HomeMy WebLinkAbout1994/06/08 - Agenda Packet0 0
1977
CITY OF
RANCHO CUCA~
PLANNING COMMISSION
AGENDA
WEDNESDAY
JUNE 8, 1994
7:00 P.M.
I~NCHO CUCI~IONGA CIVIC CENTER
COUNCIL CH~IBER
10500 CIVIC CENTER DRIVE
RANCHO CUCAHONGA, CALIFORNIA
III.
IV.
Pledge of Allegiance
Roll Call
Chairman Barker
Vice Chairman McNiel
Commissioner Lumpp
Commissioner Melcher
Commissioner Tolstoy
Announcements
Approval of Minutes
May. 11, 1994
V. Consent Calendar
The following Consent Calendar items are expected
to be routine and non-controversial. They will be
acted on by the Commission at one time without
discussion. If anyone has concern over any item,
it should be removed for discussion.
ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW
94-06 - MISSION FOODS - A request to construct
a 300,000 square foot industrial building on
18.65 acres of land in the Minimum Impact Heavy
Industrial Designation (Subarea 9) of the
Industrial Area Specific Plan, located on the
south side of Jersey Boulevard, east of
Milliken Avenue - APN: 229-111-48 and 49.
Staff recommends issuance of a Negative
Declaration.
VI. Public Hearings
The following items are public hearings in which
concerned individuals may voice their opinion of
the related project. Please wait to be recognized
by the chairman and address the Commission by
stating your name and address. All such opinions
shall be limited to 5 minutes per individual for
each project. Please sign in after speaking.
Be
CONDITIONAL USE PERMIT 94-08 - SANCHEZ (BABE'S
CLUB 66) - A request to establish a night club
and sports bar, including entertainment,
amusement devices (video/arcade games), and the
on-site consumption of alcoholic beverages,
within an existing building in the Community
Commercial Designation (Subarea 3) of the
Foothill Boulevard Specific Plan, located on
the north side of Foothill Boulevard, east of
Hermosa Avenue - APN: 1077-601-07 and 08.
Related file: Entertainment Permit 94-01.
Ce
ENTERTAINMENT PERMIT 94-01 - SANCHEZ (BABE'S
CLUB 66) A request to allow entertainment
including, but not limited to, live bands, a
disc jockey, karaoke, celebrity appearances,
and comedy nights, in conjunction with a night
club and sports bar in the Community Commercial
Designation (Subarea 3) of the Foothill
Boulevard Specific Plan, located on the north
side of Foothill Boulevard, east of Hermosa
Avenue - APN: 1077-601-07 and 08. Related
file: Conditional Use Permit 94-08.
VARIANCE 94-03 - RITTENHOUSE - A request to
reduce the amount of common open space from 35
percent to approximately 25 percent for a
proposed 20-unit residential detached
condominium project on 3.0 acres of land in
the Medium Residential Development District
(8-14 dwelling units per acre), located on the
north side of Base Line Road, west of Alta
Cuesta Drive - APN: 202-025-01, 04, 07, and
08. Related file: Tentative Tract 14208.
Ee
ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT
14208 - RITTENHOUSE - The proposed development
of a 20-unit residential detached condominium
project on 3.0 acres of land in the Medium
Residential Development District (8-14 dwelling
units per acre), located on the north side of
Base Line Road, west of Alta Cuesta Drive -
APN: 202-025-01, 04, 07, and 08. Staff
recommends issuance of a Negative
Declaration. Related file: Variance 94-03.
He
CONDITIONAL USE PERMIT 94-14 - MR. C'S PIZZA -
A request to expand an existing pizza parlor
with additional dining tables, pool tables, and
a game arcade into an adjoining vacant suite of
1,991 square feet in the Village Commercial
District of the Victoria Community Plan,
located at 7270 Victoria Park Lane, Suite 2E -
APN: 227-111-41.
DEVELOPMENT CODE AMENDMENT 94-02 - CITY OF
RANCHO CUCAMONGA - A request for various
streamlining amendments to the development/
design review procedures and land use
regulations.
INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-03 -
CITY OF RANCHO CUCAMONGA - A request to amend
the Land Use Types, Land Use Type Definitions,
and the permitted and conditionally permitted
uses of various subareas.
FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT
94-01 - CITY OF RANCHO CUCAMONGA - A request to
amend the Land Use Regulations for Subarea 1,
2, 3, and 4 regarding permitted and
conditionally permitted uses.
ETIWANDA SPECIFIC PLAN AMENDMENT 94-01 - CITY
OF RANCHO CUCAMONGA - A request to amend the
Land Use Provisions regarding permitted and
conditionally permitted uses for office and
Commercial Districts.
No
ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 94-01 -
CITY OF RANCHO CUCAMONGA - A request to amend
the permitted and conditionally permitted uses
within the Neighborhood Commercial District.
VICTORIA COMMUNITY PLAN AMENDMENT 94-01 - CITY
OF RANCHO CUCAMONGA - A request to amend the
permitted and conditionally permitted uses
within the Office and Commercial areas.
TERRA VISTA COMMUNITY PLAN AMENDMENT 94-02 -
CITY OF RANCHO CUCAMONGA - A request to amend
the permitted and conditionally permitted uses
within the office and Commercial areas.
SUBDIVISION ORDINANCE AMENDMENT 94-01 - CITY OF
RANCHO CUCAMONGA - A request to amend the time
extension provisions.
VII. Old Business
CONDITIONAL USE PERMIT 90-37 - FOOTHILL
MARKETPLACE PARTNERS - Review of pylon
sign design for Foothill Marketplace, a
commercial/retail center located on the south
side of Foothill Boulevard between 1-15 and
Etiwanda Avenue - APN: 229-031-41.
CONDITIONAL USE PERMIT 93-17 - SHEPHERD OF THE
HILLS LUTHERAN CHURCH - A proposed modification
to the approved plans for a wall in conjunction
with an expansion of an existing church located
at 6080 Haven Avenue.
New Business
MINOR EXCEPTION 94-03 - FORNAL - An appeal
of the City Planner's decision to deny a
lattice fence extension of 18 inches on the
north and east sides and 24 inches on the west
side of 11226 Terra Vista Parkway, #58 -
'APN: 1077-673-22.
IX. Public Comments
Xe
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
CITY HALL
CITY OF
RANCHO CUCAMONGA
DATE:
TO:
FROM:
BY:
SUBJECT:
June 8, 1994
CITY OF RANCHO CUCAMONGA -
STAFF REPORT
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Scott Murphy, Associate Planner
ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW 94-06 - MISSION
FOODS - A request to construct a 300,000 square foot industrial
building on 18.65 acres of land in the Minimum Impact Heavy
Industrial Designation (Subarea 9) of the Industrial Area Specific
Plan, located on the south side of Jersey Boulevard, east of
Milliken Avenue - APN: 229-11~-48 and 49.
PROJECT AND SITE DESCRIPTION:
South -
East -
West -
Surrounding Land Use and Zoning:
North - Vacant; Industrial Area Specific Plan Subarea 9 (Minimum Impact
Heavy Industrial)
A. T. & S. F. (Metrolink) Railroad; Industrial Area Specific
Plan Subarea 9 (Minimum Impact Heavy Industrial)
Industrial Building; Industrial Area Specific Plan Subarea 9
(Minimum Impact Heavy Industrial)
Industrial Building; Industrial Area Specific Plan Subarea 9
(Minimum Impact Heavy Industrial)
Be
General Plan Designations:
Project Site - Heavy Industrial
North - Heavy Industrial
South - Railroad
East - Heavy Industrial
West - Neavy Industrial
Site Characteristics: The site was previously rough-graded during the
construction of Phase 1 of the Rancho Cucamonga Distribution Center II.
All street improvements were installed with Phase 1. The project will
share a common driveway with the property to the west. A rail spur exists
at the southern portion of the site.
ITEM A
PLANNING CO~4ISSION STAFF REPORT
DR 94-06 - MISSION FOODS
June 8, 1994
Page 2
D. Parking Calculations:
Number of Number of
Type Square Parking Spaces Spaces
of Use Footage Ratio Required Provided
Office 16,000 1 space/250 sq.ft. 64 64
Manufacturing 134,000 1 space/500 sq.ft. 268 341
Warehouse 20,000 1 space/1,000 sq. ft. 20 20
20,000 1 space/2,000 sq. ft. ~0 10
1~0,000 ~ space/4,000 sq. ft. 28 28
TOTA~
ANALYSIS:
300,000 390 463
General: The applicant is proposing to construct a 300,000 square foot
industrial building to be used in the processing of tortillas and tortilla
products (e.g. chips, tostadas). The facility is designed with the truck
access provided on the west side through a shared driveway. The main
visitor/office entry is located at the central drive approach off Jersey
Boulevard. The easterly drive approach will provide access to the main
employee parking area. A new rail spur will be constructed to receive
cornmeal shipments. Storage silos, up to 60 feet in height, will be
provided along the east and south sides of the building for the storage of
flour and cornmeal. Truck docks are proposed along the west side of the
building. Truck parking is provided along the west and south sides of the
site.
Design Review Comittee: The Design Review Comittee (Melcher, Tolstoy,
Coleman) reviewed the application o~ May 17, ~994. The Co~ittee felt
that the ~vement, massing, and expression of form provided with the
building adequately addressed the intent of the Planning Co~nission's
policy requiring the use of two primary building materials; the
introduction of a second primary material was not required. The Con~nittee
did reco~end the installation of landscaping along the southern portion
of the site to soften the impacts from the Metrolink rail line and to
address Industrial Area Specific Plan Code requirements. The landscaping
may be provided in clusters/groupings and should be reviewed by the City
Planner prior to final approval.
Environmental Assessment: Staff has completed Part II of the Initial
Study and determined that the project will not have a significant impact
on the environment. The traffic anticipated with the proposed industrial
building is consistent with the assumptions made for the City's traffic
study for which the road designs are based. The only sewer discharge from
the facility will be from the sanitation of the equipment within the
facility and normal domestic discharge; other ingredients used are
absorbed into the product. This discharge can be handled through the use
of clarifiers and grease traps prior to entry into the sanitary sewer
system. The ovens used by the applicant are under two million BTU and do
not require permits from the South Coast Air Q~ality Management District.
PLANNING COMMISSION STAFF REPORT
DR 94-06 - MISSION FOODS
June 8, 1994
Page 3
RECOMMENDATION: Staff recor~nends
Negative Declaration for the project.
City Planner approval.
that the Planning Commission issue a
The project will then be submitted for
City Planner
BB:SM:sp
Attachments:
Exhibit "A" - Site Utilization Map
Exhibit "B" - Site Plan
Exhibit "C" - Landscape Plan
Exhibit "D" - Building Elevations
Exhibit "E" - Grading Plan
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DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
June 8, 1994
Chairman and Members of the Planning Co~nission
Brad Bullet, City Planner
Scott Murphy, Associate Planner
CONDITIONAL USE PERMIT 94-08 - SANCHEZ (BABE'S CLUB 66) - A request
to establish a night club and sports bar, including entertainment,
amusement devices (video/arcade ga~es), and the on-site consumption
of alcoholic beverages, within an existing building in the
Community Commercial Designation (Subarea 3) of the Foothill
Boulevard Specific Plan, lodated on the north side of Foothill
Boulevard, east of Hermosa Avenue - APN: 1077-601-07 and 08.
Related file: Entertainment Permit 94-01.
ENTERTAINMENT PERMIT 94-01 - SANCHEZ (BABE'S CLUB 66) A request to
allow entertainment including, but not limited to, live bands, a
disc jockey, karaoke, celebrity appearances, and comedy nights, in
conjunction with a night club and sports bar in the Community
Co~nercial Designation (Subarea 3) of the Foothill Boulevard
Specific Plan, located on the north side of Foothill Boulevard,
east of Hermosa Avenue - APN: 1077-601-07 and 08. Related file:
Conditional Use Permit 94-08.
PROJECT AND SITE DESCRIPTION:
ae
Surrounding Land Use and Zoning:
North - Vacant; Community Commercial, Foothill Boulevard Specific Plan
(Subarea 3)
South - Restsurant; Community Commercial, Foothill Boulevard Specific
Plan (Subarea 3)
East - Office; Community Commercial, Foothill Boulevard Specific Plan
(Subarea 3)
West - Motel and convenience market; Community Commercial, Foothill
Boulevard Specific Plan (Subarea 3)
General Plan Designations:
Project Site - Commercial
North - Commercial
South - Commercial
East - Commercial
West - Commercial
Site Characteristics: The site is presently developed with a 7,930 square
foot building and a paved parking area. Landscaping exists adjacent to
the building in raised planters.
ITS~iS B & C
PLANNING COMMISSION STAFF REPORT
CUP 94-08 & EP 94-01 - SANCHEZ
June 8, 1994
Page 2
D. Parking Calculations:
Type Square
of Use Footage
Restaurant/Night Club 6,000
TOTAL
ANALYSIS:
Number of Number of
Parking Spaces Spaces
Ratio Required Provided
1 space/ 60 60
100 sq. ft.
1,930 I space/ 35 67
55 sq. ft.
7,930 95 127
General: The applicant is proposing to use a vacant building as a night
club and sports bar. This building was the site of the original "Club 66"
night club that operated in the City for 13 years. After "Club 66" ceased
operation, another nightclub, "The Peppermint Elephant," used the facility
until about 1986.
The applicant is proposing to use the southerly 5,430 square feet as a
night club, including a dance floor, and the northerly 2,200 square feet
as a sports bar (see Exhibit "D#). In conjunction with the night club and
sports bar, the applicant is proposing a variety of entertainment uses
including live bands, a disc jockey, karaoke, celebrity appearances, and
comedy nights. The applicant has also indicated a desire to conduct pool
tournaments during the afternoon hours. A complete breakdown of the
entertainment proposed is contained in the Entertainment Permit
application attached as Exhibit #F." As indicated on the floor plan, the
building's existing kitchen ie proposed to be removed; hence all food will
be catered or prepackaged items prepared off site.
With the establishment of the use, the applicant is proposing to bring the
site up to current Code requirements. Additional parking will be provided
at the rear of the site. Landscaping will be provided across the front of
the building, along the west side of the building, within the new parking
area, and around the perimeter of the new parking area. Also, the
applicant is proposing to resurface the existing parking area, both for
the night club and the motel/convenience market. Lighting will be
provided along the building and in the parking area. A photometric plan
has been submitted to staff demonstrating proper illumination of the site.
Neighborhood Compatibility: In evaluating the request to establish a
night club at this location, staff is concerned with the compatibility of
the use with the eurrounding area. The property to the west contains a
motel and a convenience market. While most motel, operate on a night-to-
night arrangement, the motel actually functions more like an apartment
PLANNING CO~4ISSION STAFF REPORT
CUP 94-08 & EP 94-01 - SANCHEZ
June 8, 1994
Page 3
complex with month-to-month rentals. Essentially, the adjoining property
is residential in nature. As witnessed with previous entertainment uses,
bars/clubs in close proximity to residential uses have created noise
problems for the neighborhood. Complaints have ste~med from the noise
generated from the building as well as noise and other nuisances generated
in the parking area. In most instances, these complaints are received
even though there is landscaping and screen walls separating the two
uses. In this situation, no such buffering exists. A paved parking area
is all that exists between the motel and the proposed night club/sports
bar. This will allow headlights to shine into the motel. In order to
provide buffering between the uses, staff has included a condition
requiring the installation of a landscape planter between the sites.
In addition to the concerns with the residential use, staff is also
concerned with the compatibility of the night club with the convenience
market. The convenience market was recently granted approval by the
Planning Comission to sell alcoholic beverages (distilled spirits). With
the proximity of the two uses, staff is concerned that conflicts will
arise from patrons going back and forth between the uses. Prior to going
to the night club, patrons could stop at the convenience market and
purchase their alcoholic beverages. They might consume these in the
parking area before entering the night club. Or the reverse may occur
with people leaving the night club to go to the convenience market. The
landscape planter between the uses will make it easier to regulate flows
between sites. Also, the Police recommend a security guard be stationed
in the parking area after 6 p.m. Staff believes this will minimize the
conflicts between the uses.
Parking Issues: The majority of the parking area is located at the rear
of the building and the main entry to the building is located towards
Foothill Boulevard. Because of the distance between the parking and the
entry, the applicant is proposing to provide valet parking for the
facility. Valet parking will allow the applicant to provide convenience
for their customers and, at the same time, limit the number of people in
the parking area to improve security. While the valet parking does
improve the safety aspect of the project, staff is concerned that the
valet parking will result in cars backed up onto Foothill Boulevard during
peak times or if the valet parking is not operated appropriately. In
order to address this, the drop-off point for vehicles should be
significantly north of the street. The Engineering Division recommends a
75-foot minimum vehicle stacking distance from curb face.
Traffic: The applicant is substantially increasing the parking capacity
of the site. Along with this, there are existing inherent traffic
conflicts because of the close proximity of the site to Hermosa Avenue and
the adjacent use of the convenience store. To mitigate the increased
traffic conflicts, the Engineering Division is conditioning the applicant
to install the median island on Foothill Boulevard. This will prohibit
left turn movements to and from the site, thereby eliminating the primary
traffic conflict. The limits of the median improvements are outlined in
the conditions of approval.
PLANNING COMMISSION STAFF REPORT
CUP 94-08 & EP 94-01 - SANCHEZ
June 8, 1994
Page 4
Security Plan: As part of the application, the applicant has provided a
security plan for the establishment. The applicant proposes to have
security personnel within the building and roaming the parking area
periodically. Additionally, the applicant proposes to use video
monitoring inside and outside the building to assist the security
personnel. The security plan is included as Exhibit "G." The Police
Department has reviewed the plan submitted and determined that security
personnel should be placed in the parking area on a continual basis as
opposed to the periodic basis proposed. The Entertainment Ordinance also
requires a duly licensed and uniformed security guard for the dance floor
area.
Fe
Fire District Review: The Fire Protection District has reviewed the plans
for the night club and has identified numerous items that will have to be
brought up to Code requirements in order to occupy the building. These
items are outlined in Exhibit "H," and required as conditions of approval.
Crime Statistics: Because of the concern over land use compatibility,
staff requested a list of police calls received from the motel and
convenience market. The Police Department has provided a list of
complaints that have been received over the past seven years (see Exhibit
"I"). The majority of the complaints, however, are for petty theft. It
should be noted that the convenience market is under new ownership.
FACTS FOR FINDINGS: In order for the Planning Co~mission to approve the
Conditional Use Permit and the Entertainment Permit, the Commission must be
able to make the followin~ findings:
A. Conditional Use Permit
That the proposed use is in accord with the General Plan, the
objectives of the Development Code and the Foothill Boulevard
Specific Plan, and the purposes of the district in which the site is
located.
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.
3. That the proposed use complies with each of the applicable provisions
of the Development Code and the Foothill Boulevard Specific Plan.
B. Entertainment Permit
That the conduct of the establishment and the granting of the
application would not be contrary to the public health, safety,
morals, or welfare.
That the premises or establishment is not likely to be operated in an
illegal, improper, or disorderly manner.
PLANNING COMMISSION STAFF REPORT
CUP 94-08 & EP 94-01 - SANCHEZ
June 8, 1994
Page 5
That granting the application would not create a public nuisance.
That the applicant, or any other person associated with him as
principal or partner in a position or capacity involving partial or
total control over the conduct of the business for which such permit
is sought to be issued, has not been convicted in any court of
competent jurisdiction of any offense involving the presentation,
exhibition, or performance of any obscene show of any kind or of a
felony or any crime involving the moral turpitude, nor has any
approval, permit, license issued in conjunction with the sale of
alcohol or the provision of entertainment been revoked within the
preceding five years.
That the normal operation of the premises would not interfere with
the peace and quiet of the surrounding residential and commercial
uses.
6. That the applicant has not made any false, misleading, or fraudulent
statement of material fact in the required application.
In reviewing the findings for both the Conditional Use Permit and the
Entertainment Permit, staff believes that the potential incompatibility
between the proposed use and the adjoining use can be mitigated through the
conditions of approval contained in the Resolutions for both the Conditional
Use Permit and Entertainment Permit applications.
RECOMMENDATION: Staff recommends that the Planning Commission approve
Conditional Use Permit 94-08 and Entertainment Permit 94-01 through adoption
of the attached Resolutions.
Respectfully submitted,
City Planner
BB:SM/jfs
Attachments:
Exhibit "A" - Site Utilization Map
Exhibit "B" - Site Plan
Exhibit "C" - Landscape Plan
Exhibit "D" - Floor Plan
Exhibit "E" - Letter from Applicant
Exhibit "F" - Entertainment Permit Application
Exhibit "G" - Security Plan
Exhibit "H" - Fire District Co~ents
Exhibit "I" - Police Department Crime Reports
Exhibit "J" - Letter from Property Owner
Resolution of Approval for CUP 94-08
Resolution of Approval for EP 94-01
VICINITY MAP
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ENTERTAINMENT PERMIT APPLICATION
Applicants for entertainment permits shall complete the following questionaire:
PLEASE PRINT OR TYPE
A. The name and permanent address of applicant:
Permanent Address
B. The name, proposed and current, if any, and business address of the applicant:
....
Name (Current and Proposed)
Business Address
C. A detailed description of the proposed entertainment, including type of
entertainment, and number of~e_e_.r_sons engaged in the entertainment (may a~ach _
D7'. Th-~ di-te or da.y_~week, hours~ location of entertainment (a~'~h fl~lan),
and the admition fee, if any, to be charged:
E. The name(s) of the person(s) responsible for the management or supervision of
applicant's business and of any entertainment:
F. A statement of the nature and character of applicant's business, if any, to be
carried on in conjunction with such entertainment, including whether or not
alcohol will be served as part of such business:
'- - - -c:~_vz~, -%'- ~ --'~_Z2_~- '--~- -~ ~- -, ~&- - ~ 7 -~_~ - c~. -c~ o ~ c,~
G. Whether or not the applicant or any peri, responsible for the managg~ent or
supervision of applicant's business have been, within the previous ten years,
convicted of a crime, the nature of such offense, and the sentence received therefor
inclucling conditions of parole or probation, i/any:
H. Whether or not applicant: has ever had any permit or license issued in
conjunction with the sale of alcohol or provision of entertainment revoked,
including the date thereof and name of the revoking agency:
Any false, misleading or fraudulent statement of material fact in the required
application shall be grounds for denial of the application for an entertainment
permit.
BABE'S CLUB 66
10134 Foothill Blvd.
Rancho Cucamonga, CA 91730
SECURITY SYSTEM
At the front entry we will have one doorman to check ID's
and, one valet to direct parking.
At nightfall until closing, we will have a minimum of one
person at the front entry. During busier times we plan on
more vallets to expedite parking matters.
As we move through the entry, we travel the hallway into the
nightclub. The entire inside of Babe's Club 66 is open and
has no blind spots to obstruct the view. We will use half-
walls or open railings throughout to achieve this.
At the end of the entry hall our second security man will
collect the cover charge, if any, and check for weapons with
a metallic activated wand. Behind him is a camera, that can
be seen by everyone. There's approximately a dozen cameras
inside and outside monitorinG the entire operation.
Hillel Durel is our director in charge of traininG and the
management of our security. He has six years experience in
civilian security and the military. Currently he is taking
advanced traininG in EMT and CPR, which will be passed on to
our staff.
The deployment of security will be as follows:
DAY SHIFT
1- Doorman
1- Security
1- Mananger
NIGHT SHIFT
2- Doormen
2- Security
1- Valet
1- Manager
PEAK: WEEKEND NIGHTS
2- Doormen
4- Inside security
2- Valets
1- Manager
For parking lot security we will maintain a minimum of one
footcandle of light on the pavement surface. We will provide
photometric design to support this.
FIRE DEPARTMENT REVIEW
Exterior: We will provide aisle widths per Rancho Cucamonga
Planning Department. There is a fire hydrant in front of the
building, and the entire building will be sprinklered per
code.
Interior: We have shown the location of fire extinguishers,
emergency lighting with battery back-up, and exit signs
conforming to current U.B.C. We have worked with the Rancho
Cucamonga PlanninG Dept. to determine interior aisle widths
and traffic flow.
HANDICAP REVIEW
Exterior: The parking lot has no stairs nor abrupt changes
in elevation. We have provided three HC parking spaces near
the main entrance.
Interior: We will provide ramps that do not exceed 1/12
height to length ratio per standard codes. We have designed
corridors, bathroom doors, and exit doors for the
handicapped. The bathrooms have been designed by the latest
ADA Compliance Guidelines, California Access Code.
SOUND
There will be no outdoor speakers. Any sound from the
building will not exceed 65 decibels at the property line.
SCHEDULE OF
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:
Saturday:
Sunday:
EVENTS
NIGHTS
Amateur Night- Music, vocals, comedy.
Kareoke Contest Night
Oldies but Goodies Night- 50s & 60s Rock
House Band. 25 cent Draft Beer
Contract Band: Blues, Jazz, Big Band,
Rock and Roll, Country Western
House Band
Monday:
Tuesday:
Wednesday:
Thurday:
Friday:
Saturday:
Sunday:
DAYS
Senior Pool and Dart Tournaments, Free Buffet
(same as Monday)
Lingerie Show & Business Luncheon, Soap Opera
TV Viewing.
(same as Wednesday)
Sports Events: Buffet, Juke Box, Kareoke
practice.
(same as Friday)
Cowboy Western Day: 2-step, line dance lessons,
Country Bar-B-Q, Rodeo clowns, etc.
EMERGENCY PROCEDURES
1. CPR training by personnel
2. Knowledge and use of fire extinguishers
3. Trained and licensed in use of pepper spray
4. Trained in how to "hold" and "secure"
5. Trained by entire staff in crowd control
6. Trained in how to cooperate with local Fire Department
and Police.
May 6, 1994
Babe's Club 66
10134 Foothill Blvd.
Rancho Cucamonga, California
91730
ATTN: Steve Tustasecca and John Sanchez
Dear Steve and John:
Following are the quotations you requested for closed circuit
television, security alarm system, and fire alarm and security
alarm monitoring. Also enclosed is a revised drawing. showing
suggestions we recommend. Please note that on the outdoor cameras
we have eliminated some locations and opted to use panning motors
to view the parking lot. We have also opted to use panning motors
on various locations on the inside of the bar. The interior
cameras are quoted without housings. Housings are available if you
prefer. The cameras proposed are high quality chip-type cameras and
were chosen based on environment and lighting.
We will furnish and install a Closed Circuit Television System
consisting of:
Panasonic WVBP100 Black and White Cameras for outside
3Pelco EH4500 Weatherproof Camera Housings for outside
3Pelco PEPT480 Motorized Panning Motors for outside
Sanyo VDL2324A Fixed-Mounted Black and White Cameras
at front entrance and business office
2 Computar TO812CS Lenses
2 EMI 6" Camera Mounts
4 Sanyo SYVDC2324A Black and White Cameras for inside
4 Pelco PS724 Motorized Panning Mounts for inside
4Computar T0812CS Lenses
Robot MV16 Multiplexer
1Gyyr TLC1850 Time Lapse Recorder
1Sony SSM17 17" Black and White Monitor
necessary wire and hardware
Total, Installed, Including tax .......................... $18800.00
We will furnish and install a Security Alarm System consisting of:
FBII XL3 12-Zone Control Panel
I FBII XL4612SM 12-Zone Digital Key Pad
1 Yuasa 12v, 7ah Rechargeable Battery
Passive Infrared Beams
May 6, 1994
Babe's Club 66
ATTN: Steve Tustasecca and John Sanchez
page two of two
7Doors Alarmed
Large Sirens
i Large Siren Box
necessary wire and hardware
Total, Installed, Including Tax .......................... $1740.00
Central Station Monitoring of Security Alarm System is $26.50 per
month.
We will furnish and install a Fire Alarm Monitoring Communicator
to monitor flow valve and PIV valve installed by sprinkler
contractor. Equipment to consist of:
1 Radionics D2071 Dual Line Communicator
note: two telephone lines are needed to monitor the system
(telephone lines furnished by customer)
Total, Installed, Including Tax .......................... $350.00
Central Station Monitoring of Fire Alarm System is $48.00 per month
(includes required dual line transmission and daily timer test).
After reviewing the quotes, you may find that due to cost you may
like further changes. Please feel free to contact us to discuss
any changes.
Thank you.
Sincerely,
TRI-XECUTEX CORPORATION
RMP:jf
enclosure
'll i i i
Comments By
Commau~:
Babe's Route 66 (formerly Peppermint Elephant)
10134 Foothill Blvd.
Susan DeAntonio
CLIP 94-08 & ET 94-01
!/arch 31, 1994
Scott ~4urphy
· 1. Mininm~ width of driveways for Fire Dept. access is 26 feet.
2. Occurant load calculations on site plan face sheet confflict ~rith capacities
sho~n on floor nlan. Occunancy is an A 2.1 based on historical use, size
and ~resent calculations. Fire Dept. ~ill determine maximum camcities of
all ~ublic assembly areas without "r~unding-uv" to the next higher number
or factoring in 10% overcrowding figure noted in Uniform Fire Code 25.114(b).
3. Fire Alarm System required by bh~iform Fire Code Article 14. Fire Detection
System required by RCFPD Ordinance 15. Fire S~rinkler$ reouired by RCFPD
Ordinance 15. Central Station Monitorin~ reouired for above noted systems.
4. ~nox Box required.
5. A ~rroblem with exiting is anticimted ~/th new ~ublic exit out ~f 'east ~all
in former kitchen area. This may not be a safe exit path due to Fence/p~rel
line.
7. Where is food going to be prepared? Existing Kitchen and built-in fire vro-
tection systems are eliminated on plan.
8. What method of food heating is proposed for buffet tables?
9. It is recommended a parking space at the main entrance be reserved and
designated for emergency vehicles only.
Projec~ Babe's Route 66 (formerly Peppernint
Address 10134 Foothill Blvd.
Commenm By Susan DeAntonio
Elephant)
Date Narch 31, 1994
Commenm Continued
10. Si~cial care required to brini interior finish of loni vestibule u~ to min-
nun I hour reouirement.
11. Different floor/seatini vlans will be required if use chanees in area from
day to day. Fire Devt. must a~rove all vrior to implenentation.
Scott - #e need a site plan that is legible. Please provide a larger size.
Thanks, Susan ~
*** LOCATION INQUIRY RESPONSE *** MLI: 32909
ADR:10110 FOOTHILL BL CITY:RCC MAP:21246880220970"RD:RC030
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DISTURBING THE PEACE LOC
PETTY THEFT LOC
PETTY THEFT LOC
NON-INJURY TRAFFIC COLLISION LOC
HIT & RUN NON-INJURY LOC
PETTY THEFT LOC
SUSPICIOUS PERSON LOC
BURGLARY LOC
PETTY THEFT LOC
PETTY THEFT LOC
PETTY THEFT LOC
RESISTING POLICE OFFICER LOC
PETTY THEFT LOC
NON-INJURY TRAFFIC COLLISION LOC
PETTY THEFT LOC
ANNOYING TELEPHONE CALLS LOC
FOUND PROPERTY LOC
GR3%ND THEFT LOC
PSYCHO/MENTAL DISORDER LOC
DISTURBING THE PEACE LOC
PETTY THEFT LOC
PETTY THEFT LOC
TC WITH MAJOR INJURIES LOC
PETTY THEFT LOC
PETTY THEFT- LOC
DRUNK IN PUBLIC LOC
DRUNK IN PUBLIC LOC
PETTY THEFT LOC
TC WITH MINOR INJURIES LOC
PSYCHO/MENTAL DISORDER LOC
PETTY THEFT LOC
PETTY THEFT LOC
PETTY THEFT LOC
PETTY THEFT LOC
PETTY THEFT LOC
PETTY THEFT LOC
PETTY THEFT LOC
PETTY THEFT LOC
PETTY THEFT LOC
PETTY THEFT LOC
BURGLARY LOC
PETTY THEFT LOC
PETTY THEFT LOC
BURGLARY LOC
PETTY THEFT LOC
PETTY THEFT LOC
FD:FTH000
*** LOCATION INQUIRY RESPONSE *** MLI: 32909
ADR:10110 FOOTHILL BL CITY:RCC MAP:21246880220970"RD:RC030 FD:FTH000
*** INCIDENT SUMMARIES *** CONTINUED
890066253 081089 PETTY THEFT LOC
890070092 082189 PETTY THEFT LOC
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890088744 101589 PETTY THEFT LOC
890097050 110789 PETTY THEFT LOC
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890112110 121989 PETTY THEFT LOC
890112229 121989 HIT & RUN NON-INJURY LOC
900009592 012790 PETTY THEFT LOC
900016618 021490 PETTY THEFT LOC
900022658 030190 PETTY THEFT LOC
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900030534 032290 PETTY THEFT LOC
900053978 052390 ROBBERY LOC
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900083540 081190 PETTY THEFT LOC
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910019718 021991 PETTY THEFT LOC
*** LOCATION INQUIRY RESPONSE *** MLI: 32909
ADR:10110 FOOTHILL BL CITY:RCC MAP:21246880220970"RD:RC030 FD:FTH000
*** INCIDENT SUMMARIES *** CONTINUED
910039781 041291 PETTY THEFT LOC
910049838 050891 PETTY THEFT LOC
910053801 051891 PETTY THEFT LOC
910057993 052991 NON-INJURY TRAFFIC COLLISION LOC
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910068302 062391 PETTY THEFT LOC
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910080746 072591 PETTY THEFT LOC
910082014 072891 PETTY THEFT LOC
911100975 082491 PETTY THEFT LOC
911101080 082691 ROBBERY LOC
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911101124 082891 PETTY THEFT LOC
911101547 090891 PETTY THEFT LOC
911101823 091491 PETTY THEFT LOC
911102196 092391 INCIDENT/MISC LAW INF CALL LOC
911103060 101391 PETTY THEFT LOC
911103258 101891 BRANDISHING A WEAPON LOC
911103418 102191 PETTY THEFT LOC
911103689 102891 PETTY T~EFT LOC
911104346 111391 PETTY THEFT LOC
911104678 112091 ROBBERY LOC
911104998 112791 PETTY THEFT LOC
1105022 112891 PETTY THEFT LOC
°105144 120291 PETTY THEFT LOC
921100112 010392 PETTY THEFT LOC
921100436 011192 PETTY THEFT LOC
921101018 012692 PETTY THEFT LOC
921101282 013192 PETTY THEFT LOC
921101711 021192 PETTY THEFT LOC
921101751 021192 PETTY THEFT LOC
921102664 030592 PETTY THEFT LOC
921102953 031392 PETTY THEFT LOC
921102993 031492 PETTY THEFT LOC
921103314 032292 PETTY THEFT LOC
921103464 032592 BURGLARY LOC
921105645 051792 ASSAULT ON DEPUTY REPORT LOC
921106438 060692 ROBBERY LOC
921106645 061192 BURGLARY LOC
921106674 061292 INCIDENT/MISC LAW INF CALL LOC
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921107102 062392 ROBBERY LOC
921107917 071692 EMBEZZLEMENT LOC
931106301 053193 MALICIOUS MISCHIEF LOC
931107985 071093 DRUNK IN PUBLIC LOC
931113240 111393 TC WITH MINOR INJ-JRIES LOC
ADR:10120 FOOTHILL BL
CITY:RCC MAP:
RD:
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*** INCIDENT SUMMARIES ***
031388 PETTY THEFT
042988 DRUNK IN PUBLIC
060988 VEHICLE TOW REPORT
081188 DRUNK IN PUBLIC
091088 BURGLARY
LOC
LOC
LOC
LOC
LOC
101588
012990
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061791
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PC602 5 LOC
CHILD ABUSE LOC
BATTERY LOC
PC273 5 LOC
MALICIOUS MISCHIEF LOC
MALICIOUS MISCHIEF LOC
ANNOYING TELEPHONE CALLS LOC
FALSE ID TO AN OFFICER LOC
INCIDENT/MISC LAW INF CALL LOC
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DRUNK IN PUBLIC LOC
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PC273 5 LOC
PC273 5 LOC
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PC261 5 LOC
RESISTING POLICE OFFICER LOC
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DRUNK IN PUBLIC LOC
TERRORIST THREATS LOC
UNDER INFL CONTROLLED SUBSTANC LOC
FELONY SPOUSE BEATING LOC
FD:
To Whom It May Concern:
This letter is in regards to some concern that the city would
like an explanation on how to control the parking area for Motel
66 Shop And Go and the Leased Premises. The reason why the
previous tenant, better known as the "Peppezmint Elephant", had
to vacate the Leased Premises are as follows~
Motel 66 Parking Area
Motel 66 has 13 parking spaces around the building exclusively.
The way my manager makes sure that no one else uses these spaces
but the tenants is by enforcing these rules for the last 17
years without any significant problem:
I have a manager residing in the Motel 66 at all t~mes
maintaining the rules and regulations that I requested from
her to enforce.
b. There is a sign on the motel that indicates parking for
Motel 66 tenants only.
c. The parking stripes are painted in yellow, distinguishing
them from the rest of the parking area.
d. Red plastic traffic cones are placed in Motel 66 spaces when
tenants do not occupy them.
em
Towing area posted. If any unauthorized car parks in the
space the manager will contact the Leased Premises to
announce that the car is wrongfully parked and will be towed
away unless the owner of the car moves the vehicle.
Shop And Go Convenience Store
Shop And GO has 6 exclusive parking spaces per its Lease
agreement in front of the store and there are 2 employees
working at the store at night. It will be very easy for th-m to
control who parks in the front more than five minutes. As you
know convenience stores are to buy and leave quickly. If a car
is parked more than 10 minutes the manager will notify the
Leased Premises as stated above in paragraph e.
During my last 12 years of operations I have had very
insignificant problems as to the parking area and my manager has
enforced it very effectively. If any violations we have had
usually occur during busy time& on Fridays and weekends. Such
violation only occur rarely.
Peppermint Elephant
The above party who leased from me the Leased Premises owe me a
large s-m of money in excess of $120,000 which they were
supposed to pay to me on schedule on a monthly basis. They have
not honored their agreement and I had no other choice but to
evict th-m. TO add to this, they did some r-modeling without
permit from the city.
I am willing to cooperate with the city on any level to make
sure that all these requirements are met by the city.
Sincerely,
Eddie Lakkees
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 94-08, A REQUEST TO ESTABLISH A NIGHT CLUB AND
SPORTS BAR, INCLUDING ENTERTAINMENT, AMUSEMENT DEVICES
(VIDEO/ARCADE GAMES), AND THE ON-SITE CONSUMPTION OF
ALCOHOLIC BEVERAGES, WITHIN AN EXISTING BUILDING IN THE
COMMUNITY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE
FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134
FOOTHILL BOULEVARD, EAST OF HERMOSA AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 1077-601-07 AND 08.
A. Recitals.
1. John Sanchez has filed an application for the issuance of
Conditional Use Permit No. 94-08 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 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 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 north
side of Foothill Boulevard, approximately 170 feet from the Hermosa Avenue
intersection, with a street frontage of 132 feet and lot depth of 387 feet and
is presently developed with a commercial building, formerly used as a night
club; and
b% The property to the north of the subject site is designated
for commercial uses and is vacant. The property to the south of the site is
designated for commercial uses and is developed with a restaurant. The
property to the east is designated for commercial uses and is developed with a
house converted to an office. The property to the west is designated for
commercial uses and is developed with a motel and convenience market; and
PLANNING COMMISSION RESOLUTION NO.
CUP 94-08 - JOHN SANCHEZ
June 8, 1994
Page 2
c. Night clubs serving alcoholic beverages and/or providing
entertainment are allowed in the Community Commercial designation of the
Foothill Boulevard Specific Plan subject to review and approval of a
conditional use permit application; and
d. The subject property is within a designated Activity Center
pursuant to the Foothill Boulevard Specific Plan; and
e. The development of the night club and sports bar is
consistent with the Community Commercial designation of the Foothill Boulevard
Specific Plan and the Commercial designation of the General Plan; and
f. The application proposes to upgrade the site to include
providing additional parking and landscaping consistent with the requirements
of the Foothill Boulevard Specific Plan and the Development Code; and
g. The application, with the attached conditions of approval,
will comply with all applicable standards of the Foothill Boulevard Specific
Plan and the Development Code,
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and
concludes as follows:
a. That 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; and
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 ~uidelines, 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 project, 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 forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby approves the application subject
to each and every condition set forth below and in the Standard Conditions,
attached hereto and incorporated herein by this reference.
PLANNING COMMISSION RESOLUTION NO.
CUP 94-08 - JOHN SANCHEZ
June 8, 1994
Page 3
Plannin~ Division
1)
2)
3)
4)
5)
6)
7)
Roof screening shall be provided on all sides to
screen views of the existing and new roof-
mounted equipment. The final design of the
screen shall be reviewed and approved by the
City Planner prior to the issuance of building
permits or commencement of use, whichever comes
first.
A decorative metal fence within a landscape
planter shall be provided between the parking
area for the night club and the
motel/convenience market. The planter shall be
a minimum of 5 feet in width and may be located
on the adjoining property. The final plans
shall be reviewed and approved by the City
Planner prior to the issuance of building
permits or commencement of use, whichever comes
first.
Landscaping and hardscape shall be installed
across the Foothill Boulevard frontage within
the 25-foot building setback area, as measured
from the ultimate curb, consistent with the
requirements of the Foothill Boulevard Specific
Plan activity center. The developer may defer
the portion within the public right-of-way
subject to contribution towards future
construction and shall be provided prior to
building permit issuance.
Accent paving shall be provided at the project
entry outside of the public right-of-way. The
final plans shall be reviewed and approved by
the City Planner prior to building permit
issuance or commencement of use, whichever comes
first.
The building shall be repainted. The final
color shall be reviewed and approved by the City
Planner prior to building permit issuance or
commencement of use, whichever comes first.
Security personnel shall be provided within the
parking area at all times during the evening and
night hours.
The building shall comply with all requirements
of the Rancho Cucamonga Fire Protection
District. The plans shall be reviewed and
PLANNING COMMISSION RESOLUTION NO.
CUP 94-08 - JOHN SANCHEZ
June 8, 1994
Page 4
s)
9)
10)
11)
12)
13)
14)
15)
16)
approved by the Fire District prior to building
permit issuance and compliance with all
requirements shall be obtained prior to
commencement of use of the building and site.
The building shall comply with all requirements
of the Uniform Building Code. The plans shall
be reviewed and approved by the Building
Official prior to building permit issuance and
compliance with all requirements shall be
obtained prior to commencement of use of the
building and site.
Approval is granted for a night club, sports,
bar, amusement devices (video/arcade games), and
entertainment as identified in Entertainment
Permit 94-01. No adult entertainment is
permitted.
If the operation of the business creates law
enforcement and/or fire safety problems, such as
but not limited to, loitering and disturbances,
noise, overcrowding, blocked fire exits, etc.,
this Entertainment Permit shall be brought
before the Planning Commission for consideration
of modification and/or revocation.
All existing signs shall be removed or modified,
subject to City Planner review and approval of a
Sign Permit, to conform to the City's Sign
Ordinance.
The site plan shall be revised to construct the
5-foot landscape planter located west of the new
parking area completely within the subject
property.
Concrete bumper stops shall be provided in the
three parking spaces located at the northeast
and northwest corners of the building to prevent
cars from hitting cars parked in the adjoining
spaces.
The hours of operation shall be limited to 11
a.m. to 12 midnight.
A copy of this Resolution shall be attached to
any lease for this space.
This approval shall become null and void if
Certificate of Occupancy is not issued within
PLANNING COMMISSION RESOLUTION NO.
CUP 94-08 - JOHN SANCHEZ
June 8, 1994
Page 5
months from the date of approval, unless an
extension has been grated by the Planning
Commission. This Conditional Use Permit shall
be monitored and brought back to the Planning
Commission within six months from occupancy to
review compliance with all Conditions of
Approval and applicable City ordinances.
Failure to comply with the Conditions of
Approval or applicable City ordinances shall
cause the suspension of the Conditional Use
Permit and possible revocation of the
Conditional Use Permit by the Planning
Commission.
17) A decorative metal fence shall be installed
around the perimeter of the site.
Enaineerina Division
1)
A subdivision map (parcel map) shall be
performed as required by the City Engineer prior
to the issuance of building permits.
2)
Contribution towards the construction of full
frontage improvements on Foothill Boulevard for
Parcel No. 1077-601-07 shall be provided prior
to building permit issuance.
Install the median, including landscaping and
irrigation, on Foothill Boulevard. The minimum
limits of the median shall be determined by
Caltrans and the City Engineer. The existing
pavement shall be widened as necessary to
accommodate the median, four travel lanes, and
sufficient shoulder within the existing right-
of-way. The developer shall be eligible for
reimbursement as redevelopment/development
occurs to the full amount, less the value of his
frontage.
4)
Contribution toward the cost per linear foot of
undergrounding, as defined by ordinance, for the
lines on the project side of the street shall be
provided.
5)
An ingress/egress easement shall be provided for
all adjacent properties.
6)
If Caltrans does not allow installation of the
median, contribution towards one-half the cost
of construction of the Foothill Boulevard
PLANNING COMMISSION RESOLUTION NO.
CUP 94-08 - JOHN SANCHEZ
June 8, 1994
Page 6
median, including landscaping and irrigation per
lineal foot of frontage, shall be provided prior
to building permit issuance.
7)
Connection to the private drainage system to the
back of the basin on Hermosa Avenue requires
structural analysis. Substantiate both the
structural integrity of the existing basin with
the proposed connection and the structural
integrity of the method of connection to the
basin.
s)
The vehicle stacking distance from Foothill
Boulevard shall be 75' feet from the ultimate
face of curb. The final plans shall reflect
this requirement and shall be reviewed and
approved by the City Engineer prior to the
issuance of building permits.
6. The Secretary to this Commission shall certify to the
this Resolution.
adoption of
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANNING COMMISSION OFTHE 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 Co~mission of the
City of Rancho Cucamonga, at a regular meeting of the Plenning Co~ission held
on the 8th day of June 1994, by the following vote-to-wit=
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT= COMMISSIONERS=
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT it:
SUBJECT:
APPLICANT:
LOCATION:
Those items checked are Conditions o! Approval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Limits co,.e~o.
/~' 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 o! Tentative Tract No. is granted subject to the approval o! __/ /
SC-12/93
4. The developer shall commence, participate in, and consummate or cause to be commenced, .~J /
participated in, or consummated, a Melic-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of
a lirs 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, the developer shall comply with all
applicable laws and regulations. The CFD shall be formed by the District and the developer
by the time recordation ol the final map occurs.
5. 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 o! a Mello-Roos
Community Facilities District lot 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 aifemative, consent to the annexation of the
project site into the territory of such existing District prior to the recordation of the linal map
or the issuance of building parmits, whichever comes lirst. Further, il the affected school
district has not tormed a Melio-Roos Community Facilities District within twelve months trom
the date of approval of the project and prior to the recordation ol the final map or issuance
of building permits for said project, this condition shall be deemed null and void.
This condition shall be waived if the City receives notice that the applicant and a~ 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 allected water distr'~-'t 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 linal map approval inthe case of subdivision or prior to issuance
of permits in the case ot all other residential projects.
B. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which
include site plans, architectural elevations, exterior materials and 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 Ranoho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance. The building shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for City Planner review and approval prior to issuance of building permits.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (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 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
Sheriff'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 properties.
If no centralized trash receptacles are provided, all trash pick-up shall be for individual units
with all receptacles shielded from public view.
Trash receptacle(s) are required and shall meet City standards. The final design, locations,
and the number ot trash receptacles shall be subject to City Planner review and approval
pdor to issuance of building permits.
10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall
be located out of public view and adequately screened through the use ot a combination ot
concrete or masonry walls, herming, and/or landscaping to the satisfaction ot the City
Planner.
SC-12/93
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11. Street names shall be submitted 1or 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 FinalTract Map and prior
to approval of street improvement and grading plans. Developer shall upgrade and construct
all trails, including fencing and drainage devices, in conjunction with street improvements.
14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine
animals where zoning requirements for the keeping of said animals have been met. Individual
lot owners in subdivisions shall have the option of keeping said animals without the necessity
of appealing to beards of directors or homeowners' associations for 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
pdor 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 lot City Planner and City Engineer review and
approval prior to issuance of building permits.
17. Solar access easements shall he dedicated for the purpose of assuming that each lot or
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of
a solar energy system. The easements may be contained in a Declaration of Restrictions 1or
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 modifications to the site including, but not limited to, exterior alterations and/or
interior alterations which affect the exterior of the buildings or structures, removal of landmark
trees, demolition, 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 Deelgn
An alternative energy system is required to provide domestic hot water tor all dwelling units
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be
included in the building plans and shall be submitted for City Planner review and approval
prior to the issuance of building permits.
SC-[2/93
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 of building permits.
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3. Standard patio cover plans for use by the Homeowners' Association shall be sul~mitted for
City Planner and Building Official review and approval prior to issuance of building permits.
4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or
projections, shall be shielded from view and the sound buffered from adjacent properties and
streets as required by the Planning Division. Such screening shall be architecturally
integrated with the building design and constructed to the satisfaction ot the City Planner.
Details shall be included in building plans.
D. Parking and Vehicular Access (Indicate details on building plans)
~ 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall
contain a 12-inch walk adjacent to the parking stall (including curb).
Textured pedestrian pathways and textured pavement across circulation aisles shall be
provided throughout the development to connect dwellings/units/buildings with open spaces/
plazas/recreational uses.
3. All parking spaces shall be double striped per City standards and all driveway aisles,
entrances, and exits shall be striped per City standards.
4. All units shall be provided with garage door openers if driveways are less than 18 teet in
depth from back of sidewalk.
The Covenants, Condilions 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 irrigalion 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 the case ot a custom lot subdivision.
¸2.
Existing trees required to be presewed in place shall be protected with a construction barrier
in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans.
The location of those trees to be preserved in place and new locations for transplanted trees
shall be shown on the detailed landscape plans. The applicant shall follow all of the arborisrs
recommendations regan:ling preservation, transplanting and tdmming methods.
A minimum of trees per gross acre, comprised of thelollowing sizes, shall be provided
within the project: % - 48- inch box or larger, % - 36- inch box or larger,
~ % - 24- inch box or larger, % - 15-gallon, and ~% - 5 gallon.
A minimum of ~ % Of trees planted within the project shall be specimen size trees -
24-inch box or larger.
Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
pmiect No.: C~',~ ~y'~
Complctio. Da~:
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SC-12/93
4 of 12
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 leet or less in vertical height and ol 5:1 or greater slope, but less than
2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover tor
erosion control. Slope planting required by this section shall include a permanent irrigation
system to be installed by the develdper prior to occupancy.
AIIprivateslopesinexcessof5feet,butlessthan8 feet inverticalheightandot2: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. ft. 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 soldandoccupiedbythebuyer. Priortoreleasingoccupancytorthoseunits, an inspection
shall be conducted by the Planning Division to determine that they are in satisfactory
condition.
Completion Dam:
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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 thriving condition, and shall receive
regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the date of damage.
11. Front yard landscaping shall be required per the Development Code and/or
· This requirement shall be in addition to the required
street trees and slope planting.
12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be
included in the required landscape plans and shall be subject to City Planner review and
approval and coordinated Ior consistency with any parkway landscaping plan which may be
13.
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required by the Engineering Division.
Special landscape , ~tu,4,' ~
featurestkeh ae :..garter
in~ 8i~w~a ~V~ ~er;-qntal
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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 decoralive 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.
17. Landscaping and irrigation shall be designed to conserve water through the principles of
Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Cede.
SC- 12193
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 1or 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 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 1ormat 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 intedor noise
attenuation to below 45 CN EL, 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 lhe mitigation measures contained in the final report.
H. Other Agencies
1. Emergency secondary access shallbe provided in accordance with Rancho Cucamonga Fire
Protection District Standards.
Emergency access shall be provided, maintenance free and clear, a minimum ot 26 leer wide
at all times during construction in accordance with Rancho Cucamonga Fire Protection
District requiremenls.
Prior to issuance of building permits for combustible construction, evidence shall be
submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for
fire protection is available, pending completion of required fire protection system.
The applicant shall contact the U.S. Poctal Service to determine the appropriate type and
location of mail boxes. Multi-lamily residential developments shall provide a solid overhead
structure for 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.
C_,om~etioa Date:
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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 ot building permits.
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APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
.~. 1. The applicant shall comply with the latest adopted Unilorm Building Code, Uniform Mechani-
cal Code, Unilorm Plumbing Code, National Electric Code, and all other applicable codes,
ordinances, and regulations in effect at the time of issuance of relative permits. Please
contact the Building and Safety Division for copies ol 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 commemial or industrial development or
addition to an existing development, the applicant shall pay development tees at the
established rate. Such fees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
4. Street addresses shall be provided bythe Building Official, altertract/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
K. Grading
3.
SC-t2/93
considering use, area, and fire-resistiveness of existing buildings.
Existing buildings shall be made to comply with correct building and zoning regulations for
the intended use or the building shall be demolished.
Existing sewage disposal lacilitias shall be removed, filled and/or capped to comply with the
Uniform Plumbing Code and Uniform Building Code.
Underground on-site utilities are to be located and shown on building plans submitted for
building permit application.
Grading of the subject property s_,hall.be in ._a_c~3rdance with the Uniform Building Code, City
Grading Standards, and accept~l"g'r:m:linl~'~ 'pl~:~s.' The tinal 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 wo~.
The development is located within the soil erosion control boundaries; a Soil Disturbance
Permit is required. Please contact San Bernardino County Department of Agriculture at (714)
387-2111 for permit application. Documentation of such permit shall be submitted to the City
prior to the issuance ol rough grading permit.
A geological report shall be prepared by a qualified engineer or geologist and submitted at
the time of application for grading plan check.
The final grading plans shall be completed and approved priorto issuance of building permits.
Date:
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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 Salety Division prior to linal map approval and prior to Ihe 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 ot the
Building and Safety Division prior Io issuance of grading and building permits.
c. On-site drainage improvements, necessary for dewatering and protecting the subdivided
properties, are to be installed prior to issuance of building permits 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 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 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 o! the Development Code.
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APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
L. Dedication and Vehicular Access
1, 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.
Dedicalion shall be made of the following rights-of-way on the perimeter streets
(measured from street centerline):
?a total feet on /~'~ ~
total feet on
totalfeet on
total leer on
3. An irrevocable offer of dedication for
for all private streets or drives.
-foot wide roadway easement shall be made
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 and shall be recorded concurrently wilh the map or prior to the issuance ol
bUilding permitS, where no map is involved.
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6. Private drainage easements for cross-lit drainage shall be provided and shall be delineated
or noted on the final map.
7. The final map shall clearly delineate a 1 O-foot minimum building restriction area on the
neighboring lot adjoining the zero lot line wall and contain the following language:
"l/We hereby dedicate to the City of Rancho Cucamonga the dght to prohibit the
constnJction of (residential) buildings (or other structures) within those areas designated
on the map as building restriction areas."
A maintenance agreement shall also be granted trom each Ioi Io 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 right-of-way / /
shall be dedicated to the City wherever they encroach onto private property.
10. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum
of 7 feet measured from the face ol curbs. If curb adjacent sidewalk is used along the right
turn lane, a parallel street tree maintenance easement shall .be provided.
11. The developer shall make a good faith effort to acquire the required off-site property interests
necessary to construct the required public improvements, and if he/she should tail to do 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 1or the improvements.
Such agreement shall provide for payment by the developer of all costs incurred by the City
to acquire the off-site property interests required in connection with the subdivision. Secudty
for a portion of these costs shall be in the 1orm ol a cash deposit in the amount given in an
appraisal report obtained by the developer, at developer's cost. The appraiser shall have
been approved by the City prior to commencement of the appraisal.
M. Street Improvements
1. All public improvements (interior streets, drainage facilities, community trails, paseos,
landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to
City Standarcls. Interior street improvements shall include, but are not limited to, curb and
gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees.
2. A minimum of 26- foot wide pavement, within a 40 -foot wide dedicated right-of-way shall be
constructed for all half-section streets.
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3. Construct the !oilowing perimeter street improvements including, but not limited to: __/ /
STREET NAME CURB& A.C. SIDE- DRIV~ STREET EI'REET COMM tIMEDIAN BIK~
Gt)l I~.R PVMT WALK API~. LIGHTS TREES TRA!. ISLAND TRAIL OTHER
SC-12/93
Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement
reconstruction and overlays will be determined during plan check. (c) If so marked, side-
walk shall be curvilinear per STD. 304. (d) If so marked, an in-lieu of construction fee shall
be provided for this item.
~oi~ No.~'~J/~ ~¥-ee
Coml;,letio~ Dat~:
4. Improvement plans and construction:
Street improvement plans including street trees and street lights, prepared by a regis-
tered Civil Engineer, shall be submitted to and approved by the City Engineer. Security
shall be posted and an agreement executed to the satisfaction of the City Engineer and
the City Attorney guaranteeing completion of the public and/or pdvate street improve-
ments, pdor to final map approval orthe issuance of building permits, whichever occurs
first.
Prior to any work being performed in public dght-ol-way, fees shall be paid and a
construction permit shall be obtained from the City Engineer's Office in addilion to any
other permits required.
c. Pavement striping, marking, traffic, street name signing, and interconnect conduit
shall be installed to the satisfaction of the City Engineer.
Signal conduit with pull boxes shall be installed o n any new construction or reconstruction
of major, secondary or collector streets which intersect with other major, secondary or
collector streets for future traffic signals. Pull boxes shall be placed on both sides ot the
street at 3 feet outside of BCR, ECR or any other locations approved by the City Engineer.
Not es:
(1) All pull boxes shall be No. 6 unless otherwise specified by the City Engineer.
(2) Conduit shall be 3-inch galvanized steel with pullrope.
e. Wheel chair ramps shall be installed on all four comers of intersections per City
Standards or as directed by the City Engineer.
Existing City roads requiring construction shall remain open to traffic 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 complelion of the construction to the satisfaction of the City Engineer.
g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be
installed to City Standards, except for single family lots.
h. 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
review and approval by the City Engineer. Prior to any work being performed on the pri-
vate streets, fees shall be paid and construction permits shall be obtained from the City
Engineer's Office in addition to any other permits required.
6. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in
accordance with the City's street tree program.
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12/93
7. Intersection line of site designs shall be reviewed by the City Engineer for conformance with
adopted policy.
a. On collector or larger streets, lines of sight shall be plotted Ior all project intersections,
including driveways. Walls, signs, and slopes shall be located outside the lines ol sight.
Landscaping and other obstructions within the lines of sight shall be approved by the City
Engineer.
b. Local residential street intersections shall have their noticeability improved, usually by
moving the 2 +/- closest street trees on each side away from the street and placed in a street
tree easement.
8. A permit shall be obtained,~.~.~.LTRANS for any work within the following right-of-way:
9. All public improvements on the following streets shall be operalionally complete prior to the
issuance of building permits:
Proi~. No.: ~
C..om~¢l~oa Da~:
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N. Public Maintenance A~eas
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 building permits, whichever occurs first. The following landscape parkways,
medians, paseos, easements, trails, or other areas are required to be annexed into the
Landscape Mai. ntenanc~ District:
2. A signed consent and waiver form to ~oin and/or form the appropriate 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 shall be borne by the developer.
3. All required public landscaping and irrigation systems shall be continuously maintained by the
developer until accepted by the City.
4. Parkway landscaping on the following street(s) shall conform to the results of the respective
Beautification Master Plan:
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O. Drainage and Flood Control
The project (or portions thereof) is located within a Flood H~zard Zone; therefore, flood
protection measures shall be provided as certified by a registered Civil Engineer and
approved by the City Engineer.
I! shall be the developer's responsibility to have the current FIRM Zone
designation removed from the project area. The developer's 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 map approval or
issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall
be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first.
3. A final drainage study shall be submitted to and approved by the City Engineer prior to final
map approval or the issuance of building permits, whichever occurs first. All drainage
facilities shall be installed as required by the City Engineer.
SC-12/93
4. A permit from the County Flood Control District is required for work within its right:of-way.
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 oventows in the event of a
blockage in a sump catch basin on the public street.
P. Utilities
.~ 1. Provide separate utility services to each parcel including sanitary sewerage system, water,
gas, electric power, telephone, and cable 'IV (all underground) in accordance with the Utility
Standards. Easements shall be provided as required. ,..,. r.: . ~?~..o..~
~/~ 2.The developer shall be responsible for the relocation 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), Rancho 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.
Comple~o~ Date:
.__/ /
~ /
/ /
/
/ /
__J /
Q. General Requirements and Approvals
1.The separate parcels contained within the project boundad~'s. sY~a!l b,e I~i~gally c.~om~i~:l !,nto
one parcel prior to issuance of building permits. - '~ ~' ~ :~' ' ........, ~"
2. An easement for a joint use ddveway shall be provided prior to final map approval or
issuance of building permits, whichever occurs first, for:
3. Prior to approval of the final map a deposit shall be posted with the City covedng the
estimated cost of apportioning the assessments under Assessment District
among the newly created parcels.
4. Eliwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan
Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if
no map is involved.
5. Permits shall be obtained from the following agencies tor work within their right-of-way:
/ /
/ '/,
/ ./.
/ /
6.A signed consent and waiver torre to join and/or 1orm the Law Enforcement Community
Facilities District shall be filed with the City Engineer prior to final map approval or the
issuance of building permits, whichever occurs first. Formation costs shall be borne by the
Developer.
7. Prior to finalization of any development phase, sufficient improvement plans shall be com-
pleted beyond the phase boundaries to assure secondary access and drainage protection to
the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown
on the approved tentative map.
/ /
/ /
SC- 12/93
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT
PERMIT NO. 94-01, A REQUEST TO ALLOW ENTERTAINMENT
INCLUDING, BUT NOT LIMITED TO, LIVE BANDS, A DISC JOCKEY,
KARAOKE, CELEBRITY APPEARANCES, AND COMEDY NIGHTS, IN
CONJUNCTION WITH A NIGHT CLUB AND SPORTS BAR IN THE
COMMUNITY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE
FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134
FOOTHILL BOULEVARD, EAST OF HERMOSA AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 1077-601-07 AND 08.
A. Recitals.
1. John Sanchez has filed an application for approval of
Entertainment Permit 94-01 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Entertainment Permit request is
referred to as "the application."
2. On the 8th day of June 1994, the Planning Cor~nission of the City
of Rancho ~ucamonga 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, end resolved by the
Planning Commission of the City of Rancho Cucnmonga as follows=
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 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 north side
of Foothill Boulevard, east of Hermosa Avenue at 10134 Foothill Boulevard,
with a street frontage of 132 feet and a lot depth of 387 feet. The property
is presently developed with a commercial building, formerly used as a night
club; and
b. The property to the north of the subject site is designated
for commercial uses and is vacant. The property to the south of the site is
designated for commercial uses and is developed with a restaurant. The
property to the east is designated for commercial uses and is developed with a
house converted to an office. The property to the west is designated for
commercial uses and is developed with a motel and convenience market; and
PLANNING COMMISSION RESOLUTION NO.
EP 94-01 - JOHN SANCHEZ
June 8, 1994
Page 2
c. The applicant proposes to conduct entertainment in
conjunction with a night club and sports bar, to include live bands, a disc
jockey, karaoke, celebrity appearances, and comedy nights~ and
d. Establishments providing entertainment are allowed subject to
review and approval of an Entertainment Permit application~ and
e. All entertainment will be provided within an enclosed
building; and
f. The applicant has submitted a security plan indicating the
precautions to be implemented to ensure the safety of patrons and employees of
the night club, both inside the building and within the parking area~ and
g. The application, together with the attached conditions of
approval, will comply with all applicable standards of the Foothill Boulevard
Specific Plan and the Development Code; and
h. The application contemplates a dance floor of greater than
150 square feet for patrons.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
fact set forth in paragraphs i and 2 above, this Commission hereby finds and
concludes as follows=
a. That the conduct of the establishment end the granting of the
application would not be contrary to the public health, safety, morals, or
welfare~ and
b. That the premises or establishment is not likely to be
operated in an illegal, improper, or disorderly manner; and
c. That granting the application would not create a public
nuisance; and
d. That the applicant, or any person associated with him as
principal or partner in a position or capacity involving partial or total
control over the conduct of the business for which such permit is sought to be
issued, has not been convicted in any court of competent jurisdiction of any
offense involving the presentation, exhibition, or performances of any obscene
show of any kind or of a felony or any crime involving the moral turpitude,
nor has any approval, permit, license issued in conjunction with the sale of
alcohol or the provisions of entertainment been revoked within the preceding
five years.
4. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby approves the application subject to
each and every condition set forth below:
PLANNING COMMISSION RESOLUTION NO.
EP 94-01 - JOHN SANCHEZ
June 8, 1994
Page 3
Plannin~ Division
1) Approval is granted for the following
entertainment uses=
a. Live bands~
b. Disc jockey doing vocals, playing music, and
videos~
c. Live acts of comedy~
d. Karaoke~
Special promotions for celebrity appearances,
sporting events through satellite television;
and
f. Pool tournaments during afternoon hours.
2)
No adult entertainment, as defined in the Rancho
Cucamonga Municipal C~de Section 17.04.090, shall
be permitted.
All pertinent conditions contained in the
Resolution approving Conditional Use Permit 94-08
shall apply.
4)
The applicant shall have in attendance on the
premises for the purposes of supervising the
dancing and the conduct of all patrons and
customers, a duly licensed and uniformed security
guard at all timeB such dancing is permitted on a
floor area exceeding 150 square feet.
A minimum of two duly-licensed, certified or
trai~ed, and regularly employed security guards
fro~ a reputable security firm shall be required
to be on the premises from 6 p.m. until two hours
after the conclusion of any entertainment. At
least one of the guards shall be in "peace
officer" attire and shall remain on duty in the
parking and outBide adjacent areas of the
facility.
The hours of operation for the entertainment
shall be limited to 6 p.m. to 12 midnight, Sunday
through Saturday, with the exception of pool
tournaments which may be conducted in the
afternoon.
PLANNING COMMISSION RESOLUTION NO.
EP 94-01 - JOHN SANCHEZ
June 8, 1994
Page 4
7)
If the operation of the business creates law
enforcement and/or fire safety problems such as,
but not limited to, loitering and disturbances,
noise, overcrowding, blocked fire exits, etc.,
this Entertainment Permit shall be brought
before the Planning Commission for consideration
of modification and/or revocation. This
Entertainment Permit shall be monitored and
brought back to the Planning Commission within
six months from occupancy to review compliance
with all Conditions of Approval and applicable
City ordinances. Failure to comply with the
Conditions of Approval or applicable City
ordinances shall cause the suspension of the
Entertainment Permit and possible revocation of
the Entertainment Permit by the Planning
Commission.
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 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 8th day of June 1994, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
DATE:
TO:
'FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
June 8, 1994
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Steve Hayes, Associate Planner
ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 14208 - RITTENHOUSE - The
proposed development of a 20-unit residential detached condominium
project on 3.0 acres of land in the Medium Residential Development
District (8-14 dwelling units per acre), located on the north side of
Base Line Road, west of Alta Cuesta Drive - APN: 202-025-01, 04, 07,
and 08. Related file: Variance 94-03.
VARIANCE 94-03 - RITTENHOUSE - A request to reduce the amount of
common open space from 35 percent to approximately 25 percent for a
proposed 20-unit residential detached condominium project on 3.0 acres
of land in the Medium Residential Development District (8-14 dwelling
units per acre), located on the north side of Base Line Road, west of
Alta Cuesta Drive - APN: 202-025-01, 04, 07, and 08. Related file:
Tentative Tract 14208.
PROJECT AND SITE DESCRIPTION:
A. Protect Density: 6.7 dwelling units per acre.
Surroundin~ Land Use and Zoning:
North - Single family .and multi-family residential; Low-Medium
Residential (4-8 dwelling units per acre), and R-M 3.6 (up to 12
dwelling units per acre) within the City of Upland
South - Single family residential; Low Residential (2-4 dwelling units
per acre)
East - Vacant, flood control channel, and single family residential; Low-
Medium Residential (4-8 dwelling units per acre)
West - Multi-family Residential; and R-M 3.6 (up to 12 dwelling units per
acre) within the City of Upland
Co
General Plan Designations:
Project Site - Medium Residential (8-14 dwelling units per acre)
North - Medium Residential (8-14 dwelling units per acre)
South - Low Residential (2-4 dwelling units per acre)
East - Flood Control and Medium Residential (8-14 dwelling units per acre)
West - Multi-family Residential (City of Upland)
Be
Site Characteristics: The property fronts on Base Line Road and is part of a
larger 5-acre site surrounded on three sides by the Upland city limits. The
property is several feet higher than the surrounding land. Three older
single family homes exist northeast on the site, and numerous trees are
located on the property, many of which will be moved and replaced per
previously approved Tree Removal Permit 91-40. Curb and gutter exist along
the Base Line Road frontage.
ITh~S D & E
PLANNING COMMISSION STAFF REPORT
TT 14208 - VAR 94-03 - RITTENHOUSE
June 8, 1994
Page 2
E. Parkin~ Calculations=
Parking Garage
Number of Number Required Total Req'd Garage Spaces Spaces
Bedrooms of Units Per Unit Req'd Spaces/Unit Req'd Provided
Three 14 2.0 28 2 28 28
Four 6 2.3 14 2 12 14
Guest .25 --5 --8
Total 20 47 40 50
Total Parking Required 47
Total Parking Provided 50
BACKGROUND: On June 10, 1992, the Planning Commission approved an application
for the development of 32 attached condominium units on the project site.
Following approval, the site was sold and the new owner (Mr. Rittenhouse)
submitted Pre-Application Review 92-07 for the development of 27 detached units
on the site. The Commission generally supported the product type, but felt that,
with 27 units, the project appeared crowded, especially from Base Line Road. The
project has been redesigned with 20 units to make the site feel less crowded.
ANALYSIS:
Ao
General: The applicant is proposing to develop a 20-unit detached
condominium project on 3 acres of a larger 5-acre "island" of land surrounded
on 3 sides by the City of Upland. Three models are proposed, one model with
three elevation types and the other two with two elevation types each, all
with two-car garages. The homes range in size from 1,700 to 1,795 square
feet and are all two-story.
The units are detached single family residences with separate private open
space areas, and garages attached to the living areas. In the Medium
Residential District, single family detached houses are only allowed to be
developed using the Optional Development Standards. The common open space
area includes a barbeque area with gazebo, a tot lot, and a large open space
area. The site will be secured by private drive aisles that comply with all
emergency access requirements of the Rancho Cucamonga Fire Protection
District. In addition, a master plan has been prepared for the entire 5-acre
area (see Exhibit "F"), which complies with all Fire District criteria. The
proposed vehicular access location complies with the driveway policies of the
Engineering Division.
Variancez In conjunction with the subdivision and Design Review application,
the applicant has submitted a Variance application to reduce the amount of
common open space required from 35 percent to approximately 25 percent.
The applicant contends that their project provides sufficient open space due
to the amount of open space located in private yards. The Development Code
requires projects in the Medium Residential zone to have a minimum of
PLANNING COMMISSION STAFF REPORT
TT 14208 - VAR 94-03 - RITTENHOUSE
June 8, 1994
Page 3
35 percent common open space and a total of 40 percent total open space
(private + common) within project boundaries. The proposed project, despite
having only 25 percent common open space, has approximately 27 percent of the
net area in private open space, which amounts to 52 percent total open space,
or 12 percent more than the total open space required for this zone.
Furthermore, the three common open space amenities required for a 20-unit
residential project are satisfied in the common open space area. Staff
believes that the applicant has met the intent of the multiple family
standards by providing the necessary number of common open space amenities
required for multiple family projects in a single family project. In
addition, the abundance of private open space typical of a detached
residential subdivision adequately substitutes for the loss of common open
space area. Therefore, staff feels that the Variance should be supported.
Design Review Committee=
(McNlel, Melther, Coleman)
subject to the following=
On May 3, 1994, the Design Review Committee
reviewed the project and recommended approval
The conynon open space area should be relocated north of the easternmost
extension of the east/west drive aisle. In turn, the three units in
this area may be moved to the south side of this portion of the drive
aisle.
Whenever possible, the units along Base Line Road should be replotted so
like models are not plotted adjacent to each other, and variety of
front/rear setback is increased subject to review and approval of the
Planning Division.
The rear elevations of the Plane 2 and 3 should be upgraded to the
satisfaction of the Planning Division prior to the issuance of building
permits. With this, the Committee felt a one-story model need not be
introduced into the unit mix because of the small size of the project.
The status of the Oak tree should be deferred to the Planning Commission
for further discussion.
Real river rock should be used on the wall pilasters and as the accent
material for the homes.
A tile roofing material should be used, per City policy. Specific tile
samples should be submitted for review and approval of the Planning
Division prior to the issuance of building permits.
The southernmost visitor parking space on the cul-de-sac bulb should be
relocated or eliminated.
The perimeter wall separating the project from the apartment project to
the west and north should be combined into a single wall.
Pilasters should be introduced into the walls and fences along the
interior property lines.
PLANNING COMMISSION STAFF REPORT
TT 14208 - VAR 94-03 - RITTENHOUSE
June 8, 1994
Page 4
De
10.
Create a strong pedestrian connection between units and common open
space areas. Pedestrian crossings using enriched paving materials are
encouraged.
11.
Strengthen project entry statements with accent landscaping, decorative
paving, and special architectural features. A "focal point" should be
created to terminate the entry statement.
12. Pair garages to create the appearance of larger front yards wherever
possible (i.e., along southerly private streets).
13. The proposed special paving material should be reviewed and approved by
the Planning Division prior to the issuance of building permits.
The applicant has submitted a revised site plan relocating the common open
space. The remaining items, except for No. 4, have been incorporated as
conditions into the Resolution of Approval for the design review of this
project.
Technical Review Committees On May 4, 1994, the Technical Review Committee
reviewed the project and determined that, with the recommended conditions of
approval, the project is consistent with all applicable standards and
ordinances. The Grading Committee reviewed and conceptually approved the
project at its meeting on May 3, 1994.
Tree Removal Permit: In conjunction with the original Tentative Tract Map~
the Planning Commission approved Tree Removal Permit No. 91-40 on June 10,
1992. This approval allowed for removal and replacement planting of 12 of
the 31 trees on the property. The other 19 trees were conditional to either
remain in place or be relocated, per the consulting arborlet's study. The
new site plan layout does not affect the ability to preserve or relocate any
of the 19 trees recommended for preservation~ therefore, Tree Removal Permit
No. 91-40 ie still valid as originally approved by the Commission requiring
no modifications. However, the Commission should consider new information
relating to the mature Coast Live Oak tree in the Base Line Road streetscape
areas. The most recent arborist study recommends preserving the tree in
place with no disruptions within the drip line of the tree. However, future
street improvements for Base Line Road as recommended by City staff would be
in conflict with the goal of giving the best environment for the tree to be
preserved in place (i.e., construction of sidewalk, undergrounding utilities,
and partial crown removal for vehicle clearance). There are two possible
options to preservation-in-place= 1) relocate the tree beyond the limits of
construction of any improvements that would interfere with its continued
survival (numerous Coast Live Oak trees have been transplanted in other
Inland Empire communities with a fairly high success ratio)~ or 2) replace
the tree (because of its poor structure and shape from numerous toppings by
Southern California Edison Company, the tree is not a prime specimen, and
will never be as long as the tree interferes with the overhead power
lines). The applicant desires to preserve the tree at its present
location. A condition of approval has been provided for your consideration.
PLANNING COMMISSION STAFF REPORT
TT 14208 - VAR 94-03 - RITTENHOUSE
June 8, 1994
Page 5
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 devices (interior and exterior) are not incorporated into the
project design to screen noise impacts created by traffic on Base Line
Road. An acoustical analysis study prepared for the site recommended that,
in order to mitigate noise to acceptable levels, a minimum 6-foot high wall
be constructed along Base Line Road along the top of the proposed streetscape
berms and/or slopes. This wall are already incorporated into the conceptual
design of the subdivision. The Tree Removal Permit is discussed earlier in
this report.
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 would be in order.
FACTS FOR FINDINGS:
A. Tentative Tract MaD:
1. The project is consistent with the General Plan and Development Code.
2. The project will not be detrimental to the public health or safety or
cause nuisance or significant adverse environmental impacts.
The project's use, subdivision map, and conceptual plans, together with
the conditions of approval, are in compliance with the applicable
provisions of the Development Code and City standards.
B. Design Review:
The proposed project is consistent with the objectives of the General
Plan.
2. The proposed design is in accord with the objectives of the Development
Code and the purposes of the district in which the site is located.
The proposed design is in compliance with each of the applicable
provisions of the Development Code.
The proposed design, together with the conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare or
materially injurious to properties or improvements in the vicinity.
C. Variance:
Strict or literal interpretation and enforcement of the specified
regulations would result in practical difficulty or unnecessary hardship
inconsistent with the objectives of the Development Code.
PLANNING COMMISSION STAFF REPORT
TT 14208 - VAR 94-03 - RITTENHOUSE
June 8, 1994
Page 6
me
There are exceptional or
applicable to the property
project that do not apply
district.
extraordinary circumstances or conditions
involved or to the intended use of the
generally to other properties in the same
3o
Strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by owners
of other properties in the same district.
The granting of the Variance will
privilege inconsistent with the
classified in the same district.
not constitute a grant of special
limitations on other properties
The granting of the Variance will not be detrimental to public health,
safety, or welfare or materially injurious to properties or improvements
in the vicinity.
CORRESPONDENCE: These items have been advertised as public hearings in the
Inland Valley Dailv Bulletin newspaper, the property has been posted, and notices
were sent to the adjacent property owners within 300 feet of the project site, as
well as all property owners within Subarea i of the Foothill Boulevard Specific
Plan. In addition, a neighborhood meeting was held.
R~COMMENDATION: Staff recommends that the Planning Commission approve Tentative
Tract 14208, the design review thereof, and Variance 94-03 through adoption of
the attached Resolutions of Approval with Conditions and issue a mitigated
Negative Declaration.
BB:SH:mlg
Attachments:
Exhibit "A" - Site Utilization Map
Exhibit "B" - Tentative Tract Map
Exhibit #C" - Detailed Site Plan
Exhibit "D" - Conceptual Landscape Plan
Exhibit "E" - Conceptual Grading Plan
Exhibit "F" - Master Plan
Exhibit "G" - Building Elevations
Resolution of Approval for Tentative Tract 14208
with Conditions
Resolution of Approval for Design Review for Tentative
Tract 14208 with Conditions
Resolution of Approval for Variance 94-03
L
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CITY OF RANCHO, CUCAMONGA
PLANNING DIVISION
gOE'IH. e'l OVI-I.[ SI~If'IINlINOQNO0 a3HOVJ.3(1 J. INn O~
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 14208, THE PROPOSED DEVELOPMENT OF A 20-UNIT
RESIDENTIAL DETACHED CONDOMINIUM PROJECT ON 3.0 ACHES OF
LAND IN THE MEDIUM RESIDENTIAL DEVELOPMENT DISTRICT (8-14
DWELLING UNITS PER ACRE), LOCATED ON THE NORTH SIDE OF
BASE LINE ROAD, WEST OF ALTA CUESTA DRIVE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 202-025-01, 04, 07,
AND 08.
A. Recitals.
1. Mr. Ralph Rittenhouse has filed an application for the approval
of Tentative Tract Map No. 14208, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map
request is referred to as "the application."
2. On the 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 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 north
side of Base Line Road, west of Alta Cuesta Drive with a street frontage of
441.04 feet and lot depth of 501.44 feet and is presently improved with curb,
gutter, and an on-site access along Base Line Road and has 31 mature trees on
the property; and
b. The property to the north of the subject site is single
family and multiple family residential within the City of Upland, the property
to the south consists of single family dwellings, the property to the east is
vacant and a flood control channel, and the property to the west is a multiple
family residential development within the City of Upland; and
PLANNING COMMISSION RESOLUTION NO.
TT 14208 - RITTENNOUSE
June 8, 1994
Page 2
c. The application contemplates the preservation of 19 of the
31 mature trees on the property based upon recommendations of an arborist
previously approved under Tree Removal Permit 91-40. The 12 trees proposed
for removal will require replacement planting per the Tree Preservation
Ordinance; and
d. The subdivision configuration meets all health, safety, and
access criteria established by the City's Fire District and Engineering
Division.
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 tentative tract is consistent with the General
Plan, Develo~ent Code, and any applicable specific plans; and
b. The design or improvements of the tentative tract is
consistent with the General Plan, Develo~nent Code, and any applicable
specific plans; and
proposed; and
The site is physically suitable for the type of develo~nent
d. The design of the subdivision is not likely to cause
substantial environmental damage and avoidable injury to humans and wildlife
or their habitat; and
e. The tentative tract is not likely to cause serious public
health problems; and
f. The design of the tentative tract will not conflict with any
easement acquired by the public at large, now of record, for access through or
use of the property within the proposed subdivision.
4. Based upon the facts and information contained in the proposed
Negative Declaration, together with all written and oral reports included for
the environmental assessment for the application, the Planning Commission
finds that there is no substantial evidence that the project will have a
significant effect upon the environment and adopts a Negative Declaration
based upon the findings as follows=
a. That the Negative Declaration has been prepared in
compliance with the California Environmental Quality Act of 1970, as amended,
and the State CEQA guidelines promulgated thereunder; that said Negative
Declaration and the Initial Study prepared therefore reflect the independent
judgment of the Planning Commission; and, further, this Commission has
reviewed and considered the information contained in said Negative Declaration
with regard to the application.
PLANNIN~ COMMISSION RESOLUTION NO.'
TT 14208 - RITTENHOUSE
June 8, 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 wildlife depends. Further, based upon substantial evidence
contained in the Negative Declaration, the staff reports and exhibits, and the
information provided to the Planning Commission during the public hearing, the
Planning Commission hereby rebuts the presumption of adverse effect as set
forth in Section 753.5(c-l-d) of Title 14 of the California Code of
Regulations.
5. Based upon the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the
application subject to each and every condition set forth below and in the
Standard Conditions, attached hereto and incorporated herein by this
reference.
Plannin~ Division
1)
Pursuant to provisions of California Public
Resources Code Section 21089(b), this
application shall not be operative, vested or
final, nor will building permits be issued or a
map recorded, until (1) the Notice of
Determination (NOD) regarding the associated
environmental action is filed and posted with
the Clerk of the Board of Supervisors of the
County of San Bernardino; and (2) any and all
required filing fees assessed pursuant to
California Fish and Game Code Section 711.4,
together with any required handling charges, are
paid to the County Clerk of the County of San
Bernardino. The applicant shall provide the
Planning Department with a stamped and conformed
copy of the NOD together with a receipt showing
that all fees have been paid.
In the event this application is determined
exempt from such filing fees pursuant to the
provisions of the California fish and Game Code,
or the guidelines promulgated thereunder, except
for payment of any required handling charge for
filing a Certificate of Fee Exemption, this
condition shall be deemed null and void.
2)
Tree Removal Permit 91-40 shall remain as
originally approved subject to the following
mitigation measures (refer to the arborist's
report for the tree identification map):
PLANNING COMMISSION RESOLUTION NO.
TT 14208 - RITTENHOUSE
June 8, 1994
Page 4
a) Tree No. 5 is not subject to the Tree
Preservation Ordinance and shall be removed.
b)
Trees No. 20-31 shall be removed and
replaced at a 1 to 1 ratio to the
satisfaction of the City Planner prior to
occupancy.
c)
Trees No. 2-4 and 6-19 shall be preserved in
place or replaced with a tree species
approved by the City Planner at a 2 for 1
ratio where removal is necessary.
d)
One year after transplanting the trees, the
applicant shall submit a written report to
the City Planner from a qualified arborist
evaluating the health and condition of the
trees and making recommendations for their
care or replacement. The applicant shall be
responsible for replacing any trees as
recommended by the arborist within 90 days
of said report, in accordance with Rancho
Cucamonga Municipal Code Section
19.08.100. The applicant shall submit
documentation of the right-of-entry to
perform said work to the satisfaction of the
City Attorney prior to final map
recordation.
e)
All trees required to be preserved shall be
protected as required by Rancho Cucamonga
Municipal Code Section 19.08.110.
Construction barriers shall be installed to
the satisfaction of the City Planner prior
to the issuance of any grading or building
permits.
f)
All trees required to be preserved shall be
properly maintained in accordance with the
arborist's recommendations, including
watering and pruning, until final occupancy
release.
g)
Approval of this Tree Removal Permit 91-40
shall be valid for a period of 90 days,
subject to extension. The 90 days shall
start from the date of final map recordation
or grading permits, whichever comes first.
h)
The Planning Division (and, if applicable,
Engineering Division) shall be contacted
within 30 days of the planting of the trees
to conduct an inspection.
PLANNING COMMISSION RESOLUTION NO.
TT 14208 - RITTENHOUSE
June 8, 1994
Page 5
i) A detailed landscape and irrigation plan
shall be submitted to the Planning Division
which calls out the number, size, and
location of the heritage trees which are to
be preserved, as well as replacement
trees. Such plans must be approved prior to
issuance of any grading or building permits.
In addition, the original approval of Tree
Removal Permit 91-40 shall be modified as
follows=
j) The mature Coast Live Oak tree shall be
(Commission should select one of the
following options)=
preserved-in-place, prior to
occupancy, per the arborlets
recommendations, in particular, by
allowing no construction, or grading,
cut or fill within the drip line of
the tree, .except as is necessary for
street improvements.
ii)
relocated for preservation, prior to
occupancy, elsewhere within the
project in an area where improvements
will not interfere with the root
structure beneath the drip line.
Relocation shall be performed by a
qualified professional under the
supervision of a licensed arborist.
Prior to relocation, the tree shall be
properly prepared for transplanting as
recommended by an arborist.
-iii) removed and replaced in kind, prior to
occupancy, with a minimum 60-inch box
size standard nursery grown tree.
k) Any wood infested with longhorn borer
beetles shall be chipped, removed, and
buried at a dump site or tarped to the
ground for a minimum of six months, sealing
the tarp edges with soil, to prevent
emerging borer beetles from reinfecting
other trees or wood.
The recreation area (including amenities) shall
be completed prior to the release of occupancy
of the first unit.
PLANNING COMMISSION RESOLUTION NO.
TT 14208 - RITTENHOUSE
June 8, 1994
Page 6
4)
6)
7)
9)
10)
A Minor Exception will be required for any
combination block/retaining walls in excess of
6 feet, but less than 8 feet in height.
The Covenants, Codes and Restrictions for the
project shall include maintenance specifications
for any subdivision signage, interior lighting,
private street signage, and red curbing.
The developer shall make a good faith effort to
coordinate with the property owner to the north
and west to design a single common wall along
the shared property line. Co~ents from the
City of Upland shall be required prior to
approval of the project relative to the wall
design prior to the issuance of building
permits.
The proposed tot lot shall be enclosed with open
fencing or another barrier, as determined by the
City Planner, and include multiple play
equipment. The final design, location, and
amenities within the tot lot shall be reviewed
and approved by the City Planner prior to the
issuance of building permits.
The barbecue facility shall include amenities
such as, but not limited to, picnic benches and
tables, as determined by the City Planner. The
final design and location of the barbecue area
shall be reviewed and approved by the City
Planner prior to the issuance of building
permits.
Visitor parking signage shall be provided to
clearly delineate the location and purpose of
the parking spaces to the satisfaction of the
City Planner.
This approval is granted contingent upon
approval of the related request for Variance No.
94-03.
En~ineerin~ Division
1) Construct Base Line Road street improvements as
follows:
a)
An alignment study and striping plan shall
be approved by the City Traffic Engineer
which transitions from a 72-foot pavement
width and Major Arterial lane striping at
Alta Cuesta Avenue to a 64-foot pavement
PLANNING COMMISSION RESOLUTION NO.
TT 14208 - RITTENHOUSE
June 8, 1994
Page 7
b)
c)
width and Secondary Arterial lane striping
at the Upland city limits. The centerline
radius shall be 1,850 feet, minimum, end the
64-foot width and striping shall be utilized
west of the project entry. East of the
project entry, a 72-foot pavement width
shall be used, with the striping between the
project entry and Alta cuesta defining a
right turn lane into the project in addition
to the centerline transition and transition
in lane widths. The existing Base Line Road
improvement plans shall be revised to the
satisfaction of the City Engineer.
The existing curb and gutter on the north
side of Base Line Road shall be removed and
replaced across the project frontage and
that of Parcel No. 202-025-01 to the east,
to provide a 64-foot pavement width west of
the project entry and a 72-foot pavement
width east of the project entry, per the
approved alignment study. Curvilinear
sidewalk and street lights shall extend east
from the project driveway to meet the
existing improvements to the east. Off-site
parkway landscaping may be deferred until
development of the adjacent property. The
developer may request a Reimbursement
Agreement to recover the cost of
constructing off-site improvement from
future development as it occurs. West of
the project driveway, street lights and
parkway landscaping shall be installed, but
no sidewalk.
The existing curb, gutter, sidewalk, and
retaining wall on the south side of Base
Line Road, from the Upland city limits to a
projection of the project entry, shall be
removed and replaced, per the approved
alignment study. The existing City monument
sign shall be protected in-place. The
retaining wall shall be located so as not to
block the visibility of the monument sign.
The existing irrigation system shall be
relocated as needed and any damaged
landscaping replaced to the satisfaction of
the City Engineer. The developer shall
assume maintenance responsibility for the
altered landscape area for a minimum of
90 days after reconstruction before
returning it to City maintenance.
PLANNING COMMISSION RESOLUTION NO.
TT 14208 - RITTENHOUSE
June 8, 1994
Page 8
2)
3)
4)
The existing overhead utilities
(telecommunications, 66KV communications, and
electrical, except the 66KV electrical) on the
project side of Base Line Road shall be
undergrounded along the entire project frontage
extending to the first pole off-site (west and
east) prior to public improvement acceptance
or occupancy, whichever occurs first. The
developer may request a Reimbursement Agreement
to recover one-half the difference between
the undergrounding cost of the utilities
(telecommunications and electrical) on the
project side of the street minus those
(electrical) on the opposite side of the street
from future redevelopment as it occurs on the
opposite side of the street. Utility service
lines which cross Base Line Road shall be placed
underground or eliminated.
Provide access, drainage, and utility easements
over all project drive aisles in favor of the
adjacent "Not-A-Part" parcels: APN= 202-025-
01, 07, 08, and 12.
The developer shall make a good faith effort to
acquire the flag portions of "Not-A-Part" lots
APN= 202-025-07 and 08 for inclusion in the
project=
a)
If successful, a lot line adjustment shall
be recorded prior to or concurrent with the
final map.
b)
If not successful, separate final maps shall
be processed for non-contiguous Parcels 1
and 2, with the following additional
conditions=
i)
Obtain right-of-entry from the owners
of Parcel Nos. 202-025-07 and 08 to
construct the project's entrance drive
aisle;
ii)
Proposed private ingress/egress and
public utility easements to be granted
by the owners of Parcel Nos. 202-025-
07 and 08 to the development property
and to the owners of Parcel Nos. 202-
025-01 and 12 shall be recorded prior
to final map approval; and
iii)
Record a maintenance agreement,
allowing the developer to maintain the
upgraded portions of the two flag
lots, prior to final map approval.
PLANNING COMMISSION RESOLUTION NO.
TT 14208 - RITTENHOUSE
June 8, 1994
Page 9
6. The Secretary to thie Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 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 8th day of June 1994, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT:
COMMISSIONERS:
" DEPARTMENT OF
Ran g~
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT #:
SUBJECT:
APPLICANT:
LOCATION:
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 co.~l.~o.
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 lrom the date of approval,
2. DevelopmentSDesign Review shall be approved prior to / / _~j /
V/ 3. Approval of Tentative Tract No. /LI~.~' 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 Melio-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of
a fire station to serve the development. The station 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, the developer shall comply with all
applicable laws and regulations. The CFD shall be formed by the District and the developer
by the time recordation of the final map occurs.
Prior to recordation ol the final map or the issuance of building permits, whichever comes
first, the applicant shall consent to, or participate in, the establishment of a Melio-Roos
Community Facilities District lot the construction and maintenance of necessan/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 lira. Further, if the affected school
district has not formed a Melio-Roos Community Facilities District within twelve months trom
the date of approval of the project and prior to the recordation of the final map or issuance
of building permits 1or said project, this condition shall be deemed null and void.
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J 6.
This condition shall be waived if the City receives notice that the applicant and All affected
school districts have entered into an agreement tO privately accommodate any and all school
impacts as a resuit 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.
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B. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which
include site plans, architectural elevations, exterior materials and 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.
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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.
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Occupancy of the facility shall not commence until suchtime as all Uniform Building Code and
State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance. The building shall be inspected for compliance prior 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 ol building permits.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency pdor to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.), or prior to final map approval in the casa 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
Sheriff's Department (989-6611) prior to the issuance of building permits. Such plan shall
indicate style, illurninatlon, location, height, and method of shielding so as not to adversely
affect adjacent properties.
~/' 8. If no centralized Irash receptacles are provided, all trash pick-up shall be for individual units
with all receptacles shielded lrom public view.
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Trash receptacle(s) are required and shall meet City standards. The final design, toocartons,
and the number of trash receptacles shall be subject to City Planner review and approval
prior to issuance of building permits.
SC - 12/93
10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall I "
be located out of public view and adequately screened through the use of a combination ol I
concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City I
~'" 11. Streel 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.
1~' 12. All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and
weed control, in accordance with City Master Trail drawings, shall be submitted for City
Planner review and approval prior to approval and recordation ol the Final Tract Map and prior
to approval o! street improvement and grading plans· Developer shall upgrade and construct
all trails, including fencing and drainage devices, in conjunction with street improvements.
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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 ol keeping said animals without the necessity
of appealing to boards of directors or homeowners' associations 1or amendments to the
CC&Rs.
v'/ 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
pdor to the issuance of building permits, whichever occurs first. A recorded copy shall be
provided to lhe City Engineer.
v/ 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 for the purpose of assuming that each lot or / /
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of
a solar energy system. The easements may be contained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with the recordation ol the final map or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
shadows by vegetation, structures, lixtures or any other object, except for utility wires and
similar objects, pursuant to Development Code Section 17.08.060~G-2.
18. The project contains a designated Historical Landmark. The site shall be developed and
maintained in accordance with the Historic Landmark Alteration Permit No.
· Any further modifications to the site including, but not limited to, exterior alterations and/or
interior alterations which affect the exterior of the buildings or structures, removal ol landmark
trees, demolition, reiocatlon, reconstruction of buildings or structures, or changes to the site,
shall require a rtxxfification 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 lot 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 o! 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.
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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 pdor to issuance ol building permits.
/ / .,
Standard patio cover plans for use by the Homeowners' Association shall be su~3mitted for / /
City Planner and Building Official review and approval prior to issuance of building permits.
All roof appurtenances, including air conditioners and other roof mounted equipment and/or
projections, shall be shielded from view and the sound buffered from adjacenl 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.
/ /
D. Parking and Vehicular Access (indicate details on building plans)
v/' 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall
contain a 12-inch walk adjacent to the parking stall (including 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 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 el 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.
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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 o! building
permits.
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E. Landscaping (for publicly malmalned landscape areas, refer to Section N.)
/ 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 the case of a custom lot subdivision.
2. Existing trees required to be preserved in place shall be protected with a construction barrier
in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans.
The Iocatlonof 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 presewation, transplanting and trimming methods.
3. A minimum of J'/~' trees per gross acre, comprised of the following sizes, shall be provided
within the project: % - 48- inch box or larger, ~ 0 % - 36- inch box or larger,
I 1) % - 24- inch box or larger, at0 % - 15-gallon, and % - 5 gallon:
A rain!mum of % of trees planted within the project shall be specimen size trees -
24.inoh box or larger.
Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
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4 oft2
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Trees shall be planted in areas of public view adjacent to and along structures at a rate of one
tree per 30 linear feet of building, '
All private slope banks 5 leet or less in vertical height and of 5:1 or greater slope, but less than
2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for
erosion control. Slope planting required by this section shall include a permanent irrigation
system to be installed by the developer prior to occupancy.
AIIprivateslopesinexcessofSfeet,butlessthan8 feet inverticalheightandof2:1orgreater
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger
size shrub per each 100 sq. ft. ol 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 Ihdving condition by the developer until each individual unit
is sold and occupied bytbe 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 ownere are raspon-
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 thriving condition, and shall receive
regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the date of damage.
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.
sc- 12/93
The !inal 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 coordinated for consistency with any parkway landscaping plan which may be
required by the Engineering Division.
Special landscape tealures such as mounding, alluvial rock, specimen size trees, meander-
ing sidewalks (with horizontal change), and intensilied 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 ot building permits. These criteda shall encourage lhe natural
growth characteristics of the selected tree species.
17. Landscaping and irrigation shall be designed to conserve water through the principles of
Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code.
~.oml:,lcuon Dam:
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F. Signe
The signs indicated on the submitted plans are conceptual only and not a part of this approval.
Any signs proposed for this development shall comply with the Sign Ordinance and shall
require separate application and approval by the Planning Division prior to installation of any
signs.
2. A Uniform Sign Program for Ihis development shall be submitted for City Planner review and
approval prior to issuance of building permits.
Directory monument sign(s) shall be provided for apartment, condominium, or townhomes
prior to occupancy and shall require separate 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, pdor 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 ol 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
ix" 1. Emergency secondary access shell be provided in accordance with Rancho Cucamonga Fire
Protection District Standards.
',,,/ 2.
Emergency access shell be provided, maintenance Iree and clear, a minimumof 26feet wide
at all times dudng 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 temporal/water supply for
tire protection is available, pending completion of required tire protection system.
The applicant shall contact the U.S. Postal Service to determine the appropriate type and
location of mail boxes. Multi-family residential developments shall provide a solid overhead
structure for 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.
Comptcuon Dale:
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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 ot
Environmental Health and submitted to the Building Official prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1~63, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
1. 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 at the time of issuance ol relative permits. Please
contac~ the Building and Sstety Division for copies of the Code Adoption Ordinance and
applicable handouts.
Prior to issuance of building permits for a new residential dwelling unit(s) or major addition
to existing unit(s), the applicant shall pay development fees at the established rate. Such fees
may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems
Development Fee, Permit and Plan Checking Fees, and School Fees.
Prior to issuance of building permits for a new commercial or industrial development or
addition to an existing development, the applicant shall pay development fees at the
established rate. Such tees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
4. Street addresses shall be provided by the Building Official, atter tract/parcel map recordation
and prior to issuance of building permits.
J. E~lsting Structures
1. Provide compliance with the Uniform Building Code for the property line clearances
considering use, area, and fire-rasistiveness ol 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 facilities shall be removed, filled and/or capped to comply with the
Uniform Plumping Code and Uniform Building Code.
4. Underground on-site utilities are to be located and shown on building plans submitted for
building permit application.
K. Grading
f,'/ 1.
Grading ol the subject property shall be in acerdance with the Uniform Building Code, City
Grading Standards, and accepted grading practices. The linal grading plan shall be in
substantial conformance with the approved grading plan.
z/ 2. 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 ~,il erosion control boundaries; a Soil Disturbance
Permit is requirecl. 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 of rough grading permit.
4. A geological report shall be prepared by a qualified engineer or geologist ~ submitted at
the time of application for grading plan check.
5. The final grading plans shall be completed and approved prior to issuance of building permits.
SC-12/93
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~. As a custom-lot sul~:livision, the lollowing requirements shall be met:
a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site
drainage facilities rmce$sa~ for dewatenng all parcels to the satisfaction of the Building
and Safety Division prior to final map approval and prior to the issuance of gracting permits.
t). Appropriate easements for safe disposal of drainage water that are conducted onto
or ever adjacent parcels, am to be clearmated and recorded to t~ satisfaction c~ the
Building and Safety Division pmr to issuance of gracling and ~uilding permits.
c. Off-site drainage iml~ovements, rmcassa~' for dewatering and ~otecting the sulxiivicled
proporties, are to be installed prior to ismJance of t~Jilding permits for construction upon
any parcel that may be sul~jecl to drainage flows emering, leaving, or wittan a parcel
relative to wtach a bui~ing permit is requested.
Dam:
.._/ /
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__2 /~
d. F"mal grading plans for aact~ parcel are to be submitted to t~e Building and Safety -..-/ /
Division for approval prior to issuance of I~uik:ling anti grading pMmi~. (Thil may be on an
incremental or composite I~asie.)
e. All SlOpe banks in excess of S feet in vertlo~ ~e~ st~ be seaclec~ w~h ~ ~ ~ I,,.
or ~ w~h g~ ~ ~ver ~r ems~ ~mml u~ ~ ~ ~ ~ ~ o~
~iai. In a~ion a ~m '~ ly~ ~ H ~. ~ ~~
~s mt rerum t~ ~~ from ~ ~ t~ sm ~ ~
APFUCANT ~HALL CONTACT THE ENGINEERING DIVISION, (~]8) ~1~-1~ FOR COI/I~.IANCE
WITH THE FOllOWING CONDITIONS: ~
I. DedlMtlon and Vehicular &cce~
1. RigNs-of.way and easemen~ ~ be dedicated to the City for al ifitodM ~ streetl, ---/ .
community trails, public pasay. public ~ areas, s~re~ trees, and puOIM drainage
facilities as shown on the ~ and/or tentative map. Pdva~e l~l.,.I.48 fO~ rtofi-pul)ac
facilities (c~'oas-lOt drainage. local feeder trails, etc.) ~ be reserved as IJ~ on the plans
ancVor tentative map.
V/ 2. Dedication $1~111 be mlcle ol the rolowing ~-of-way on ~te pealmeW' ~tre~B / .
(measurecI from street Clfitldinl):
~fNt~n
3. ,in irrevo~,abieofferMcliclicatJon fOc -foolwidilt)idwiyetft.,j.'tlhllbemade /-
for all private streets o~ drives.
4. Non-veNcullrlccesSSh,~,l,beClld~:~lld to the C~ for the followmg strNts: .--/
S. R4c~rOcal access easements sl~ait Ix pmvicl~l ensuring access to all pan:els Oy CC&Rs
or Oy Ciel~'~ anti sr~ll I:)1 recofCled corlcurrently with I1~ rn~ M ~ tO the i~ulrt~ of
I=uilding permits, where no map is inv~lve(I.
6. Pdvate c~rainage easements for cross-lit drainage slyall De provideO ana $hati 0e delineated
or noted on the final map. :
7. The linal mad sl~all clearly delineate a 10-foot miramum 13uilding restriction area on the
neighDoting lot acljoining the zero Iol line wall ana contain tt~e folliwlng language'
'l/we hereby cleclicate to the City of Rancho Cucamonga tl~e rfgl~t to prohibit the
construction of (res~ential) 13uilclings (or other structures) within those areas clesignatecl
on the mal~ as Du//cling restr/ction areas.'
A maintenance agreement shall also 13e granted from each lot to the adjacent lit through the
CC&R's.
8. All existing easements lying within future rignts-ol-way sh~11 be quitclaimed or delineated on
the linal map.
9. Easements for pul=lic sMewalks and/or street trees I~aced outsMe tim pul~ic right-of.way
shall be dedicated to the City wfierever thay encroacft onto private property.
10. Aclditional street right.of-way shall be cledicated along right turn lanes, to I~Ovide a minimum
of 7 feet measured from me face of curbs. If curb aaiacent s,~ewak ~ used along the ~
turn lane, a parallel street tree maintenance easement shalt be provided.
11. The developer shall make a good faith effort to acquire tl~e required off-site I:m:)pl~ty interests
necessary to construct the requited pul~ic imDrovements, and il Im/sha shoula tail to cto so,
tim developer Shall, at least 120 clays Kxior to submittal of tim final ~ tot apomval, enter
into an agreement to compMte tha improvements ~uant to Government Co~ Section
66462 at such time as tim City acquires tha progerry interests required Ior tha irnl~mvemems.
Such agreement shall provide for 13ayment I~/tim cllvek~er of all costS incurr~l tW the City
to acquire the oil-site property interests re~luire<t in connection with the su13diviston. Security
for a DOffion of these costs sl~11 de in tha form ol a cash degosit in tim amount given in an
a13graisal regort olotained l~y tha developer, at develogefs cost. The al)graiser sitall have
been approved by the City prior to commencement ol tl~ al~raisal.
M. Street Improvements
¸2.
All public improvements (interior streets, drainage tacitties, commun~ trails, paseos,
~ficlscaped areas. etc.) shown on ttm I~m amir teNetire rnag shah IM constructea to
City Standaras. Interior street b~.o4e.,, e,dl ~ include, I=ut are nix limited to, oJ~ and
gutter, AC I~V~mem. ~ a~. SiCMwll~, stre~ lig1115. an~ street trees.
A minimum Of 26- Mot ~ pavement, wiU'dn · 40 -foot wide de<licatecl figl'a-of-way s~all t)e
constma. e<:l for all I~al-eectlon streets.
3. Construcl tl~ teaowing perimeter street improvements including, t~t not limited
v" ,/ ,/ / ,/
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OTHER
SC-12/93
Notes: (a) Meclian islancl inclucles lanclscaping and irrigation on meter. (1~} Pavement
reconstruction and overlays will be cleterminecl (:luring plan check. (c) If so ma.rked, s~le-
walk shall be curvilinear per STD. 304. (cl) If so markecl, an in-lieu of construct[on lee snail
be pmvidecl for this item.
Improvement plans ancl construction:
Street improvement plans incluc~ing street trees and street lightS, prepared by a regis-
terecl Civil Engineer, snarl be sul3mittecl to ancl a~rovecl by the City Engineer. Security
sitall be posted and an agreement executecl to the satisfaction of the City Engineer and
the City Attorney guaranteeing completion of tha pu131ic ancl/or pnvate street i~ve-
mehts, pnor to final rnap approval ortM issuance of I=uilcting permits, w!~ichever occurs
first.
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Prior to any work being perlomle~l in Ixlblic right-of-way, fees shall be paid and a
construction permit shall be o~ained from the City Engineers Office in addition to any
other permits required.
c. Pavement striping, marking, traffic, street name signing, and interconnect concluit
shall be installed to the satisfaction of the City Engineer.
Signal condu it with pull box es shall be installeel o n any new construction or reconstruction
of major, secondary or collector streets which intersect with other major, secondary or
collector streets for Mum traffic signals. Pull boxes shall 13e pllc~l on both sideS ot the
street at 3 feet out side of BC R, EC R or any other locations a13proved by the City Engineer.
Notes: --
(1) All pull boxes Shall be No. 6 unless othan~vise specified by the City Engineer.
(2) Conduit shall I:)e 3-inch galvanized steel with IxJIIropl.
Wheel chair rart~s Shall pe installed on all four comers of intersections I~er City
Standa~s or as clirected by the City Engineer.
_.J I
Existing City macIs re(N'inng constmclion shall remain open to traffic at all times with
adeduate detours during conslmction. A Stretl clo~Jm i~ermit may be recluired. A cash
cle13osit shall be I~Ovide(I to cover tha cost of grading ~ i~aving. whicfi Shall be
refunded u;on coml~ietion of tM c~tmction to tt~ satistactio~ o! tha City Engineer.
g. Concentratedclrainaglftows~'tallnotcrosssiclewalks. UnbersiClewakdralns Shall
installe I tO Cily. Stlfi~lr~l, excel! for single family IOtl.
h. Handica~ access ram~ design shall be as specified by tha City Engineer.
i. Street names ~hM be alNXOved by tha City Planner I;xtor to submittal for first Plan check-
Slreet imlxovement I~ans I~r City Slanclarcls for all 13rayate streets shall be proviC~ for
review anti alNXOval by the City Engineer. Pnor to any wo~( being pittermed on the I~-
vate streets, fees shall be l;~iCl and constmclion betmits shall be ol~taine(l from the City
Engineers Office ~n addition to any other permits recNirecl.
Street trees, a minimum of 1S-gallon size or larger, Shall be installl(113tr City Standards in
accorclance with tim Clty's sirsel tree ~ogram.
M /_
sc.t2/93
7. Intersection line of site tiesigns shall be rewewea by the C~ty Engineer for conformance w~n.
acioptecl policy.
a. On collector or larger streets. lines of s~ht shall be plotted lot all project interseclions,
including driveways. Walls, signs. and slopes slyall be located outsi~e tl~e lines el s~g~.'
Landscaping arid other obstructions within the lines of sight snail be approved by the City
Engineer.
b, Local residential street intersections shall have their noticeability improved, usually by
moving the 2 +/- closest street trees on each sicle away from the street and placed in a street
tree easement.
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8. A permit slyall be ol3tainecl from CALTRAN$ for any wed< within the following right-el-way: ~ /
g. All public improvements on the following streets shall be operationally complete prior to the
issuance o! building permits:
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N. Public Maintenance Areas
1. A separate set el landscape and irrigation plans per Engineering Public WoW Standards
shalt be submitled to the City Engineer for review and approval pdor to final map approval
or I~'dJance Of building permits, whichever occurs firstj Th& l~1o,,,~lg Ill~a~'~l~ iiaff'.-w3y$,
meaia~L Ila3e~,~. e&~e,,,g~t3, trails, or et,~e, ~re~l ~,re revigirad te WI intoaxial i,nto tl-e
,/
2. A signal consent and waiver form to join and/or form line appropriate Lanclscape and t.~,l~ing
Districts Shall be filed with lhe Citx E~ineer prior to lanai map approval or issuance at Iouilclir~
I~ermits whichever oCCUrs first. Formatari ~sts s~11 ~ I:~:1~ ~ t~ dlVelo~r.
3. AIr required public landscaping and irrigation systems shall De continuously maintaif~cl by the
developer until accepteel by the Cily.
~/ 4. Par~vvay landscaping on the tallowing street(s) Shall COnfOrm tO the results O! the respective
Beautilicat~on Master Plan: ]
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O. Drainage and Flood Control
1. The project (~' porttom tl'~emol) is Iocatl<l wilhm a Flood Haza,,,cl Zone; therefore, flood
protection mla~JreS ~ be ptovgl~l a~ cmlifiecl by a regisretool Civil Engineer and
2. It shall be ~ developer's reaponsibilily to have me current FIRM Zone
clesegna/ion removed from the projecl area. l'~e o~veloper's engmser shall prepare all
necessary reports, plan~. alXl hydrologic/l~yclr~,diC calculiliana. A Conclilional Letter
of MaD Revision (CLOMR) sl'tall be ol~tain~l from FEMA ~ to final mad aDl:xevai or
issuance el I~JilCling permits. whichever octurn first. A Letter el MaD Ray,ion (LOMR)
be issued t~y FEMA prior to occupancy or ~mprovemsnf acclplancl. w~icl~ver occurs first
A final drainage stu~ $11all be submitlecl to and aDprovecl by t~e City Engineer pnor to tin3,
map approval or the ,ssuance at t~uilcling perads. wnchever occurs first. All clra~nage
fac~libes shall De installe(~ as requ,red Dy the City Engineer.
SC.~2/g3
4. A permit from the County Flood Control District is requ~recl for wort< w~tmn ~s ng~t-ol-way.
5. Trees are prohibited within 5 feet of me outside cliameter of any public storm ~rain pq3e
measured from the outer edge of a mature tree trunk.
6. Public Storm drain easements shall be graded to convey overflows in the event of a
blockage in a sump catch basin on the public street.
P. Utilities
1. ProvUe seaarete utility services to eac~ pamel including sanitary sewerage system, water,
gas, electric power. tetel~nOne. anti ca131e 'IV (all unclerground) in accorclance with the Utility
Standards. Easements slyall be provicled as required.
._~2. The (:leveloDer slyall be responsible for the relocation of existing utilities as necessary.
3.Water and sewer plans shall be designed and constnJcted to meet ti'te requirements of the
Cucamonga County Water District (CCWD), Rancl~o Cucamonga Fire I:~otection District,
and the Environmental Health Department of the County of San Bernardino. A letter of
compliance !tom the CCWD is required prior to final mad approves or issuance of permits,
whichever occurs first.
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Q. General Requirements and Approvele
1. The separate parcels contained within the project Ix)unclartes slyall be legally coml~ined ~,~
one parcel prior to issuance of building permits.
2. Ar~ easement !or a joint use driveway shall be provided I:~or to final mad ~al or .---/ '
issuance of bulk:ling permit,S, whicl~ever occurs first, Ioc I~1[ o::I'PE.f ~ ~ u,l:=-'~/,4-Y'/
3. Prior to approval of the final map a deposit $1~111 be Dosted witll the City covering tl~e
estimated cost of aDDortiomng tl~e aSlessments uriclet Asselement District
among the newly created parcels.
4. Etiwanda/San Sevaine Area Regionel Mainline, Secondary Regional, and Master I=lan
Drmnage Fees shall be paicI i~'~or to final map apDroval or I:~ior to Ouik:ting permit is~u~ncl it
no map is involved.
__./ /
5. Permits shall be oOtain~l lrom ttte following agencies lot work within tl~i~ riglll-ol-wly:
6. A sigrtlCI I ~ ~ form to join allcl/or form ifil Law Enlorcement Comn~nily
Facilitie~ ~ stroll I~e ~ wi~h tt~ Cily Engine~ Ixior to tinal mad alX~oval o~ tl~
is,~Jal'tcl o~ I~uilClil'tg pal, ll~te, wfiicl'~ver occurs tires. Formation costs I~# ~ ~ ~ ~
Pnor to finaiization of any clevelol~nent pt~ase, sufficient iml:xovement I~lnl ~ I~e com-
pleted beyond tl~ I~ase Ix~nOanls to e$surl slconcla~f access an~t clrlinag113rotlction to
the satistact~on of tl'm City Engineer. Pl'tase I=ounclanes ~ co~resDond to lot lines slx~wn
on me aplxove<l tentative map.
/ /
SC 12/g3
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE DESIGN
REVIEW FOR TENTATIVE TRACT NO. 14208, FOR THE
DEVELOPMENT OF A 20-UNIT RESIDENTIAL DETACHED CONDOMINIUM
PROJECT ON 3.0 ACRES OF LAND IN THE MEDIUM RESIDENTIAL
DEVELOPMENT DISTRICT (8-14 DWELLING UNITS PER ACRE),
LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, WEST OF ALTA
CUESTA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 202-025-01, 04, 07, AND 08.
A. Recitals.
1. Mr. Ralph Rittenhouse has filed an application for the Design
Review of Tract No. 14208, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Design Review request is referred
to as "the application."
2. On June 8, 1994, the Planning Cor~ission of the City of Rancho
Cucamonga held a meeting to consider 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 Conunission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced meeting on June 8, 1994, including written and
oral staff reports, this Commission hereby specifically finds as follows:
a. That the proposed project is consistent with the objectives
of the General Plan; and
b. That the proposed design is in accord with the objectives of
the Development Code and the purposes of the district in which the site is
located; and
c. That the proposed design is in compliance with each of the
applicable provisions of the Development Code; and
d. That the proposed design, together with the conditions
applicable thereto, will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
PLANNING COMMISSION RESOLUTION NO.
DR 14208 - RITTENHOUSE
June 8, 1994
Page 2
3. Based upon the findings and conclusions set forth in paragraphs 1
and 2 above, this Commission hereby approves the application aubject to each
and every condition set forth below and in the Standard Conditions, attached
hereto and incorporated herein by this reference.
Planning Division
1)
The rear elevations of the Plans 2 and 3 shall be upgraded
to the satisfaction of the City Planner prior to the
issuance of building permits.
2)
Pilasters shall be introduced into the walls and fences
along the interior property lines.
3)
Real river rock shall be used on the wall pilasters and as
the accent material for the homes.
4)
A tile roofing material shall be used and specific tile
samples shall be submitted for review and approval of the
City Planner prior to the issuance of building permits.
5)
The southernmost visitor parking space on the cul-de-sac
bulb shall be relocated or eliminated.
6)
A strong pedestrian connection between units and common open
space areas shall be provided, to the satisfaction of the
City Planner.
7)
The project entry statement shall be strengthened with
accent landscaping, decorative paving, and special
architectural features. A "focal point" shall be created to
terminate the entry statement, to the satisfaction of the
City Planner.
s)
Garages shall be paired to create the appearance of larger
front yards, to the satisfaction of the City Planner.
9)
The proposed special paving material shall be reviewed and
approved by the City Planner prior to the issuance of
building permits.
10) All applicable conditions from the Resolution of Approval
for Tentative Tract 14208 shall apply.
11) This approval is granted contingent upon approval of the
related request for Variance No. 94-03.
4. The Secretary to this Commission shall certify the adoption of
this Resolution.
PLANNING COMMISSION RESOLUTION NO.
DR 14208 - RITTENHOUSE
June 8, 1994
Page 3
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 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 8th day of June 1994 , by the following vote-to-wit:
AYES:
COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
DEPARTMENT OF
eng COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT #:
SUBJECT: ~ ~ ~ ~ ~,g4'P.~
APPLICANT:
LOCATION:
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
S~- 12/93
Approval shall expire, unless extended by the Planning Commission, if building permits are
not issued or approved use has not commenced within 24 months lrom the date of approval.
Development/Design Review shall be approved prior to / /
Approv,. of 8 is gr nted subiect to the approval
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 Protection District to finance construction and/or maintenance of
a life 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
Distriot's property upon completion. The equipment shall be selected by the District in
accordance with its needs. In any building of a station, the developer shall comply with all
applicable laws and regulations. The CFD shall be formed by the District and the developer
by the time recordation of the final map occurs.
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 Facilities District Ior 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 aifemative, consent to the annexation of the
project site into the territo~ of such existing District prior to the recordation of the linal map
or the issuance ol building permits, whichever comes first. Further, il the affected school
district has not formed a Melio-Roos Community Facilities District within twelve months !rom
the date ot approval of the project and prior to the recordation ol the linal map or issuance
of building permits for said proiect, this condition shall be deemed null and void.
/ /
f 6.
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 linal 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 ot Community Development. Such letter must have been issued by the water
district within 90 days prior to linal map approval in the case of subdivision or prior to issuance
of permits in the case of all other residential projects.
B. Site Development
I. The site shall be developed and maintained in accordance with the approved plans which
include site plans, architectural elevations, extador 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.
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 ol the facility shall not commence until such time as all Uniform Building Code and
State Fire Marshalrs regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance. The buildincj shall be inspected for com131iance prior to
occupancy.
Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted Ior City Planner review and approval prior to issuance of building permits.
All site, grading, landscape, irrigation, and street irr~)rovement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.), or pdor 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 of the Development
Cede, 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
Sherifrs Department (989-6611) prior 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.
If no centralized trash receptacles are orovided, all trash pick-up shall be tor individual units
with all receptacles shielded from public view.
12/93
Trash receptacle(s) are required and shall meet City standards. The final design, locations,
and the number ol trash receptacles shall be subject to City Planner review and abproval
prior to issuance of building permits.
10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall
be located out of public view and adequately screened through the use o! a combination ol
concrete or masonry walls, herming, and/or landscaping to the satistaction ot the City
Planner.
C~mpleuon Date:
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11. Street names shall be submitted for City Planner review and approval in accor(~ance with
the adopted Street Naming Policy prior to apprOval of the final map.
~ 12. All building numbers and individual units shall be identitied in a clear and concise manner,
including proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and
weed control, in accordance with City Master Trail drawings, shall be submitted for City
Planner review and approval prior to approval and recordation ol the Final Tract Map and prior
to approval of street improvement and grading plans. Developer shall upgrade and construct
all trails, including lencing 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 ol keeping said animals without the necessity
of appealing to boards of directors or homeowners' associations 1or 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 lirst. 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 ol building permits.
17. Solar access easements shall be dedicated for the purpose of assuming that each lot or
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of
a solar energy system. The easements may be contained in a Declaration of Restrictions 1or
the subdivision which shall be recorded concurrently with the recordation of the final map or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
shadows by vegetation, structures, lixtures 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 tl~e Historic Landmark Alteration Permit No.
· Any lurther modifications to the site including, but not limited to, extedor alterations and/or
interior alterations which affect the extedor of the buildings or structures, removal of 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
v~ 1. An alternative energy system is required to provide domestic hot water for all dwelling units
12/93
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be
included in the building plans and shall be submitted for City Planner review and approval
prior tO the issuance of building permits.
All dwellings shall have the front, side and rear elevations upgraded with architeclurai
treatment, detailing and increased delineation of sudace treatment subject to City Planner
review and approval pdor to issuance of building permits.
Co'mp[euon Date:
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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 roof appurtenances, including air conditioners and other roof mounted equipment and/or
projections, shalt be shielded from view and the sound buffered Irom adjacent properties and
streets as required by the Planning Division. Such screening shall be architecturally
integrated with the building design and constructed to the satisfaction of the City Planner.
Details shall be included in building plans.
and Vehicular Access (indicate details on building plans)
1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall
contain a 12-inch walk adjacent to the parking stall (including curb).
Textured pedestrian pathways and textured pavement across circulation aisles shall be
provided throughout the development to connect dwellings/units/buildings with open spaces/
plazas/recrealional uses.
3. All parking spaces shall be double striped per City standards and all driveway aisles,
entrances, and exits shall be striped per City standards.
4. All units shall be provided with garage door openers if driveways are less than 18 feet in
depth from back of sidewalk.
The Covenants, Conditions and Restrictions shall restdct 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 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 the case ol a custom lot subdivision.
Complcuon Date:
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2. Existing trees required to be preserved in place shall be protected with a construction barrier / 1
in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans.
The location ol 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 ot the arborisrs
recommendations regarding preservation, transplanting and trimming methods.
3. Aminimumof ~ treespergrossacre,comprisedofthelollowingsizes, shall be provided -.--/ /
within the project: % - 48- inch box or larger, /O % - 36- inch box or larger,
IO % - 24- inch box or larger, ~ % - 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 lot every three / /
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
SC-12/93
Trees shall be planted in areas of public view adjacent to and along structu res at a rate of one
tree per 30 linear teet 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 tot
erosion control. Slope planting required by this section shall include a permanent irrigation
system to be installed by the developer prior to occupancy.
All private slopes in excess of 5 feet, but less than 8 feet in vertical height and ol 2:1 or greater
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger
size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In 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 thdving condition by the developer until each individual unit
is soidandoccupiedbythebuyer. Priortoreleasingoccupancyforthoseunits, aninspectlon
shall be conducted by the Planning Division to determine that they are in satisfactory
condition.
10. J;",~r R.l~tJ ~m~!y residential ~,,~ r, eq reoiee~tial de,elc~,,,cnt,.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 thriving condition, and shall receive
regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the date of damage.
11.
Front yard landscaping shall be required per the Development Code and/or
· This requirement shall be in addition to the required
street trees and slope planting.
12. The final design of the padmeter parkways, walls, landscaping, and sidewalks shall be
included in the required landscape plans and shall be subiect to City Planner review and
approval and coon:linated lot consistency with any parkway land_~c~_ping plan which may be
required by the Engineering Division.
13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander-
ing si~walks (with horizont~.l chaDgeL and intensified landscaping, is required along
14. Landscaping and irrigation systems required to be installed within the public right-of-way on
the padmater of this project area shall be continuously maintained by the developer.
15.
16.
All walls shall be provided with decorative treatment. If located in public maintenance areas,
the design shall be coordinated with the Engineering Division.
Tree maintenance criteda shall be developed and submitted for City Planner review and
approval prior to issuance of building permits. These criteria shall encourage the natural
growth characteristics of the selected tree species.
17. Landscaping and irrigation shall be designed to conserve water through the principles of
Xedscape as defined in Chapter 19.16 of the Ranc13o Cucamonga Municipal Code.
Ccm~,lcuon Da~:
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SC. 12/93
F. Signs
The signs indicated on the submitted plans are conceptual only and not a part o! 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.
A Uniform Sign Program for this development shall be submitted for City Planner review and
approval prior to issuance of building permits.
Directory monument sign(s) shall be provided for apartment, condominium, or Iownhomes
prior to occupancy and shall require separate application and approval by the Planning
Division pdor to issuance ol building permits.
G. Environmental
The developer shall provide each prospective buyer written notice ol the Fourth Street Rock
Crusher project in a standard lotmat 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 tor 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 ot the Foothill Freeway
project in a standard format as determined by the City Planner, pdor 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 ol 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
I~ 1. Emergency secondary access shall be provideq in accordance with Rancho Cucamonga Fire
Protection District Standards.
Emergency access shallbe provided, maintenance lree and clear, a minimum of 26 !eel 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 tor
fire protection is available, pending completion of required fire protection system.
The applicant shall contact the U.S. Pcstal Sewice to determine the appropriate type and
location of mail boxes. Multi-family residential developments shall provide a solid overhead
structure for 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~'aon Date:
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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 Oflioial prior to the issuance of Septic
Tank Permits, and prior to issuance ol building permit/s._.,...
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APPLICANT5 SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
f 1.
The applicant shall comply with the latest adopted Uniform BuiUing 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 ol 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 tees at the established rate. Such tees
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 clevelopment lees at the
established rate. Such lees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
4. Street addresses shall be provided by the Building Official, after tract/parcel rnap recordation
and prior to issuance of building permits.
J. Existing Structures
Provide compliance with the Uniform Building Code for the property line clearances
considering use, area, and fire-resistiveness of existing buildings.
Existing buildings shall be made to comply with correct building and zoning regulations tor
the intended use or the building shall be demolished.
Existing sewage disposal lacilities shall be removed, filled and/or capDeal to comply with the
Uniform Plumbing Code and Uniform Building Code.
K. Grading
Underground on-site utilities are to be located and shown on building plans sul~rnitted for
building permit application.
Grading of the subject properly 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
pedorm such work.
The development is located within the soil erosion control boundaries; a Soil Disturbance
Permit is required. Please contact San Bernardino County Department of Agriculture at (714)
387-2111 !or permit application. Documentation ot s~ch permit shall be submitted to the City
prior to the issuance ol rough grading permit.
SC- t2/g3
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.
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE 94-03 A
REQUEST TO REDUCE THE AMOUNT OF COMMON OPEN SPACE FOR A
PROPOSED 20-UNIT RESIDENTIAL DETACHED CONDOMINIUM PROJECT
ON 3.0 ACRES OF LAND IN THE MEDIUM RESIDENTIAL
DEVELOPMENT DISTRICT (8-14 DWELLING UNITS PER ACRE),
LOCATED ON THE NORTH SIDE OF EASE LINE ROAD, WEST OF ALTA
CUESTA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN~ 202-025-01, 04, 07, AND 08.
A. Recitals.
1. Mr. Ralph Rittenhouse has filed an application for the issuance
of Variance No. 94-03 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Variance request is referred to as
'the application."
2. On the 8th day of June 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 Co~mission 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 Comalission
during the above-referenced public hearing on June 8, 1994, including written
a~d oral staff reports, together with public testimony, this Commission hereby
specifically finds as
a. The application applies to property located on the north side
of Ease Line Road, west of Alta Cuesta Drive with a street frontage of
441.04 feet and lot depth of 501.44 feet and is presently improved with curb,
gutter and a on-site access along Base Line Road and 31 mature trees on the
property; and
b. The 3-acre subject property is part of a larger 5-acre
"island" of land which is oddly shaped.
c. The property to the north of the subject site is single
family and multiple family residential within the City of Upland, the property
to the south consists of single family dwellings, the property to the east is
vacant and a flood control channel, and the property to the west is a multiple
family residential development within the City of Upland; and
PLANNING COMMISSION RESOLUTION NO.
VAR 94-03 - RITTENHOUSE
June 8, 1994
Page 2
d. The application contemplates the development of 20 single
family detached homes at a density of 6.7 dwelling units per acre, with a
common open space area with amenities within the project boundaries; and
e. The variance for the reduction in common open space from
35 percent to approximately 25 percent is needed to construct an individual
lot single family detached subdivision on the property; and
f. The Development Code Table 17.08.040(c) requires 35 percent
common open space and 40 percent total open space (private + common) for
development in the Medium Residential Development District, Optional
Development Standards; and
g. The application contemplates only 25 percent common open
space area, but 27 percent of the net lot area as private open space for a
total open space percentage of 52 percent, well in excess of the 40 percent
total open space required by the Development Code; and
h. The application includes the three required minimum number of
common open space amenities per Ordinance No. 465.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs i and 2 above, this Commission hereby finds and
concludes as follows:
a. That strict or literal interpretation and enforcement of the
specified regulations would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of the Development code.
b. That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
property that do not apply generally to other properties in the same district.
c. That strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same district.
d. That the granting of the Variance will not constitute a grant
of special privilege inconsistent with the limitations on other properties
classified in the same district.
e. That the granting of the Variance 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 findings and conclusions set forth in
paragraphs 1, 2, and 3 above, this Commission hereby approves the application.
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
PLANNING COMMISSION RESOLUTION NO.
VAR 94-03 - RITTENHOUSE
June 8, 1994
Page 3
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 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 8th day of June 1994, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS=
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
June 8, 1994
Chairman and Members of the Planning Co~ission
Brad Bullet, City Planner
Beverly Luttrell, Associate Planner
CONDITIONAL USE PERMIT 94-14 - MR. C'S PIZZA - A request to expand
an existing pizza parlor with additional dining tables, pool
tables, and a game arcade into an adjoining vacant suite of 1,991
square feet in the Village Co~ercial District of the Victoria
Community Plan, located at 7270 Victoria Park Lane, Suite 2E -
APN: 227-111-41.
PROJECT AND SITE DESCRIPTION:
A. Site Characteristics: The site is presently developed with a shopping
center and gas station and is commonly known as Victoria Village.
B. Parking Calculations:
Number of Number of
Type Square Parking Spaces Spaces
of Use Footage Ratio Required Provided
Hair Salon 813 3/station 12 12
Video Store 826 1/250 '" 3 3
Dry Cleaners 1,486 1/250 6 6
Subway Sandwich Shop 1,290 1/100 13 13
Mini-Mart 1,036 1/250 4 4
Mr. C's Pizza 1,249 1/100 13 13
Proposed Expansion 1,991 1/100 20 20
Vacant 3,845 1/250 15 15
Additional Spaces 28
TOTAL 12,536 86 114
The parking lot expansion to the north of the shopping center provides
additional parking spaces which will accommodate the proposed use as well
as providing 28 vacant spaces which can acco~nodate the vacant square
footage in the center. Therefore, parking is adequate for the proposed
use.
ANALYSIS:
General: The applicant currently operates Mr. C's Pizza in 1,249 square
feet of leased space in the Victoria Village Shopping Center. They are
proposing to expand their current operation into the adjacent vacant
ITEM F
PLANNING COMMISSION STAFF REPORT
CUP 94-14 - MR. C'S PIZZA
June 8, ~994
Page 2
suite. The expansion will include eight pool tables and six additional
dining tables. A game arcade with approximately eight pinball machines
and eight video games is also being proposed. The proposed hours of
operation are from 3 p.m. to midnight, Monday through Friday and noon to
midnight on Saturday and Sunday. Current hours of operation are Sunday
through Thursday from 3 p.m. to 9 p.m. and Friday and Saturday from 3 p.m.
to l0 p.m. The number of employees working at the facility will remain
unchanged, with five working in the kitchen area and as food servers and
two employees as delivery persons.
Technical Review Committee: The Building and Safety Division, Fire
District, and Police Department were forwarded copies of the floor plan
and the letter from the applicant. These departments did not have any
comments regarding the proposal.
Rancho Cucamonga Middle School and Windrows Elementary School were both
contacted by mail regarding the game arcade and had no comment on the
proposal.
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 ~506~(b)(3).
RECOMMENDATION: Staff reco~ends that the Planning Co~ission approve
Conditional Use Permit 94-~4 through adoption of the attached Resolution.
City Planner
BB:BL/jfs
Attachments:
Exhibit "A" - Location Map
Exhibit "B" - Site Plan
Exhibit "C" - Expanded Parking Area
Exhibit "D" - Floor Plan
Exhibit "E" - Letter from Applicant
Resolution of Approval
FY OF '..~CHO:.~.~UCAMONGA
PLAN :NINC,~..D ..MSION
EXHIBIT: ~ SCALE:
CITY OF
RANCHO C~MO~A
PLANNI.NG D{VISION
ITF_..M: ~A~P I~j,I..J. II..J
TITLE: ~--) J"J'~-.
EXHIBIT: "~ SCALE:
CITY OF
RANCHO CLEA~
PLANNING DIVISi0N
~o^ I~
Project:
Title:
Exhibit:
CITY OF R~'~" '~~AMONGA
PLAI~I~ ON
Planning Commission:
I am current .ly operating a dine in. take out. piT?a restaurant. consisting of 1249 sq fl. In
order to enhance the dine in portion of thc business, I need to provide a service that win
attract customers to spend more time here. I believe the billiard tables to rent by the hour,
coin operated tables, video and pinban games and tclevisiom, win provide the
entertainment scrvicc. There are no shimilar activities withill afivc lt'file r~lius.
The adjacent space, 1991 sq fl, is vacant and ~vaihblc, ~nd by removing a six foot wall,
can readily be connected to the existing store. The hours of operation would be 3 pm -
12am. Monday thru Friday, and 12 noon-12am, Satuarday ~nd Sund~y. The business
would be staffed by a minimum of two employees mad a maximum for 7. Maximum
would occu~ on Fridays between 54. Less than 7 between 54 the rest of the week.~
Tlunk You, '
,/ ~ , ?~t
Frank Balchak
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIAv APPROVING CONDITIONAL USE
PERMIT NO. 94-14 FOR AN EXPANSION OF AN EXISTING PIZZA
PARLOR WITH ADDITIONAL DINING TABLES, POOL TABLES, AND
GAM~ ARCADE INTO AN ADJOINING VACANT SUITE OF 1,991
SQUARE FEET, LOCATED IN THE VILLAGE COMMERCIAL DISTRICT
OF THE VICTORIA SPECIFIC PLAN AT 7270 VICTORIA PARK LANE,
SUITE 2E, AND MAKING FINDINGS IN SUPPORT THEREOF
APN: 227-111-41.
A. Recitals.
1. Frank Balchak (Mr. C's Pizza) has filed an application for the
issuance of Conditional Use Permit No. 94-14, 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 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 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 at the
northwest corner of Victoria Park Lane and Base Line Road with a street
frontage of 743.73 feet and a lot depth of 350 feet and is presently improved
with a commercial shopping center; and
b. The property to the north of the subject site is a parking
lot expansion and existing Medium High residential beyond, the property to the
south is vacant property zoned Low Medium residential, the property to the
east is existing Low Medium residential, and the property to the west is the
existing Chevron Station and vacant beyond; and
c. The property is zoned Village Commercial by the Victoria
Community Plan; and
PLANNING COMMISSION RESOLUTION NO.'
CUP 94-14 - MR. C'S PIZZA
June 8, 1994
Page 2
d. The proposed Commercial Recreation use is an expansion of
an existing restaurant business and is conditionally permitted in the Village
Commercial District.
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, the Victoria Community Plan, and the
purposes of the district in which the site is located; and
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;
and
c. That the proposed use complies with each of the applicable
provisions of the Development Code and the Victoria Community Plan.
4. This Commission hereby finds and determines that the project
identified above in this Resolution is exempt from the requirements of the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, pursuant to Section 15061 (b(3) of the State CEQA
Guidelines.
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:
Plannin~ Division
1)
2)
3)
4)
Tenant improvement plans shall be submitted to
the Building and Safety and Planning Divisions,
as well as the Fire District, for review and
approval prior to occupancy.
Approval of this request shall not waive
compliance with all sections of the Victoria
Community Plan and all other City ordinances.
If the operation of the facility causes adverse
effects upon adjacent businesses or operations,
including but not limited to noise, the
Conditional Use Permit shall be brought before
the Planning Commission for the consideration
and possible termination of the use.
Any signs proposed for the facility shall be
designed in conformance with the Uniform Sign
Program for the complex.
PLANNING COMMISSION RESOLUTION NO.
CUP 94-14 - MR. C'S PIZZA
June 8, 1994
Page 3
6)
7)
S)
Approval shall expire, unless extended by the
Planning Commission, if the approved use has
not commenced within 24 months from the date of
approval.
A maximum of eight billiard tables will be
permitted for this facility.
Amusement devices shall be limited to eight
video games and eight pinball machines.
The following requirements shall apply to the
game arcade:
a)
One adult supervisor, 21 years of age or
older, shall be maintained at all times
during business hours for the game arcade.
b)
Change-making or token exchange facilities
shall be provided for patron use inside
the premises.
c)
Access to the game area must be from the
main entrance to the primary use and not
from a separate exterior entrance. The
rear exit shall be for "Fire Exit Only."
Adequate interior clear space shall be
provided for safe and convenient patron
circulation and shall meet the following
minimum standards:
(1)
Amusement devices shall be located no
closer than 12 inches from any wall
assembly separating the arcade from
any adjacent building or portion of a
building.
(2)
Provide a minimum of 60 inches
between amusement devices and any
entrance or exit.
(3)
Where amusement devices are located
along one side of an aisle, provide a
minimum unobstructed aisle width of
66 inches. Where amusement devices
are located along both sides of any
aisle, provide s minimum unobstructed
aisle width of 90 inches.
PLANNING COMMISSION RESOLUTION NO.
CUP 94-14 - MR. C'S PIZZA
June 8, 1994
Page 4
9)
10)
(4) Additional interior clear space may
be required by the Building Official,
Foothill Fire District, or Police
Department in order to maintain
public safety.
All signs on the exterior of the building or
visible from the outside, such as window signs,
shall require Planning Division approval in
accordance with the Sign Ordinance.
No amusement device shall be used for purposes
of or in connection with gambling. The winning
of anything of value shall constitute gambling,
except the winning of a prize in a scheduled
tournament.
11)
The walls, ceiling, or floor, or any
combination thereof, of the building or
structure, or portion thereof, shall be
insulated or otherwise constructed so that no
vibration that is detectable without the aid of
any mechanical device or instrument will be
allowed to be on the outer perimeter of the
arcade.
12)
This approval shall run with the applicant and
shall become void upon a change of ownership or
if the business operation ceases.
13)
The parking lot shall be posted "No Loitering"
in letters not less than i inch in height on
signs to the satisfaction of the City Planner
and the Police Department.
6. The Secretary to this Commission shall certify to the adoption
of this Resolution. ~
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Buller, Secretary
PLANNING COMMISSION RESOLUTION NO.
CUP 94-14 - MR. C'S PIZZA
June 8, 1994
Page 5
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 8th day of June 1994, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT:
COMMISSIONERS:
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA -
June 8, 1994
Chairman and Members of the Planning Co~nission
Brad Bullet, City Planner
Dan Coleman, Principal Planner
DEVELOPMENT CODE AMENDMENT 94-02 - CITY
STAFF REPORT
OF RANCHO
CUCAMONGA - A request for various streamlining amendments
to the development/design review procedures and land use
regulations.
INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-03 - CITY OF
RANCHO CUCAMO~GA - A request to amend the Land Use' Types,
Land Use Type Definitions, and the permitted and
conditionally permitted uses of various subareas.
FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 94-01 - CITY OF
RANCHO CUCAMONGA - -A request to amend the Land Use
Regulations for Subarea 1, 2, 3, and 4 regarding permitted
and conditionally permitted uses.
ETIWANDA SPECIFIC PLAN AMENDMENT 94-01 - CITY OF RANCHO
CUCAMONGA - A request to amend the Land Use Provisions
regarding permitted and conditionally permitted uses for
Office and Co~ercial Districts.
ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 94-01 - CITY OF
RANCHO CUCAMONGA - A request to amend the permitted and
conditionally permitted uses within the Neighborhood
Comercial District.
VICTgRIA COMMUNITY PLAN AMENDMENT 94-01 - CITY OF RANCHO
CUCAMONGA A request to amend the permitted and
conditionally permitted uses within the Office and
Co~nercial areas.
TERRA VISTA COMMUNITY PLAN AMENDMENT 94-02 - CITY OF
RANCHO CUCAMONGA - A request to amend the permitted and
conditionally permitted uses within the Office and
Co-~ercial areas.
SUBDIVISION ORDINANCE AMENDMENT 94-01 - CITY OF PJ%NCHO
CUCAMO~GA - A request to amend the time extension
provisions.
ITEMS G-N
PLANNING CO~24ISSION STAFF REPORT
STREAMLINING CHANGES - CITY OF RANCHO CUCAMONGA
June 8, 1994
Page 2
ABSTRACT: This report presents a package of amendments that, taken
together, will streamline the planning process.
BACKGROUND: Since incorporation, the City has strived to refine and
improve the planning process. Permitting procedures should be
periodically reviewed and updated to keep them in good running' order.
The process should be as simple to administer, and as economical in its
use of time, effort, and money, as possible - both for the applicant and
the City. However, pursuing efficiency cannot be allowed to compromise
the valid public purpose for which the Development Review process was
created. Likewise, efficiency must not be achieved at the expense of
effectiveness, fairness, and procedural due process.
In previous discussions, the Commission identified the following
objectives for streamlining the planning process:
OBJECTIVES
* TO simplify the process without compromising the quality of
development.
* To create greater efficiency in the process to allow the
Commission to focus on broader policy issues rather than details.
* To maintain a process that is timely, fair, and thorough.
ANALYSIS: There are three categories of changes that are recommended to
streamline the planning process:
Delegate greater permit approval authority to the City Planner. In
order to free-up Planning Commissio~ time to focus on broader
issues, many of the items that appear on their agendas could be
handled by staff instead. Specifically, non-construction
conditional use permits (CUPs), time extensions, and smaller
development/design review projects could be subject to City Planner
review and approval. This is common practice in many cities and
counties. All other permit entitlements would continue to be
processed as usual (see Exhibit "A").
2e
Amend zoning regulations regarding conditionally permitted uses.
Most of our regulatory documents, such as the Development Code and
the Industrial Area Specific Plan, are at least ten years old.
Experience has shown that many uses should not need a CUP process.
By making more uses permitted by right, rather than conditionally
permitted, the process can be expedited by eliminating the lengthy
public hearing process. For example, the great majority of CUP
requests do not involve construction; hence, they have not been
controversial.
PLANNING CO~ISSION STAFF REPORT
STREAMLINING CHANGES - CITY OF RANCHO CUCAMONGA
June 8, 1994
Page 3
Shorten the review process. The Development Review process can be
shortened for public hearing items (i.e., subdivision, CUPs) by
reducing the period for Technical/Grading/Design Committee review of
plans and prescheduling times for hearing. Such a change requires
adjustment in staff's procedures and would not require an ordinance
amendment. Also, by delegating permit approval to the City Planner,
approvals could be granted in about half the time than projects
requiring Commission action. In some cases, shortening the time
frames for review may result in some technical issues being
conditioned for resolution during plan check.
~CO~MENDATION: Staff recommends that the Planning Commission recomnend
approval of the streamlining amendments to the City Council through
adoption of the attached Resolutions.
Respectfully submitted,
Brad Buller
City Planner
BB:DC/jfs
Attachments:
Exhibit "A" - Permit Summary
Resolution of Approval for DCA 94-02
Resolution of Approval for ISPA 94-03
Resolution of Approval for FBSPA 94-01
Resolution of Approval for ESPA 94-01
Resolution of Approval for ENSPA 94-01
Resolution of Approval for VCPA 94-01
Resolution of Approval for TVCPA 94-02
Resolution of Approval of Subdivision Ordinance
Amendment 94-01
PERMIT SUMMARY
Delegate Permit Approval Responsibility As Follows:
Permit Current Proposed
General Plan Amendment
Zone Change
Tentative Tract Map
Parcel Map
Conditional Use Permit
Non-~onstruction CUP
Development Review (> 10 acres or on major arterial street)
Development Reviaw (< 10 acre~
and not on ~ajor a~cerial street)
Minor Development Review
Variance
Minor Exception
Ti~e Extensions
Uniform Sign Programs
Council
Council
Commission
Commission
Commission
~mm~Ssion
Commission
Commission
Staff
commission
Staff
Commission
Staff
No Change
No Change
No Change
No Change
No Change
Staff
No Change
Staff
No Change
No Change
No Change
Staff
No Change
EXHIBIT "A"
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
DEVELOPMENT CODE AMENDMENT 94-02 AMENDING TITLE 17 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Development Code Amendment No. 94-02, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Development Code
Amendment is referred to as "the application."
2. On the 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
and
the environment.
The application applies to property located within the City;
The proposed amendments will not have a significant impact on
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs I and 2 above, this Commission hereby finds and
concludes as follows:
a. That 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
b. That the proposed amendment is consistent with the objectives
of the Development Code; and
PLANNING COMMISSION RESOLUTION NO.
DCA 94-02 - CITY OF RANCHO CUCAMONGA
June 8, 1994
Page 2
c. That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds that the project has been prepared
and reviewed in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, and further,
specifically finds that based upon substantial evidence, it can be seen with
certainty that there is no possibility that the proposed amendment will have a
significant effect on the environment and, therefore, the proposed amendment
is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3).
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga
hereby recommends approval of Development Code Amendment 94-02 to modify the
Municipal Code per the attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Buller, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 8th day of June 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
CUCAHONGA ADOPTING DEVELOPMENT CODE AMENDMENT NO. 94-02,
AMENDING THE DEVELOPMENT CODE TO STREAMLINE THE
DEVELOPMENT REVIEW PROCESS, AND MODIFYING THE LAND USE
REGULATIONS FOR COMMERCIAL/OFFICE DISTRICTS, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The purpose and intent of this Ordinance is to streamline the
review process for various development permits. The Development Code of the
City of Rancho Cucamonga currently provides regulations for land use and the
review of new development permits. Prior to the adoption of this Ordinance,
this Council has had available and reviewed a detailed study prepared by a
consultant with respect to the development review process. The general
summary of the study is that the customers (developers, business owners,
homeowners, etc. ) are concerned with the length of time required to complete
the process. This Council hereby finds and declares its intent:
a. That the review process should be simplified without
compromising the quality of development.
b. To create greater efficiency in the process to allow the
Planing Commission to focus on broader policy issues.
c. To maintain a process that is timely, fair, and thorough.
2. On June 8, 1994, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing concerning the above
referenced Development Code Amendment and, following the conclusion thereof,
adopted its Resolution No. 94- , recon~ending that the City Council of the
City of Rancho Cucamonga adopt these amendments.
3. On , 1994, the Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Development Code.
4. All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as
follows:
SECTION 1: The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 2
SECTION 2. The City Council of the City of Rancho Cucamonga hereby
finds that this amendment is established and adopted to protect and promote
the public health, safety, morals, comfort, convenience, welfare; and more
particularly;
1. To implement the goals and objectives of the General Plan and to
guide and manage the future growth of the City in accordance with such plan;
2. To protect the physical, social, and economic stability of
commercial, office and other land uses within the City to assure its orderly
and beneficial development;
3. To reduce hazards to the public resulting from the inappropriate
location, use, or design of buildings, and other improvements; and
4. To attain the physical, social, and economic advantages
resulting from comprehensive and orderly land use and resource planning.
SECTION 3. The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality act of 1970, as amended, and the Guidelines
promulgated thereunder, and furtherL specifically finds that, based upon
substantial evidence, it can be seen with certainty that there is not
possibility that the proposed Ordinance will have a significant effect on the
environment and therefore, the proposed Ordinance is exempt pursuant to State
CEQA Guidelines Section 15061 (b) (3).
SECTION 4. Section 17.02.050 is hereby amended to add a new
subsection 6 to read as follows=
Authority. The City Planner shall exercise that authority set
forth in ~overmeent Code 65900 et seq. and as set forth
hereafter.
SECTION 5. Section 17.02.100, subsection B, is hereby amended to
read as follows=
Extensions. An extension may be $~ granted by the City
Planner for lapse of approval for projects described in the
previous subsection. ~9~ ~~ ~ ~ ~ ~9
~~/ Extensions may be granted in twelve (12) month
increments and not to exceed a total of four (4) years from the
original date of approval, unless otherwise provided for hy
state law. All requests for extensions should be filed with the
City Planner as least ~$~ [~[ thirty (30) days prior to the
expiration date. The City Planner ~ ~g~$~ ~~ may
extend the approval of a project if ~ he finds that there ~
have been no significant changes in the Land Use Element,
Development Code, or other applicable specific/community plan,
character of the area within which the project is located, or
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 3
current pla-ning policy or past practice that would cause the
approved project to become inconsistent or non-conforming.
Also, ~ granting of an extension should not be detrimental to
the safety or welfare or materially injurious to properties or
improvements in the vicinity. If the City Planner finds that
there is significant change, the City Planner shall refer the
extension request to the Planning Couission for consideration.
SECTION 6. Section 17.02.110 shall be amended to read as follows:
Section 17.02.110
Public Hearings and Notification
General. A public hearing shall be held prior to action by the
City Planner, Planning Commission, or City Council in any of the
following cases. These public hearings are conducted in order
to encourage public participation and discussion.
1. Any change in the text of this title and/or General Plan.
2. Any change in the District Map.
3. As specifically r~quired by state law (i.e., tentative
tract and parcel map, conditional use permits, variances).
As determined necessary or desirable by the City Planner,
Commission, and/or Council upon the adoption of a
resolution setting the time and place for a public hearing.
5. Apartments and/or multi-family projects of four (4) units
or more.
Authority to Notice Hearinas. The City Planner is hereby
authorized to advertise and to notice a public hearing as
provided in this part for the Planning Commission or City
Planner and the City Clerk for the Council when required by this
title or when such hearing is considered desirable or necessary
in order to carry out the purpose of this title.
C. Notice of Filing.
Standard Notice Requirement. At such time as an
application for a project which requires s public hearing
before the City Planner or the Planning Commission is
deemed complete for processing, the City Planner shall
cause notices to be posted conspicuously on the project
site not more than 300 feet apart along project perimeter
fronting on improved public streets. Each notice shall
contain a general description of the project and a copy of
any proposed subdivision map or site plan. Such notices
shall have the following title in lettering not less than
one (1) inch in height: "NOTICE OF FILING."
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 4
2. Supplemental Notice Requirements.
APPlicabilitY= In addition to standard requirements,
large 4-foot by 8-foot sign or signs shall be required
to be posted at the project site for development
related projects in any one of the following
circumstances=
(1)
The proposed development is an infill project
with a higher intensity land use than that of
the existing neighborhood; or,
(2) The proposed infill project requires a General
Plan land use amendment; or,
(3) The proposed infill project requires an EIR; or,
(4)
As determined to be necessary and desirable by
the City Planner based on the nature of the
proposed project. For large projects, the City
Planner may determine that more than one sign is
necessary.
The purpose of the supplemental large sign notice
requirement is to notify the community and the neighbors in
the affected area early in the review process, allowing the
applicant and the City the benefit of citizens' comments
during the initial stages of project review.
If it is determined upon initial submittal that a large, 4-
foot by 8~foot notification sign(s) is necessary, the
applicant shall be notified of required sign bonding fees
and sign permit filing requirements within 30 days as part
of the City's Notice of Complete Application. A $500 cash
deposit is required to ensure compliance with the
Supplemental notification requirements including
maintenance and removal of the large notification sign.
The project application shall not be deemed complete until
the large sign is installed and required cash deposit made.
Sion Criteria/Maintenance. In order to implement the
large signs as an effective form of public
notification, the following rules and standards shall
apply:
(1)
Sion Size and Specifications. All large sign(s)
shall be four feet by eight feet (4' x 8') in
size and be constructed to the specifications of
Figure 1. The specific project information text
on the sign shall be provided by the Planning
Division.
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 5
(2)
Location and Installation Standards. All large
sign(s) shall be installed according to the
specifications of Figure 2. The location for
the sign(a) on the project site shall be
determined by the City Planner.
(~)
Timinq. All large notification sign(s) shall be
installed by the applicant at the project site
in accordance with the above criteria. Once the
project application is deemed complete and all
notification sign(s) inatalled per City
standards, the project will be scheduled for
Design and Development Review Committee
meetings.
(4)
Sian Removal and Maintenance. All large sign(s)
must be kept adequately maintained and remain in
place until the final decision on the
application has been made or the application is
withdrawn. All large sign(s) shall be removed
by the applicant within fourteen (14) days of
the final decision or date of withdrawal.
Failure to remove the sign within the prescribed
period may result in forfeiture of the cash
deposit and removal of the sign by the City.
Notice of Hearina. At least ten (10) days before the public
hearing of a project requiring a public hearing, the City
Planner shall cause notice of the time and place of the public
hearing on the project to be given in the following manner=
By publication once in T~ ~d~ ~F~ The Inland Valley
Da£1v Bulletin, a newspaper of general circulation within
the City of Rancho Cucamonga.
By mail or delivery to all persons, including businesses,
corporations or other public or private entities, shown on
the last equalized assessment roll as owning real property
within 300 feet of the property which is the subject of the
project.
By posting notices conspicuously on the project site not
more than 300 feet apart along project perimeter fronting
on improved public streets. Each posted notice shall
contain a general description of the project and a copy of
any proposed subdivision map or site plan. Said posted
notices shall have the following title and lettering not
less than one (1) inch in height: "PLANNING COMMISSION
HEARING" or "PUBLIC HEARING."
Supplemental Notice Requirements. Additional public
notification beyond the standard 300-foot boundary shall be
O-/Vll
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 6
Eo
required for a development related project as determined by
the City Planner in any one of the following circumstances=
ae
The proposed development is a residential infill
project with a higher intensity land use than that of
the existing neighborhood; or,
b. The proposed residential infill project requires a
General Plan land use amendment; or,
c. The proposed residential infill project requires an
EIR; or,
As determined to be necessary and desirable by the
City Planner based on the nature of the proposed
project.
In determining the boundaries of the expanded notification
area, the following criteria shall be used.
(a)
(b)
The expanded area may be directly affected by the
proposed project due to proposed or established
circulation and drainage patterns, or access, view,
grading, or other similar considerations; or
The expanded area is an integral part of the affected
neighborhood or subdivision.
If it is determined upon initial submittal that
supplemental notification is necessary, the applicant
shall be notified, within 30 days as part of the
City's Notice of Complete Application, of expanded
notification area to be included in the mailings, and
shall be required to submit three (3) sets of gummed
address labels based on the latest equalized tax
assessors rolls for the expanded area. The
application shall not be deemed complete until the
labels have been submitted.
Other Notice Requirements. Notices required by this section
shall be in addition to any other or different notice required
by other provisions of this code or by state law, provided,
however, that nothing therein shall require separate notices to
be given if the same notice will satisfy the requirements of
this section and any other applicable section of this code or
state law.
Effect of Failure to Give Notice. No action, inaction, or
recommendation regarding any project by the City Planner,
Planning Commission, or City Council shall be held void or
invalid or be set aside by any Court by reason of any error or
omission pertaining to the notices, including the failure to
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 7
give any notice required by this section, unless the Court after
an examination of the entire case shall be of the opinion that
the error or omission complained of was prejudicial, and that by
reason of such error or omission the party complaining or
appealing sustained and suffered substantial injury, and that a
different result would have been probable if such error or
omission had not occurred or existed. There shall be no
presumption that error or omission is prejudicial or that injury
was done if error or omission is shown.
SECTION 7. Section 17.04.030, subsection G, shall be amended to read
as follows:
G.
Revisions/Modifications. Revisions or modifications of
Conditional Use Permits can be requested by the applicant.
Further, the Planning commission may periodically review, modify
or revoke a Conditional Use Permit.
Revisions/Modifications by applicant. A revision or
modification to an approved Conditional Use Permit such as,
but not limited to, change in conditions, expansions,
intensification, location, hours of operation, or change of
ownership, may be requested by an applicant. Such request
shall be processed as described in Sections 17.04.030-C
through F. The applicant shall supply necessary
information as determined by the City, to indicate reasons
for the requested change.
Per£od£c Review. ~ ~ ~~/ The Planning
Commission may periodically review any Conditional Use
Permit to ensure that it is being operated in a manner
consistent with conditions of approval or in a manner which
is not detrimental to the public health, safety, or
welfare, or materially injurious to properties in the
vicinity. If, after review, the Cow~ission deems that
there is sufficient evidence to warrant a full examination,
then a public hearing date shall be set.
Modification or Revocation. ~ ~ ~ ~$~l
After setting a date for public hearing as described in
Subsection 2 above, the City Planner shall notify the
applicant and owners of the CUP in question. Such notice
shall be sent by certified mail and shall state that the
Commission will be reviewing the CUP for possible
modification or revocation. It shall also state the date,
time and place of hearing. The public hearing shall be
conducted and notice given in accordance with Section
17.02.110.
The City Planner shall fully investigate the evidence and
prepare a report for the Commission's consideration. Upon
conclusion of the public hearing, the Commission shall
render a decision to do one of the following measures:
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 8
ao
be
Find that the CUP is being conducted in an appropriate
matter and that no action to modify or revoke is
necessary; or,
Find that the CUP is not being
appropriate manner and that
conditions are necessary; or,
conducted in an
modifications to
Find that the CUP is not being conducted in an
appropriate manner and that modifications are not
available to mitigate the impacts and therefore
revokes the permit which requires the operation to
cease and desist in the time allotted by
the Commission.
If the Planning Commission either modifies or revokes a
CUP, then they shall state reasons for such action within
the resolution.
New ADmlications followin~ Denial or Revocation. Following the
denial or revocation of a Conditional Use Permit application, no
application for a Conditional Use Permit for the same or
substantially the same use of the same or substantially the same
site shall be filed within one year from the date of denial or
revocation.
SECTION 8. Section 17.04.035 is hereby added to read as follows:
Section 17.04.035 Non-Construction Conditional Use permits
Authority Where there is no exterior construction involved, the
City Planner is authorised to grant or deny Conditional Use
Permits in accordance with the procedure in Section 17.04.030
and i~pose reasonable conditions. If in the opinion of the City
Planner the application involves unusual requirements or raises
questions of land use policy substantially more significant than
generally pertain to such application, the City Planner may
refer the application to the. Planning Comission for
consideration.
Public Hearing. The City Planner shall hold a public hearing on
each application for a Non-construction Conditional Use
Permit. The hearing and notice shall be set and notice shall he
given as prescribed in Section 17.02.110 Public Hearings.
Revisions/Modifications. Revisions or ~odifications of Non-
Construction Conditional Use Permits can be requested by the
applicant and approved or denied by the City Planner. Further,
the City Planner may periodically review, modify or revoke a
Non-construction conditional Use Permit in accordance with the
procedures of Sections 17.04.030.G.
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 9
SECTION 9. Section 17.06.010, subsection C, is hereby amended to
read as follows=
C. Authority
Plannin~ commission Review: Development/Design Review
applications which meet any of the following criteria shall
require review and consideration by the Planning
Commission:
(a)
Any project being proposed along a Special Boulevard
as defined by the General Plan, except for structures
within projects with an approved master plan as
provided for in subsection (b) below.
(b)
All projects which are master planned. Once the
master plan, including architectural guidelines, has
been approved by the Planning Commission, individual
structures may be approved by the City Planner.
(C) All residential subdivisions.
(d)
All shopping centers, except individual structures
be approved by the City Planner where a master plan,
including architectural guidelines, has been approved
by the Planning Commission.
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 10
(e) Any project requiring an Enviromnental Impact Report
(EIR) or Environmental Impact Statement (ELS).
(f) All projects of more than ten (10) acres of land.
(g) Certain projects within a hillside area are subject to
review pursuant to Section 17.24.020.B.
The Planning Conunission is authorized to approve or deny
applications and to impose reasonable conditions upon such
approval, subject to the right of appeal. Conditions may
include, but shall not be limited to requirements for open
spaces, screening and buffering of adjacent properties,
fences, and walls~ requirements for installation and
maintenance of landscaping and erosion control measures~
requirements for street improvements and dedications,
regulation of vehicular ingress and egress, and traffic
circulation~ regulation of signs~ regulation of hours or
other characteristics of operation~ requirements for
maintenance of landscaping and other improvements~
establishment for maintenance of landscaping and other
improvements~ establishment of development schedules or
time limits for performance or completion~ and such other
conditions as the Commission may deem necessary to ensure
compatibility with surrounding uses, to preserve the public
health, safety, and welfare, and to enable the Commission
to make the findings required by Section 17.06.020-F.
City Planner Review= Development/Design Review
applications which do not require Planning Commission
review as described above shall be subject to review and
approval by the City Planner. Although, if in the opinion
of the City Planner the application involves unusual site
development requirements or unique operating
characteristics, or raises questions of development policy
substantially more significant than generally pertain to
applications for develol~ent review and which require
Planning Commission consideration, the City Planner
refer the application to the Planning Commission.
The City Planner may, contingent upon environmental
clearance by the Planning Commission, grant approval or
grant approval in a modified form or subject to conditions,
or may deny the application. Conditions may include, but
shall not be limited to~ requirements for open spaces,
screening and buffering of adjacent properties, fences and
walls; requirements for installation and maintenance of
landscaping and erosion control measures; requirements for
street improvements and dedications, regulation of
vehicular ingress, egress, and traffic circulation~
regulation of signs~ regulation of hours or other
CITY COUNCIL ORDINANCE NO.
DCA 94-02 - STREAMLINING DEVELOPMENT REVIEW PROCESS
July , 1994
Page 11
characteristics of operation; requirements for maintenance
of landscaping and other improvements; establishment of
development schedules or time limits for performance or
completion; and such other conditions as the City Planner
may deem necessary to insure compatibility with surrounding
uses, to preserve the public health, safety, and welfare,
and to enable the City Planner to make the findings
required by Section 17.06.0~10-F.
3o
The ~,~/ Technical, Design, and Grading Review
Committees are hereby established to be advisory to the
Planning Commission and the City Planner. ~ ~ ~
SECTION 10. Section 17.06.010, subsection E, second paragraph, is
hereby amended to read as follows:
E.I. Development/Design Review Procedure
2.II. All development proposals submitted pursuant to this
Section are initially reviewed by the ~~/
Technical, Design, and Grading Committees: (1) Design
Review Committee - architecture and site planning; (2)
Grading Committee - grading and drainage; and (3)
~~ Technical Review Committee ~ compliance with
technical code requirements. Each committee shall make a
recommendation on each project for consideration by the
Planning Commission or City Planner, if applicable.
SECTION 11. Section 17.10.030, Table 17.10.030 Use Regulations For
Commercial/Office Districts, subsections A through E, are hereby amended to
read in words and figures as set forth in Exhibit "A" attached hereto and
hereby incorporated by reference.
SECTION 12. Section 17.04.050, subsection D, is hereby amended to
read as follows:
Do
Notification. The City Planner shall notify the applicant and
contiguous property owners and other interested parties by
¢~ mail ten (10) days prior to the ~$~ ~;~ decision
Minor ~xcepti~n request. Said notice shall state the following:
1. Requested action
2. Location of requested action
3. Name and address (parcel and lot nu~ber) of applicant
4. Date after which a decision will be made on application
5. Name of City Planner and telephone number of City Hall.
Ce
General Commercial District (GC): This district is intended for general
commercial activities and services of a more intensive nature. These uses would
be located primarily along major transportation routes and would include major
shopping facilities, major service-oriented uses, major financial and corporate
headquarters which are designed to serve the City or the region as a whole.
Section 17.10.030
Use Re~dstio~s
Uses listed in Table 17.10.030 shall be allowable in one or more of the commercial
districts as indicated in the columns beneath each commercial district. Where indicated
with the letter "P", the use shall be a permitted use in that district. Where indicated
with the letter "C", the use shall be a conditional use subject to the Conditional Use
Permit process. In the event there is diffieulty in eategorizing a given use in one of the
districts, the procedure outlined in Section 17.02.040 shall be followed.
TABI.,K 17.10.030 USE RKOULATIONS FOR COMidRRCIAL/OFFICE DISTRIC"I~
OSg OP NC GC
A. Offices and Related Uses
1. Administrative and executive offices.
P P P
2. Artist and photographic studios, not P P P
including the sale of equipment oe
supplies.
3. Clerical and professional offices. P P P
4. Financial services and institutions~/~¢/~,~ P P P
5. Medical, dental and related health P P P
services (non-animal related) including
laboratories and elinios; only the sale of
articles clearly incidental to the services
provided shah be permitted.
6. Prescription pharmacies, (Atto when
lcoated within a building containing the
offices of 5 or more medical praetiUoners)
7. Public buddings (~, city and county
buildings, special districts and post
office).
P P P
P P P
8. Public utility service offices.
9. Public safety facility (police,
ambulanee and paramedics).
fire,
P P P
C C C
Section 17.10.030
USE
10.
Related commercial uses (blueprintin~,
st~ionary, quick copy, etc.) when
incidental to an office buildin~ or
complex.
B. General Commercial Uses
1. Antique shops
2. Adult business (see special requirements
per Section 17.10.030)
OP NC GC
P P P
P P
- C
Animal Care
veterinarian,
grooming).
Facility (animal hospital,
commercial kennel,
(a) Excluding exterio~ kennel, pens, or
run~o
(b) Including exterior kennel, pens, or
rui~.
4. Apparel stores.
5.
Art, music and photographic studios and
supply stores.
Appliance stores and repair.
Arcades (see special requirements per
Section 17.10.030 F.)
8. Athletic and Health Club, gyms and
weight reducing eUnies.
9. Automotive ~ s~erviees (including
motorcycles', boats, trailer and camper)
(a)
(b)
(e)
(d)
(e)
sales
rentals
repairs ('m~& tngine work, muffler
shops, painting, body work and
upholstar~)
Coin-op washing
Automatic washing
C P P
C
- p P
,~ P
C C
P P P
C
C
C
C
~c
C
C
C
Section 17.[0.030
10.
11.
12.
(f)
Service or gasoline dispensing
stations (including minor repair
such as tune-ups, brakes, batteries,
tires, mufflers)
OP NC GC
C C P
(g) Parts and supplies · - P P
Bakeries (retail only). - P P
Bsrber and beauty shops. P P P
Bicycle shops. - P p
P P P
13. Blueprint and photocopy services
~ B~t~fn er se 'co3.
15. Book, gift and stationary stores (other
than adult related material).
16. Candy stores and eonfeetionaries.
17. Catering establishments.
18. Cleaning and pressing establishments.
19. Carpenter shop or cabinet shop.
20. Cocktail lounge (bar, lounge,
including related entertainment.
(a) Operated independent
restaurant
(b) Accessory to a restaurant
21. Commercial recreation facilities.
(a)
tavern)
of a
Indoor uses. such as bowling,
theaters, bilkards,
P P
- p P
C
- C
C C C
C C P
C C
(b) Outdoor uses such as golf, tennis, C
basketball, baseball, trampolines,
etc.
Go~l~,aetor~-Yar~ds (s~ 'ng o ~ ~
' stora}~equired~. --"
23. Dairy product stores. - P P
- F
Section 17.10.030
U~E OP
24. De~part ment stores. -
25. Drive-in businesses, including theaters. -
(other than fast food restaurants)
26. Drug stores and pharmacies. //~
27. Equipment rental yards. ~;~*' -
28. Fa~t-food restaurants ' C
29. Feed/Tack stores -
30. Florist shops. P
31. Food stores and supermarkets. -
32. Furniture stores, repair and upholstery. -
aa. General retail stores. -
34. Hardware stores. -
35. Home improvement centers.
(a) Material stored and sold within -
enelesed buildings
(b) Outdoor storage of material such na -
lumber & building mateNs. is
36. Hotels and Motels. ~
37. Ice Machines (outdoor). -
38. Janitoral services and supplies. jZ/-
39. Jewelry stores. -
40. Laundry-self-service. -
41. Liquor stores. -
42. Kiosks foe key shops, film drops, etc. in -
parMng lots.
43. Locksmith shop. -
44. Mini-stoeage foe public use (no outdoor -
storage).
NC OC
- p
C C
P
- C
? ?
C P
P P
P P
P P
P P
P P
P F
C
- p
P P
P P
P P
P P
- C
Section 17.10.030
USE
45. M~tuaries and cemeteries.
$.~/iWOt~rey~'l~ sales, r:,n,"l .~e,'v'~-~'~-'"~ ~
47. Newspaper and magazine stores, printin~
~n~ publishing._
48. Nurseries and garden supply stores;
provided, in the NC district, all
equipment, supplies and material are kept
wit~n an enclosed areaj
49. Office and business machine stores.
xx, c~ S~ ~
50. Parking faeilities (oommereial) where fees
are charged.
51. Political or philanthrop_i_e h_eadguarters.
52. Pet shop.
53. Plumbing shop and supplies.
54. Photocopy
55.
Printing shops.
Restaurants (other than fe~t food).
(a) With entertainment and/or ~crvin~
of aleoholic beveeao~s ¢~k-~l Ic~%t~er,
(b) Incidental servin& of boer and wine
but without a socktail lounge, bar,
entertainment or danein~
L~_~7. ReereaUonal Vehicle Stora&e Yard.
58. Shoe stores, sales and repair.
59. Second-hand stores andpawnshops.
60. Shopping Center subject to provisions in
SeeQonl?.10.030-F.5.
61. Spiritualist rea~n~ or ~trology
f~ee~ti~.
62. Sporting goods stores.
63. Stamp and coin shops.
OP NC GC
C C C
P P
~f' p P
P
C
P
P P_~
- p
P P
- p
c
P P P
P
P
P
C
P
P
'~T erT ' 'r ' rl ................ 'T'"'""'-TTII'
Section ~T.~).
USB
64. Swimming pool supplies.
65.Tailor.
66. Taxidermists.
~' ~. ~ T~z~evisi~a~ radio,~a~es
69. Toy stores.
70. Travel agencies.
71. Tra~portation faei~ties (train and bus,
taxi depots).
72. Truck ~d tra~er renta~ s~es and service.
73. Variety stores.
~s~a~ y~d ~ag se,
PubUe and semi~ubHe uses
1. Day C~e ~ae~lJties
2. Conv~eseent faeiUties ~~,
3. Private aod pubUe elu~ anQ I~es~
ineIudi~ YMCA~ YWCA ~d ~mil~ ~outh
~roup ~es.
4. Edueatio~ i~titutio~ pacoehi~ p~ivate
(ineludi~ couches ~d ~iversiti~).
5. Libc~ies ~ m~eums~ pubic oc pcivate.
6. P~ ~d ree~eatio~ faei~ties~ pubUe o~
private.
PubUe utiUty i~ta~atio~.
Voeation~ o~ bu~Qe~ trade schools.
9. Churehes~ eonven~ mon~teci~ and other
reU~ous i~titutio~.
- p P
P P P
C C C
- C
P P
C C C
-
C C C
C C C
C C C
C C C
C C C
Section 17.10.030
USB
Accessory Uses
1. Aeessory structures and uses eustomarily P
incidental to a permitted use and
contained on the same site.
2. Accessory structures and uses eustomarily C
incidental to a conditional use and
contained on the same site.
3. Caretakers residence
4. Amusement Devices, per Section
17.10.030-F.
OP NC GC
P P
C C
/? P P
Temporary Uses
1. Temporary uses as prescribed in Section P
17.04.070 and subject to those provisions.
2. Temporary office modules, subject to C
provisions in Section 17.10.030-P.4.
P P
C C
F. Special Use Relp~latior~
Adult Businesses. In consideration of a[:~roval of any adult business, as
defined in Chapter 17.02, a Conditional Use Permit shall be approved for an
adult business in the GC District subject to all the standard development
requirements unless:
(a)
Such business is located within 1,000 feet of a college or university, a
public or private.educational facility, a church, a park or recreational
facility, a library, a post office, or a governmental institution.
(b) Such business is located less than 1,000 feet of any other adult
business.
(e)
Such business is located less than 1,000 feet from any property in a
residential zone or within 1,000 feet of any grouD of 5 or more
dwellings in any other zone.
Amusement Devices. The use of amusement devices, as defined in Chapter
17.02, as an accessory use to a permitted use, shall be regulated based on the
following criteria.
(a)
No mo~e than three (3) devices, but not to exceed five percent (5%) of
the public floor area, may be permitted per business without approval
of a conditional use permit. Each machine and playing area occupies
a minimum of ten (10) square feet.
-104-
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOM~tENDING APPROVAL OF
INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-03, AND M3tKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Industrial Area Specific Plan Amendment No. 94-03, as described in the title
of this Resolution. Hereinafter in this Resolution, the subject Industrial
Area Specific Plan Amendment is referred to as "the application."
2. On the 8th day of June 1994, the Planning Commission of the City
of Rancho Cucaraonga conducted a duly noticed public hearing on the application
and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upoD substantial evidence presented to this. Commission
during the above-referenced public hearing on June 8, 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 within the City;
and
b. The proposed amendments will not have a significant impact on
the environment.
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 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
b. That the proposed amendment is consistent with the objectives
of the Development Code and the Industrial Area Specific Plan; and
PLANNING COMMISSION RESOLUTION NO.
ISPA 94-03 - CITY OF RANCHO CUCAMONGA
June 8, 1994
Page 2
c. That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds that the project has been prepared
and reviewed in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, and further,
specifically finds that based upon substantial evidence, it can be seen with
certainty that there is no possibility that the proposed amendment will have a
significant effect on the environment and, therefore, the proposed amendment
is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3).
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga
hereby recommends approval of Industrial Area Specific Plan Amendment 94-03 to
modify the Industrial Area Specific Plan per the attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Buller, Secretary
I, Brad Bullet, Secretary of the Planning commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 8th day of June 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, ADOPTING INDUSTRIAL AREA SPECIFIC
PLAN AMENDMENT 94-03, AMENDING THE LAND USE TYPES, LAND
USE TYPE DEFINITIONS, AND THE LAND USES WITHIN VARIOUS
SUBAREAS, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The purpose and intent of this Ordinance is to streamline the
review process for certain land uses. The Industrial Area Specific Plan
currently provides regulations for the use of land. Prior to the adoption of
this Ordinance, this Council had available and reviewed a detailed study
prepared by a consultant with respect to the development review process. The
general summary of the study is that the customers (developers, business
owners, etc.) are concerned with the length of time required to complete the
process. This Council hereby finds and declares its intent:
a. That the review process should be simplified without
compromising the quality of the development.
b. To create greater efficiency in the process to allow the
Planning Comission to focus on broader policy issues.
c. To maintain a process that is timely, fair, and thorough.
2. On June 8, 1994, the Planning Comission of the City of Rancho
Cucamonga conducted a duly noticed public hearing concerning the above-
referenced amendment and, following the conclusion thereof, adopted its
Resolution No. 94- , recommending that the City Council adopt these
amendments.
3. On , 19 , the City Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Industrial Area Specific Plan.
4. All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does hereby ordain
as follows:
SECTION l: The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby
finds that this amendment is established and adopted to protect and promote
the public health, safety, morals, comfort, convenience, and welfare; and more
particularly:
CITY COUNCIL ORDINkNCE NO.
ISPA 94-03 - CITY OF RANCHO CUCAMONGA
Page 2
1. That the proposed amendment is in conformance with the General
Plan of the City of Rancho Cucamonga; and
2. That the proposed amendment is consistent with the Development
Code of the City of Rancho Cucamonga; and
3. That the proposed 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
4. That the proposed amendment will have no significant
environmental impact; and
5. That the proposed amendment is consistent with the objectives of
the Industrial Area Specific Plan.
SECTION 3: The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, and further, specifically finds that based upon
substantial evidence, it can be seen with certainty that there is no
possibility that the proposed Ordinance will have a significant effect on the
environment and, therefore, the proposed Ordinance is exempt pursuant to State
CEQA Guidelines, Section 1506~ (b)(3).
SECTION 4: The Industrial Area Specific Plan text, Part III, Table
III-1 "Sumary of Land Use Types by Subarea," comencing on page III-5, is
hereby amended to read as attached, and all lists of permitted and
conditionally permitted uses in Part IV, Subarea Development Standards are
hereby amended accordingly.
SECTION 5: Part III, Table III-2, Subsection D, page III-14, the
definition for "Entertainment" is hereby amended to read as follows:
Entertainment: Activities typically include, but
are not limited to: ~%~ ~~J ~
entertainment services, excl~4-g a~ult
e~t~t, within an enclosed building to
assembled groups of spectators ~f or participants,
as well as activities typically performed at private
and non-profit clubs and lodges. Uses typically
include, but are not limited to: dance halls,
~otion pier,ire theaters, and meeting halls.
CITY COUNCIL ORDINANCE NO.
ISPA 94-03 - CITY OF RANCHO CUCAMONGA
Page 3
SECTION 6: Part III, Table III-2, Subsection E, page III-16, is
hereby amended to add a new land use type to read as follows:
Convention Centers: A=tivities typically inclu4e,
but are not l~mited to, ~o~ferences, sem~/nars,
p~duct 4e~onstrations, and tournaments within an
enclcaedbuild~ng f~r assembled groups or spectators
~r partici[~mnte. Uses tl~icall¥ inclu4e c~nvention
centers and exhibitio~ ~alls.
SECTION 7: Part III, Table III-2, Subsection E, page III-16, the
definition for "Cultural" is hereby amended to read as follows:
Cultural: Activities typically include, but are not
limited to, those performed by ~r at the following
institutions or i~stallatio~:
P~blic and private performing arts ~ters
(i.e., music, ~-ce, ~rasm) ~t including
ni~ntclubs;
- Public and private ~f~f~ museums and art
galleries;
- Public and private ~f~ libraries and
observatories.
SECTION 8: Part III, Table III-2, Subsection D, page III-11, the
definition for "Automotive Rental/Leasing" is hereby amended to read as
follows:
Automotive Rental/~: Activities typically
include, but are not limited to: the rental ~
~ from the premises of motor vehicles, with
provision of incidental maintenance services. Uses
typically include, but are not limited to, car
rental agencies ~ ~ ~. On-site
shall not occupy more than 25 percent of the
required parking for the subject building suite,
unless approved with a Conditional Use Permit.
SECTION 9: Part III, Table III-2, Subsection D, page III-12, the
definition for "Automotive Sales" is hereby amended to read as follows:
Automotive Sales ~nd Leasing: Activities typically
include, but are not limited to: the display,
~ sale, or leasing of new and used automobiles,
tru=ks, and r~¢reational vehiclen, minor automotive
repair, ~9~ ~ ~, and installation of
w~n service
CITY COUNCIL ORDINANCE NO.
ISPA 94-03 - CITY OF RANCHO CUCAMONGA
Page 4
SECTION 10: Part III, Table III-2, Subsection D, page III-11, is
hereby amended to add a new land use type to read as follows:
Adult Entertaimment: Activities typically include,
but are not limited to: adult e~tertainment
establ£e~ume~ts as defined by the Development Code.
Uses typically include, but are not 1/mired to,
adult book stores, adult motion picture
establishments, adult ~ini-~otion picture theaters,
adult ~otion picture arcades, adult drive-in
theaters, adult r~harets, adult ~otels or hotels,
adult theaters, adult ~odel studio~, sexual
encounter e~-hlieh~ents, an4 body ~ainting stndioe.
SECTION 11: Part III, Table III-2, Subsection D, page III-14, is
hereby amended to delete, in its entirety, the definition for "Eating and
Drinking Establishments."
SECTION 12: Part III, Table III-2, Subsection D, page III-16, is
hereby amended to add the following new land use types to read as follows:
l~staurants: Activities typica11F include, b=t are
limited to: ~et~l sale, fr~ ~e pr-ul-es, ~
~ac~ f~d ~ ~v~a~ ~a11F p~red f~
~-p~aes ~tion. US~ ~ica11~ ~clu~,
~li~-m; ~d ~lu~ fast f~ ~ 8e~i~s,
P~staurants with her or entertai--ent: Activities
tx~ically include, but are m~ limited to:
~il ~le, f~ ~e p~es, of ,,~cka~4
p~r~ f~ m-p~es ~s~ion.
typicall~ ~clu~, ~t ~e ~ ~ted
~mur~ts with ~rd ~ ~1e$, ~c~g,
CITY COUNCIL ORDINANCE NO.
ISPA 94-03 - CITY OF RANCHO CUCAMONGA
Page 5
SECTION 13: Part III, Table III-2, Subsection E, page III-17, is
hereby amended to add the following new land use types to read as follows:
Day Care Facility: Activities typically inclu4e,
but are not limited to: esta]~lishments for non-
medical care to infants and preschool and school age
children under 18 years of age ~uring a portion of
the day. Uses typically inclu4e, but are not
limited to: infant centers, nursery schools, pre-
schools, and similar facilities.
Schools: Activities t~pically inclu4e, but are not
limited to: p~hli¢ an4 private e(lucatio~al
il~titutio~s. Uses t~picall¥ include, ~t are not
limited to: vocational or business trada schools,
~11eges, an~ ,,nt~e~sities.
SECTION 14: The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or
declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptire legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect.
SUMMARY OF LAND USE TYPE BY SUBAREA
USETYPES
SUBAREAS HOJ 1 I 2 I 4 5 7 I 8 9 [10 131 141 161 17
P P P P P P P P P P P P P P P
P P P P P P P P P P P P P P P
CCC P CPPP PPP
P
P P
cPcc PP
P P P P P P P P P P P P P P P
MANUFACTURING i
Custom
Light
Medium
Heaw
Minimum Impact Heavy
!OFFICE PROFE,~IONAL, DESIGN & RESEARCH
Administrative & Office P ~
Professional/Design Services P ~
Research Services
Public.orca C C P c C P C C C C P
Light P P P P P P P P P p P p p P P P P
~ium CPPCP PPPP PPP
maw c Pc P
Collection Facilities
Processing Facilities
Scrap ODeration
Administrative Civic Services
Cultural
Extensive Impact Utility Facilities
Flood Control/Utility Corridor
Public Assembly
Public Safety & Utility Services
Religious Assembly
P P P P P P P P P P P P
C C C C C C C C
C
IP - Indullial Pad[
GI - ~ Indu-~ial
MI/HI - Minimum Im~ 14ea~ Indus~al
p - Pemtil~l Uee
C - C,e~aimallyl~'mittedUae
[---] - ~ i. is nm I~mi~
i A~LI: II1-1 (Cont~nuea)
SUMMARY OF LAND ,USE TYPE BY SUBAREA
USETYPES
SUBAREAS HOI 1 3 4 7 8 9 1101111 15116117
Agricultural/Nursery Supplies & Services
Animal Care
Automotive Fleet Storage
Automotive Rental/Leaning
Automotive/Light Truck Repair-Minor
Automotive/Truck Repair-Major
Automotive Sales ~ ~
Automotive Service Court
Automotive Service Station
Building Contractor's Office & Yards
Building Contractor's Storage Yard
Building Maintenance Service
Building & Light Equipment Supplies & Sales
Business Supply Retail & Services
Business Support Services
Communication Services
c c
P P
c c c
cccc
¢P P p .
P
PPPP
CP CCP
PPPP
P P
P P
P P C P P C P P P ~ C P P P P t~ P P
P P ~ P P ~ P P P : ~l~p p p p ' p p
cc i cc
Convenience Sales & Services c c c ;~' ~'g/~ c
Entertainment
Extensive Impact Commercial
Fast Food sales
Financial, Insurance & Real Estate Services
Food & Beverage Sales
Funeral & Crematory sewices
Heavy Equipment Sales & Rentals
Hotel/Motel
Indoor Wholesale/Retail Commercial
Laundry Services
MediceVHealth Care Services
Personal service~__ _
Petroleum Products Storage
Recreation Facilities
Repair Services
Specialty Building Supplies & Home Improvement
IP - Induslzial Park
HO - Haven Ave Overlay Disl~ict
Gi - G~ Indus~iai
Mffi-II -Minimum I~ I*l~a~/I~:lut~id
P - Perm~ed
C - ConditioneJly Permitted Use
~ - No~-merkecl User Not Permitted
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 94-01, AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Foothill Boulevard Specific Plan Amendment No. 94-01, as described in the
title of this Resolution. Hereinafter in this Resolution, the subject
Foothill Boulevard Specific Plan Amendment is referred to as "the
application."
2. On the 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
ao
and
the environment.
The application applies to property located within the City;
The proposed amendments will not have a significant impact on
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 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
b. That the proposed amendment is consistent with the objectives
of the Development Code and the Foothill Boulevard Specific Plan; and
PLANNING COMMISSION RESOLUTION NO.
FSPA 94-01 - CITY OF RANCHO CUCAMONGA
June 8, 1994
Page 2
c. That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds that the project has been prepared
and reviewed in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, and further,
specifically finds that based upon substantial evidence, it can be seen with
certainty that there is no possibility that the proposed amendment will have a
significant effect on the environment and, therefore, the proposed amendment
is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3).
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga
hereby recommends approval of Foothill Boulevard Specific Plan Amendment 94-01
to modify the Foothill Boulevard Specific Plan per the attached Resolution.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Buller, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 8th day of June 1994, by the following vote-to-wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT: COMMISSIONERS:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING FOOTHILL BOULEVARD
SPECIFIC PLAN AMENDMENT 94-01, AMENDING THE LAND USES
WITHIN THE OFFICE AND COMMERCIAL DISTRICTS, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The purpose and intent of this Resolution is to streamline the
review process for certain land uses. The Foothill Boulevard Specific Plan
currently provides regulations for the use of land. Prior to the adoption of
this Resolution, this Council had available and reviewed a detailed study
prepared by a consultant with respect to the development review process. The
general summary of the study is that the customers (developers, business
owners, etc.) are concerned with the length of time required to complete the
process. This Council hereby finds and declares its intent:
a. That the review process should be simplified without
compromising the quality of the development.
b. To create greater efficiency in the process to allow the
Planning Commission to focus on broader policy issues.
c. To maintain a process that is timely, fair, and thorough.
2. On June 8, 1994, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing concerning the above-
referenced amendment and, following the conclusion thereof, adopted its
Resolution No. 94- , recommending that the City Council adopt these
amendments.
3. On , 19 , the City Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Foothill Boulevard Specific Plan.
4. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
The City Council of the City of Rancho Cucamonga does hereby resolve
as follows:
SECTION 1: The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this Resolution are true and
correct.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby
finds that this amendment is established and adopted to protect and promote
the public health, safety, morals, comfort, convenience, and welfare; and more
particularly:
CITY COUNCIL RESOLUTION NO.
FBSPA 94-01 - CITY OF RANCHO CUCAMONGA
Page 2
1. That the proposed amendment is in conformance with the General
Plan of the City of Rancho Cucamonga;
2. That the proposed amendment is consistent with the Development
Code of the City of Rancho Cucamonga;
3. That the proposed 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;
4. That the proposed amendment will have no significant
environmental impact; and
5. That the proposed amendment is consistent with the objectives of
the Foothill Boulevard Specific Plan.
SECTION 3: The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, and further, specifically finds that based upon
substantial evidence, it can be seen with certainty that there is no
possibility that the proposed Resolution will have a significant effect on the
environment and, therefore, the proposed Resolution is exempt pursuant to
State CEQA Guidelines, Section 15061 (b)(3).
SECTION 4: The Foothill Boulevard Specific Plan text, Part IV,
Section 9, commencing on page IV-9.4a, is hereby amended to read as attached,
and all lists of permitted and conditionally permitted uses in Subareas 1, 2,
3, and 4 are hereby amended accordingly.
SECTION 5: The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Resolution be rendered or
declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Resolution
shall remain in full force and effect.
SUMMARY TABLE OF PERMITTED ¢PI AND CONDITIONALLY PERMITrED'(C} USES
RETAIL COMMERCIAL US[S
APDare I ..............
Appuance Stores anQ Repairi:~iiiiiii~;p
Art, MusIc, Photographic Studios
and Supply Stores ':!i!:11~i~ p p
AUtO Servlce Station :~:~T~ C C
· Auto Service (Including trailers,
motorcycles, Boats, camBets):
a) Sales (with ancillary repair
D) Rentals ..... ,~'1~
major engine work, muffler
shops, painting, Body work, s~:~:~:~:~
Upholstery, etc.)
e) Automatic Washtng ~s~:~:~:~:~:
Bakeries (retail only)
Barber and Beauty Shops
Bed and Breakfast
Bicycle Shops
Blueprint and Photocopy Services
::i:~!:i:!: C C
BoOk, Gift and Stationary Stores ::~:~:~
(other than adult related materlal):i!::::::i::!::i:: P P P
Candy and Confectioneries ........... P P
China and Glassware Stores : .........PP
Christmas Tree/Pumpkin Sales Lots
(oBerating on a temporary basis) ]~::~::~i~::~::~p
Churches i]i::ii~i~iC C C
Cleanlna and PresslnQ Establlshment~:~iii/~!~ P P
Cocktail Lounge (bar, lounge,tavern)
IncluOIng related entertainment C C C
Commercial Recreation:
a) indoor uses SUCh as Bowling
and Bit lards
b) Outdoor uses such as tennis
and basketball C C
Convalescent Facilities ~ ~spltals
Curtain and Drape~ Shoos P
Day Care Centers ............ C C C
Delicatessens and 5oeclalty Fooa :~.:'h~:~.
Stores
Drug Stores nno P~n~ncl~s :::~:~ ?
a) over I o,ooo sQ. rc · ~;~::~[~p
b) Pharmacies with or without ::::~:.j~[::
sOeclalty re~all under I 0.000
sq. f: ;;:: C
Revised: I I/3/91
Subarea One~i~;::;i Subarea Two i:J:::~::: Subarea Three ~:~i~:;~Subarea Four
cc o MR P iiiiiiiilSC CC 0 MR MHR~i~!~i;!;i!iSC CC CO LMR MR U MUiiiiiiii!i:iCC RRC MR L~ 0
C C ...... C C C
:. ...........P :.::~::~::~:.~:(:: p
: ::::::~::: PP
~:~:~::. c c c ~::~c c o ~:::~ c
....... ~:~:~
:';~:~:~:~:~p P .............. p P ~:~:~:;:~:~:~ pP P
: ~:j[~::]:: ...........................
:::~:~:~:~:~ P P P :~ P P P P ~:~:~:~:~:~:~ PP C
::~:~:~:~ ::~::~]~::~:: .............
....... P P ~:~:~::~:~:~ P P P P :.i~::::::::::::~::: P
. ;~::[~:::. ;:::~::~::~::~ ::~:~:~:~:~:~
:::::::::.; .............. ~f~::~::{~
: ........p ~::~:~ f~::~::p .............p
· : .........c cc c c c c c c
........... ~[::~::~:: ~::j :::::~::~::~::~::~::
::~:~: :~ .......... :~:: ~:::f:::
~ C C ~]::::~::[~(~C C ~]~::~::~::~::~ C C C
:~:.::.::::~ P P ~::::~:~:~:p P P P :~::~::::::~::~ P
:::.(: ~
: :'~: C ::::5~ C
SUMMARY TABLE OF PERMITTED (p) AND CONDITIONALLY PERMITTED (C) USES
RETAIL COMMERCI AL USES (CONT.)
Private (Incluelng colleges
Farmers ~arkets
Floor Covering 5~oDs
Florist Shops
FurnKure 5cores
Hataware 5totes
HealCh aria AChleCIc Gyms ana
Welghc Reauclng Clinics
Hobbv Sho~s
Ice Cream 5totes aria 5oaa Founcalns
Janitorial ServlcesanaSuppiles
Jewelry Stores
Laun~ (Self SLUiCe)
Leather Gooas aria Luggage Stores
private
Hessenger ana wire 5errIces
Hortuarles aria Cemetarles
Huslc, Dance, an~ ~artlal Arts
Newspaper ana ~agazlne Stores
Nurseries aria Garaen Supply Stores
within enclosed area
Office, Business ~achlne ana
Park Ing F aclllt ILS (comm ere lal w ner~?~[~ fees are charged)
Photocopy (xerox)
Political or Philanthropic
Public and Private Clubs and LodgeS,
Including YMCA, YWCA, and
Youth Group Uses
necora ana Tape Stores
Restaurants (sit Oown):
a) Wlth.enter~al~meg[ .and/or
D) Inc10ental se~lng of beer
wine (without a c0cktall Iounge~::~[:~
bar, entertainment or oanclng)
c) CalL, limited to 20 seats
(Including ou:Ooor seating)
O) Fast FooO: wlthOrlve-thru
withOUt ~rlve-thru
:::!:~:!: p P ...............
............ p ........ ~ .... P :~:~:~:~:~:~. P P
P
SUMMARY TABLE OF PERMITTED (PI AND CONDITIONALLY P. ERMITrED fCl USES
RETAIL COMMERCIAL USES
(Cont.)
Shoe Stores and Repair Shops
Specialty Retail
Sporting Goods Stores:
a) Specialty, backpacking,
tennis, skiing, Mountain-
eering, Fishing, etc.
D) General, encompasslnga
variety of sports equipment
Supermarkets
:iiiiii SuParea One::;:~i~i: SuParea Two :~: SuParea Three ii:i~ii Subarea Four
:'i!iiiiii!iiSC CC 0 MR P i!i:iiiiiSC CC 0 MR MHR: iii SC CC CO LMR MR U MUii!iiiiiiiiiiCC RRC MR LI
C
ENTERTAINMENT AND CULTURAL
USES
Arcades
Cultural/Artist Exhibits:
a) Indoor Gallery and Art Sales
D) Outdoor Art Exhibits
Theaters:
a) Dinner Theater
b) Movie Theater Includlnq
i!!i!iiii:~ii! Subarea On~iiii([i! Subarea Two iiiiil.iii.i.i Subarea Three i.!i!iiiiiii!$ubarea Four
~iiiiiiiiiii~iSC CC 0 MR P ;(~i~![[[~SC CC 0 MR MHRiiiiiiii!i!i! SC CC CO LMR MR U MU!ii![]iGC RRC MR LI 0
.......... CC :::::::::: CC ............. C C ::::::::::::: CC
i:ii!i!iiilfi:: pC !:i:i:i!ii P :::!:::!:i:i P C P P
............ P C !'ifi!~fi??' P C i:i:!.E:?:] p C ':::::':::::: C
OFFICE AND ADhlNISTRATIVE
USES
Administrative, Business, ano
Professional Offices
Banks, Finance ServJcjs and
I nst I rut I o n s,,' ~'~-I~r Iv e - thru
withOUt grlve-thru
Business and Office Services
mterlor Decorating Firms
Medical/Dental Offices and Related
Health Clinics
Optician and Optometrlcal Shops
Realtors and Real Estate Offices
Travel Aqencles
Revised: 11/3/gl
ii!~:~ Subarea One~!iiiiiiii Subarea Two iiii!iiii[iil Suedarea Three i;i[ili[ii!iiSubarea Four
ii~:?,..~SC cco ~a P :~ii sc cc o rm ~Hm!iiiiSC CC CO Crm tm u ~u~CC nRC ~ U
P P P ::::~:~:~. p P P ............ p P P P P P-
~:~:~(((~ P P P ..%~.:: P P P :::":'::' ~ ~ ~ L P P
::'::::::: p P P ::~:::~¢ p P ............ p P ........... p
........... p p p ;~;~: ~ p p ........ p p p :~i~;~;~ P
.......... p p p p p ........ p p p
I v-g4 ~o
SUMMARY TABLE OF PERMITTED ¢P} AND CONDITIONALLY PERMITrED (C} USES
RESIDENTIAL USES
:~%~ SuParea One<~iii Sul~area Two SuParea Three ::::i~i?: Sul~area Four
::!iiiiii:!iiSC CC 0 MR P ::i!iiiiSC CC 0 MR MHR ?!?::: i:i$C CC CO LMR MR U r'IU:~::ii:i!!:~!:i?!i!CC RRC MR Cl
Single Famlly Attached (duplex,
triplex, fourplex)
Multi-Family Dwellings
Ancillary Residential Uses:
a) Home-care Facilities :~::~:~::
(6 or less)
b) On-site Private Recreation
Facilities
Accessory Uses:
a) Accessory Structures
b) Home Occupation
P ~!i~i~i~[~ P P ~:~:~:~:~: P P P P
PUBL C USES
Transit Fatlilt les
Public Utility Installations
HOTEL USES
Hotel/",' :e
Hotel Fa:. "~ "~ .'r
Anclliar..
a) be,,.,.'., 'Sarl:.er
.: ;;' .'..'
c) Ca'.a',r.: ~:e"o~;.~5
i..::k'.~' L:'-."?'
e) C.~".:.-c.r:.~ ,.::'.~'r' :r
I a. I",e~
F',~-',;'
G~'t ':.."c:~
h) Ne,s."acer '"a.;a:tre $'.ores
K) -.:~-is: r°crma;Icn
~:e.e ace.-cles
~:area "&:
<"C;.: "~1~
:)LC area '
' :-,earea Fc~r
,CC PPC ~'P L
I NDUSTRI AL USES ~?:!i[~;~ SuParea Onei~?::ii::~i Subarea Two ;i~iiii::][i::ii SuParea Three ;f/?::::i;~: 5uDarea Four
· ~%~:!SC CC 0 rlR P "~,:,::~SC CC 0 MR MHR,:~::~!SC CC CO LMR MR U r'IU~!::~CC RRC MR L 0
All Industrial uses and development standards shall be as provided In Sub-area 7 of the Industrial
Area Specific Plan (]SP).
Refer to RRC ( * ) Section 9.9.2
Revisers:
13/91
I V-9.4 d
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
ETIWANDA SPECIFIC PLAN AMENDMENT 94-01, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Etiwanda Specific Plan Amendment No. 94-01, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Etiwanda Specific
Plan Amendment is referred to as "the application."
2. On the 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
and
the environment.
The application applies to property located within the City;
The proposed amendments will not have a significant impact on
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 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
b. That the proposed amendment is consistent with the objectives
of the Development Code and the Etiwanda Specific Plan; and
PLANNING COMMISSION RESOLUTION NO.
ESPA 94-01 - CITY OF RANCHO CUCAMONGA
June 8, 1994
Page 2
c. That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds that the project has been prepared
and reviewed in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, and further,
specifically finds that based upon substantial evidence, it can be seen with
certainty that there is no possibility that the proposed amendment will have a
significant effect on the environment and, therefore, the proposed amendment
is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3).
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga
hereby recommends approval of Etiwanda Specific Plan Amendment 94-01 to modify
the Etiwanda Specific Plan per the attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST=
Brad Buller, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning commission held
on the 8th day of June 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
CUCAMGNGA, CALIFORNIA, ADOPTING ETIWANDA SPECIFIC PLAN
AMENDMENT 94-01, AMENDING THE LAND USES WITHIN THE OFFICE
AND COMMERCIAL DISTRICTS, AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
1. The purpose and intent of this Ordinance is to streamline the
review process for certain land uses. The Etiwanda Specific Plan currently
provides regulations for the use of land. Prior to the adoption of this
Ordinance, this Council had available and reviewed a detailed study prepared
by a consultant with respect to the development review process. The general
summary of the study is that the customers (developers, business owners, etc.)
are concerned with the length of time required to complete the process. This
Council hereby finds and declares its intent:
a. That the review process should be simplified without
compromising the quality of the development.
b. To create greater efficiency in the process to allow the
Planning Commission to focus on broader policy issues.
c. To maintain a process that is timely, fair, and thorough.
2. On June 8, 1994, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing concerning the above-
referenced amendment and, following the conclusion thereof, adopted its
Resolution No. 94- , recom~ending that the City Council adopt these
amendments.
3. On , 19 , the City Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Etiwanda Specific Plan.
4. All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does hereby ordain
as follows:
SECTION l: The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby
finds that this amendment is established and adopted to protect and promote
the public health, safety, morals, comfort, convenience, and welfare; and more
particularly:
CITY COUNCIL ORDINANCE NO.
ESPA 94-01 - CITY OF RANCHO CUCAMONGA
Page 2
~. That the proposed amendment is in conformance with the General
Plan of the City of Rancho Cucamonga;
2. That the proposed amendment is consistent with the Development
Code of the City of Rancho Cucamonga;
3. That the proposed 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;
4. That the proposed amendment will have no significant
environmental impact; and
5. That the proposed amendment is consistent with the objectives of
the Etiwanda Specific Plan.
SECTION 3: The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, and further, specifically finds that based upon
substantial evidence, it can be seen with certainty that there is no
possibility that the proposed Ordinance will have a significant effect on the
environment and, therefore, the proposed Ordinance is exempt pursuant to State
CEQA Guidelines, Section 15061 (b)(3).
SECTION 4:
Section 5.23.203,
attached.
The Etiwanda Specific Plan text, Part Two, Chapter 5,
commencing on page 5-11, is hereby amended to read as
SECTION 5: The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or
declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptire legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect.
USE
NC CC
Administrative, business, and
professional offices ............... P P
Ambulance services ............... - -
Antique shops .................... P C
Amusement enterprises such as fairs,
merry-go-rounds, ferris wheels or
carousels, and similar uses operated on a
temporary basis .................. C -
Apparel stores ................... p p
Art and artist~ supply stores ......... p p
Art galleries and stores selling objects of
art ........................... p p
Automobile rental agencies ............
Automobile repairing, oveehaulin~
rebuilding, and painting, inetudin~ body ~,,,U
and fendee 0hoDs~ ...................
Automobile sales and service agencies ....
Automobile supply stores ........... p -
Automobile upholstery and top sho~ .....
Automobile washing, including use of
mechanical conveyors, blowers, and
steam cleaners .....................
Automobile washing, self-service ..... C -
Bakeries, baking of items for sale on
premises only .................... p p
Barber shops and beauty shops ........ p p
Bicycle shops .................... p p
Blueprint and photocopy services ...... p p
Book stores ..................... p p
Bowling ,Ueys .....................
DISTRICT
PC
C
C
GC
P
C
P
C
P
P
P
P
P
P
P
C
C
P
P
P
P
P
OP
P
c
5-11 REVISED 1118/8
USE
Business and office services .........
Camera and photography shops and
studios .........................
Candy stores and confectionaries ......
Carpet and rug sales and installation ...
Catering services .................
China and glassware stores ..........
Christmas tree sales lots operated on a
temporary basis ..................
Churches .......................
Cigar stores and smoke shops ........
Cleaning establishments and laundries,
self-service or coin-operated .........
Cleaning and laundering services and
pick-up agencies without bulk cleaning..
Cocktail lounges ...............
~ur~ain ano orapery snops .....
Delicatessens and specialty food stores .
Department stores, junior..' .........
Drug stores and pharmacies ..........
Electrical equipment sales and repair
shops ..........................
Electronic parts and equipment sales...
Equipment rental agencies with no
outside storage ...................
Financial institutions, including banks,
savings and loan associations, finance
companies, and credit unions .........
Floor coverings shops ..............
NC CC
p -
P P
P P
p -
p -
P P
p m
C C
P P
DISTRICTS
FC GC
- p
P
C
P
p - p P
P P P P
C C - C
P P - p
P P - p
p - _ p
P P
p -
5-12
P
P
OP
P
P
C
C
USE
Florists .......................
Food stores .....................
Furniture repair and upholstery shops. · ·
Furniture stores ..................
Gift shops and greeting card shops .....
Glass replacement and repair shops ....
Hardware stores and home improvement
centers ........................
Heating and ventilating shops, not
including sheet metal fabrication ......
Hobby shops .....................
Hotels and motels .................
Household appliance sales and repair
shops ..........................
Ice cream stores and soda fountains ....
Interior decorating shops ............
Janitorial services and supplies ......
Jewelry stores ..................
Leather goods and luggage stores .....
Linen supply services ............
Liquor stores ..................
Locksmiths ...................
Medical and dental offices and clinics .
Messenger services ...............
Mortuaries .....................
Motorcycle sales and services ........
Music and dance studios ............
Music stores
DISTRICT-
NC CC FC GC OP
P P P P P
P P - p -~
p - _ p -
P P - p P
P
P P P -
_ _ -
p - p -
P P P -
P P P C
p - p -
P P - p
P P - p
P P - p -
C C - P P
p - _ p P
. _ p P -
P P - p
USE
DISTRICT
- NC CC FC
Musical instrument repair shops ....... p _
Nurseries and garden supply stores in a
building or fully screened enclosure with
no fertilizer products in bulk form ..... p p p p
Nurseries and garden supply stores ....... p p
Office and business machine stores .... p - p
Optician ahd optometrical shops ...... p p p
Paint, glass, and wRllpaper stores ..... p - _ p
Pet and bird stores ................ p - _ p
Phonograph record stores ........... p - _ p
Photographic developing and printing... p _ p p
Pinball and electronic games arcades... C - - C
Printing, publishing, lithography, and
engraving .......................... p
Private recreation buildings, or facilities C - - C
Public utility or public service structures
and iastRlIations .................. C - - P
Radio, stereo, and television sales and
repair ......................... p _ _ p
GC
P
OP
Realtors and real estate offices ....... p p p p p
Restaurants having drive-in, drive-
through, or walk-up service .......... C C
Restaurants, cocktail Iounges,~,or other
establishments providing live
entertainment ................... C - C
Secretarial services ............... p
P P
5-14
USE
Shoe stores and shoe repair shops ......
Sporting goods stores ..............
Stationery stores .................
Swimming pool service and sales ......
Tailor shops .....................
Theaters and auditoriums within
buildings .......................
Toy stores ......................
Travel agencies and bureaus .........
Typewriter sales and service
establishments ...................
Variety stores ...................
Veterinarian's offices and small animal
hospitals, including short term boarding
of animals and incidental care such as
bathing and trimming, with .l! operations
conducted within a building which is
completely enclosed, soundproofed, and
air conditioned ...................
Watch and clock repair shops .........
Wholesale business establishments
without warehousing or distribution ....
Yardage goods stores ..............
NC
C
P
P
P
P
P
P
P
DISTRICT
CC
P
P
P
P
P
FC
GC
P
P
P
P
P
P
P
OP
C
5-15
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 94-01, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Etiwanda North Specific Plan Amendment No. 94-01, as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Etiwanda North
Specific Plan Amendment is referred to as "the application."
2. On the 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 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 within the City;
and
b. The proposed amendments will not have a significant impact on
the environment.
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 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
b. That the proposed amendment is consistent with the objectives
of the Development Code and the Etiwanda North Specific Plan; and
PLANNING COMMISSION RESOLUTION NO.
ENSPA 94-01 - CITY OF RANCHO CUCAMONGA
June 8, 1994
Page 2
c. That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds that the project has been prepared
and reviewed in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, and further,
specifically finds that based upon substantial evidence, it can be seen with
certainty that there is no possibility that the proposed amendment will have a
significant effect on the environment and, therefore, the proposed amendment
is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3).
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga
hereby recommends approval of Etiwanda North Specific Plan Amendment 94-01 to
modify the Etiwanda North Specific Plan per the attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 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 8th day of June 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, ADOPTING ETIWANDA NORTH SPECIFIC
PLAN AMENDMENT 94-01, AMENDING THE LAND USES WITHIN THE
NEIGHBORHOOD COMMERCIAL DISTRICTS, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. The purpose and intent of this Ordinance is to streamline the
review process for certain land uses. The Etiwanda North Specific Plan
currently provides regulations for the use of land. Prior to the adoption of
this Ordinance, this Council had available and reviewed a detailed study
prepared by a consultant with respect to the development review process. The
general summ%ary of the study is that the customers (developers, business
owners, etc.) are concerned with the length of time required to complete the
process. This Council hereby finds and declares its intent:
a. That the review process should be simplified without
compromising the quality of the development.
b. To create greater efficiency in the process to allow the
Planning Commission to focus on broader policy issues.
c. To maintain a process that is timely, fair, and thorough.
2. On June 8, 1994, the Planning Commission of the City of Rancho
Cucan~nga conducted a duly noticed public hearing concerning the above-
referenced amendment and, following the conclusion thereof, adopted its
Resolution No. 94- , recommending that the City Council adopt these
amendments.
3. On , 19 , the City Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Etiwanda North Specific Plan.
4. All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does hereby ordain
as follows:
SECTION l: The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby
finds that this amendment is established and adopted to protect and promote
the public health, safety, morals, comfort, convenience, and welfare; and more
particularly:
CITY COUNCIL ORDINANCE NO.
ENSPA 94-01 - CITY OF RANCHO CUCAMONGA
Page 2
1. That the proposed amendment is in conformance with the General
Plan of the City of Rancho Cucamonga;
2. That the proposed amendment is consistent with the Development
Code of the City of Rancho Cucamonga;
3. That the proposed 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;
4. That the proposed amendment will have no significant
environmental impact; and
5. That the proposed amendment is consistent with the objectives of
the Etiwanda North Specific Plan.
SECTION 3: The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, and further, specifically finds that based upon
substantial evidence, it can be ~een with certainty that there is no
possibility that the proposed Ordinance will have a significant effect on the
environment and, therefore, the proposed Ordinance is exempt pursuant to State
CEQA Guidelines, Section 15061 (b)(3).
SECTION 4: The Etiwanda North Specific Plan text, Part III, Section
10, Development Regulations, Table 4, "Use Regulations for Neighborhood
Commercial Districts," commencing on page III-10, is hereby amended to read as
attached.
SECTION 5: The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or
declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect.
TABLE 4 - USE REGULATIONS FOR NEIGHBORHOOD COM~.~CIAL
Office and commercial uses lis~d below are permitted only v~thin a shopping center. All shopping centers a~e subject to a
Conditional Use Permit and Development Code Section 17.10.050-F.~. The appropriate market studies and lot consolia~don,
as deter~i-ed by the Cit~ Pl~m-er, a~e requ~rod in a~corctance with Section 6.2.2. i.
A. Offices and Related Uses
1.
2.
3.
4.
5.
INC
Admi-~i~tive and executive offices. p
Art~ and photo~aphic studios. not including the me of equipment or supplies. P
Clerical and professional offices. P
Fi,-,-~ial services and institutions,/~o/t/~a~ c~-/~ ~ - ~ .~-~ p
Medical. dental and related health services (nou4mmai reia~d) includin~ labora~ries and clinics; C
only the sale of articles clearly incidental to the services provided dudl be porm~_~_.
6. Pr~cnption pharmacies, (abo when 1oca~d within & buildi~ conmnina the offices of 5 or mor~ P
medical pr~ctilioners).
?. Public buildinp (~/~% cit~ and coun~ bufidin~s. special di~cts and p~t office). P
8. Public ut~lip/service offices. P
9. Public ~et~ ~ilit7 (police, fire, mbul~c~ ~d pm~nedic~). C
10. Ret-,,~ commercinl u~s ('oluept~inl, s~ion~r7, quick copy, eu:.) when inciden~l to ~u office P
bui]din~ or complex.
B. ~ener~ Commercial Use~
1. Antique shops P
2. Adult bu~in~
3. Anim~ ~ F~ili~ (~uim~l ho~pi~, ve~rin~r~u, co~,-erci~l kernel, ~,,~).
(a) P. xcludin~ exterior kennel, peu~, or ro~. P
(b) lacludi~ ex~rior iunu~l, p~us, or ru~.
4. Appm~l ~u~r~. P
~. Art, mu~c ~d photographic sindim ~ud rapply ~m~. P
6. Appliance s~orcs and repair.
?. ~ (~ ~c~ n~ti~me~ ~ Ikvelopme~ Code S~ioa I?. 10.030 F).
8. Atide~ic and Health Club, Eftns and weight reducin~ clinics.
TABLE 4 - USE KEGULATIONS FOP. NEIGHBOKHOOD COMMERCIAL DISTRICTS (CONTINUED)
9o
USE
A
utomouv~services (includiu~ motorcycles, bo~s, tr~er and c&mper)
(a)
to)
(c)
(d)
(e)
tnl~s
rentals
repairs (major engine work, muffler shops, painting, body work and upholstery.
Automatic Washing
Service or gasoline dispensing stations (including minor repair such as tune-ups, brakes,
batteries, tires, mufflers)
Pans and supplies
15. Book, girl and stationery stores (other than adult r~latod ma~rinl).
16. Candy stores and confectioneries.
17. Camring establithments.
18. Cleaning sod pressing establishments.
19. Carpentsr shop or cabinet shop.
20. Cocktail lounge C0ar, lounge, tavern) including relami entertainment.
(a) ~ iadsl~ud~m of a femurant.
~ m a ~tanrant~
21. Commercial l'~r~hon facililiu.
Indoor u~ such a~ boillag, ~h~rs. b'dliards,
Golf, Tennis, Ouuloor u~s such m b~l~l, belial, munpolia~, em
III-11
I0. B~lc~nes (r~il only).
I 1. l~rber ami b~auty shops.
12. Bicycle shops.
13. Blueprint s~l phowcopy s~rvices.
D~em ~ - jumor.
NC
C
C
P
P
P
P
P
P
P
C
TABLE 4 - USE REGULATIONS FOR NEIGI-~ORHOOD COIVIMERCIAL DISTRICTS (CONTINUED)
47.
~__~ ~.
USE
24. l~-~ve-in b~smea~s, excluding theaters (other than fa~t food r~sumrants).
~g s~res ~d pb~i~,
26. ~-f~ r~u~.
27. F~k
28, ~ ~s.
29. F~ ~s ~d ~k~.
Fu~m~ ~.
~3.
~. ~ M~hin~ (~).
36.
37. ~lf~.
38. ~r ~.
39. ~ f~ ~y ~s, ~m d~s, ~. ~ ~ 1~.
N~r
42. Nu~m
~ ~thm ~ ~1o~ a~.
45. Po~
P,t ~.
~Y
NC
C
P
C
P
P
P
P
P
P
P
TABLE 4 - USE REGULATIONS FOR NEIGHBORHOOD COMMERCIAL DISTRICTS (CONTINL~ED)
49.
50.
51.
52. Sw~mmi.ng pool supplies.
53. Tailor.
t~. T~ev~.._-fiton r~,4i,, ~'~,s ~ '
55. To)' stores.
56. T~avel agencies.
5?. Trnmporra~on faciUties (trnin a~d bus, taxi depots).
5S. Vm'iet~ stores.
C. Public and seml-mzblic uses
6,
?,
USE
Restaurants (other than fast food).
hcideu~ nn~ of ~r ~d ~ne but ~out a c~ lonnie, b~, en~eut or
Sh~ stores, ~en nd rep~r.
S~g g~ s~res.
S~p ~ coin
NC
C
P
P
P
P
P
p -------_
P
P
C
P
Day Ca~e FacUit~es C
Private and public clubs nnd lodges, including YMCA, Y'W'CA ~,~4 sire/ira' youth ~oup uses. C
F, duc~ion~i into/tudor, m, pnto~l~nl, privnt~ ('u~iu~ colleges and un,ivem~es). C
l..ibi~es &rid museums, pubtic or privar8. ~/?
Parks and recrention fn,~ilides, ImbUe or priva~. C
PubU¢ ut~ity imtallmions. C
Vocationnl or bu~nem ~ sghools. C
Chm'~hes, convents, monestm'ies and other mUgimm in~tutiom. C
TABLE 4 - USE ILEGULATION$ FOR NEIGHBORHOOD COMMERCIAL DISTRICTS (CON ~hNTT~D)
USE
4. Amusement Devices, per Development Code Section 17.10.030-F.
E. Tem~oraiw Uses
I. Temporary uses as prescribed in Development Code Se;tion 17.04.070 and subject to ~ose
prohsions.
2. Tempotin'7 office modules, sub.~e;t to provision~ in Development Code Section 17.10.030-F.4.
NOTE: For der'tuitions see Development Code, Section 17.02.140
NC
P
P
C
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
VICTORIA COMMUNITY PLAN AMENDMENT 94-01, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Victoria Community Plan Amendment No. 94-01, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Victoria Community
Plan Amendment is referred to as "the application."
2. On the 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 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 within the City;
and
b. The proposed amendments will not have a significant impact on
the environment.
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 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
b. That the proposed amendment is consistent with the objectives
of the Development Code and the Victoria Community Plan; and
PLANNING COMMISSION RESOLUTION NO.
VCPA 94-01 - CITY OF RANCHO CUCAMONGA
June 8, 1994
Page 2
c. That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds that the project has been prepared
and reviewed in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, and further,
specifically finds that based upon substantial evidence, it can be seen with
certainty that there is no possibility that the proposed amendment will have a
significant effect on the environment and, therefore, the proposed amendment
is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3).
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga
hereby recommends approval of Victoria Community Plan Amendment 94-01 to
modify the Victoria Community Plan per the attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Bullet, Secretary
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Co~ission held
on the 8th day of June 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, ADOPTING VICTORIA COMMUNITY PLAN
AMENDMENT 94-01, AMENDING THE LAND USES WITHIN THE OFFICE
AND CO~4ERC IAL AREAS, AND MAKING FINDINGS IN SUPPORT
THEREOF ·
A. Recitals.
1. The purpose and intent of this Ordinance is to streamline the
review process for certain land uses. The Victoria Community Plan currently
provides regulations for the use of land. Prior to the adoption of this
Ordinance, this Council had available and reviewed a detailed study prepared
by a consultant with respect to the development review process. The general
summary of the study is that the customers (developers, business owners, etc.)
are concerned with the length of time required to complete the process. This
Council hereby finds and declares its intent:
a. That the review process should be simplified without
compromising the q~ality of the development.
b. To create greater efficiency in the process to allow the
Planning Commission to focus on broader policy issues.
c. To maintain a process that is timely, fair, and thorough.
2. On June 8, 1994, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing concerning the above-
referenced amendment and, following the conclusion thereof, adopted its
Resolution No. 94- , recommending that the City Council adopt these
amendments.
3. On , 19 , the City Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Victoria Community Plan.
4. All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does hereby ordain
as follows:
SECTION 1: The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby
finds that this amendment is established and adopted to protect and promote
the public health, safety, morals, comfort, convenience, and welfare; and more
particularly:
CITY COUNCIL ORDINANCE NO.
VCPA 94-01 - CITY OF RANCHO CUCAMONGA
Page 2
1. That this Community Plan text amendment is consistent with the
General Plan of the City of Rancho Cucamonga;
2. That this Community Plan text amendment is consistent with the
Development Code of the City of Rancho Cucamonga; and
3. That this Community Plan text amendment will have no significant
environmental impact.
SECTION 3: The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, and further, specifically finds that based upon
substantial evidence, it can be seen with certainty that there is no
possibility that the proposed Ordinance will have a significant effect on the
environment and, therefore, the proposed Ordinance is exempt pursuant to State
CEQA Guidelines, Section 15061 (b)(3).
SECTION 4: The Victoria Community Plan text, Part 3, Section I,
Regulations & Standards for Development, Subsection "Commercial Standards,"
commencing on page 235, is hereby amended to read as attached.
SECTION 5: The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or
declared invalid by any final court actio~ in a court of competent
jurisdiction, or by reason of any preemptire legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect.
COMME::::tCIAL STANDARDS
General provisions for !and uses designated as Reglcnal
Center, Regional-related Commercial and. Village
Com~er:ial.
ae
(2)
(3)
b. uses
Development Standards:
Building site coverage: No maximum subject
Development Approval Process.
Building site width: 150 foot minimum
Building height: 65 feet ty~ica! maximum;
buildings over 65 feet subjec= to a
conditional use permit.
not permmitted within the Planned Community:
Massage Parlors
'Adult" M~vie Theaters ~7~7-~//~
"Adult" Book~tore~
sholm~s ~enzer8. To enm~e tbaC Zhe Soa~s aud polices o~
~ti~ U~ Pe~c s~ ~ ~ for shoppins
c~zers. ~ eu~ a ~&~. the fo~S cfi~e~a a~ ~
(~)
(4)
(6)
b~ffer~n8 nethods co e~t~sace mercia· sac·vie·es such
aa l~4~nS. liZZie. and crafh coXXe~iou*-
cancer ha~ been planned a~ · St·up of orsanted
~ca center is denisned with one theme. with buildAriSe
and landscapinS consistent An des4in (simiXar
· r,.k4 tit, trot1. s~yX·. sAnAXsr eReFief buildAriS
materials. and · ~oordAnated landscap·ns oh·me);
VdcLc~e and p~d~scr~an accsec is coord~nazed end
lo~r~LLy l~nkad to provide a com~rehenfive c~rcu~azi~
The dmvelo~menc or apprise of any port~ou of · cenceF
shalX t~quim the developsant of · conceptual develop-
~imized to, ~Artqalazica, sLAlom architec~u~tL design.
d~ainap/s~adAns. btffers. pbacad i~rovenenta and
landfcap~us.
COMMERCIAL
continued)
2. Regional Cen~.e.~
a. The following general categories of uses shall be
permitted:
(1)
Re=all ~usinesses, including, buC no= limited
=o:
depar%menC scores
drug scores
jewelry scores
boo~ scores
~Lr~=y equiL~enc sales
clothing s~ores
musical instrument sales
shoe s=ores
candy s=ores
photography equipment sales
Sevice businesses, including, buC noC limited
Co:
· watch and jewel:y repair
· beau=y parlors
· ~ravel agencies'
· locksmi =hs,
(3) A~inisc=aci~ and ~o~essiona! o~ices
(4) Co~ercial
(7) Public Utilit'y offices.
(8)
(9)
~noXesale business offices with samples on the pr~£ses.
but not to include $eneral sisrase.
Accesso~7 scFuctuFes and uses necesmt~'~ o= cuatou&=~ly
incidental to the above uses as pemi~ced by the Pancho
C~caaousa Zonin8 Ordinance.
(10) Permitted Ccmm~mit7
be
Use. permitted subject to specific
Use Permit:
(1)
-(2)
(3)
approval of Conditional
Amimal care facilities. n~t im~ludin8 kennels.
Parking lets an4 parkinS buildlass.
Automobile service s~ations an4 car washes.
Automobile sales and service.
(5) Electric distribution switch
(6) Communication e~uipme~ buildin$s.
(7) Public utili~7 booeter s~a~ione.
(10) Conditionally permi=te4 Community Facilities listed on
Pase 241.
(11) Shopping centers subject to proviaiou~ in Section 1 on
Page 235.
2~?
COMME,:qCIAL STANDA~ ( csn'-'-' :'.ue~)
3. R~cJ'iona! Related '.,~nct Cs'es
The following general ca=egories of uses shall ~e
permi:=ed:
(1) Retail business, including but no= limited
· furniture stores
automobile sales
· motorcycle sales and service
. home improvement center
· hardware stores
· grocery stores
· clothing stores
meat markets or delicatessens
errice business, including but not limited
~o:
blueprinting and photostating
cleaning and p:essing business
laundries
!oc~smiths
mortuaries
mechanical auto wash
91~Lm~ing suL:nl~ly
photographic supplies or studios
equipment rental
(3) A~min:s:rative an~ professional offices
(6) Aut~obile ='~ ~a~A~A~A,.. ~ ~J ~,.o~ ~i~dJ~ ~o~ ~
(7) ~tsetiee and ~atden supply stores, pr~ided that -
fertilizer of any type be stored and sold in packased
form
(8) Public utilit7 offices·
(9) Hotels and motels.
(10) Self-service laundry and self-service dr'/ cleaning
facili:ims.
Cu~on&s Zonin~ Ordinance.
(12) Pemi:~ed Cm=i:y Fl:ili:i~s lis:sd on Pa~e 2al.
Us~ pemi~:~d subj~c: ~o a ~ndi~ional Use Pemi::
(l) ~im~ cmre facilities.
Public u~ili:y booa:e= s=a=ions.
(3) Padins lots and par~n~ buildings.
Public u:ili~ ~ch~se and suba=acions.
Public buildinsa.
Acceaso~ sz~uc=u=es and uses necessa~ or cus=~arily
inciden=~ ~o :he able uses
for ~ :he use pemi:.
(7) ~mdi=io~lly pemi==ed ~i~ F~ili=ies lis=ed
Pa~e
(8) ~ ~ers ~ecc to p~si~
239
(3)
o grocery stores
o meat markets, delicatessens
o produce marke:s
o drug stores
o dry good stores
o hardware sales
o pe: scores
o clothing stores
o florist shops
Service businesses. includin$ but not limited to:
barber shops, beauty parlors
locksmiths
laundry and dry cleaning establishments
self-service laundry and dry cleaning
Adminxscrative and professional offices.
(4) Governmental offices.
(5)
Restaurants (other than fast food), including incidental
serving of beer &ud wine but without a cockta41 'lounge,
bar, ~teL'-r.~,-',t or dancing.
(6)
Accessory structures and uses necessary or custcmarily
incidental to the above as provided for in the Rancho
Cucamonga Zoning Ordinance.
Uses perm/tted subject to specific approval of a Coud~tiouol
(1) Aut--otive sez~ce ,tetia,~w~'mclv~i~9 ~;~.~r. ~r ~o& ~
(2) ~~ ~=~.
(3) Fast food
(4) Wine end liquor stores.
(5) Resca=rents with e. nterc~J. mlent end/or sere~ns of
alcoholic beverages.
(6) Shopping centers subject to provisions ~n Section
(7) CoucLitiouLlly
Page 241.
perm/cted C~m,--iry Facilities listed on
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOf~ENDING APPROVAL OF
TERRA VISTA COMMUNITY PLAN AMENDMENT 94-02, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for Terra
Vista Community Plan Amendment No. 94-02, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Terra Vista Community
Plan Amendment is referred to as "the application."
2. On the 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
and
the environment.
The application applies to property located within the City;
The proposed amendments will not have a significant impact on
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 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
b. That the proposed amendment is consistent with the objectives
of the Development Code and the Terra Vista Community Plan; and
PLANNING COMMISSION RESOLUTION NO.
TVCPA 94-02 - CITY OF RANCHO CUCAMONGA
June 8, 1994
Page 2
c. That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds that the project has been prepared
and reviewed in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, and further,
specifically finds that based upon substantial evidence, it can be seen with
certainty that there is no possibility that the proposed amendment will have a
significant effect on the environment and, therefore, the proposed amendment
is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3).
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga
hereby recommends approval of Terra Vista Community Plan Amendment 94-02 to
modify the Terra Vista Community Plan per the attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST=
Brad Buller, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, end adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 8th day of June 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, ADOPTING TERRA VISTA CO~dUNITY
PLAN AMENDMENT 94-02, AMENDING THE LAND USES WITHIN THE
OFFICE AND CO~9~IERC I AL AREAS, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. The purpose and intent of this Ordinance is to streamline the
review process for certain land uses. The Terra Vista Co,unity Plan
currently provides regulations for the use of land. Prior to the adoption of
this Ordinance, this Council had available and reviewed a detailed study
prepared by a consultant with respect to the development review process. The
general sumary of the study is that' the customers (developers, business
owners, etc.) are concerned with the length of time required to complete the
process. This Council hereby finds and declares its intent:
a. That the review process should be simplified without
compromising the quality of the development.
b. To create greater efficiency in the process to allow the
Planning Comission to focus on broader policy issues.
c. To maintain a process that is timely, fair, and thorough.
2. On June 8, 1994, the Planning Comission of the City of Rancho
Cucamonga conducted a duly noticed public hearing concerning the above-
referenced amendment and, following the conclusion thereof, adopted its
Resolution No. 94- , recomending that the City Council adopt these
amendments.
3. On , 19 , the City Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Terra Vista Co~nunity Plan.
4. All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
The City Council of t-he City of Rancho Cucamonga does hereby ordain
as follows:
SECTION 1: The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby
finds that this amendment is established and adopted to protect and promote
the public health, safety, morals, comfort, convenience, and welfare; and more
particularly:
CITY COUNCIL ORDINANCE NO.
TVCPA 94-02 - CITY OF RANCHO CUCAMONGA
Page 2
1. That this Co,unity Plan text amendment is consistent with the
General Plan of the City of Rancho Cucamonga;
2. That this Community Plan text amendment is consistent with the
Development Code of the City of Rancho Cucamonga; and
3. That this Con~nunity Plan text amendment will have no significant
environmental impact.
SECTION 3: The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
pro~lgated thereunder, and further, specifically finds that based upon
substantial evidence, it can be seen with certainty that there is no
possibility that the proposed Ordinance will have a significant effect on the
environment and, therefore, the proposed Ordinance is exempt pursuant to State
CEQA Guidelines, Section 15061 (b)(3).
SECTION 4: The Terra Vista Community Plan text, Chapter 5,
Subsection "Office and Commercial Development Standards," commencing on page
V-20, is hereby amended to read as attached.
SECTION 5: The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or
declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptire legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect.
E
n
uJ
rr
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
SUBDIVISION ORDINANCE AMENDMENT 94-01, AMENDING TITLE 16
OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Subdivision Ordinance Amendment No. 94-01, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Subdivision Ordinance
Amendment is referred to as "the application."
2. On the 8th day of June 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. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
and
the environment.
The application applies to property located within the City;
The proposed amendments will not have a significant impact on
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs i and 2 above, this Commission hereby finds and
concludes as follows:
a. That 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
b. That the proposed amendment is consistent with the objectives
of the Development Code; and
PLANNING COMMISSION RESOLUTION NO.
SUBDIV. ORD. AMEND. 94-01 - CITY OF R.C.
June 8, 1994
Page 2
c. That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds that the project has been prepared
and reviewed in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, and further,
specifically finds that based upon substantial evidence, it can be seen with
certainty that there is no possibility that the proposed amendment will have a
significant effect on the environment and, therefore, the proposed amendment
is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3).
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga
hereby recommends approval of Subdivision Ordinance Amendment 94-01 to modify
the Municipal Code per the attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 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 8th day of June 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 P~%NCHO
CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA
MUNICIPAL CODE, TITLE 16, SUBDIVISION ORDINANCE, AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The purpose and intent of this Ordinance is to streamline the
review process for subdivisions. The Subdivision Ordinance of the City of
Rancho Cucamonga currently provides regulations for the subdividing of land
and the review of tentative subdivision maps and tentative parcel maps. Prior
to the adoption of this Ordinance, this Council had available and reviewed a
detailed study prepared by a consultant with respect to the development review
process. The general summary of the study is that the customers (subdividers,
developers, etc.) are concerned with the length of time required to complete
the process. This Council hereby finds and declares its intent:
a. That the review process should be simplified without
compromising the quality of the development.
b. To create greater efficiency in the process to allow the
Planning Commission to focus on broader policy lssues
c. To maintain a process that is timely, fair, and thorough.
2. On June 8, 1994, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing concerning the above-
referenced amendment and, following the conclusion thereof, adopted its
Resolution No. 94- , recommending that the City Council adopt these
amendments.
3. On , 19 , the City Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Subdivision Ordinance.
4. All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does hereby ordain
as follows=
SECTION 1= The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby
finds that this amendment is established and adopted to protect and promote
the public health, safety, morals, comfort, convenience, and welfare; and more
particularly:
CITY COUNCIL ORDINANCE NO.
SUBDIVISION ORDINANCE - CITY OF RANCHO CUCAMONGA
Page 2
1. To implement the goals and objectives of the General Plan and to
guide and manage the future growth of the City in accordance with such plan;
2. To protect the physical, social, and economic stability of
residential and other land uses within the City to assure its orderly and
beneficial development;
3. To reduce hazards to the public resulting from the inappropriate
location, use, or design of buildings, and other improvements; and
4. To attain the physical, social, and economic advantages
resulting from comprehensive and orderly land use and resource planning.
SECTION 3: The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, and further, specifically finds that based upon
substantial evidence, it can be seen with certainty that there is no
possibility that the proposed Ordinance will have a significant effect on the
environment and, therefore, the proposed Ordinance is exempt pursuant to State
CEQA Guidelines, Section 15061 (b}(3).
SECTION 4: Section 16.16.170, Subsection B, is hereby deleted in its
entirety and replaced to read as follows:
Be
City Planner Action. The City Planner may extend
the approval of a tentative tract map if he finds
that there has been no significant changes in the
General Plan Land Use Element, Development Code or
other applicable specific/community plan, character
of the area within which the map is located, or
current planning policy or past practice that would
cause the approved map to become inconsistent or
non-conforming. If the City Planner finds that
there is significant change, the City Pl&nnar she11
refer the extension request to the Planning
Commission for consideration.
SECTION 5: Section 16.16.170, Subsection D, is hereby deleted n its
entirety and replaced to read as follows:
Conditions of App-oval. As · condition of the
extension of a tentative tract Itap, after conducting
· public hearing, the City Planner or Planning
Commission may impose new conditions or revise
existing conditions on the approved tentative map as
they find necessary. All public hearing notice
requirements of the State Subdivision Map Act shall
apply.
CITY COUNCIL ORDINANCE NO.
SUBDIVISION ORDINANCE - CITY OF RANCHO CUCAMONGA
Page 3
SECTION 6: Section 16.16.170, Subsection E, is hereby deleted in its
entirety and replaced to read as follows:
Appeal of Extension. The subdivider may appeal in
writing any action of the City Planner to the
Planning Commission, or any action of the Planning
Calaission to the City Council, within fifteen (15)
days of such action in conformance to
Section 1&.16.130.
SECTION 7: Section 16.16.170, Subsection G, is hereby amended to
read as follows=
~ ~ The granting of an extension shall require
all of the following findings to be ~ade by the
approving body:
The previously approved tentative map is in
substantial compliance with the City's current
General Plan, specific plans, ordinances,
plans, codes and policies;
The extension of the tentative map will not
cause significant inconsistencies with the
current general plan, specific plans,
ordinances, plans, codes and policies:
The extension of the tentative map is not
likely to cause public health and safety
problems;
4. The extension is within the time limits
prescribed by State law and local ordinance.
Unless all of the above findings are made by
the ~~ ·pproving Body, the requested
extension shall be denied.
SECTION 8: Section 16.20.100, Subsection B, is hereby deleted in its
entirety and replaced to read as follows:
Be
City Engineer Action. The City Engineer my
extend the approval of · tentative parcel amp
if he finds that there has been no significant
changes in the ~neral Plan Land Use Element,
Development Code or other applicable
specific/community plan, character of the area
within which the map is located, or current
planning policy or past practice that would
CITY COUNCIL ORDINANCE NO.
SUBDIVISION ORDINANCE - CITY OF RANCHO CUCAMONGA
Page 4
cause the approved nap to become inconsistent
or non-conforming, If the City Engineer finds
that there is significant change, the City
Engineer shall refer the extension request to
the Planning Commission for consideration.
SECTION 9= Section 16.20.100, Subsection D, is hereby deleted in its
entirety and replaced to read as follows:
Conditions of Approval. As a condition of the
extension of a tentative parcel map, after
conducting a public hearing, the City Engineer
or Planning Commission may impose new
conditions or revise existing conditions on the
approved tentative parcel nap as they find
necessary. All public hearing notice
requirements of the State Subdivision Map Act
shall apply.
SECTION 10= Section 16.20.100, Subsection E, is hereby deleted in
its entirety and replaced to read as follows:
Appeal of Extension. The subdivider may appeal
in writing any action of the City Engineer to
the Planning Commission or any action of the
Planning Commission to the City Council, within
fifteen (15) days of such action in conformance
to Section 16.16.130.
SECTION 11: The City Council declares that, should any provision,
section, paragraph, sentence, or work of this Ordinance be rendered or
declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptire legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect.
CITY OF RANCHO CUCAMONGA
DATE:June 8,STAFF REPORT
TO: Chairman and Members of the Planning Co~uission
FROM: Brad Buller, City Planner
BY: Scott Murphy, Associate Planner
SUBJECT: CONDITIONAL USE PERMIT 90-37 - FOOTHILL MARKETPLACE PARTNERS
Review of pylon sign design for Foothill Marketplace, a
co~ercial/retail center located on the south side of Foothill
Boulevard between 1-15 and Etiwanda Avenue - APN: 229-031-41.
GENERAL DESCRIPTION: Following completion of the staff report, the applicant
provided a revised design for the pylon sign. The sign proposal has been
modified as follows:
The sign height has increased from 57 feet to 70 feet.
2e
The number of major tenant identifications has increased from 4
to 7 per face of sign.
The number of logo identifications has increased from 4 to 5. The
logo panel size has been reduced from 42 inches by 48 inches to
approximately 39 inches by 39 inches.
4. The pylon is designed with a slight taper from bottom to top.
5. The base width has increased from 24 feet to 26 feet, 6 inches.
ANALYSIS: During previous discussions on the pylon sign design, the Planning
Cor~nission has expressed concern about the height of the sign and the number
of tenants identified. In this particular case, however, staff believes that
the unique circ,~m-tances of the site warrant the proposed design. This site
is one of only a handful of Regional Related Co-~ercial designations in the
City. It is located at the intersection of the 1-15 Freeway and Foothill
Boulevard and has a layout and site orientation that only offers the most
westerly tenants freeway exposure. The center is approximately ± 60 acres and
has approximately ~ 550,000 square feet of leasable area. The number of major
national tenants represented in this center is a regional draw to the City.
Therefore, staff believes that these unique factors lend themselves to
approval of the sign and do not set a precedent for any commercial site to
obtain a comparable size sign and the display of an increased number of
tenants.
RECOMMENDATION: Staff recommends the Planning Commission approve the revised
pylon sig~ through minute action.
BB:SM:m]g
Attachments: Exhibit "A# - Revised Pylon Sign Elevation
CIRCUIT CITY
SPORT CHALET
~ 3'43"
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA -
STAFF REPORT
June 8, 1994
Chairman and Members of the Planning Co~nission
Brad Buller, City Planner
Scott Murphy, Associate Planner
CONDITIONAL USE PERMIT 90-37 - FOOTHILL MARKETPLACE PARTNERS
Review of the pylon sign design for Foothill Marketplace, a
commercial/retail center located on the south side of Foothill
Boulevard between 1-15 and Etiwanda Avenue - APN: 229-031-41.
BACKGROUND: On January 16, 1992, the Planning Commission conducted its
initial workshop to review the Uniform Sign Program for Foothill
Marketplace. During the workshop, the conceptual plans for a freeway pylon
sign were reviewed. The original concepts called for a 54 1/2 foot sign
identifying eight tenants. The Planning Commission felt that the sign was too
tall, and that the n-mher of tenants (8) was excessive. The Planning
Commission also expressed reservations about allowing a freeway sign.
On January 29, 1992, a joint City Council-Planning Commission workshop was
held to discuss matters of mutual concern. During the workshop, the issue of
allowing a pylon sign was raised. The City Council stated that freeway signs
would be allowed, but no% every tenant in a center need be identified on the
sign. Also, the design should reflect the City's high standards.
On May 21, 1992, the Planning Commission conducted their second Uniform Sign
Program workshop. The Commission considered two possible pylon sign designs
(see Exhibit "C"). The Commission felt that the pylon should have a more open
structure and not look like a building. Also, the Commission suggested that
only the major tenants and freeway-oriented businesses be identified on the
sign.
ANALYSIS:
General: The applicant is now proposing a 57-foot pylon sign located at
the southwest corner of the Foothill Marketplace center. The sign is
designed with architectural features characteristic of the center,
including stained precast details and matching stucco treatment. The
design proposes four sign panels for the major tenants (as defined by the
applicant) of the center. Each sign panel is 36 inches tall and will
allow tenant names up to 30 inches in height. The sign also provides
signage for the freeway-oriented businesses in the form of smaller 42-inch
by 48-inch panels. In most cases, the graphic logo of the business will
be used on the pylon (see Exhibit "B"). With both panel types, only the
letters and/or logos will be illuminated; the balance of the sign panel
will receive a stucco finish to match the center. The project
ITEM 0
PLANNING CO~4ISSION STAFF REPORT
CUP 90-37 - FOOTHILL MARKETPLACE PARTNERS
June 8, 1994
Page 2
identification ("Foothill Marketplace") will be designed as a large can
sign with the grapes and lettering illuminated.
The height of the sign was established based on the freeway elevation. At
the sign location, northbound lanes of the freeway are + 20 feet above the
shopping center elevation. The first sign band starts roughly 26 feet
above finished grade. This will put the band slightly above eye-level
from a passing car. From the southbound lanes, the band will be almost
even with the freeway. Drawings will be provided at the Planning
Commission meeting demonstrating the lines of sight for both northbound
and southbound traffic.
Design Review Committee: The Design Review Committee (Melcher, Coleman)
reviewed the plans provided by the applicant. The Committee recommended
approval of the sign design.
RECOMMENDATION: Staff recommends that the Planning Commission approve the
pylon sign design for Foothill Marketplace through minute action.
Respectfully submitted,
Bra B~
City Planner
BB:SM:sp
Attachments:
Exhibit "A" - Site Plan
Exhibit "B" - Sign Elevation
Exhibit "C" - Previous Sign Submittal
0~
DESCRIPTION
Double-faced intematly illuminated pylon constructed with S4 stucco
system to match project stucco (base and column covers) and
stained concrefa elements to match project. Project I.D. to be
Internally il)~mieated cabinets with copy only to illuminale, 'grapes'
Io be full color full'/illuminating graphic. Tenant panels to be copy
and color per tenant standards with opaque stucco background.
(~) Frazee #4835A "Forest"
(~) Frazee #5550W "Arizona While"
(~ Frazee #5850W 'Magnolia'
(~ Stained Concrete - L.M. S~ofield 'Patio Tile"
(~) Frazee #5703M 'Crossroads' (C.T,M. Marble)
'MarketplacE~__
PRICE CLUB
' icha¢ls
'CIRCUIT CITY~=~
' SPORT CHALET
'BELL
NORTH ELEVATION
NOTE: Tenant graphics are for Illustration puq~oses ordy, and do rmt
represent any obligation by lbe landlord to p~ovide such slgnage
Z
LU
" ,,.'""'t"L II1'. 1' . "
.j
Shepherd of the Hills Lutheran Church
Two Views of Memorial Garden/Pond/Christ the Good Shepherd Statue
Showing Existing Wall with Rock and Stucco Veneer Sides
Exhibit A - View from Northeast
Exhibit B - View from Southwest
Shepherd of the Hills Lutheran Church
Existing Rock Wall (Rock on Both Sides)
Back Side Cannot Be Viewed From Banyan
Exhibit C - View from Sidewalk on North Side of Banyan
Exhibit D - Closeup View from Immediately in Front of Wall
Shepherd of the Hills Lutheran Church
Existing Rock Wall (Rock on Both Sides)
Back Side As Viewed from Breezeway
Exhibit E - View from Sidewalk Adjacent to East End of Wall
Exhibit F - View from Breezeway Adjacent to Chapel
Shepherd of the Hills Lutheran Church
North Exit From Campus ..... View Looking North on Haven
Southbound Traffic Cannot be Seen Safely
Exhibit G - View from 6 Feet Before Sidewalk
Exhibit H - View from West Edge of Sidewalk
Shepherd of the Hills Lutheran Church
North Exit From Campus -- View Looking North on Haven
Southbound Traf~c Can Be Seen -- Car in Right of Way
Exhibit I - View from Car Window; Nose of Car Beyond Curb
Exhibit J - Position of Car with View in Exhibit I
J
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA .
June 8, 1994 STAFF REPORT
Chairman and Members of the Planning Comission
Brad Buller, City Planner
Beverly Luttrell, Associate Planner
CONDITIONAL USE PERMIT 93-17 - SHEPHERD OF THE HILLS LUTHERAN CHURCH -
A proposed modification to the approved plans for a wall in
conjunction with an expansion of an existing church located at 6080
Haven Avenue.
BACKGROUND: The project was approved by the Planning Con~nission on December 8,
1993. The approved elevations called for construction of a new rock wall to
match the existing rock wall along Banyan Avenue (see Exhibits "C & D"). The
existing rock wall is constructed of block with a river rock veneer on both sides
and the top. The applicant desires to construct the new wall with rock veneer
only on the street side and top, with stucco on the back side facing the
courtyard areas which are visible from within the addition.
The applicant is concerned with 1) justifying the cost of using rock veneer on
both sides of the wall when it is not visible to the public, and 2) the safety of
children climbing up the rock because of their experiences with the existing rock
wall outside the Sunday School classrooms. There are several different wall
designs on the church campus: rock on both sides, rock on one side/top with
stucco on one side, and stucco on both sides. Photographs will be presented at
the meeting.
OPTIONS: The Planning Co~mlission has the following options:
1. Rock veneer on both sides.
2. Rock veneer on the street side with stucco on the back side.
3. Rock veneer on the street side and stucco on the back side, with a precast
concrete cap for a better transition from one ~terial to another.
RECO~ENDATION: Staff recommends that the Commission require rock veneer on both
sides.
Respectfully submitted,
Brad Buller
City Planner
Attachments:
Exhibit "A" - Location Map
Exhibit "B" - Applicant's Letter
Exhibit "C" - Site Plan
Exhibit "D" - Elevations
Exhibit "E" - Proposed Wall Detail
ITEM P
I I I
Dest§ner Type TEL:909-466-7735 Jun 01,94 11:06 No.001 P.01
Shepherd.of the Church
a ltd#rai~r e/~l~ ~k~r~ Ch~¢k -Ml~ae~'l ~
June l, 1994 ·
Mr. Dan Colere--. Principal Planner
City o£ Rancho Cucamonga
10500 Civic Center Drive
P,O. Box 807
Rancho Cucamonsa, CA 91729
Planning Commission Presentation, Building Permit
Dear Mr. Coleman:
Please schedule*Shepherd of the Hills Church for the June 8, 1~4, meeting of the Rancho
Planning Commission, We would like t~ discuss (a) the rock w~ to be built south and west of our
new classroom facility-and (b)' sisht .lines north of our'proper~ along H~ven Avenue.,
We request your approval for our contractor to constnl~t the wall with rock on the south face and a ·
stucco veneer on the north face of the wall. We offer the following as justification:.
1. It is the Congregation's feeling t__h~at the proposed wall will have n° negative visual impact'on. the..
surrounding community. 'When viewed from' Banyan 'or Haven, the wall will present the' same physical.
appearance as do other walls on our property.
2. We prefer to h~ve a smooth wall s,urfa~ ad~ .acelg. tO areas where chtidren walk, congregate' 0r
play. We are concerned that children wOuld be injured When climbing a rock-faced wall. A stucco
veneer on the classroom· side of the wall will:reduce the: likeUhood of injuries to children who' would
try to play on or climb the wall.
3. Other 'rock/stucco walls exist on our campus. The walls adjacent to the offices and our memorial'
garden/pond have rock on one side and stucco on the other. These walls are aesthetically plea'sing'and
we have beard no adverse comments from members or visitors. ·
4. We believe the added expense of plabing rock on both sides of the wall is unfoimded and "unrea:'
sonable. The $10,000 to $15,000 additional cost would raise the construction cost beyond our budget.
"DI$CO¥£RIYO GOD"$ £0 $HAPJNG ~f W;~fH
Destgner Tgpe TEL:909-466-7755 Jun 01,94 11:06 No.OO~.._P.02
SETH: BP 95-5977
June 1, 1994
The portion of the wall we propose to be finished with stucco is fully within our property line, has
no adverse visual impact on the surrounding community, does not conflict with any known city
appearance guideline, and is the way we prefer to complete the project. We simply do not desire to
pay for a wall treatment that we do not want and cannot afford.
Please approve our request to build the wall with rock on the side facing Banyan Street and a stucco
veneer on the side facing our classrooms.
In addition to the wall issue. we plan to ask the Commission to direct removal oftwe trees on the city's
memorial walkway on the west side of Haven Avenue north of our property. These trees, even after
recent trimming, still block sight lines north on Haven and are a safety hazard to drivers exiting our
east driveway.
Photographs of existing walls on our campus will be provided separately to Mr. Coleman's office.
We will be prepared to show 35rnm transparencies at the luna 8th Planning Commission mootillS as
desired by the Commissioners.
Since our last meeting with the Planning Commission, we have conscientiously complied with City
requirements for fees, plan revisions and additions, even those with which we disagreed or which will
raise the cost of our project. We ask that this request be approved expeditiously so our building permit
can be issued; we desire to begin construction as soon as possible.
Our contractors, Vernon Morrison and Richard Aveat, imve worked tirelessly as our intermediaries
with Rancho Cucamonge City officials. In the absence of an architect (Steve Fslic has relocated to
Washington State), our contractors have been coordinating with city desks to obtain plea approvals
and a final building permit. Please not~ that this work is st their initiative and is without financial
compensation. We appreciate your continued cooperation with them through the review and approval
process.
Sincerely,
Steve Belko
Chairman
Enclosures (Photographs provided under separate cover)
cc: Mr. John Melchar, Planning Commissioner
Mr. Brad BuHer, City Planner
/' Ill' ''f q '
:I'l _
OF ..~C::~'O:-'._~UCA.MONa^
PLAN~NG-. ;D ~MSION
EX~_ ~ SCALE:
DATE:
TO:
FROM:
BY:
CITY OF RANCHO CUCAMONGA -
STAFF REPORT
June 8, 1994
Chairman and Members of the Planning Commission
Brad Bullet, City Planner
Beverly Luttrell, Associate Planner
SUBJECT:
MINOR EXCEPTION 94-03 - FORNAL - An appeal of the City Planher's
decision to deny a lattice fence extension of 18 inches on the north
and east sides and 24 inches on the west side of 11226 Terra Vista
Parkway, $58 - APN: 1077-673-22.
BACKGROUND: On February 22, 1994, Mr. & Mrs. Ken Fornal submitted an application
for a Minor Exception (see Exhibit "A"). The application proposed a lattice-work
extension of 18 inches on the north and east sides and 24 inches on the west side
of an existing wooden fence. The purpose of the lattice-work fence extension is
to increase privacy. The existing wooden fence is owned in common by adjoining
neighbors of the townhome complex known as Willow Park.
It should be noted that the lattice fence has already been constructed and was
done so without the consent of the Willow Park Homeowner's Association, and
without proper building permits (required if over 6 feet in height). According
to Liz Williams of Euclid Management Company, the Association Manager of the
Willow Park Homeowner's Association, it_is normal procedure for requests such as
this to have the applicant submit plans to the Homeowner's Association, as well
as written documentation that adjoining property owners have been contacted and
have no objections to the proposed improvement. In this instance, the Female
proceeded without approval of the Homeowner's Association. Subsequent to
construction of the lattice fence extension, the Homeowner's Association received
a complaint from an adjoining neighbor regarding the fence extension. At this
point, the Homeowner's Association advised the Fornals to obtain necessary
approvals from the City as well as to make modifications to the lattice fence
extension (see Exhibit "B"). The Homeowner's Association is currently proceeding
with legal action to remove the lattice extension.
ANALYSIS: The appeal of the Minor Exception is noted in Exhibit "E." Following
is staff's analysis of the significant points raised in the appeal letter:
Finding $5 in your denial letter references the refusal of a neighbor to
consent to the extension. The original application explicitly indicated
that the extension bordering propertF at 7367 Belpine Place, $46 was to be
placed inside our property boundaries. Therefore, Finding #5 is not
relevant.
Staff Response: The existing lattice extension is attached to an existing
fence owned in common. This fence extension would have to be removed in
order to proceed with the proposal. The correspondence received by the
Fornals does not indicate that they will be removing the existing lattice
work extension. The adjacent neighbor, Mrs. Lungu, has indicated she would
still be opposed to the extension even if it were detached from the common
fence. The appearance of the fence extension would be similar regardless of
whether it is attached to the fence or constructed within the Fornals'
property line.
ITEM Q
-j
PLANNING COMMISSION STAFF REPORT
ME 94-03 - FORMAL
June 8, 1994
Page 2
The Planning Division has granted approval for similar Minor Exceptions
submitted by other residents in Rancho Cuca~onga. In some instances, the
four findings in Section 17.04.050 of the Development Code have been
supported with only two facts. These are 2 or 3 feet grade differences and
secondly, privacy. The Planning Division has allowed wall height increases
of 2 feet for these applications.
Staff Response: The applicant notes the following Minor Exception requests
as being similar to this request:
Minor Exceptions 93-09, 93-08, 93-02, 92-11, 92-10, and 92-09.
The above-noted Minor Exceptions are all for single family detached homes in
the Low Residential District (2-4 dwelling unite per acre) most of which
cite grade differences of 2-3 feet between the subject property and adjacent
property. Staff is not of the opinion that these applications can be fairly
compared to a request involving a townhome project (14 dwelling units per
acre) with relatively close quarters, "postage stamp" size lots, and a
Homeowner's Association which governs exterior modifications.
Minor Exception 94-03 has requested a north side extension of only 8 inches
above the 6-foot height limitation. Eight inches is 'not significant' for a
grade difference of 19 inches.
Staff Response= The fact that there is an 19-inch grade difference between
adjacent properties does not constitute an unusual circumstance. The
applicant indicated in his original proposal that the height extension is 18
inches above the existing wooden fence, not 8 inches as stated in the appeal
letter. Staff believes, however, that it is not the actual height of the
lattice extension that causes the incompatibility but the fact that the
lattice extension has the appearance of being added on in a piecemeal
fashion and is of a different character than what was originally approved
with the develol~nent.
The denial letter suggested the planting of the shrubbery. The lattice
extension will be used as a vine trellis to improve the effectiveness of the
screen. After consultation with a Lewis Homes landscape architect, the
planting of shrubber~ or trees (e.g., Podocarpus, Purple Hopseed, Italian
Cypress, etc.) would not be cost effective. ~he planting of screening shrub
is nst~ted to be ~ore than $400 along the northern periester. Contrar~ to
the stete~ents in the denial letter, there is very limited area for planting
in our back yard.
Staff Response= If the applicant were to plant Podocarpus gracilior
(5-gallon size) at 4 feet on center across the rear property line, the cost
would be approximately $60 ($10 per plant). Fifteen gallon size plants
would cost approximately $210.00 (or $35 per plant). Prices of plant
material were verified with a local retail nursery. The planting area in
the rear patio (approximately 3 feet in width) is sufficient to accommodate
this type of planting (see Exhibit "F").
PLANNING COMMISSION STAFF REPORT
ME 94-03 - FORNAL
June 8, 1994
Page 3
As a%ated in the Minor Exception application, there are two lattice
structures currently in existence at W£11ow Park that exceed 6 feet. To my
knowledge, no appl£cat£on for a Minor Exception has been f£1ed by e£ther
resident.
Staff Response: Staff has verified that no other Minor Exceptions have been
applied for at Willow Park. Staff will proceed with Code Enforcement
action.
In conclusion, staff cannot support the appeal for the reasons noted above and
for the findings noted in the denial letter (Exhibit "D"). However, staff is
cognizant of the need for privacy in townhome and condominium projects with
densities such as within this project. Staff susaeats that the aPPlicant and
other interested homeowners work constructiveiv with the Willow Park Homeowner's
Association and City staff to develop a DrototvDical fence extension desian that
could be used consistently throughout the project.
CORRESPONDENCE: Notices were sent to adjacent property owners giving them 10
days to comment upon the request prior to action by the City Planner. Staff
received one objectionable comment from Mrs. Ann Lungu, who resides to the north
of the Fornals (see Exhibit "C"). Planning staff then visited both Mrs. Lungu
and the Fornals in their respective homes to observe the situation first hand and
to speak with both parties. After the site visit and careful consideration by
staff, the request for the Minor Exception was denied (see Exhibit "D"). Staff
has received an additional letter from Mrs. Ann Lungu, who further states her
objection to the lattice-work fence extension (see Exhibit "G").
RECOMMENDATION: Staff redommends that the Planning Commission deny'-the appeal
for Minor Exception 94-03 through the attached Resolution of Denial.
Respectfully submitted,
Brad Bullet
City Planner
BB:BL:mlg
Attachments:
Exhibit "A" -
Exhibit "B" -
Exhibit #C" -
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit "H" -
Resolution of
Minor Exception 94-03 Application
Euclid Management Company Letter to
Mr. & Mrs. Fornal
Letter from Mrs. Ann Lungu to Planning Division
dated March 27, 1994
Letter Denying Minor Exception 94-03
Letter Appealing Denial of Minor Exception 94-03
Planting Diagram
Letter from Mrs. Ann Lungu to Planning Division
dated May 25, 1994
Project Site Plan
Denial
UNIFORM APPLICATION
Attachment
11226 Terra Vista Parkway, # 58
Detailed Description of Proposed Project:
A lattice will be mounted to the fence tops which adjoin units 57,45, and 59. The lattice
will be secured between grooved 2 x 4 boards on the top and bottom, and between extended
posts. Posts will be beveled at the top to conform with current design. Holes will be drilled
in the center of the existing post and post extension, and a broom handle is inserted to
reinforce the structure. Posts adjacent to the building will be double bolted to the exterior
wall.
For property adjoining unit # 46, the lattice will be mounted between a grooved 4 X 4
board on the bottom and a grooved 2 x 4 board on the top. The lattice will be horizontally
parallel to the fence top but inside our property line. The support boards will be secured
between two 4 x 4 boards which will be vertically parallel to the fence posts.
The height will be eighteen inches on the north and east sides. The east side will be twenty-
four inches in order to provide a unifmm height along the entire perimeter.
All wood will be treated for outdoor use.
x
~J
LU
X M.,
MINOR EXCEPTION
11226 Terra Vista Parkway, # 58
Justification
The residents in unit # 46, located behind our unit, have been blatantly stating at us
and our guests. Their residence is elevated relative to our home. This consistent
activity has violated our privacy and has affected family well-being.
Crime has been increasing in the neighborhood. Mary Fornal has been a victim of
violent crime. The fence extension is intended to provide additional security to our
home.
3. The lattice addition will enhance the beauty and value of the property.
Compatibility with Surrounding Area
The design has been accepted by our home owners association (see attached letter). Similar
lattices have been installed by unit #'s 61 and 72 at Willow Park.
Concrete walls for other residents are as high as 6' 6". The proposed change would be
comparable to other wall heights.
Letters of approval from the following neighbors are enclosed. · Rey Convento, 11226 Terra Vista Pkwy, Unit # 57
· Diane Monka, 11226 Terra Vista Pkwy, Unit # 59
· Allen Martens, 7367 Belpine Place, Unit # 45
Below is a photograph showing the proposed structure.
Euclid Management Company
P.O. Box 1510
Upland. California 91785-1510
11226 Terra Vista Parkway #59
Rancho Cucamonga, California 91730
October 4, 1993
To Whom it May Concern:
This letmr is to inform Euclid Man%~ement Company, or its agent, of my preference to the
improvements made upon the back3rard of my neighbors. On Sunday, Ocwber 3, 1993,
Ken asked permission to build an addition to the backyard fence wcs 'hare. He told me he
needed my written permission, as per your insuucfions. I hereby consent to the addition,
considering the addition now exists, as long as cognition of aesthetics is present in relation
w my pcrspectivc.
4 October 1993
Liz Williams
Euclid Management
c/o Ken Forhall
11226 Terra Vista Pkwy #58
Rancho Cucamonga, Ca 91730
Dear Liz,
This letter is to inform you and the architectural committee that
it is fine with me that Ken Fornall of unit #58 modify the fence
that adjoins my unit (#57). Provided the changes meet all necessary
requirements and gets final approval from the architectural
committee. Please call me if you need any further information.
Euclid
_Management
Compare:-
January 31, 1994
Kenneth Fornal
11226 Terra Vista Parkway #58
Rancho Cucamonsa, CA 91750
RE: HEARING RESPONSE
Dear Mr. Fornal:
The Board of Directors reuiewed the information provided to them at
the Hearins that took place on January 27, 1994 and made a decision
based on that information. The hearins was called due to the
installation of the lattice fence without prior architectural
approval.
The Board is requestins that you take the followins steps:
]) Remove all latticework that is attached to Mrs. Lunsu's
"common fence" at 7367 Belpine #46.
2) Make all necessary repairs to the above referenced fence in order
to restore to orisinal condition.
2) Create similar "lattice top' fence with posts to be installed
inside your property line to simulate a continued lattice top
fence without touchins the "common fence' at 7367 Belpine #46.
4) Resubmit architecturaI application reflectins the aboue outlined
chanses (application enclosed).
5) Take all possible steps to obtain a buildins permit from tl~e city
of Rancho Cucamonsa.
Thank you for attendins the hearins and givins the Board and
yourself an opportunity to come to what could be an amiable solution
for all those involued. Please address any comments to the Board of
Directors in writin9 to the address listed below.
Sincerely,
Liz Williams
Association Manager
Willow Park HOA
125 South Mountain Ave. Suite E Upland, CA 909/981-4131
Mailing Address: Box 1510 Upland, CA 91785-1510
March 27, 1994
Nancy Fong, Senior Planner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Re: Minor Exception application for a site located at 11226
Terra Vista Parkway, #58 (ME 94-03
Dear Ms. Fong:
Thank you for the notification of a Minor Exception application
located at the above mentioned address.
As you know, Willow Park Townhomes are a subdivision of
individual parcels with common areas. As a result, each townhome
owner owns their parcel of land and the fence which delineates
their individual private open space.
The fence in question, with the illegal extension, is owned by
townhome ~58 and myself. The owner of $58 cut off existing posts
in order to add the fence extension. This was done without my
approval or the homeowners' association approval. I realize that
the City does not enforce C.C.& R.'s. However, the owner of #58.
had no right to install the extension without the homeowners'
association approval and my approval.
The fence extension is not compatible with surrounding uses and
further restricts what little open space that is available. None
of the fences that are within my view have extensions. I
purchased my townhome with a fence approximately five feet six
inches tall which delineates my private open space. I expect the
fence to remain that height. If the owner of townhome ~58 is
seeking more privacy, let me suggest shrubbery which is not
offensive.
I am very opposed to this fence extension. Since I own the
fence, I expect the City to deaf Minor Exception 94-03. By the
way, the homeowners' association has ask the extension be removed
and expect it may go to litigation.
The following are questions which I need addressed and would
appreciate a prompt response.
Is the review of this Minor Exception application a
public hearing or an administrative review?
QI\
What is the date that a decision will be made by the
City on this project?
Will you visit the project site to investigate the
compatibility of the fence extension? If so, I will
make arrangements to be there.
Since you have given me ten days to respond to your
correspondence, I assume that on April 1, 1994 a decision will be
made concerning this application. I expect that you will notify
me on that date.
Let me remind you that I also own the fence, the homeowners'
association asked that the extension be removed, the extension is
not compatible with the surrounding uses, resticts open space,
and is aesthetically offensive.
Thank you again for the notification and your cooperation in
advance.
7367 Belpine Place ~46
Rancho Cucamonga, CA 91730
(909) 396-5676 - work
(909) 9486-948 - home
April 19, 1994
Mr. Ken Forhal
11226 Terra Vista Parkway, #58
Rancho Cucamonga, CA 91730
SUBJECT: MINOR EXCEPTION 94-03
Dear Mr. Fornal:
The Planning Division has reviewed your application for a Minor Exception. As
required by Section 17.04.050 of the Development Code, all contiguous property
owners were notified and given a 10-day period within which to express any
concerns or comments. To date, we have received one response regarding your
request. Based upon plan review and site inspection, the project has been
denied based upon the following findings:
That the strict or literal interpretation end enforcement of
the specified regulations would not result in practical
difficulty or unnecessary hardship inconsistent with the
objectives of the General Plan and intent of the Development
Code.
The desired privacy can be achieved through the use of plant
materials which would not only be more effective but more in
keeping with the character of the neighborhood. Staff noted
upon site inspection that an approximate 3-foot wide planter
exists which could accommodate shrub or tree planting
adjacent to the existing wood fence.
me
That there are no exceptional circumstances or conditions
applicable to the property involved or to the intended use
of the property that do not apply generally to other
properties in the same district.
A grade difference of 1 1/2 feet does exist between the
subject property and the property to the north (7367 Belpine
Place 946). Upon site inspection, staff hal determined that
this is not a significant grade difference, and does not
create an unusual circumstance between the two properties.
The property in question is similar to all other properties
within the eame row of unite in this particular development.
That the strict or literal interpretation and enforcement of
the specified regulations would not deprive the applicant of
privileges enjoyed by other property owners in the 'same
district.
Count,irked, De' .'. , ~m: A,exar.3er
C c ~i5~ ilr~t~ ce, ~ore
Mr. Ken Fornal
ME 94-03
April 19, 1994
Page 2
That the granting of the Minor Exception will constitute a
grant of a special privilege inconsistent with the
limitations on other properties classified in the same
district, however should not be detrimental to the public
health, safety, or welfare or materially injurious to
properties or improvements in the vicinity.
In addition, the proposed project is inconsistent with the
immediate neighborhood character and with the fence design
as originally approved with the project as a whole.
That the lattice extension is attached to a fence which is
owned in common, and an affected property owner did not
consent to the extension.
This decision shall be final following a 10-day appeal period. Any appeals
shall be made in writing to the Secretary of the Planning Commission along
with a $62 filing fee.
If you have any questions, please do not hesitate to contact Beverly Luttre11
at (909} 989-1861.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
BB:BL:mlg
cc: Mary Burgan, Code Enforcement Officer
11226 Terra Vista Pkwy, # 58
Rancho Cucamonga, CA 91730
April 29, 1994
Mr. Brad Buller
Planning Commission Secretary
Planning Division
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91729-0807
RE: Appeal of Minor Exception 94-03
Dear Mr. Buller:
I am planning to appeal your decision to the Planning Commission regarding Minor
Exception 94-03. My wife and I believe t_hat the Minor Exception application was not
reviewed objectively and fairly.
Finding #5 in your denial letter references the refusal of a neighbor to consent to the
extension. The original application explicitly indicated that the extension bordering property
at 7367 Belpine Place, #46 was to be placed inside our property boundaries. Therefore,
finding 5 is not relevant.
The Planning Division has granted approval for similar minor exceptions submitted by other
residents in Rancho Cucamonga. In some instancesa, the four findings in Section 17.04.050
of the Development Code have been supported with only two facts. These are 2 or 3 feet
grade differences and secondly, privacy. The Planning Division has allowed wall height
increases of two feet for these applications.
Minor exception 94-03 has requested a north side extension of only eight inches above the
six foot height limitation. Eight (8) inches is "not significant" for a grade difference of
nineteen (19) inches.
In a April 7~ meeting with Ms. Fong, she had indicated that a 6 or 7 feet grade difference
on ~ acre lots was typical for satisfying the grade difference criteria. A review of the public
records for minor exceptions submitted over the last two years (including applications
approved by Nancy Fong) does not support her comment. As an alternative solution, Ms.
Fong suggested that we could "purchase an end unit with a 6.5 feet wall" at our complex.
I feel that this is a more costly option, not to mention ludicrous, than having our lattice.
Appeal of Minor Exception 94°03
April 29, 1994
Page 2
As indicated in the minor exception, the lattice was constructed to ensure our privacy. The
building for unit #46 is located approximately 30 feet behind our building. The residents
in unit # 46 have been blatantly staring at us and our guests. Attached are three letters to
support this fact. My wife is expecting a child and can not tolerate this behavior.
The denial letter suggested the planting of the shrubbery. The lattice extension will be used
as a vine trellis to improve the effectiveness of the screen. After consultation with a Lewis
Homes landscape architect, the planting of shrubbery or trees (e.g. Podocarpus, Purple
Hopseed, Italian Cypress, etc.) would not be cost effective. The planting of screening shrub
is estimated to be more than $400 along the northern perimeter. Contrary to the statements
in the denial letter, there is very limited area for planting in our backyard.
As stated in the minor exception application, there are two lattice structures~ currently in
existence at Willow Park that exceed 6 feet. To my knowledge, no application for a minor
exception has been filed by either resident.
As a further incidental, I am aware that the complainant, Ann Lungu, works for the
Diamond Bar Planning Department.
A check in the amount of $ 62 for filing fees is enclosed for the appeal process. Please
contact me at 909/399~1337 if you have any questions or require additional information.
Thank you.
Sincerely,
Enclosures
See minor Exceptions 93-09, 93-08, 93-02, 92-11, 92-10, 92-09.
January 17, 1993'
To WhOm It May Coacern:
During July of 1993 [ was a house guest of Ken and Mary Fornal'$.
While I was hayin] breakfast in Ken an6 Mary's condo one morning,
I noticed their n~lghbor standing by her window peering into
the condo which caused me to feel very ~,ncomfortable. She
continued to stare in the whole time 1%~as having breakfast
so ! finally got up and closed t~e blinds.
Sincerely,
~retchen Margenau
· 0
2994
Chairman and Planning Commissioner
City o£ Rancho Cuca~onga
10500 Civic Center Drive
~anoho Cuca~onga, C~ gX729
Appeal for Minor Exception
Terra Vista ParkWay f58
Dear Chai~len and Commissioners:
94-03 located at 11226
!~ tcm~k~me is located at 7267 eelpine Place, #46 which is at the
rear of the subject site. My private open space patio area ie
adjacent to the rear of the subject Bite.
Willow Park Townhomes are a subdivision o£ individual parcel vi~h
common areas. As suchv each townhone owner owns ~heir parcel o£
land and ~he £enoa which delineates ~heir individual private open
space. According to Willow Park Homeowner's Association, each
townhome owner ie responsible for ~he maintenance of the fencing
vhi~delineates their private open apa~e. Therefore, ~e ~ence in
question with the existing illegal extension is owned by the
applicant and myself.
Xn order to construct the fence extension, the applicant out
approximately one (l) ~oot of the support posts. This was done
without the homeowners' associate approval and proper review and
approval from the City. I realize that the City does not enforce
C.C.& R.'s. However, ~he applicant does not have the rivht to
install ~he exteneio~ without going ~hrough the proper process.
But~ the applicant continued construction even when to stop b~
president of the homeowners, association and myself.
X would like to mama it clear that X a~ adsmabel2 opposed to this
fence ex~ension for the following reasons:
l. The exCen~ion is not compatible with the lu~rounding
fencing or ~e original approval o~ Willow Par~
T~ho~ea as a whole.
$
5
47
The e~ceneion restricts what little open space that is
available. Now, ! have ~encinv which is approximately
seven (7) feet aix (6) inches tall.
Now, I have a combination of two (2) types of fencing
surrounding by ver~ small private open space.
The applicant's desired feeling of privacy can be create
by utilizing planting materials, which are more
effective, much lean offsnaive, aesthetically pleasing,
end also more in keeping with the character of ~he
neighborhood.
There are not special circumstances or exceptional
characteristics applicable to the subject eats ~het the
strict or literal interpretation and enforcement of
specified regula~ione would deprive the applioanH of
privileges enjoyed by the other property owners within
the Willow Park. As a mat=at of fact, the applicant is
interfering with my enjoyment of my property as well as
degrading the value of by property by constructing
fencing which is not consistent wi~h wl%at is
The granting of this Minor Exception would oonntiHute
granH of special privilege inconsiaten~ with
upon other properties within Willow Park.
The granting of this Minor Exception ia detrimental to my
welfare end enjoyment of my property.
The applicant does not have the willow Perk Homeowners,
Association approval.
X do not underaHand how the ¢it~can process this application'when
fence le owned in common without my concurrence.
Aa a condition of denial of this appeal, I feel the apTlioant
ahouXd be required to re~urn the support poets of the fanning to
their original condition. This is
homeowners, association has informed me tha~ I am responsible for
~hemaintenanoe of this fence along with~he applicant. It la also
necessary because the applican~ has change the original look of the
fencing.
Thank you for considering my position on this matter. Nopefully,
I will be able to attend the Planning C~iaaion meeting. There is
a poaaibilit~ that I may work that evening. ! feel .~hat this
let~er at,tee m~ position clearly and you will be able to ma~e ·
thoughtful and ~ppropriata decision.
would also like to thank the City's planning staff for their
professional assistance on this matter.
OF P,A~eBO, '.CueAMoNG^
EXHIBIT: H SCALE:
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF THE
CITY PLANNER'S DECISION OF MINOR EXCEPTION NO. 94-03
WHICH DENIED A LATTICE FENCE EXTENSION OF 18 INCHES ON
THE NORTH AND EAST SIDE AND 24 INCHES ON THE WEST SIDE OF
11226 TERRA VISTA PARKWAY, #58, ~-ND MA~ING FINDINGS IN
SUPPORT THEREOF - APN: 1077-673-22.
A. Recitals.
1. Mr. & Mrs. Ken Fornal have filed an application for the issuance
of Minor Exception No. 94-03 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Minor Exception request is
referred to as "the application."
2. On April 19, 1994, Minor Exception 94-03 was denied by the City
Planner after reviewing all pertinent information, visiting the site, and
notifying all adjacent property owners.
3. On April 29, 1994, the applicant timely appealed the denial of
Minor Exception 94-03.
4. On the 8th day of June 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.
5. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows=
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 1994, including written
end oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
a. The application applies to property located at 11226 Terra
Vista Parkway, 258; a townhome project which is presently improved with one
attached townhome unit; and
b. The property surrounding all sides of the project are
townhome units; and
PLANNING COMMISSION RESOLUTION NO.
ME 93-04 - FORNAL
June 8, 1994
Page 2
c. The applicant has constructed a lattice work extension which
was denied by the Homeowner Association or the City~ and
d. The lattice fence extension has been attached to an existing
wooden fence owned in common by adjoining residences~ and
e. The lattice fence extension is incompatible with the existing
fencing which lends cohesivehess to the neighborhood~ and
f. Privacy may be obtained by the use of plant materials which
would form a dense hedge along the rear property line and could be allowed to
grow taller than the proposed lattice ex~ension~ and
g. There is neighborhood opposition to the project.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs i and 2 above, this Commission hereby finds and
concludes as follows=
a. That strict or literal interpretation and enforcement of the
specified regulations would not result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of the Development Code.
b. That there are not exceptional or extraordinary circumstances
or conditions applicable to the property involved or to the intended use of
the property that do not apply generally to other properties in the same
district.
c. That strict or literal interpretation and enforcement of the
specified regulation would not deprive the applicant of privileges enjoyed by
the owners of other properties in the same district.
d. That the granting of the Minor Exception will constitute a
grant of special ~rivilege inconsistent with the limitations on other
properties classified in the same district.
e. That the granting of the Minor Exception 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 findings and conclusions set forth in
paragraphs 1, 2, and 3 above, this Commission hereby denies the appeal of the
City Planner denial of Minor Exception 94-03.
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
PLANNING COMMISSION RESOLUTION NO.
ME 93-04 - FORNAL
June 8, 1994
Page 3
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCANONGA
BY:
E. David Barker, Chairman
ATTEST=
Brad Bullet, Secretary
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 8th day of June 1994, by the following vote-to-wit=
AYES= COMMISSIONERS=
NOES= COMMISSIONERS=
ABSENT= COMMISSIONERS=
MINOR EXCEPTION 94-03
APPEAL TO THE PLANNING COMMISSION
JUNE 8, 1994
FOR CONDOMINIUM PURPOSES
TRACT NO, 1 4150
IN THE CITY OF RANCHO CUCAMONGA. CALIFORNIA
DATA
~: ~.,~:;:'-. ,.-,
: ,'5'_" ".; ,.- ..
m. II
DATA
TERRA V! STA
TRACT 141~:)
lOT .5
UN~'~ LOCATION
UNI?~"36 THRU ~1
~l?S 88114~ ~4
CO m
-!
Ill
"n x
PTCTURE OF LATTZCE FROM
(WEST AND NORTH
KZTCHEN OF #
SIDES)
58
PZCTURE OF LATTZCE ZN PERSPECTZVE
(NORTH AND EAST STDES)
KEN
--~., CA LIFOR N IA --.--,
DRIVER LICENSE
CLASS: C
· . RNCH CUCRNNGR CA
SEX:H HRIR:BLN EYES:GAN
~£.,~,~k,,~i~ HT:$-]O .,: lTO DOL L', :?' '
RSTR:CORR LENS
:.,.maoa~ :'..
FORNAL'S DRTVERS L'rCENSE
(HE'rGHT = 5' 10")
PI'CTURE OF LATTI'CE ZN PERSPECTTVE
(NORTH AND NEST $'rDES)
PTCTURE OF LATTTCE
(EAST STDE)
P~CTURE OF ~EIGHBOR'S LATTICE
(UNZT ~ 6~, ~226 TERRA VZSTA PKY.)
DATE:
TO:
FROM:
BY:
CITY OF RANCHO CUCAMONGA
Jun. 8, 1994 STAFF REPORT
Chairman and Members of the Planning Commission
Brad Bullet, City Planner
Beverly Luttrell, Associate Planner
SUBJECT:
MINOR EXCEPTION 94-03 - FORNAL - An appeal of the City Plannat's
decision to deny a lattice fence extension of 18 inches on the north
and east sides and 24 inches on the west side of 11226 Terra Vista
Parkway, 258 - A~N: 1077-673-22.
BACKGROUND: On February 22, 1994, Mr. & Hrs. Ken Pornal submitted an application
for a Minor Exception (see Exhibit 'A"). The application proposed a lattice-~ork
extension of 18 inches on the north and east sides and 24 inches on the west side
of an existing wooden fence. The purpose 'of the lattice-work fence extenaion is
to increase privacy. The existing wooden fence is owned in common by adjoining
neighbors of ~he townhome complex known as Willow Park.
It should be noted that the lattice fence has already been constructed and was
done so without the consent of the Willow Park Homeowner°s Association, and
without proper building permits (required if over 6 feet in height). According
to Liz Williams of Euclid Management Company, the Aasociation Manager of the
Willow Park Homeowner°s Association, it_iS normal procedure for requests auch as
this =o have the applicant submit plans to the Homeo~-ner's Association, as well
as writ=an documentation ~hat adjoining property owners have been contacted and
have no objections to the proposed improvement. In this instance, the Fornals
proceeded without approval of the Homeowner's Association. Subsequent to
construction of the lattice fence extension, the Homeowner's Association received
a complaint from an adjoining neighbor regarding the fence extension. At this
point, the Homeowner's Association advised the Fornals to obtain necessary
approvals from =he City as well as to make modifications to the lattice fence
extension (see Exhibit 'B'). The Homeowner's Association is currently proceeding
with legal action to remove the lattice extension.
· VARIANCE IS FOR EXCEEDING 6 FOOT FENCE
HEIGHT LIMITATION:
· ~2INCHES ON NORTH AND EAST SIDES;
· INCHES ON WEST SIDE.
· INSTALLATION OF LATTICE
FOLLOWING A PRECEDENT SET
HOMEONNERS OF WILLOW PARK.
WAS DONE
BY TWO OTHER
· SEE EXHIBIT B FOR HOMEOWNER'S ASSOCIATION
DECISION.
· WE HAVE NOT BEEN NOTIFIED OF ANY LEGAL
ACTION BY THE HOMEOWNERS'S ASSOCIATION.
Euclid
_ Management
Company-
January 31, 1994
Kenneth Fornal
11226 Terra Vista Parkway #58
Rancho Cucamonga, CA 91730
RE: HEARING RESPONSE
Dear Mr. Fornal:
The Board of Directors reviewed the information provided to them at
the Hearing that took place on January 27, 1994 and made a decision
based on that information. The hearing was called due to the
installation of the lattice fence without prior architectural
approval.
The Board is requesting that you take the following steps:
] Remove all latticework that is attached to Mrs. Lungu's
'common fence' at 7367 Belpine #46.
2 Make all necessary repairs to the above referenced fence in order
to restore to original condition.
Create similar "lattice top" fence with posts to be installed
inside your property line to simulate a continued lattice top
fence without touching the 'common fence' at 7367 Belpine #46.
4 Resubmit architectural application reflecting the above outlined
changes (application enclosed).
5 Take all possible steps to obtain a building permit from the city
of Rancho Cucamonga.
Thank you for attending the hearing and giving the Board and
yourself an opportunity to come to what could be an amiable solution
for all those invoIved. Please address any comments to the Board of
Directors in writing to the address listed below.
SincereIv,
Liz Williams
Association Manager
Willow Park HOA
125 South Mountain Ave. Suite E Upland, CA 909/981-4131
Mailing Address: Box 1510 Upland, CA 91785-1510
ANALYSIS= The appeal of the Minor Exception is norad in Exhibit #E.' Following
is st·ff's analysis of the significant points raised in the appeal letter=
Find4ng #5 in your denial letter r~feFences the refusal of · neighbor to
consent ~o the extension. The origins! sppl£ca~on expl£c£~ly indicated
t~hat ~he extension bordering pFopor~y at 7367 Bolplne Place, #~& was to be
p~·ced inside our propar~y boundaries. Therefore, Finding #S is not
relevant.
Staff ResPonse: The existing lattice extension is attached to ·n existing
fence owned in conuuon. This fence extension would have to be removed in
order to proceed with the proposal. The correspondence received by the
Female does not indicate that they will be removing the existing lattice
work extension. The adjacent neighbor, Mrs. Lungu, has indicated she would
still be opposed to the extension even if it were detached from the ¢~on
fence. The appearance of the fence extension would be similar regardless of
whether it is attached to the fence or constructed within the
proper~y line.
· LATTICE WILL BE REMOVED. SEE LETTER FROM
KEN FORNAL TO EUCLID MANAGEMENT DATED
MARCH 14, 1994 (ATTACHED).
LUNGU'S OPPOSITION IS NOT RELEVANT ONCE
THE LATTICE IS PLACED WITHIN OUR PROPERTY
LINE.
· LATTICE IS NOT AESTHETICALLY UNPLEASING,
11226 Terra Vista Pkwy, # 58
Rancho Cucamonga, CA 91730
March 14, 1994
Ms. Liz Williams
Euclid Management
P.O. Box 1510
Upland, CA 91785
RE: Lattice Fence
Dear Ms. Williams:
In response to your March 1s-~ letter, I estimate that the project will be completed by April
18~. The carpenter who installed the lattice has evaluated the requirements and determined
that mounting the lattice along the inside of our fence is feasible.
A permit application was filed with the City of Rancho Cucamonga on February 22~. The
planning department expects that a decision will be made around March 25~. Construction
(i.e. relocation of lattice fence) will promptly commence upon receipt of the permit.
Although it was my understanding that the Board approved the original architectural
application with this modification, another application will be submitted as a courtesy to
confirm completion of the project.
Please forward this information to the Board of Directors. Thank you for your assistance.
Sincerely,
th Fornal
The Planning Div£s£on has granted approval for s~m~ar Jibnor Bxoept~ofm
sub.trod by other residents ~ hncho Cuc~nga. In s~o ~st~ce8, ~o
four f~d~gs ~ Section ~7.04.050 of ~o ~veloput ~e bye ben
suppled w~th only t~ facts. ~hese a~ 2 or 3 foot grade d~ffe~ncos ~
secondly, privacy. ~o Pla~ng D~v~s~on has allMd call height hcnases
of 2 foot ~or those applications.
Staff Ressense: The applicant notes the following Minor EXCOl~cion ro~uomts
as being similar to this request:
Minor Exceptions 93-09, 93-08, 93-02, 92-11, 92-10, and 92-09.
The above-noted Minor Exceptions are all for single family detached homes in
the Low Residential District (2-4 dwelling units per acre) most of which
cite grade differences of 2-3 feet between the subject proper~y and adjacent
property. Staff is not of the opinion that these applications can be fairly
compared to · request involving · townhome project (14 dwelling unite per
acre) with relatively close quer~ers, 'postage stamp' size lots, and a
Homeowner's Association which governs exterior modifications.
· "POSTAGE SIZE"
INHIBITORY.
SIZE LOTS ARE SPACE
· LATTICE OCCUPIES VERTICAL SPACE.
· BETTER SPACE UTILIZATION
· No DISTINCTION BETWEEN TOWNHOME AND
SINGLE FAMILY DWELLING IN HINOR EXCEPTION
COOE.
· STAFF "OPINION" ZS DISCRIMINATORY.
3o
Mdnor Excelr~£on 94-03 has requested a noL-I;h s£de ex~onsion of ertlT 8 ~nches
above the 6-foot height 14-itat£on. Eight £nches An 'not sig~Lf£cant- for a
grads difference of 19 ~nches.
Staff Response: The fact that there is an 19-£nch grade difference
adjacent properties does not constitute an unusual circumstance. The
applicant indicated £n his original proposal that the height ex~ansion
inches above the existing ~ooden fence, not 8 inches an stated £n the appeal
letter. Staff believes, however, that it is no~ the actual height of the
lattice extension that causes the incompatibil£ty but the fact that the
lattice extens£on has the appearance of being added on ~n a p~ecmal
fashion and ~o of a d~fferent ch~ac~er th~ what was originally approved
w~th the developant.
· SITUATION IS
EXHIBIT PAGES E-2,
OPINION EXPRESSED
· ORIGINAL PROPOSAL
EXTENSION NAS
FOOT 2 INCHES
(TOTAL HEIGHT
UNUSUAL CZRCUMSTANCE (SEE
E-3, E-4) CONTRARY TO
BY STAFF.
INDICATED THAT HEIGHT
18 INCHES ABOVE EXISTING 5
FENCE.
Is 6' 8").
· APPEAL LETTER STATED PROPOSAL TO BE 8
INCHES ABOVE 6 FOOT LIMITATION.
(TOTAL HEIGHT IS 6' 8").
(BOTH PROPOSALS ARE FOR THE SAME HEZGHT
ONLY NORDED DZFFERENTLY.)
· "PIECEMEAL"? (SEE PHOTO)
· DENTAL IS BASED ON REGUEST FOR 8 INCHES.
The den£al latter suggested the plant4ng of the shrubbery. The lattice
ax~ension will be used as · v~na trail4· ~o ~mprova ~he effectiveness of the
screen. After consult~tion w4th · Lew~a Homes landscape arcb/tac~, the
planting of shFubber~ or trees (e.g., Podocarpu·, Purple Hopseed, IUlian
Cypraa·, arc.) uould not be cost affectiv·. The planting of ·o&~--J-g ·hrub
is astimted ~o ba more than $400 along the northern perduetar. Contrast ~o
the ·Utmnts in the denial latter, there is var~ limited area for planting
in our back yard.
S~aff Res~onse~ If the applic·nt ~era ~o plant Podocarpu· gracilior
(5-gallon size) at 4 fast on canter ·cro·s the rear proper~y ~ina, the coat
would be approximataly $60 ($10 per plant). Fifteen gallon size plant·
would co·t approximataly $210.00 (or $35 per plant). Pricas of plant
matarial were verified with · local retail nursary. The planting area in
the rear patio (approximately 3 fast in width) is sufficient to ·ccouunodata
this type of planting (see Exhibit
· PRIVACY WILL BE CREATED USING THE LATTICE
AS A VINE TRELLISUSING THE FOLLOWING
PLANTS:
* BOUGAINVZLLEA
* WISTERIA
· SHRUBBERY
· RESTRICTS OUR
TAKING UP SPACE
LOT.
· REOUIRES
· DOES NOT
PRIVACY.
OPEN PRIVATE SPACE BY
IN OUR "POSTAGE STAMP"
MAINTENANCE.
PROVIDE IMMEDIATE
FIFTEEN GALLON
PLANTS ARE 2.5 FEET WIDE.
· RECOMMENDATION BY STAFF IS BASED SOLELY
ON DESIRE OF COMPLAINANT.
RELIEF FOR
PODOCARPUS
· PLANTING AREA IS 21 INCHES NOT 3 FEET.
As stated ~n ~ho I~Lnor Exception oppl£cat£on, thoro are rue lmtt£co
structures currently ~n ox£atenco at #£11ow Park that exceed 6 foot. To my
knoulodge, no oppl£cat£on for a M~nor Bxcopt£on has been f£1ed b~ o~ther
ros£dont.
Staff aeeoonse: Staff has verified that no other MAnor Exceptions have boon
applied for at Willow Park. $=aff will proceed with Code Enforcement
action.
· STAFF HAS BEEN AWARE OF EXISTING LATTICE
STRUCTURES WITHIN WILLOW PARK AND THERE
HAVE BEEN NO ACTIONS TO PROCEED WITH CODE
ENFORCEMENT
· ON OCTOBER 11,
OFFICER BURGAN
AT UNIT # 61
STRUCTURE WITH
TAKEN BY CITY FOR CODE ENFORCEMENT.
· A SUBSEQUENT SITEVISIT BY NANCY FONG
ON APRIL 7, 1994 INDICATED THAT THE
CITY WAS INVESTIGATING OTHER LATTICE
STRUCTURES AT WILLOW PARK WITH NO
SUBSEQUENT CODE ENFORCEMENT TO DATE AS
PROMISED.
1993, CODE ENFORCEMENT
BECAME AWARE OF LATTICE
WHILE OBSERVING OUR
NO SUBSEQUENT ACTION
(SELECTZVE SZTE ENFORCEMENT!)
In concZus£on, staff cannot support the appeal for the reasons noted above and
for the f£nd£nge noted £n the den£al letter (Exh£b£t 'D'). However, staff
cogn£z&nt of the need for pr£vac¥ An tornhome and condom£n£um projects
dens£t£es such am w£th£n th£e project. Staff euooeets ~hat ~he a~Dl£cant and
other £n~eree~ed homeowners work cons~ruc~£vel¥ with the W£Zlow Park Homeowner's
Assoc£a~£on and C£tv staff to develo~ a ~rototv~£cal fence ex~ene£on des£an that
could be used cons£stentlv throuohout the
· UNREALISTIC, REQUIRES MUCH TIME
AGREEMENT BETWEEN ALL HOMEOWNERS!
AND
CORReSPONDENCe= Notices were sent to adjacent prOl:~cy owners giving th~an ~0
days to co~aen~ upon ~he re~es~ prior ~o action by ~he City Planner. S~aff
received one objec=ion~le c~en= fr~ ~s. ~n Lun~, who resides ~o ~he noah
of the Fornals (see Exhibit 'C'). Planning s~aff ~hen visi=ed bo~h ~s. Lun~
and ~he Female in =heir res~c~ive h~ ~o obsess the si=ua~ion firs~ hand and
to e~ak wi~h bo=h par=ies. Af=er ~he ei~e vioi~ and careful conBidera~ion by
s=aff, the revest for the Minor Exception was denied (~ee Exhibi~ 'D'). S~aff
has received an addi=ional let=st fr~ ~s. ~n Lun~, who fu~her eta~es her
objec=ion ~o the la=~ice-work fence ex=ension
UPON TNO SITE INSPECTIONS, PLANNING STAFF
TOOK NO OFFICIAL MEASUREMENTS TO VERIFY
TOTAL FENCE HEIGHT.
LETTER FROM I~RS. ANN LUNGU LETTER TO
PLANN~'NG D:!:VZS'rON DATED HAY 25, 1994
(EXHZBZT G)
STAFF PRESENTED LETTER NZTHOUT
VERZFZCATZON OF STATEHENTS.
PRZOR
· CUTTZNG OFF SUPPORT POSTS
· 4 ZNCHES NOT ~ FOOT
· FENCE HEZGHT WZTH LATTZCE ADDZTZON
· ACTUALLY 6 FEET 8 ZNCHES NOT 7 FEET 6 ZNCHES
· "APPLZCANT DOES NOT HAVE THE WILLOW PARK
HOMEOWNERS' ASSOCZATZON APPROVAL."
· SEE EXHZBZT B, ALTHOUGH THZS POZNT ZS ZRRELEVANT
ZN REGARD TO CZTY APPROVAL.
VALUE ,.1UDGEHENTS - NOT FACTS
#! "THE EXTENSZON ZS NOT COMPATZBLE NZTH SURROUNDZNG
FENCZNG."
· WZLLOW PARK ASSOCZATZON HAS FOUND COMPATZBLE AND
APPROVED TNO OTHER LATTZCE STRUCTURES WZTHZN THE
COMPLEX.
#2 "THE EXTENSZON RESTRZCTS WHAT LZTTLE OPEN SPACE
THAT ZS AVAZLABLE."
· CURRENTLY THZS RESZDENT HAS A VERY LARGE [6 FOOT
TREE (SEE PHOTO) ZN HER BACKYARD AS WELL AS A LARGE
PATZO UMBRELLA. SHE HAS RESTRZCTED HER ONN
"PRZVATE OPEN SPACE." AS STATED BEFORE, THE
LATTZCE ONLY OCCUPZES "VERTZCAL SPACE."
#4 "THE APPLZCANT'S DESZRED FEELZNG OF PRZVACY CAN BE
CREATED BY UTZLZZZNG PLANTZNG HATERZALSw WHZCH ARE
HORE EFFECTZVEw HUCH LESS OFFENSZVE~ AESTHETZCALLY
PLEASZNG~ AND ALSO HORE ZN KEEPZNG WZTH THE CHARACTER
OF THE NEZGHBORHOOD."
· IN HER OPZNZON! WE FEEL AND HAVE BEEN TOLD BY
EVERY PERSON WHO HAS SEEN OUR LATTZCE~ ZNCLUDZNG
THE OTHER 3 AD30ZNZNG OWNERS, THAT OUR LATTZCE ZS
ZN VERY GOOD TASTE AND ZS SUPERBLY CRAFTED. WE
FEEL THZS WZLL BE EVEN HORE AESTHETZCALLY PLEASZNG
ONCE FLOWERZNG VZNES ARE ALLOWED TO GROW THROUGH
ZT.
"THERE ARE NOT SPECZAL CZRCUHSTANCES ..... ETC..
e
CONTRARY TO THZS STATEHENTw THE COHPLAZNANT HAS
CREATED SPECZAL CZRCUHSTANCESw NAHELY HER RUDE~
PERSZSTENT ZNVASZON OF OUR PROPERTYAS EVZDENCED BY
LETTERS (SEE PAGES E-2, E-3, E-4).
#6 GRANTZNG OF HZNOR EXCEPTZON CONFERS NO SPECZAL
PRZVZLEGE SZNCE ANY ZNDZVZDUAL CAN APPLY.
#7 "THE GRANTZNG OF THZS HZNOR EXCEPTZON ZS
DETRZHENTAL TO HY WELFARE AND ENJOYHENT OF HY
PROPERTY."
· THE GRANTZNG OF THZS HZNOR EXCEPTZON NZLL BE BASED
ON THE LATTZCE EXTENSZON NOT EVEN TOUCHZNG HER
FENCE AREA, THEREFORE, ZT NZLL NOT AFFECT HER, NOT
BEZNG WZTHZN HER PROPERTY LZNE.
SUMMARY
No DTFFERENCE BETNEEN TONNHOME AND
$'rNGLE FAMTLY DNELL'rNG FOR FENCE
VARTANCE.
· PR'rVACY
· GRADE DTFFERENCE
HOMEONNER'S ASSOCZATI'ON APPROVAL ZS
TRRELEVANT NTTH RESPECT TO THE
HTNOR EXCEPTZON CODE.
LATTTCE NTLL BE USED
TRELLTS AND THEREFORE
AESTHETTCALLY PLEASTNG.
AS A V'rNE
NTLL BE