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HomeMy WebLinkAbout1994/05/25 - Agenda Packet~977 WEDNESDAY CITY OF RANCHO CUCA~ PLANNING COMMISSION AGENDA MAY 25, 1994 7:00 P.M. RI~CHO CUC~fONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER DRIVE RANCHO CUCiM, fONGA, CALIFORNIA IZZ. Pledge of Allegiance Roll Call chairman Barker Vice Chairman McNiel Commissioner Lumpp Commissioner Melcher Commissioner Tolstoy Announcements Approval of Minutes April 27, 1994 Adjourned Meeting of May 11, 1994 V. Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT 94-01 - WESTERN LAND PROPERTIES - A request to amend the land use designation for a 25 acre piece of vacant land from Office Professional District to Community Commercial District bounded by Foothill Boulevard on the south, Spruce Avenue on the west, Church Street on the north, and Elm Avenue on the east - APN: 1077-421-58 and 63. Staff recommends issuance of a Negative Declaration. Related file: General Plan Amendment 94-01A. (Continued from May 11, 1994) De Ze VARIANCE 93-05 - OAS PARTNERSHIP - A request to increase the sign area for the Project Identification Monument Sign from 24 to 49 square feet; increase the sign area for the Tenant Identification Monument Signs from 24 to 49 square feet; and increase the maximum number of tenant names on the. Tenant Identification Monument Signs from three to five per face, for Thomas Winery Plaza, located at the northeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208-101-22 through 25. Related File: Amendment to Uniform Sign Program No. 88. (Continued from May 11, 1994 and TO BE CONTINUED TO JUNE 22, 1994) ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT NO. 94-0! - GENERAL DYNAMICS - Review of a development agreement for the redevelopment of 380 acres of land, the Subarea 18 Specific Plan, bounded on the south by 4th Street, on the east by Milliken Avenue, on the north by the A. T. & S. F. (Metrolink) Railroad, and on the west by Cleveland Avenue and Utica Avenue - APN: 209-272-01, 04, 07, and 08; 210-081-22 and 23; 210-082-02, 11, 17, 37, 38, and 39; and 210-361-01 through 26. An Environmental Impact Report was prepared for this project. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 94-04 - NORTH TOWN HOUSING DEVELOPMENT CORPORATION - The proposed development of 88 rental units for affordable housing on 8.56 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), located on the south side of Feron Boulevard, west of Old Town Park - APN: 209-085-20. Related Files: Conditional Use Permit 94-10, Pre-Application Review 93-07, and Tree Removal Permit 94-01. Staff recommends issuance of a mitigated Negative Declaration. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 94-10 - NORTH TOWN HOUSING DEVELOPMENT CORPORATION - A request to construct a 2,675 square foot day care facility and related parking on an approximate 1-acre portion of the $.56-acre, 88-unit North Town affordable housing development, within the Low-Medium Residential District (4-8 dwelling units per acre), located on the south side of Feron Boulevard, west of Old Town Park - APN: 209-085-20. Related Files: Development Review 94-04, Pre-Application Review 93-07, and Tree Removal Permit 94-01. Staff recommends issuance of a Negative Declaration. Old Business VII. VIII. IX. Fo AMENDMENT TO UNIFORM SIGN PROGRAM NO. 88 - OAS PARTNERSHIP - A request to amend the Sign Program to allow a Project Identification Monument Sign, internally illuminated Tenant Identification Monument Signs, and various changes to the sign criteria for Thomas Winery Plaza, located at the northeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208-101-22 through 25. Related file: Variance 93-05. (Continued from May 11, 1994 and TO BE CONTINUED TO JUNE 22, 1994) CONDITIONAL USE PERMIT 93-45 - HILDENBRAND (THE LILLY PAD) - A periodic review of the operation of an approved stress reduction clinic located at 8645 Haven Avenue, Suite 550 - APN: 209-144-54. Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. Commission Business Adjournment The Planning Commission has adopted Administrative Regulations that set an 11:00 P.M. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. VICINITY MAP A.T.& $.F. grin CITY HALL CITY OF RANCHO CUCAMONGA DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT May 25, 1994 Chairman and Members of the Planning Commission Brad Buller, City Planner Nancy Fong, AICP, Senior Planner ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT 94-01 - WESTERN LAND PROPERTIES - A request to amend the land use designation for a 25 acre piece of vacant land from Office Professional District to Community Commercial District bounded by Foothill Boulevard on the south, Spruce Avenue on the west, Church Street on the north, and Elm Avenue on the east - APN: 1077-421-58 and 63. Related File: General Plan Amendment 94-01A. (Continued from May 11, 1994) BACKGROUND: This item was continued to allow the applicant an opportunity to address the Commission's concerns with the design standards for the Church Street frontage between Spruce and Elm. A special workshop is set for May 25, 1994. Staff will present an oral report at this meeting. The Community Plan Amendment can be considered at the same time as the related development project (Conditional Use Permit 93-49) because it does not have the same time constraints as a General Plan Amendment. RECOMMENDATION: Staff recommends that the Planning Commission either continue this item to June 22, 1994, so that the applicant can refine the proposed design criteria in the Community Plan; or, if the Planning Commission concludes from the workshop that the applicant has successfully addressed the Commission's concerns and has presented alternative language and exhibits for the Community Plan, approval of the attached resolution would be in order. BB:NF:gs Attachments: Exhibit "A" - Staff report dated May 11, 1994 Resolution of Approval Proposed Ordinance ITE~ A DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA May ll, 1994 Chairman and Members of the Planning Convission STAFF REPORT Brad Bullet, City Planner Nancy Fong, Associate Planner ENVIRONMENTAL ASSESSMENT AND TERRA VISTA CO~24UNITY PLAN AMENDMENT 94-01 - WESTERN LAND PROPERTIES - A request to amend the land use designation for a 25 acre piece of vacant land from Office Professional District to Community Con~ercial District bounded by Foothill Boulevard on the south, Spruce Avenue on the west, Church Street on the north, and Elm Avenue on the east - APN: 1077-421-58 and 63. Related File: General Plan Amendment 94-01A. BACKGROUND: This amendment request is a result of the related General Plan Amendment to change the land use for the above-described site from Office to Commercial. In addition to the proposed land use change, the applicant is requesting to modify various parts of the text and the graphics in the Design Guidelines (Chapter IV) of the Community Plan, that apply to this site. These changes are needed to establish the identity and the character for the development of the site in the future. ANALYSIS: This section of the report describes the proposed changes to the Community Plan followed by a brief comment or analysis from staff. The proposed changes are as shown in the attached Exhibits "A" and "B." For clarity, text changes are underlined while graphic changes are clouded. Land Use Change: Modify the Land Use Plan, Figure III-17 (page III-23), by changing the land use designation for the site bounded by Foothill Boulevard, Church Street, Spruce and Elm Avenues from "OP" Office Professional to "CC" Community Co~ercial. Modify the text and the graphics in the Commercial Land Use section pages III-26 and III-27, describing the intent and the arrangement of the commercial uses. Modify the Land Use Sun~nary, Table III-2 (page III-32), by changing the distribution of the gross acreage by land use types. (Exhibits "A-l" to "A-5"). Staff Comm%ent and Analysis: The analysis of the proposed land use change is in the separate General Plan Amendment (GPA 94-01A) staff report. If the Commission decides to recommend the proposed "Commercial" use for the site to the City Council, then the appropriate zoning district of "Co,unity Co~ercial District" should also be recom~ended, for consistency purposes. The proposed text and graphics changes are acceptable. PLANNING COMMISSION STAFF REPORT TVCPA 94-01 - WESTERN LAND PROPERTIES May ll, 1994 Page 2 Design Guidelines Changes: Chapter IV of the Con, unity Plan, Design Guidelines, describes the identity of the different com~aercial centers along Foothill Boulevard and sets the design flavor and character for each one. The following summarize the proposed changes to various parts of the Foothill Boulevard Centers Concept section of the Design Guidelines as they pertain to the site: Center Identity and Specific Uses. Change the use of the site from "Corporate Park" to "Com~ercial Park" (page III-48) as shown in Exhibit "B-2." Staff Comment and Analysis: The proposed change is acceptable. Access and Co~nunity Gateways. Modify Figure IV-64 (page IV-49) by adding a primary access point on Foothill Boulevard midpoint between Spruce and Elm Avenues and adding a Type III Gateway at the intersection of Foothill Boulevard and Elm Avenue, as shown in Exhibit "B-3." Staff Comment and Analysis: The proposed addition of a primary access point shown by an arrow symbol on Foothill Boulevard implies an opening to the existing median island. An opening to the median island at this location would req~/ire an amendment to the Circulation Element of the General Plan. Since the applicant has indicated that they are not requesting an opening in the median island, staff recommends that the arrow symbol be deleted from Figure IV-64. The addition of Type III Gateway is acceptable since the northwest corner of Elm Avenue and Foothill Boulevard is a terminus for a greenway trail. Site Planning and Pedestrian Network. Modify the site planning and pedestrian network design concept by describing the arrangement of buildings, parking areas, and pedestrian walkway for the proposed Commercial Park Center, as shown in Exhibit "B-4." Staff Comment and Analysis: Because of the proposed co~ercial land use, the site planning and pedestrian network is changed to be similar to the concept of the existing Town Center. Staff recommends adding language to emphasize large open space with a defined pedestrian spine that traverses the site from north to south. The design of a development project at this site will have to create centralized and large open spaces that will enhance the "window" effect (i.e., views into the community and the mountains). Landscape Treatment. Modify Figures IV-65 and IV-66 as well as the Design Guidelines (pages IV-51 and IV-52) describing the landscape treatment concept for the Commercial Park, as shown in Exhibit "B-5." PLANNING CO~4ISSION STAFF REPORT TVCPA 94-01 - WESTE~ LAND PROPERTIES May ll, 1994 Page 3 Staff Comment and Analysis: The original concept for the Corporate Park was to have open landscaped areas within the site creating a "window effect" for providing a view into the community as well as a visual relief of the commercial development along Foothill Boulevard. Staff reco~nends that the proposed design criteria needs to be strengthened by adding language to state that large landscaped open space areas will be provided, as shown in Exhibit "B-5." Commercial Park. Modify Figures IV-70, IV-71 and IV-72 and the design criteria (pages IV-57, IV-58, and IV-59) by changing the graphics and the design guidelines to reflect a commercial development, as shown in Exhibits "B-8" through "B-10." Staff Comment and Analysis: The proposed language on page IV-57 expounded the design guidelines as described in the above sections "Foothill Boulevard Centers Concept." The proposed graphics include an example of a conceptual site plan and conceptual views of the design character for the development of the site to illustrate the intent of the design guidelines. Staff recommends that the proposed design criteria for the north-south pedestrian spine be strengthened by adding language to ensure wide, open space landscaped areas, as shown in Exhibit "B-8." C. Miscellaneous Changes in the Community Plan: Other graphic changes. As a result of the proposed land use change, a number of figures as listed in Exhibit "C" will be modified since they use the Land Use Plan as a base for the graphics. Staff Co~m~ent and Analysis: incorporated by reference. Acceptable, as the changes will be 2e Overview of various commercial centers along Foothill Boulevard. Modify Figure IV-67, page IV-53, by replacing the "Corporate Park" with the proposed "Commercial Park" concept. Staff Comment and Analysis: incorporated by reference. Acceptable, as the changes will be Discrepancies on the balance of the Co,unity Plan. In reviewing this proposed amendment, staff found that changes from previous amendments have not been incorporated into the Comunity Plan, such as, the "Multi-family Development Standards" adopted on September 11, 1991. Staff Co~nent and Analysis: Staff recommends that a condition of approval be placed requiring the applicant to bring the document up to date and submit a master copy to the City within 60 days from the date of the final approval of this amendment. PLANNING CO~4ISSION STAFF REPORT TVCPA 94-01 - WESTERN LAND PROPERTIES May 11, 1994 Page 4 Be Environmental Assessment: The proposed land use change for the 25 acres of vacant land as described in the title of this report and the various text and graphics changes to the Colinunity Plan will not have a significant effect on the environment. However, a project level environmental review should be required at the first development application to ensure the development of the site in the future will not have a significant impact to the environment. Staff reco~nends issuance of a Negative Declaration for the proposed amendment. FACTS FOR FINDINGS: The proposed amendment does not conflict with the Land Use Policies of the General Plan and will provide for development in a manner consistent with the General Plan and the Terra Vista Co.unity Plan. The proposed amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. CORRESPONDENCE: This proposed amendment has been advertised in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices were sent to all property owners within 300 feet of the project site. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution, thereby recommending that the city Council issue a Negative Declaration and approve the proposed amendment with the modifications noted in the staff report. City Planner BB:NF:mlg Attachments: Exhibit "A" - Proposed Land Use Change Exhibit "B" - Various Changes to the Design Guidelines Section of Chapter III Exhibit "C" - List of Graphics with the Related Land Use Change Resolution of Approval Ordinance RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF TERRA VISTA COMMUNITY PLAN AMENDMENT 94-01, REQUESTING TO AMEND THE LAND USE MAP FROM OFFICE PROFESSIONAL TO COMMUNITY COMMERCIAL FOR 25 ACRES OF LAND BOUNDED BY FOOTHILL BOULEVARD ON THE SOUTH, SPRUCE AVENUE ON THE WEST, CHURCH STREET ON THE NORTH, AND ELM AVENUE ON THE EAST AND TO AMEND VARIOUS TEXT AND GRAPHICS OF THE COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-58 AND 63. A. Recitals. 1. Western Land Properties has filed an application for Terra Vista Community Plan Amendment No. 94-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Amendment is referred to as "the application." 2. On May 11, 1994, and continued to May 25, 1994, the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing on the application. 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 May 11, and May 25, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 25 acres of land, bounded by Foothill Boulevard, Spruce and Elm Avenues, and Church Street and is presently vacant. Said property is currently designated as Office Professional; and b. The property to the north of the subject site is designated Medium Residential District (8-14 dwelling units per acre) and Park and is vacant. The property to the west is designated Community Commercial District and is developed with a shopping center. The property to the east is designated Financial, Restaurants, Residential and is vacant. The property to the south is designated Industrial Park Subarea 7 of the Industrial Area Specific Plan and is partially developed with a hotel. PLANNING COMMISSION RESOLUTION NO. TVCPA 94-01 - WESTERN LAND PROPERTIES May 25, 1994 Page 2 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties and issuance of a Negative Declaration is recommended. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 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 recommends adoption of a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the PLANNING COMMISSION RESOLUTION NO. TVCPA 94-01 - WESTERN LAND PROPERTIES May 25, 1994 Page 3 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 recommends approval of Terra Vista Community Plan Amendment No. 94-01, per the attached Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF MAY 1994. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, 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 25th day of May 1994, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT 94-01, AMENDING THE LAND USE MAP FROM OFFICE PROFESSIONAL TO COMMUNITY COMMERCIAL FOR 25 ACRES OF LAND BOUNDED BY FOOTHILL BOULEVARD ON THE SOUTH, SPRUCE AVENUE ON THE WEST, CHURCH STREET ON THE NORTH, AND ELM AVENUE ON THE EAST AND AMENDING VARIOUS TEXT AND GRAPHICS OF THE COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-58 AND 63. A. Recitals. (1) On May 11, 1994, and continued to May 25, 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Terra Vista Planned Community Amendment. Following the conclusion of said public hearing, on May 11, and May 25, 1994, the Planning Commission adopted Resolution No. , thereby recommending that the City Council adopt Terra Vista Planned Community Amendment No. 94-01. (ii) On , the City Council of the City of Rancho Cuc~monga conducted a duly noticed public hearing and concluded said hearing prior to adoption of this Ordinance. (iii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance The City Council of the City of Rancho Cucamonga ordains as follows: Section 1: This Council hereby specifies and finds that all of the facts set forth in the Recitals, Part A, of the Ordinance are true and correct. Section 2: This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, and further, this Council hereby issues a Negative Declaration. Section 3= The Rancho Cucamonga City Council finds as follows= a. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommended approval of the Community Plan Text Amendment hereinafter described to the City Council. This City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. b. That this Community Plan Text Amendment is consistent with the General Plan of the City of Rancho Cucamonga. CITY COUNCIL ORDINANCE NO. TVCPA 94-01 - WESTERN LAND PROPERTIES Page 2 c. That this Community Plan Text Amendment is consistent with the Development Code of the City of Rancho Cucamonga. d. That this Community Plan Text Amendment will have no significant environmental impact as provided in the Negative Declaration filed herein. Section 4: The City Council of the City of Rancho Cucamonga hereby approves Terra Vista Community Plan Amendment 94-01 as follows: a. The Terra Vista Community Plan Text, Part III, Land Use Map, commencing on page III-23 is hereby amended, in part, to read as attached hereto and incorporated herein by this reference. b. The Terra Vista Community Plan Text, Part IV, Design Guidelines, Subsection "Foothill Boulevard Centers Concept," commencing page IV-47 is hereby amended, in part, to read as attached hereto and incorporated herein by this reference. c. The Terra Vista Community Plan Text, Figures III-1, III-8, III-12, III-15, III-16, IV-l, IV-8, IV-23, IV-41, VI-2, VI-3, and VI-4, are hereby amended by reference to reflect the land use changes on page III-23. d. Within 60 days of City Council approval, a revised Terra Vista Community Plan, incorporating the changes required shall be submitted to the City Planner for review and approval. Upon acceptance by the City Planner, a total of 25 bound copies of the Plan shall be submitted for distribution to the City Council, the City Clerk, the Planning Commission and staff. In addition, one unbound original copy, and one executable copy on a 3.5-inch computer diskette in a format acceptable to the City, shall be submitted. Section 5: The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin of Ontario, California, and circulated in the City of Rancho Cucamonga, California. · I l'T ' ............. ~ .... F ltT1Kll:m~lmm .......... > .~ ::;. ~ ,-, >. e~ ,' .-- ',..-'~ _ e ~.--_ 'oEe .c_ ~, ._= E ,- .. .~"u -c: c~ oe~'~ o~ c~uo ~c,- oo ,o,.=_,,.,,,."'=" E.,> ,.E.~= e ~ ~- °'- ._ .:.- ,-, o > ~.~ DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT May 25, 1994 Chairman and Members of the Planning Commission Brad Buller, City Planner Nancy Fong, AICP, Senior Planner VARIANCE 93-05 - OAS PARTNERSHIP - A request to increase the sign area for the Project Identification Monument Sign from 24 to 49 square feet; increase the sign area for the Tenant Identification Monument Signs from 24 to 49 square feet; and increase the maximum number of tenant names on the Tenant Identification Monument Signs from three to five per face, for Thomas Winery Plaza, located at the northeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208-101-22 through 25. Related File: Amendment to Uniform Sign Program No. 88. (Continued from May 11, 1994). AMENDMENT TO UNIFORM SIGN PROGRAM NO. 88 - OAS PARTNERSHIP - A request to amend the Sign Program to allow a Project Identification Monument Sign, internally illuminated Tenant Identification Monument Signs, and various changes to the sign criteria for Thomas Winery Plaza, located at the northeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208-10~-22 through 25. Related file: Variance 93-05. (Continued from May 1~, 1994). BACKGROUND: The applicant is requesting a continuance of the above projects because of a time conflict. ~ECOMMENDATIGN: Staff reco~mends that the above items be continued to the meeting of June 22, 1994. ~lann~' BB:NF:sp Attachments: Exhibit "A" - Letter from Applicant ITEM B & F signs c. services May 12, 1994 Ms. Nancy Fong City of Rancho Cucamonga Planning Department 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 -- RECEIVED -- crr~ O; RANCHO CUCAMONOA PLANNING DIVISION ~181~tj~iIXlJRi.1MAY J. 71994 Dear Nancy, After discussions with my client Omar at O.A.S. Investors, we agree to a four (4) week continuance of our application for Thomas Winery Plaza to June 22, 1994. Kevin McConnell Vice President Marketing/Sales 10980 Boatman Avenue, Stanton. California 90680 714/761-8200 Fax 714/761-2451 Contractor License #624675 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA May 25, 1994 Chairman and Members of the Planning Conm%ission STAFF REPORT Rick Gomez, Conununity Development Director Dan Coleman, Principal Planner ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT NO. 94-01 - GENERAL DYNAMICS - Review of a development agreement for the redevelopment of 380 acres of land, the Subarea 18 Specific Plan, bounded on the south by 4th Street, on the east by Milliken Avenue, on the north by the A. T. & S. F. (Metrolink) Railroad, and on the west by Cleveland Avenue and Utica Avenue - APN: 209-272-01, 04, 07, and 08; 210-081-22 and 23; 210-082-02, 11, 17, 37, 38, and 39; and 210-361-01 through 26. BACKGROUND: On October 6, 1993, the City Council approved a Memorandum of Understanding (MOU) with General Dynamics regarding the development and processing of plans for the General Dynamics property. The City and applicant agreed to negotiate a Development Agreement which would vest zoning pursuant to a Specific Plan, define environmental mitigation associated with project implementation, set forth timing for processing subsequent approvals, and establish the parties' on-going cooperation. The applications for a Specific Plan, General Plan Amendment, Industrial Specific Plan Amendment, and Environmental Impact Report were reviewed and approved by the Planning Co~nission on April 27, 1994 and are scheduled for City Council action in June of this year. The Development Agreement was negotiated and prepared concurrently with these planning documents. The acquisition agreement for the Metrolink Station, scheduled for Council action on May 18, 1994, states that the City shall approve this Development Agreement in "substantially the same form" as attached. ANALYSIS: State law allows cities to enter into agreements with developers to provide greater certainty in the approval of development projects, encourage private participation in comprehensive planning, and reduce the economic risk associated with development. The key points of this agreement, which achieve these goals, are as follows: A. Term of Agreement - 20 years. Land Use Entitlements Gives developer "vesting" rights to develop property pursuant to Specific Plan approved by City, which means the land use regulations and development standards of the Specific Plan cannot be changed without mutual consent for 20 years. An individual development project is vested for 5 years once approved. ITEIq C PLANNING CO~4ISSION STAFF REPORT DA 94-01 - GENERAL DYNAMICS May 25, 1994 Page 2 Ce Fees - City agrees that beautification fees and transportation development fees are fixed at their current level for a period of 5 years (see Exhibit "D" of Agreement). These fees are also fixed for 5 years once a development plan is approved. Further, these fees shall not be charged against the golf course. Processing fees are not affected, such as Conditional Use Permits, Development Reviews, subdivisions, etc. Be Construction Period - Developer agrees to pull permits to build golf course within 1 year of final parcel map recordation and complete course within 2 years after grading and building permits are issued. Infrastructure Phasing - Improvements phased according to detailed schedule contained in agreement. Improvements will generally be installed as each planning area develops. ENVIRONMENTAL ASSESSMENT: An Environmental Impact Report (EIR) was prepared for the Subarea 18 Specific Plan and related land use amendments. The Planning Conm~ission has reviewed and considered the EIR and recom~ended certification to the City Council. FACTS FOR FINDINGS: State law requires the Planning Commission to find that the Development Agreement is consistent with the City's General Plan and the Industrial Area Specific Plan. The following facts support a finding of consistency: The project will provide a mix of different, but compatible, land uses and activities, such as, recreational, commercial, office and industrial, as encouraged by the General Plan objectives. B. The proposed master plan organizes land uses in a fashion that is compatible with surrounding land uses. The proposed master plan and mix of land uses supports the "centers" concept encouraged by the General Plan to foster multiple purpose trips and discourage freq12ent ingress/egress movement onto planned circulation routes. D. The project includes mixed-use development surrounding a commuter rail station which creates a built-in ridership. The master plan and mix of land uses will provide a wide range of employment opportunities with respect to income and skills as encouraged by the Industrial Area Specific Plan. The master plan and mix of land uses will accommodate the personal needs of workers and business visitors as well as the service needs of local businesses. G. The agreement encourages development by eliminating uncertainty and time and money consuming delays in the governmental processes. PLANNING COMMISSION STAFF REPORT DA 94-01 - GENERAL DYNAMICS May 25, 1994 Page 3 CORRESPONDENCE: This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper and notices were sent to all property owners within 300 feet of the project site. To date, no correspondence has been received either for or against this proposal. RECO~4ENDATION: Staff recommends that the Planning Conm~ission forward a recommendation of approval of Development Agreement 94-01. Rezpec~full ,~' ~u~itted, Rick G~mez Communiby._~ lopment Director RG tDC: ml g Attachments: Exhibit "A" - Subarea 18 Specific Plan Resolution of Approval with Development Agreement PLANNING PLANNING AREA Ill 2Z.3 Acres PLANNING AREA Xl 18,0 Acrea PLANNING AREA I-B PLANNING AREA IX 21.0 Acres PLANNING PLANNING AREA I-A AREA VIII 62.1 Acres 22.7 Acres PLANNING AREA VI AREA VII SUBAREA 18 SPECIFIC RANCHO CUCAMONGA, Fourth Street PLAN CALIFORNIA .,. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO ENTER INTO DEVELOPMENT AGREEMENT 94-01, FOR THE SUBAREA 18 SPECIFIC PLAN, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-272-01, 04, 07, AND 08; 210-081-22 AND 23; 210-082-02, 11, 17, 37, 38, AND 39; AND 210-361-01 THROUGH 26. A. Recitals. 1. An application for Development Agreement (Zone Change) has been filed with the Planning Department for the redevelopment of 380 acres of land bounded on the south by 4th Street, on the east by Milliken Avenue, on the north by the A. T. & S. F. (Metrolink) Railroad, and on the west by Cleveland Avenue and Utica Avenue. 2. The Planning Commission of the City of Rancho Cucamonga has heretofore held a duly noticed public hearing, as required by law, to consider the aforementioned Development Agreement. 3. The subject property of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed Development Agreement is attached as Exhibit "A" to this Resolution. 5. The Planning Commission has reviewed and considered the associated Environmental Impact Report prepared for said project. 6. 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. All of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Commission specifically finds that the Development Agreement and each and every term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga. 3. This Commission hereby finds that an Environmental Impact Report has been completed in compliance with the California Environmental Quality Act, as amended, and the City's Environmental Impact Report Guidelines, and further, that this Commission has reviewed and considered the information contained in said Environmental Impact Report. PLANNING COMMISSION RESOLUTION NO. DA 94-01 - GENERAL DYNAMICS May 25, 1994 Page 2 4. This Commission hereby recommends to the City Council approval of the Development Agreement attached hereto as Exhibit "A." 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF MAY 1994. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, 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 25th day of May 1994, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGAAND GENERAL DYNAMICS CORPORATION CONCERNING SUB-AREA 18 SPECIFIC PLAN This Development Agreement is entered into this day of , 1994, by and between General Dynamics Corporation, a Delaware corporation ("GD") and the City of Rancho Cucamonga, a municipal corporation (City") pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code. GD and its successors and assigns are referred to collectively hereinafter as the "Property Owner." RECITALS: A. To provide more certainty in the approval of development projects, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California has adopted Sections 65864, et seq. of the California Government Code authorizipg City to enter-into binding development agreements with persons having legal or equitable interests in real property in order to establish development rights with respect thereto. B. The City adopted Resolution No. 18-40 on April 6, 1981 pursuant to which it adopted the City of Rancho Cucamonga General Plan (as amended prior to the date of this Development Agreement, the "General Plan"). Pursuant to Resolution No. 81-128 approved on August 19, 1981 and Ordinance No. 297 approved on September 17, 1986, the City adopted the Industrial Area Specific Plan for the City of Rancho Cucamonga (as amended prior to the date of this Development Agreement, the "IASP"). The Redevelopment Agency of the City of Rancho Cucamonga ("RDA") approved the Rancho Redevelopment Project and Redevelopment Plan Amendment No. 1 by adopting Ordinance No. 316A on August 6, 1987 (as amended prior to the date of this Development Agreement, the "Redevelopment Plan"). C. Property Owner owns fee title to approximately 380 acres of real property located entirely within the City and more completely described in Exhibit A attached hereto (the "Project Site"). Property Owner has applied to City for the approval of a Sub-Area 18 Specific Plan (the "Sub- 210212 12575711 Area 18 Specific Plan"), certain conforming amendments tc the General Plan and the IASP, and approval of a tentative parcel map as described in Section C.1 below (collectively, the "Specific Plan Entitlements"). The Specific Plan Entitlements were approved by the City pursuant to [Describe Resolution/Ordinances]. In accordance with the rules, regulations and policies of the California Environmental Quality Act ("CEQA") and the City's Guidelines for Implementing CEQA, the City has certified a Program EIR in connection with the Specific Plan Entitlements (the "EIR") as being accurate, adequate and complete in the environmental evaluation of the impacts associated with the Project and the implementation of this Development Agreement. D. The Sub-Area 18 Specific Plan contemplates a mixed~use development composed of a series of large anchor parcels surrounding an 18-hole golf course. In addition to the golf course, some of the principal features of the Sub- Area 18 Specific Plan include: a re-use program for the three existing buildings located on approximately 75 acres of the Project Site north of 4th Street and east of Utica Street (including potential development of associated parking facilities); adaptive recreational, commercial, and office uses; and the proposed site for a Metrolink station. The principal ~oals and objectives of the Sub-Area 18 Specific Plan are identified in detail in Specific Plan Entitlements, and include permitting greater planning flexibility and encouraging more creative and imaginative designs; providing a process for initiation, review, and regulation of the project area that affords the maximum flexibility to the property owner within the context of an overall development program and phased subdivisions, coordinated with the provision of necessary public services and facilities; and promoting a more marketable commercial focus and enhancing the potential to create jobs and revenue. The development of the Project Site pursuant to the terms of the Specific Plan Entitlements is referred to hereinafter as the "Project". E. This Development Agreement will enable City to realize significant financial, recreational, commercial and regional benefits and facilities. The development of the Project at the earliest practicable date will contribute toward the generation of City revenues and benefits and enhance the quality of life of present and future residents of the City. F. Property Owner and City hereby desire to provide for the development of the Project Site pursuant to ~0217 12575711 2 the rules, regulations, policies and provision~ described further herein. G. As further set forth in [describe Ordinance] adopted by City on ,1994, the execution of this Development Agreement and the performance of and compliance with the terms and conditions set forth herein by the parties hereto: (i) is in the best interest in the City; (ii) will promote the public convenience, general welfare, and good land use practices in the City; (iii) will promote preset-ration of land values; (iv) will promote the policies and objectives of the Redevelopment Plan and encourage the development of the Project by providing a level of certainty to the Property Owner; (v) will provide for orderly growth and development of the City consistent with the City's General Plan; and (vi) is consistent with the General Plan, the IASP, and the Specific Plan Entitlements. Agreement NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and covenants of the parties herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. GENERAL PROVISIONS. A. Term. The term of this Development Agreement shall commence on the effective date of the adopting Ordinance approving this Development Agreement and shall extend for a period of twenty (20) years thereafter, unless this Development Agreement is terminated, modified or extended by circumstances set forth in this Development Agreement (including, without limitation, the extensions provided below and any extension attributable to the "force majeure" circumstances described in Section 2.C.5 below) or by mutual consent of the parties hereto. Following the expiration of the te£m, this Development Agreement shall be deemed terminated and of no further force and effect; provided, however, that such termination shall not automatically affect any right or duty arising from project entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement. 210212 12575711 3 B. Assignment. Subject to the terms of this Agreement, Property Owner shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Section lB, "transfer") the Project Site in whole or in par~, to any person, partnership, joint venture, firm or corporation at any time during the terra of this Development Agreement. Upon the express assumption of any or all of the obligations of Property Owner under this Development Agreement by such purchaser or transferee of the Project Site or any portion thereof, Property Owner shall be relieved of its legal duty to perform said obligations under this Development Agreement at the time of assignment, except to the extent Property Owner is in Default of any of the terms of this Development Agreement when the property is sold or transferred. If one or more of such parcels comprising the Project Site are sold or transferred and there is noncompliance by the transferee owner with respect to the terms and conditions of this Development Agreement (to the extent such terms and conditions have been expressly assumed by such transferee), or by the transferor with respect to any portion of the Project not sold or transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or transferor as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any other portion of the Project and not themselves in breach hereunder. Any alleged default shall be governed by the provisions of Section 3 below. In no event shall the reservation or dedication of a part or parts of the Project Site to a public agency cause a transfer of duties and obligations hereunder to such public agency unless specifically stated to be the case in this Development Agreement, any of the exhibits attached hereto, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency. C. Amendment of Agreement. This Development Agreement may be amended from time to time by mutual consent of the parties in accordance with the provisions of Government Code Sections 65867 and 65868. Notwithstanding anything stated to the contrary herein, the parties may enter into one or more implementing agreements, in accordance with the following paragraph, to clari~y the 210212 12575711 4 intended application or interpretation of the Development Agreement. Property Owner and City acknowledge that the provisions of this Development Agreement require a close degree of cooperation between Property Owner and City, and that in the course of implementing the Project it may be necessary to supplement this Development Agreement to address the details of the parties' performance and to otherwise effectuate the purpose of this Development Agreement and the intent of the parties with respect thereto. If and when, from time to time, the parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement without amending any of the Development Agreement's material terms, the parties may do so through an implementing agreement, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further changed or supplemented from time to time as necessary. Such implementing agreements shall only be executed by the Coa~:tunity Development Director (on behalf of the City) if the Community Development Director has determined that such implementing agreements are not materially inconsistent with this Development Agreement, the Specific Plan Entitlements, and the ordinances, rules, regulations and official policies in force at the time of executiDn of this Development Agreement. Any changes to this Agreement which would impose additional obligations on the City beyond those which would be deemed to arise under a reasonable interpretation of this Agreement, or would purport to change land use designations applicable to the Project Site under the Specific Plan Entitlements will be considered "material" and require a formal amendment of this Agreement. Section 2. DEVELOPMENT OF THE PROPERTY. A. Land Use Entitlements. During the term of this Development Agreement, the pe£mitted uses for the Project, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed buildings, building and yard setback requirements, provisions for reservations or dedications, design and perfoL,~nce standards and other terms and conditions of development of the Project shall be those set forth in the Specific Plan Entitlements and any other applicable Project Entitlements (as hereinafter defined). Pursuant to the procedures set forth in the Specific Plan, Property Owner may apply from time to time for the approval of a master plan ("Master Plan") with respect to each Planning Area comprising the Project Sise. Upon approval of such Master Plan, the Property Owner with respect to such Planning Area shall have the right to proceed with development in accordance with such Master Plan approval and shall be legally vested with respect to all land use designations, design and performance standards, provisions for dedications and reservations and other terms and conditions of development contained therein ("Master Plan Entitlements") for a period of five (5) years following such approval. On the date of the Annual Review following such 5-year term, upon application by the Property Owner of such Planning Area, the Community Development Director shall detezmine whether the vesting of Master Plan Entitlements for the Planning Area should continue for an additional 5- year period. Such determination shall be based upon the reasonable progress of development within the applicable Planning Area during the preceding 5-year period and the reasonable viability of the Master Plan for such Planning Area. Any decision by the Co~uu~nity Development Director not to extend the Master Plan Entitlements shall be appealable, in the first instance, to the Planning Commission in accordance with Section 17.02.080 A of the City Development Code, subject to further appeal to the City Council pursuant to Section 17.02.080B. The failure to extend such Master Plan Entitlements shall not in any way affect the other rights of the-Property Owner vested under this Development Agreement and shall not affect any Project Entitlements applicable to any other Planning Area. Upon approval of each Development/Design Review application for any individual construction project within a Planning Area, all development plans approved in connection with such application shall be legally vested for a period of five (5) years thereafter, and the Property Owner with respect to such approved Development/Design Review shall be entitled to proceed with development on the basis thereof (the "Development/Design Review Entitlements"). The expiration of such Development/Design Review Entitlements shall no~ in any way affect the other Project Entitlements vested hereunder, including the Specific Plan Entitlements and Master Plan Entitlements applicable to the parcel in question, and any Project Entitlements, including any Development/Design Review Entitlements, applicable to any other parcel within the Projec~ Site. The Specific Plan Entitlements, the Master Plan Entitlements, and the Development/Design Review Entitlements, along with all other rights vested under this Developmen~ Agreement are referred ~o hereinafter as the "Project Entitlements." In consideration of this Development Agreement, Property Owner has agreed to pay or provide to City the 210212 1257fi711 6 fees, charges, public benefit payments, mitigations, improvements, dedications, reservations and other benefits expressly provided for and set forth in the Specific Plan Entitlements (collectively, "Exactions"), which Exactions are set forth in Exhibit "B" attached hereto (provided that, in the event of any conflict between Exhibit "B" and the te£ms of the Specific Plan Entitlements, the Specific Plan Entitlements shall control). Other than the Exactions, City shall not impose or require any additional fees, charges, public benefit or facility payments, mitigations, improvements, dedications, reservations or benefits for development or construction of the Project, except as expressly permitted under this Section 2, or as may be required by applicable state or federal law. B. Rules and Regulations. Pursuant to and consistent with California Government Code Section 65866, except as otherwise explicitly provided in this Development Agreement, the ordinances, rules, regulations and official policies governing permitted uses of the Project Site, the density and intensity of such uses, and design, improvement, and construction standards and specifications applicable to development of the Project, shall be those ordinances, rules, regulations and official policies and General Plan and IASP provisions in force at the time of execution of this Development Agreement, including but not limited to the zoning adopted pursuant to the Specific Plan Entitlements ("Existing Laws"). City shall not be prevented in subsequent actions applicable to the Project, from applying new ordinances, rules, regulations, policies and General and Specific Plan provisions then in effect ("Future Policies") which do not conflict with the Existing Laws, the Project Entitlements, or the express provisions of this Development Agreement. Such conflict shall be deemed to occur if, without limitation, such Future Policies: (i) modify the permitted types of land uses, the density or intensity of use, the maximum height or size of proposed buildings on the Property, building and yard setback requirements, or impose requirements for the construction or provision of on-site or off-site improvements or the reservation or dedication of land for public use, or the payment of fees or the imposition of exactions, other than as are in each case specifically provided for in this Development Agreement; (ii) prevent the Property Owner from obtaining all necessary approvals, permits, certificates or other entitlements at such dates and under such circumstances as 2{0'212 12575711 7 the Property Owner would otherwise be entitled under this Development Agreement; (iii) prevent or inhibit Property Owner from commencing, prosecuting and finishing on a timely basis the construction and development of the Project or the satisfaction of Property Owner's obligations hereunder in the manner and as contemplated by this Development Agreement. C. Timing of Development. 1. Development of the Golf Course. GD has applied to City for the approval of a parcel map subdividing the Project Site into the Planning Areas identified in the Sub-Area 18 Specific Plan, providing for certain improvements necessary to operate the Golf Course (as defined below), and deferring improvements on the remainder of the Project Site until individual Planning Areas are ready to be developed as contemplated in paragraph C.2 below (the "Phase I Subdivision"). In consideration of the rights afforded it under this Development Agreement, Property Owner agrees that it will apply to City for the approval of grading and building permits necessary to develop an 18-hole championship quality golf course within Planning Areas IA and IB (the "Golf Course") within 12 months after recordation of a final parcel map with respect to the Phase I Subdivision. No Development/Design Review shall be required with respect to the Golf Course. Upon receipt of all necessary grading and building permits, Property Owner agrees to proceed diligently with the construction of the Golf Course and shall use its best reasonable efforts to complete construction of the Golf Course, including, without limitation, all improvements with respect thereto identified in the Phase I Subdivision, within 24 months after all applicable permits for construction have been issued. The periods for proceeding with development and construction of the Golf Course are subject to extension due to force majeure events as described in Section 2.C.5 below. 2. Development of Remainder of Project Site. Neither Property Owner nor City can presently predict when or the rate at which phases of the Project Site will be developed, since such decisions depend upon numerous factors which are not within the control of Property Owner, including but not limited to market orientation and demand, interest rates, absorption, competition, and other factors. The parties expressly acknowledge and agree that Property Owner retains flexibility hereunder to develop the Property in such order and at such rate and times as are appropriate 2~0212 1257571! within the exercise of the Property Owner's business judgment. The City further acknowledges that GD may desire to market, sell, or otherwise arrange for disposition of some or all of the Planning Areas (including the Golf Course) comprising the Project Site, in whole or in part prior to development, and that the rate at which the Project develops will likely depend upon the business judgement of subsequent owners of the Project Site. 3. Infrastructure Phasing. The principal infrastructure associated with the development of the Project is identified in Exhibit C attached hereto (the "Principal Infrastructure"). The Principal Infrastructure will be constructed in phases as individual Planning Areas are developed. The phasing of the Principal Infrastructure is described further in Exhibit C. 4. City's Cooperation. The City shall use its best good faith efforts to process and take final action on Property Owner's applications for land use permits and approvals within the time periods set forth in the Sub-Area 18 Specific Plan. Such cooperation shall include, without limitation, using its reasonable efforts to process subsequent Development/Design Review projects in accordance with the time periods set forth in the following paragraph; completing any required environmental review in accordance with Section 2E below as soon as reasonably possible; in instances where a Property Owner is applying for concurrent land use approvals, including, subdivision, master plan, or Development/Design Review, carefully coordinating and streamlining all applicable filing and submission requirements, co~aittee meetings, review processes, and hearings to avoid duplication and delays to the greatest extent practicable; and promptly processing all Non- Discretionary Permits in accordance with Section 2G below. Any future regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Project Site or the extent thereof shall be deemed to conflict with the rights to development of the Project hereunder and shall to that extent not be applicable to the development of the Property. City agrees to use its reasonable efforts to process all Development/Design Review Projects within Sub- Area 18 to be approved by the City Planner in accordance with the following schedule: (1) As soon as reasonably possible, but in any event within thirty (30) days of the submission of an 210212 12575711 9 application for Development/Design Review, the Community Development Department shall advise the applicant in writing of any additional information which needs to be provided in order to consider such application complete. If, after resubmittal by the applicant, additional information is still needed, the Community Development Department shall so notify the applicant within ten (10) days of such resubmission; provided, however, that such 10-day period shall not apply in the event required soils and drainage reports are not included in the initial submission, and such period shall not shorten the thirty (30) day period for reviewing the initial submission application. (2 In the event no further environmental review document is required, committee reviews and staff reports shall be completed fifteen (15) days after the date the application is deemed complete in accordance with paragraph (1) above (or, in the event the application is deemed complete prior to the initial 30-day period, within 45 days after initial submission of the application). (3) In the event that no further environmental documentation is required as provided above, the City Planner shall make a final decision on the application within thirty (30) days after the application is deemed complete in accordance with paragraph (1) above (or if the application is deemed complete prior to the expiration of the first thirty (30) days after submission, within sixty (60) days after initial submission of the application). 5. Force Majeure. Notwithstanding anything to the contrary contained in this Development Agreement, Property Owner and City shall be excused from performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, or any other cause beyond the reasonable control of the City or Property Owner, as applicable. The time of performance of such obligations as well as the te£m of this Development Agreement shall automatically be extended by the period of such delay hereunder. D. Future Entitlements. City shall retain its discretionary review authority with respect to future entitlements for 210212 12575711 iO development of the Project, including, but not limited to, to the extent applicable, tentative tract and parcel map approvals, Master Plan approvals, conditional use permits, and Development/Design Review. However, any such discretionary review shall be expressly subject to the provisions of this Development Agreement, and City may only impose conditions upon such discretionary entitlements which are consistent with the Project Entitlements, and the terms of this Development Agreement, except as otherwise specifically required by state or federal law. E. Environmental Review. Other than the mitigation measures and conditions of approval set forth in the EIR and the Specific Plan Entitlements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Project, as presently approved and as addressed by the EIR, appear to be necessary. The EIR was prepared and certified as a Program EIR within the meaning of 14 Cal. Admin. Code § 15168, and is intended to analyze and cover the Project as a whole. In connection with City's issuance of any discretionary pe£mit or approval which is subject to CEQA, City shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent permitted by CEQA, the City shall use and adopt the EIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters without requiring new or supplemental environmental documentation. In the event CEQA requires any additional environmental review, the City may impose additional measures (or conditions) to mitigate as permitted by law the adverse environmental impacts of such discretionary entitlements which were not considered at the time of approval of the Project; provided, however, that: (i) Unless required by state or federal law, no new or additional mitigation measures shall be imposed as a result of any Future Policies; and (ii) City agrees and acknowledges that the traffic impact analysis ("TIA") incorporated in the EIR has fully analyzed the traffic projected to be generated from the Project, and, in accordance with all applicable legal requirements, including, without limitation, the TIA Guidelines set forth in the San Bernardino County Congestion Management Plan ("CMP"), a total of 45,200 trips may be generated prior to the year 2010 without the necessity of preparing a new TIA. In the event and at such time as the Project generates more than 45,200 vehicle trips, the City 210212 12575711 1 1 may require a new TIA in accordance with such CMP standards as may exist at such time. Except in such event (and except for such traffic circulation/site-access analysis as may be reasonably required to determine the configuration and alignment of streets adjacent or internal to the Project), no further TIA's shall be required by the City with respect to implementation of the Project. The EIR, which has been certified as a Program EIR under CEQA, also satisfies the requirements of a Master EIR under Section 21157 of the Public Resources Code. Because the distinctions between a Program EIR and a Master EIR remain unclear pending adoption of revised State Guidelines for implementing CEQA, Property Owner has reserved the right to request City to adopt such additional resolutions and findings concerning the status of the EIR as a Master EIR if subsequent legal requirements make such designation advisable or desirable in implementing the intent of this Development Agreement. City agrees to fully cooperate with Property Owner in complying with such request, and will do so unless prohibited by applicable state or federal law. Fo City Fees and Mandates by State or Federal Law~. The parties acknowledge and agree that the fees and impositions which may potentially be imposed by City on the Project and Property Owner fall within one of three categories (collectively, "Fees"): (a) fees for processing land use and building applications which are not otherwise governed by the provisions of Section 66000 of the Government Code (but which are subject to the limitations set forth in Sections 66013, 66014 and 66016-66018.5 of the Government Code) (the "Processing Fees"); (b) fees or other monetary exactions which are contemplated under ordinances or resolutions in effect as of the date of this Development Agreement and which purport to defray all or a portion of the cost of impacts to certain public facilities, improvements and other amenities from development projects, including any fees described in Government Code Sections 66000 et. seq. (collectively, the "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or other modifications to existing fees, so long as such modified fees relate to the same category of impacts identified in the Existing Fee Categories); and (c) fees or other monetary exactions which may be imposed in the future by the City for purposes of defraying all or a portion of the cost of public facilities, improvements, or amenities related to development projects, but excluding the Existing Fee Categories ("Other Fees"). The Property Owner's obligation to pay Fees shall be specifically governed by the following provisions: 210212 12575711 12 1. Processinq Fees. The City may charge Processing Fees which are in force and effect on a City-wide basis at the time of a Property Owner's application for a land use or building permit or approval. The amount of any Processing Fees shall be determined by the City in accordance with all applicable laws, including Government Code Sections 66013, 66014 and 66017-66018.5 (or any successor laws, as applicable). Unless otherwise agreed by Property Owner and City, the Processing Fees assessed Property Owner shall be the same as those imposed upon other development projects throughout the City. 2. Existing Fee Categories. Exhibit D attached hereto contains a description of each of the Existing Fee Categories and the Property Owner's obligations with respect thereto. Other than the obligations set forth in Exhibit D, neither Property Owner nor the Project shall be subject to any additional City-imposed fees, impositions or monetary exactions with respect to any Existing Fee Categories for a period of five (5) years following the date of this Agreement. No fees in respect of Existing Fee Categories shall be charged or assessed ~t Any ~im9 against the Golf Course, the golf practice/training facilities and all golf-related improvements to be located within Planning Area III, or any improvements to be constructed thereon, including, without limitation, .the clubhouse, maintenance building, practice facility str~cture, and any other golf- related facilities. Additionally, from and after the date Property Owner receives Development/Design Review approval for a construction project, to the extent any fees, impositions, or monetary exactions with respect to any Existing Fee Categories are not otherwise fixed pursuant to this Section 2.F.2, for a period of five years after the date of such Development/Design Review approval, such fees shall be those adopted by the City as of the date of such Development/Design Review approval. The period during which fees are limited as described in this paragraph (and as further applied in paragraph 3 below) is referred to hereinafter as the "Fee Limitation Period." 3. Other Fees. In consideration of the Exactions and Property Owner's agreement to cause the development of the Golf Course in accordance with the te£~LLs set forth above, no Other Fees shall be imposed upon Property Owner or the Project during the applicable Fee Limitation Period, except as may be specifically required to carry out any new state or federal law or mandate, or as necessary to mitigate environmental impacts of the project in accordance with Section 2E above. In such event, any such Other Fees shall be limited to Property Owner's fair share contribution to impacts created by the Project, shall 210212 12575711 13 not discriminate against the Property Owner (as compared to other property owners in the City), and shall not duplicate any Exactions or other mitigations or fees contributed or paid by Property Owner or the Project. G. Non-Discretionary Permits. The parties acknowledge that in the course of implementing the Project, Property Owner will, from time to time, apply to City for various non-discretionary permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, building permits, certificates of occupancy, and any permits necessary to connect the Project to utility systems under the City's jurisdiction (collectively, the "Non-Discretionary Permits"). Property Owner shall have the right to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Policies pursuant to Section 2B). City shall issue to Property Owner, upon such applications, all necessary Non-Discretionary Permits, subject to compliance with the terms of this Agreement, the City's Existing Laws (and any applicable Future Policies pursuant to Section 2B) and payment of City's usual and customary fees and charges for such applications and Non-Discretionary Pe£mits (subject to the provisions of Section F.1 above). City further agrees that upon its approval of any plans, specifications, design drawings, maps, or other submittals of Property Owner in connection with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements, approvals, and consents required from City to implement the Project which are consistent with and further implement such Approved Plans shall be expeditiously processed and approved by City in accordance with this Agreement. Property Owner shall be entitled to rely upon such Approved Plans in constructing, developing, and implementing the Project, and City shall not require Property Owner to modify or amend any such Approved Plans unless, and only to the extent, the conditions pursuant to which the Project will be implemented have materially changed subsequent to the approval of such Approved Plans in a manner which requires modifications in order to mitigate specifically identified threats to the public health and safety. H. Cooperation. 1. Cooperation With Other Public Agencies. City hereby acknowledges that Property Owner may apply from time to time for permits and approvals as may be 2~0212 12575711 14 required by other governmental or quasi-governmental agencies having jurisdiction over the Project in connection with the development of, or provision of services to, the Project, including, without limitation, approvals in connection with developing and implementing a tertiary water system, potential transportation improvements, and other on- site and off-site infrastructure. City shall cooperate with Property Owner in its efforts to obtain such permits and approvals from such agencies (including, without limitation, the Cucamonga County Water District, Chino Basin Municipal Water District, the Municipal Water District, and the City of Ontario), and shall provide any documents or certificates reasonably required to process and obtain such permits and approvals. Such cooperation may specifically include assisting Property Owner in obtaining certain permits from the City of Ontario in connection with the potential discharge of surface water to drainage improvements to be located along 4th Street south of the Project Site. 2. Construction of Off-Site Improvements. To the extent that Property Owner is required to construct any off-site improvements as a condition to developing the Project, City shall, through appropriate means (but at no out-of-pocket expense to City), including, without limitation, condemnation proceedings (assuming all applicable findings can be made on the basis of substantial evidence in the record) or dedication requirements, obtain any necessary or appropriate off-site easements and rights- of-way. To the extent the purchase of off-site easements or access rights are required, through threat of condemnation or otherwise, Property Owner shall reimburse City for the acquisition costs with respect thereto. To the extent that such off-site improvements, or the construction of any substantial infrastructure on-site, substantially benefit other property owners within the IASP or other portions of the City, City agrees to reasonably assist Property Owner in obtaining reimbursement or other fair share contribution by such other benefitted property owners. Such assistance may include, without limitation, conditioning the approval of development projects proposed by such benefitted property owners upon such owners' contribution on a fair share, pro- rata basis to the construction costs of such improvements. City specifically agrees that with respect to the infrastructure improvements identified in Exhibit C attached hereto which are adjacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to require fair share reimbursement to Property Owner for construction and related costs incurred in providing such improvements. 210212 12575711 15 3. Public Financing. The parties hereby acknowledge that substantial public improvements must be constructed in order to develop the Golf Course and the remainder of the Project Site and that public financing of a substantial portion of these improvements will be critical to the economic viability of the Project. Subject to the City's ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements, City agrees to cooperate with and assist Property Owner to the fullest extent possible in developing and implementing a public financing plan for the construction of the public infrastructure improvements described in Exhibit C hereto. The implementation of such plan may include, without limitation, the formation of one or more assessment districts or Mello-Roos community facilities districts. Such cooperation shall also include such coordination and assistance with the RDA as may be reasonably necessary or appropriate to facilitate the establishment and implementation of the public financing plan, the formation of a community facilities district or assessment district, or the issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan. Section 3. ANNUAL REVIEW. A. Good Faith Compliance. Pursuant to California Government Code Section 65865.1, City shall, once every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Property Owner with the te~ms of this Development Agreement; provided, however, that it is intended that this review shall apply to the Project Site as a whole, as opposed to each individual Property Owner who may own a parcel comprising the Project Site. In connection with such annual review, the Property Owner shall provide such information as may be reasonably requested by the City in order to determine whether any provisions of this Agreement have been breached by such Property Owner. If at any time prior to the review period there is an issue concerning a Property Owner's compliance with the terms of this Development Agreement, the provisions of this Section 3 will apply. B. Certificate of Compliance. If the Property Owner is found to be in compliance with this Development Agreement after annual review, the Community Development Director shall, upon written request 210212 12575711 16 by the Property Owner, issue a certificate of compliance ("Certificate of Compliance") to the Property Owner stating that based upon information known tD the City, the Development Agreement remains in effect and the Property Owner is not in default. The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart constructive record notice of compliance. The Property Owner may record the Certificate of Compliance in the Official Records of the County of San Bernardino. C. Finding of Default. If, upon completion of the annual review, the Community Development Director intends to find that the Property Owner has not complied in good faith with the material terms of this Development Agreement ("Default"), he shall first give written notice to such effect to the Property Owner. The notice shall be accompanied by copies of all staff reports, staff recommendations and other information concerning the Property Owner's compliance with the terms of this Development Agreement as City may possess which is relevant to determining Property Owner's performance under this Agreement. The notice shall specify in detail the grounds and all facts demonstrating such noncompliance, so that the Property Owner may address the issues raised on a point-by-point basis. Property Owner shall have twenty (20) days after its receipt of such notice to file a written response with the Community Development Director. Within 10 days after the expiration of such 20- day response period, the Co~nunity Development Director shall notify Property Owner whether Property Owner is deemed to be in Default under this Agreement ("Notice of Default"). Such Notice of Default shall specify the instances in which the Property Owner has failed to comply with the Development Agreement and the terms under which compliance can be obtained. The Notice of Default shall also specify a reasonable time for the Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of the Notice of Default and shall be reasonably related to the time necessary to bring the Property Owner's perfo£~nce into good faith compliance. D. Right to Appeal. Upon receipt of a Notice of Default, Property Owner may appeal the Co~anunity Development Director's decision directly to the City Council. Such appeal shall be initiated by filing a written notice of appeal with the City Clerk within ten (10) calendar days following Property Owner's receipt of the Notice of Default. The hearing on 210212 12575711 17 such appeal shall be scheduled in accordance with Section 17.02.080 of the City Development Code. At the hearing, the Property Owner shall be entitled to submit evidence and to address all of the issues raised by the Notice of Default. If, after considering all of the evidence presented at the hearing, the City Council finds and determines on the basis of substantial evidence that the Property Owner is in Default, then the City Council shall specify in writing to the Property Owner the instances in which the Property Owner has failed to comply and the terms under which compliance can be obtained, and shall also specify a reasonable time for the Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of such notice and shall be reasonably related to the time necessary to bring the Property Owner's performance into good faith compliance. E. Property Owner's Cure Rights. If Property Owner is in Default under this Development Agreement, it shall have a reasonable period of time to cure such Default before action is taken by City to terminate this Agreement or otherwise amend or limit Property Owner's rights hereunder. In no event shall such cure period be less than the time set forth in the finding of Default made pursuant to Sections 3C or 3D (as applicable) above or less than the time reasonably necessary to cure such default. Any such cure period shall be extended by the force majeure circumstances described in Section 2C above. Section 4. ENFORCEMENT. A. Enforceable by Either Party. Subject to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any party hereto. B. Cumulative Remedies. In addition to any other rights or remedies, any party may institute legal action to cure, correct or remedy any default (to the extent otherwise pe£mitted herein and in Government Code Section 65864 et seq. or any successor laws and regulations), to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, and relief in the nature of mandamus. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or 210212 [2575711 18 more of the remedies shall not constitute a waiver or election with respect to any other available remedy. The provisions of this Section 4B are not intended to modify other provisions of this Development Agreement and are not intended to provide additional remedies not otherwise permitted by law. C. Attorneys' Fees. In any legal proceedings brought by either party to enforce any covenant or any of such party's rights or remedies under this Development Agreement, including any action for declaratory or equitable relief, the prevailing party shall be entitled to reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection with such action. Any such attorneys' fees and other expenses incurred by either party in enforcing a judgment in its favor under this Development Agreement shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such judgment. Section 5. MISCELLANEOUS PROVISIONS. A. Successors and Assigns. The terms of this Development Agreement shall be binding upon an inure to the benefit of the parties, and their successors and assigns. B. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the tezms, covenants and conditions contained in this Development Agreement. No partnership, joint venture or other association of any kind is fokmed by this Development Agreement. The only relationship between the City and Property Owner is that of a government entity regulating the development of private property and the owner of such private property. C. Captions. The captions of this Development Agreement are for convenience and reference only and shall in no way define, 210212 [2575711 19 explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. D. Mortgagee Protection. 1. Discretion to Encumber. This Development Agreement shall not prevent or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any mortgage, deed of trust or other security device securing financing with respect to all or any part of the Property or any improvement thereon (a "Mortgage"). 2. Effect of Default. This Development Agreement shall be superior and senior to any Mortgage subsequently placed upon the Property, or any portion thereof, or any improvement thereon, including the lien of any mortgage or deed of trust. Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. 3. Mortgagee Not Obligated. Notwithstanding anything in this Development Agreement to the contrary, (i) any holder of the beneficial interest under a Mortgage ("Mortgagee") may acquire title to or possession of all or any portion of the Property or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by judicial or nonjudicial foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not have any obligation under this Development Agreement to construct, fund or otherwise perform any affirmative obligation or affirmative covenant of Property Owner hereunder or to guarantee such performance, and Mortgagee may, after acquiring title to all or any portion of the Property as aforesaid, assign or otherwise transfer the Property or any such portion thereof to any person or entity, and upon the giving of notice of such assignment or transfer to City and the assumption by the assignee or transferee of the obligations of Property Owner with respect to the Property or portion thereof so acquired which arise or accrue from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to the Property or portion thereof so assigned or transferred; and (ii) the consent of City shall not be required for the acquisition of all or any portion of the Property by any purchaser at a foreclosure sale conducted pursuant to the terms of any 210212 [2575711 2 0 Mortgage, and such purchaser shall, by virtue of acquiring title to the Property or such portion thereof, be deemed to have assumed all obligations of the Property Owner with respect to the Property or portion thereof so acquired which arise or accrue subsequent to the date of purchase, but such purchaser shall not be responsible for any prior defaults of Property Owner; provided, however, that in either of the instances referred to in clauses (i) and (ii) above, to the extent any obligation or covenant to be performed by Property Owner is a condition to the granting of a specific benefit or to the performance of a specific covenant by City, the performance thereof shall continue to be a condition precedent to City's granting of such benefit and performance of such covenant hereunder. 4. Notice of Default to Mortgagee: Right of Mortqagee to Cure. If a Mortgagee files with the City Clerk a written notice requesting a copy of any notice of default given Property Owner hereunder and specifying the address for delivery thereof, then City shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any notice given to Property Owner with respect to any claim of City that Property Owner has not complied with the terms hereof or is otherwise in Default hereunder. Each such Mortgagee shall have the right (but not the obligation) for a period of thirty (30) days after the expiration of any cure period given to Property Owner with respect to such Default, to cure said default; provided, however, that if any such Default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such Default if such Mortgagee commences to remedy or cure within such thirty (30) day period, and thereafter diligently pursues and completes such remedy or cure. Notwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaining possession, such Mortgagee shall be deemed to have remedied or cured such Default if such Mortgagee shall, within such thirty (30) day period, commence efforts to obtain possession and carry the same forward with diligence and continuity through implementation of foreclosure, appointment of a receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure period specified in Section 3E above. 5. Bankruptcy. Notwithstanding the provisions of paragraph 4 above, if a Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Project Site by any process or 210212 12575711 2 1 injunction issued by an court or by reason of any action by any court having jurisc .tion of any bankruptcy or insolvency proceeding 1. volving Property Owner, Mortgagee shall for the purposes hereof be deemed to be proceeding with diligence and continuity to obtain possession of the Property during the period of such prohibition if Mortgagee is proceeding diligently to te£minate such prohibition. 6. Amendment to Development Agreement. City and Property Owner agree not to modify or amend this Development Agreement or allow this Development Agreement to be modified or amended in any way, or cancel this Development Agreement, without the prior written consent of each Mortgagee, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything stated above to the contrary, City and Property Owner shall cooperate in including in this Development Agreement by suitable implementing agreement from time to time any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Development Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement. City and Property Owner each agree to execute and deliver (and to acknowledge, if necessary, for recording purposes) any implementing agreement necessary to effect such request; provided, however, that any such implementing agreement shall not in any material respect adversely affect any rights of City hereunder or be materially inconsistent with the substantive provisions of this Development Agreement, the Specific Plan Entitlements and the Existing Laws. E. Consent. Where the consent or approval of a party is required in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or approval shall not be unreasonably withheld. F. Entire Agreement. This Development Agreement and the documents attached hereto and referred to herein constitute the entire agreement between the parties with respect to the subject matter of this Development Agreement. G. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent 210212 12.~75711 22 contemplated hereunder in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. H. Governing Law. This Development Agreement, including, without limitation, its existence, validity, construction and operation, and the rights of each of the parties shall be determined in accordance with the laws of the State of California. I. Recording. The City Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of San Bernardino County no later than ten (10) days following execution of this Development Agreement by all parties. J. Time. Time is of the essence in this Development Agreement and of each and every term and condition hereof. K. Waiver. The failure of either party at any time to seek redress for any violation of this Development Agreement or any applicable law or regulation or to insist upon the strict performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have originally constituted a breach of or default under this Development Agreement from having all the force and effect of an original breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement. No provision of this Development Agreement shall be deemed to have been waived by a party unless the waiver is in writing and signed by such party. L. Partial Invalidity. If any term, covenant, condition or provision of this Development Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 210212 12575711 2 3 M. Notices. All notices between the City and the Property Owner and any transferee under this Development Agreement shall be in writing and shall be given by personal delivery, mail or facsimile. Notice by personal delivery or facsimile shall be deemed effective upon the delivery of such notice to the party for which it is intended at the address set forth below (or, in the case of a transferee, at the address specified by such transferee in a written notice to City). Notice by mail shall be deemed effective two (2) business days after depositing such notice postage prepaid, registered or certified, return receipt requested, properly sealed with the United States Postal Service, addressed as set forth below, regardless of whether or when the notice is actually received. The parties' current address are as follows: To City: Attn: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Community Development Director To Property Owner: Attn: General Dynamics 5001 Kearny Villa Road San Diego, California Mr. Richard Hadinger 92123 With copies to: Mr. Stephen Eimer 1412 Canterra Court Pebble Beach, California 93953 Morrison & Foerster 555 West 5th Street, Suite 3500 Los Angeles, CA 90017-1027 Attention: Donald I. Berger, Esq. Either party may change its mailing address or the person to whom notices are to be sent at any time by giving written notice of such change to the other party in the manner provided herein. N. Binding Effect. The covenants and agreements contained in this Development Agreement shall inure to the benefit of, and shall be binding upon each of the parties and their respective heirs, administrators, successors and assigns. 210212 {2575711 2 4 O. Indemnification. GD hereby agrees to indemnify, defend, and hold harmless City and its agents, officers, and employees (the "Indemnified Parties") from and against any claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement. GD's obligations under this Section 4.0 are subject to and conditioned upon City and GD entering into a mutually satisfactory Joint Defense Agreement pursuant to which City shall cooperate fully with GD in the defense of the lawsuit, GD will be entitled to coordinate and direct the prosecution and defense of such lawsuit, and GD shall retain settlement authority with respect thereto. City and GD agree not to unreasonably withhold or delay their approval of such Joint Defense Agreement. IN WITNESS WHEREOF, the parties have duly executed this Development Agreement as of the day and year first above written. CITY OF R3%NCH0 CUCAMONGA GENERAL DYNAMICS CORPORATION, a Delaware corporation By: By: Mayor Name: Its: ATTESTED TO: By: Name: Its: City Clerk APPROVED AS TO FORM: City Attorney · 2t02~2 1257571~ 2 5 1 S-APR-94 16:50:.26 I Note: Thil figure regmeenl~ N cuntfit progolecl Land U~ Plan f~ S~ Area 18 ~ m~ ~ ~ to ~um ml~menl~ ~or ~f~atio~. Relm to S~m 4.2 ~ U~ P~, T~ ~ I S~m~ La~ U~ Dy PI~ A~ ~ T~ ~2 ~ U~ T~ Oefiniti~s for ~s of la~ ~ ~ ~ ~i~ are~. ~ich~'t Bmdm~n A~iatc~ · I Z/93 exhibit A Conceptual Development Plan Fl~tcf~o Cucomono~a IASP SuD.-Aeea 18 $pee:sf,c P~an EiR EXHIBIT B GENERAL DYNAMICS DEVELOPMENT AGREEMENT EXACTIONS The Specific Plan Entifiements (collectively, "Exactions") consist of the following documents, included herein by this reference: City Council Ordinance No. ~ Specific Plan"). approving the Specific Plan 93-01 ("Subarea 18 Mitigation Monitoring Program for the Rancho Cucamonga IASP Subarea 18 Specific Plan EIR, dated May 4, 1994, and prepared by Michael Brandman Associates. Planning Commission Resolution No. 94-32 approving Tentative Parcel Map 14647. EXHIBIT C GENERAL DYNAMICS DEVELOPMENT AGREEMENT INFRASTRUCTURE PHASING (SUB-AREA 18 SPECIFIC PLAN) PARCEL NUMBERS REFER TO PARCEL MAP 14647 Phase I: Golf Course and Driving Range (Parcels 1, 3, 12, 13) 1. Sixth Street a) Complete north half fronting Parcel 13, including asphalt, curb & gutter, street lights, sidewalk and street b) Widen north side pavement off-site (Parcels 9 & 11) to provide two westbound traffic lanes from Milliken to Cleveland c) Install street lights on south side from Milliken to Cleveland d) Install sidewalk and street trees fronting Parcels 1, 3, 12 (s/s) e) Reconstruct median to eliminate eastbound left turn at mid-block Landscape median from Cleveland to east property line of Parcel 1 ** g) Install right turn lanes for Parcels 3 and 12 driveways 2. Fourth Street a) Install street lights, sidewalks and street tress fronting Parcel I or defer until Parcel 5, 6 or 7 develop 3. Cleveland a) b) Complete knuckle at Seventh Street Reconstruct Fourth Street intersection as drive approach or private street with right turn lane (provide emergency access to Fire District satisfaction) 4. Construct entry monument at FourthSMilliken ** Items eligible for reimbursement Page Two 5. Underground existing overhead utilities: a) b) c) South side of Sixth Street from W/o Cleveland to E/o Parcel 1. North side of Fourth Street from W/o Cleveland to E/o Parcel 1 (less than 66 KV) Along north boundary of Parcel 13 (less than 66 ICV3 Storm Drains a) b) c) d) Install drainage facilities across Parcels ! and 13 to serve Parcels 1, 3, 9, 10, 12, 13, 14 & 15 including a pipe under Sixth Street Install additional inlet facilities north of the Fourth/Cleveland intersection, to maximize use of existing capacity Extend inlet facilities at Sixth/Cleveland, with pavement widening Install drainage facilities or roadway improvements on north side of Sixth Street to eliminate surface flows across Sixth Street at Milliken Parcel 2: 1. Sixth Street a) b) Install median landscaping from Utica to Cleveland (Reimbursement eligible) ** Install bus bay east of Utica 2. Utica Avenue a) b) Install sidewalk east side Widen west side 10 feet asphalt only Parcel 4: Reuse 1. Utica Avenue Install sidewalk, east side Parcel 1. Fourth StFeet a) b) c) Rehab/reconstruct pavement north of centerline from Utica to east property line of Parcel 1 (using Phase I fees) Install sidewalk, street lights, bus bay and driveway right turn lane Underground existing overhead utilities (less than 66 KV) from E/o Cleveland to W/o Utica ** Items eligible for reimbursement Page Three 2. Utica a) b) Install sidewalk east side Widen Fourth intersection as needed (determine by traffic counts) Parcel 6: Fourth Street a) b) c) d) Rehab/reconstruct pavement north of centerline from Cleveland to Milliken (Phase I fees; reimburse from Parcel 7) ** Install street lights Underground existing overhead utilities (less than 66 Install storm drain Install interior street from Fourth Street to Milliken serving Parcels 6, 7, 8 ** (with reimbursement), including right turn lanes on Fourth and Milliken and street lights* Parcel 7: Fourth Street a) b) c) d) Rehab/reconstruct pavement north of centerline from Cleveland to Milliken (Phase I fees; reimburse from Parcel 6) ** Install street lights and bus bay Underground existing overhead utilities (less than 66 Install sto,m drain Install interior street from Fourth Street to Milliken serving Parcels 6, 7, 8 ** (with reimbursement), including right turn lanes on Fourth and Milliken and street lights* 3. Milliken a) Install street lights * Sidewalk, street trees, and driveway right turn lanes upon development ** Items eligible for reimbursement Page Four Parcel 8: Sixth Street a) b) c) Realign Sixth/Milliken intersection to eliminate 12' centerline offset, including median, for 600' W/o Milliken Landscape median (Parcel 9 to reimburse half) ** Underground existing overhead utilities Milliken a) b) Install bus bay Install street lights Install interior street from Fourth to Milliken serving Parcels 6, 7, 8 ** (with reimbursement), including right turn lanes on Fourth and Milliken and street lights* Parcel 9:. 1. Sixth Street a) b) c) d) Realign Sixth/Milliken intersection to eliminate 12' centerline offset, including median, for 600' W/o Milliken Landscape median, (Parcel 8 to reimburse half) ** Complete north half including asphalt, curb & gutter, and street lights Install bus bay Parcel 10: Metrolink, by City Parcel 11: 1. Sixth Street a) b) Complete north half including asphalt, curb & gutter, and street lights and right turn lane Install catch basins 2. Cleveland a) Complete east half, including street lights Parcel 14: Metrolink, by City Parcel 15: Metrolink, by City * Sidewalk, street trees, and driveway right turn lanes upon development ** Items eligible for reimbursement EX~IBIT__~ EXISTING FEE CATEGORIES 1. Transportation DevelopmenD Fee. City Ordinance No. 445; City Resolution No. 91-092. The Fee is intended to mitigate the traffic impacts caused by new development and redevelopment in the City to certain thoroughfares, bridges, and related traffic improvements. The Fee is $1,487.00 Der Ec/uiv&lent Dwelling Unit (EDU). The schedule of Land Use Equivalents, reflecting EDU's for different types of land uses, is set forth in Resolution No. 91-092. The Property Owner shall be subject to the ~oregoing Transportation Development Fee, except as follows: (a) No Fee shall be charged with respect to any golf-related improvements constructed on Parcels 1, 3, 12, and 13 of Tentative Parcel Map 14647, including, without limitation, with respect to any golf course, driving range, golf practice or training facilities, club house, or golf maintenance improvements. (b) Parcels 2, 4, and 5 of Tentative Parcel Map 14647 contain three existing buildings and will only be subject to ~he Fee in the event and to the extent of: (i) the demolition and reconstruction of the existing buildings; or (ii) =he addition of floor space to the existing building. In the event of such new construction activities, ~he Fee shall be based upon the uses proposed for suc~ new Duilding or suoh addition ~o existi~ flour space~ 2. Conmu/nit~ Beautif~ication Fee. Resolution No. 92-223-A. For each hotel or mots1 a fee is assessed in the amount of twenuy oent ($.20) per square foot of gross building area under roof for community beautification. Each addition of 650 square feet or more under roof is also subject to the twenty ¢en~ ($.20) ~er square foot fee. This Fee shall be apDlicable to Parcels 5, 6, and 7 to the extent development of a hotel or mo~el occurs. ~. IB-~,~.eu F-~ f~r ~onstruction of Millik-n Avenue Medign Lan~sc~ing. Resolution 89-574. All undeveloped properties fronting on Milliken Avenue from 4th Street to 6th Street are subject to a fee uo offset construction costs associated with the Milliken Avenue Median Landscaping. The applicabl fee is $86.00 per linear foot. Parcels $ and 8 are subject to this Fee. 1 DATE: TO: FROM: BY: SUBJECT: May 25, 1994 CITY OF RANCHO CUCAMONGA STAFF REPORT Chairman and Members of the Planning Commission Brad Bullet, City Planner Steve Hayes, Associate Planner ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 94-04 - NORTH TOWN HOUSING DEVELOPMENT CORPORATION - The proposed development of 88 rental units for affordable housing on 8.56 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), located on the south side of Feron Boulevard, west of Old Town Park - APN: 209-085-20. Related Files: Conditional Use Permit 94-10, Pre-Application Review 93-07, and Tree Removal Permit 94-01. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 94-10 - NORTH TOWN HOUSING DEVELOPMENT CORPORATION - A request to construct a 2,675 square foot day care facility and related parking on an approximate 1-acre portion of the 8.56-acre, 88-unit North Town affordable housing development, within the Low-Medium Residential District (4-8 dwelling units per acre), located on the south side of Feron Boulevard, west of Old Town Park - APN: 209-085-20. Related Files: Development Review 94-04, Pre-Application Review 93-07, and Tree Removal Permit 94-01. PROJECT AND SITE DESCRIPTION: Surrounding Land Use and Zoning: North - Secondary School; Low-Medium Residential (4-8 dwelling units per acre) South - A. T. & S. F. Railroad right-of-way and winery; General Industrial; (Industrial Specific Plan, Subarea 5) East - Old Town Neighborhood Park; Low-Medium Residential (4-8 dwelling units per acre) West - Single Family Residential; Low Residential (2-4 dwelling units per acre) General Plan Designations: Project Site - Low-Medium Residential (4-8 dwelling units per acre) North - School South - General Industrial East - Open Space West - Low Residential (2-4 dwelling units per acre) ITEM D & E PLANNING COMMISSION STAFF REPORT DR 94-04 & CUP 94-10 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 2 C. Parking Calculations: Number of Number of Type Square Parking Spaces of Use Footage Ratio Required Day Care (40 children) (3 employees) Residential: Total Units: 88 2,675 1/5 children 1/employee Spaces Provided 11 Unit Mix 3 bedroom 34 x 2.0 (covered) 4 bedroom 44 x 2.0 (covered) 44 x 0.3 (open) 68 (covered) 88 (covered) plus 13 (open) 5 bedroom 10 x 2.0 (covered) 10 x 0.3 (open) 20 (covered) plus 3 (open) Visitor 88 x 0.25 (open) 22 (open) Parking Required: 176 (covered) 49 (open) Total Parking Spaces Required: (Including Day Care) 214 225 Parking Provided Visitor Total Parking Spaces Provided (Including Day Care) 88 garages 94 carports 38 open 220 Site Characteristics: The site does not contain any structures. Four mature Eucalyptus trees exist on the property, one of which is proposed to be removed as requested by Tree Removal Permit 94-01 (please see discussion of the Tree Removal Permit within the project analysis). Curb, gutter, and sidewalk exist along the Feron Boulevard frontage. A chain link fence exists along the east property line separating Old Town Park from the site. The site slopes from north to south at approximately 2 percent. PLANNING COMMISSION STAFF REPORT DR 94-04 & CUP 94-10 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 3 BAC~DUND: A series of neighborhood workshops were held with residents of the North Town neighborhood during the summer and fall of 1993 to provide an opportunity for all residents to get involved first hand in the site planning of the project. The general consensus of the neighborhood was a preference for a majority of two-story units, secure covered parking in close proximity to individual living areas, a sufficient amount of private back yard open space, smaller common open space areas for easy surveillance of children, and providing the maximum amount of personal and property security possible into the site plan. The result, the "cluster court" concept essentially similar to the current proposal, follows the general directic~ of the neighborhood residents. Following the neighborhood workshops, the Planning Commission conducted three workshops. On December 8, 1993, the Commission held a Pre-Application workshop where the Commission reviewed the conceptual site plan design and noted two primary concerns: carport parking (n.~mhers and locations) and overall security. The Commission reviewed a revised site plan at a February 9, 1994, workshop. The Commission felt that the changes to the site plan, specifically the carport revisions, were acceptable, but that a tiered security plan should still be prepared to address safety concerns. On April 13, 1994, the Commission held a workshop (in lieu of a Design Review Committee meeting) to consider all aspects of the project. Minutes from the first two workshops and the April 13, 1994, staff report are attached for your convenience. Please refer to the project analysis for a summary of the issues and Commission recommendations from the April 13, 1994, meeting. ANALYSIS: ae General: This project can be viewed as a "hybrid" project design combining elements of single family detached homes. Units are attached by individual garages between living areas and clustered into shared auto courts at the rear of the units, with shared front yard parks at the front of the buildings. Typically, each auto court consists of a cluster of six units. The units range in size from three to five bedrooms, with the smallest one-story three-bedroom unit consisting of 1,000 square feet up to the 1,500 square foot five-bedroom two-story unit. The one-story model has been plotted adjacent to the existing single family homes west of the site for a land use transition. All residences have an attached one-car garage with an additional carport for the three- and four-bedroom units and two additional covered carport spaces for most five-bedroom units. In addition to the carports, visitor parking is dispersed throughout the site, primarily along the three main vehicular access aisles. Perimeter fencing and/or walls, including a 10-foot high sound attenuation wall along the south property line, is proposed around the site. Every unit will have fenced, private open space at the side or rear of the units. In addition, a large percentage of units will also have second story balconies and large functional porches near the front doors. The access locations line up with the circular driveway and employee parking driveway for the Rancho Cucamonga Middle School. Bollards with chains are proposed PLANNING CO~dISSION STAFF REPORT DR 94-04 & CUP 94-10 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 4 at the center of the two main east/west drive aisles to prohibit through access, but the chains can be moved in emergency situations by the Fire District and Sheriff's Department. Project Density/Development Standards: The project is proposed to have a density of approximately 10 units per acre. This density is allowed in this situation in the Low-Medium Residential District (4-8 dwelling units per acre) because State law allows a 25 percent density bonus for projects that are exclusively for the purpose of providing affordable housing. In applying the development standards of the Low-Medium Development District to the project, all standards for building setbacks, open space, etc., are being met, despite the "hybrid" product and higher density. Therefore, staff feels the project, as proposed, meets the intent of the Low-Medium Residential District. Conditional Use Permit: The applicant is also proposing a day care center, with outdoor play area, for up to 40 children. Registration priority will be given to the residents of this project; however, 11 on- site parking spaces are provided adjacent to the day care and meeting room buildings, which meets the requirements of the Development Code. The project meeting room should not contribute to any parking problems since it is intended to be used exclusively by residents of the project. Furthermore, it is not anticipated that the day care center and project meeting room will have overlapping hours of operations. The day care center will operate from 6:30 a.m. to 7:00 p.m. weekdays and the project meeting room will be used primarily on evenings and weekends. Therefore, no parking problems are anticipated with locating the day care facility within the project. The day care center is located at the northeast corner of the project site, adjacent to Feron Boulevard and Old Town Park and separated from any residential units. It is also located adjacent to one of the two vehicle access points, which helps in that any off-site traffic using the facility will not significantly impact the residential portion of the project. Perimeter walls are proposed around the day care play yard to confine noise within the playground, thereby not affecting adjacent land uses. In turn, all outside noise sources (Feron Boulevard, Rancho Cucamonga Middle School, etc.) are screened from the day care facility. With these design elements incorporated into the project, staff anticipates no land use conflicts to occur between the day care facility and surrounding land uses. Recreation Area/Facility: The Development Code Section 17.08.040(G) specifies that projects consisting of 31 to 100 units provide two sets of recreational amenities from the selected list as follows or equivalent as determined by the Planning Co~nission: 1. Large open lawn area--one of the dimensions 50 feet 2. Enclosed tot lot with multiple play equipment shall be a minimum of PLANNING CO~94ISSION STAFF REPORT DR 94-04 & CUP 94-10 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 5 3. Spa or pool 4. BBQ facility equipped with grill, picnic benches, etc. The project as proposed has an abundance of private open space in rear yard areas, given the desire for a more single family detached project type feel through the "hybrid" design, as requested by residents of the North Town neighborhood during the neighborhood meeting process. In addition, the project includes common recreational amenities, as follows: Numerous front yard parks between residential units, which could count as large open lawn areas BBQ facilities between the project meeting room and day care facility A project meeting room building, including kitchen and laundry facilities A day care center and related outdoor play area complete with tot lot and other amenities In staff's opinion, the proposed amenities satisfy the intent of the ordinance. Planning Co~ission Workshop: The Planning Co~m~ission has held three workshops for this project. At the most recent workshop on April 13, 1994, the Comm%ssion directed the applicant to revise the plans as follows: All proposed wood fences should be replaced with decorative block walls. 2e The proposed decorative paving material should be reviewed and approved by staff prior to installation. The proposed material should exhibit long-term durability along with varying textures, etc. The roof tile or cornice element should be extended to minimize staining of the exterior building walls. Window sills should pop-out further for the same reason. 4e The project meeting room elevations should be reviewed and approved by the Design Review Committee prior to the issuance of building permits. The majority of the Co~nission felt the project entry statements were acceptable as presented. However, the Commission may wish to provide further direction to staff on this issue at the Planning Commission meeting. Emergency vehicular crash gates should be provided and pedestrian gates eliminated per the reco~endations of the Sheriff's Department. PLANNING CO~H4ISSION STAFF REPORT DR 94-04 & CUP 94-10 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 6 7e Deep root barriers should be used and appropriate tree species selected in areas where planters are less than 5 feet in width. A more decorative material or exterior finish should be applied to all perimeter walls. The tiered security management plan should be reviewed and approved by the City Planner during the construction document plan check phase, prior to the issuance of building permits. All of these items (except for #4 and #5) have been incorporated into the attached Resolution of Approval for the project. The Design Review Co~nittee recommended approval of revised project meeting room elevations on May 3, 1994. HJ Wall Issues: The applicant is proposing to provide open view metal fencing along the east property line, adjacent to Old Town Park, except for the portion adjacent to the outdoor play area. The applicant feels that open view fencing in this area would enhance the crime surveillance potential between Old Town Park and yard areas inside the project boundaries, as recommended by recent CPTED (Crime Prevention Through Environmental Design) studies. However, past practice of the Parks and Recreation Commission has been to require solid barriers between parks and residential projects due to repeated complaints of noise, light, glare, and crime coming from the park. The Parks and Recreation Co~mission is scheduled to review this issue and specifically how it relates to this situation at their meeting of May 19, 1994. An oral update as to the recommendation of the Parks and Recreation Commission will be provided at the Planning Commission meeting. Tree Removal Permit: In conjunction with the proposed project, the applicant has submitted Tree Removal Permit 94-01 for the removal of one mature Eucalyptus tree on the property. The tree is located in the northwest portion of the property. Removal is necessary to construct the interior drive aisle network as proposed. Conditions of Approval pertaining to the Tree Removal Permit, including replacement planting, are included in the attached Resolution of Approval for the development of the project. Technical Review Committee: The Technical Review Co~nittee reviewed the project on April 20, 1994, and determined that, with the recomended conditions of approval, the project is consistent with all applicable standards and ordinances. The Grading Committee recommended approval of the conceptual plans with conditions on April 19, 1994. Environmental Assessment: Part I of the Initial Study has been completed by the applicant. Staff has completed Part II, the Environmental Checklist, and found that there could be a significant noise impact on residents if sound attenuation features (interior and exterior) are not incorporated into the project design to screen noise impacts created by the Metrolink and other trains that use the tracks i~ediately south of PLANNING CO~4ISSION STAFF REPORT DR 94-04 & CUP 94-10 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 7 the site. An acoustical analysis prepared for the site recommended that, in order to mitigate exterior noise to acceptable levels, a minimum 10-foot high wall be constructed along the south property line and the top of the proposed streetscape berms and/or slopes. This sound wall has already been incorporated into the conceptual design of the project. Therefore, although the project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures included in the project design and conditions of approval. If the Commission concurs, then issuance of a mitigated Negative Declaration for Development Review 94-04 and Conditional Use Permit 94-10 would be in order. FACTS FOR FINDINGS: A. Development Review: 1. That the proposed project is consistent with the General Plan. That the proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located. 3. That the proposed use is in compliance with each of the applicable provisions of the Development Code. 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. B. Conditional Use Permit: 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. 2e 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. That the proposed use complies with each of the applicable provisions of the Development Code. CORRESPONDENCE: These items have been advertised as public hearings in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices were sent to the adjacent property owners within 300 feet of the project site. In addition, a series of neighborhood meetings were held during the initial phases of planning to allow all residents of the North Town Community an opportunity to participate in the physical planning of the project. PLANNING CO~4ISSION STAFF REPORT DR 94-04 & CUP 94-10 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 8 RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review 94-04, Conditional Use Permit 94-10, and related Tree Removal Permit 94-01 through adoption of the attached Resolutions of Approval with Conditions and issue a mitigated Negative Declaration for Development Review 94-04 and a Negative Declaration for Conditional Use Permit 94-10. City Planner BB:SH:mlg Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Detailed Site Plan Exhibit "C" - Conceptual Landscape Plan Exhibit "D" - Conceptual Grading Plan Exhibit "E" - Building Elevations Exhibit "F" - Floor Plans Exhibit "G" - Architectural Details Exhibit "H" - April 13, 1994, Planning Commission Staff Report Resolution of Approval with Conditions for DR 94-04 Resolution of Approval with Conditions for CUP 94-10 ~ ~ ' ~ DNISFIOH 0OOHHORHDI~N NA~O£H~lON ~ ~ -' r, "lr w, r' ........ '",~qr* ' ' '*'r'TT'T~']~ DI~SFIOH CIOOi~O~I-IDl~q NA'IO.LH.L~iON f 9blISFiOI-I aOOl-PdOItHOlq~,[ N.~O.LI-LL~ION ) k DNJSD_OH QOOFI~OI]HDI~N (' ALIFORND. I"~I .~0 .[Zig I DNISEIOH (10OH}IOSHDIZIN NA~OIHj. l:[ON DNIS~OH QOOH'dO~HDI~N NgAO.Ut.L~ON l ONISflOH (IOOH~IO~/HOI~N NA~O/HIHON -' [_ z 9NI$~qOH GOOH~O~HOI~N NA~O.I.H.I.~JON T T DNI$~IOH GOOH~{O~HOI~N NA~O£H&~{ON ~ ° ~ o / ! i DNJSFIOH GOOl~OSHDI~N NA~O/H~ION z DATE= TO= FROM= BY: CITY OF RANCHO CUCAMONGA ,/ ..... April 13, 1994 Chairman and Member of the Planning Commission STAFF REPORT Brad Bullet, City Planner Steve Hayes, Associate Planner SUBJECT: DEVELOPMENT REVIEW 94-04 - NORTH TOWN HOUSING DEVELOPMENT CORPORATION - The proposed development of 88 rental units for affordable housing on 8.56 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), located on the south side of Feron Boulevard, west of Old Town Park - APN: 209-085-20. Related Files: Pre-Application Review 93-07, Conditional Use Permit 94-10, and Tree Removal Permit 94-01 BACKGROUND: This is the third in a series of workshops conducted by the Planning Commission. On December 14, 1993, the Commission held a Pre- application workshop to discuss the basic components of the site plan concept and provide the Commission with history of the neighborhood meeting process. A second Planning Commission Pre-Application workshop was held on February 9, 1994, to specifically address the parking situation and security issues. The North Town Housing Corporation and their architect, Pyatok Associates, have been working with staff to revise the project in areas where the Commission has provided input. Tonight's workshop will focus on these revisions and other major, secondary and policy issues. DESIGN PARAMETERS: The site is bounded by the Rancho Cucamonga Middle School to the north, the A. T. & S. F. (Metrolink) Railroad tracks to the south, Old Town Park to the east, and existing single family residential development to the west. The site slopes gently from north to south at approximately 2 percent. A few mature Eucalyptus trees are scattered across the property (one of which is proposed to be removed per Tree Removal Permit 94-01) but the balance of the site is vacant with no significant vegetation. Open wrought iron fencing is proposed along the park frontage to take advantage of the enjoyable park view while providing additional visibility for security purposes between the park and the development. A 10-foot high solid wall is proposed along the railroad tracks for sound attenuation, while a 6-foot high solid wall is proposed along the west property line to serve as a buffer between existing single family homes and the project. The two proposed driveway access locations line up with the circular driveway accesses for the Rancho Cucamonga Middle School. A curb adjacent sidewalk currently exists along the Feron Boulevard frontage. Pedestrian circulation through this development will be limited, per the PC WORKSHOP COMMEh ~ DR 94-04 - NORTH TOWN DEV. April 13, 1994 Page 2 recommendation of the Rancho Cucamonga Sheriff's Department, so that a majority of residents will utilize the sidewalk along Feron Boulevard to walk to Old Town Park.. For further details about the site, the initial process for developing the conceptual plans and compliance with City Standards, please refer to the attached Supplemental Application for Residential Development and the applicant's Project Explanation. COMMISSION WORKSHOP ISSUES: During the two previous workshops, the Commission provided direction to the applicant regarding the following topics: 2o Project Density - The project is proposed with 88 dwelling units for a density of 10.3 units per acre. Under State law, the project benefits from a 25 percent density bonus for providing a minimum of 20 percent affordable housing units. The Commission accepted the project density as proposed. Site Plan - The Commission felt that the proposed site plan concept adequately addressed issues such as land use transition, site plan design, and density. The site plan was revised based upon Commission input, particularly parking, which resulted in the loss of some open space in the carport areas at the end of the auto courts. Parking - The Commission expressed concern with the number and location of parking spaces. The Commission did not accept proposed parking arrangement with a single garage space, plus one space in tandem in front of the garage door, which necessitated a variance. The site plan was revised to provide two covered parking spaces per unit (one garage and one carport), rather than tandem spaces. The Commission supported the revised parking concept. Day Care Center - The Commission requested that adequate parking and access adjacent to the day care facility be studied further. The site plan was revised to designate spaces nearest the entrance as short-term parking for a drop-off area. The site plan exceeds the minimum number of spaces required for this day care facility. In addition, the day care operation will require that children be taken inside by their parents or guardians and signed in. Perimeter Fencing - The Commission was concerned that the barrier along the park edge could become a graffiti problem and requested further study. The plans have been revised to a 7-foot 4 inch decorative metal fence (8-foot 0 inch according to the applicant's written description in Exhibit "C") along the property line shared with the park. A 6-foot 0 inch block wall is proposed along the west property line. A 10-foot 0 inch block wall is planned along the railroad property line to the south for sound attenuation. PC WORKSHOP COMMEL ~ DR 94-04 - NORTH TOWN DEV. April 13, 1994 Page 3 7e 8e Security - The Commission was concerned with the overall security for the project and the safety of the residents. The Co~mission indicated that security gates should be incorporated into the design at all vehicular and pedestrian access points. Gates have been provided at pedestrian access points which will be locked at times to be determined by the residents, such as late night and early morning. No gates are proposed for vehicular entrances to the project. The applicant agreed to prepare a tiered report on how the project design addresses security concerns (i.e., site plan, architecture, fences, lighting, signs). An overview of security features in the project design is contained in the attached Exhibit "C." To summarize, the following design elements are intended to foster a secure and safe living environment: Homes adjoining the park have ample windows and open view fencing for supervision of park activities. Pedestrian access points, except for Feron Boulevard, are controlled by lockable gates. The private streets dead-end to discourage "cruising" and make escape difficult. Open space is clustered into courtyards which are surrounded by homes and designed with a single exterior access point, yet directly accessible from each home. ee Carport areas are located at the interior end of private auto courts, visible from units, to discourage non-residents. Building Materials - The Commission expressed concern that exterior building materials should be selected to minimize maintenance, yet still be attractive. The 'Spanish Eclectic' style architecture utilizes low-maintenance stucco exteriors. Drive Aisle Width - The Commission questioned the need for a drive aisle wider than 36 feet in some areas of the project. The project is designed with 26-foot wide private streets (as required for fire access), with 10-foot wide parallel visitor parking on one or both sides. Parking Within Patios - The commission was concerned with potential for residents to park within their private patio areas. The Co~ission requested further study of ways to discourage parking within patios, such as a low wall. The latest plans show 5-foot walls around the patio areas. PC WORKSHOP COMMELi~ DR 94-04 - NORTH TOWN DEV. April 13, 1994 Page 4 10. Carport Crime - The Commission expressed concern for potential burglaries and personal injuries in the carport areas. The architect responded that the auto court design and carport assignments would discourage non-residents of that court. 11. House Plan Security The Commission indicated a concern for personal security for the house plan without a connection from the back of the unit to the living area. The applicant indicated that security lights with motion sensors could be provided in critical areas. 12. Graffiti - The Commission indicated that the developer must initiate efforts to minimize graffiti. The applicant has responded by agreeing to plant shrubs and/or vines along both sides of perimeter walls and fences. 13. Open Space - The Commission was concerned that the project meet or exceed City standards for open space. The project has been designed with 33.5 percent of the net lot area in common open space. The total usable open space (common plus private space) is 49.14 percent of the site area. STAFF COMMENTS: The following comments are intended to provide an outline for Commission discussion: Maior Issues: The following broad design issues will be the focus of Commission discussion regarding this project. Site Plan: More substantial "focal points" should be designed near the vehicular entrances. Elements such as architectural features, enhanced landscaping islands, water elements, artwork, etc., are encouraged to create the suggested effect. Architecture: The building elevations, while a departure from and more interesting than typical apartment buildings, should be refined. Generally, all of the two-story units rise straight up from ground level with very few vertical or horizontal breaks in the planes of the exterior walls, especially the three bedroom units in the middle of the auto courts and the four and five bedroom units facing the park and train tracks. Staff recommends that these areas receive further architectural treatment which will help reduce the apparent height and mass of the structures. The exterior stucco/roof tile treatment and color schemes should be considered by the Commission. PC WORKSHOP DR 94-04 - NORTH TOWN DEV. April 13, 1994 Page 5 The wood lattice carport design integrates well with the design of the second-story balconies and patios, but the long range durability of materials should be evaluated with this design. 4. The project meeting room building should be significantly upgraded in design, similar to the day care building. Secondarv Issues: Once all of the major issues have been addressed, and time permitting, the Cormmission will discuss the following secondary ~BSUeS design ' : The perimeter fencing around the day care facility should be completely solid (especially from Feron Boulevard and Old Town Park) to obscure views into the area from the outside, as recommended by the Sheriff's Department. The pedestrian gates at the Main Street cul-de-sac and at the southeast corner of the site should be replaced with open crash gates, per the recommendations of the Sheriff's Department. Consequently, the loss of two parking spaces adjacent to the Main Street cul-de-sac and some spaces adjacent to the southeast parking spaces will be necessary. Generally, it appears that landscape planting areas should be widened adjacent to buildings and other structures to facilitate proper plant growth. Staff recommends a minimum width of 3 feet for all planter areas to accommodate the growth of shrub hedges and a minimum of 5 feet where trees are proposed. The setback between the rows of carports and the adjacent units should be increased to provide landscaping to enhance the appearance of these areas. 5. Pilasters should be incorporated into the wall design along all interior property lines. Gates should be provided between private patios and driveways for increased security and privacy. Concrete curbs should also be provided to separate the driveway and patios to discourage the parking of cars in patio areas. 7. Full columns should be used on the south and east elevations of the day care building. The tower element between the day care and project meeting room buildings should have a solid tile roof to appear more consistent with other tower elements throughout the project. PC WORKSHOP COMME~,_~ DR 94-04 - NORTH TOWN DEV. April 13, 1994 Page 6 Policv Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 1. All windows, garage doors, vents, etc., should be recessed or receive wood trim with stucco over. All perimeter fencing shall be composed of a decorative material or finish. Painted precision block does not qualify as a decorative perimeter wall. Special paving should be used to a greater extent throughout the project area, especially at key vehicular and pedestrian entrances. Landscaping should be upgraded to screen unattractive view areas (i.e., ends of auto courts adjacent to walls, parking areas, utility equipment, air conditioning condensers). Retaining walls exposed to public masonry, consistent with the wall project. view should be decorative theme used throughout the RECOMMENDATION: Staff recommends that the Commission consider the issues raised by staff. After consideration of these issues and discussion with the applicant, if the Commission feels the issues can be addressed and conditioned to be verified by staff, then the Commission should direct staff to advertise public hearings on the project for formal Planning Commission consideration. If however, the Commission feels that there are issues not yet resolved and/or addressed to its satisfaction, then the project should be rescheduled for another Commission workshop. Respectfully submitted, Brad Bu le City Planner BB:SH:mlg Attachments: Exhibit "A" - December 14, 1993, Planning Commission Workshop Minutes Exhibit "B" - February 9, 1994, Planning Commission Workshop Minutes Exhibit "C" - Supplemental Application for Multiple Family Residential Projects Exhibit "D" - Development Plans (Full Size Plans Enclosed) CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Adjourned Meeting December 14, 1993 Chairman Barker called the meeting to order at 7:40 p.m. The meeting was held in the Rains Room at the Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Barker then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: David Barker, Heinz Lumpp, Larry McNiel, John Melcher, Peter Tolstoy ABSENT: None STAFF PRESENT: Brad Buller, City Planner; Nancy Fong, Senior Planner; Steve Hayes, Associate Planner; Dan James, Senior Civil Engineer; Olen Jones, Senior Redevelopment Analyst; Jan Reynolds, Assistant Redevelopment Analyst; LeAnn Smothers, Redevelopment Analyst OWNER/DEVELOPER: Nacho Gracia and Mark Aguilar, North Town Housing Development Corporation; Nora Brown, David Rosen & Associates; Bob Banman, Prairie Pacific Investments; Dan Guerra, Derbish Guerra Associates; Michael Pyatok, Pyatok Associates; Rafael Urena, Wolff, Lang, Christopher Architects. PRE-APPLICATION REVIEW 93-07 - PYATOK ASSOCIATES - Review of the conceptual site planning for an 8.7 acre site located south of the Rancho Cucamonga Middle School on the south side of Feron Boulevard and west of Old Town Park. Brad Bullet, City Planner, opened the workshop by explaining the purpose of the Pre-Application review process and the meeting format for this project. Olen Jones, Senior Redevelopment Analyst, provided an historical perspective of the site acquisition and previous development agreements associated with this site and the adjacent park property. He stressed the goals of redeveloping the entire North Town area and the strides made in accomplishing these goals. He introduced the members of the development team and their association with the project. Mr. Buller introduced the members of the Planning Commission and asked Mr. Jones to elaborate on the development agreement and State law regarding density bonuses and how the proposed density relates to these documents. Mr. Jones elaborated on the specifics of the development agreement regarding the density bonus and explained how State laws affect the proposal. Mike Pyatok, Pyatok Associates Architects, summarized the issues discussed during the neighborhood workshops that occurred with the residents of North Town. He presented slides of the meeting and described the design kits used in the workshops. He noted that each lot included 88 units, 150 trees, 226 parking spaces, and drive aisles. He explained how the residents' comments and concerns, which included safety and proximity of vehicular parking areas to living quarters, the need for an ample amount of private open space, the request for a more single family look to the architectural design, the safety of children, and the overall security for residents within the project, were incorporated into the proposed site plan. He explained the purpose behind and placement of the community center and child care facility and stressed how the "grid" pattern fit in with the fabric of the existing neighborhood, only on a smaller scale. He concluded by stating his goal is to resolve the site planning issues raised by staff at this time and that architectural schemes would soon follow. Chairman Barker asked the applicant if the requirements for visitor parking were being met on the proposed plan. Mr. Pyatok confirmed that 22 spaces, or one per every four units, was being provided. Steve Hayes, Associate Planner, presented a brief summary of staff's major concerns and asked for input from the Commission relative to these issues as well as any other major items the Commission wished to raise. Mr. Bullet pointed out that it has been the Commission's position in the past to require that all projects meet or exceed all City standards. Commissioner Melcher questioned the amount of Council involvement up to this point. Mr. Jones explained that the Council has had only limited input on the project so far. He stated however, that the Council has stressed that no compromises should be made to City develoI~nent standards and that the goal of having a quality affordable housing project is of extreme importance. Chairman Barker asked if the North Town residents were given an option of using less than the 88 units in the kits at the workshops. Mr. Pyatok responded that this was briefly mentioned but it never really became an issue with the participants at the workshops. Commissioner Melcher inquired if 88 units were necessary to make the project financially feasible. Me. Nora Brown, David Rosen & Associates, responded that a loss in the number of units could drive up the cost per bedroom ratio, which could potentially Planning Commission Minutes -2- December 14, 1993 inhibit the developer from receiving the affordable housing tax credit incentives for this project. LeAnn Smothers, Redevelopment Analyst, added that the City's Comprehensive Housing Affordability Strategy (CHAS) stressed the importance of allowing for as much affordable housing as necessary within the City's redevelopment ares. Commiesioner Lumpp asked staff how the addition of these 88 units affects the overall CHAS projections. Mr. Jones stated that this project is the only current project of its magnitude. He said several single family lots had been purchased in the past by the Redevelopment Agency for the purpose of providing affordable housing but recent Council direction and economic strategy has been to sell those lots. Commissioner McNiel asked how many affordable unite were provided in the Grove Avenue project. Mr. Jones indicated that over 80 units were deemed affordable within that project. Commissioner Lumpp questioned the number of affordable units that should be provided in the redevelopment area. Mr. Jones responded that the goal is to deem 20 percent of the available housing stock in the redevelopment area as affordable. Commissioner Tolstoy asked if any other significant affordable housing sites were being considered by the City at this time. Mr. Jones noted that the City had purchased the Ellena Winery site, which is zoned for high density residential development, but the focus of the agency at this time was to look at the possibilities of deeming some of the existing housing stock affordable. Commissioner Lumpp inquired as to how the density bonus prescribed by State law applies to this project. Mr. Jones stated that a 25 percent density bonus is permitted for projects that devote a minimum of 20 percent of the units to meeting the affordable unit provisions. Bob Banman, Prairie Pacific Investments, talked about how management of the facility would occur, including the control of inoperable cars. Commissioner Melcher asked the neighborhood representatives' opinion of the significance of the parking deficit. Nacho Gracia, North Town Housing Development Corporation, stated that he felt the proposed on-site parking is insufficient. Planning Commission Minutes -3- December 14, 1993 Commissioner McNiel felt that parking will be a problem as currently proposed. He felt comfortable with the proposed product type, density, grid site plan design, and use of common open space areas. He concurred with the developers that residents will take advantage of the park for large outdoor group events and felt that two-story units next to the park would provide a greater sense of security. Commissioner Melcher questioned the value of the small common open space areas but felt they were designed appropriately and with good purpose. He stated that the land use transition and aite plan layout issues were handled appropriately by the architect. He agreed that the parking impacts could become a problem but generally supported the project as propoaed. Commissioner Tolstoy liked the idea of the neighborhood meeting with the design kits as a method to gain knowledge of the potential issuea of the surrounding neighborhood. He felt the site was in a perfect location for the type of housing and density proposed, near a park and school. He indicated that the day care and Community Center were in an appropriate location, but felt the parking situation, both near these facilitiea and on the site as a whole, should be addressed. He added that the management will not be able to control the parking situation. He liked the linear common open space concept and agreed that major outdoor activities could beet take advantage of the adjacent park. He found the grid layout acceptable, as it blends in well with the surrounding neighborhood. Commissioner Lumpp concurred that the level of community involvement to this point was an excellent idea. He found the density acceptable, but thought the parking situation needs to be addressed. He stated that the proposed tandem parking actually creates a loss of two parking spaces typically available within a driveway. He felt that since this is not a senior project, more parking needs to be made available. He thought the open space and overall site plan were designed appropriately, based on input from the neighborhood. He felt the land use transition between this use and the existing single family homes and the park was appropriate~ and the two-story homes next to the park gave a sense of security. Chairman Barker agreed that it made good sense to have the community involved in the early stages. He indicated that the overall parking situation was a disaster waiting to happen and that the parking and access adjacent to the day care facility and Community Center should be addressed. He noted that special attention should be given to the design of the perimeter barrier adjacent to the park so it does not become laden with graffiti. He felt that security gates should be incorporated into the design at all vehicular and pedestrian access points. In addition, he noted that the enlargement of the linear common landscape areas presented in the package were optimistic and would likely become a maintenance burden. Commissioner McNiel asked staff for clarification on the parking issue and what would actually need a variance as currently proposed. Planning Commission Minutes -4- December 14, 1993 Mr. Hayes stated that a variance would be needed for the number of covered garage parking spaces and total number of parking spaces as currently proposed. However, he noted that it was feasible to provide the required number of spaces on the property, thus limiting a variance requirement to only the number of covered stalls. Commissioner Tolstoy stressed the need to select building materials that do not require a tremendous amount of maintenance. Commissioner Lumpp concurred, but stated that the attractiveness of these materials is also critical. Mr. Bullet summarized the concerns and comments of the Commission by stating the most critical issue for the development team to resolve is the parking situation. He stated that the majority of Commission members felt that the proposed site plan adequately addresses issues such as land use transition, site plan design, open space, and density. He asked the Commission whether or not they would like to review the formal application as a workshop or through the regular Design Review Committee. The Commission felt a Planning Commission workshop would be preferable. Mr. Pyatok asked the Commission about the possibility of preparing a parking study to justify the proposed number of parking spaces within the project. Chairman Barker said it was inappropriate to negotiate but that the Commission was willing to look at any information provided so long as all of the variables associated with the Southern California environment and automotive life-style are used. ADJOURNMENT The meeting adjourned at 9:05 p.m. to 5:00 p.m. on Tuesday, December 21, 1993, in lieu of the regularly scheduled meeting on December 22, 1993. Respectfully submitted, Brad Bullet Secretary Planning Commission Minutes -5- December 14, 1993 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Adjourned Meeting February 9, 1994 Chairman Barker called the meeting to order at 5:00 p.m. The meeting was held in the Rains Room at the Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: David Barker, Heinz Lumpp, John Melcher, Peter Tolstoy ABSENT: Larry McNiel STAFF PRESENT: Brad Buller, City Planner; Steve Hayes, Associate Planner; Dan James, Senior Civil Engineer; Olen Jones, Senior Redevelopment Analyst; Jan Reynolds, Assistant Redevelopment Analyst; LeAnn Smothers, Redevelopment Analyst OWNER/DEVELOPER: Nacho Gracia, Santos Fuentes and Gabriel Guerra, North Town Housing Development Corporation; David Rosen and Nora Brown, David Rosen & Associates; Bob Banman, Prairie Pacific Investments; Dan Guerra, Derbish Guerra Associates; Michael Pyatok, Pyatok Associates; Rafael Urena, Wolff/Lang/Christopher Architects NORTH TOWN AFFORDABLE HOUSING - Review of the conceptual site planning with specific review of the revised on-site parking concept for an 8.7 acre site located south of the Rancho Cucamonga Middle School on the south side of Feron Boulevard, west of Old Town Park. Chairman Barker opened the workshop by inviting the development team to present the revised site plan, explaining how the concerns relative to parking had been addressed since the previous Planning Commission workshop on December 14, 1993. Michael Pyatok, Pyatok Associates Architects, provided a chart summarizing the revisions to the parking situation since the site plan was previously reviewed by the Commission on December 14, 1993. He explained that the "tandem" parking spaces in individual driveways no longer need to be counted as required parking for the project. He noted how the new carports would be assigned and the use and purpose of the meeting facility and the child care center. Commissioner Tolstoy inquired on how the drop-off area for the child care facility would function. Mr. Pyatok stated that children would be assisted inside by their parents or guardians and signed in. The parking spaces nearest the entrance would be designated as short-term parking for a drop-off/pick-up area. Chairman Barker asked about the range of ages intended to be cared for at the child care facility. Mr. Pyatok noted that a majority of children would most likely be pre-school age (two to five years old). Chairman Barker asked who would operate the child care facility. Mr. Pyatok stated that the facility will be managed by a State licensed operator. David Rosen, David Rosen & Associates, added that child care priority will be given to parents living within this project. Commissioner Melcher asked Mr. Pyatok to highlight those areas where open space had been lost to carport parking spaces. Mr. Pyatok indicated those areas, primarily at the end of the auto courts, in front of the five bedroom units. Commissioner Melcher inquired as to the need for a drive aisle wider than 36 feet in some areas of the project. Dan James, Senior Civil Engineer, clarified that the Fire District will have jurisdiction over the design and width of the drive aisles since they are not intended to be public streets. He reported their current policy is to have a minimum 26-foot wide free and clear area for fire access. Chairman Barker expressed concern that residents may park in their private patio areas. He suggested that a low wall be introduced along the patio edge adjacent to the driveways to deter people from parking cars on their patios. Commissioner Lumpp noted his concern for potential burglaries and personal injuries in the carport areas. Mr. Pyatok felt that this issue would be lessened by the way in which carports were assigned, so that the only vehicle traffic in the auto courts would be residents of that court. Commissioner Melcher noted his concern for personal security for the house plan without a connection from the back of the unit to the living area. Mr. Pyatok agreed to provide a solution to this problem. Mr. Rosen indicated a willingness to provide security lights with motion sensors in critical areas. P C Adjourned Meeting Minutes -2- February 9, 1994 Chairman Barker asked Mr. Pyatok to show how their proposal addresses the security needs at all vehicular and pedestrian access points. Mr. Pyatok stated that the entire project will be fenced or walled around its perimeter, with the exception of the main vehicular access. He said the gates at the pedestrian entrances will be locked at times determined by the community, but most likely from after dark until morning. Commissioner Lumpp asked if the requirements for common open space are being met with this proposal. Steve Hayes, Associate Planner, responded that the common open space requirement of 10 percent of the net lot area was easily provided with the previous proposal and the revisions to this plan did not constitute a significant loss of common open space. Chairman Barker aaked how the developer would be initiating efforts toward minimizing graffiti. Mr. Pyatok indicated that vines and a drip irrigation system are proposed along the railroad right-of-way on the outside of the wall. Chairman Barker also expressed this concern relative to the west property line. Brad Bullet, City Planner, asked how the exterior of other walls, fences, and buildings would be treated to inhibit graffiti. Mr. Pyatok noted that the initial plan is to plant shrub hedges along the interior sides of the perimeter walls and fences to discourage graffiti. Mr. Rosen added that the resident management association will support the goal of neutralizing graffiti in the project. Commissioner Tolstoy inquired about the amount of space between walls and pedestrian walkways for landscaping. Mr. Pyatok stated that the width of these areas range from 3 to 10 feet. Chairman Barker reiterated his concerns about safety and graffiti and noted that it is the Planning Commission's responsibility to reduce these concerns through proper site plan and landscape design. Commissioner Lumpp inquired about the height of the walls along the railroad tracks. Mr. Pyatok etated that the wall would be required to be approximately 10 feet in height to mitigate train noise to acceptable levels. Commissioner Tolstoy asked if double-paned windows would be necessary for internal sound attenuation. P C Adjourned Meeting Minutes -3- February 9, 1994 Mr. Pyatok responded affirmatively. Chairman Barker felt that this project should set the tone for future residential development in responding to safety and graffiti concerns. He noted that security patrol would be advisable to augment the security fences. Nacho Gracia, North Town Housing Development Corporation, reiterated neighborhood concerns, such as security, proximity of attached garages to the living quarters, and the need for larger private yards as opposed to large common open spaces. He stated that this concept was a result of neighborhood participation and if the concept is altered significantly, then the project would no longer be the neighborhood's project. Chairman Barker felt that the established theme should not and would not be required to be altered significantly. Mr. Rosen noted that the number of five bedroom units had been reduced significantly. Chairman Barker stated that he was impressed that the architect could fit the required parking on-site without losing any units. Commiseioner Melcher asked Mr. Gracia if he was satisfied with the number and location of parking spaces. Mr. Gracia responded affirmatively. Mr. Rosen indicated that all of the financial officers reviewing this project were quite receptive to providing the necessary financial support. Santos Fuentes, North Town Housing Development Corporation, felt confident that the selected management team will preform their job competently. Bob BaD3nan, Prairie Pacific Investments, noted that due to the unique approach to affordable housing, most financial agencies were willing to provide the necessary funding. Commissioner Lumpp reiterated that special attention should be paid to the wall and fence designs throughout the project. Commissioner Tolstoy expressed his enthusiasm on how the site plan design was derived from the neighborhood meetings and felt that successful management would be the key to having a successful project. Mr. Bullet asked the applicant if a tiered report could be developed to address the security measures and the mitigations to security concerns through design (fences, security lighting, etc.). Mr. Pyatok felt that this would be an excellent idea and said he would be willing to work on the document. P C Adjourned Meeting Minutes -4- February 9, 1994 Chairman Barker summarized by stating that the parking situation appeared to be addressed and the resolution to the security issues could set the precedent in reviewing future projects. ADJOURNMENT The meeting adjourned at 5:55 p.m. Respectfully submitted, Brad Bu le~ Secretary P C Adjourned Meeting Minutes -5- February 9, 1994 CITTOFIANCHO CUCAMONGA FEB 2 5 R.~8IDEI~iTIAL APPLICATION EVALUATION A ~ All new residenti~l development are subject to the Evaluation as described m Section 17.060.030, except for the following: · New residential development 4 units or less · New resldenttnl subdivision 4 lots or less · Individual sulgle fnmi~y construction · Others as determined by the City Planner IL Purple: The intent of the Supplemental Residentin! Evaluation is to ensure that the development will meet and sa~!-e~ the Clty's goals and objectives . This review is based upon corem_unity objectives expresaed in the General Plan. Criteria used in the evaluation oI a residential project and in conjunction with the Development/Design Review considerations are described in Section 17.060.010 . These criteria are listed as follows: Absolute Policies - Section 17.08.050 Development Standards - Section 17.08.040 Design Gradelines - Section 17.08,090 C Appilcstt9n procedure: The submittal of the Supplemental Ouestionnaire is required for residential development. The Application _~n. be submitted to the City Planner for evaluation on the completeness and accuracies of the ~nformntlon submitted. The City Planner shall dete,...me if the project complies with each of the b, bsolute PoUcies and Design Guidelines prior scheduling the project for planning Comml~qton consideration. RECEIVED -- RANCHO CUCAMONGA Pt. ANNING DIVISION 1994 m L Supplemental I~uesfionntire A~2~owkd~ement or the Cit'~o requiremenU. I. the applicant. Michael Pyatok Principal Pyatok & associates. representing the developer. property owner and members of the (Name) (Title) (Fi~'s Name). professional te~rn am reasonably f~m(11~r with all the pertinent Codes. Laws. Ordinances. Policies etc.. that apply to the development of this proposed project. Check the documents that apply to the project: Development Code General p!nn Etiwanda Specific Te,,~. Vista Pla,rmed Footh~ Blvcl Specific Plan Victoria Plaxreed Co.~.~.i]~ty other. Please specify ( $ nature ) 2 ~'-alute Polletos. These are absolute requirements each project mu~t satisfy before approval can be granted. The Absolute policies have been deve!oped in response to the most critical isaues asaociated with residentml development. These include as~,urlng neighborhoo.d compatibility. compliance with adopted plans. aaequacy ox public fa~tllties and services. and protection of the public environment and public health. These Absolute Policies are contained in Section 17.080.050. Describe , in written form, mustrated graphics or a combination of both . how this proposed project has been designed to meet each of the criteria as stated in Section 17.080.050. ( Attached additional sheets as necessary ) SEE ATTACHMENT 3, Development StmndaFaa. These are the development standards dealing with minimum requtrements for setback, lot area. butldmg height. open space. etc. The specific development standards which a project must satts~ are dependent upon the base development m-qtnct . These startclarets are contained In Sectton 17.08.040 of the Development Code. ProJects within Specific Plans and P!tnnned Communities areas must satisfy the development standards contain in that Specific Plan and Community Plar~ Describe . m written form, illustrated graphics or a combmatton of both ,how thts minislure project has been designed to meet and exceed the necessaty~utrements of the development standards. ( Attached additional sheets as SEE ATTACHMENT. · ne~!~ ~,,lae~,~es. The guid,-~mes are based upon co,...~,,ntty design goals u expressed m_ the General Plan and encourage the orderly and harmomous appearance of structures and property including neighborhood compatt. btU~y. site planning, a~'h~tecture m2c[ !nndscaping. The gul/ielines are intended to be flexible enough to allow individual espres~lon and innovation ~lthin a lrnmework of. an established high stmndlL~ for design quality. The design guidelines are contained in Section 17.080.090 -- --- Describe . in written form, illustrated gra__phlcs or a combination of both. how this project has been designed to meet each of the design g,,id~imes. SEE ATTACHMENT. e go Absolute Policies. Section 17.08.050. Plans and Policies. The project is consistent with the General Plan, Land Use Plan, Development Code, Master Plan of Trails, Parks and Recreation Plan, Circulation Plan. Neighborhood Compatibility. 1. This rental development provides each family with its own 2-story home to reflect the character of the neighborhood. Each home is separated from its neighboring homes by a one story garage so that each home is distinctly visible. The homes, ranging in size between 1200 sf and 1500 sf, are approximately the same as the nearby homes of the old Northtown neighborhood. While the density is 25% higher than surrounding areas as allowed by State law, the one and two story development appears less dense because the one garages separate the 2 story masses into smaller pieces. The frontage along Feron Boulevard is lined with what appear to be single family homes with their front porches facing the street. Opposite the Middle School entrance are located the Daycare Center and Project Meeting Room to create a hub of non-residential facilities. The style is an interpretation of the regional Mission style, with red tile roofs, colorful stucco walls reminiscent of the colors used in Mexico, and some wood railing details with traditional decorative iron work around some openings. 2. The homes adjacent to the single family parcel on the west side are one story in height to help maintain privacy in the rear yard and fit the scale of the adjacent home. The 6' high concrete block wall along this edge is set back from the property line to allow vines with irrigation to grow on the wall on the side facing the neighbor. The property line around the edge of the new Main Street cul-de-sac will be lined by a decorative metal fence to permit a vista down Main Street to the Park. The remainder of this side will be lined by a 6' high concrete block wall, planted with vines on both sides. The homes along the park edge are given a strong public front to enhance the park edge, but at the same time provide view corridors between the homes into the open spaces of the development. This edge is lined with a decorative metal fence, 8' high. The rear of the parcel is lined with a 10' high concrete block wall, alternately setback from the property line to articulate the wail and to pe, mit vines with irrigation to grow on the side facing the railroad tracks. 3. No traffic generated by the new development will enter from Main Street which will deadend with its own cul-de-sac. Each of the two entries from Feron Boulevard leads to deadend hammerheads to discourage cruising by outside drivers. However, emergency vehicles can connect these two streets by removing bollards at the ends of the hammerheads. Public Facilities and Services. 1. The school district is expected to certify that the project will not negatively impact their local facilities. 2. The project includes proper sanitary sewers on site and is connected to adequately sized sanitary sewers under Main Street. Also includes proper water supply on site and is connected to adequately sized water supply under Feron Boulevard. 3. The traffic generated by the project will generate levels lower than Level D on Feron Boulevard. 4. There are two means of access and these streets are internally connected at two points for easy emergency access. These two points no. nally separate the two streets by removalable bollards. 5. A new storm drain will be built leading to this site prior to the completion of this project. The Master Plan storm drain will be constructed westerly in Main Street and southerly in Archibald Avenue to connect to the Deer Creek Channel. 6. There will be a non-profit Board of Directors for the project which will include tenants and some members of the Board of the Northtown Development Corporation. This Board will oversee the work of the management company and its subcontractors responsible for daily maintenance of the buildings and the grounds. 7. NA 8. The project permits pedestrian access from the neighborhood west of the site through the site to the park during daylight hours. After sunset, metal padlocked gates on the ea.qt and west sides will be shut by the management to secure the site. Public Health and Safety 1-6. NA 7. The nearest fire station is on San Bernardino Road, west from Archibald Avenue and approximately 1 1/4 mile away from the site. The project is within a seven minute response time from this fire station. ao Resource Protection 1-6. NA 7. The buildings are designed to meet TITLE 24 energy requirements. In addition, 65 % of the buildings are oriented in an east-west direction to get good southern exposure om one side. The remainder are oriented north-south pefnfitting both sides of the buildings to get sun, one in the afternoon and the other in the morning. Large shade trees will shade the streets and driveways. 8. The few existing trees will be preserved and are noted on the site plan. Land Use Conflicts 1. A 15' wide landscape buffer will separate the homes from the park. To increase security of the park, the homes along that edge do not face their backs but present a friendly facade with ample windows. This is considered an important public edge just like a street so the architecture, enhanced by landscaping, addreeses the park rather than hides itself. An open metal fence will permit people to see the park and permit park users to see the landscape and architecture of the housing through the fence. The Daycare facility is located adjacent to the park to permit easy access by the children to the park facilities and to connect visually the open space play area of the daycare center to the park. For other edge conditions, see "B. Neighborhood Compatibility" above. Development Standards ......This development is following Table 17.08.040 - C OptionalDevelopment Standards. The designation is "LM". 1. Gross Site Area ..............9.206 acres. 2. Net Site Area .................8.736 acres. 3. Minimum dwelling size .....units varies from 1200 sf. to 1500 sf. 4. Sethacks: a. Local Street ..................32 ft. avg. b. ~:a~t property line ............15 ft. c. South property Line ..........15 ft. d. West property line ...........15 ft. e. Private Street .................15 ft. avg. throughout the site. f. Side yard ......................10ft. min. 5. Residential Building Separations: a. Front to Front (25') .........Varies between 25'-9" to 34'-0". b. Side to Side (10') ..........10 ft. 6. Height Limitation (35') .....Varies between 14' (ridge over typical garage) and 28' (ridge over 2-1/2 story 'tower' elements). 7. Open Space Required: a. Private Open Space: Each unit has a rear patio area and front porch which when combined varies between 320 sf and 850 sf. The four and five bedroom units each have a second level deck adjacent to the master bedroom which varies between 40 to 60 sf. b. Comm. Open Space: The development has 127,159.87 sf common open space which is 33.35% of the site area. c. Usable Open Space: The combined private and common open space is 187,382.87 sf which is 49.14% of site area. 8. Recreation facilities: The development is immediately adjacent to a large neighborhood park and has 2 access gates into the park. In addition there are 8 smaller courts designed for children's play and a court between the Project Meeting Room and the Daycare Center for community gatherings equipped with picnic tables and bbq grill. 9. Landscaping: NNorthtown's' landscape has been designed to enhance the project's scale, identity and continuity. Plant materials have been selected and placed to define "A, B, C & D' streets as well as to give pedestrian scale and character. Larger canopy trees have been placed in conjuntion with vertical evergreen trees. These vertical evergreens also serve to define the project edges and visually screen the train tracks at the southern boundary. Each back yard street court has been designed with medium scaled canopy trees at streetscape edges to enhance these areas. Each court is terminated with plantings of vertical accent trees to create interesting focal points as well as to interrupt the perimeter plantings of evergreen trees providing visual diversity. Each pedestrian court has been planted with small to medium sized trees as individual specimens or in clusters to define hardscape areas. These materials have been extended to the streetscape edge to identify these areas as pedestrian points of entry. All plant materials have been selected to be compatible with enviromental conditions in Rancho Cucamonga. During the construction document phase, we will be selecting the sizes for the different planting materials in compliance with the City Standards. 10.Energy Conservation: During design development and constrution document phases, we will be evaluating different energy systems to provide the most economical and efficient one as well as to comply with the City Standards. Design Guidelines. Preface In order to explain the proposed plan for this development, it is important to review the three main sources of ideas which helped shape the plan. The first source is the planning principles developed by the City of Rancho Cucamonga and conveyed to this design team by City staff. The second source is the approximately 50 people from the immediate neighborhood who participated in two community planning workshops followed by a working session of the Northtown Board of Directors. The third source is the shared experiences of architects and developers who specialize in designing affordable housing and which were brought to the project by this design team. The past thirty years of management experience and post-occupancy research into communities designed with affordable rental housing have yielded some general planning principles to insure their long-term liveability and maintenance. Since the latter two sources may not be familiar to the Planning Commission, the following summarizes the basic principles which were gathered from these two sources to blend with the intentions of Rancho Cucamonga's design guidelines in the preparation of the Northtown Housing proposal: A. Ideas from the immediate neighbors and the Northtown Board: a) While this will be rental housing, every effort should be made to design it to be just like homeowner housing, that is, every family should have its own home, with its own garage, front yard and back yard. b) The development should fit into the older Northtown neighborhood and not wall itself off into a separate compound. c) Since these will be larger families (3,4,5 bedroom homes), as much of the open space as possible should be within the fenced yards of each family's residence; d) The houses should appear to be as detached as possible from each other to avoid the look of 'a rental project'. e) Children should be protected from areas of higher vehicular traffic. 0 Common facilities such as the child care center and Project Meeting Room should be located at the north east comer of the site. However, there should not be faciliti~ such as a swimming pool which will become an attractive hazard to many other children in the development. g) Them should be entrances from the development directly into the adjacent park so that people in the new development can both use and supervise the park. These entrances can be secured after hours by the property management. People from the surrounding neighborhood may walk or bicycle through the development but at night the connections to Main Street and to the park should be locked. h) There should be no large common open spaces since these will not be well supervised and individual families ncx, d as much open space as possible close to their own homes or within their own fenced yards to supervise their children. i) Autos should be in attached garages, conveniently situated in relation to the house entry. 1 B. Ideas from the design team and f'manciai consultants. a) Since this development must take advantage of the Federal Tax Credit Program in order to be financially feasible, it must be built within a certain cost/unit as proscribed by the program for the Southern California region. Therefore, while some amenities are possible, some are not allowed at all and some must be limited so as not to exceed the allowable limits. For example, a public swimming pool is not allowed and garages for two autos/unit would push costs beyond the allowable limits of the Federal Tax Credit Program. Fortunately, this site is immediately adjacent to a neighborhood park and middle school, both providing many recreational amenities. It would seem that these fortuitous circumstances allow this development to work within the Federal Tax Credit guidelines and meet the intentions of the City's planning guidelines for amenities. b) Renters treat their dwellings with greater care if they have their own houses, with their own front and rear yards. This helps to establish long-term occupancy, improved vigilance by tenants regarding maintenance and generally contributes to lowered operating expenses. Hence, stacked flats should be avoided. c) Families with several children who earn more modest incomes generally experience more stress. For example, there may be a higher number of families with live-in grandparents, or with children working yet still living at home, or with single parents both working and raising children. Under such conditions it is very important that site plans cluster families into smaller groupings around smaller open spaces so that families who rent can develop tight neighborly bonds. This will help foster mutual support such as watching out for each others' children, watching out for strangers, and generally taking an interest in their immediate surroundings much like homeowners do. For this reason, the conventional wisdom in site planning for these circumstances is not to create large open spaces for recreation. No one claims such spaces as their territory and as a consequence they are less supervised and are difficult to manage and maintain. d) Traditional American small towns combined vehicular and pedestrian circulation within the public realm of the street. This created very secure conditions since any one walking through a neighborhood had to use the sidewalks and was seen by people sitting on their front porches, or by other pedestrians or vehicles passing by, or by patrolling police cars. Backyards were secured by private fences and did not allow passage. Recent planning efforts to create another network of pedestrian pathways independent of the public streets tends to break away from the traditions of the American small town. While such landscaped linkages may be pleasant and workable under certain circumstances, they can cause the streets to become less populated and as a consequence less secure. They double the amount of publicly accessible axeas within a site, reducing the ability of both its residents and the police to keep the public domain secure. For this reason, not only should shared open spaces be smaller as note in 'c' above, they should not be linked to discourage 'back' passages through the site. Each open space should be semi-private so as to be claimed and supervised by the immediate families who surround it. Circulation through the site should be only along the streets as is the pattern in the existing Northtown neighborhood. This approach to planning has seen a recent resurgence and is referred to as 'rico-traditional'. It not only creates greater security, it encourages the placement of buildings so that once again they address the streets and generally improve the aesthetic quality of the public domain. e) Every family has an enclosed, attached, one-car garage with a second covered carport at the rear of each court. This protects the most valuable possession owned by a renter as well as improves the appearance o£ the public streets and the fronts of homes. f) Private streets within a development should discourage through-circulation or cruising by outside vehicles. Dead-end streets should be used where possible, yet still allow emergency through access. This reduces the intrusion of outsiders without resorting to fencing the entire development. g) A development's street pattern should match the pattern in the neighborhood so that it will fit into its historical context. C. Project Description: There are 88 2-story homes with a daycare center for approximately 40 children and a project meeting room. a. Density. The density of 10 units/acre is pemdtted by a 25% bonus allowance provided by the State for affordable housing. The perception of density is mitigated by: a) reducing the number of attached dwellings typically to three; b) evenly distributing the available outdoor spaces so that no area has a concentration of buildings c) separating the two-story houses by one story garages, further adding to the appearance of single family detached homes; d) utilizing existing open space amenities nearby with easy access to the adjacent park with lockable gates in two locations; e) by organizing open space and circulation to insure good supervision of the semi-public and public spaces by all residents. b. Access and Circulation. The development has two entrances from Feron Boulevard, located opposite the driveways leading to the middle school property. Each of these entrances leads to a pr/vate dead-end street, with a hammerhead turn-around for ~ vehicles. In an emergency the two streets can connect at the front and back ends of the site through cross drives with removable bollards. As in traditional small towns, people walk along the sidewalks as part of the public street experience. This increa~s security for the reasons noted above. c. Dwelling type. Every family has a two story home with its own fenced backyard. The homes adjacent to the existing single-family homes are one story in height. d. Open Space. Nearly all families are organized into small groups of about 6 each to encourage tight neighborly relations and to maintain close scrutiny of .all outdoor public spaces. All outdoor space is organized into smaller parks, each lined with the fronts of homes and each governed by the group of 6 families for security and maintenance reasons. The homes along Feron have front doors and porches facing the $txeet to repeat the pattern of the existing neighborhood. A single large open space is intentionally excluded from the design both by recommendation from the neighborhood planning group and the design team, reflecting contemporary lessons learned from similar developments elsewhere in California and the U.S. Such spaces are counterproductive under these circumstances for developing a sense of place or recreational amenity for the reasons outlined above. e. Parking. Every family has an enclosed, attached, one-car garage. Private driveways are entered from short private streets shared by only 6 families, increasing the security and governance of these public outdoor areas. Each cluster of 6 homes has a rear parking court providing access not only to the garages but to 6 to 8 additional covered carports at the rear of the court. In this manner, each three and four bedroom home has two covered parking spaces (one garage and one carport). Most of the five bedroom homes have three covered parking spaces. In addition to these required spaces, each home has a driveway in front of the garage which can accommodate a third auto. By separating the autos into backyard areas and placing parks in front yard areas, younger children are given safe, intimate places to play within the immediate sight of their homes and all autos are completely screened from public view. Visitors park in parallel along the private streets to replicate the traditional small town streetscape and to insure that these areas are well supervised. These are distributed in small groups so as not to mar the streetscape and are shaded by street trees. The daycare center for 40 children will be primarily for the residents with some participation by families from off-site. The city requires 1 parking space for every 5 children (8 spaces) and one space for every three staff. There will be approximately two adults for every ten children or about 8 staff in the building. This will generate the need for 3 additional spaces for staff. Hence, the plan now includes 11 spaces for the daycare center, designed as though all children in the program were from off- site, even though the large majority will be from on-site, who's parent will walk their children to the center. Parents who may be delivering children to the daycare center from off-site will enter the property at the northeast entry and enter the parking lot behind the building. In this manner the building screens the parking from the street to preserve the architectural and landscape character of the street and also to safely separate the drop-off from the traffic along Feron Boulevard. In summary, the total number of on-site spaces, 231, meets and exceeds City requirements, and is supplemented by 88 additional tandem parking spaces in private driveways, producing a total of 319 possible on-site parking spaces. f. Street Pattern. The streets in the development are intentionally short, about one-half the length of streets in the grid of the existing Northtown neighborhood, and they are even shorter than the straight portions of curving streets in nearby newer developments. In addition, each short street is bent at its midpoint to further shorten the streetscape perspective and to slow traffic. The edge conditions are intended to mimic the traditional streetscape patterns of the neighborhood. g. Park Frontage. The majority of the park frontage is occupied by only four dwellings, positioned so that open space corridors will visually link the park to the open spaces of the development. These four units have one and two story elements. Only. in the back corner of the site, nearest the outfield of the adjac~t ballfield, are there located three attached units, separated by one story garages. At two locations there will be gates allowing passage from the development's open spaces into the park. The homes along the park are set back 15 feet with a landscape buffer. This should be more than adequate, since setbacks are generally intended to create open space between adjacent structures. There will be a 8 feet high decorative metal fence along the park edge. h. Architectural Character. The architectural character is inspired by the tradition of 'California bungalow courts', utilizing what is referred to as a 'Spanish Eclectic' style. There are a variety of one and two story elements throughout the development with some 2-1/2 story accent towers in important public locations. There are varying roof shapes, porches to every house and occassional bays and second-level balconies. The skin will be stucco, with curved concrete tile roofs. i. Security. A number of strategies are used to insure security throughout the site. First, the two entries lead into two independent dead-end streets which will discourage 'cruising' and create a difficult escape for anyone contemplating illegal activities. Secondly, all of the public outdoor space is subdivided into smaller, well-secured courts surrounded by only six families each and all roads and driveways are viewed by the front porch and and back patios of dwellings. Pedestrians walking within the site must use the sidewalks on the main streets which are well-observed by the dwellings. All visitor parking stalls are along parallel along the streets in full public view. All private parking are in small courts serving only 6 families, well supervised by the back patio areas. The edge of the site facing the adjacent private house will receive a 6' high block wall, set back one foot onto the property to allow for vines and irrigation along the private side of the wall. The rear block wall along the train tracks will be 10' tall and also planted on the train side with vines. As noted above the edge along the park and facing Main Street will be a decorative metal fence, 8' high. The two gates, one on the park and one on the Main Street cul-de-sac will be equipped with heavy duty locks and hinges and will also be 8' high. To safeguard against graffiti, all walls and buildings will be edged with 'foundation planting', shrubs that will grow to a height of about 3' to hold people back from the walls. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF I~NCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 94-04, THE PROPOSED DEVELOPMENT OF 88 RENTAL UNITS FOR AFFORDABLE MOUSING ON 8.56 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF OLD TOWN PARK, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-085-20. A. Recitals 1. North Town Housing Development Corporation has filed an application for the approval of Develo~ent Review No. 94-04, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 25th day of May 1994, 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 Cuc~monga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above referenced public hearing on May 25, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the south side of Feron Boulevard, west of Old Town Park with a street frontage of 601.28 feet and lot depth of 580.24 feet and is presently improved with curb, gutter, sidewalk, and street lighting along Feron Boulevard; and b. The property to the north of the subject site is Rancho Cucamonga Middle School, the property to the south consists of the Metrolink Railroad tracks and Bianne Winery, the property to the east is Old Town Park, and the property to the west is single family residential; and c. The application contemplates the construction of 88 rental units for affordable housing; and therefore, qualifies for a 25 percent density bonus pursuant to State law, which allows a density higher than the Low-Medium Residential designation (4-8 dwelling units per acre) on the property. PLANNING COMMISSION RESOLUTION NO. DR 94-04 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 2 d. The project, as proposed, includes all design, safety, and security criteria specified by the Engineering Division, the Rancho Cucamonga Sheriff's Department, and Rancho Cucamonga Fire Protection District; and e. The project contemplates the removal of one mature Eucalyptus tree for the purpose of constructing the project in the configuration as proposed on the conceptual site plan; and f. The project contemplates, in addition to the 88 residential units, the construction of a project meeting room and child care facility, which is being proposed as a separate application (Conditional Use Permit 94-10). g. The project incorporates a 10-foot high sound attenuation wall along the Metrolink Railroad tracks. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed use is in compliance with each of the applicable provisions of the Development Code; and d. 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. 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 mitigated 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 mitigated 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 mitigated Negative Declaration with regard to the application. PLANNING COMMISSION RESOLUTION NO. DR 94-04 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 3 b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows= In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildl£fe depends. Further, based upon substantial evidence contained in the mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Co~nission 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 th£s reference. Plannin~ Division All proposed wood fences shall be replaced with decorative block walls. 2~ The proposed decorative paving material shall be reviewed and approved by the Planning Division prior to installation. The proposed material shall stress long-term durability along with varying textures, etc. The roof tile or cornice element shall be extended to minimize staining of the exterior building walls to the satisfaction of the Planning Division. Window sills shall also be extended for the same reason. 41 Emergency vehicular crash gates should be provided, and pedestrian gates eliminated, per the recommendations of the Sheriff's Department. Deep root barriers shall be used, and appropriate tree species selected, in areas where planters are lees than 5 feet in width. A more decorative material or exterior finish shall be applied to all perimeter walls. PLANNING COMMISSION RESOLUTION NO. DR 94-04 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 4 7) 8) 9) 10) 11) 12) 13) The tiered security management plan shall be reviewed and approved by the City Planner during the construction document plan check phase, prior to the issuance of building permits. A maximum of two monument signs, one per street frontage, will be allowed for this development, excluding other types of signs interior to the project. A Minor Exception application shall be required to be reviewed and approved by the City Planner for all walls and fences in excess of 6 feet in height (except for the sound wall). This application shall be reviewed and approved prior to installation of the proposed walls and fences. Driveway approaches shall be limited to a maximum width of 16 feet where carports and garages are adjacent to each other. Recreational areas/facilities shall be provided in common open areas in accordance with Section 17.08.040(G) of the Development Code. When a side of any parking space abuts a building, wall, support column, or other obstruction which interferes in any way with access to a motor vehicle, the space shall be an additional 2 feet wider as required by the City's Parking Regulations. Tree Removal Permit No. 94-01 shall be approved subject to the following conditions in accordance with the Tree Preservation Ordinance: a) The Eucalyptus tree requested for removal may be removed as required to improve the property per the final site, grading, and landscape plans. Replacement planting for this tree shall be with a specimen size tree at a one-to-one ratio with the final location, species, and size subject to review and approval of the Planning Division in conjunction with the final landscape/irrigation plan. b) The other two mature Eucalyptus trees shall be preserved in place. All protection and pruning measures, including fences around the perimeter drip lines, shall be PLANNING COMMISSION RESOLUTION NO. DR 94-04 - NORTH TOWN HOUSING DEV. May 25, 1994 Page 5 administered, prior to the issuance of any grading or building permits. c) Approval of Tree Removal Permit No. 94-01 shall be valid for a period of 90 days, subject to extension. The 90 days shall start from the date of issuance of grading permits. d) The Planning Division {and, if applicable, Engineering Division) shall be contacted within 30 days of the planting of the trees to conduct an inspection. 14) A minimum of 300 square feet of private open space (including balconies and porches) shall be made available for each unit within the project, per the Development Code. 15) Planter islands for individual trees in front yard parks and parking areas shall have a minimum inside dimension of 5 feet square. 16) The elevations for all storage and other accessory buildings shall be reviewed and approved by the Planning Division, prior to the issuance of building permits. Said buildings shall conform to the architectural design concept of the residences in terms of style, details, colors, and materials. Enaineerinq Division 1) Contribution shall be required in lieu of construction towards one-half the cost of undergrounding on Feron Street and on Eighth Street including the A. T. & S. F. communication lines. 2) Access shall be provided for Assessor's Parcel No. 209-085-15. Access to the alley north of Main Street shall be provided for within the existing Ramona Avenue right-of-way. 3) The Archibald Avenue Master Plan Storm Drain shall be installed from Deer Creek Channel to mitigate the additional run-off as required by the City Engineer. 4) Unused portions of Ramona Avenue shall be vacated as necessary and all easements for drainage or utilities shall be reserved. PLANNING COMMISSION RESOLUTION NO. DR 94-04 - NORTH TOWN HOUSING DEr. May 25, 1994 Page 6 5) A parkway drain or a mainline junction shall be constructed for the on-site line accepting run- off from the northwest portion of the project (connections to catch basins are not acceptable}. 6) A manhole shall be constructed for the storm drain in Main Street to distinguish the public system from the private system. 7) An Encroachment Agreement for the private storm drain within the public right-of-way shall be prepared and accepted, prior to issuance of building permits. s) Access on Feron Boulevard shall be constructed as a commercial drive approach, per City Standard Drawing No. 101-C. Street trees within the parkway shall be limited to maximum 15-gallon size. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF MAY 1994. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, 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 25th day of May 1994, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limits ¢o~ple~io~ D.~c 'v/' 1. Approval shall expire, unless extended by Ihe Planning Commission, if building permits are ----/ / not issued or approved use has not commenced within 24 months from the date ol approval. 2. Development/Design Review shall be approved prior to / / ~ / 3. Approval of Tentative Tract No. is granted subject to the approval of ~ / 4. The developer shall commence, participale in, and consummate or cause to be commenced, / /- participated in, or consummated, a Mello-Roos Community Facilities District (CFD) 1or the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The station shall be located, designed, and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the District's property upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station, Ihe developer shall comply with all applicable laws and regulations. The CFD shall be lotreed by the District and the developer by the time recordation of the final map occurs. Prior to recorclation of the final map or the issuance of building permits, whichever comes first, the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities District, the applicant shall, in the alternative. consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits, whichever comes first. Further, if the affected school district has not formed 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. / /__ 12/93 1 of 12 ~ This condition shall be waived if Ihe City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all school impacts as a result of this project. Prior to recordation of the final map or prior to issuance of building permits when no map is involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development v,/ 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, extedor materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Specific Plan and Planned Community. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Prior to 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 1or compliance pdor to occupancy. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to issuance of building permits. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. Approval of this request shall not waive compliance with all sections ol the Development Code, all otl3er applicable City Ordinances, and applicable 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 Sheritf's Department (989-6611) pdor 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. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded lrom public view. SC-12/93 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 transformers, AC condensers, etc., shall be located out o! public view and adequately screened through the use of a combination concrete or masonry walls, barming, anti/or landscaping to the satisfaction of the City Planner. __~ ~_.~ 2of 12 l,,,)t(, Date: / / / / / /__ / / / / / / /__ /_ / 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 for City Planner review and approval prior to approval and recordalton 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 Rest dctions (CC& Rs) shall not prohibit the keeping of equine animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option ol keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval 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, whichever occurs first. A recorded 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. 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 1or the purpose of assuming that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, struclures, fixtures or any other object, except !or 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, extedor alterations and/or interior alterations which affect the exledor of the buildings or structures, removal o! landmark trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building Design 1. 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 alternalive energy systems are demonstrated to be o! equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. SC-[2/93 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 prior to issuance of building permits. 3 of 12 Compleuon Da~e / / / / / / / __/ / / / / /__ / D. Parking Standard patio cover plans for use by the Homeowners' Association shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits. All mot 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 Io the satisfaction of the City Planner. Details shall be included in building plans. and Vehicular Access (Indicate ¢letalls on building plans) All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/ plazas/recreational uses. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be stdped per City standards. 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 of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publicly maintained landscape areas, refer to Section N.) 1. A detailed landscape and irrigation plan, including slope planling and model home landscap- ing in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval priorto the issuance of building permits or prior final map approval in the case of a custom lot subdivision. Existing trees required to be preserved in place shall be protected with a construction barrier in acco rdance 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 landscape plans. The applicant shall follow all of the arborisrs recommendations regarding preservation, transplanting and tdmming methods. A minimum of t'~/c) trees pergross acre, comprised of the following sizes, shall be provided within the project: % - 48- inch box or larger, % - 36- inch box or larger, i 0 % - 24- inch box or larger, ~0 % - 15-gallon, and __ % - 5 gallon. 4. A minimum of % of trees planted within the project shall be specimen size trees - 24-inch box or larger. 5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient Io shade 50% of the parking area at solar nooh on August 21. SC- 12/93 4 of 12 Prol~:t Compleuon Date: __/ / / / / / ~ / / / / __J / 6. Trees shall be planted in areas of public view adjacent to and along structures at a rate o! 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. Allprivate slopesinexcessofSfeet, but lessthan8 feet in vertical height ando12:1 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. I1. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by Ihe Planning Division to determine that they are in satislactory condition. 10. For multi-family residential and non*residential 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 from weeds and debris and maintained in a healthy and thdving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant malerial 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 ol the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coorclinated Ior 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 intensified landscaping, is required along 14. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteda shall encourage the natural growth characteristics of the selected tree species. J17. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. S~- 12/93 5of 1.2 Completion Date: / / / / / / / / / / / / / / l__ F. Signs / The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and approval pdor to issuance of building permits. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shall require separate application and approval by the Planning Division pnor to issuance of building permits. G. Environmental J 4. The developer shall provide each prospective buyer written notice of the Fourth Street RocR Crusher projecl in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. H. Other Agencies ~/ 1. Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire Protection District Standards. ,,-/ 3. C/ 4. Emergency access shall be provided, maintenance Iree and clear, a minimum of 26 leet wide at all times during construction in accordance with Rancho Cucamonga Fire Protection District requirements. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucamonga Fire Protection District that temporary water supply 1or fire protection is available, pending completion of required fire protection system. The applicant shall contact the U.S. Postal Service to determine Ihe appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure lor mail boxes with adequate 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. Com~l¢~on D~,~.e: / / / / / / / / / / / / / / / / / / /__ SC- 12/93 For projects using septic tank facilities, written certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance ol buildi[t~Dermits. ~ ,~ 60£ 12 / / APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site Development 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 Safely Division for copies of the Code Adoption Ordinance and applicable handouts. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development lees 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 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness of existing buildings. 2. Existing buildings shall be made to comply with correct building and zoning regulations for the intended use or the building shall be demolished. 3. Existing sewage disposal lacitities shall be removed, Illled and/or capped to comply wilh the Uniform Plumbing Code and Uniform Building Code. 4. Underground on-site utilities are to be located and shown on building plans submitted 1or building permit application. K. Grading ,.,/ 1. Grading of the subject property shall be in accordance 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 shall 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 Distud3ance Permit is required. Please contact San Bernardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance ol rough grading permit. s. S~- t2/93 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 ol building permits. ? Oft2 C. om pic~o~ Date: / / / / / / / /__ / / / / / / t--! 6. As a custom-lot subdivision, the lollowing requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Safety Division prior to linal map approval and prior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto or over adjacent parcels, are to be delineated and recorded to lhe 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 pdor to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. Final grading plans for each parcel are to be submitted to the Building and Salety Division 1or approval prior to issuance of building and grading permits. (This may be on an incremental or composite basis.) e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or planted with ground cover for erosion control upon completion of grading or some other alternative method ol erosion control shall be completed to the satisfaction ol the Building Official. In addition a permanent irrigation system shall be provided. This requirement does not release the applicant/developer from compliance with the slope planting requirements ol Section 17.08.040 I of the Development Code. Proiec[ No. 'C c' P ~' 7 - ? ~.' Comp~cuon Date: / / _.J / __/ / / / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): ¢~,~ - ,~-,~4r,.Jotal feet on /~ ,~/,,,d ...~-7'"/E ~'~'. 7"' total leer on total leer on total feet on 3. An irrevocable offer of dedication for -foot wide roadway easement shall be made for all private streets or ddves. 4. Non-vehicular access shall be dedicated to the City for the following streets: SC- 12/93 Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds an0 shall be recorded concurrently with the map or prior to Ihe issuance of building permits, where no map is involved. ~ ~L.~' C.~ 7 8 o1' 12 / /__ / Private drainage easements for cross-lot c~rainage shall l~e proviclecl ancl s~al~ be clelineated L /~, or noted on the final map. 7. The final map shall clearly delineate a 10-foot minimum building restriction area on the neighl:)oring lot adjoining the zero 10t line wall and contain the tollow~ng language: / / "l/We hereby cleclicate to tl~e City of Rancho Cucamonga the nght to prol~ibit the construclion of (residential) bugclings (or other structures) within those areas designated on the map as Dullcling restriction areas." A maintenance agreement shall also 13e granted from each lot to the adiacent lot through the CC&R's. 8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on the linal map. / / 9. Easements for public sidewalks and/or street trees placed outsMe the public right-of-way ...._/ / shall be dedicated to the City wherever Ihey encroach onto private property. 10. Additional street right-of-way shall I:)e dedicated along right turn lanes, to provide a minimum of 7 feet measured from the face of cur'os. If cur'o adjacent sidewalk is used along the rig~ turn lane. a parallel street tree maintenance easement shall be provided. / / 11. The developer shall make a good faith effort to acquire t13e required off-site property interests necessary to construct the required public irr~rovements, and if he/she sl~ould fail to do so, the developer shall, at least 120 days prior to submittal of the final map for apt3roval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required lot the improvements. Such agreement shall provide for payment by the cteveloper of all costs incurred by the City to acquire the off-s~te property interests required in connection with the sulxlivision. Security for a portion of these costs shall be in the form ol a cash deposit in the amount given in an appraisal redoft ot3tained by the developer, at developer's cost. The appraiser shall have Peen approved by the City prior to commencement ol the appraisal. M. Street Improvements '~ 1. All pu131ic improvements (interior streets, drainage facilities, community trails, paseos, lanclscaped areas, etc.) stx~vn on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements Shall include, I:xJt are not limited to, cu~o anti gutter, AC pavement, drive approaches, sidewalkS, street lig~s, an(I street trees. ,/ 2. A minimum of 26- fOOl wide pavement, within a 40 -foOt wide declicale~ right-of-way shall be constructed for all half-section streets. 3. Construct the following perimeter street improvements including, I:)ut not limited to STREET NA~E cure & A.C. S~E- ORIV~ 511~EET STREET GIJI"rER PvM'r W&I.K APteR LIGHTS TREES TRAI. ~ TRNI. SO-12/93 ~/~ 7 '~ ~ t Notes: (a) Median island includes landscalmng ancl irngation on meter (hi Pavemere reeonstru~ton and overla~s will De ~e~er~ime~ walk small be cu~ilinear p~r STD. 304. [d~ Jf ~ ~ame~, an in-heu of con~ctjon fee snail , ~rov~ed fqr this ~em',~)~ Improvement plans and construction: a. Street improvement plans including street trees and street lights, prepared by a regis- / / feted Civil Engineer, shall be submitted to and approved by the City Engineer. Security snail be posted and an agreement executed to the satisfaction of the City Engineer and the City Atlorney guaranteeing completion pt the public and/or pnvate street improve- merits, prior to final map approval or the issuance of buik~ing permits, whichever occurs first. b. Prior to any work being pedormed in public right-of-way, fees shall be paid and a / / construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement smping, marking, traffic. street name signing, and interconnect conduit / / shall be installed to the satisfaction pt the City Engineer. Signal conduit with pull boxes shall be installed on any new construction or reconstruction of major, secondary or collector streets winch intersect with other major, secondary or collector streets for future traffic signals. Pull boxes shall be placed on both sides ol the street at 3 feet outside of BC R, ECR or any other locations approved by the City Engineer. Notes: ( 1 ) All pull boxes shall be No. 6 unless otherwise specified by the City Engineer. (2) Con(3u~t shall be 3-~ncn galvanized steel w~th pullrope. Wheel chair ramps snail be installed on all four corners of intersections per City Standards or as directed by the City Engineer. Existing City roads requinng construction shall remain open to traffic at all times w~th adequate detours during construction. A street closure permit may be required. A cash deposit shall be provided to cover the cost of grading and paving, winch shall be refunded upon completion of the construction tO me satislaction of the City Engineer. / / g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains snail be installed to City Standa~s, except for single family lots. h. Handicap access ramp design shall be as spec,lied by the City Engineer. Street names sitall be approved by the City Planner prior to subm~al for first plan check 5. Street improvement plans per City Standards for all private streets shall be provided lot rewew and approval by the City Engineer Pnor to any work being pedormed on the vate streets, fees shall be paid and construction permits shall be obtained from the City Engineer's Office ;n addition to any other permits requ;red. 6. Sireel trees, a minimum ol 15.gallon size of larger. shall be installed per City Standards accordance with the City'5 street tree program ,5~-[2/93 7. Intersection line of site designs snail be reviewed Dy the C~ty Engineer for conformance w~m actopted policy. a. On collector or larger streets. lines of s~ght shall be plotted lot all project interseCtions. including driveways. Walls, signs. and slopes shall be [ocated outside the lines of s~ght. Landscaping and other obstruCtions within the lines of sight shall be approved by the City Engineer. 13. Local residential street interseCtions shall have their noticeability improved, usually by moving the 2 ,-~- closest street trees on each sicte away from me street and placed in a street tree easement. 8. A permit shall 0e obtained from CALTRANS for any work within the following right-of-way: / /__ / / 9. All public improvements on the following slreels shall be operationally complete pdor tO the issuance of building permits: / / N. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Publid Works Slandards shall be submined to the City Engineer for review and approval pnor to final map approval or ~ssuance ot Dullcling permits. whichever occurs first. The following landscape parkways, medians, paseos. easements, trails, or other areas are required to be annexed into the Landscape Maintenance Distrim: 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed w~th the City Engineer pnor to final map approval or issuance of builcling permits whichever occurs first. Formation costs shall be tx)rne by the developer. 3. All required puDlic landscaping and irrigation systems shall be continuously maintained by the developer unto accepted by the City. 4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beaut~ficat~on Master Plan: / O. Drainage and Flood Control The project (or I:x:Jrtions thereof) is located within a Flood Hazard Zone; therefore, flood protection measures slYall be prov,:led as certified by a registered Civil Engineer and approved by the City Engineer. 12/93 It shall be the developers responsibdity I0 nave the current FIRM Zone des,gnation removed from the proiect area. The developers engineer shall prepare all necessary reports, plans, and hydrologic.'hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final mad apgroval or issuance of building permits. whichever occurs lirst A Letter of MaD Revision (LOMR) sha=l be issued by FEMA pnor to occupancy or ~mprovement acceptance, wh,chever occurs hrst A final drainage study shall be SUbretorted to and approved by the City Engineer prior to hnal map approval or the ~ssuance of building permits. wmcnever occurs lirst. AIl,,14,dra~nage faoht~es shall be ~nstalleO as required by the City Engineer. ~.~/,~.. I I of 12 4. A permit from the Coun~ Flood Control Distnct is required for wor~ w~thm tts ngnt.ot-way. '"/ 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 6. Public storm drain easements shall be graded to convey ovedlows in the event of a blockage in a sump catch basin or~ the public street. 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utillt~ Standards. Easements shall be provided as required. 2. The developer shall be responsible for the reidcation of existing utilities as necessary. 3.Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancl'm Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. / / / / / Q. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into one parcel pnor to ~ssuance of building permits. 2. An easement for a joint use dnveway shall be provided prior to final map approval or issuance of bu~tding permits, whichever occurs first, lot: 3. Prior to approval of the final map a deposit shall be posted with the City covering the estimated COSl of apportioning the assessments under Assessmenl Distriot among the newly created parcels. Etiwanda./San Sevame Area Regional Mainline, Seconclary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to buiMing permit issuance no map ~s involved. 5 Permits shall be obtained from the following agencies for work within their nght-Of-way: / A signed consent and waiver form to loin and/or form the Law Enforcement Community Facilities District shall be filed witt~ the City Engineer prior to final map approval or the issuance of 13uilcling permits, whichever occurs first. Formation cosIs shall be home by the Develol:)er. Pnor to finalizat~on of any cleveiopment phase, sufficient improvement plans shall be com- pleted t3eyond the phase boundanes to assure secondary access anti drainage protection to the sal~sfact~on of the City Eng,neer Phase boundanes shall correspond to lot lines Shown on me approved tentative map. .5~ 12/93 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-10 A REQUEST TO CONSTRUCT A 2,675 SQUARE FOOT DAY CARE FACILITY AND RELATED PARKING ON AN APPROXIMATE 1-ACRE PORTION OF THE 8.56-ACRE, 88-UNIT NORTH TOWN AFFORDABLE HOUSING DEVELOPMENT, WITHIN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF FEHON BOULEVARD, WEST OF OLD TOWN PARK, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-085-20. A. Recitals. 1. North Town Housing Development Corporation has filed an application for the issuance of Conditional Use Permit No. 94-10, 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 25th day of May 1994, 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. Eased upon substantial evidence presented to this Commission during the above-referenced public hearing on May 25, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a portion of the property located on the south side of Feron Boulevard, west of Old Town Park with a street frontage of 601.28 feet and lot depth of 580.24 feet and is presently improved with curb, gutter, sidewalk, and street lighting along Feron Boulevard; and b. The property to the north of the subject site is Rancho Cucamonga Middle School, the property to the south consists of the Metrolink Railroad tracks and the Bianne Winery, the property to the east is Old Town Park, and the property to the west is single family residential; and PLANNING COMMISSION RESOLUTION NO. CUP 94-10 - NORTH TOWN DEV. May 25, 1994 Page 2 c. The application contemplates the use of the proposed 2,675 square foot building within the 88-unit affordable housing project as a day care facility, primarily for residents of the affordable housing complex~ and d. The day care facility has been designed to accommodate up to 40 children and 3 employees on the largest shift, with parking and an outdoor play area sufficient to meet the needs of this proposal. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows= a. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. c. That the proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows= a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as ~mended, and the State CEQA guidelines promulgated thereunder~ that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission~ and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows= In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence PLANNING COMMISSION RESOLUTION NO. CUP 94-10 - NORTH TOWN DEV. May 25, 1994 Page 3 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 end every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Pl&nnin~ Division 1) 2) 3) All applicable conditions from the Resolution of Approval for Development Review 94-04 shall apply. Hours of operation shall be limited to 6:00 a.m. to 7:00 p.m. weekdays, except national holidays. The facility shall be limited to a maximum of 40 children and 3 employees on the largest shift. 4) 5) The outdoor play area shall be of a size to accommodate 40 children per all applicable State requirements. The trash enclosure shall be designed with the following design features to the satisfaction of the City Planner= a) Architecturally integrated into the design of this project. b) Separate pedestrian access that does not require opening the main doors and includes a self-closing pedestrian door. c) Large enough to accommodate two trash bins. d) Roll-up doors. e) Trash bins with counterweighted lids. f) Architecturally treated overhead shade trellis. g) Chain link screen on top to prevent trash from blowing out of the enclosure. The screen shall be designed to be hidden from view. PLANNING COMMISSION RESOLUTION NO. CUP 94-10 - NORTH TOWN DEV. May 25, 1994 Page 4 $) Trash collection shall occur between the hours of 9:00 a.m. to 10:00 p.m. only. 7) The operation of this facility shall comply with all laws and regulations of the State of California related to licensing and operation. s) The applicant shall submit copies of all State licenses to operate this facility to the Planning Division prior to final occupancy. 9) If the operation of this use is inconsistent with any of the conditions of approval or causes adverse effects upon adjacent properties or public rights-of-way, including, but not limited to, excessive noise, glare, vibration, odors, or traffic safety problems, the Conditional Use Permit shall be brought back to the Planning Commission for their consideration and possible revocation of the Conditional Use Permit and termination of use. lo) Expansion of this preschool beyond 40 children, major changes to the development plans or phasing, or expansion of the use beyond that approved by this permit, shall require approval of a modification to this Conditional Use Permit by the Planning Commission. 11) This approval is contingent upon approval of Development Review No. 94-04. En~ineerin~ Division 1) All applicable conditions from the Resolution of Approval for Development Review 94-04 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF MAY 1994. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman PLANNING COMMISSION RESOLUTION NO. CUP 94-10 - NORTH TOWN DEV. May 25, 1994 Page 5 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 25th day of May 1994, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS Those items chewed are CondOions of ~proval. APPLICANT SHALL CONTACT THE PLANNING DIVISION , (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time LImEs COmDICt~on Dat~ '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 .__/ / 4. The developer shall commence, participate in, and consummate or cause to be commenced, __-/ /.__ participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Prolection Distdct to finance construction and/or maintenance of a fire station to serve the development. The station shall be located, designed, and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the Districrs property upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station, the developor shall comply with all applicable laws and regulations. The CFD shall be 1ormed by the District and the developer by the time recordation of the final map occurs. 12/93 Prior to recordation of the final map or the issuance of building permits, whichever comes first, the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community Facililies District for the construction and maintenance of necessary school facilities. However, if any school dislrict has previously established such a Community Facilities District, the applicant shall, in the alternative, consent to the annexation of the project site into the territory of Such existing District prior to the recordation of the final map or the issuance ol building permits, whichever comes lirst. Further, il the affected school district has not formed a Mello-Roos Communily 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. ] of 12 / This condition shall be waived if the City receives notice that the applicant and all altected school districts have entered into an agreement to privately accommodate any and all school impacts as a result of this project. Prior to recordation of the final map or prior to issuance of building permits when no map is involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior Io iinal map approval in the case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, extedor materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Specific Plan and Planned Community. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall be submitled 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. ~/ 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to issuance of building permits. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated lot consistency pdor to issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or prior to final map approval in the case ol a custom lot subdivision, or approved use has commenced, whichever comes first. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Sheritf's Department (989-6611) pdor to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method ol shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and lhe number of trash receptacles shall be subject to City Planner review and approval prior to issuance of building permits. ,5C-12/93 . 10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out oi public view and adequately screened through the use of a combination ol concrete or masonry walls, barming, and/or landscaping to the satisfaction of the City Planner. ~) o~/~, ~,d~ 2 of 12 Complcuon D~te / / / / .~/ / .__J / / / / / / / / / / / 1 1. 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 for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with Ihe Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to Ihe City Engineer. 16. All parkways, open areas, and landscaping shall be permanently maintained bylhe 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 purpose of assuming that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units 1or use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation ol 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 1or 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 rnoditications to the site including, but not limited to, exterior alterations and/or interior alterations which affec~ lhe exteriorol the buildings or structures, removal ol landmark trees, demolition, reiocation, reconstruction of buildings or structures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building Design 1. An alternative energy system is required to provide bomestic 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 submitted for City Planner review and approval prior to the issuance o! building permits. 12/93 All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of sudace treatment subject to City Planner review and approval prior to issuance ol building p~ r~mits. 3 of 12 Cornpi¢~on / / ..__/ / / / .__/ / ,/ / ,,! / ,J D. Parking ',,/' 1. Standard patio cover plans for use by the Homeowners' Association shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered trom adjacent properties and streets as required by the Planning Division. Such screening shall be amhitecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. and Vehicular Access (indicate details on building plans) All parking Ioi landscape islands shall have a minimum outside dimension of 6 leet and shall contain a 12-inch walk adjacent to the parking stall (including cu~). Textured pedestrian pathways and textured pavement across circulation aisles shall be provided lhroughout the development to connect owellings/units/buildings with open spaces/ plazas/recreational uses. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 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 of recreational vehicles on this site unless they are the principal source of transportation 1or the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. Plans for any security gates shall be submitled for the City Planner, Cily Engineer, and Rancho Cucamonga Fire Prolection District review and approval pdor to issuance ol building permits. E. Landscaping (for publicly maintained landscape areas, refer to Section N.) i~' 1. A detailed landscape and irrigation plan, including slope planting and model home landscap- ing in the case of residential development, shall be prepared 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 lhe case of a custom lot subdivision. V/" 3. Existing trees required to be preserved in place shall be protected with a construction barrier in acco rdance 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 landscape plans. The applicant shall follow all of the arborisrs recommendations regarding preservation, transplanting and tdmming methods. A minimum of LY'0 trees per gross acre, comprised of the lollowing sizes, shall be provided within the project: % - 48- inch box or larger, % - 36- inch box or larger, i 0 % - 24- inch box or larger, ~0 % - 15-gallon, and __% - 5 gallon. 4. A minimum of % of trees planted within the project shall be specimen size trees - 24-inch box or larger. ~ 5. Within parking lots, trees shall be planted at a rate of one 15-gallon Iree for every three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. S~-12/93 4 of 12 / / / / / / .~/ / / / / / / / / /__ / /__ ___/ / 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 for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer pdor to occupancy. o AIIprivateslopesinexcessof5feet, butlessthan8 feet inverticalheightandof2:l 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. It. ol 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. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 10. For multi-family residential and non-residential 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 lree from weeds and debris and maintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant malerial 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 !inal design of the perimeter pad(ways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated forconsistencywithanypadcway landscaping planwhich 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 inlensified landscaping, is required along 14. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. All walls shall be provided with decoralive treatment. If located in public maintenance areas, the design shall be coordinaled with the Engineering Division. / / / / / / / / / / Tree maintenance criteria shall be developed and submitted for City Planner review and /__! approval prior to issuance of building permits. These criteda shall encourage the natural growth characteristics of the selected tree species. J17. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. sc . 12193 5 of 12 F. Signs The signs indicaled 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 U nitorm Sign Program for this development shell be submitted for City Planner review and approval pdor Io issuance of building permits. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. G. Environmental The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with Ihe mitigation measures contained in the final report. H, Other Agencies J 1. EmergencysecondaryaccessshallbeprovldedinaccordancewithRanchoCucamongaFire Protection District Standards. ,,f 2. ;/ 3. L.,/ 4. Emergency access shall be provided, maintenance !ree and clear, a minimum o126 leet wide al all times during construction in accordance with Rancho Cucamonga Fire Protection District requirements. Prior to issuance of building permits 1or combustible construction, evidence shall be submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Muiti-lamily residential developments shall provide a solid overhead structure 1or mail boxes with adequate lighting. The linal location of the mail boxes and the design ol the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. Complcuon Date: __J / / / / / / / / / 12/93 For projects using septic tank facilities, written certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department o! Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. 6 of 12 / / APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completm~ Date: I. Site Development The applicant shall comply with the lalest adopted Uniform Building Code, Uniform Mechani- cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect al the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are nol limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. / / / / Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such tees 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 pdor 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. / / 3. Existing sewage disposal lacilities shall be removed, filled an~or capped to comply wilh the Uniform Plumbing Code and Uniform Building Code. / / 4. Underground on-site utilities are to be located and shown on building plans submitted for building permit application. / / K. Grading 1. Grading ot the subject property shall be in accordance 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 shall be prepared by a qualilied engineer licensed by the State of California to perform such work. / / / The development is located within the soil erosion control boundaries; a Soil Distud3ance Permit is required. Please contact San Bernardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance ol rough grading permit. / SC-t2/93 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 building permits. 7Of 12 6. As a custom-lot subdivision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Safety Division prior to final map approval and prior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto or over adjacent parcels, are to be delineated and recorded to the satisfaction of 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 pdor to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 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.) e. All slope banks in excess of 5 feel in vertical height shall be seeded with native grasses or planted with ground cover for erosion control upon complelion of grading or some other alternative mell~od 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 applicant/developer from compliance with the slope planting requirements of Section 17.08.040 I of the Development Code. Co111D[¢t~on Date: / / .4.PPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE ~ITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or lentative map. Dedicalion shall be made ol the following rights-of-way on the perimeter streets (measured !rom street centerline}: C'~- o~-'~l~total feet on //~ ~,~//d ,-~'"/~' ~'C=~'- total feel on total feet on SC- t2/93 total feet on 3. An irrevocable offer of dedication for for all private sireels or drives. -foot wide roadway easement shall be made ~ 4. Non-vehicular access shall be dedicated to the Cily lot the following streets: Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs ! or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. ~) S~'~ ,~ L~ 8 of 12 / / / / 6. Private drainage easements forcross-lot drainage shall be prowded and shall be delineated or noted on the final map. 7. The final map shall clearly delineate a 10-foot minimum building restriction area on the neighDoting lot adjoining the zero lot line wall and contain the tollow~ng language: 'l/We hereby dedicate to the City of Rancho Cucamonga the right to prohibit the const~ction of (residential) buildings (or other structures) within those areas designated on the map as Dullcling restriction areas." A maintenance agreement shall also be granted from each lot to the adjacent lot through the CC&R'S. 8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on the final map. 9. Easements for public sidewalks and/or street trees placed outside the public rignt-ot-way shall be dedicated to the City wherever they encroach onto private property. 10. Additional street right-of-way shall be dedicated along nght turn lanes, to provide a minimum of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the riglit turn lane, a parallel street tree maintenance easement shall be provided. 11. The developer shall make a good faith effort to acquire t~e required off-site property interests necessary to construct the required public improvements, and if I~e/she should fail to dd so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required lot the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the otf-site property interests required in connection with the sul:~livision. Security for a porhon of these costs shall be in the form ol a cash deposit in the amount given in an appraisal report obtained by the developer, at developers cost. The appraiser shall have been approved by the City pnor to commencement ol the appraisal. M. Street Improvements '~ 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans ancot tentative map shall be constructm:l to City Standards. Interior street improvements shall include. Dut are not limited to, c~rb and gutter, AC pavement, drive approaches, siclewalks, street ligNs, and street trees. 2. A miramum o126- foot wicle pavement, within a 40 -foot wide dedicated nght-of-way shall be constructed for all half-section streets. 3, Construct tl~e following perimeter street improvements including, but not limited to / / / / / / __./ / / / STREET NAME CURS& A.C. S~E* ORIVE STREET STREET GIJI'T~ R PV~ W~K AP~ L~S ~EES T~L l)/'~ 7 ¥"'.- t :,.-.,. ~:~ ,, Notes: (a) Median island includes landscaping and irngation on meter (b) Pavement reconstruction and overlays will be determined 0uring plan check. (c) if so marked, side- walk shall be curvilinear per STD. 304, (,.cl) Jf so markecl, an in-lieu of construction fee shall Improvement plans and construction: a. Street improvement plans including street trees and street lights, prepared by a regis- ----/ / feted Civil Engineer, shall be submitted to and approved by the City Engineer. Security snarl be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion o! the public and/or pnvate street improve- ments, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public nght-of-way, fees shall be paid and a 2 / construction permit snail be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement stnping, marking, traffic, street name signing, and interconnect conduit snail be msialied to the satisfaction of the City Engineer. / / d. Signal conduit with pull boxes shall be installed on any new construction or reconstruction / / of malor, secondary or collector streets which intersect with other rnalor, secondary or collector streets for future traffic s~gnals. Pull boxes shall be placed on both sides ol Ihe street at 3 feet outside ol BCR, ECR or any other locations approved by the City Engineer. Notes: (1) All pull poxes shall be No. 6 unless otherwise specified by the City Engineer. (2) Conduit snail be 3-inch galvanized steel witl~ puffrope. Wheel chair ramps shall be installed on all four corners of intersections per City Standards or as directed by the City Engineer. Existing City roads requiring construction shall remain open to Iraffic at all times with adequate detours during construction. A street CloSure permit may be required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satislaction of the City Engineer Concentrated drainage flows Shall not cross sidewalks. Under sidewalk drains snail be installe0 to City Standan:Is, except for single family lots. Handicap access ramp design shall be as specified by the City Engineer. i. Street names shall be approved by the City Planner prior to submittal for first plan check 5. Street improvement plans per City Standards for all private streets shall be provided for rewew and approval by the City Engineer. Prior to any work being performed on the vate streets, fees shall be paid and construction permits shall be obtaineel from the City Engineers Office ~n addition to any other permits recluired. 6. Slreet trees, a minimum of 1S-gallon size or larger, shall be installed per City Standards accordance with the City's street tree program 12/93 10 or 12 7. Intersection line of site designs snail be rewewed by the C~ty Eng=neer for conformance w~th adopted policy. a. On collector or larger streets, lines of s~ght snail De plotled for all project intersections, including driveways. Walls, signs, ancl slopes shall be located outside the lines of s~ghl. Landscaping ancl other obstructions within the lines of sight s~all be approved by the City Engineer. 13. 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 obtaineel from CALTRANS for any work w~thin the following right-of-way: / __ / / / /__ / / 9. All public improvements on the following streets shall be operationally complete pdor to the issuance of building permits: / / N. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval pdor to final map approval or issuance of builc/ing permits, whichever occurs first. The lollowing landscape parkways, medians. paseos, easements, trails, or other areas are required to be annexed into the Landscape Maintenance District: 2. A signed consent and waiver form to join and/or form the appropriale Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs sl~all be Ix)me by the developer. 3. All required pu131ic landscaping and irngation systems shall be continuously maintained by the developer umd accepted by the City. 4. Parkway landscaping on the following street(s) shall conform to the results of the resbective Beaut~ficat~on Master Plan: / / O. Drainage and FidOel Control The project (or pOtlions thereof) is located wilhin a Flood Hazard Zone; therefore, flood protection measures shall be provK:led as certified by a registered Civil Engineer and approved by the City Engineer. S4~.12/93 2. It snail be the developer's responsibility to nave the current FIRM Zone designation removed from the proloci area. The peveloper's engineer shall prepare all necessary reports, plans, and nydrologic4~ydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of bu~tcling hermits. whichever occurs first. A Letter of Map Revision (LOMR) sha, be issued Dy FEMA prior to occupancy or ~mprovement acceptance, whichever occurs first 3 A final drainage study snail be submitled to and approved by the City Engineer prior to map approval or fne ~ssuance ot bu,ldmg permits. wn,cnever occurs first. AII.drmnage facdmes shall be ~nstallecl as required by the City Engineer. ~.~,~/,~..~ I I of [2 4. A permit from the County Flood Control Distnct is required for work within ~ts nght-ot-way. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge ot a mature tree trunk. 6. Public storm drain easements shall be graded to convey overflows in the event of a blo~,kage in a sump catch basin o~ the public street. 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance wrth the Utility Standards. Easements shall be provided as required. 2.The developer shall be responsible for the reidcation of existing utilities as necessary. 3.Water and sewer plans shall be designed and constructed to meet the requirements ot the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District. and the Environmental Health Department of the County of San Bernardino. A letter o! compliance I'rom the CCWD is required prior to final map approval or issuance of pen'nits, whichever occurs first. / / /__ / / / / / / .~/ / Q. General Requirements and Approvals 1 .The separate parcels contained within the project boundaries shall be legally combinet1 into one parcel prior to ~ssuance of building permits. 2. An easement for a jo~nl use dnveway shall be provided prior to final map approval or issuance of building petra,Is, whichever Occurs first, Ior: 3. Prior to approval of the final map a deposit shall be I:x3sted with the City covering the estimated cosl of apbortioning the assessments under Assessment District among the newly created parcels. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid pnor to final map approval or prior Io building permit issuance no map ~s involvecl 5. Permits shall De obtained from the following agencies for wo~ within their nght-of-way: __/ / / / A signed consent and waiver form to join and/or 1orm the Law Enforcement Community Facilities District shall be filed with the City Engineer prior to linal map apl3roval or the issuance of building permits, whichever occurs first. Formation costs shall De home by the Developer. Pnor to finalizatlon of any development phase, sufficient improvement plans shall be com- pleted beyond the phase boundanes to assure secondary access and drainage protection to the satisfaction of the City Engineer Phase bounclaries shall correspond to lot lines S130wn on the approved tentative map. L2/93 t2 of [2 May 23, 1994 .-C.. , r/.U - c, I Y OF RANCHO CUCAMON~,- {~LANNING DIVISIO?,I Rancho Cucamonga Planning Commission City ofRatgho Ogamonga P.O. Box 807 Ranoho Ctmamonga, CA 91729 RE: Environmental Assessmont and D~velopmont R~vicw 94-04 North Town Housing I~vclopmont Corporation and Environmental Asse.ssmont and Conditional us~ !~mit 94-10 North Town Housiag D~vclopment Corporation Dear Commissiolg~: As owner of the adjac, ont Pierre Bian~ Windy, tht~ ar~ s~v~ul c. onc.~na regarding tho abovc montiotgd project that should b~ addgsse~ Tho owner oftlg Pi~m Bian~ Windy object to project proc~ding unless th~ foRowing a~ incorporated into the devclopmont: 1) As longtime maideats of Rancho Cucamonga we are more than aware of the problem~ of drug dealing, theft, vandali~n and murder that occur in low income or subsidizexl housing projects. We feel that a security guard be on th~ prol~'rty 24 hours a day, 365 days a year. 2) The project should be designed (landacaping) to provide a nic~ landsca~ view corridor for the l:n'Ol:~xty owners along Eighth Street. We seriously object to a block wall, which will surely be covered with graffiti the day of completion We look forward to the~ c. onc.~nm hoing addmssexl on May 25, 1994 at your Planning Commission ~ Sinc~ly, Paul Bian~ PB:bs ../ DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT May 25, 1994 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, Associate Planner CONDITIONAL USE PERMIT 93-45 - HILDENBRAND (THE LILLY PAD) - A periodic review of the operation of an approved stress reduction clinic located at 8645 Maven Avenue, Suite 550 - APN: 209-144-54. RECOMMENDATION: Staff recommends that the Planning Commission deem that there is sufficient evidence to warrant a full examination, and set a public hearing date to consider revocation of the Conditional Use Permit. BACKGROUND: On November 10, 1993, the Planning Commission approved this Conditional Use Permit to operate a stress reduction client within a multi-tenant industrial complex. Based upon the description by the applicant, Debra Hildenbrand, the use was approved for relaxation therapy and stress reduction, including light therapy, aroma therapy, relaxation breathing exercises, stretching, and sensory deprivation (see Exhibit "C"). Conditions of Approval prohibited massage or adult business activity (see attached Resolution No. 93-96). ANALYSIS: The Lilly Pad never received a Massage Establishment Permit because the applicant represented that they were a stress reduction clinic. The applicant was notified by the City on March 1, 1994, that the business was in violation of Section 9.24.020 of the Rancho Cucamonga Municipal Code by operating a massage establishment without proper permits (see Exhibit "A"). This section states in part, "It is unlawful for any person, firm partnership or corporation to be engaged in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City, the operation of a massage establishment as herein described, without first having obtained a permit issued by the City..." The applicant responded by denying that massage services were offered at The Lilly Pad (see Exhibit "B"). The Rancho Cucamonga Police Department witnessed massage services being performed on May 4, 1994, at The Lilly Pad. A Police respresentative will give a verbal repeat of their findings. Therefore, staff believes that there is sufficient evidence to warrant a full examination to consider revocation of the Conditional Use Permit. Attachments: Exhibit "A" - Notification Letter Exhibit "B" - Applicant's Response Exhibit "C" - Staff Report dated November 10, 1993 Resolution No. 93-96 ITEI.: G A NC HO C UC A A March 1, 1994 Ms. Debra Hildcnbrand The Lilly Pad 8645 Haven Ave.. Suite 550 Rancho Cucamonga, CA 91730 Dear Ms. Hildcnbrand: This letter is to notify you that you are in violation of Rancho Cucamonga Mt, nicipal Code Section 9.24.020. Thc above referenced section of the Municipal Code states in part, "It is unlawful for any I)crson, firm, t~artncrship or corporation to be engaged in, conduct or carry on, or Io pcrnm to bc engaged in, conducted or carried on, in or upon any premises ~vithin the city, the operation of a massage establishment as herein described. without first having obtained a permit issued by Ihc oily.... 11 bas come IO tile City's attention float massage services are being provided at your busincs,~ in violation of dtc Municipal Code. The Municipal Code requires you to havc a Mas,<tgc E~,lablishment Permit and you are requested to obtain one immcdiatclx. [f .votl have uot taken action to obtain a permit by March 31. 1994. the Cit3 will hcgm io pursue all remedies available to obtain compliance with the provisions of tile Municipal Code. These remedies include filing criminal charges with Ihc District Auorncy's Office for a misdemeanor which could card a fine of $1.000 for each day your business is in violation. Your l)rompt atlCnlitm to Illis matter is greatly appreciated. DAB/dah Jan)cs L. .Mz, rkman, City Attorney Robert C. Dominguez, AdminiMralivc Services Director Brt. cc Zci.er. Police Chief Brad Bullet. CiD Planner vc-:~c '~.:cmongo .23, ¢1 March 28, 1994 Mr. Duane A. Baker Assistant to the City Manager City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 -- RECEIVED CITY OF RANCt.;,-~ ~UCAMONGA MAR 3 0 199,1 Dear Mr. Baker: This letter shall confirm receipt of your correspondence dated March 1, 1994 wherein you notified the undersigned that my establishment was in violation of Section 9.24.020 of the Rancho Cucamonga Municipal Code. In response to the allegation, I hereby, unequivocally state that, at no time, has the services offered at the 'Lilly Pad" fallen within the parameters of a 'massage establishment' as defined in Section 9.24.010(s) of the Rancho Cucamonga Municipal Code. Said section provides: ARTICLE I. MASSAGE ESTABLISHMENTS 9.24.010 Definitions. Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter: 1. 'Director' means the administrative services director of the city, or his or her designee. 2. "Employee' means any and all persons, other than a massage technician, who may render any service to the permittee, and who receives compensation from the permittee or his or her agent, and who have no physical contact with the customers or clients. 3. 'Hearing officer' means the city manager, or his or her designee. 4. 'Massage' means any method of treating the external parts of the human body for remedial, health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the human body with the hands or other parts of the human body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations. Mr. Duane A. Baker Page 2 5. 'Massage establishment' means any establishment having a fixed place of business where any person, firm, association, partnership or corporation engages in conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of giving massages, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. 6. 'Massage technician' includes a 'massage technician,' 'massage trainee,' 'masseur,' 'masseuse,' and means any person who administers to another person, for any form of consideration, 'massage' as defined, or baths, manipulation of the body, electric massage procedure, or similar procedure. 7. 'Out call massage service' means any business where the primary function of such business is to engage in or carry on massage, not at a fixed location but at a location designed by the customer or client. 8. 'Permittee' means any person, firm, partnership or corporation having a permit issued hereunder. 9. 'Recognized school of massage' means any school or institution of learning which teaches the theory, ethics, practice, profession, or work of massage, which has been approved pursuant to the California Education Code. A school offering a correspondence course not requiring attendance shall not be deemed a "recognized school.' The city shall have the right to confirm that the applicant has actually attended class in a recognized school of massage. (Ord. 485 §1 (part), 1992). The "Lilly Pad' has never performed the services delineated in the above-mentioned section. In fact, the 'Lilly Pad' does not have the equipment necessary to engage in providing 'massage services.' The Lilly Pad is merely a 'Stress Reduction Clinic.' The Lilly Pad does not offer massage. In fact, there is a sign located in the lobby which clearly states, 'This is not a licensed massage facility.' Additionally, I have placed sign in the employee's lounge wherein it states that any employee who offers massage to a customer constitutes grounds for automatic termination. Moreover, since receiving your correspondence, I have spent more time at the facility, directly supervising the employees to ensure that the only services that are offered to potential customers are those services that provide stress reduction. Accordingly, I vehemently deny any implication of your correspondence that purports to notify the undersigned that my establishment is in violation of the Rancho Cucamonga Municipal Code. As I have explained to you, the services offered at the 'Lilly Pad' do not fall within the description of a 'Massage Establishment' as defined in Section 9.24.010 of the Rancho Cucamonga Municipal Code. Accordingly, it is my contention that the Code Section in said letter accuses me of violating, more specifically, Section 9.24.020, is not relevant to the matter. Mr. Duane A. Baker Page 3 Based upon the foregoing, the undersigned categorically denies the accusation of your correspondence. However, t am certainly willing to cooperate with any questions about my establishment that you may have. Moreover, if you wish to conduct an investigation of the premises, I would be more than happy to accommodate any such request. I am willing to cooperate with any investigation that you may have and I stand willing to assist you in any manner. Very truly yours, Debra Hildenbrand The Lilly Pad 8645 Haven Ave., Suite 550 Rancho Cucamonga, CA 91730 CC: James L. Markman, City Attorney Robert C. Dominguez, Administrtive Services Director Bruce Zeiner, Police Chief Brad 8uller, City Planner DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA - November 10, 1993 Chairman and Members of the Planning Commission STAFF REPORT Brad Buller, City Planner Scott Murphy, Associate Planner CONDITIONAL USE PERMIT 93-45 - HILDENBRAND - A request to establish a stress reduction clinic within an existing industrial complex in the Industrial Park designation (Subarea 6) of the Industrial Area Specific Plan, located at 8645 Haven Avenue, Suite 550 - APN: 209-144-54. PROJECT AND SITE DESCRIPTION: ae Site Characteristics: The eastern portion of the site is developed with a multi-tenant industrial complex containing a variety of users. The western portion of the site, along Haven Avenue, and the parcel to the north are vacant. The property to the south and east are developed with industrial buildings. B. Parking Calculations: NumBer of Nnmher of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Medical 3,139 1 space/ 16 16 200 sq. ft. Multi-tenant 41,313 1 space/ 103 118 400 sq. ft. Total 44,452 119 134 ANALYSIS: General: The applicant is proposing to operate a stress reduction clinic within the multi-tenant industrial complex. The use will consist of various rooms to perform different methods of relaxation therapy and stress reduction. A "weightless" room will provide a large trampoline where clients will lay in total darkness, giving the feeling of weightlesshess. The isolation room will provide a small pool filled with salt-dense water to be maintained at room temperature. The only light in the room will be small lights to identify the location of the pool. With the lights turned off and no other sensory stimulation (e.g., sounds, PLANNING COMMISSION [-~F REPORT CUP 93-45 - HILDENBRAND November 10, 1993 Page 2 smells, etc.), the body will experience complete sensory deprivation. The two rage rooms will consist of padded rooms where clients can release their emotions. The 6 inches of padding on the walls, floo~ and ceiling will protect the clients and insulate the room to prevent noise from affecting others. The stretching room will consist of a chiropractic stretching table. With the exception of the isolation room, music, aromas, and/or mediation tapes can be introduced into the rooms to further assist in stress reduction. In reviewing the application in relation to potential impacts on surrounding uses, staff believes the facility will have little impact on the other uses in the complex. The suite to the south is presently vacant and the suite to the north is occupied by a flooring company. The proposed use will have roughly the same characteristics as a medical office, similar to the chiropractors office existing on the north end of this building. Noise generated from the rooms must be carefully monitored within the clinic in order to avoid disruption to other clients, or other businesses in the complex. Therefore, staff anticipates no adverse effects on the adjacent businesses. Technical Review Committee: As with most Non-Construction Conditional Use Permits, a certain amount of tenant improvement will be required. In this case, however, the proposed use is not an assembly use and, therefore, does not require the more restrictive requirements of the assembly uses (e.g., churches, schools, etc.). The applicant will be required to submit plans for the interior modifications identified on the floor plan to the Building & Safety Division and obtain the necessary permits. Environmental Assessment: Staff has reviewed the application and determined that the proposed project does not have the potential for causing significant effects on the environment. Therefore, staff has determined the project to be exempt from CEQA under Section 15061(b)(3). RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit 93-45 through adoption of the attached Resolution. BB:SM:mlg Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Location Plan Exhibit "C" - Site Plan Exhibit "D" - Floor Plan Resolution of Approval City Of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 September 21, 1993 Debra Hildenbrand 4305 E. 3rd. Street Long Beach, CA 90814 To Whom It May Concern= Planning Commission= The proposed use for the project at 8645 Haven Avenue, Suite 550, Rancho Cucamonga, 91730, is for The Lilly Pad, a stress-reduction clinic. The land use designation is currently listed as industrial park and is located in subarea 6. At this time, I would like the committee to consider granting a conditional use permit, as I believe my business will be a benefit to the community. The proposed project will include a lounge, lobby/reception and storage areas, rest rooms, an isolation room, a #weightless" room, two rage rooms and a stretching room. In the rooms, stress reduction techniques will be applied singly or in combination. These will include light therapy, aromatherapy, relaxation breathing exercises, and sensory deprivation. The hours of operation will be 9=00 A.M. to 8=00 P.M., Monday through Saturday. There will be two employees per six-hour shift. Shifts will run from 8=30 to 2=30, and 2530 to 8530. Employees will collect monies, show customers to rooms of their choice, instruct customers in relaxation techniques, and monitor customers progress. Other light duties include answering the phone, filing customer intake forms, scheduling appointments, and light room maintenance (cleaning). Fees are: I30.00 per half hour session in one room. $40.00 combination special. (Use of two rooms during half hour). $15.00 executive lunch special. (15 minutes in rage room) My reasons for requesting the C.U.P. at this particular location are as follows: Haven avenue provides drive-by advertising and a well-known address for easy accessibility and directions. Nearby Foothill Boulevard and Arrow Highway offer easy accessibility and directions as well. The area to the North offers a growing business and professional community. The area to the South includes the Ontario airport, which I hope will provide out of town travellers and business professionals. It is close to the 10 freeway, but far enough away from traffic to provide a reasonably quiet environment. I was able to find low rates per square foot. And finally, the unit itself is idea1 for my purposes for several reasons. I needed enough room for several cubicles. Each cubicle must be reasonably spacious to allow for maximum relaxation. The unit has mens' and womens' restrooms, adequate storage space, unencumbered parking, space for a large lobby and lounge, and a built-in speaker system that will allow for piped-in relaxing music and meditation tapes. I thank you for taking this matter under consideration and hope to do business long-term in your community. Date: O , ~l,.,) Lq,,~ Signature Debra Hil~'nbrand -- Title: Applicant/owner ~j S,XT~ ST II L JERSEY BLVD FOOTHILL AVE STANDARD OFFICE' LEASE 1 ,001 SF UTICA AVE 30' 30' 2~ 30' 30' 1,723 1,723 2,138 1,723 1,723 1,001 SF SF SF SF SF SF ~ ~ ~ / / AVAILABLE UNITS HAVEN AVE Z LM LEASED I f I RESOLUTION NO. 93-96 A P. ESOLUTION OF T~E PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERNIT NO. 93-45, A REQUEST TO ESTABLISH A STRESS REDUCTION CLINIC WITHIN AN EXISTING INDUSTRIAL COMPLEX IN THE INDUSTRIAL PA~ DESIGNATION (SUBAREA 6) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 8645 HAVEN AVENUE, SUITE 550, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-144-54. A. Recitals. 1. Debra Hildenbrand has filed an application for the issuance of Conditional Use Permit No. 93-45, 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 loth day of November 1993, the Planning Co~ission of the City of Rancho Cucamonge 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 Commilsion hereby specifically finds that &11 of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Co,~ission during the above-referenced public hearing on November 10, 1993, including written and oral staff reports, together with public testimony, this Commission hereby s~ecifically finds as follows= a. The application applies to proper~y located on the east side of Haven Avenue, at 8645 Haven Avenue, Suite $50, which is presently partially developed with a multi-tenant industrial park; and b. The proper~y to the north of the mubJect site is designated industrial uses and is vacant, the property to the south is designated for industrial uses and is developed with a warehouse/manufacturing building, the property to the east is designated for industrial uses and is developed with a warehouse/manufacturing building, and the proper~y to the west is designated for industrial uses and is vacant; and c. The establishment of the Stress Reduction Clinic is consistent with the Industrial Park designation of the Industrial Area Specific Plan and the Industrial Park designation of the General Plan; and PLANNING COMMISSION P-~OLUTION NO. CUP 93-45 - HILDENB~ November 10, 1993 Page 2 93-96 d. The application, with the attached conditions of approval, will comply with all applicable standards of the Development Code; and e. The Stress Reduction Clinic will utilize various stress reduction techniques including light therapy, aroma therapy, relaxation breathing exercisel, stretching, and lenssty deprivation. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. That the proposed use complies with each of the applicable provisions of the Development Code. 4. Pursuant to State CEQA Guidelines, it has been determined that the proposed project does not have the .potential for causing significant effects on the environment. The project has been determined to be exempt from CEQA pursuant to Section 15061(b)(3). The Planning Commission, having final approval over this projec=, has reviewed and considered this exemption, including the comments received during the public review process, prior to the approval of this project. 5. Based upon the findings and conclusions set fo~h in paragraphs 1, 2, 3, and 4 above, this Co~nission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannina Division 1) 2) Approval of this request sh&11 not waive compliance with all sections of the Industrial Area Specific Plan and all other City ordinances. If operation of the facility causes adverse effects upon adjacent bullhellas or operations, including, but not limited to, noise, vibration or parking, the Conditional Use Permit shall be brought before the Planning Co~mission for consideration and possible termination of the use. 3) Any signs proposed for the facility shall be designed in conformance with the Uniform Sign Program for the Haven Tach Center and the PLANNING COMMISSION ~-~OLUTION NO. CUP 93-45 - HILDENB~ m November 10, 1993 Page 3 Comprehensive Sign Ordinance and shall require review and approval by =he Planning Division prior to installation. 4) The applicant shall obtain and maintain a valid Business License. s) The two rage rooms shall be soundproofed to comply with the Class A performance standards of the Industrial Area Specific Plan to the satisfaction of the City Planner pursuant to an inspection. 6) The use shall be operated as not to generate vibration discernible without instruments by the average person on the property or within an adjoining lease space. 7) S) No massage, as defined by the Rancho Cuc&monga Municipal Code, is permitted by this permit. No adult business, as defined by the Rancho Cucamonga Municipal Code, is permitted by this permit. 9) Any expansion of thii use shall require modification of this permit. 6. The Secretary to this Coe~nission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1993. PLANNING COMM~SION OF THE CITY OF ~ANCHO CUCAMONGA I, Brad Bullet, Secretary of the Planning Cosmission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and &dol~ced by the Planning C--tssion of the City of Rancho Cuc~monga, at a regular meeting of the Planning Cc~maission held on the 10th day of November 1993, by the following vote-to-wit= AYES: COMMISSIONERS= CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS Those items checked are Condil~orm of Approval. APPUCANT SHALL CONTACT THE PLANNING DIVISION, (714) ~e8-1~1, FOR COMPUANCE WITH THE FOLLOWING CONDITIONS: A. Time Umltl r-, -, · / 1. AIX)mvml shall expire, un~ extended by the ~ ~, II I~ilding pefmlts are ---/ rio{ i~lUld or Ippfovld ull Illl riot m,, .,~lr; I cl wII11;I 24 2. Devetolx~nt/D~ignRev~wttmllbelRx~wecl~l~ / I _._/ 3. Apl;XOv~J of Tentative TrlcINo. ilgrlnlldiubH~lOthe II;qCN~WiO( 4. Thl dlV~Opor II'ml cofimificl, plftlciplll Ill, Irld ~oriluffrrlt or cIJII Io bl ;ommlncld, porticipited in, or cQnlunmltld, I MII~ rto01 camfftlnlly Fldllas Dilldot (CFD) for the Rancho Cucamonga Fire PmlecIIon C)MI~ to finan~ 4:efiitnJ~i~ Incl/~ mainlenance o! afire station to #rim tim dlvl~=p ,~I.L 17it liltlOft I~11N rio IO(Itld, dllionld, Ifid Iooilt to District, property upon oG,,v~.tCon. The ~'k ,.,.d shel be selected by the Olstdct in ac, c~rdarce wlih ill freiall. Inlny txJid~ of i liltion, the dlVlIcplr Ihllcomi:dY with nil =q~:~r~ ~wl Ir~ ~ The CFD Ihel bl Iorm~ ~ythe ~ Incl the devllo~r by the time ri;o,~ o Prior to ricohJOri1 01 thl Ik111 mlp or tfll ~ 01 ~ pl~, wh~hevlr Corals first. the Ip~ic,l~l Ihll ~ tO, or ~ in, 1hi ~ Og · MllP~-rloos Communily FIC~I~I D~M~I I~ Iht~=~llNcl~Nll~lml~llnlr~;t~l nlCllli~SCh0Oi facait~as. However, if any school allsider haspmvk)uSk/~ suchaCommufatY Fac~l~ O~l~k=. the ~ I/IM. in the Ilorrt~11~. COm4fi~ 10 Ihe I~n~xltion o( the pm~ect site ~o the torrb~/~ m~h ~t~g Dt~ ~rt~the rl=o.,' '~2n olthe finllmap or the ~suance ol bu~c~ng ~rnl~, w~k~evor minas firl. Furliar, I the ~11ect~ ~,hool d~tr~t haS nol lornrod a Mdo-R~x~$ Commune/FIc~I~ ~ wtNn twelve m~11~ from the c~te o! al~mv~l o~ the IXO~cl an~ ~ to the rK~x~ttkm ol the f~mi m~ or ~suance of ~u~ng pef~tS k~r ~a~ pm~ct. th~ mr~l~m ~M he deem~ nul ~ vod. This condition shall be waive~ if Ihe City receives notice !hat the applicant ar~l all afiecle<l scftool districts have emerecl into an agreement to pdvately a,~__~mrnc~ate any ar,~ all scl'd3ol iml~$ ~ a result of thi~ p~oj~ct. 6. Prior to recordation of the final ma~ or prior to issuance of building permits when no map is involved, written certification from the affected water distdct that m:~e<luate sewer and water facilities am or will be available to serve the ~ project styall be submitte~ to the Department of Community Development. Such letter must I~ave been issued by the water clistrict within 90 clays prior to final map approvil in the case of $ulxlivision or it)hot to issuance of permits in the case ol all other resident~ projects. O. Slt~ Development 1. The site shall be c:levelopecl and rnaintainecI in ac~.,GKilnce with the al:Gfove~ plans which i .r~.i_,cM Site plan~, architectural elevations, extl~or material8 and coiorl, lindscal~ng, sign program, am gra~Ing on file in the Planning DIvision, the cxmcliUons cor~inecl herein, Development Co~e regulmions, and Specific Plan ~ Planned Community. 2. Prior to any use of the project site or I;usine~ acilvity being commenced thereon, all __../ Conditions of Approval shall be comp4eted to the s~MmclJon of the City Plamm~. 3. (:~ncyofthefacilityshafinotcommenceurlila~chtim~a~allUnilom~i~~ .__./ State Fire Marslllll*s regullttotm have been (:x)m~im:l with. Prk~ to ~, ~ shall be submitted to the Rancho Cuclmongl Fire Protection Dtmr~ and the Buiding 8rid Safety Division to show com~. The building ~ bl inlp~l~d fo~ compliance I~ior to ~ 4. Revised site plans and 13uik;ling 01tvltiorll ~rllirlg II CortolttOltl ol Ap~;~;wll $h~11 I;)e .~ . submitted for City Planner review ~ ;N~11 I~ to ~ of buik:ling I~. 5. Allsite, grading, landscape, lfTigation, and~tmmi,,~,,ve.,~e,'dplaneshallbecoo~clinatedfor .~/ consistencypriortoissuanceof any penal (lU~ al grldlng, lme removml, encroachment, building, etc.), or p~r to final map approval in the ca~ el a cu~em k~ sul~lvi~n, or a~DrOVlCI use I~s COi,.,.Itl~ld, wNchevw com~ firIt. AlXm:w=l °t ~is reClUell shill r~l WliVl ;C"'"'~-~ I wfih III IlCl]Onl Ot tht Devel°l:)ment ._/ . Plans in effect at the tirol of 9uikling Plfmll __/ / 2191 8. If no cefitraJizlcI trash moeptacl~ am provided, all traeh I=k:k-up ~ be fo~ indivtduaJ units with all recel=tacle~ shi~4cil<i from pulpit view. 9. Trash receplacle(S) are required Ind ~ ~ Cily I~ndlrdl. Tl'm final design, locatiotin, andth~nurnl~oftra~h racl..!a:~l ~llllmlul)ll~to CIlyPllnn~ mvilwaf~lal~xoval ~ 10. AN groun~-mount~l utilily apputtenanc~ such 18 trlnMom~fl, AC ~len~m, etc., shall be located out of pul~ic view and adequately scrlenl<l tl~x~g~ tile use ot a con'~ination of concrete or masons/walls, I~erming, an(t~ lancllc,~:~ Io tl~ satislaction of the City Planner. ~ '1 ~7 __/ / DATE FROM TO INTEROFFICE MEMO May 25, 1994 PHONE H. W. Lorett, Sergeant MAIL CODE Rancho Cucamonga Police Department Bruce Zeiner, Captain Rancho Cucamonga Police Department SUBJECT BUSINESS INVESTIGATION OF "LILY PAD", 8645 Haven On 5/4/94, Detective $caturro, along with officers from the Vice Detail conducted an investigation in reference to information received that massage and prostitution was taking place at the "Lily Pad" in Rancho Cucamonga. The information came to our office by way of WeTip , as well as individual informants. With this information, an undercover operator was sent to the business, identified as "The Lily Pad", at 8645 Haven, Suite 550. The undercover operator was offered a massage and sex for money at "The Lily Pad". During a search of "The Lily Pad", a large supply of condoms were found, also indicating ongoing prostitution activity. BZ/HWL:la ;, _,, ,,. ~,.r,_. _, . rOKE TO: F..1. Xr?D DArE ,'.:ALLErs; :I _;,?,,'£_.'~.9~ TIME: SECON2 AGENCY:/_-~E.,ff©,'SS,_ci' CiTY: SPOHE TO: SATE CALLEO: TI~E: FAX~: PH:3NE~: DATE 5'AT{ ;t: ?HONE~: ST: DArE FAKEP SEX cRiMES CRIME = -' DAT:..: CRIME TIME: ADDRESS: 8545 HAVEN/'~FE C'OUNTY: ."_'.'AN ~ ER.¥ARUiNS 'CITY · , ,r .... R.- ....S( CUCRJ{©NGA DRUG TYPE: o~-e,==mm ~1: ..... ~ FiRST:ROBIt,i r: :~-- NA~.~,..~. {iNK AKA: UNK PH ~':,.E ~: STREET: t?/f[ C'OUNTY: S l: Z 'i ~: AGE: 9 SEX: F ~'2E:W gOB: EiR:O~K HAIR: WGT:115 Hi:T: ~ ~ _,'a~.~:Y ~'" .... · ',-~'r- ,, .....uu~ ~" SLit4 APPR/TAFT.LU_ -~UTTERFSY C?: THIG:4 %;C~VS: PROSTii"b'TE ~' !lie ..... uA_ . ... .b_=:.: : PRIOR A.~R ~.~ ..... : , -~u-'-, 'OF "~ " ........ .0- .....,u C~ERATiON/SPE.i.-A_ TNST~'r':'T-CN EXT-¥/ "~< PER ."~'~","'-~ra~Tn A BUSINESS ~%%~MED "THE LILY PAR" AT AB.~VE '"': '" A/SL R ~.,..,_. ' =' ""-' ..... ,~=e,v.- STR£SS" WHEN A,...~[.A_~ 12 kEPORTEI'~ TO £E .~*.EV=R.~-ozt~G Tb.S-IT THEi' CAN ...... ~','7 --' r '' :.., v~x -~,R PRCSFTTUFiON/THE r~' ~' ' ' - ,_~-~,~, ELiTE,=S IHE i,O'Te: BELIEVING ='w~= PIE '- ~;JA= BACK P~S'aAGE FOR $15 FOR lff M!N.,"AFTER THE PROSTrFUTE ~.,EFe,~zN=a ';iiENF 2'< NOT AN ULCERCOVER OFFIC.E.~, THE '~ ......... OFFERER O~%L SEX FC.i = ............ ~"' $SO FEE/'"SAFE SIX" ,.~_~ .... SEX ACT/ WITIf " ..... ~:,~.=~ ..... : PIlE .a, :~.~m .... " FOR FEE ,')F $20u, 0~%1~ LEN~,H 0~' T.?.IE,"A u~rr,.r=m~:' 2 BLONDES, i BLK FE~=.= A~.5 - =' '- ............ ~"~ o~Oq,~r',r,~q A=;. APPEAR Zi mE C'N .~PE~=,' ~N ALA.~:, " .rR~,z ........ =o IF A ........... ..,,.~zR~wvE,x cFz~'...cR iiAS EN~=D THE S US i NE S S / NF .iAT~C-S: N,.,'A METHOD UE~iiLE Y&K~: MODEL; YEAR:OWE :LICENSE: ]i~S: WHERE: lOGS: WHEPE: STATE: '2OLC:R: iNF W!:.L CAi,L BACK: i' CALL.T2 EEPORE:L? REFFRR.AL NO; REWARD: Y