size or larger, snail be in~tail~l per City Standarcls in accon~ance witl~ tl~e City's street tree txogram. / / __/ / / / __/ / __/ / __/ / / / __/ / / S(~ - 2/9l tool 12 J 7. Intersection line of site c~es~ns shall De reviewecl by the City Engineer for conformance wrth acloptecl policy. a. C)n coilactor or larger streets, lines of s~gl~ shall be Diorted for all project intersections, including cldveways, WallS, signs, ancl slopes shall be located outs~e the lines of sight. L.andsc&oing and other obstructions within the lines ot sight Shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved. usually by moving the 2 +/- closest street trees on each side away from the street and placed in a street tree easement. a. permit snail be o~ained from CALTRANS for any work within tl~e following rig~-of-way: / /. / / / 9. All public improvements on the following streets shall be operationally complete prior to the issuance of building permits: / / N. Pu1311c Maintenance Area~ 1. A seDarale set of landsCalm and i~1on ~ans ~r E~i~d~ ~bl~ Wo~ Sta~r~s shall ~ submM~ to t~ C~ E~i~r for rev~ a~ ~mval p~r to final ~p ~mval or is~a~e of ~i~i~ ~s, wh~r _~Jm fi~. ~ ~i~ ~ ~ays, m~ians, ~s~s, ease~n~, trai~, or o~r areas am m~i~ to ~ an~x~ imo the La~ Mai~e~e. Di~: ._ ._../ / ~'/2. A signed consent and waiver form to join and/or form tim a1313mpdate Landscape and Lighting ~ / Districts shall be filed with the City Engineer p~ior to final map apt3mval or issuance of building permits whichever ~__~_,rs first. Formation ~osto shall be borne by the developer. 3. All requiredl~ubliclandscaping and irrigation sy~tem~ shellbe continuously maintained by the / / developer until accepled by Me City. 4. Pa~t(way landscaping on the lollowing ar#t(s) sMII oonlorm to Me results ot the respective Beaufification Masler Plan: O. Drainage The project (or pertlone thereat) is located wltl~in a ~ I-I~a~ Zone; therefore, 11ood ~ / protection measure~ ~ I~e pmv~led a~ centtied by a registerri Civil Engineer and a :m3ve W me r=ng eer. 2. It shall be the develogees re&!3ormibialy to have the curtertl FIRM ~ ~ / des~ m~ f~ t~ ~ area. ~ ~s ~er s~11 ~e all of M~ Rayisdn (CLOMR) s~B ~ ~i~ ~m FEMA ~ ~ I~l ~ ~val or issua~ of ~i~i~ ~s, ~vlr ~m f~. A L~ ~ M~ Re~n (L~R) shall ~ is~ by FEMA ~r to ~~ or i~mve~ ~~, ~er ~rs first. 2/9! A fina~ clrainage study Shall be sula~n~ed to and ag13mved by ~ City Engineer prior to final map aDIxoval or the issuance of building permits, whichever occurs lirsl. NI drainage facilities shall be installed as rm3uirecl by the City Eng~naer. ~'~' ~',~-07'~'-~-7-/A,,~J ~' ii oft2 4. A permit from t~e County Floocl Control District is required for work within rtsngnt-of-w~y. 5. 'Trees are prohibited within 5 feet of the outside cliameter of any public storm drain pipe measured from the outer eclge of a mature tree trunk. 6. Public storm drain easements shall be graded to convey ovaallows in the event of a blockage in a sum13 catch basin on tf~e public street. P. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable 'IV (all unclergrouncl) in ac~.rclanca with the Utility Standards. Easements shall be provided as required. The developer shell be responsible for the relocatlon of existing utilities as necessary. 3.Water and sewer plans shell be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancl~ Cucamonga Fire Protection District, and the Environmental Health Depa~lment of the County of San Bernardino. A letter of comDllance from the CCWD is reduired ptior to final mad approval or issuance of pare'tits, whichever occurs first. / ./ / __./ / / /__ O. General Reclulrementl and Al~rovall 1. The separate parcels containecI within the project beunciehe$ shall be legally combined into one pamel prior to issuance of building permits. 2. An easement for a joint use driveway shall be provided I~or to final mad aDIXOVal or issuance of building permits, whichever ocours first, for: 3. Prior to apDroval of the final m~o a ciepo$it shell be posted with the City coveting the estimatecl cost of apl:X)rtioning the IS~mentl under A!~eslmenl Disttict among the newly created parcels. 4. Etiwancla/San Sevaine Area Regional Mainline, Seconc~ Regional, and Master Plan Drainage Ffis Sllail be Hid I~ to final ~ apDrovai or prior to building permit issuance if no m~o is involved. 5. Permits shaft be o~aine~l from the 1o,owing agentill Ior wo~ witffin Iheir right-of-way: ./ / / / 6. A signal ~ort~enl and waiver form to join arC/or form the Law Ehtomement Community Facilitie~ ~ shall be filed with the City Enginee~ imor to final ~ al;q~rovai or the issuance of I~liding I~, w-ttiCl~ver occu~ flint. Fon~stion Costs ~ be berne by the Develoeer. Prior to finaltzation of any develoDment pttase, sufficient imlxovemenl p4an~ sheJl be com- pleted beyond the ~ beundahe~ to a~ura ~ec~ndmy acc~ and drainage IXOt~'tlon to the sat~action of tl~ City Engineer. Phalt bouncllrit~ ~ coffl~=~cl to lot lines Shown on me apl~)vecl lentalive map. SC - 2/g I 12 of 12 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW FOR TENTATIVE TRACT NO. 13796, THE DEVELOPMENT OF 111 CONDOMINIUMS ON 7.92 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DESIGNATION (8-14 DWELLING UNITS PER ACRE) OF THE TERRA VISTA PLANNED COMMUNITY, LOCATED ON THE SOUTH SIDE OF MOUNTAIN VIEW DRIVE, EAST OF MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-32. A. Recitals. (i) Lewis Development Company has filed an application for the Design Review of Tentative Tract No. 13796, as described in the title of this Resolution. Hereinafter, the subject Design Review request is referred to as "the application." (ii) On September 8, 1993, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. {iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced meeting on September 8, 1993, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and (c) That the proposed design is in compliance with each of the applicable provisions of the Development Code; and (d) That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. DR TT 13796 - LEWIS DEVELOPMENT September 8, 1993 Page 2 3. Based upon the findings and conclusions set forth in Paragraphs i and 2 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. Plannin~ Division (1) Wrought iron fencing shall be provided between buildings 20 and 21. The final location shall be shown on the landscape plan which is subject to review and approval by the City Planner prior to issuance of building permits. 4. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 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 8th day of September 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ASSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: Those items checked are Conditions of Apfxoval. APPLICANT SHALL CONTACT THE PLANNING DNI$1ON , (714) 98~,1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limltl c_~ ~-,- f 1. Al:~)roval shall expire, unless extended by the Planning Commission, If building permits are / / not issued or approved use has not commenced within 24 months from the date of al~roval. 2. Development/Design Review shall be aplxoved prior to I / / / 3. Approval of Tentative Tract No. is granted subisct to the approval of / / 4. Thedeveicpershallcommence, parttcipatein, andconsummateorcausetobecommenced, ---/ / participated in, or consummated, a Me#o-Roo~ Community FsciliUes District (CFD) for the Rancho Cucamonga Fire Profaction Dtatrk:t to Ithanoe construction and/or maintenance of a fire station to serve the deveiol~ment. The station N~11 be iotated, designed, and built to all specIfications of the Rancho Cuc, amonga Fire Protection District, and shall become the District's property upon cornpillion. The equipment shall be selected by the District in accordance w#h its neeall. In any building of I station, the developer shall com131y with all ap131icable laws and regulations. The CFD shell be formed by the District ~ the developer by the time recordation of the final map occurs. 5. Prior to recordation of the final rnap or the issuance of bulkling pan~ts, whichevercomes / / first, the applicant shall consertl to, or participate in, the establishment of a Melio-Roos Community Facilities DWiIot for the cxmatnJctton and maintenance of nsceMar/school facilities. However, if any school dil~ct has previously tst~blished such a Community Facilities District, the ap~nt shall, in the Memativl, con~ent to the annexation of the project site into the tenitory of such existing Diat~ prior to the r¢.,~o,'dation of the final map or the issuance of building patrolS, whichever cornas lira. Fwlher, if the affected school district haS not formed a MeIo-Roos Community Facialies Dist~:=t within twelve months from the date of approval of the project and prior to the re~3~dation of the final rna~ or issuance of building permits for said I~, this ~ondition shall be deerned null And void. sc-2/91 I 4r ~ This condition shall be waived if the City receives notice that the applicant and all affected school districts have enter~ into an agreement to privmely _ac~_o__ minedeta any and all school impacts as a result of this project. o Prior to recordation of the final map or prior to issuance of building permits when no map is involved, written certification from the affected water d~rict that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community DeveiopmanL Such letter must have been issued by the water district within 90 days prior to final map approval In the case of subdivision or prior to issuance of permits in the case of all other residential projects. __/ / B. Site Development 1. The site shall be developed and maintained in a-~.~rdence with the approved plans which include ~e plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Deveioprnent Code regulations, and Specific Plan and Planned Community. / / 2. Prior to any use of the project site or business aotivity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. / / / ,/ Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Prior to occul:mncy, plans shall be submiffed to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to Revised site plans and building elevations incorperating all Conditions of Approval Shall be submitted for City Planner review and approval prior to issuance of building permits. 5. All site, grading, landscape, irrigation, and street Improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or prior to final map approval in the case oi a custom lot subdivision, or approved use has commenced, whichever ~ fk~t. 6. APlxoval of this request shall not waive comp~ with all sections of the Devalopment Code, all other apl:WGabla CIW On:ik~nc#o and appl!~ CommunNy Plans (x Plans in effect at the time of Building Pennll Issuance. A detailed on-site lighting plan shah be reviewed and approved by the City Planner and Sheriffs Depafimem (989-6611) prkx to the issuance of building permits. Such plan shall indicate style, illumination, location, heigN, and method of shielding so as not to adversely affect adjacent pmpMtlas. ,/ ,/ 8. If no centralized trash receptacles am provided, all trash pick-up shall be f(x' individual units with all re~,eptaoMs shlaided from public view 9. Trash recel~aCla(s) am required and ~ meot C#y standard. TI~ final design, locations, and ~e numar of trash recefXaclas shall be su~ to City Ptmmer revia~ and approval prior to issuance of building permits. 10, All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a con~ination of concrete or masonry walls. barming. and/or landscaping to the satisfaction of the City Planner. _ / /__ SC-2/91 ,/ 11. Street names shell be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to al:~)roval of the final map. 12. All beiidlng numl~rs and individual units shell be identified in a clear and concise manner, including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and appmvalpriorto approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine animals where zoning requirements forthe keeping of said animals have been met. Individual lot owners in subdivisions shall have the olXlon of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restrictlone (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shell be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever _oc~_Jrs first. A recorded copy shell be provided to the City Engineer. 16. All parkways, open areas, and landscaping shell be pmmanently maintained bythe propeW owner, homeowners' association, or other meane ~ to the City. Proof of this landscape maintenance shell be submitted for City Planner and City Engineer review and approval prior to issuance of building parma. / / / / / / __/ / ._J / 17. Solar access easements shall be dedicated for the puq~oss of assuming that each lot or dwelling unit shall have the right to receive sunllgN across adjacent lots or units for use of a solar energy system. The easements may be confined in a Declaration of Restrictions for the subdivision which shell be re~::~rdad concurrently ~ #~ r~:~detlon of the final map or issuance of permits, wfiichaver comes first. The easements shall prohibit the casting of shadows by vegetation, smJctures, fixtures oran,/other object, excelX for utility wires and similar ol:(jects, pursuant to Doveiop,,~snt Code Section 17.08.060-G-2. 18. The project contalne a designated Hislorloal Landmark. The site shall be develol:NKI and maintained in accordance with the Histodc LanelinE1( AReration Permit No. · Any further modifications to the Me including, but not Iknited to. exterior alterations ancl/or int emr alterations which affect Ihe exterior of the tmildin~ or structures, ramoval of landmark trees,, dernolitlon, relocation, reconstruction of buildings or structures, or changes to the site, shall require a morlttloatlon fo the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building Design An allemative energy system is required to provide domestic hot water for all dwelling units and for heating any swimming ~ or spa, unless ofhar alternative ene~y systems are demonstrateelto beof equivalent capac#yand efficiency. Nlswk,,,ilngpoois inetalkKI atthe · time of initial development shell be suppleroamed w#h solar Mating. Detall~ shell be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of trailcling permits. All dwellings shell have the front, side and mar elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment sul:~eof to City Planner review and approval prior to issuance of building permits. 3 eg,~ SC o 2/9 i __/ / 3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. __/ / __/ / D. Parking and Vehicular Acceee (Indicate detatla on bullcling plane) · // 1. All parking lot lanclacape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). // Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwelings/units/buitdinga with open spaces/ plazas/recreational uses. 3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped par City stanclarde. 4. NI units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. o The Covenants, Conditions and Restfictibns shall restrk:t the storage of recreational vehicles on this site unless they are the IXincipal soume of tranaponatibn for the owner and prohibit parking on ~tedor circuMtion aisles other than in designated visitor paddng areas. o Plans for any security gates shall be sutxnitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and apGXOVal prior to issuance of building parmits. / / / / E. I.~nd~,~plng (for pul~llcly It~lnt~th~:l laltg:J~11~ ~ mf~r to S~'tlofi N.) A detailed landscape and in~gation plan, inckxing siopa pearrang and modat home tandecap- ing in the case cd residential developmere, shall be prepared by a licensed landscape architect ancl submitted for CRy Planner revlewanclappmval I:Morto theissuancoof building permits or prior firill map aGqxovat in the c~e of a custom IM sulxlivlaion. 2. Existing trees required to be preeerved in place shall be protooted with a conatmotion hamer / / in accorclance w#h the MuntcipaJ Code Section 19.08.110, and su noted on the grading plans. The ibcatJon of those trees to be pmeewecl in place aml new lecatiom for traneplanted trees shall be $howfi ort the detailed landec, a~o piens. Tho al~dicafil Shah follow all of the arborist's recommendatior~ rogercling preMrvation, transplanting and tdmming mathode. 3. Aminimumof ~ treespargrossacm,compd~Klofthefoitowingsizee, shatl be provided ---/ / within the project: -"- % - 48. inch hox or I~r, /~ % - 3~- inch box or larger, /d _%-~4-incl~13oxorlarg~, ~ %-15-gallon, ancl -- %-Sgallo~ 4. A minimum of % of trees plantocl within the project shall be specimen size trees - 24-inch box or larger. 5. Mr~hin parking lots, trees shall be planted at a rate of one 15-gaJion tree for every three parking stalls, sufficient to shade 50% of the parking atom at solar noon on August 21. / / sc- 2/91 ,/ sc-2/9t 6. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. All private slope banks 5 leet or less in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and intgated for erosion control and to soften their appearance as follows: one 15.galion or larger size tree per each 150 sq. ft. of sict~e area. 1.gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In acldition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one 5.gallon or larger size tree per each 250 sq. if. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to For single family residential development, all slope planting and intgation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satistactory condition. 10. For multHamily residential and non-residential development, property owners are raspon- sible for the continual malmenance of all landacapeq areas on-site, as well as contiguous planted areas within the public right-of-way. All landecapeq areas shall be kepl free from weeds and debris and maintained in a healthy and thriving condition, and shall receive regular pruning, tertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the (late of damage. 11. Front yard landscaping shell be required per the Development Code and/or · This requirement shell be in addition to the required street trees and sk:~e planting. 12. The final design of the perimeter pa~ways, walls, landacaplng, and sidewalks shall be included in the require(I lan~ plans and shall be ~ to City Planner review and approval and coordinate<l for consistency with any pa~way landsca,rig plan which may be required by the Engineering Divlsio~. 13. Special landscape featuras such as mounding, aJluvial rock, sl~c, imen size trees, meander- ing sidewalks (witIt horiz~al chengo), and intenslli~l landscaping, ls required along Com~euoe Da,,': ---./ / -__/ / / / / / / / 14. Landsc.,al:~rlg alld in'igation ~/~terns reCluir~ Io be installs(I within the publk= rigl'l-of-way on the perimeter of this proiect area shall be continuously malntalne(I by the developer. 15. All walls Shell be pmvicleq with decorative treatment. If located in public maintenance areas, the design shall be coon:linata<l with the Engineering Division. .. 16. Tree maintenance criteria shell be devek)l~e(:l and submitted for City Planner review and appmvat prior to issuance of building permits. These crlleria shall encourage the natural growth cl~aracteristics of the selected tree spe~as. ~ 17. Landscaping and irrigation shall be designe(I to conserve water through the principles of Xeriacape as defined in Chepler 19.16 of the Rancho Cucamonga Municipal Code. / / / / / / F. Signe ,/ The signs indicated on the submitted plans are conoeplualonly and not a part of this approval. Any signs proposed for this deveioprnen! shall comply with the Sign Ordinance and shall require separate application and approval W the Planning Division prior to installation of any signs. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and approval prior to issuance of building permits. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shall require separate applioation and approval by the Planning Division prior to issuance of building permits. G. Environmentat The deveiopar shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to ac__.ce_pting a cash deposit on any property. C,~e=oe / /.l / / / / __Y / The developer shall provide each prospective buyer written notice of the City Adopted ---/ / Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City . Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any propeW. A final acoustical roport shall be submitted for City Planner review and approval prior to the issuance of building parmits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, tha bullcling matehals and conatructlon tacfiniques provided, arid if al:~ate, verify the adequacy of the mitigation measures. The building plane will he checked for conformance with the mitigation measures contained in the final report. H. Other Agoncle~ u// 1: Emergenu"yse~orglarya~eassl~llbeprovidedin _~3~:',~l~ncowithRanohoCuoamongaFire Protection District Slandard~. Emergency access shall be provided, malnfenence free and clear, a minimum of 26 feet wide at all times during cofiattIJction in aocordance wtlh Rancfio Cuoamonga Fire Protection District requirements. 3. Prior to i~uanco of building permits fo~ com13uatibie c~tatruction, evidence shall be submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for fire proteCtlOft is available, pending completion of required fire I:XOtoctiofi system. /, ,/ ,/ The appacam sha~ confaro me U.S. Poatai Sewlee to detarmme the aplxopdate type and location of mail boxee. Muiti-famity residenflai c~valoGk,,c,ds shall I:mwide a solid overload structure for mall boxes with adequate ilgNing. The final iocatto~ of ttm mall boxee and the design of the overtmad atruc~ure shall be sul:~ct to C~y Planner review and approval prior to the issuance of building permits. / / / / / / ---/ / SC-2/91 o For projects using septic tank facilities, written certitication of accoplal~lib/, including all suppofiive information, shall be oblainad from Ifie San Bemarcilno Counfy Department of Environmanfai Health and submlttad to the Building Olfiotai IMor to the issuance of Septic Tank Permits, and prior to issuance of building permits. / / APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR ~C_OMPUANCE WITH THE FOLLOWING CONDITIONS: Cornel. eta. on D.~: site Devek)pment '// ~. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mecheni- cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and appl~13is handouts. __/ / 2. Prior to issuanco of building permits for a new residential dwelling unit(s) or major addition/ / to existing unit(s), the applicant shall pay devek~ment fee~ It the established rIte. Such fees may include, but am not limited to: City Beautificition Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. 3. Prior to issuance of building permits for a new commercial or industdal development or ~ / addition to an existing development, the N~dicant shall Fray develdpment tees It the established rIte. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prior to i~uance of building permits. J. Existing Structure~ 1. Provide compliance with the Uniform Building Code for the property line clearances ~ / considering use, area, and tire-reeistivene. of existing buildings. 2. Existing buildings shall be marie to cornply with correct building and zoning regulations for _i/ / the intended use or the building shall be demolished. 3. Existing sewage cilaOosal facilities shah be removed, filled and/or cal~ to comply with the Uniform Plumping Code and Uniform Building Code. 4. Underground on-site utilities are to be located and shown on building plans su13mitted for building permit application.. / / K. Grading ,/ 1. Grading of the subject pfopMty shill be in ~ with the Urdfofm Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in suhetanti~J coNormance with the aqxoved grading plan. A soils repo~ shall be prepared by · qualified engineer licensed by the State of Calitomia to perform such ___/ / 3. The deveiopment is ldcated within the soil erosion control boundaries; a Soil Oistud3ance Permit is required. Please contact San Bernardino County I~of Agriculture at (714) 387-2111 for ;)efTnit al~licition. Documentation of such RefTnit shall be submitted to the City / / SC - 2/91 o A geological repon shall be I~'epared by a qualified engineer or geologist and submitted at the time of application for grading plan chick. The firml gracling plans shall becornl)ieted and ap[xovedlxiorto issuance of building permits. 6. AS a cuiiOm-iot subdivision, the following requirements shall be met: a. Surely shall be posted and an agreement executed guaranteeing completion of all on-site clralnage facllitle~ necessa~/lot clewatorlng all parcels to the satisfaction of the Building and Safety Division p~orto final map approval and Ixior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto or over adjacent parcels, are to be delineated and reoorded to the satisfaction of the Building and Safety Division prior to i~uance of grading and building permits. c. On-site drainage improvements, necessa~/for dewatering and protecting the subdivided properties, are to be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. d. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to issuance of IxJiicling and grading permits. (This may be on an incremental or composite basis.) C~mnleUo~ Dalz: .__/ / / / __/ / e. All slope banks In excess of 5 feet in vertioaf heighl shall be seeded with native grasses ~ / or planted with ground cover for erosion control upon ~pletion of grading or some other alternative methodof erneiencontrol shall be complMed to the satiMaction of the Building Official. In acldltion a pemmnent irrigation ~/stem shall be pmvtbed. Thie requirement does not release the applicant/deveioper from ooml~lance with the slope planting requirements of Section 17.08.040 1 of the Development Code. APPUCANT SHALL CONTACT THE ENGINEERING DNISION, (714) ~8e-1~2, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication ane Vehicular ~ 1. Rights-of-way and easements shall be dedicated to the C~y for all imedor publk: streets, ~ / community trails, public 1;:~1~4~1, publio landac"lFe areal, ~trelt trl~, and public drainage facllitie~ as shown on the plans and/or tentative ma~. Private eealment~ for non-pu134tc facililies (~-Iot drainage, local feeclef Irails, elc.) ~ be rasen~<l as shown on the plans and/or tentative map. ~ 2. Dedication stroll be made of the foilroving dgNs.of-way on tha perimeter streets ---J / (measured from ~treet ~ontefllne): totaf feet on tofaf feet on total feet on 3. An irm~offoroflJedicationfor --/ / for all p~vate streets or d~. 4. Non.vehicuJ' acce~ sl~all be deolcae(I to the Cay for the foaowing mmets: ..--/ / -fool wide roadway ealemenl shall be made SC - 2/91 5. Reciprocal a~cass easements sha, be provk~l ensuing ax:ess to all parcels by CC&Rs or by dem:ls and shall be reoorcled concurrently w#h the map or ~ to tt~ issuance of ./ / U U Ld L~TM orth DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT September 8, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planne~ Nancy Fong, AICP, Senior Planner CONDITIONAL USE PERMIT 88-12 - WESTERN PROPERTIES - A request to amend the approved Uniform Sign Program for Terra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue. At the Planning Commission meeting held on August 25, 1993, the Commission raised concerns with the size and height of the proposed signs. The Commission continued this item to tonight's meeting so that the applicant could show a mock up of the proposed sign at the traffic circle for staff and Commission review. On September 1, 1993, staff and two members of the Commission (McNiel and Vallette) viewed the proposed mock-up sign. Staff video taped the sign and will be showing it at the meeting for Commission review. Attached for reference is the August 25, 1993, staff report. BB:NF:gs Attachments: Exhibit "A" - August 25, 1993, Planning Commission staff report ITEM F DATE: TO: FROM: BY: SUBJECT: August 25, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner CITY OF RANCHO CUCAMONGA STAFF REPORT Nancy Fong, AICP, Senior Planner CONDITIONAL USE PERMIT 88-12 - WESTERN PROPERTIES - A request to amend the approved Uniform Sign Program for Terra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue. ABSTRACT: The purpose of this report is for the Commission to review and approve the proposed identification signs for the Food Court. BACKGROUND: The Commission approved the original Uniform Sign Program for Terra Vista Town Center in February 1989. The Commission has amended the Uniform Sign Program three times since then, including signs for the theatre, Montgomery Wards, Service Merchandise, and various secondary identification, directional, and pedestrian signs for the center. At the time of the last two amendments, the applicant proposed pylon signs to identify the Food Court, and those signs were rejected by the Commission. However, the Commission indicated to the applicant that it would not object to the concept of providing additional identity for the Food Court. The applicant has redesigned the identification signs for the Food Court, which are described and analyzed in the following section. Color renderings of the signs will be available for Commission review at the meeting. ANALYSIS: ae Proposed Food Court Identification SiGns: The applicant indicated that there is a need to create an identity for the Food Court because it is set too far back from Foothill Boulevard. The applicant proposes to add three monument identification signs and one wall sign for the Food Court, as shown on Exhibits 3, 4, and 5. Signs A, B, and C are to be located in the traffic circle (see Exhibits 3 and 4). Sign D is to be placed on the north elevation of Building W (see Exhibit 5). The proposed design is a round emblem with ribbons flaring out on each side, as in a bow, with the Terra Vista Town Center logo in the middle. The monument signs are made of aluminum material and mounted onto pipe railing supported by a low, decorative wall. The monument signs are lit externally while the wall sign is internally illuminated. DesiGn Issues: The design of the Food Court identification sign is very festive looking. It will add interest to the traffic circle and also create an identity for the Food Court. The design of the low decorative wall and the pipe railing fence is consistent with the theme established PLANNING COMMISSION STAFF REPORT CUP 88--12 - WESTERN PROPERTIES August 25, 1993 Page 2 in the center. It will provide a pleasing backdrop for the signs. With regards to the proposed wall sign, the sign is too big for the space provided, causing the round portion of the sign to extend above the roof and below the colonnade opening. The Sign Ordinance does not allow any sign to project above the roof. Alternatives would be to: 1) reduce the wall sign proportionally to fit the wall, 2) use a monument sign along the street, or 3) use 24-inch letters in a wall sign identifying "Food Court." Policy Issue: The proposed monument identification signs are higher and bigger than any signs in the City. This brings forth a policy issue as to how tall and how big a sign can be, given there are no specific requirements because of the "Regional Center" status. The acceptance of the proposed signs for their height and size will set a tone for future signs. RECOMMENDATION: Staff recommends that the Planning Commission conceptually approve the proposed signs through minute action with the following conditions= 1. The materials and colors for the low decorative wall and the pipe railing shall be consistent with the established theme in the center. A revised landscape theme within the traffic circle, that may include the addition of tall shrub massing, colorful ground cover in front of the sign, etc., shall be developed subject to City Planner review and approval 3. The proposed wall sign for the Food Court shall be revised for City Planner approval consistent with Commission discussion. The proposed signs A, B, C, and D shall be renamed as Sign V - Food Court Identification Sign Type, consistent with the format established in the Uniform Sign Program. Revised plans shall be submitted to the Planning Division for review and approval. Respectfully submitted, City Planner BB:NF.*gs Attachments: Exhibit I - Location Map Exhibit 2 - Sign Placement Map Exhibit 3 - Proposed Sign A Exhibit 4 - Proposed Signs B and C Exhibit 5 - Proposed Sign D n '" o ~ .. ~...=,,~'~ [1= ~ Ill I ~ n -u ~ .1