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HomeMy WebLinkAbout1993/11/23 - Agenda Packet[... Z 1977 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION A ENDA TUESDAY NOVEMBER 23, 1993 5:00 P.M. RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHA]LBER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONG&, CALIFORNIA III· IV. I. Pledge of Allegiance II. Roll Call Commissioner Chitiea Commissioner McNiel Commissioner Melcher Commissioner Tolstoy Commissioner Vallette Announcements Approv&l of Minutes November 10, 1993 V. Consent Calendar The following Consent Calendar items are expected to be routine and non-controversial. They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. RESOLUTION OF DENIAL FOR MODIFICATION TO ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE - A request to modify the entertainment permit by allowing entertainment on Sunday and adding entertainment consisting of live bands with 5 or more members, disc jockey, and karaoke, in conjunction with a restaurant and bar located at 6620 Carnelian Avenue in the Neighborhood Commercial District - APN: 208-811-56 through 60. Be ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW 93-17 - SUPRACOTE - A request to construct a 26,007 square foot warehouse addition and a 1,047 square foot office addition for an existing industrial building in the General Industrial designation (Subarea 8) of the Industrial Area Specific Plan, located at 11200 Arrow Route - APN: 208-961-19. Staff recommends issuance of a Negative Declaration. VI. Public Hearings VII. 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. MODIFICATION TO CONDITIONAL USE PERMIT 89-18 - LEWIS DEVELOPMENT COMPANY - A request to construct approximately 46,000 square feet of commercial, retail, and automobile service space within a previously approved shopping center in the Neighborhood Commercial designation of the Terra Vista Planned Community, located at the southeast corner of Base Line Road and Milliken Avenue - APN: 227-181-04, 06, and 08. De ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 93-13 - E & R RANCHO PACIFIC, INC. - A request to construct a ± 61,500 square foot public storage facility on 3 acres of land in the General Industrial designation (Subarea 5) of the Industrial Area Specific Plan, located south of 8th Street on the east side of Hermosa Avenue - APN: 229-211-19. Staff recommends issuance of a Negative Declaration. Ee ENTERTAINMENT PERMIT 93-04 - MANDARIN GARDENS - A request to provide live entertainment, dancing, karaoke, and big screen TV in conjunction with a restaurant use, located at 8034 Haven Avenue - APN: 1077-661-02. Director's Reports REVIEW OF THE ARCHITECTURAL ELEMENTS, SURFACE TREATMENTS. AND LANDSCAPING CONCEPT FOR THE METROLINK STATION AT MILLIKEN AVENUE AND THE SANTA FE RAILROAD TRACKS VIII. XX. X. 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. Commi~iO~ Bu~ines~ 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 CITY HALL CITY OF RANCHO CUCAMONGA DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 23, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Nancy Fong, AICP, Senior Planner MODIFICATION TO ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE - A request to modify the entertainment permit by allowing entertainment on Sunday and adding entertainment consisting of live bands with 5 or more members, disc jockey, and karaoke, in conjunction with a restaurant and bar located at 6620 Carnelian Avenue in the Neighborhood Con~nercial District - APN: 208-811-56 through 60. BACKGROUND: The Comm%ission conducted a public hearing on November 10, 1993, to review the proposed expansion of the entertainment uses. At the hearing, the Commission received public testimony from a resident who objected to the loud music and loud noise from the indoor entertainment and the loitering activities in the parking lot. Following the public testimony, the Commission determined that the proposed entertainment at this location would create a compatibility issue with the residential neighborhood immediately west of the center. The Commission directed staff to prepare the attached Resolution of Denial for the Modification to Entertainment Permit 91-02. Respectfully submitted, Brad Bullet City Planner BB:NF/jfs Attachments: Resolution of Denial ITh~ A RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO ENTERTAINMENT PERMIT NO. 91-02, TO EXPAND THE ENTERTAINMENT TO ALLOW A LIVE BAND, DISC JOCKEY, AND KARAOKE IN CONJUNCTION WITH A RESTAURANT AND BAR LOCATED AT 6620 CARNELIAN STREET IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56 THROUGH 60. A. Recitals. 1. Luanne Pellegrino has filed an application for the issuance of Entertainment Permit No. 91-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 2. On November 10, 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. At that time, the Commission directed staff to prepare a Resolution of Denial for adoption on November 23, 1993. 3. All legal prerequisite~ 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 November 10, 1993, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6620 Carnelian Street and is presently improved with a shopping center; and b. The property to the north is vacant and planned for a future freeway, the property to the south is a shopping center, the property to the east is a shopping center; and the property to the west is single family residences; and c. The original Entertainment Permit was granted for a duet and allowed entertainment on Monday through Saturday between 8 p.m. to 2 a.m.; and PLANNING COMMISSION RESOLUTION NO. EP 91-02 DENIAL - SAM'S PLACE November 23, 1993 Page 2 d. The applicant expanded the types of entertainment to include live bands, disc jockey with karaoke, and lingerie shows and the days for entertainment to include Sunday in violation of Ordinance No. 290 and City Council Resolution No. 91-382~ and e. After receiving the City's notice of violations, the applicant submitted an application requesting modification to the Entertainment Permit to allow entertainment on Sunday and to add live bands, disc Jockey, and karaoke for entertainment~ and f. The City received comments from adjacent residents objecting to the loud music from the entertainment in the bar and loud noise from the loitering activities in the parking lot in the late evening and early morning hours, during the months the applicant illegally expanded the entertainment~ and g. The proposed entertainment will create land use conflict with the westerly residential neighborhood because of the adverse impact of excessive noise coming from Sam's Place in the late evening and early morning hours~ and h. The applicant has not demonstrated that he can be a good neighbor nor comply with the City's codes and conditions of approval because the City has previously received complaints from residents of the same westerly neighborhood objecting to the loud music, noise, and loitering activities coming from Sam's Place and because the applicant continued to violate the City's ordinances and conditions of approval under the permit despite repeated notices from the City to cease the violations and to address the nuisance problems. 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 and the granting of the application would be contrary to the public health, safety, morals, or welfare. b. That the establishment is likely to be operated in an illegal, improper, or disorderly manner. c. That that granting of the application would create a public nuisance. d. That the normal operation of the premises would interfere with the normal peace and quiet of any surrounding residential neighborhood. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application. PLANNING COMMISSION RESOLUTION NO. EP 91-02 DENIAL - SAM'S PLACE November 23, 1993 Page 3 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 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 23rd day of November 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DATE: TO: FROM: BY: SUBJECT: November 23, 1993 CITY OF RANCHO CUCAMONGA STAFF REPORT Chairman and Members of the Planning Comm~ission Brad Buller, City Planner Scott Murphy, Associate Planner ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW 93-17 - SUPRACOTE - A request to construct a 26,007 square foot warehouse addition and a ],047 square foot office addition for an existing industrial building in the General Industrial designation (Subarea 8) of the Industrial Area Specific Plan, located at 11200 Arrow Route APN: 208-961-19. PROJECT AND SITE DESCRIPTION: South East West Surrounding Land Use and Zoning: North Industrial Building; Industrial Specific Plan Subarea 8 (General Industrial) Vacant; Industrial Specific Plan Subarea 8 (General Industrial) - Vacant; Industrial Specific Plan Subarea 8 (General Industrial) - Industrial Building; Industrial Specific Plan Subarea 8 (General Industrial) General Plan Designations: Project Site - General Industrial North - General Industrial South - General Industrial East - General Industrial West - General Industrial C. Site Characteristics: The applicant currently maintains a 122,650 square foot facility on the north side of Arrow Route, east of Maple Place. The majority of the building is constructed of pre-fabricated metal siding. A small office area on the front incorporates a brick facade. Also, a concrete tilt-up structure is provided at the rear of the site for hazardous material storage. The site is bounded on the east and north by a rail spur and the west by a concrete tilt-up building. A rail spur also runs along the westerly portion of the site serving the rear of the existing Supracote building. ITMM B PLANNING COMMISSION STAFF REPORT DR 93-17 - SUPRACOTE November 23, 1993 Page 2 D. Parking Calculations: Type Square of Use Footage Office 7,960 Warehouse 20,000 20,000 101,743 ANALYSIS: Number of Number of Parking Spaces Spaces Ratio Required Provided 1 space/250 sq. ft. 32 39 I space/1,000 sq. ft. 20 20 1 space/2,000 sq. ft. 10 10 1 space/4,000 sq. ft. 25 25 87 94 General: The applicant is proposing to develop a 26,007 square foot warehouse addition attached to the rear of the existing building. The building will be designed using prefabricated metal siding consistent with the existing building. The new addition will not be visible from the public street because of the configuration of the current building. The 1,047 square foot addition will be provided at the second-story level within the proposed warehouse addition. Design Review Co~m~ittee: The Design Review Co~nittee (Melcher, McNiel, Coleman) reviewed the plans on November 2, 1993. The Committee noted that typically metal buildings are limited to construction within the Minimum Impact Heavy Industrial and Heavy Industrial designations. The Industrial Specific Plan does, however, allow the expansion of existing facilities consistent wi~h their present design. The proposed addition is a metal design consistent with the warehouse, production line, and water treatment building. Therefore, the Design Review Comm%ittee thought the use of the metal siding was appropriate in this application. The Committee recommended approval of the plans as submitted by the applicant. C. Environmental Assessment: Staff has completed Part II of the Initial Study and determined that the project will not have a significant impact on the environment. If the Planning Commission concurs, issuance of a Negative Declaration would be appropriate. RECOMMENDATION: Staff recommends that the Planning Commission issue a Negative Declaration for the project. The project will then be submitted for City Planner approval. Respectfully submitted, Brad Buller City Planner Attachments: Exhibit "A" - Utilization Map Exhibit "B" - Site Plan Exhibit "C" - Building Elevations z: DATE: TO: FROM: BY: SUBJECT: November 23, 1993 CITY OF RANCHO CUCAMONGA STAFF REPORT Chairman and Members of the Planning Cormnission Brad Bullet, City Planner Scott Murphy, Associate Planner MODIFICATION TO CONDITIONAL USE PERMIT 89-18 - LEWIS DEVELOPMENT COMPANY - A request to construct approximately 46,000 square feet of commercial, retail, and automobile service space within a previously approved shopping center in the Neighborhood Commercial designation of the Terra Vista Planned Community, located at the southeast corner of Base Line Road and Milliken Avenue - APN: 227-181-04, 06, and 08. PROJECT AND SITE DESCRIPTION: Surrounding Land Use and Zoning: North - Vacant; Victoria Planned Colunity (Medium-High Residential, 14-24 units per acre) South - Vacant; Terra Vista Planned Co~nunity (Low-Medium Residential, 4-8 dwelling units per acre) East - Vacant; Terra Vista Planned Corm%unity (MediL~n-High Residential, 14-24 dwelling units per acre) West - Vacant and Townhomes; Terra Planned Vista Planned Co~nunity (Office/Professional and Medium Residential, 8-14 dwelling units per acre) General Plan Designations: Project Site - Neighborhood Colercial North - Low-Medium Residential (4-8 dwelling units per acre) South - Medium-High Residential (14-24 dwelling units per acre) East - Medium-High Residential (14-24 dwelling units per acre) West - Neighborhood Comm%ercial and Low-Medium Residential (4-8 dwelling units per acre) Site Characteristics: The site is presently developed with a supermarket, retail shops, and a fast food restaurant. A bank is presently under construction at the northern end of the site. The parking lot for the majority of the center has been completed. Perimeter and Phase 1 landscaping has been installed. PLANNING COMMISSION STAFF REPORT CUP 89-18 - LEWIS DEVELOPMENT COMPANY November 23, 1993 Page 2 D. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Neighborhood 112,998 4.5 spaces/ 509 526 Shopping Center 1,000 sq. ft. Total 509 526 ANALYSIS: Background: On June 27, 1990, the Planning Commission approved the Master Plan for Central Park Plaza and the Phase 1 detail plans consisting of Ralph's (Major 1), Thrifty (Major 2), and Shops 1, 2, and 3. The initial approval established the layout of buildings and parking within the center and the architectural theme for the project. More recent approvals include Carl's Jr. drive-thru restaurant (Pad "B" along Milliken), Pad "E" (northeast corner of the site), and Pomona First Federal Bank (Pad "D" along Base Line Road). General: With this application, the applicant is requesting approval for the balance of the free-standing pads (Pads "A" and "C"). Pad "A" is proposed as a 6,380 square foot building to be used by Goodyear Tire Company. The building has been designed with the service bays facing the interior of the property so as not to be visible from the public streets. Pad "C" is designed as a 5,450 square foot office building with the potential tenant being Tarbel Realty. The office is designed around the existing plaza located at the northwest corner of the project. In addition to the free-standing pads, the applicant is proposing a redesign to Major 2 (previously Thrifty). Major 2 will be split into two smaller units, a 9,750 square foot unit and a 6,050 square foot unit. This change has resulted in modifications to the facade to create two primary entries for both users. Also, the applicant has introduced a gable roof element on Shop 2 to provide relief for the elevation. Design Review Committee: The Design Review Con~nittee has reviewed the proposal on two separate occasions. Originally, the Design Review Committee (Melcher, Vallette, Coleman) reviewed the proposal on September 14, 1993, and recommended several revisions to the site plan and elevations. Subsequently, the revised plans were submitted for Design Review Con~nittee consideration on October 19, 1993. At that time, the Committee (Melcher, McNiel, Coleman) reviewed the application and recommended approval subject to the following conditions: All roofs should be designed consistent with the roof plan submitted. The roofs should appear complete and not "chopped off." PLANNING CO~4ISSION STAFF REPORT CUP 89-18 - LEWIS DEVELOPMENT COMPANY November 23, 1993 Page 3 The handicap spaces on the east side of Pad "C" should be relocated to the south side of the building. Hardscape/landscaping should be provided on the east side of the building. Details at the southwest corner of the Goodyear building should be worked out with staff. The detailing at the northwest corner of Pad "C" should be revised to eliminate the awkward transition from the flat window head to the arched soffit. Environmental Assessment: In approving the original Conditional Use Permit, the Planning Co~Taission issued a Negative Declaration for the project. In that the proposed modification is in substantial conformance with the original approval, the previous Negative Declaration adequately addresses the environmental impacts. Therefore, no additional review is necessary. RECO~[ENDATION: Staff recommends that the Planning Commission approve the modification to Conditional Use Permit 89-18 through adoption of the attached Resolution. City Planner BB:SM:mlg Attachments: Exhibit "A" - Area Development Plan Exhibit "B" - Site Plan Exhibit "C" - Building Elevations Resolution of Approval // ~ xuYd l RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERNIT NO. 89-18, A REQUEST TO CONSTRUCT APPROXIMATELY 46,000 SQUARE FEET OF COMMERCIAL, RETAIL, AND AUTOMOBILE SERVICE SPACE WITHIN A PREVIOUSLY APPROVED SHOPPING CENTER IN THE NEIGHBORHOOD COMMERCIAL DESIQNATION OF THE TERRA VISTA PLANNED COMMUNITY, LOCATED AT THE SOUTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-181-04, 06, AND 08. A. Recitals. 1. Lewis Development Company has filed an application for the issuance of a modification to Conditional Use Permit No. 89-18, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit modification request is referred to as "the application." 2. On the 23rd day of November 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. 3. 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 November 23, 1993, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southeast corner of Base Line Road and Milliken Avenue with a street frontage of 900 feet on Base Line Road and 760 feet on Milliken Avenue and is presently developed with a supermarket, retail shops, and a fast food restaurant; and b. The property to the north of the subject site is designated for residential uses and is vacant, the property to the south is designated for residential uses and is vacant, the property to the east is designated for residential uses and is vacant, and the property to the west is designated for office/professional and residential uses and is vacant and developed with townhomes; and PLANNING COMMISSION RESOLUTION NO. CUP 89-18 - LEWIS DEVELOPMENT COMPANY November 23, 1993 Page 2 c. The development of the commercial/retail buildings consistent with the Neighborhood Commercial designation of the Terra Vista Planned Community and the Neighborhood Commercial designation of the General Plan; and d. The application, with the attached conditions of approval, will comply with all applicable standards of the DeveloI~ent 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 i and 2 above, this Commission hereby finds and concludes as follows= a. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. That the proposed use complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the california Environmental Quality Act of 1970 and, further, the Planning Commission issued a Negative Declaration on June 27, 1990. Further, this Commission finds that the application is in substantial compliance with the original approval for which the Negative Declaration was issued. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. P!annina Division 1) All applicable conditions of approval for Conditional Use Permit 89-18, as contained in Resolution No. 89-18 shall apply. 2) All roofs shall be designed consistent with the roof plan submitted. The roofs shall appear complete and not "chopped off." The final plans shall be reviewed and approved by the City Planner prior to the issuance of building permits. 3) The handicap spaces on the east side of Pad shall be relocated to the south side of the building and replaced with hardscape/ PIJ%NNING COMMISSION RESOLUTION NO. CUP 89-18 - LEWIS DEVELOPMENT COMPANY November 23, 1993 Page 3 landscaping. The final plan shall be reviewed and approved by the City Planner prior to the issuance of building permits. 4) The details at the southwest corner of the Goodyear building shall be reviewed and approved by the City Planner prior to the issuance of building permits. The detailing at the northwest corner of Pad shall be revised to eliminate the awkward transition from the flat window head to the arched soffit. The final plan shall be reviewed and approved by the City Planner prior to the issuance of building permits. Enaineerin~ Division 1) Install a traffic signal at the intersection of Terra Vista Parkway and Milliken Avenue. The developer shall receive credit against, and reimbursement of costs in excess of, the Transportation Development Fee in conformance with Ordinance No. 445. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 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 23rd day of Nove~ber 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT #: APPLICANT: LOCATION: ~o~ items c~ APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 988-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Llmltl 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 ap13roval. Development/Design Review shell be apl~oved prior to / I Approval of Tentative Tract No. is granted su~ect to the approvat of / / / / The developer shall commence, perllCtDate in, and consummate or cause to be commenced, parlicipated in, or consummated, a Melld-Roo$ Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance o! a fire station to sswe the development. The station shall be located, designed, and built to all specilicatlons of the Rancho Cucamonga Fire Protection District, and shall become the District's propeft,/upen completion. The eduipment shall be $elacted by the District in accordance with its needs. In any building of a station, the developer shall com131y with all al:~icabie laws and regulations. The CFD shall be lotmad by the District and the developer by the time recordation of the final ma,o Prior to recordation of the final map or the issuance of building permits, whichever comes first, the aDl~licant shell consent to, or patticiliate in, the establishment of a Melk>.Roos Community Facilities District lot the construction and maintenance of necassaty school facilities. However, if any school district has previously established such a Community Facilities District, the apl:)licant shall, in the alternative, conaent to the annexation of the project site into the territory of such existing Distdct prior to the recordation of the final map or the issuance ol building permits, whichever comes llrat. Further, it the affected school district has not formed a Mello-Roos Community Facilities Distdct within twelve months from the date of ap13roval of the project and rxior to the recordation of the linal map or issuance of building permits for said project, this condition shall be deeme(l null and void. SC. 2/9 t This condition shall be waived if the C~ receives notice that the al~licant and all afiecte~ so,col cllmdc~s have entered into an agreement to privateS/accommodate any and all scheol imlN!cls as a result of this project. Prior to recordation of the tinal map or pdor to issuance of building permits when no map is involved, wrifian certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Depanmant of Community Development. Such letter must have been issued ~ the water district wit bin 90 days prior to linel map approval in the case of sulx!ivision or prior to *msuance of permits in the case of all other rasiclentlai IXOlects. B. Site Devatopm~nt 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials taxi colore, lands~, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Co~ regu~iorm, and Planned Community. 2. Prior to any use ot the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the sst~taction of the City Planner. Occupancy of the facility shall nof commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall be su13mifted to the Rancho Cucamonga Fire Protection Distrlol and the Building and Safety Division to show compliance. The building shall be inepe~od for compliance pdor to 4. Reviseq site plans and buik:Jing elevations incOl~X)reting all Conditions of Approval shall be submitted !or City Planner review and approval pdor t~ issuance of building parmits. All site, grading, landscape, 'wdgation, and street improvement plans shall be coordinated for consistency prior to issuance o~ any permits (such as grading, tree removal, encroachment, building, etc.), or I:Xior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes flint. Apl:xoval of this requasl shall not waive compllan~ with all sections ot the Development Code, all other app#ca131e City O~linancos, and al;lYi(-'-Ic Community Plans or Specific Plans in effect at the time ol Building Permit issuance. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Shariff's Depafiment (989-6611) I~tor to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect edlacent ixopertJas. 8. If no centralized trash recoptacias are pmv~ed, all trash pick-up shall betor individual units with all receptacles shielded from public view. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and tha number of trash receptacles shall be subiact to City Planner review and approval prior to issuance of building permits. 10. All ground-mounted utility appufianancos such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination ot concrete or masonry wails, barming, and/or landscaping to the satisfaction of the City Planner. 2/91 / ,/ / / __Y / ._._/ / / /_ __J / / / __/ / / / / / / / 11. Street names shall be submitted for City Planner review and approval in accordance with the adep~ed Street Naming Policy prior to approval of the final map. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval pdor to approval and recordation of the Final Tract Mar) and pho r to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and (Irainage 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 seld animals have been met. Individual lot owners in subdivisions ~all have the oplion of kesplng said animals without the necessity of appealing to beards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Inco~3oratlon of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be reoon~cl concurrarefy with ~ Final Map or prior to the issuance of building permits, whici~ever occurs tirst. A recon:ted copy shall be provided to the City Engineer. 16. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proot 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 dgllt to receive sunlight across adjacent lots or units for use of a solar enen~]y system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded conc~jrrerttly with the recordatiorl ot 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, excelX for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 18. The project contains a designated Histo~al Landman. The site shall be developed and maintained in accon:lance with the Historic Landmark Aiteratioe Pem~it No. · Any further modifications to the site including, but not limited to, exterior alterations and/or int edor alterations which affect the exterior ot the buildings or structures, removal of landmark trees, demolition, reiocation, reconstruction of buildings or structures, or changes to the site, shall require a moclification to the Historic Lartclma~k Alteration Permit subject to Historic Preservation Commission review and ap0mval. C. Building Dealgn 1. An alternative energy system is re(luired to provide domestic hot water for all dwelling units and for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be sul:xnitted for City Ptanner review and aDproval prior to the issuance of building permits. SC - 2/91 2. All dwellings shall have the front, side and rear elavations upgraded with architectural treatment, detailing and increasecl delineation of surface treatment subject to City Planner review and approval prior to issuance of building permits. Competitor. / /-, / / / / / / / / / / / / ,/ / 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 parmits. 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 inciude(l in building plans. D. Parking and Vehicular ACCtll (In~liclte dermill O~ bulk:ling planl) v/ 1. All parking lot landscape isfande shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). V/ 2. ,/ Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to cortnect dwelltnga/unitsrou#dings with open spaces/ plazas/recreational uses. 3. All parking s13aces shell be double striped par City standards and all driveway aisles, entrances, and exits shall be stripad par City standards. 4. All units shall be provided with garage door openers if driveways are less than 18 lest 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 trans!x~tation tor the owner and prohibit parking on interior circulation aisles other than in clesigrtated visitor paddng areas. o Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval pdor to issuance of building pain,its. E. Lindaping (~ publlc~ mlln~lnld/ndl~ i~, rl#r to ~ N.) A detailed landscape and irrigation plan, including slope planting and model home landscap- ing in the case of residential deveiolDmant, shall be prepared 13,/a #censod landscape architect and submittad for City Planner review and apl~oval prior to the issuance of building permits or prior final map al:~al in the case of a custom iot suIxltvleion. Existing trees required to be preserved in pieca shall be protected with a construction barrier in acco rclance with the Municipal Code Sectk~ 19.08.110, and so noted on the grading plans. The iocation of those tre~ to be preservad in place and new locations for trans,anted trees shall be shown on the cletalled lanOscape plans. The applicant ~ toliow all of the a~oodst's recommendations regaling press~vation, transplanting and tdmming methods. ° A minimum of trees per gross acre, co~ of tl~ following sizes, shall ba proviclad within the project: % - 48- inch box or larger, % - 36- inch box or larger, __ % - 24- inch t)ox or larger, % - 15-galion, and __ % - 5 gallon. A minimum of ;-7~ % of trees planted within the project shall be specimen size trees - 24-inch box or larger. Within perking lots, trees shell be planted at a rate of one 15-galion tree for every three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. _./ / / / __/ / / / _./ / /, / / / · / /_ / / / / / / / / / /_ SC - 2/9! 4 4.r,j~ J 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 feet or less in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover tor erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer phor to occupancy. All private slopes in excess of 5 feet, but less than 8 feet invertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1 -gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In actdition, 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 shmb~ 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 !l~dving condition by the developer until each irg!lvlduat unit is sok:landoccupledbythebuyer. Priortoreisasingoccupancytorthoseunits, an inspection shall be conducted by the Planning Division to determine that they are in setlalactory 10. For multi-family residential and non-residential development, property owners are respen- s~ie for the continual maintenance of all landscaped areas on-alta, as well as contiguous planted areas within the public right-of.way. All landscaped areas shall be kelX 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 date of damage. 11 · Front yard landscaping shall be required per the Development Code and/or · This requirement shall be in ed~ftion to the required street trees and slope planting. 12. The final design of the perimeter ba~'ways, walls, landacaplng, and sidewalks shall be incluckKi in the requir~l lan~ plans and M!all be sul::~act to City Planner review and approval and coorclinated lot 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 sio~ewalks (with horizontal change), and intensified landsoaping, is required along .~/ / .__/ / / / ._J / / / __J / / / ,,,,' 14. Landscaping and irrigation systems required to be inatalled within the public dght-ot.way on the perimeter of this project area shall be contlraJoualy rnalntalne(I I~/the claveloper. 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coorclinated with the Engineering D'~sion. 16. Tree maintenance criteria Shall be developed and su13mitted for City Planner review and approval prior to issuance of building permits. These criteha shall eru~,Jrage the natural growth characteristics of the selected tree species. 17. Landscaping and irrigation shall be designed to consewe water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. / /__ 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 com131y 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 prior to issuance of building permits. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupanoy and shall require separate aP1311catlon and approval by the Planning Division p~or to issuance of building permits. G. Environmental The developer shall provide each prospective buyer written notice ol 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 proparty. The developer shall provide each prospactive 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 lot 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 if appmpelate, verify the ade¢luacy of the mitigation measures. The building 13lane will be checked for conformance with the mitigation measures contained in the final report. H. Other Agencle~ ,/ ,/ 1. Emergency secondary access shall be peovlded in accordancewith Rancho Cucamonga Fire Protection District Standards. Emergency access shell be provided, maintenance Iree and clear, a minlrr~m of 26 lest wide at all times during conetraction in a__ec~_rdance with Rancho Cucamonga Fire Protection District requifements. Prior to issuance ol building permits for combustible construction, evidence shall be submitted to the Rancho Cucamonga Fire Protection District that tem13orary water supl~ for fire protection is available, pending con131ation of required fire protection system. The ap1311canf shall contact me U.S. Postal Service to determine the apl~ate type and location of mail boxes. Multi4amity residential developments shall provide a solid ovemead structure for mail boxes with adequate lighting. The final location of me mall boxes and the design of the ovemead structure shall be Subject to City Planner review and aplxoval prior to the issuance of building panTtits. / / / / __/ / / / __./ / / / /. / __/ / / / / / For projects using SelXiC tank facilities, written celt#Cation of acceplability, including all sul:)!:)ortive information, shall be oMained from me San Bernardino County Department of Environmental Health and submitted to the Building Oeliciai lidor to the issuance of Septic Tank Pen'nits, and prior to issuance of building pertnits. / I APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) g89-1863, FOR COMPLIANCE WITH THE FOLLOWING COHDITIONS: I. Site Develol~tent ,/ The applicant shall comply with the latest adopted Uniform Building Code, Uniorm Mechani- cal Co~e, Unitorm Plumbing Code, National Electric Code, and all other ap~lcable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safely Division for copies of the Code Ntop~ion 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 appiioant shall pay development fees at the established rate. Su~ fees may include, but are not limited to: City Beautifioation Fee, Pa~ Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, end School Fees. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing deveioprnent, the appiicant shall pay deveiof)ment 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. Street addresses shall be provided by the Building Official, after tract/parcat map recordation and prior to issuance of building permits. J. Existing Structur~ K. Gredlng Provide compliance with the Uniform Building Code for the property line clearances considering use, area. and fira-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 shah be removed, filled and/or capped to comply with the Uniform Plurr~ing Code and Uniform Building Code. Undengmund on-site utilities are to be located and sitown on bulk:ling plans submitted for building permit application. Grading of the subiect property shall be in accon:lam~ with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall 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. D~=umentafion of such permit shell be submitted to the City prior to the issuance of rough grading permit. A geological report shell be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 5. The final grading I~ans shall be completed and approved prior to issuance of building permits. C..om~on Dat~: / / .._./ / / / / / ._./ / ../ / / / ,, / / , / / / / / / / / 6. As a c~;om-lot subdivision, the lollowing requirements shell be met: a. Surety shall be posted and an agreement executed guaranteeing corr~)letion of all on-site drainage facilities necessary Ior dewatering all parcels to the satislaction of the Building and Safety Division prior to final map al~roval and prior to the issuance of grading permits. b./koproprlate easements for safe disposal of drainage water that are conducted onto or over ediacent parcels, are to be delineated and recorded to the satisfaction ol the Building and Safety Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for dewatering and protecting the subdivided properties, are to be installed prior to issuance of building permits fir 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 building and grading permits. (This may be on an incremental or composite basis.) All slope banks in excess of 5 feet in vertical heigh~ shall be seeded wtttt native grasses or planted with ground cover for erosion control upon mmplatldn of grading or some other alternative method of erosion control shall be completed to the satisfaction of the Building Official. In addition a permanent irrigation system shall be provided. This requirement does not release the applioant/deveioper from compliance with the slope planting requirements of Section 17.08.040 I of the Development Code. Pm&~-'t .N'o.£ ~,/~' ~/ / / / / _../ / / / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (714) 9ee-1862, FOR COMPLIANCE WITH THE FOllOWING CONDITIONS: L. Decllc:atlon and Vehicular Acce~. 1. RigNs-of-way end easements shall be declioated to the City for all interior public streets. community trails, public passos, public landscape areas, street trees, and public drainage lacilitles as shown on the plan8 and/or tentative map. Private easements for non-pu13#c facilities (cross-lot drainage, local leeder trails, etc.) shall be reeen~:l as shown on the plans anct/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 lest on 3. An irrevocable offer of dedication lor · for all private streets or drives. 4. Non-vehicular accesS shall be dedicated to the City lot the lollowing streets: -foot wide roadway easement shall be macle / / .__/ / / / / / SC - 2/91 5. Reciprocal aocesS easements shall be provided ensuring access to all parcels t)y CC&Rs or I:)y deeds and shall be recomecl concurmntty with the map or prior to the issuance of building permitS, where no ma,o is involved. ./ / DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 23, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, Associate Planner ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 93-13 - E & R RANCHO PACIFIC, INC. - A request to construct a ± 61,500 square foot public storage facility on 3 acres of land in the General Industrial designation (Subarea 5) of the Industrial Area Specific Plan, located south of 8th Street on the east side of Hermosa Avenue - APN: 229-211-19. Staff reco~ends issuance of a Negative Declaration. PROJECT AND SITE DESCRIPTION: Surrounding Land Use and Zoning: North - Industrial Specific Plan, General Industrial (Subarea 5); Single family residences South - Industrial Specific Plan, General Industrial (Subarea 5); Single family residence and vacant land East - Flood Control; Deer Creek Flood Control Channel West - Industrial Specific Plan, General Industrial (Subarea 5); Church and single family residences General Plan Designations: Project Site - General Industrial North - General Industrial South - General Industrial East - General Industrial West - General Industrial Site Characteristics: The site is currently occupied by a single family residence surrounded by a number of fruit trees. The balance of the site is covered with grapevines and brush. ANALYSIS: General: The applicant is proposing to develop a ±61,500 square foot public storage facility. The facility will contain an office and a caretaker's residence for security. Access to the site will be gained from Hermosa Avenue. The perimeter buildings will be single-story and will resemble a wall from the perimeter. The interior structures will be slightly taller to accommodate recreational vehicle parking within the enclosed building. IT~4 D PLANNING COMMISSION STAFF REPORT CUP 93-13 - E & R RANCHO PACIFIC November 23, 1993 Page 2 Ce Variance: On October 13, 1993, the Planning Commission considered a variance request to reduce the setback for residential uses from 45 feet to 0 feet. During the hearing, the Commission expressed concern about the lack of landscaping along the north property line to soften the wall appearance. Ultimately, the Commission approved the variance with a condition requiring landscaping to be installed along the property line or within the rear yards of the residences. Design Review Comittee: The Design Review Comittee (McNiel, Melcher, Coleman) reviewed the application on November 4, 1993, and recommended approval subject to the following conditions: Vine pockets should be provided along the north property line at 8 feet on center. The parking lot orientation should be reversed to provide a deeper stacking depth. If a flood wall is required along Hermosa Avenue, the wall should be decorative block (i.e., split-face block). 4. The wrought iron fence connection to the office should be worked out with staff. 5. The fascia should be designed to prevent roof drainage from running over the fascia, creating discoloration and a maintenance problem. Technical Review Committee: During the review process, the Committee noted that the hydrology study submitted by the applicant does not provide sufficient information to determine the impact on adjacent properties as a result of the site and street improvements. Staff is continuing to work with the applicant to determine what impacts, if any, might be expected. If, however, successful resolution of the issue is not obtained, staff reco~ends that the application be continued for two weeks to allow for additional review of the situation. Environmental Assessment: In completing Part II of the Initial Study, staff identified that the site was located in a potential flood hazard area (Zone A). To analyze possible impacts on the site and adjacent properties, a hydrology report was required (see "Technical Review Committee"). This study determined that a 2-foot flood wall was required to protect the site. The study, however, does not provide sufficient information to determine the impacts on adjacent parcels. Until this issue is addressed, staff cannot determine whether the project will have any significant adverse effects. If sufficient information is provided prior to the Planning Co~ission meeting and mitigation measures, if any, are identified and made a part of the approval, a Negative Declaration can be issued for the project. Otherwise, staff reco~ends a two-week continuance to resolve this issue. PLANNING COMMISSION STAFF REPORT CUP 93-13 - E & R RANCHO PACIFIC November 23, 1993 Page 3 RECOMMENDATION: If the hydrology report is determined to be adequate to address potential flood hazards, staff reco~nends approval of Conditional Use Permit 93-13 and issuance of a Negative Declaration. If the hydrology report is determined to be inadequate, staff recommends a two-week continuance. BB:SM/jfs Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Site Plan Exhibit "C" - Landscape Plan Exhibit "D" - Grading Plan Exhibit "E" - Elevations Resolution of Approval ?_,~_._: _- I ',, -. / I, ',~ NY~d 3SIS (606) <C n I,I I I I~1 I I~1 ! 2982-086 (606) t RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-13, A REQUEST TO CONSTRUCT A · 61,500 SQUARE FOOT PUBLIC STORAGE FACILITY ON 3 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 5) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED SOUTH OF 8TH STREET ON THE EAST SIDE OF HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-211-19. A. Recitals. 1. E & R Rancho Pacific, Inc. has filed an application for the issuance of Conditional Use Permit No. 93-13, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 23rd day of November 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. 3. 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 November 23, 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 south of 8th Street on the east side of Hermosa Avenue with a street frontage of 210 feet and lot depth of 465 feet and is presently developed with a single family residence; and b. The property to the north of the subject site is designated for industrial uses and is developed with single family residences, the property to the south is designated for industrial uses and is developed with a single family residence and vacant land, the property to the east is designated for flood control and contains a flood control channel, and the property to the west is designated for industrial uses and is developed with a church and single family residences; and PLANNING COMMISSION RESOLUTION NO. CUP 93-13 E & R RANCHO PACIFIC November 23, 1993 Page 2 c. The development of the public storage facility is consistent with the General Industrial designation of the Industrial Area Specific Plan and the General Industrial designation of the General Plan; and d. The application, together with the attached Conditions of Approval, will comply with all applicable standards of the Development Code; and e. The propmrty is located within a flood zone and the frontage conBists of an open concrete box storm drain which will be capped in conjunction with the street improvements and a 2-foot high flood wall will be constructed to protect the project. 3. Based upon the substantial evidence presented to this Con~nission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs i and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. That the proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the 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 mitigated 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 been incorporated into the proposed environmental effects will occur. changes and alterations which have project, no significant adverse 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 PLANNING COMMISSION RESOLUTION NO. CUP 93-13 E & R RANCHO PACIFIC November 23, 1993 Page 3 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. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division Vine pockets shall be provided along the north property line at 8 feet on center. The variety and location shall be shown on the final landscape plan which is subject to review and approval by the City Planner prior to building permit issuance. 2) Extensive landscaping shall be provided along the Hermosa Avenue frontage. The final landscape plans shall be approved by the City Planner prior to building permit issuance. 3) The parking lot orientation shall be reversed to provide a deeper stacking depth. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance. 4) If a flood wall is required along Hermosa Avenue, the wall shall be decorative block. The final design shall be approved by the City Planner prior to building permit issuance. The wrought iron fence connection to the office shall be reviewed and approved by the City Planner prior to building permit issuance. 6~ The fascia shall be designed to prevent roof drainage from running over the fascia, creating discoloration and a maintenance problem. The final design shall be approved by the City Planner prior to building permit issuance. 7) Pursuant to provisions of California Public Resources Code Section 21089(b}, this application shall not be operative, vested or PLANNING COMMISSION RESOLUTION NO. CUP 93-13 E & R RANCHO PACIFIC November 23, 1993 Page 4 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 Sen 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. EnQineerino Division 1) The existing overhead utilities (telecommunications) on the project side of Hermosa Avenue shall be undergrounded from the first pole off-site north of the project's north boundary to the first pole off-site south of the project's south boundary, prior to public improvement acceptance or occupancy, whichever occurs first. In addition, an in- lieu fee as contribution to the future undergrounding of the utilities on the opposite side of Hermosa Avenue shall be paid to the City prior to the issuance of building permits. The fee shall be one-half of the difference between the undergrounding cost of the utilities (electrical) on the opposite side of the street minus those (telecommunication) on the project side times the length of the project frontage (210 feet). 2) Prepare a centerline profile for Hermosa Avenue to the satisfaction of the City Engineer. Then design project frontage improvements with a crown section symmetrical about that centerline, including future west side improvements to be installed by others. PLANNING COMMISSION RESOLUTION NO. CUP 93-13 E & R RANCHO PACIFIC November 23, 1993 Page 5 In order to install ultimate street improvements on the east side of Hermosa Avenue while preserving the interim drainage capacity of the existing channel, the existing facility shall be bridged with a reinforced concrete cap to the satisfaction of the City Engineer. The bridge shall extend along the entire project frontage. South of the project's south boundary, provide for an intercept of surface flows into the existing o~en channel. The strength of the bridge shall be sufficient to support the outer traffic lane of a Secondary Arterial street without transferring additional stresses to the existing channel walls. The bridge shall be structurally designed with structural calculations prepared by a Registered Engineer and approved by the City Engineer. The existing channel walls shall have their tops removed as necessary to fit the street improvement section and the space between the existing channel walls and the bridge shall be sealed, allowing the channel/culvert to flow full without eroding the bridge supports. The Final ~rainage Study shall determine the following: a~ Calculate the revised capacity when the existing open channel is converted to a culvert, using actual frontage conditions for slopes, depths, etc. b) Use 2,627 cfs for Q100 reaching the project site in the interim condition prior to the installation of a master plan storm drain in Foothill Boulevard, or calculate Q100, and determine how much of that will become surface flow once the culvert is installed. Design frontage street improvements needed to accommodate the Q100 surface flows, possibly including curb adjacent sidewalk and flood walls. Determine the impacts of these improvements on across-the-street properties and, if necessary, propose mitigation measures. PLANNIN~ COMMISSION RESOLUTION NO. CUP 93-13 E & R RANCHO PACIFIC November 23, 1993 Page 6 5) Install frontage improvements along Hermosa Avenue in conformance with the approved final drainage study and centerline profile. Provide transitions to existing improvements off-site to the satisfaction of the City Engineer. If a flood wall is determined to be needed, all driveway access across the wall shall be ramped over the Q100 water surface elevation and the flood wall wrapped to provide a continuous seal. Install all off-site drainage mitigation measures directed by the City Engineer, 6) The project driveway shall align with the existing driveway on the west side of Hermosa Avenue. The minimum distance from the street face of curb to the nearest edge of a parking stall perpendicular to the entrance drive aisle shall be 50 feet. 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 the issuance of building permits. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 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 Con~ission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of November 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)98~1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Llmlte c_,,m~ v/" 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 of ~ / SC - 2/91 4. The deveioper shall 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 Protection District to finance construction and/or maintenance of a fire station to serve the development. The station shell be located, designed, and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the District's property upon completion. The equipment shell be selected by the District in accordance with its needs. In any building of a station, the developer shell comply with all applicable laws and regulations. The CFD shell be 1ormed by the District and the developer by the time recordation of the final map 5. Prior to recordation ol the final map or the issuance of building permits, whichever comes / / first, the applicant shall consent to, or participate in, the establishment of a Melio-Roos Community Facilities District for the construction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities District, the applicant shell, in the aitemative, consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits, whichever comes tirst. Further, it the affected school district has not 1orrned a Mello-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. This condition shall be waived it 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 linal map or prior to issuance of building permits when no map is involved, written certilication from the affected water district that adequate sewer and waler facilities are or will be available to serve the proposed project shall be submitted Io the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development v'/ 1. The site shell be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colore, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and ~V23~'~',~v'~4.~ 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. Occupancy ol the facility shell not commence until such time as all Uniform Building Code and 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 pdor to occupancy. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for C~ Planner review and approval prior to issuance of building parmits. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency pdor to issuance o! any permits (such as grading, tree removal, encroachment, building, etc.), or prior to tinal map approval in the case ol a custom lot subdivision, or approved use has commenced, whichever comes first. Approval of this request shall not waive compliance with all sections ot the Development Code, all other aliicable City Ordinances, and aisle Commun~ Plans or Specific Plans in effect at the time of Building Pen'nit issuance. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Sheriff's Department (989-6611) p~or to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent proparties. 2/91 If no centralized trash receptacles are provided, all trash pick-up shall befor 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 subject to City Planner review and approval prior to issuance of building permits. 10. All ground-mounted utility appurtenances such as transtormers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, betming, and/or iandsca13ing to the satisfaction of the City Planner. Comoieuo~ D&t~: / / / / / / / / .~/ / / / / / / /_ 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 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 tot 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 Ol:Xion ol keeping said animals without the necessity of appealing to beards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation ol the Homeowners' Association are subject to the approval 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. whicttever occurs lirst. A recorded copy 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~osa of assuming that each lot or dwelling unit shall have the right Io receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be containe{] in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation 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 lot utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 18. The project contains a designated Historical Landmark. The site shall be developed and maintained in accordance with the Historic Landmark Alteration Permit No. · Any further 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 ot landmark trees, demolition, relocation, reconstruction of buildings or stnJctures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Cornmission review and approval. C. Building Design An alternative energy system is required to provide domestic hot water for all dwelling units and tot 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 supplemenled 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. 2/91 All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to City Planner review and approval pdor to issuance of building permits. / /.l / / J, , J _._/ / / / / / / / / / 3. Standard patio (:over 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 lrom 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 Acceu (Indicate detall~ on building plane) ~// 1. All penking lot landscape islands shall have a minimum outside dimension ot 6 leet and shall contain a 12-inch walk adjacent to the panking stall (including curb). Textured pedestrian pethways and textured pevement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open speces/ plazas/recreational uses. 3. All penking 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 back of sidewalk. The Covenants, Conditions and Restrictions shall restrict the storage ot recreational vehicles on this site unless they are the pdncipel source of transportation for the owner and prohibit perking on interior circulation aisles other than in designated visitor panking areas. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and al:~'oval prior to issuance of buildin,,3 permits. E. Landscaping (for publicly maintained landscape areas, ruler to Section N.) 1. A detailed landscape and irrigation plan, including slope planting and model home landscap- ing in the case of residential deveiol~ment, shall be pre13ared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case ot a custom lot subdivision. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landsca13e plans. The applicant shalllollow all of the ad3orist's recommendations regarding preservation, transplanting and trimming methods. A minimum of trees per gross acre, oornorised 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, . % - 15.gallon, and ~ % - 5 gallon. 4. A minimum of ~0 % of trees planted within the project shall be specimen size trees - 24-inch box or larger. 5. Within perking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to shade 50% of the perking area at solar noon on August 21. / / / / / / / / / / __/ / / / / / ._J / / / / / 2/91 Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. All private slope banks 5 feet or less in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. AIIprivateslopesinexcessof5feel,butlessthan8 feet in vertical height and of 2:1 orgreater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and 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. 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 shell include a permanent irrigation system to be installed by the developer prior to Compleu~ / / ___/ / / / 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 ocoJpled by the buyer. Priorto releasingoc~_Jpancyforthoseunits, an inspection shall be conducted by the Planning Division to determine that they are in satisfactonj condition. __/ / 10. For multi.family residential and non-residemial development, property owners are respon- 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 lrom weeds and debris and maintained in a heallhy and thriving condition, and shell 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. / / ,/ 11. Front yard landscaping shall be required per the Development Code and/or · 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 sub~ct to City Planner review and approval and coordinated for consistency with any parkway 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 horizontal change), and intensitied landscaping, is required along / / 14. Landscaping and imgation systems required to be installed within the public right-ol-way on the perimeter of this project area shell be continuously maintained by the developer. 15. All walls shall be provided with decorative treatmant. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteria shell encourage the natural growth characteristics of the selected tree species. 17. Landscaping and irrigation shall be dasigned to consewe water through the principles of Xedscape as dellned in Chapter 19.16 of the Rancho Cucamonga Municipal Code. / /__ SC - 2/91 F. Signe / 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 occupanoy and shall 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 notice of 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 pmspactive buyer written notice of the City Adopted Special studies Zone for the Red Hill Fault, in a standard totmat 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 determinad by the City Planner, prior to accepling a cash deposit on any property. A final acoustical report shall be submitled 1or City Planner review and approval prior to the issuance of building permits. The final report shall dismJss the level of interior noise attenuation to below 45 CNEL, the buiiding matehals and construction tachniquas provided, and it appropriate, verify the adequacy of the mitigation measures. The building I~ans will be checked for conformance with the mitigation measures contained in the finat report. H. Other Agencle~ v/ 1. Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire Protection District Standards. 2. Emergenoy access shall be provided, maintenanoefreeandciear, a minimumof261eetwide at all times during consiNc'lion in accordance with Rancho Cucamonga Fire Protection District requirements. v/ 4. Prior to issuance of building parmits for combustible construction, evidenoe shall be submitted to the Ranoho Cucamonga Fire Protection District that temporary water supply for fire proteinion 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 developments shall provide a solid oremead structure 1or mail boxes with ade(Nate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. / / / / __J / / / / / / /__ / / / / / / / / For projects using septic lank facilities, written certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building O!ficlal 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 COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site Development Vy 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. 3. 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 Beautificatlon Fee, PaW, Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. Prior to issuance of building permits tor 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 not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prior to issuance of building permits. J. Existing Structures 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 lacilitles shall be removed, filled and/or capped to co.,~iy with the Uniform Plumbing Code and Uniform Building Code. Underground on-site utilities are to be located and shown on buff(ling plans submitted for building permit application. K. Grading Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The linal grading plan shall be in substantial conformance with the aDprOVed grading plan. A soils report shall be prepared by a clualifiad engineer licensed by the State of California to perfonTi such work. The development is located within the soil erosion control boundaries; a Soil Disturbance Permit is required. Please contact San Bemardino County Department of Agriculture at (714) 387-2111 for permit a13plication. Documentation of suct~ permit shall be submitted to the City prior to tbe issuance ol rough grading permit. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The final grading plans shall be completed and approved prior to issuance of bu tiding permits. SC - 2/91 Comolc~o~ Dat~: / / / / / /,, / / / / / / / / / / / / / /__ 6. AS a custom-lot sul~livis~on, the following requirements shall De met: a. Surety shall be pasteel and an agreement executecl guarar~seing comDletion of all on-site drainage facilities necessary Ior c~ewatering all parcels to the satisfaction of the Building and Salety Division prior to final ma.o al~roval and pdor to the issuance of grac]ing permits. b. A;propriate easements for safe clispasal of c~rainage water treat are conclucted onto or over acljacent parcels, are to De bellnested artcS reco~ed to the satisfaction ol the Bulk:ling and Safely Division I:,'lor to issuance of gracllng ancl I:xJilding pem',ts. c. On-site drainage im~ovements, necessary for c~ewatering and protecting the sul:x:lividecl properties, am to be installed prior to issuance of buiicling permits for construction upon any ;)arcel that may be sut)jact to drainage flows entenng, leaving, or witl~in a parcel relative to which a bulk:ling permit is requested. Final grading plans for each parcel are to be submitted to the Bui~ing and Safety Division for al:X:)mval prior to issuance of I:)uikiing ancl grading permits. (This may be on an incremental or correosite basis.) e. All slope Oanks in excess of $ feet in vertical height shall be Seedec] with native grasses or planted witl~ grou ncI cover for erosion control ulx)n completion ol grac#ng or some other alternative methoc] of erosion control Shall be comGlet~cI to the Satisfaction of the BuiicJing Official. In edclltion a permanent irrigation system shall be IXOvlclecl. This requirement close not release the al~icant/beveio~r from compliance with the siope planting requirements of Section 17.08.040 i of the Development Co~. / / / / APPLICANT SHALL CONTACT THE ENGINEERING DNI$,ION, ('714) ~0~.1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. D~llcatlon aml Vehicular Acceea 1. RigNs-of-way ancI eaSements shell be beclicated to the City for all interior I:XJl~lic streets, community trails, l:)ublio paseos, I:XJbllc ~ arees, street trees, anti I;XJl:)lic ctrainage facilities as Shown on the Dearie artc¥or tifftaiNt rll~O. Private easements for non-;uUic facilities (~,.-~s-iot drainage, local feetJet trails, etc.) shall I:)e rmwecl as shown on the plans anti/or lentalive rn~. V'/ 2. Dec#cation slyall be reacts of the following rigid-of-way on the bedmeter streets (measurecl from street centertim): q/"/ total leer on total feet on total feet on total feet on 3. An irTevocal:)ie offer of cleclic~tion for for all t:)nvate streets or drives. 4. .foot wibe roactway easement sitall be maas Non-vehicular access shall be beclicated to the Ci~ for the following streets: 2/9! ReCil:XOcal access easements shall be provicleCI ertsurtng access to all parcels by CC&Rs or by cJeeds allcI Shell be rIcolI:IeCI concurrtntly wdh the ~ or prior tO tl'~ issuance o! I~ufIcting permitS, wfiere no m~c) is __/ / __/ / / / / / _ Private drainage easements for cross-lot drainage snail Oe provK:lecl anci snail De ~ehneateci or holed on Ihe lanai map. The final map shall clearly delineate a 1 O-foot minimum building restriction area on the neigr~oring Io! adjoining the zero lot line wall and contain the following language: 'l/We hereby cMclicate to the City of Rancho Cucamor~ja the nght to prohibit tl~e construct/on of (res/clential) ~ildings (or other structures) w/thin those areas des~gnate~ on the m~o as building restrOt/on areas.' A maintenance agreement shall also be granted from each lot to the adjacent lot through the CC&R's. 10. 11 All existing easements lying within future rights-of-way shell be quitclaimed or delineated on the final map. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be bedicated to Me City wherever they encroach onto private pro13erty. Additional street right-of-way shell be dedicated along right turn lines, to provide a minimum of 7 feet measured from the face of curbe. If cu~ a Iiacent sidewalk is used along tbe ngnt turn lane. a parallel street tree maintenance easement sl~11 be · The devalo~r shell make a good faith effort to acquire the required off-site PrO13erty interests necessary to construct Me r~uired pol:flic improvements, and if he/she Sheold tail to clo so. the developer shall, at least 120 (lays I~or to submittat of the final rn~ for apg~val, enter into an agreement to complete the iml~ovements pursuant to Govemment Co~ Section 66462 at such time as the City acquiras the prOl=erty intereats raquired lot the iml~'ovements. Such agreement shall p~ovide for payment by t~ davelogger of all costs incurred by the City to acquire the off-site IXOl~rty interests re<Nim<:l in connection with trm sutxlivlilon. Secufi~ for a portion of these costs shall be in the form of a call1 de13os# in the amount given in an a,ooraisal fef3ort ol3lained by the develo~r. at diveloll)Ifs cost. The al:~aisar shall have been approved by Ihe City prior to commencement of tt~ al~raisal. M. Street Impmvlmlml All public improvements (interior streets, drainage facilllies, community trails, paseos, lincisCal:~:l areas, etc.) sl'~wn on ttm ~ ar~l/or temative ~ stroll I=e constructed to City Star,ams. Interior street iml)rovements sr~11 ineJucle, I=ut are not limite~l to, cu~o and gutter, AC pavement. clflve al~mact~, siclewal~, street lig~s, ~ street trees. 2. A minimum Of 26- foot ~ pavement, will,in a 40 .foot wide deff4c, at~l flgl~-of-way shall be constructed f~ all hall-~On strllt~. 3. Construct ~ foflOwi~ pitimeter strlet Iml~i'ovtmen~ inclu~l~, ~ not I~1~11(~ to: ETRJ~;E'"T NA.M~ CU!~B & &C. S~)F,, Di~V~ S'rE~ET ~ COhen. bI~DLM~ OTHER GU3"T~R PVI~T W.M,.K A I~GI"I'~ ~ TRAIl, . ....0t 'I345 / / / / / / / __/ / / / Notes: (a) Median island inclucles landsca,oing and irngation on meter. {b) Pavement reconstruction and overlays will Oe determined dunng plan ctNeck. (C) If SO marked. s~e- walk sha I be curvilinear per STD. 304 (el) If SO marked an in-lieu of construction tee sna 4. Improvement plans and construction: a. Street improvement plans including street trees and street lights, prepared by a regis- / / tered Civil Engineer, shall be su13mitlecl to and approved by the City Engineer. Secunty shall be posted and an agreement executed to the satisfaction ol the City Engineer and the City Attorney guaranteeing completion of the puMc and/or private street improve- ments, prior to final map approval or the issuance of building permits, whichaver occurs first. b. Pdor to any wo~ being parlormeal in public fight-of-way, fees shall be paid and a / / construction permit shall be oDlaine¢l from ttm City Engineer's Office in acidtrion to any other parmits required. c. Pavement striping, maddng, traffic, street name signing, and interconnect conduit shall be installed to the satisfaction of tha City Engineer. d. Signal conduit with pull boxes shall be installed on any new construction or reconstruction / of major, secondary or collector streets which intersect with other major, secondary or colleclor streets lot future Iratfic signals. Pull boxes sitall be place¢l on both sides of the street at 3 feel outside of BCR, ECR or any offlet locations aDprOved by the City Engineer. Notes: (1) AJl I~JII boxes shall be No. 6 unless olhemdse specified by the City Engineer. (2) Conduit styall be 3-inctt galvanized ateel with pullrope. e. Wheel Chair ram13s shall be installed on all four Con'm~ of intersections par City Startclams or as directed by the City Engineer. f. Existing City roeas requiring construction stml remain open to traffic at all times with / ac~luate ~etours ~unng cormruction. A ~1'~ cto~lm ~ may be required. A cash clel~Sit shell be IXOviCl~l tO COve' the COIl of ~ I~l paving. whictl Sitall be refunded upon completion of the con~mcbon to the satisfaction of the City Engineer. g, Concentratecl clraJnlge flows shall not ~ sidewlks. Under siclewlk drains shall be instalecl to Cily Standing, excapl for single family lots. n. Handk=a13 access ramp cles~gn shall be as specified by the Clly Engineer. i. Street names shall be approved by tf~ C~ Plann~ prmr to sul~mittal for first plan check. 5. Street iml:wovemeht I~nS per C~ Standar~ for all phvate streets sitall be pmvicled for rev~w and aDDreval by the City Engineer'. Pd~ Io any work petrig perlom~ecl on the pri- vate 51reelS. fees shall IX paicl and conatnJ(~ion petalils shall be ot3taine¢l from the City Engineer's Office in acidilion to any otMr perrn~s ir~llUil'ed. 6. Street trees, a minimum of 15-gallon s~ze or larger, shall be installe(I per C~ Standan:is in a¢co_rclance with the City's street tree ~ogram. SC * 2/9 1 7. Intersection line of site c~es,:jns shall be reviewea Dy the City Engineer for conformance w~ aOoptecl i:x)licy. a. On collector or larger streets, lines of sgJnt shall be plotted for all project intersections, including driveways. Walls, s~]ns, and slopes shall De locateci outside the lines of sgjht. Lanclscaping and other ol:)structions within the lines of sight shall De al:~roveCl by the City Engineer. I~. 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. / / 8. A permit shall be o~ained from CALTRANS for any work within the following right-of-way: ~ / 9. All pu131ic irnprovements on the following streets shall be operationally complete prior to the issuance of building permits: / / N. Pul~11c Maintenance Araa~ 1. A separate set of lanclscape and irrigation plans per Engineering Public Works Standards shall be suDmitted to the City Engineer for review and approval prior to final map approval or issuance o! 13uilding permits, whichever occurs first. ~ following lanc~ parkways, medians, paseo$, easements, trails, or other areas are required to be annexe(I into the Landscape Maintenance District: 2. A signed consent and waiver form tO join and/or form the ~te Landscape and Lighting Districts Shall be file<:l with the City Engineer pdor to final mad apgmval or issuance ol building permits whicttever occurs first. Formation costs shall be 10ome by the cleveloper. 3. All requirea public landscaDing and irrigation systems shall be continuously maintaine~ by the developer until accepted I:)y the City. 4. Parkway lan~ on the following street(s) sitall conform to tile results of the respective Beautltication Master Plan: / / / / / /__ O. Drainage artel Flooa Control V/ 1. The project (or portions theraof) is located within a Fl(xx:l Hazarcl Zone: therefore, flood protection mlalUrt$ M be pmviaed a~ certified Oy a registered Civil Engineer anti approval I~y ~e City Engln~r. 2. II shall be trm ctevelopor'$ reaponsibill~ to ~e t~ ~em FIRM ~ des~n~n ~ from t~ ~ area. ~ ~e~s e~er s~11 ~e all n~essa~ re~s, ~, a~ ~m~r~ ~~. A ~R~nal LeRer of M~ Revis~n (CLOMR) sMII ~ ~ai~ from FEMA ~ ~ t~l ~ ~al or issua~ of ~i~i~ ~S, ~ver ~m fi~. A Ll~lr ~ M~ RevlOn (L~R) s~all ~ is~ 0y FEMA ~r to ~~ or i~mve~ ~a~e, wfi~ver ~rs first. A final clrainage study shall be suOmitlea to anti aDDroved I:W the City EnginHr prior to final map apOrOval or the issuance of IDuilding penTatS, whichever occurs firsl. AJl clrainege tac,lities shall be installeel as recluirecl 13y tl~e CS Engineer. / /__ 4. A permit from tl~e County Fk:)ocl Control District is required for work w~thin rts right.of-way , 5. Trees are prohibited within 5 feet of the outside cliameter of any put~lic storm drain pipe measured from the outer ec~e o! a mature tree trunk. 6. Public ston'n drain easements sitall be graded to convey oventows in the event of a blockage in a sump catch basin on the public street. P. Utilities ~ 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, etectnc power, telephone, and cable TV (all unclergmuncl) in accordance with the Utility Standan:is. Easements shall be provided as required. / / / / ~" 2.The developer Shall be responsible for the relocation of existing utilities as necessary. / / V/ 3. Water ancl sewer plans shall be designed and constructed to meet the requirements of the ----/ / Cucamonga County Water DiStl~Cl (CCWD), Rancho Cucamonga Fire Protection Disthct, ancl the Environmental Health Department of the County of San Bernardino. A letter of compliance from tha CCWD is required prior to final map approval or issuance ol permits, wl~ichaver occurs first. O. General Requirement~ and AIX)rovaW 1. The separate parcels comained within the ~oject Ix)unclaries shall be legally cornDined into ~ one parcel I:)nor to issuance of buiicling permits. 2. An easement for a joint use driveway shall be provided phor to final map al:)proval or -~/ issuance of building permits, wl~ichever _occ,__,rs first, for: 3. Prior to alx)roval of the final map a clefx)$it shall he posted with the City covering the estimated cost of aptx)rtloning the assessments uriclet .4,~eessment District among the newly CTeeted parcels. 4. Etiwancla/San Sevaine Area Regional Mainline, Seconclaty Regional, ancl Master Ptan Drainage Fees shall be pak:l prior to final map alX)mvai or ptX)r to building permit issuance if no map is invoNed. S. Permits shall be oOlaine~ from the/o,owing agencies tor wo~ within their right-of-way: ---/ / 6. A signeel conlent and waNM' form to join and/or form the Law Ehton~emant Community Facilitie~ DMUt(~ Shll be filed with the City Engineer prior to final map aiX)mvai or the issuance ol building parmits, whichever _occ,__,rs first. FolTrmtion costs Shall be Ix)me 0y the Developer. 7. Pnor to finalization o! any cleveiol~4~ent p4'tase, sufficient improvement p~r~ shall be com- pleted beyond the I~Se I:)oundines to assure secondary access and clrainege protection to tim satisfaction of the City Engineer. Phase 0bundarie~ shall correspond to lot lines shown on the alXn)ved tentative map. / / sc-2/91 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 23, 1993 Chairman and Members of the Planning Commission Brad Bullet, City Planner Beverly Luttrell, Associate Planner ENTERTAINMENT PERMIT 93-04 - MANDARIN GARDENS - A request to provide live entertainment, dancing, karaoke, and big screen TV in conjunction with a restaurant use, located at 8034 Haven Avenue - APN: 1077-661-02. ABSTRACT: In compliance with City Council Ordinance No. 290 regarding the regulation of entertainment uses which require establishments that provide entertainment to obtain an Entertainment Permit, the applicant is requesting review and approval of an Entertainment Permit for a disc jockey, karaoke, dancing, and live entertainment within their restaurant and a big screen TV within the exterior courtyard. ANALYSIS: Mandarin Gardens Restaurant is an existing full service restaurant which also serves beer, wine, and other alcoholic beverages. The current proposal is to provide entertainment from 9 p.m. to 2 a.m. on Friday, Saturday, and Sunday evenings as well as on all holiday evenings. The applicant would also like to provide entertainment during the weeknights if there is a customer demand. No admission fee or cover charge is proposed. The disc jockey, karaoke, and/or live entertainment will be located in the main restaurant area and will occupy approximately 40 square feet. The dance area will be located in the main restaurant area as well. Tables will be moved to accommodate this use. The dance area totals 144 square feet. (Dance area less than 150 square feet does not require a security guard.) In addition to the above, the applicant has indicated they would like to locate a big screen TV within the exterior courtyard area. This proposal is not supported by staff due to the location, which could be disruptive to other tenants and/or dining patrons. The courtyard's pleasant outdoor eating environment should not be disrupted by entertainment activities. The courtyard is shared with other restaurants and tenants within the Food Court. Staff feels that approval of a big screen TV could set a precedent for requests to have outdoor video games, table games, etc. Mr. David Yang is the manager of Mandarin Gardens Restaurant and is responsible for the management of the entertainment. In accordance with Section 5.12.040 of the Entertainment Ordinance, the applicant has indicated that neither the applicant nor any persons responsible for the management or supervision of Mandarin Gardens Restaurant has, within the previous ten years, been convicted of a crime nor has the applicant had any permit or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked at this establishment. ITeM E PLANNING COMMISSION STAFF REPORT EP 93-04 - MANDARIN GARDENS November 23, 1993 Page 2 Review of the Entertainment Permit must take into consideration locatiohal impacts and what mitigation measures should be included in the Resolution of Approval. Mandarin Gardens Restaurant (see Exhibit "A") is within the Virginia Dare Center, which is a mixed-use complex, located adjacent to Haven Avenue. The nearest residential uses are over 1,200 feet from the restaurant and do not constitute a significant factor. Mandarin Gardens Restaurant is a freestanding building; however, it is located within the Food Court. Restaurant and retail tenants occupy the remaining space in the Food Court which surrounds a central plaza area with outdoor eating areas. Uses which could be negatively impacted by the proposed entertainment are the adjacent restaurant, theater, office, and retail uses. Negative impacts could include noise, parking, and disturbances. Therefore, a condition has been included within the Resolution of Approval that should the operation of this Entertainment Permit cause adverse impacts upon adjacent businesses or operations it shall be brought before the Planning Co~mission for the consideration and possible suspension or revocation of the permit, in accordance with Section 5.12.100 of the Entertainment Ordinance. FACTS FOR FINDINGS: The Planning Commission must make the following findings in order to approve Entertainment Permit No. 93-04: A. The conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare. B. The premises or establishment is not likely to be operated in an illegal, improver, or disorderly manner. Ce 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 within the preceding five years. D. The granting of the application would not create a public nuisance. E. The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. F. The applicant has not ~ade any false, misleading or fraudulent statement of material fact in the required application. To the best of staff's knowledge, there is no information to indicate anything contrary to these findings. PLANNING COMMISSION STAFF REPORT EP 93-04 - MANDARIN GARDENS November 23, 1993 Page 3 RECOMMENDATION: Staff recommends that the Planning Commission conditionally approve Entertainment Permit 93-04 through adoption of the attached Resolution of Approval. Respectfully submitted, Brad Buller City Planner BB:BL:mlg Attachments: Exhibit "A" - Site Plan Exhibit "B" - Application Exhibit "C" - Floor Plan Resolution of Approval Y OF RANCHO .CUCAMONGA PLANI~ING DMSION ITEM: TITLE: EXHIBIT: SCALE: ENTERTAINMENT PERMIT APPLICATION Applicants for entertainment permits shall complete the following questionaire: PLEASE PRINT OR 2~PE A. The name and permanent address of applicant: Name Permanent Address B. The name, proposect and current, if any, and business address of the applicant: Name (Current and Proposed) . _ _ ~_o~_~_ _i~_ _~__.7__e~ ¢~_ ~t~cV~._ ~_~_ _ct L7.t ~_. .... Business Address C. A detailed description of the proposed entertainment, including type of entertainment, and number of persons engaged in the entertainment (may attach seperate sheets ff necessary): D. The date or day-of-week, hours and location of entertainment (attach floorplan), and the admission fee, if any, to be charged: E. The name(s) of the person(s) responsible for the management or supervision of applicant's business and of any entertainment: .... F. A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or. not alcohol will be served as part of such business: G. Whether or not the applicant or any person responsible for the management or supervision of applicant's business have been, within the previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefor including conditions of parole or probation, if any: H. Whether or not applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency: Any false, misleading or fraudulent statement of material fact in the required application shall be grounds for denial of the application for an entertainment permit. EXHIBIT: 0 SCALE: RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 93-04, TO TO OPERATE AND CONDUCT ENTERTAINMENT BY PROVIDING A DISC JOCKEY, KARAOKE, LIVE BAND, AND DANCING FOR MANDARIN GARDENS RESTAURANT, LOCATED AT 8034 RAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-661-02. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. On September 15, 1993, David Yang filed an application for the issuance of an Entertainment Permit (EP 93-04) described above in the title of this Resolution. 3. On the 23rd day of November 1993, the Planning Con~nission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. 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 November 23, 1993, including written and oral staff reports, together with public testimony, this Co~mission hereby specifically finds as follows: a. The application applies to property located on the northwest corner of Foothill Boulevard and Haven Avenue on a lot presently improved with structures and parking areas which constitute the Virginia Dare Center; and b. The property to the north of the subject site contains the Del Taco Restaurant and a vacant parcel, the property to the south is office uses, the property to the east is Haven Avenue and the Terra Vista Town Center, and the property to the west is Edwards Theater, restaurant uses, and a vacant site; and PLANNING COMMISSION RESOLUTION NO. EP 93-04 - MANDARIN GARDENS November 23, 1993 Page 2 c. Mandarin Gardens Restaurant is a full service restaurant serving beer, wine, and other alcoholic beverages. The proposal is to provide musical entertainment on Friday, Saturday, and Sunday evenings from 9 p.m. to 2 a.m. The band will be located in the restaurant area, there will be no admission charge, and dancing will be permitted in a dance area which totals 144 square feet. 3. Based upon the substantial evidence presented to this Commission during the above-referenced November 23, 1993, 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 conduct of the establishment and 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. c. That the applicant has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years; and d. That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center; 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 set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to the following conditions: Plannina Division: 1) This approval is only for a small band, disc jockey, dancing, and karaoke. Any change of intensity of entertainment shall require application for modification of this permit. 2) The dance floor area shall not exceed 144 square feet. 3) If the operation of this Entertainment Permit causes adverse effects upon adjacent businesses or operations, the Entertainment Permit shall be brought before the Planning Commission for the consideration and possible suspension or revocation of the permit. PLANNING COMMISSION RESOLUTION NO. EP 93-04 - MANDARIN GARDENS November 23, 1993 Page 3 4} Doors shall remain closed when entertainment is being conducted for noise attenuation purposes. 5) Exterior noise levels shall not exceed 65 dB during the hours from 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. Access to the lounge/entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. The rear exit shall be for "Fire Exit Only." 7) Hours of operation of the entertainment use shall be Friday through Sunday and holidays from 9 p.m. to 2 a.m. Entertainment shall be conducted inside the building unless written consent is obtained from all adjoining tenants in conjunction with a Temporary Use Permit application process. 9) This permit shall be renewed annually per Municipal Code Section 5.12.115. Fire District: 1) The applicant shall comply with all State Fire Marshal's regulations. The applicant shall submit accurately dimensioned, detailed floor plans for Fire District review and approval, prior to issuance of the Public Assembly Permit. 2) The applicant shall complete any work required by the Fire District and the building shall be inspected to the satisfaction of the Fire Marshal, prior to commencement of the entertainment. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Bullet, Secretary PLANNING COMMISSION RESOLUTION NO. EP 93-04 - MANDARIN GARDENS November 23, 1993 Page 4 I, Brad Bullet, Secretary of the Planning Commiesion of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commiesion of the City of Rancho Cuc~monga, at a regular meeting of the Planning Commission held on the 23rd day of November 1993, by the following vote-to-wit= AYES= COMMISSIONERS= NOES= COMMISSIONERS: ABSENT= COMMISSIONERS: DATE: TO: FROM: BY: SUBJECT: November 23, 1993 CITY OF RANCHO CUCAMONGA STAFF REPORT Chairman and Members of the Planning Commission Rick Gomez, Community Development Director Shtntu Bose, Deputy City Engineer APPROVAL OF THE ARCHITECTURAL ELEMENTS, SURFACE TREATMENTS AND LANDSCAPE CONCEPT FOR THE METROLINK STATION AT MILLIKEN AVENUE AND METROLINK TRACKS Rick Gomez, Community Development Director, will make an oral presentation on the Metrolink Station design at the meeting. Respectfully submitted, Rick Gomez Community Development Director RG:SB:dlw IT~ F DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 23, 1993 Chairman and Members of the Planning Commission Rick Gomez, Community Development Director William J. O'Neil, City Engineer SURFACE TREATMENTS, ARCHITECTURAL ELEMENTS, ANDLANDSCAPE CONCEPT FOR THE METROLINK STATION AT MILLIKEN AVENUE AND METROLINK TRACKS BACKGROUND: The City received funding from the Southern California Regional Rail Authority (SCRRA) for the installation of a Metrolink Station at Milliken Avenue. This funding is administered by the San Bernardino Associated Governments (SanBAG), who have been in close contact with the City and Metrolink during the site selection process. The City is currently in negotiations with the owner of the site, General Dynamics, for acquisition of the ultimate ten (10 acre site. The City has chosen the team of L.D. King, Inc. and Parsons-DeLeuw as engineers, and the team of RJM Design Group and Wolf-Lang-Christopher as Landscape and Structure Architects. At the Planning Commission meeting of December 27, 1993, the Planning Commission approved the Site Plan elements of circulation and hardscape layout, and requested that staff return with Surface Treatments, Architectural Design, and a Landscape concept for review and comment. ANALYSIS: To delineate the hardscape grid pattern, proposed surface treatments are colored concrete, with sand blast and rock salt finishes. (Refer to materials board which should be available.) Several architectural themes were explored before arriving at the option being considered tonight. In response to the grid pattern organizing the hardscape, the Architect developed the "Pavilion concept", as depicted in the Planning Commission agenda packet exhibits. Benches and lighting elements have been suggested to complement the overall theme. Commissioner Tolstoy expressed support for the "Pavilion concept". Commissioner Melcher, however, indicated some reservations. The Architect has attempted to address those reservations with this most recent proposal. The architecture and hardscape framework is reinforced by a landscape concept developed by City Landscape Designer, Laura Bonaccorsi. The tree palette draws from the recently completed Underpass project and is supplemented with accent Palms, deciduous plaza trees and Eucalyptus. All shrubs and ground covers will be colorful and drought resistant. RECOMMENDATION: Staff recommends that the Planning Commission review and comment on th~ current p~ ~.~1 and forward the recommendation to City Council fol its submitted, R~ck RC:kes Director