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2005/03/09 - Agenda Packet
• n U THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA RANCHO March 9, 2005 - 7:00 PM cUCAMONGA Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Cali Chairman Maaas Vice Chairman McNiel Fletcher _ McPhail _ Stewart II. ANNOUNCEMENTS III. APPROVAL OF MINUTES February 9, 2005 February 23, 2005 IV. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial They will be acted on by the Commission atone time without discussion If anyone has concern over any item, ~t should be removed for d~scuss~on A HILLSIDE DEVELOPMENT REVIEW DRC2004-00260 - PETE VOLBEDA, ARCHITECT - A request to develop a 2-story single-family residence with a total floor area of about 3,684 square feet on a 20,282 square foot parcel in the Very Low Residential Distract (1-2 dwelling units per acre), located at 8960 Laramie Drive - APN 1061-801-30 PLANNING COMMISSION AGENDA March 9, 2005 ~ G't ONGA 2 V. PUBLIC HEARINGS The following items are public hearings m which concerned ind~v~duals may voce 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 l~mrted to 5 minutes per ~nd~vidual for each project Please sign in after speaking B ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16565 - VERNON MORRISON - A request to subdivide 1 25 gross acres of land into three lots in the Low Residential District (2-4 dwelling units per acre), located on Jonqwl Drive (a private egress/ingress access and drainage easement) west of Hermosa Avenue and north of Victoria Avenue -APN 1076-081-03 Related fde Pre- Application Review DRC2004-00635 Staff has prepared a Negative Declaration of environmental impacts for consideration C ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16776 -VAN DAELE DEVELOPMENT CORPORATION - A request to subdivide 19 gross acres of land into 59 lots within the Low-Medium Residential District (4-8 dwelling units per acre), located on the north side of Base Line Road, approximately 1,200 feet east of Etiwanda Avenue -APN 0227-131-29, 34, 35, 36, 52, 53, and 55 thru 58 Related Fdes Development Review DRC2004-00052, Variance DRC2004-01002, and Tree Removal Permit DRC2004-00701 Staff has prepared a Negative Declaration of environmental impacts for consideration (Continued from February 9, 2005) D VARIANCE DRC2004-01002 - VAN DAELE DEVELOPMENT CORPORATION - A request for an increase in wall height related to 59 single-family homes on 19 acres of land within the Low-Medum Residential District (4-8 dwelling units per acre), located on the north side of Base Line Road, approximately 1,200 feet east of Etiwanda Avenue - APN 0227-131-29, 34, 35, 36, 52, 53, and 55 thru 58 Related files Tentative Tract Map SUBTT16776, Development Review DRC2004-00052, and Tree Removal Kermit DRC2004-00701 (Continued from February 9, 2005) VI. NEW BUSINESS E ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00052 -VAN DAELE DEVELOPMENT CORPORATION -The review of site plan and elevations for 59 single-family homes on 19 acres of land within the Low-Medium Residential District (4-8 dwelling units per C' J • • n U _ PLANNING COMMISSION AGENDA March 9, 2005 jZANCeo 3 G'IICAMONGA acre), located on the north side of Base Llne Road, approximately 1,200 feet east of Etlwanda Avenue -APN 0227-131-29, 34, 35, 36, 52, 53, and 55 thru 58 Related files Tentative Tract Map SUBTT16776, Variance DRC2004-01002, and Tree Removal Permd DRC2004-00701 Staff has prepared a Negative Declaration of environmental Impacts for consideration (Continued from February 9, 2005) VII. DIRECTOR'S REPORTS F REVIEW OF CONDITIONAL USE PERMIT 88-45 MODIFICATION AND ENTERTAINMENT PERMIT 91-03 - MARGARITA BEACH AND CONDITIONAL USE PERMIT 94-01 - RAMONA MARKET - A review of the business operations located at 9950 Foothill Boulevard - APN 1077-621-34 VIII. PUBLIC COMMENTS i This is the time and place !or the general public to address the commission Items to be discussed here are those that do not already appear on this agenda j IX. COMMISSION BUSINESS X. ADJOURNMENT The Planning commtsston has adopted Admtntstrat~ve Regulations that set an 11 00 p m adjournment time If hems go beyond that time, they shall be heard only with the consent of the commtsston 1, Gatl Sanchez, Planning commtsston Secretary of the Ctty of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on March 3, 2005, at least 72 hours prior to the meeting per Government Code Section 54964 2 at 10500 Civic Center Drive, Rancho Cucamonga a.-/ ~. If you need speaal assistance or accommodations to participate n this meeting, please contact the Planning Division at (909) 477-2750 Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ® ensure accessibility Listening devices are available for the hearing unpaved Vicinity Map Planning Commission • March 9, 2005 A HILL: n U ),E '~ Meeting Location Rancho Cucamonga City Hall 10500 Civic Center Drive Rancho Cucamonga, CA 91730 N City of Rancho Cucamonga ~-`~ ~r Staff Report DATE March 9, 2005 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Tabe van der Zwaag, Assistant Planner SUBJECT HILLSIDE DEVELOPMENT REVIEW DRC2004-00260 -PETE VOLBEDA - A request to develop a 2-story single-family residence with a total floor area of about 3,684 square feet on a 20,282 square foot parcel in the Very Low Residential Distract (1-2 dwelling units per acre), located at 8960 Laramie Drive - APN 1061-801-30 . BACKGROUND The proposed single-family residence is located in the Very Low Residential Distract (1-2 dwelling units per acre), included in the Hillside Overlay Distract The development proposed in the Hillside Overlay is subtect to Hillside Development Regulations, Section 17 24 of the Development Code The intent of these regulations is to minimize grading, and ensure that the form, mass, profile, and architectural features of the house are designed to blend with the natural terrain, preserve the character and profile of the slope, and give consideration to the lot size and configuration Typically, the Hillside Design Review applications are reviewed and approved by the City Planner However, because the project includes excavation equal to or exceeding 5 feet in vertical depth, the application regwres the review and approval by the Planning Commission ANALYSIS A General The protect site is located on the north side of Laramie Dnve on a 20,282 square foot parcel The existing topography slopes approximately 2,234 feet on the north (rear) side of the lot to approximately 2,197 feet on the south (front) side The applicant is proposing to construct a 2-story single-family residence with a detached 3-car garage The first floor of the house will have three stepped pads with finished floor elevations of 2,211 feet, 2,212 feet, and 2,213 feet (mowng from the front to the rear) The detached garage will be located along the east property line, 27 feet to the rear of the residence, and cut into the hillside, which will have a finished surface elevation of 2,215 feet (Exhibit "D") The depth of excavation or "cut" regwred to construct the detached garage will vary approximately 5 feet in the front, to 8 feet in the rear As seen from the outside (south elevation), the garage will partially hide the surrounding slope The rear wall of the garage will act as a retaining wall, with the slope rising at a 2 1 grade from the midpoint of the garage then transitioning to a 3 1 slope to the rear property line • The proposed circular driveway at the front of the residence will require 6 1/4 feet of "cut," with the driveway rising at a maximum slope of 15 percent The remainder of the proposed house will comply with the Hillside Development Regulations which includes, limiting the maximum depths of excavations and fills to 5 feet high or less for features such as a patio and planter area, and ITEM A PLANNING COMMISSION STAFF REPORT DRC2004-00260 -PETE VOLBEDA March 09, 2005 Page 2 limiting the height of the retaining walls to 4 feet high or less Furthermore, the proposed home wdl be within the bwlding envelope as described in the regulations, and its height will be 30 feet or less, as measured from the finished grade The lot coverage is 24 7 percent, slightly below the 25 percent maximum permissible in the Very Low Residential Distract. B Tree Removal The applicant reports that the removal of the 13 trees is necessary because of the grading along the west property line The grading, by both the applicant and the property owner to the west, wdl result in a small "hump" between the two properties In order to construct a property Ime wall, the hump along with the subtect trees, will need to be removed In order to create a more open rear yard area, the applicant wishes to remove the 14th tree, which is located in the northeast corner of the lot C Grading Review Committee On August 1, 2005, the Grading Committee reviewed the protect The Committee recommended approval of the protect subtect to staff recommendations and the removal of an existing drainage channel at the southeast corner of the lot D. Design Review Committee The Design Review Committee (Fletcher, Stewart, Coleman) reviewed the site, grading, and architecture plans on August 1, 2005, and the protect was recommended for approval subtect to staff and Grading Committee recommendations • E Environmental Assessment The application is categorically exempt from CEQA review RECOMMENDATION Staff recommends approval of Hillside Development Review DRC2005-00260 through the adoption of the attached Resolution of Approval with conditions Respectfully submitted, Brad Buller City Planner BB TV/ge Attachments Exhibit "A" - Location Map Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Draft Resol - Site Plan - Conceptual Grading Plan - Site Sections - Roof Plan - Floor Plans - Exterior Elevations - Design Review Committee Action Minutes February 01, 2005 ution of Approval for DRC2004-00260 ~a j,~ ir- -T Z , ; ,' '~ ~ T TAT ~~ ; ~'~ t r `Y ; ~ ~r r,~ r r ~~~~vy~~P rfr~f t ,~/1~ r ~ ~/ /~r~r~~ , ~`~~r~~rt' Lr w/;~~ , ,~^ I ~ ~/ ~'~~~rrl ~~ ~ ~ - T r~,r ~ r % ~ r r f;Ll~~_ 0__ 1 ~'~ -- - ~rl ;,/, ~~ 'I ~1'f +-, C-; %ri`rl~ ~I w~T/~~~/) tf~ % I%/~ r-l~~r f r-~r ~ l~ ~/' /r~~~~ 1ii~~//1 /,!~/j 7 ~ r,/ /~~r ~f~r, r~ ~, % ~I~!/ ~~l/~l/ri i r I // lid/%r~~/r'~//; ; ~ ~f~r~~,~/,rt~r/~~%.i~~/%~i~/~, i~r f ~ ,fjr1,~ rr ' ~/, r; fir,,, ~; i,,,• r/~~r / lrr/s 1; ; ,~!/,~/f~~ ~ ~i~~ ,,,~, ;~ ~~~ri ~j~~i~'/,/r, >, r, ~ r~;'r, i;/~~~ '// ,~ / r /irf~rr ,ire ~ r ii~,'ii~''r//~i ~1I r%`~~1~~'r' l~~~l ~Jfr ~~l~~ ~;~lr ~,r~~/ `//~~~ f "/,!r ~/// t,~~ ~ ,i,rr /r; J r' ~ 7, / ,f;rj~Irr~~~l;~/~~r~/i~~~"/%i ~~~r J~j I~/ I f /~''~ %%%i%r~ ; f r ~~ i,~i~ r; r~~~, /~~ ~~, r;,/i ,~~~ ,;, , ~ /J' , , ,r j/,~~f ; ~~fr / /,/~~ i~r ` i,~ ,1/~ i%%/ rr/f J;~ ~/~~;r i~~i,~/, j; /~~~/ j r 1 j' r~/~~~ '/~j/!~~ r ~ ~ ~~~/,~%~~, i•,~ j~/ ' /~~J ~ / ~ ' ri ,i/ 1 ~ ;~ ~ ,1~~r/,r f ~ f / r ~~%~ ;'r/f 11~r~'r/ ~~ 7r~~ / ~ ~ ' ~' / 1~/~r';1~/j~~ril,r;~%~~r ;'~~~Ifl ~d ~~, 1181HX3 °~ r ~nl~a ~..~ Y~ Y ~~~~ E s i b~i~ ~~ ~ a saZZ ~~s€~ °~ D~~i R° t~ ~j €a ~ ~ ~ ~ ~ e ~~~ n ~ g ~ ~ €~ .~ -~ ~~ ~ ~ B FS ~6' ~~ A 7 ~i ~ ~ ~E~a 3 b ~ ~ ~ o ~ ~ ~,~~~ ° ~ 5 a ~ ~` Z ~' 0 ~ O F o. u~ r ~^ O ~ N_ W m N u~ D ' n ~ ti m ~ `'y N A ct~ j~ ~~~ ~~ € "~ e . "9~ ~~ zy$ e z~ ~ 6 ,~1, ti ~ ~iil3a~3a }'! ~SZZZ .~ ~~~ y lE~i~l~g a € F ~~ ~ppax7!7 'cN ~uavv! °~{~~ ~ CONCEPTUAL GRADING PLAN ,.,,, 1 ~~ a3uro 6` ~~' a earo Asoo ~ m ~, , a,a~° oozz a' tY e~ ~ ~ , Y' o stzz ~ ., ~ ~A F.'i I y w j 6 m pA ~i a~ ,5 r a !' ~ `\ ~ 3 ~~ _ Y / \~ _~ - ~i1 • a~+ ..,, .. a szzZ / ~ y o 1 FZ2 \ E > '~ ~_ I6 ~M 0!.600!@ N ~~ ~~ w ~ -~a ~~~~ m ~a~ut~l,t~ Pl~a~ 1 1 1 6 / 1 1 1 1 1 1 1 6 1 1 1 ~lOdy~ 1~1 I 1 / 1 11 ~I 6 1 1 ~{ it k 1 1 1~ 1 1 1 b' t ~~ o l l ~ 1 1 °e ~~ 1 1 i,{ 1 U Vg 1 0~ U N 1 Y 1 r r EXHIBIT `D' ~~ 0` I l e i l l mi ca aoe xvi OSII EL8 606 '81 JNOMItlOfYJ OH~MRI b0 31Y1tl21tl1 0969 09[00-400Z~iJd 21tlHVNl1~l 210 5321 ~ NOSTHB N 519 J 3 5 3 98[16 tl0 OJV~dI L(i 6tl ~ ' 2~1~ ~~1~ tl®~®9®fi ~b~~ ~ , n LJ -- --- -- -----1 I . - 1 I I- y ' W O kk 1, SI ________ __ __ __ a ~ ~ I n rl I 1 i 1 II O II to J J 4I II F I I I I I i i II I Y F ~ ~ N n ______L___ 1 ~ y F I 1 i ~ L I I 1 I I I 1 ' nr I I I 1 - I I ~ I r y ~ i a & I p F ~ I ~ x a r ~ I 1 ____ U ti I 1 I ~ a ~ y I I N I O I I O a a I I I O I I ~ I I 1 I ~ I ] ~ I I I L_ _J ~ I I y I I I I I u I r I I I 1 a 1 ~ I I 1 I I r 1 F I I a I I i W I~ 1 1 J I pp ~ Y I I I I r _ ~ ~ y i LL _ _ ________ a _ 1 i O I N ~ O I a N I I 1 I I a I I I I L_ 1 ____ __ _ ___ __ _________ 1 I _J I 1 I I ~ I I I I ~ 1 I I I 4 I 1 1 I I a I I EXHIBIT `E' ~~ ~~ EXHIBIT `F' ~~ bb' N Z 0 r 0 O r D z m m n n R n m C Z n v z m°r~~ a~~ ~ocA ~z_ oDi~ a °u~~"~c x ~yD nT O ~ 3I 2ND FLOOR PLAN ~~`~~ ~®~®~®~ ~'~ Pl~ipry~ N RES FOR IFTIKAHAR DRC2004-00260 615 N BBSON AVE, sort C IPLAPD CA 986 ____ .._....~ .... ........... ................ ~ 18 909 373 -50 wwc.va a~ t s LL N b by Cb'ew+vf Vail kLk WO t]1 9Ba6 tlJ QJb'ldl J 31Y5 3Atl N~TH9 N 519 1 p-t I I I}yl 1 ~ I ' I ~. 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Vb~ ; W 'n `f ~ L ~b 3N ~ ~`~ ~ 3' 0 0 ~~ o- O I~ Jo F~ WC ~' S t Z O J O ~// DESIGN REVIEW COMMENTS 7 00 p m Tabe Van der Zwaag February 1, 2005 HILLSIDE DEVELOPMENT REVIEW DRC2004-00260 -PETE VOLBEDA - A request for a single-family residence on Laramie Street in the Very Low Residential Distnct-APN 1061-801-30 Background The proposed single-family residence is located in the Hillside and Equestrian Overlay Distncts The intent of the Hillside Development regulations is to minimize grading and ensure that the form, mass, profile, and architectural features of the house are designed to blend with the natural terrain, preserve the character and profile of the slope, and groe consideration to the lots size and configuration Typically, Hillside Design Review applications are reviewed and approved by the City Planner However, because of the amount of excavation proposed, the pro)ect has been forwarded to the Design Review Committee for discussion This protect also requires the review and approval by the Planning Commission because more than 5 feet of cut is proposed Desion Parameters The existing topography slopes from about 2,230 feet on the north (rear) side of the lot to about 2,200 feet on the south (front) side The applicant is proposing to wnstruct a two-story single-family residence with a detached 3-car garage The first floor of the house wdl have three stepped pads, totaling 2 feet of stepping, with finished floor elevations of 2,212 feet, 2,213 feet, and 2,214 feet (moving from the front to the rear) By companson, the existing grade falls 7 feet within the same house footpnnt area The garage wdl be inset into the hillside to the rear of the residence and will have a finished surface elevation of 2,215 feet The depth of excavation, or "cut," that will be required to construct the garage will vary between 5 feet at its front to 8 feet at its rear (see Exhibit "B") The north and east walls of the garage will act as retaining walls to the adjacent slopes The garage, and the stairway leading to the roof top deck of the garage, will obscure the matority of the excavation The applicant proposes 584 cubic yards of export The applicant also proposes excavating between 6 feet and 6 25 feet at the front of the residence in order to construct a circular dnveway and formal entrance stauway (see Exhibit "B") The arcular dnveway wdl create a 6-foot grade difference, as viewed from the street, between the applicant's lot and the lot to the north Excavation throughout the rest of the property will be 5 feet or less Two retaining walls, 3 feet in height, are proposed along the southeast property line in order to construct a dnveway Additionally, a 4-foot high retaining wall will be incorporated into a set of stairways leading to the main entrance of the residence The overall height of the structure will not exceed 30 feet measured from the firnshed grade Lot coverage will be 25 percent -the maximum permissible in the Very Low Residential District Staff Comments The following comments are intended to provide an outline for Committee discussion Major Issues The following broad design issues will be the focus of Committee discussion regarding this project Grading Concept The proposed grading scheme does not meet the intent of the Hillside Development regulations to mirnmize grading and ensure that the form, mass, profile, and architectural features of the house are designed to blend with the natural terrain N ~/ %i~ DRC COMMENTS DRC2004-00260 -PETE VOLBEDA • February 1, 2005 Page 2 Staff believes the following are not consistent with the concept of "minimal grading" the entire lot is being graded, only 2 feet of stepping in the main house is proposed compared to 7 feet of existing fall, and extensive excavation is proposed, much of it to accommodate the detached garage at the rear (uphill) of the lot, and resulting in 584 cubic yards of export from site The applicant is proposing the maximum excavation ("cut") orfill allowed in the Hillside Overlay of 8 feet for the garage Amounts in excess are discouraged, and when viable alternatives exist, staff will suggest to the applicant that they seriously consider those altematwes first The applicant was informed that both the garage and circular drweway would need to be modified in order to reduce the amount excavation He was also informed that if these changes were not made that the plans would need to be reviewed by the Design Review Committee The applicant has responded in writing that he does not wish to modify the plans to correct the excess grading issue (see Exhibit "C") Development Code Section 17 24 070 G 11 establishes the following criteria for the Planning Commission to allow 8 feet or greater excavation "Cut orfill slopes shall not exceed 8 feet in height at perimeters of the site or elsewhere without the use of walls, terracing, and other mitigating measures, such as contour grading orlandscape buffering, and then only as approved by the Planning COmmISSIOn after conclusive demonstration that such cut or fill heights will not adversely affect adjacent properties, views, landforms, or other s~gmftcant considerations not specifically discussed here, and that they are absolutely required to accomplish land development under extreme or unusual circumstances and conditions '(emphasis added] Secondary Issues Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues Slope planting does not meet minimum City standard of Slope banks 5 feet or greater in vertical height and of 5 1 or greater slope, but less than 2 1 slope, shall be, at minimum, ~mgated and landscaped with appropriate groundcoverforeros~on control Slope banks 5 feet or greater in vertical height and of 2 1 or greater slope shall be landscaped and ~mgated for erosion control and to soften the~rappearance as follows one 15-gallon orlargersize tree per each 150 square feet of slope area, one 1-gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of 8 feet in vertical and of 2:1 orgreaterslope shall also include one 5-gallon or largersize tree per each 250 square feet 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 ~mgat~on system to be installed by the developerpnorto occupancy Maintenance by a Homeowners'Assoaat~on may be required by the Planning Commission on a case-by-case bans " {emphasis added) This will be a standard condition of approval Staff Recommendation: Staff recommends that the Committee not approve the proposal as submitted Attachments Design Review Committee Action Members Present Fletcher, Stewart, Coleman • Staff Planner Tabe van der Zwaag The Committee felt that the design was typical for the neighborhood and recommended approval as proposed ~~~ l o l i i l e .-~,- t } I alallliee ~~ 111 e 8 I 1 I 1~7~ i 1 1 i I 1 I I~~e I I °r o, ~~ ~+Y i 6 6 Wt ~a ~~ 1 1 i ~U I 1 1 i,l 1 U ~ U e e o3 V W N I t 53 4 ~ 63 9 EXHIBIT `B' ~° DRS '~`~'°~ a~~~s- ~is~ f i l e i l l PETE VOLBEDA, ARCHITECT ~ln' of Rancho Cucamonga Planning Dept January 12, 2005 Taba Re Iftakhar We got your phone message We want to proceed with the des-gn as is for both the garage and circular dnveway We have worked with Rubin too long to now be informed that the design will not be supported Also the reason we want to remove the existing trees ~s to make a more usable rear yard and to delete the "hump" that is being created by the cut on both sides of the PL including the Chen residence under construction Please review this situation that is being created at the side PL ~~ ~~, Sincerely, Pete Volbeda ~ CC Ifrakar EXHIBIT ' V' JIT ~ PL~D CA 91 86 • P9373- 50 • FAX 909-373-1152 pis RESOLUTION NO 05-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HILLSIDE DEVELOPMENT REVIEW DRC2004-00260, A REQUEST TO DEVELOP A 2-STORY SINGLE-FAMILY RESIDENCE WITH A TOTAL FLOOR AREA OF ABOUT 3,684 SQUARE FEET ON A PARCEL OF 20,282 SQUARE FEET, IN THE VERY LOW RESIDENTIAL DISTRICT ( 1-2 DWELLING UNITS PER ACRE), LOCATED AT 8960 LARAMIE DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 1061-801-30 A Rectals 1 Pete Volbeda, on behalf of Sam Iftikahar, filed an application for the approval of Hillside Development Review DRC2004-00260, as descnbed m the title of this Resolution Hereinafter m this Resolution, the subtect Development Review request is referred to as "ihe application " 2 On the 9th day of March 2005, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date 3 All legal prerequisites pnor to the adoption of this Resolution have occurred B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Plamm~g Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth m the Recitals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission dunng the above-referenced meeting on March 9, 2005, including wntten and oral staff reports, this Commission hereby specifically finds as follows a The application applies to the property located at 8960 Laramie Dnve, with a street frontage of 90 feet and lot depth of 232 feet, and b The subtect property slopes from north to south with an elevation of 2,234 feet on the north (rear) side and an elevation of 2,197 feet on the south (front) side, and c The properties to the east, west and south have been developed with single-family residences The property to the north is vacant land; and d The applicant proposes to construct a 2-story single-family residence of about 3,684 square feet, along with a detached garage of 695 square feet Total lot coverage is 24 7 percent, and e The proposed residence will have a first floor with three stepped pads with finished Floor elevations of 2,211 feet, 2,212 feet, and 2,213 feet (moving from the front to the rear in a north to south direction), and f The detached garage will be located along the east property Ime, 27 feet to the rear of the residence and cut into the hillside that will have a finished surface elevation of 2,215 feet The depth of excavation or "cut" that will be required to construct the detached garage, will vary between 5 feet at its front to 8 feet at its rear, and ~~' PLANNING COMMISSION RESOLUTION NO 05-13 DRC2004-00260 -PETE VOLBEDA March 09, 2005 Page 2 g The proposed circular dnveway at the front of the residence wall require 6 1/4 feet of "cut," with the dnveway rising at a maximum 15 percent slope, and h Excavations on the remainder of the property will be limited to 5 feet or less, with the applicant proposing to export 584 cubic yards of sod from the site, and i The site is vacant and contains native shrubs, grasses, and 17 trees, which are situated along the west property line, and The proposed development is consistent with single-family development in the area, and k The proposed 2-story single-family residence meets the intent and guidelines of the Hillside Development Regulations I There are 14 eucalyptus trees planted in a windrow along the west property line that are proposed to be removed 3 Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a The proposed protect is consistent with the objectives of the General Plan, and b The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located, and c The proposed use is in compliance with each of the applicable provisions of the Development Code, and d. The proposed use, togetherwith the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity 4. The Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15303(a) 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Department 1) Approval is for the construction of a 2-story single-family residence of 3,684 square foot home, located at 8960 Laramie Drive 2) Approval is hereby granted for the related Tree Removal Permit DRC2004-00821, which is for the removal of 14 eucalyptus trees on the site, subject to replacement planting on a 1 1 ratio with new Eucalyptus maculata Spotted Gum trees ~l~ PLANNING COMMISSION RESOLUTION NO 05-13 DRC2004-00260 -PETE VOLBEDA March 09, 2005 Page 3 3) The detailed Landscape and Irngation Plans shall be submitted at the time of plan check to the Planning Department for review and approval A minimum of 30 percent of the landscape matenal shall be large size (minimum 24-inch box size trees, 10-gallon shrubs) within the front yard and visible portions of the side yard, in order to create a mature appearance The City Planner must approve the Detailed Landscape and Imgation Plans pnor to the issuance of Budding Permits The front yard landscaping shall be installed pnor to the release of occupancy 4) Sloped banks 5 feet or greater in vertical height with 5 1 or greater slope, but less than 2 1 slope, shall be, at a minimum, imgated and landscaped v~nth appropnate ground cover for erosion control In addition, meandenng and varying slopes shall be created to eliminate unstable or unnatural appeanng conditions 5) In addition to the vegetation regwred by the Hillside Ordinance, extensive ground cover plantings will be regwred on the front slope to provide erosion control to the satisfaction of the City Planner 6) Any walls in the 42-foot front yard setback, as measured from curb face, shall be limited to 3 feet in height Current plans show a 6-foot high garden wall at the southeast comer that is above the allowed height limit Lower the height of this wall pnor to plan check submittal 7) The retaining walls exposed to public view and return walls are to be decorative masonry and compatible with the architectural style 8) A decorative gate shall be provided along the north penmeter wall/fence to provide for maintenance and horse access to the equestnan trail The location of this gate shall be shown on the Precise Grading Plan 9) Any revisions to the Grading Plan, including changes in the quantities ordepth of cuUfill, will regwre the review and approval by the Grading Review Committee and Planning Commission 10) Remove the existing drainage channel at the southeast comer of the lot 11) Round off and contour all graded slopes to blend vhth the existing terrain and present a natural appearance Engineenng Department 1) Install dnve approach, sidewalk, and street trees per Gty standards to the satisfaction of the City Engineer Revise the City Street Improvement Drawing No 847 Plan Check Fees shall apply Improvements shall be constructed per City Street Improvement Drawing No 847 2) Secunty shall be posted and an agreement executed to the satisfaction of the City Engineer and City Attorney, guaranteeing completion of the public improvements, prior to the issuance of a City Budding Permit ~~~ PLANNING COMMISSION RESOLUTION NO 05-13 DRC2004-00260 -PETE VOLBEDA March 09, 2005 Page 4 3) Pnor to any work being performed in the public nght-of-way, fees shall be paid • and a construction permit obtained from the City Engineer's office in addition to any other permits required 4) Provide a Water Quality Management Plan (WQMP), per the San Bernardino County Water Quality Management Plan for New Development and Redevelopment Protects http //www swrcb ca gov/rwgcb8/html, and identify applicable Best Management Practices (BMPs) on the Grading Plan 5) Fees due pnor to the Bwldmg Permit Transportation $1,710 05, Beautification 0 20 cents per square foot of Irving area, Drainage $15,300 per net acre, and Park $2,500 47 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2005 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Maaas, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Plamm~g Commission of the Gty of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Plamm~g Commission of the City of Rancho Cucamonga, at a regular meeting of the Plamm~g Commission held on the 9th day of March 2005, by the following vote-to-vnt AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~/9 .BAt,+. ;~r~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: HILLSIDE DESIGN REVIEW DRC2004-00260 SUBJECT: 2-STORY SINGLE-FAMILY RESIDENCE APPLICANT: PETE LOCATION: 8960 LARAMIE DRIVE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date ~. General Regwrements 1 The applicant shall agree to defend at his sole expense any action brought against the City, tts _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the Ctty, its agents, officers, or employees maybe regwred by a court to pay as a result of such action The City may, at its sole discretion, partiapate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition 2 Copies of the signed Planning Commission Resolution of Approval No 05-13, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size) The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Archdect B. Time Limits 1 Conditional Use Permit, Variance, or DevelopmenUDesign Review approval shall expire if _/_/_ building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C. 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 Department, the conditions contained herein, Development Code . regulations 2 Prior to any use of the protect site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the City Planner SC-11-04 ~~O Project No DRC2004-00260 Completion Date 3 Occupancy of the facilities shall not commence until such time as all Uniform Budding Code and _/_/_ State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Bwlding and Safety Department to show compliance The buildings shall be inspected for compliance prior to • occupancy 4 Revised site plans and bulding elevations incorporating all Conditions of Approval shall be _/_/_ submitted for City Planner review and approval prior to the issuance of building permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, bulding, etc) or prior to final map approval in the case of a custom lot subdiwsion, or approved use has commenced, whichever comes first 6 Approval of this request shall not waive compliance with all sections of the Development Code, all ~~_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of bulding permit issuance 7 If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with ~_/_ all receptacles shielded from public view 8 All ground-mounted utility appurtenances such as transformers, AC condensers, etc ,shall be ~~_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner For single- family residential developments, transformers shall be placed in underground vaults 9 All building numbers and individual units shall be identified in a clear and concise manner, ~_/_ including proper illumination 10 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 Ctty Planner review and approval poor to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans Developer shall upgrade and construct all trails, including fencing and drainage devices, in confunction with street improvements a Local Feeder Trails (i a ,private equestrian easements) shall, at a minimum, be fenced _/_/_ with two-rail, 4-inch lodgepole "peeler" logs to define both sides of the easement, however, developer may upgrade to an alternate fence material b Local Feeder Trail entrances shall also provide access for service vehicles, such as _/~_ veterinarians or hay deliveries, including a 12-foot minimum drive approach Entrance shall be gated provided that equestrian access is maintained through step-throughs c Local Feeder Trail grades shall not exceed 0 5% at the downstream end of a trail fora _/_/_ distance of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street Drainage devices may be regwred by the Bwlding Official d Provide a 24-foot by 24-foot corral area in the rear yard Grade access from corral to trail _/_/_ with a maximum slope of 5 1 and a minimum width of 10 feet e For single family residential development within the Equestrian/Rural Overlay District, at _/_/_ least one model home shall be provided with a constructed 24-foot by 24-toot corral with appropriate fencing • SC-1-04 2~~/ Protect No DRC2004-00260 Comolehon Date D. Building Design 1 All roof appurtenances, including air conditioners and other roof mounted egwpment and/or protections, shall be shielded from wew and the sound buffered from adfacent properties and streets as required by the Planning Department Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner Details shall be included in bwlding plans E. Parking and Vehicular Access (indicate details on building plans) Multiple car garage driveways shall be tapered down to a standard two-car width at street F. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping 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 All private slopes of 5 feet or more 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 regwred bythis section shall include a permanent irrigation system to be installed by the developer prior to occupancy 3 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater slope shall be landscaped and 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 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 pnor to occupancy 4 For single-family residential development, all slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer Prior to releasing occupancy far those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. 5 Front yard and corner side yard landscaping and irrigation shall be regwred perthe Development Code This requirement shall be in addition to the required street trees and slope planting 6 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subfect to City Planner revew and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department G. Other Agencies The applicant shall contact the U S Postal Service to determine the appropriate type and location of mailboxes Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subfect to City Planner review and approval prior to the issuance of building permits LJ -/-/ -~-~- ~ ~ ~~- -/~- / / / / ~-~- SC-1-04 3 //~~ Protect No DRC2004-00260 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS NOTE ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements Submit five complete sets of plans including the following a Site/Plot Plan, b Foundation Plan, , c Floor Plan, d Cedtng and Roof Framing Plan, e Electncal Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g Planning Department Protect Number (i e , DRC2004-00260) clearly identified on the outside of all plans Submit two sets of structural calculations, energy conservation calculations, and a soils report Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal Contractors must show proof of State and City licenses and Workers' Compensation coverage to the Ctty pnor to permd issuance Separate permits are requred for Penang and/or walls Site Development 1 Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the protect file number (i e , DRC2004-00260) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new residential protect or mator addition, 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, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance 3 Street addresses shall be provided by the Building and Safety Offiaal after tract/parcel map recordation and prior to issuance of bwlding permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday through Saturday, with no construction on Sunday or holidays Comoletlon Date C~ / / / / /_/_ / / • / / / / / / / / SC-1.04 4 ~~ 2 Project No DRC2004-00260 ~J. New Structures 1 Provide compliance with the California Bulding Code (CBC) for property line clearances considering use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for regwred occupancy separations 3 Roofing material shall be installed per the manufacturer's "high wind" instructions K. Grading 1 Grading of the subtect property shall be in accordance with California Bulding Code, City Grading Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to pertorm such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of applicatjon for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Bulding and Safety Official prior to the issuance of bulding permjts 5 A separate gradjng plan check submittal is regwred for all new construction protects and for existing bwldings where improvements being proposed will generate 50 cubjc yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Street Improvements Pursuant to City Counal Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit js required unless, in addition to any and all other codes, regulatjons and ordinances, all improvements regwred by these conditions of development approval have been completed and accepted bythe Cjty Council, except that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those bwldings, or unjts proportionate to the completion of improvements as required by conditions of approval of development In no case shall more than 95 percent of the bujldings or units be connected to energy prior to completion and acceptance of all improvements regwred by these conditions of approval of development M. Drainage and Flood Control Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adtacent areas 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 Completion Date -~-~- / / / / -~-~- / / / / / / / / / / SC-1-04 5 , ~~~ Project No DRC2004-00260 Completion Date N. Utilities Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards Easements shall be provided as regwred The developer shall be responsible for the relocation of existing utilities as necessary Approvals have not been secured from all utilities and other interested agencies involved Approval of the final parcel map will be subject to any requirements that may be received from them APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Security Hardware A secondary locking device shall be installed on all sliding glass doors One-inch single cylinder dead bolts shall be installed on all entrance doors If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used All garage or rolling doors shall have slide bolts or some type of secondary locking dewces P. Windows All sliding glass windows shall have secondary locking devices and should not be able to be lifted from frame or track in any manner O. Building Numbering Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED --~ / / -~-~- _/~_ / / ~~- -J ~- _/_J- SC-i-oa 6,~~.5' ~ RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS June 17, 2004 Iftikahar Residence SFR 8960 Laramie DRC2004-00260 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT FSC-2 Fire Flow Please provide the square footage of all connected structures The regwred fire flow for this protect will be determined in gallons per minute at a minimum residual pressure of 20- pounds per square inch This regwrement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire District Ordinances For structures in excess of 3,600 square feet use CFC Table A-III-A-1 On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed protect site. Please complete the following prior to the issuance of any building permits: Fire Flow A current fire flow letter from CCWD must be received The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services 2. Address: Note on the plans that prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background The numbers shall be internally or externally illuminated during periods of darkness The numbers shall be visible from the street When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry ~1 L..J ~~~ _ - _,~ - F' £T ~'"'4 T H E C I T Y O F cr RANCHO C U C A M O N G A Staff Report DATE March 9, 2005 TO Chairman and Members of the Planning Commission FROM Brad Buller, Clty Planner BY Mlke Smith, Assistant Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16565 - VERNON MORRISON - A request to subdivide 1 25 gross acres of land Into three lots in the Low Residential District (2-4 dwelling units per acre), located on Jonquil Drive (a private egress/ingress access and drainage easement) west of Hermosa Avenue and north of Victoria Avenue - APN 1076-081-03 Related file Pre-Application Review DRC2004-00635 Staff has prepared a Negative Declaration of environmental Impacts for wnsideration ANALYSIS A Slte Characteristics The 52,826 square foot property has a depth of about 308 feet (east-west) and a width of 172 feet (north-south). Generally level with a slight slope to the south, the property is about 6 feet above the finished surface of Hermosa Avenue. The property is comprised of the applicant's home, asingle-family residence, located at the east end of the property, and several storage/shed structures There are numerous mature trees throughout the site Access to Hermosa Avenue Is provided by an existing driveway (Jonquil Dnve) located along, and parallel to, the south property line Jonquil Drive is not a public right-of-way The different pace of development on the surrounding properties has led to lot sizes that vary within a range of about 10,000 square feet (tract neighborhoods in the general vicinity) to about 50,000 to 60,000 square feet (parcels immediately to the west and north) The properties surrounding the subtect site, except to the east, are zoned Low Residential District, with varying dimensions and lot sizes, and are improved with residential structures The property to the south is also a Christmas tree farm The property to the east is zoned Open Space (OS) and is Hermosa Park B Project Description The applicant proposes to subdlvlde the property into three parcels with the new lot Imes aligned north-south (Exhibit C) Parcel 1 well be about 172 feet wide and 148 feet deep with an area of 25,395 square feet Parcels 2 and 3 will be about 172 feet deep and 80 feet wide with an overall area of 13,715 square feet The existing single-family residence will remain on Parcel 1 The applicant proposes to construct one single-family residence for his family members on each of the other two parcels at a later date Development of these remaining parcels well be subject to the applicable site development standards for the Low Residential District including, but not limited to, design, grading, and construction requirements Access to Parcel 1 will continue to be via Jonquil Drive As no new street Is proposed, public street access for Parcels 2 and 3 will also be provided via Jonquil Drive As It Is required that all new parcels have direct access to a public street per Planning Commission Resolution No 79-07 (Exhibit E), this aspect of the proposal was forwarded to the Planning Commission on ITEM B PLANNING COMMISSION STAFF REPORT SUBTPM16565 - VERNON MORRISON March 9, 2005 Page 2 July 14, 2004, for a Pre-Application Review workshop (Exhibit F, Related File DRC2004-00635) for discussion The Commissioners accepted the applicant's rationale for this deviation from the adopted resolution and have allowed the applicant to design the parcel map as submitted Note that this access route wdl regwre the property owners of the newly subdivided parcels to cross into each other's properties in order to access Hermosa Avenue To ensure that the these property owners (current and future) have unimpeded access to Hermosa Avenue and maintain their portion of Jongwl Drive, the recordation of easements has been incorporated as a condition of approval in the attached resolution C Gradina/Technical/Design Review Committees The Grading Review Committee (To and James) and Design Review Committee (Stewart, Fletcher, and Coleman) recommended approval at their meetings on January 18, 2005 The Technical Review Committee completed its analysis and accepted the protect with conditions, specifically, in relation to the use of Jongwl Drive as a drainage and access easement D Neighborhood Meeting A neighborhood meeting was conducted on January 26, 2005, at the Valencia Commons Senior Center, located at 6729 Hermosa Avenue Property owners within 300 feet of the subtect property were notified of the meeting and invited to attend. Other than the applicant and staff, there were no partiapants from the surrounding community present E Environmental Assessment The Initial Study was completed and staff determined that, with Mitigation Measures, there wtll not be a significant adverse impact on the environment as a result of this protect. In the short-term, there wdl be construction-related air quality and noise impacts Long-term impacts include the removal or relocation of some trees to allow the construction of the homes and minor changes in drainage/hydrology These impacts will be minimized with the incorporated mitigation measures Staff recommends issuance of a Mitigated Negative Declaration CORRESPONDENCE This item was advertised as a public hearing in the Inland Vallev Daily Bulletin newspaper, the property was posted, and all property owners within 300 feet of the protect site were notified No comments have been received regarding to this project RECOMMENDATION Staff recommends that the Planning Commission approve Tentative Parcel Map SUBTPM16565 through adoption of the attached Resolution of Approval with conditions Res~e ty su ~~~~' Bra~yN r City Planner Attachments Exhibit "A" -Vicinity Map Exhibd "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" - Aerial Photo -Tentative Parcel Map - Grading and Cross-Sections - Resolution No 79-07 (Subdivision Access Improvement Policy) - Planning Commission Workshop Minutes dated July 14, DRC2004-00635 2004, for Exhibit "G" -Design Review Committee Action Comments dated January 18, 2005 Exhibit "H" -Excerpt of the Development Code, Basic Development Standards Exhibit "I" - Initial Study Draft Resolution of Approval for Tentative Parcel Map SUBTPM16565 ~a s~~`~~ ` ~~~~7 • i ~g E a~~ wy~ ~TM`y t w c4 _I~4\~ N g~. ~~ > W LL ~ 2 O U V c '~RQ ~'e o" l ~;& N ~ ~~ O ~1 hl 1. .~ ~~ #~ r - I~ _ ~:j5'e ;I @ I ~~"~ ~,"L4=~ ~ '~ i 2 lm --3 a ~~~~~ ~tep-0~ mµ1 , ~9 - ~~ ann Ili' ~~. o ?/r'~i ~~. 5~ ~r';Lrawo V` 5~tlcyw 0..~ Z ;,~ ~Q~ aV u Inynvn I_ li c II ~ ~-a ~.. , ,~, ... x,_.__ .ay~l x ' ~~uYn~+~'ixe.'LI ~~ N~M ~ III ~ ~~ ~\ ~.' : it I ~ =~ a "-~mal-d ~ i-yp I ~fi~,I-iL . um I, I gl~ ~I~h~~ il~;ln~lc,~ts- ~ '~ :•~rL~'rIamur"vii ~.~,~rmj ~I '~iwa~ ~-FVi~im ~Ir'Ha~n~~ Sl~~~ ~~I~a~i ~I f$I~ kI I I.+mr.,S++ai.5 i ~- i ~a ~~'i_L zl I ~5~~ gi I ~ ~rwI -~ ~I ~ ~ C~,(~v- i~. w r~,~-- ` ~_ ~r°n t;l ~=1J~ Id1 -~~~~i~°us~4 i I~ ~i ~' Iv~, o~ s ~~j~~ y~ ~ 1 ]~I'~~- 2~ ~ ~I ¢ ~~' 9~ ~ ~I ~^r~l ~[°°im' > ¢>~C o i it M ~~ G~ J~fl s ~ ~a_ ~,~~„rs~~l"i sly s~l~ lip ~ o~~~ E9~ :., ~y ~.C~ -~-_l~ ~a:~l'~`~ ~j~ y~ a 4~- `v 8 3~~~c+ ~ ~ Ili ~ ~~mn"a =R~ vrl ~'J ~ vrr -- '"~ y i R fig. ~' ~ n rrnln y ~ ~ ~r6 e ~"~~ ~~ i ~ ~~I~ e _ e ~ rr r ~l pp6gga ~ ,~~~ 31 a a.a. ~; ~~. i ~~~ ~ I g~~a A I ~ __ ~ ~ I i1~~ ~" ~yl jyll~~ ARCHIBA~UI AVE~n:~~'Y1 ~ f~l ~ ~ ~' mJ~ e~~_ a ~ ~' ~~ ,.> ~ /ICI ~I ~ ~~ ~ I a ~'I 9~~33~~~~E `a ~ ~I_I~a~s ~~_~I I .., g i ~ ;~»r~. nTp~,a',rn,` ~~ ~' v,.,mfltny, ~i ~ ~' Cs~~ G ~ 5~!~~ y a~ ~ ~I~ I Lei J ,.9 r--~ YY I m'~i ~6 ~~_r a'I 5~~'i=-. 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EEE.T ~ 25395,49 S(~~ FEE 1- 1 148 07' - __ -- - -_ .~._ -7 PP i 76' va.ruT ~. I PROPOSED LOT _ LINE ~ ~I ~~v ~I l_ )~ I w.~ ..... ~ O HB ~I ~I ~I .. 1 i I ."°'°' ~ I ® I - --I ~ HB I ~ J^NQUIL DRIVE PRIVATE DRIVE ~'~ 36' MExIC RExlcw _,--~ BALM ~esL~ :-.. N 79. 97' u~ ~ n CONCRETE ~ i DRIVEWAY I ~ ® I _PCPPER - -~- 2P£PPtR ie FH i AC PAVEMENT O DG C DIKE 36' W V _~ 79. 97' 36' EucALiWkB, 07' SAC DIKE 2P i „ ---I----~ ----~-----' ---- --~--;- N -~ss~- I_ - W - - ; -~-- ~ ~n~ n~ ~s ~~~x F -~ ~ i _ ~ I o ~ _ ` ~ l+ 3 u ~ ~ "~ _ - ~. -S_______ ,n3uro aen eons sNlulxa I _.~_-__-~-- --- ~~' gym' /` ~ --- L~ ~ ~ - -_-- ~-T---~__-- - -, -__~------r- L _ _ l9 4L1 M~tt,L9A0N I _- 2~NISSI fl RZTSR41lErS •Fr~ ~ ~- ~`\ ` _ C ' r( ,. \ I TrM ONINIY33tl .9 0 I%3 n 71 ~L/SZrI ' \ l ~ ~ Y -_ _ ~, \ , \\, O I ___ 1 \ p~ _ °~ _~ ' \ \ r ---'- --- I ~ K ~' nl ~---~ I 1 ql__ I I W \\ ~ ~„ ~ ~ 01 (9s>I 'yn ' I EiYI I I OI h ~; ~ ~ ~ E~ L~ L- I 1 , I• >_ >'B Q I ' ~ 11 0 ~= a ~~ I ~y I \ L _, I ~ I ~ u3 I 1 }` , ~ I I O v `\ - 1 I I H ~ \ N 1 1 ~ I 9Z x,. o ,~ ° ~~ e g~~~ ~ I ' 3 \ i ` ~ ~~ ul ' I W ~1T,-~ .19 lLl ~ I e I = ul 11\I ~_ ~ I \ ~ I I, ~ ml ~ ~ t~ = 1 100• UI ° I I ~~ of ~,` N G'1 r ~ ', ~o i I ' I ~ : -~ w s $ ~ C~ ~ III I ~ I ~ lL' ~\ ~i T9 a I~ I~ Yi a l ~ I Eg , I~ i o I W I I E I W ~o I m I ~° I o l I ~ 8 itI I `~ I ~ 1 i ~I 11I I °= I I L i __ l~-~ I C~ ~ I ~_ ~ Is ILI ~" a v e { ~ I ~. ~_ , 8 0 9 ; ~ ~s '^ 3100 I I I '"`c ~ ~° xso w 63yO ~ a313n a31rM ON ixi ; ~ I ~ ~ ~R6~ O u~ .00 Z i I I Q a N ~ ~o a II ° I I <o rI ~a II V ~A, d ~~ -- /, / -J , I ~ rRti0.Tl^ _ 1 1 / IS lLl fZ,LCIION ' w I ~ I 4 ~ •,~ ° 1 ~~ I I °` g ~ ~yL EXHIBIT `D' I - ----- I ~ n~ I 3 I T ° ~ I , ° i ~( i Fu S I~ 1 ! ! ~ {i ~ IARCEL -~ -- --- - - - II II 11 ~ 110 1 _uo _ _ _ _ __ _ __ _ II II 11 EARTH SWALE i0 DRAIN- II _ II - - u II x 'll < APPRO%IMATE PAD LOCATION II 3_ _-___ _ _ ~~q ~ (5' BEYOND BUILDING) 11 j PAD ELEVATION=35 0 11 /,ll,'J 11 11 If --- --------- - ------------ II 1 ~~EAPTIi SWALE TO DRAIN PARCEL 2 PARCEL 1 __ _ __ ___ _._ J ___- _ _ _ _ _ _ _ 6 .l- __ _____ ___ __. __ __ _ _ _ _ x ~ z _____ _APPR01(IIQTE-PJtO"tOCKfILiI>-"_ __ - _ ._________________ _ __ _ N , / (S' BEYOND BUILDING) - ~ -_ - E%ISTING REl WALI - ' PAO ELEVATRiR-31 6 - ------------------------- E%ISTING HOUSE EARTH SWALE TO DRAIN ~. FF=(7433 3t) r___________ ________________I I I . u I I n`1, `~J 1 _ 1 _ _ 1 ~ I I___ ~_____~ - ~ ~ ~ ~~~ _ - ~--- ~ ~ -EARTH SWALE TO GRAIN -~ - S(AI_ES HORIZ 1"=20', VERT 1"=2' 'GTE THIS CROSS SECTION IS FOR CONCEPTUAL PURPOSES ONLY DEVELOPER/OWNER SHALL ROVIDE THE CITY WITH ROUCH/PRECISE GRADING AND SITE PLANS FOR APPROVAL PRIOR 0 ANY GRADING OR CONSTRUCTION _.. ~~$ II, n ~~~ II ~I~ , 11 ' II I I I li " I I III i III I III II I~I I r III II II I I I ~u I'I II it I i 1 - - -- -- -- - - - 40 __ ~r -_ __ _ _ i -- - -- - - -- ------ -- -- - 200• PARCEL 3 i 39 •. - --_ ____ __ __ _-___- _ __-__ _-_ __.___ m 21 YAX SLOPE m 37• 38 "' APPO%IYATE EXISTING I ~ 1 ~, `` ``~pN13N CRADE ~ - _~_ 37 i-+--_- - ~ I _< ~ ,~, __ `'~~~~` I 2600• o~ 4,u, APPRO%IMATE PAD-LQGTION ~ 33 ~ (5' BEYOND BUILDING) ~~ ~ 2 30' PAD ELEVATION=350 ~` - '{' ,~ __ 31 - __ -- ___ _ -___ __-__-_ ___ _ __ - ~, ~ 00X __ 33 --_-- __-- JOIN P1i4P~3ED_A.C~.E'AIL_-- -- _ ___ ____ S E C T I O_N _B_- B _ _ __-_ __--__ ~'~ _ DR"°' 32 SCALES NOR2 1 =20', VERf Y=2• ___ _-~ _- 31 __----- --_ __ ________________ _i mco ~ I __ __C ___-_ -_ _ ___ _ ~ ___ __ .r __ __ ____.__ -____._-__ _-_ __ ~ 1 zoo• PARCEL 2 I -- - -- -- ~'~~~ 21 YAX SLOPE m~_ 37 38 - 1 ``~' APPOXIMATE E%ISTING ~ 37 ~y___ 1 _ _ _ _. _~.~~-__ FD113N17RAOE _ __-_.-__ _ _- __ ___ ___ _ . 2F6 ~~~ ~ ~ Ni `'~~ ~ ___ _ __ _ ____ ~ ry ~ _ _ _ _ _ __ _ _ `` ~ _ _ _ 36- w__ -_.__ _ S-VX -___-_ `____-____ ____I___ _ ~ 4M' ~ ~ _ i 600' ° ~' 35 - - -'-- _ - ---~- APPROXIMATE PAD LOCATION ~ (6' BEYOND BUILDING) _' _ , ~/ - 2 30 34 - - - -- -' _ - -' -- -~- --- -~ - ---- - PAD ELEVATION=34 6 ` tF _lC - _ _ _ - _ __ _ _ _ __ _ _ _. .___ _ _ _Z,gOx~~ _ - 33~___ _ _ _ ___ ______-__ J SECTION _C _C - . ` 32 ---- --' --- - - - - -- --- ---- PROPOSED A C PVMT SCALES HORIZ 1'=20', VERT 1'=2' PROPOSED CURB _ _ __ t GUTTER 1 31 ______- __ NOTE THIS CRO55 SECTION IS FOR CONCEPTUAL PURPOSES ONLY DEVELOPER/OWNER SHALL 30 PROVIDE THE CITY WITH ROUGH/PRECISE GRADING AND SITE PLANS TOR APPROVAL PRIOR __ _ I__ _ TO ANY GRADING OR CONSTRUCTION V RESOLUTION N0. 79-07 A RESOLUTION OF THE PLANNING COMMISSION OF TAE CITY OF RANCHO CUCAMONGA ESTABLISHING SUBDIVISION ACCESS IMPROVEMENT POLICY. WHEREAS, the Planning Commission of the City of Rancho Cucamonga wishes to discourage the proliferation of private unimproved streets; and WHEREAS, it is necessary to establish firm policy guideline to inform property owners of the City goals. NOW, THEREFORE, BE IS RESOLVED AND ESTABLISHED, that as a condition of approval of any Parcel Map, Parcel Map Waiver, Tract Map or Lot Line Adjustment an applicant shall have access to a fully dedicated and maintained City street. Where dedications and improvements do not exist, the applicant shall obtain a minimum of forty (40) feet of dedication and improve with twenty-six (26) feet of pavement needed street frontage to reach the nearest maintained City street. Variations from this policy will require approval of the City Engineer of the City of Rancho Cucamonga subject to appeals to the Planning Commission. APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY, 1979. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ~ ~ ~~ i By: ~ if • erman Rempel, Chairm ~ Secretary of the Planning Commission I, Jack Lam, 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 24th day of January, 1979, by the following vote to-wit: AYES: COMMISSIONERS: GARCIA, TOLSTOY, JONES, REMPEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: DAHL r1 LJ EXHIBIT `E' ~~ CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Adtoumed Meeting July 14, 2004 Chairman Macias called the Adtoumed Meeting of the Gty of Rancho Cucamonga Planning Commission to order at 9 45 p m The meeting was held in the CounGl Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Dnve, Rancho Cucamonga, California ROLL CALL COMMISSIONERS PRESENT Richard Fletcher, Rich Macias, Larty McNiel, Pam Stewart ABSENT• Cnstme McPhail STAFF PRESENT Brad Buller, City Planner, Dan James, Senior Civil Engineer, Mike Smith, Assistant Planner ..... tf NEW BUSINESS A PRE-APPLICATION REVIEW DRC2004-00635 - MORRISON - A preliminary revew of a proposed subdivision of a 1 25 acre parcel into 3 lots vnthout access to a fully dedicated and maintained City street, as required in Planning Commission Resolution No 79-07 adopted January 24, 1979, at the west side of Hermosa Avenue and north of Viclona Street m the Low (L) Residential Distnct APN• 1076-081-03 Related file Tentative Parcel Map SUBTPM16565 Brad Buller, City Planner, introduced the item and gave an overview of the Pre-Application Review process Vernon Momson, the property owner, descnbed the histoncal context of the development that had occurred on the site and on the surrounding properties He explained that he built his home on the property in the early 1970s and then subdivided the property under San Bernardino County standards (pnor to City incorporation) He noted that the surrounding properties to the north and west were part of the onginal parcel but he sold these parcels to others in the intervening years He reported that access to the property from Hermosa Avenue is provided by Jonquil Dnve, a short pnvate road about 30 feet wide overall, located along the south side, parallel to the south property Ime He stated that he eventually installed numerous utility-related improvements including water Imes, sewer connections, and fire hydrants along this pnvate road Mr Momson explained that his current plan is to subdivide the subject parcel into three parcels and construct two new homes on the site for his adult children He indicated his existing residence on the site would remain on the third parcel He said he was made aware of the City's regwrement to construct a public street to provide access to the two new parcels folloHnng his submitial of the application for a Tentative Parcel Map He noted the Engineenng Division requested a new street with a nght-of-way width of 40 feet along the north side, parallel to the north property Ime Mr Momson alleged that budding this street would create a hardship because the utility-related improvements and associated easements are locked in place and the existing pnvate road provides the needed access Furthermore, he indicated that there is a significant grade difference between the subject property and Hermosa Avenue that would require sod excavation and the removal of an approximate 6-foot high nver rock wall in order forthe new and existing streets to tom per City standards He provided photos of the subject property for the Commissioners' review (~ Q BID Mike Smith, Assistant Planner, described the characteristics of the site, the proposed parcel map, and the status of the application Dan James, Senior Engineer, indicated that the Planning Commission adopted Resolution No 79-07 in 1979, which requires any parcels created as part of a land subdivision must have access to a fully dedicated and maintained Gty street He mdiceied that the street alignment requested by his department was in antiGpation of future development of the property north of, and adiacent to, the subject parcel Mr James stated that the policy was adopted in order to prevent landlocked development The Commissioners understood the purpose and intent of the Resolution. Based on Mr. Morrison's testimony and the photographic evidence provided, all of the Commissioners were in agreement that the regwrements described in the Resolution would generate unnecessary complications for the applicant They agreed that Jonquil Drive would satisfactorily accomplish the goals the access requirement intended They directed the applicant to proceed with his proposal provided that the road was fully paved throughout ks length and that d meets the Fire Department emergency access requvements. ..... PUBLIC COMMENTS There were no public comments at this time. :.... ADJOURNMENT The Planning Commission adioumed at 10:30 p.m Respectfuly submitted, B Iler cretary p~I PC Adioumed Minutes -2- July 14, 2004 DESIGN REVIEW COMMENTS CONSENT CALENDAR 7 00 p m Mike Smith January 18, 2005 ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16565 - VERNON MORRISON - A request to subdivide 1 25 gross acre of land into three lots in the Low Residential Distnct (2-4 dwelling urnts per acre), located on Jonquil Dnve (pnvate road) west of Hermosa Avenue and north of Victona Avenue - APN 1076-081-03. Related file Pre-Application Review DRC2004-00635 Design Parameters: The protect site is located at the east side of Hermosa Avenue on a parcel of 1.25 acre (308 feet east-west by 171 51 feet north-south) The site is partially developed with one single-family residence towards the east end of the parcel The properties to the north and west are developed with single-family residences Across the street to the east is Hermosa Park. To the south is an active Chnstmas tree faun The existing topography slopes from about 1,438 feet on the north side of the tot to about 1,432 feet on the south side. The applicant is proposing to subdivide the parcel into three parcels Parcels 2 and 3 Hall each have an area of 13,715 square feet while Parcel 1 will have an area of 25,395 square feet. The existing residence will remain on Parcel 1; the other two parcels will be developed at a later date by he C tys requ emen~ is for lot area, whdthrand depth that a e app cable to th s deve pmentdistncth On July 14, 2004, aPre-Application Review Workshop was conducted to discuss the existing access to the site via Jonquil Dnve, a pnvate street (see attached minutes, Related File DRC2004-00635). It is regwred that all new parcels have direct access to a public sVeet per Planning Commission Resolution No 79-07 Parcels 2 and 3 do not have direct access to Hermosa Avenue Instead, access will be provided via Jonquil Avenue, an existing pnvate road which connects to Hermosa Avenue The Commissioners accepted the applicant's rationale for this deviation from the adopted resolution and agreed to allow the applicant to design the parcel map as submitted Staff Recommendation: Staff recommends that the Committee recommend approval of the proposed parcel map as submitted to the Planning Commission Attachment Planning Commission Minutes dated July 14, 2004 Design Review Committee Action Staff Planner Mike Smith Members Present• EXHIBIT `G' 6~a Rancho Cucamonsd Development Code Section ]7 08 040 Table 17.08.040-B -Basic Development Standards VL L LM M. MH H ~ A~ 22,500 8,000 6,000 3 acs 3 ac~i 3 acs Minimum Nei Avers a Minimum Net 20,000 7200 5,1700 3 acs 3 acs 3 act Number of Dwelling UnaS Up to 2 Up to 4 Up to 6 Up to 11 Up to 19 Up to 27 (Permitted Per Acre Minimum Dwelling Unit Size: Single-Fatuity Attached & 1,000 s are feet regardless of drstnd Detached Dwel6 Multiple Fatuity Dwellings 550 sq re feet regardless of district• Efficie /Studio One Bedroom 650 s re feet regardless of district Two Bedroom 800 s are feet regardless of district Three or More Bedrooms 950 aq re feet regardless o1 disMd Lot Dimensions Minimum Width 90 Avg. Vary +/- 50 Avg. Vary +/- WR ry N/R WR (® Required From Setbsdc) 10 Va 6 5 Minimum Comer Lot Width 100 70 50 WR WR WR Mimmum Depth 200 100 90 WR lV/Fl WR N4nimimi Frontage at From ,~ 40 30 100 100 100 Pro Une Minimum Flag Lot Frontage 30 20 20 50 60 50 (O FroraP Line Setbaeks:~ R 7l4 yery~_ 37 Avg vary- 37 Avg. WR WR . From Yard 5 Vary +/• 5 5 Vary +/- 5 . Comer Side Yerd 27 27 22 27 N/Fl WR Imenor Side Yard 10/15 5/10 5/10 10~ WR WR RearYem 60 20 15 10lD/ WR WR At Intenor Sae Boundary 30/5 20/5 15/5 15/SrDj' 15/5lDJ 15/5!0/ (piyep UnWAa~sso Budd Residential Building Separations no IWR N/R Required Per Section 17.08 040-E IiefgM Umitatfixt~ 35 35 35 35~ 40~ 55~ ~ Coverege Maximum % ~"/ 25% 40% 50°h 50% 50°h 50% Open Space Required Private Open Space 2,000/ ,000/ WR 00/150 225/150 150/100 150/100 Ground Floor/ U r Sto Untt N/R Common Open Space WR WR N/R 30% 30% 30% (Minmian Percem Usable Open Space 5$% 60% 40% 35% 35% 35% lvnvnte erd Comrion) Recreation Area/Facility I N/R ~ N/R I ^ N/R (Required Per Section 17.08 040-H _ ,_ _ _ _,__ !GJ !cl !c/ gaauired Per Section 17 OB 040-G EXHIBIT `H' ,g!;~ 2/04 ENVIRONMENTAL - INFORMATION FORM (Part I -Initial Study) Cary or Rancho Cucamonga (Please type or poor clearly using Ink. Use the fob key to move /rom one Ilne to the next Irne ) Planning Drvison Isasl an-z7so The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental -Quality Act; and the City's ~~Rules 'and - Procedures to Implement CEQA. It is important that the information requested in this_ application be_provided in full. = ~ -_ _ _ _ ~ - Upon review of the completed Initial Study Part I and the development application,- = additional information such as, but not limited to, traffic, noise, biological; drainage, and geological reports may be required. The project application'ilvill not be deemed complete unless the identified special studies/reports are submitted for review and~accepted as complete and adequate.,The project applicatiomv/ill not be scheduled for Committees' review unless all required reports are submitted and deemed complete~;'for staff to prepare the Initial Study Part II as required by'CEQA." In addition to the filing fe'e~ the applicant~will be responsible to pay or reimburse the'Clty, its agents,:officers,~~and/or consultants for all costs for the preparation, review, ~analysis,_ recommendations, mitigations, etc., of any special studies or reports. =-° -__- - GENERAL INFORMATION: Applrcahon Number for the prolect to which this loan pertains Ten. Parcel Map: SUBTPM16565 ProlectTrtle Lot Split Name & Address of prolect owner(s) Project No: TPM 16565 DRC2004-00635 Vernon R. Morrison 10090 Jonquil Drive Alta Loma, CA 91701 INCOMPLETE APPLICATIONSWlLL NOT BE PROCESSED Please note that rt rs the responsrbrliryo/the applicant to ensure that the application Is complete at the trine of submittal, City stall wdl not be available to peAarm work required to provide missing rnformahon Name & Address of developer or prolect sponsor Same Study Partt docPage 7 ~~ ~ Rev 3/17/04 CentaGt Person 6 Address Vernon R. Morrison 10090 Jonquil Drive LJ Alta Loma, CA 91701 Name & Address of person preparing this form (if dltferent from above) Same r 1 LJ Telephone Number (909) 987-8495 Inlormahon md~cated by an asterisk (') is not required o/non-construction CUP's unless othenvtse requested by slat/ '1) Provide a lull scale (8-1/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the protect site, and md~cate the site boundaries 2) Provide a set o/ color photographs that show representative views into the ste from the north, south, east, and west, views into and from the site lrom the primary access points that serve the srte, and representative views of stgmf~cant /eatures /rom the site Include a map showing location of each photograph 3) ProlectLocation(descnbe) Parcel No. 1076081030000 4) Assessors ParcelNumbers(attachaddttionalsheettfnecessary) parcel No. 1 07 6081 030000 'S) GrossStteArea(adsq it) 1.25 acre '6) Net Srte Area (total site s¢e minus area o/ public streets & proposed ded~cahons) 1.25 acre 7) Describe any proposed general plan amendment or zone change which would a/lect the pro/ect site (attach addrttonal sheet t/necessary) None • I \PLANNINGU=INAL\FORMS\COUNTERUnihal Study Partt docPage 2 ~ /C Rev 3/17/04 • 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and othergovemmen[al agencies in order to /ully implement the pro/ect Lot Split Fee 9) Descnbe the physical setting of the site as rt exists before the protect including information on topography, sod s[abi4ty, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects Descnbe any existing structures on site (including age and condition) and the use of the structures Attach photographs of sgnificant features described In addition, cite all sources ofin/ormat~on (i e , geological and/orhydrologicstudies, biotic and archeological surveys, traffic studies) Natural Condition: flat, solid field f 0) Describe the known cultural and/orhistoncal aspects of the site Cde all sources ofinformation (books, published reports and oral history) None I \PLANNING\FINAL\FORMS\COUNTER1lnitial Study Pant docPage 3 ~!~ Rev 3/17/04 11) Describe any Horse sources and their levels that now affect the site (aircraft, roadwaynoise, etc) and howthey will affect proposed uses None 12) Describe the proposed protect in detail This should provide an adequate descnpbon of the site in terms of ultimate use that will result from the proposed protect Indicate if there are proposed phases for development, the extent of development to occur wdh each phase, and the anticipated completion ofeach increment Attach additional sheet(s) if necessary Lot Split--possible one home on each lot. 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects Indicate the type of land use (residential, commercial, etc ), intensity of land use (one-family, apartment houses, shops, department stores, etc) and scale of development (height, frontage, setback, rear yard, etc ) There is a Christmas Tree Farm. There are houses on acre lot. There is Hermosa Park across the street. 14) Will the proposed pro/ect change [he pattern, scale, or character of the surrounding general area of the prolect~ There is no project. We are applying for a lot split. I \PLANNING\FINAL\FORMS\COUNTER\Initial Study Pad1 docPage 4 ~/ ~- Rev 3/17/04 15) Indicate the type o/short-term and long-term noise to be generated, mc/udmg source and amount How well these noise levels affect ad/acent properties and on-site uses What methods o/soundprootmg are proposed None '16) Indicate proposed removals and/or replacements of mature or scenic trees None 17) Indicate any bodies of water (mcludmg domestic water supplies) mto which the site drams None 18) Indicate expected amount of water usage (See Attachment A for usage estimates) For further clanf~cat~on, please contact the Cucamonga Valley Water Dtstnct at 987-2591 a Residential (gaUday) 7 0 5 Peak use (gaUDay) b CommerctaUlnd (gaUday/ac) q Peak use (gaUmm/ac) 19) Indicate proposed method of sewage disposal ^ Septic Tank ^ Sewer If septic tanks are proposed, attach percolation tests If discharge to a sanitary sewage system is proposed indicate expecteddallysewagegeneration (SeeAttachmentAforusageeshmates) For furtherclanfication,pleasecontactthe Cucamonga Valley Water Dtstnct at 987-2591 a Resrdenhal (gaUday) ~n nn b CommerctaUlndustnal (gaUday/ac) ~_ RESIDENTIAL PROJECTS: 20) Number of residential units _~ Detached (indicate range of parcel s¢es, minimum lot s¢e and mawmum lot s¢e N / A Attached (md~cate whether units are rental or for sale units) N / A I \PLANNING\FINAL\FORMS\COUNTER\Initial Study Pant docPage 5 ~~~ Rev 3/17/04 27) Anhapated range of sale prices and/or rents Sale Price(s) $ N / A to $ • Rent (per month) $ N / A to $ 22) Speafy number of bedrooms by unit type N / A 23) Indicate anhctpated household s¢e by unit type N/A 24) Indicate the expected number of school children who wdl be residing within the pro/ect Contact the appropriate School Districts as shown in Attachment B a Elementary ~~ b Junior Htgh --~A c Senior Htgh )u / n COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type o/use(s) and ma/or lunct~on(s) of commeraal, tndustnal or msGtuhonal uses 28) Total /loor area of commercial, mdustnal, or msbtuhonal uses by type N / A 27) Indicate hours of operation N / A 28) Numberofemp/oyees Total N/A . Maximum Ship Time of Maximum Shih I \PLANNING\FINAL\FORMS\COUNTER\Inihal Study Partt docPage 6 ~/4 Rev 3/17/04 29) Provide breakdown of anticipatedlob classifications, including wage and salary ranges, as well as anindication o/the rate of • hire for each classil~cation (attach additional sheet if necessary) N/A 30) Estimation of the number of workers to be hued that currently reside in the City N / A '31) For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions (Data should be venf~ed through the South Coast Air Duality Management District, at (818) 572-6283) N/A ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the protect been contacted to determine their ability to provide adequate service to the proposed prolect~ l/ so, please indicate their response Public Utilities and Services are existing. 33) In the known history of this property, has there been any use, storage, or discharge o/hazardous and/or toxic matenals~ Examples of hazardous and/or toxic materials include, but are not limited to PCB's, radioactive substances, pest~c~des and herbiades, fuels, oils, solvents, and other flammable liquids and gases Also note undergroundstorage olanyofthe above Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates o/use, it known None I \PLANNING\FINAL\FORMS\COUNTER\Initial Study Pad1 docPage 7 ~o~v Rev 3/17/04 34) Will the proposed protect involve the temporary orlong-term use, storage, ordischarge o/hazardous and/or toxic materials, ' rncludtng but not limited to those examples listed above If yes, provide an inventory of all such materials to be used and proposed method of disposal The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans No l hereby certtly that the statements fumtshed above and m the attached exhibits present the data and rn/ormahon required for adequate evaluation o/this pro/ect [o the best o/my ability, that the /acts, statements, and mlormat~on presented are true and correct tot he best of my knowledge and belief I /urther understand that additional rnformahon maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga Date. ~ ~ z n o n n a Signature' ~ ~ rLL ,~, Title Owner I \PLANNINGU=INAL\FORMS\COUNTERUnihal Study Pant docPage 8 ~ / Rev 3/17/04 23( 34 ° 07' 1 o~ Mapped, edited, and published by the Geological Survey \ P~S~+ Rewsed In cooperation wdh California Department of r '~ ~ Ory 6ry Water Resources 'NN , DN Control by USGS and USC&GS Topography by photogrammetric methods from aerial photographs is ' , taken 1952 and Dlanetable surveys 1933 Field checked 1953 o rg s wigs zsa Mi4S Rewsed from aerial Dhotographs taken 1966 Field checked 1966 Polycomc protection 10,000-foot grid based on California coordinate system, zone 5 1000-meter Universal Transverse Mercator grid ticks, urm DRiD nno teao tnnDNETic NoaTN zone 11, shown in blue 1927 North American Datum DECLINATIDN AT CENTEF OF SNEET To place on the predicted North American Datum 1983 There may be private inholdings within the boundaries FOF move the protection lines 2 meters north and ~ of the National or State reservations snown on this map 83 meters east as shown by dashed comer ticks /2 ~y~ 9~~~ bs'OW?J~~1 ~- Z ~. u I f bo O .~ ~x v A .., -~ a • dQ Q~ ~Q v i~ ^G ~..Y 0 O ~ ~~ ., .. v ~ a O Ba3 t~ +~ +{. k` , ;r '}v ?-{F`, ~F¢~,'~f=may ..} •T [i 776 „ y} 7 ~ ~ .. x' r^_ 4'4.'x"..° ~ -S S..`~~ ~ .y a ~'~~'Yy..r ~y'~i..'S,ifl __ _ .. y;' 't ~~ _q 3 L~ } ~~ ~ y ,~ ~ = i- ,~ `a~~~ •~_ f' ' -~ Y+ ~ .J~ .»£ a ~~` _ .-v ~F 6 f' _ ~ ;`_n _ _ 1l jx'~~ `' F Y^TF~' N i ~{ k C~~ NI .- S a~ '. .' ~ ~~,~:.~ ~~ , i`l ~X~r .~ :~~ ~;m _ ~ t~~¢ ~ ~~ SX tTt1 ~ } `~~ i S ~ ~ ~ . t ~1 6 ~: . 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"; `, '; ~' ,. i .~i, ~~~', , i~< < qtr ~~'j~u ~'~ta~i ,.~~ m N N, ~,< e~ S~1 ~TPf1~ 1655 ~,- - ~P ~ . SUBTPM1fi565 `' ~~. ~~: ~~ BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II 1. Protect File: Tentative Parcel Map SUBTPM16565 2. Related Files. Pre-Application Review DRC2004-00635 3. Description of Project: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16565 - VERNON MORRISON - A request to subdivide 1 25 gross acres of land into three lots in the Low Residential District (2-4 dwelling units per acre), located on Jonquil Drive (a private egress/ingress access and drainage easement) west of Hermosa Avenue and north of Victoria Avenue - APN 1076-061-03 4. Protect Sponsor's Name and Address: Vernon Morrison 10090 Jongwl Drive Rancho Cucamonga, CA 91701 5 General Plan Designation: Residential 6 Zoning. Low Residential District (2-4 dwelling units per acre) 7 Surrounding Land Uses and Settmg• The 1 25-acre protect site is about 308 feet deep (east-west) and 172 feet wide (north-south) with a street frontage along its east side with Hermosa Avenue It is bound on the north and west by properties comprised of single-family residences The property to the south is comprised of an active Christmas tree farm of 4 8 acres, there is one single-family residence on that property The property to the east, on the other side of Hermosa Avenue, is a public park (Hermosa Park) The properties to the north, south, and west are zoned Low Residential District (2-4 dwelling units per acre) while the park property is zoned Open Space The protect site is generally level with no significant slopes There is asingle-family residence located at the east side of the property The remainder of the property is largely undeveloped with the exception of several /shed structures Trees are limited to the east side and perimeter of the property Because of a grade separation of about 6 feet, all access to Hermosa Avenue is via Jonquil Drive, an east-west, partially paved private road aligned at the south side and parallel to the south property line Hermosa Avenue is classified as a Secondary Street 8. Lead Agency Name and Address City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact Person and Phone Number Mike Smith, Assistant Planner (909)477-2750 10 Other agencies whose approval is required (e g , permits, financing approval, or participation agreement) None UT~ Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 GLOSSARY -The following abbreviations are used m this report: CVWD -Cucamonga Valley Water District EIR -Environmental Impact Report FEIR-Final Environmental Impact Report NPDES -National Pollutant Discharge Elimination System NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM~o -Fine Particulate Matter RWOCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District SW PPP -Storm Water Pollution Prevention Plan URBEMIS7G -Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this protect, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages City of Rancho Cucamonga Page 2 Biological Resources K) Hazards & Waste Matenals Mineral Resources Public Services Utddies & Sernce Systems (X) Agricultural Resources (X) Cultural Resources ()Hydrology 8 Water Quality (X) Noise ()Recreation (X) Air Quality () Geclogy & Sods ()Land Use 8 Planning ()Population & Housing () Transportabon/Traffic DETERMINATION On the basis of this initial evaluation () I find that the proposed protect COULD NOT have a significant effect on the environment A NEGATIVE DECLARATION wdl be prepared (X) I find that although the proposed protect could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the protect have been made by, or agreed to, by the protect proponent A MITIGATED NEGATIVE DECLARATION will be prepared () I find that the proposed protect MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required () I find that the proposed protect MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed () I find that although the proposed protect could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant a placable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGA CLARATION, including revisions or mitigation measures that are imposed upon the proposed, t thing further is required ~e Prepared By Date ~~ ~ ~C / Date //Z ~ t~~ Reviewed By ~~ r1 L_J • Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 wn~ nwT~nri nC CL1\rIDANM FNT DI IM PACTR City of Rancho Cucamonga Page 3 1. AESTHETICS. Would the project () () () (/) a) Have a substantial affect a scenic vista b) Substantially damage scenic resources, including, () () () (/) but not limited to, trees, rock outcroppings, and historic bwidings within a State Scenic Highway c) Substantially degrade the existing visual character () () () (/) or quality of the site and its surroundings d) Create a new source of substantial light or glare, () () (/) ( ) which would adversely affect day or nighttime views in the area Comments: a) There are no significant vistas within or adjacent to the project site Although Hermosa Avenue is within a view corridor according to General Plan Exhibit III-15, the residential structures that will be constructed following this subdivision will not obstruct the north-south view corridor on Hermosa Avenue The dwelling units will not have frontage along Hermosa Avenue b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway There are no State Scenic Highways within the City of Rancho Cucamonga c) The site is characterized by existing residential developments to the north and west Although the property to the south has not been developed for residential use, the properties immediately beyond it to the south are developed for residential use as well The casual quality of the area will not degrade as a result of this project Housing product has not been submitted for the City's review at this time However, design review of the residences will be requred prior to approval of the Bwlding Plans City standards regwre the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility Imes and utility enclosures m accordance with Planning Commission Resolution No 87-96, unless exempted by said Resolution d) The applicant proposes to construct asingle-family residence on each undeveloped parcel (a total of two) once the parcel map is approved These new homes will create new light and glare The design and placement of light fixtures will be required to be consistent with City standards that regwre shielding, diffusing, or indirect lighting to avoid glare and to confine the area of illumination to within the project site The existing residence will remain in place The impact is not considered significant r~ I• J 2. AGRICULTURAL RESOURCES Would the pro/ect () () (/) ( ) a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural uses b) Conflict with existing zoning for agricultural use, or () () () (/) a Williamson Act contract t~ Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 Clty of Rancho Cucamonga Page 4 c) Involve other changes in the existing environment, O O O (/) I which, due to their location or nature, could result in ~ conversion of Farmland, to non-agricultural uses Comments• a) The site is not designated Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance The site is located at the west side of Hermosa Avenue, north of Victoria Street and is adjacent to residential developments to the north and west, and a public park to the east The property to the south is an active Christmas tree farm zoned for residential use The properties immediately beyond it to the south have been developed for residential use There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2 The major concentrations of designated farmlands are located in the southern and eastern portions of cur City that is characterized by existing and planned development Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful, therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan The General Plan Final Environmental Impact Report (FEIR) identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) There is no agriculturally zoned land within the City of Rancho Cucamonga There are no Williamson Act contracts within the City c) The site is adjacent to residential developments to the north and west, and a public park to the east The property to the south is an active Christmas tree farm of 4 8 acres and is, therefore, the nearest agricultural use However, the project does not contemplate any encroachment onto this property Therefore, no adverse impacts are anticipated 3. AIR QUALITY. Would the project () () () (/) a) Conflict with or obstruct implementation of the applicable air quality plan b) Violate any air quality standard or contribute O (/) O ( ) substantially to an existing or projected air quality vwlation~ c) Result in a cumulatively considerable net increase O O U (/) of any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors d) Expose sensitive receptors to substantial pollutant () (/) () ( ) concentrations e) Create objectionable odors affecting a substantial () () () (/) number of people L~ ~T L Initial Study for City of Rancho Cucamonga TENTATIVE PARCEL MAP SUBTPM16565 Page 5 Comments a) As noted in the General Plan FEIR (Section 5 6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase m emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) During the construction phases of development, on-sde stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions In addition, fugitive dust would also be generated during grading and construction activities While most of the dust would settle on or near the protect site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area Construction is an on-going industry in the Rancho Cucamonga area Construction workers and equpment work and operate at one development site until their tasks are complete They then transfer to a different site where the process begins again Therefore, the emissions associated with construcbon activities are not new to the Rancho Cucamonga area and they would not violate an air quality standard or worsen the existing air quality in the region Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a protect-specific basis Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) All construction equipment shall be maintained m good operating condition so . as to reduce operational emissions. The contractor shall ensure that all construction egwpment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for Crty verification. 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect. Contractors shall also conform to any construction measures imposed by the South Coast Av Quality Management District (SCAQMD) as well as Crty Planning Staff. 3) Ali paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions Reestablish ground cover on the construction site through seeding and watering Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time ~~ Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 6 Schedule actrvit~es to mmim~ze the amounts of exposed excavated soil during and after the end of work periods Dispose of surplus excavated material m accordance with local ordinances and use sound engineering practices. Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) m accordance with Rule 403 requirements. Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM~o) emissions, m accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction Grading Plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5 6) Based upon the Urban Emissions Model 7G (URBEMIS7G) model estimates in Table 5 6-0 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and Fine Particulate Matter (PM~o) would exceed SCAOMD thresholds for significance, therefore, would all be cumulatively significant if they cannot be mitigated on a protect basis to a level less-than-significant The General Plan FEIR identified the atywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overciding Considerations was ultimately adopted by the City Council In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon the URBEMIS7G model estimates in Table 56-4 of the General Plan FEIR, therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant The following mitigation measures shall be implemented 10) All residential and commercial structures shall be regwred to incorporate high-efficiency/low-polluting heating, av conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. u • L~ B Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 7 After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council c) As noted in the General Plan FEIR (Section 5 6), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The protect proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large The SCAOMD identifies the following as sensitive receptors long-term health care faalities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities According to the SCAOMD, protects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAOMD Rule 1401 According to the SCAOMD, protects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 The protect site is located adjacent to existing residential development - a sensitive receptor Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan During construction, there is the possibility of fugitive dust to be generated from grading the site The mitigation measures listed under b) above will reduce impact to less-than-significant levels e) Typically, the uses proposed do not create obtectionable odors No adverse impacts are anticipated 4 BIOLOGICAL RESOURCES. Would the pro/ect () () () (~) a) Have a substantial adverse effect, either directly or through habitat modifications, on any speces identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service b) Have a substantial adverse effect on riparian O O U (~) habitat or other sensitive natural community identified in local or regional plans, polices, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service c) Have a substantial adverse effect on federally () () () (~) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means d) Interfere substantially with the movement of any () () () (~) native resident or migratory fish or wildlife speces or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites F~-~T T Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 8 e) Conflict with any local polices or ordinances () (/) () ( ) protecting biological resources, such as a tree preservation policy or ordinance f) Conflict with the provisions of an adopted Habitat O O O (/) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan Comments. a) The protect site is located in an area largely developed with residential uses The site has been previously disrupted during construction of the house on-site, the surrounding residences, and infrastructure According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered species of plants or animals due to the fact that the protect is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan b) The protect site is located in an urban area with no natural communities No riparian habitat exists on-site, meaning the protect will not have any impacts c) No wetland habitat is present on-site As a result, protect implementation would have no impact on these resources d) The matority of the surrounding area has been developed, therefore, any wildlrfe corridors that may have existed have been disrupted No adverse impacts are anticipated e) There are numerous mature trees on the protect site Many of the trees are located on the portion of the property that is already developed with the single-family residence and, therefore, will not need to be removed However, in order to construct homes on Parcel 1 and 2, the applicant may have to remove some trees, especally on Parcel 2, depending on the plotting of each proposed home Removal of these trees would be in conflict with the City's Tree Preservation Ordinance The applicant has not proposed the removal of any trees at this time, however, the applicant proposes to remove them as each lot is developed Therefore, as a condition of approval 1) The applicant shall submit a Tree Removal Permit application for review and approval by the City Planner prior to the removal of any tree on the property. f) The protect site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4 No conflicts with Habitat Conservation Plans will occur 5 CULTURAL RESOURCES. Would the project () () () (/) a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064 5~ b) Cause a substantial adverse change in the () (/) () 0 significance of an archeological resource pursuant to § 15064 5~ l C~ • C~ Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 9 c) Directly or indirectly destroy a unique O (/) O ( ) paleontological resource or site or unique geologic feature d) Disturb any human remains, including those O O O (/) interred outside of formal cemeteries Comments• a) The protect site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Muniapal Code Section 2 24 (Historic Preservation) There will be no impact b) There are no known archaeological sites or resources recorded on the protect site, however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5 11) Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources The following mitigation measures shall be implemented 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the Crty of Rancho Cucamonga will • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the area's archaeological heritage • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the protect area Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 511) indicates that the Rancho Cucamonga area is on an alluvial fan According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence, including the protect site, however, the area has a high sensitivity rating for paleontological resources The older alluvwm, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils The protect site is underlain by Quaternary alluvwm per General Plan Exhibit V-2, therefore, the following mitigation measures shall be implemented ~ `~9 Initial Study for City of Rancho Cucamonga TENTATIVE PARCEL MAP SUBTPM16565 Page 10 2) A qualified paleontologist shall conduct a preconstruction field survey of the protect site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: Assign a paleontological monitor, trained and egwpped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to the San Bernardino County Museum. d) The proposed protect is in an area that has already been disturbed by development The protect site has already been disrupted by construction of a single-family residence, infrastructure, and surrounding development No known religious or sacred sites exist within the protect area No evidence is in place to suggest the protect site has been used for human burials The California Health and Safety Code (Section 7050 5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097 98 As adherence to State regulations is required for all development, no mitigation is regwred in the unlikely event human remains are discovered on-site No adverse impacts are antiapated 6. GEOLOGY AND SOILS Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, intury, or death involving i) Rupture of a known earthquake fault, as () () () (/) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault Refer to Division of Mines and Geology S eaal Publication 42 n Stron seismic round shaken ~ / m) Seismic-related ground failure, including O O O (/) h uefaction~ iv Landslides / b) Result in substantial soil erosion or the loss of () (/) () ( ) topsoih • U.JO Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 11 c) Be located on a geologic unit or soil that is () () () (~) unstable, or that would become unstable as a result of the protect, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse d) Be located on expansive soil, as defined in Table () () () (~) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property e) Have soils incapable of adequately supporting the () () () (~) use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater Comments• a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5 1 of the General Plan FEIR The Red Hill Fault, passes within 1/2 mile southeast of the site, and the Cucamonga Fault Zone lies approximately 2-1/2 miles north of the site These faults are both capable of produang Mw 6 0-7 0 earthquakes Also, the San Jaanto Fault, capable of produang up to M„, 7 5 earthquakes, is 10 miles northeasterly of the site and the San Andreas Fault, capable of up to M„, 8 2 earthquakes, is 15 miles northeasterly of the site Each of these faults can produce strong groundshakmg Adhering to the Uniform Budding Code will ensure that geologic impacts are less-than-sign cant The proposed protect will require the excavation, stockpiling, and/or movement of on-site sods The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control, however, development of this protect under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, m accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site dunng such episodes 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all mactrve construction areas that remain mactrve for 96 hours or more to reduce PM~o emissions. c-d) The General Plan FEIR (Section 5 1) indicates that subsidence is generally assocated with large decreases or withdrawals of water from the aquifer The protect would not withdraw water from the existing aquifer The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5 1-2 Soil types BS7 Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 12 on-site consist of Hanford Sandy Loam Soil Exhibit 5 13 These sods are typically stable percent No adverse impacts are antiapated association according to General Plan FEIR and have gentle slopes ranging from 0 to 2 e) The prolect will connect to, and be served by, the existing local sewer system for wastewater disposal No septic tanks or alternative wastewater disposal is proposed 7. HAZARDS AND WASTE MATERIALS Would the () () () (/) pro/ect a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous matenals~ b) Create a significant hazard to the public or the () () () (/) environment through reasonably foreseeable upset and acadent conditions involving the release of hazardous materials into the enwronment~ c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within t/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create- a significant hazard to the public or the environment e) For a prolect located within an airport land use plan () () () (/) or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the prolect result in a safety hazard for people residing or working in the prolect area f) For a prolect within the wanly of a private airstrip, O O O (/) would the prolect result in a safety hazard for people residing or working in the prolect area g) Impair implementation of or physically interfere wdh O O O (/) an adopted emergency response plan or emergency evacuation plan h) Expose people or structures to a significant risk of () () () (/) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wddlands~ Comments a-b) The prolect is a parcel map for residential purposes and will not involve the transport, use, storage, or disposal of hazardous materials or volatile fuels The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the state The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant No adverse impacts are expected r~ LJ .~sa Initial Study for City of Rancho Cucamonga TENTATIVE PARCEL MAP SUBTPM16565 Page 13 c) The protect site is located within 1/4 mile of Deer Canyon Elementary School Typically, the uses proposed do not create obtectionable odors No adverse impacts are antiapated d) The proposed protect is not listed as a hazardous waste or substance materials site Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials No impact is anticipated e) The site is not located within an airport Land Use Plan and is not within 2 miles of a public airport The protect site is located approximately 5-1/2 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 2-1/2 miles to the west of the City's westerly limits No impact is antiapated g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes pollees and procedures to be administered by the Rancho Cucamonga Fire Distnct in the event of a disaster h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005, however, the proposed protect site is not located within a high fire hazard area according to General Plan Exhibit V-7 8 HYDROLOGY AND WATER QUALITY. Would the () () (~) ( ) pro/ect a) Violate any water quality standards or waste discharge requirements b) Substantially deplete groundwater supplies or () () () (~) interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g , the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) c) Substantially alter the existing drainage pattern of () () () (/) the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site d) Substantially alter the existing drainage pattern of () () () (~) the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off- site~ e) Create or contribute runoff water which would () () () (~) exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff f) Otherwise substantially degrade water quality () () () (~) B~ Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 Clty of Rancho Cucamonga Page 14 g) Place housing within a 100-year flood hazard area () () () (~) as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation maps h) Place within a 100-year flood hazard area () () () (~) structures that would impede or redirect flood flows i) Expose people or structures to a signfcant risk of O O O (~) loss, intury or death involving flooding, including flooding as a result of the failure of a levee or damp ~) Inundation by seiche, tsunami, or mudflow~ O O O (~) Comments a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD) The protect is designed to connect to existing water and sewer systems The State of California is authorized to administer various aspects of the National Pollutant Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits Construction actmties covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment Prior to commencement of construction of a protect, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit The General Permit regwres all dischargers to comply with the following during construction actmties, including site clearance and grading Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would speafy Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping ail products of erosion from moving off-site into receiving waters Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation Perform inspections of all BMPs Waste discharges include discharges of storm water and construction protect discharges A construction protect for new development or sigmficant redevelopment regwres an NPDES permit Construction protect proponents are required to prepare a SWPPP To comply with the NPDES, the construction contractor of the protect will be required to prepare a SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post- construction operational management of storm water runoff The applicant has not submitted a WQMP identifying BMPs minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system BMPs include both structural and non-structural control methods Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement Non-structural controls focus on controlling pollutants at the source, generally through implementing Erosion and Sediment Control Plans, and various business plans that must be [~ Initial Study for City of Rancho Cucamonga TENTATIVE PARCEL MAP SUBTPM16565 Page 15 developed by any businesses that store and use hazardous materials Practices, such as periodic parking lot sweeping, can substantially reduce the amount of pollutants entering the stone drain system The following mitigation measures would be required to control additional storm water effluent Construction Achvrhes 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) speufically identifying Best Management Practices (BMPs) that shall be used on- site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed protect that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading This Erosion Control Plan shall include the following measures at a minimum: a) Speafy the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this protect will be corrected through a remediation or restoration program within a specified time frame 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational 5) The applicanf/developer shall implement the BMPs identified in the Water Quality Management Plan to reduce pollutants after construction entering the storm drain system to the maximum extent practical 6) Landscaping Plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits 7) The applicantldeveloper shall provide access and cross-lot drainage easements on the final map. Cross lot private drainage facilities shall be installed prior to map recordation b) According to CVWD, 43 percent of the City's water is currently provided from groundwater in the Cucamonga and Chino Basins CVWD has adopted a master plan that estimates demand needs until the year 2030 The proposed protect will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2 The development of the site will require the grading of the site and excavation, however, would ,85.x. Initial Study for City of Rancho Cucamonga TENTATIVE PARCEL MAP SUBTPM16565 Page 16 not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface As noted in the General Plan FEIR (Section 5 9), continued development citywide will increase water needs and is a significant impact, however, CVWD has plans to meet this increased need through the construction of future water facilities c) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new bwlding and hardscape proposed on a site, however, the protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The protect design includes landscaping of all non-hardscape areas to prevent erosion A Grading and Drainage Plan must be approved by the Bwlding Official and City Engineer pnor to issuance of Grading Permits Therefore, the protect will not result in substantial erosion or siltation on- or off-site The impact is not considered significant d) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new bwlding and hardscape proposed on a site, however, the protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits Therefore, increase in runoff from the site will not result in flooding on- or off-sde No impacts are anticipated e) The pro/ect will cause changes m absorption rates, drainage pattems, and the rate and amount of surface water runoff because of the amount of new bwlding and hardscape proposed on a site, however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The pro/ect will not result in substantial additional sources of polluted runoff A Grading and Drainage Plan must be approved by the Bwlding Official and City Engineer pnor to issuance of Grading Permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticpated f) Grading activities assoaated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows dunng a concurrent storm event, thus resulting in surface water quality impacts The site is for new development or significant redevelopment, therefore, is regwred to comply with the NPDES to minimize water pollution The following mitigation measures shall be implemented 8) Pnor to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a protect descnption and identifying BMPs that will be used on-site to reduce pollutants into the storm dram system to the maximum extent practicable. The WIMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga m June 2004 9) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimmat~on System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit g/h) The protect site is not located within a 100-year flood hazard area according to General Plan Exhibd V-5 B56 Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 17 The Rancho Cucamonga area is flood protected by an extensroe storm drain system designed to convey a 100-year storm event The system is substantially improved and provides an integrated approach for regional and local drainage flows This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6 The prolect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected l) There are no oceans, lakes, or reservoirs near the prolect site, therefore, impacts from seiche and tsunami are not anticipated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debrs dams and levees north of the City, and spreading grounds both within and north of the City 9 LAND USE AND PLANNING Would the prolect a) Physically divide an established community () () () (~) b) Conflict with any applicable land use plan, policy, or () () () (~) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect c) Conflict with any applicable habdat conservation O O U (~) plan or natural community conservation plan Comments• a) The site is located at the west side of Hermosa Avenue, north of Victoria Street, and is characterized by existing residential developments to the north and west Although the property to the south has not been developed for residential use, the properties immediately beyond it to the south are developed for residential use as well This project wtll be of similar design and size to the surrounding residential development The project will become a part of the larger community No adverse impacts are anticipated b) The prolect site land use designation is Low Residential, 2-4 dwelling units per acre The proposed project is consistent with the General Plan and does not interfere with any polices for environmental protection As such, no impacts are anticpated c) The prolect site is not located within any habitat conservation or natural community plan area According to the General Plan Exhibit IV3, and Section 5 3 of the General Plan FEIR, the prolect site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered speces of plants or animals because of the fact that the prolect is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan a5~ Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 18 10 MINERAL RESOURCES. Would the pro/ect () () () (~) a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State b) Result m the loss of availability of a locally O O O (~) important mineral resource recovery site delineated on a local general plan, speafic plan or other land use piano Comments: a) The site is not designated as a State Aggregate Resources Area according to the Cdy General Plan, Figure IV-1 and Table IV-1, therefore, there is no impact b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site, therefore, there is no impact 11 NOISE. Would the project result ~n () (~) () ( ) a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agenaes~ b) Exposure of persons to or generation of excessive () () () (~) ground borne vibration or ground borne noise levels c) A substantial permanent increase in ambient noise () () () (~) levels in the protect vanity above levels existing without the protect d) A substantial temporary or penodic increase in O (~) O ( ) ambient noise levels in the protect vanity above levels existing without the protect e) For a protect located within an airport land use plan O O U (~) or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the protect expose people residing or working in the protect area to excessive noise levels f) For a protect wdhin the vanity of a pnvate airstnp, O O O (~) would the protect expose people residing or working in the protect area to excessive noise levels Comments a) The protect site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out At build-out, the protect site will be exposed to exterior noise levels greater than 60 dBA as it is within about 2,700 feet of the Foothill Freeway (SR-210), and greater than 60 dBA as it is within 232 feet of Hermosa Avenue However, the noise impacts form the freeway are not expected to be adverse because of the following existing conditions a) a sound wall constructed along the nght-of-way for the J BS~ Indial Study for TENTATIVE PARCEL MAP SUBTPM16565 r ~ City of Rancho Cucamonga Page 19 purpose of mitigating the noise impacts of this highway, b) the freeway roadway surface is about 30 feet below the finished grade of the surrounding properties, c) there is extensive residential development in the intervening distance between the freeway and the protect site, and d) there is an existing 6-foot high block wall along the north property line of the protect site The noise impacts form Hermosa Avenue are not expected to be adverse because of the following existing conditions a) between Hermosa Avenue and the new parcels (and the houses to be constructed on them) there is the house on Parcel 3 which will remain in place, and b) the Hermosa Avenue road surface is about 6 feet below the grade of the subject property b) The uses assoaated with this type of protect normally do not induce ground borne vibrations As such, no impacts are anticipated c) The primary source of ambient noise levels in Rancho Cucamonga is traffic The proposed activities will not significantly increase traffic, hence, are not anticpated to increase the ambient noise levels within the wanity of the protect d) The General Plan FEIR (Section 5 7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards The following measures are provided to mitigate the short-term noise impacts 1) Construction or grading shall not take place between the hours of 6:00 p.m. and 6:30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified m Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02 120. Monitoring at other times may be required by the Building Official. Said consultant shall report their fmdings to the Building Offiaal within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible m first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction egwpment, however, do not address the potential impacts due to the transport of constructOn materials and debris The following mitigation measures shall then be required 4) Haul truck deliveries shall not take place between the hours of 8.00 p.m. and 6 30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily taps (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the Plan shall denote haul routes that do not pass sens~trve land uses or residential dwellings e) The site is not located within an airport Land Use Plan and is not within 2 miles of a public airport Located approximately 5-1 /2 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated B59 Irntial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 20 f) The nearest private airstrip, Cable Airport, is located approximately 2-1/2 miles to the west of the Cdy's westerly limits No impact is an4apated 12. POPULATION AND HOUSING. Would the prolect () () () (~) a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, () () () (~) necessitating the construction of replacement housing elsewhere c) Displace substantial numbers of people, () () () (~) necessitating the construction of replacement housing elsewhere Comments• a) The prolect contemplates a subdmsion of one partially developed parcel into three parcels The applicant ultimately plans to construct two single-family residences (one on each new parcel) As the site is located in a predominantly developed area, the prolect will not induce substantial population growth Construction activities at the site will be short-term and will not attract new employees to the area The impact will be less-than-significant b) The prolect site contains one housing unit owned by the applicant The proposal contemplates a subdivision of one parcel into three parcels, the existing house will remain on the easternmost parcel No adverse impact expected c) The homeowner/applicant will remain on the property No impacts are anticipated 13 PUBLIC SERVICES. Would the pro/ect result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any o/the public services a) Fire protecUon~ O O O (~) b) Police protechon~ O O O (~) c) Schools () () () (~) d) Parks O O O (~) e) Other public facilibes~ O O O (~) Comments• • C a) The site, located at the west side of Hermosa Avenue, north of Victoria Street, would be served by a fire station, Fire Station #171 at 6627 Amethyst Avenue, located approximately 3/4 mile from the prolect site The prolect will not require the construction of any new faalities or alteration of any existing faalities or cause a decline in the levels of service, which IJO~J Initial Study for TFnITnrIVF PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 21 could cause the need to construct new faalities Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the protect so no impacts to fire services will occur No impacts are antcpated b) Additional police protection is not regwred as the addition of the protect will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the protect site is within an area that is regularly patrolled c) The Alta Loma School District and the Chaffey Joint Union High School District serve the protect area Both school districts have been notified regarding the proposed development A standard condition of approval will require the developer to pay the School Impact Fees With this standard mitigation, impacts to the School Distracts are not considered significant No impacts are anticipated d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park, Hermosa Park, is located 100 feet east of the protect site The protect will not require the construction of any new facilities or alteration of any existing faalities or cause a decline in the levels of service, which could cause the need to construct new facilities A standard condition of approval will require the developer to pay Park Development Fees No impacts are anticipated e) The proposed protect will utilize existing public facilities The site is in a developed area, currently served by the City of Rancho Cucamonga The protect will not regwre the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Cumulative development within Rancho Cucamonga will increase demand for library services According to the General Plan FEIR (Section 5 9 9), the protected increase in library space under the General Plan will not meet the protected demand The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the Environmental Impact Report (EIR) was prepared and impacts evaluated Since the adoption of the General Plan, the City has planned a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the protected need of 15,500 square feet at build-cut of the City 14. RECREATION. Would the project () () () (/) a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated b) Does the protect include recreational facilities or O O O (/) regwre the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment Comments • a-b) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park, Hermosa Park, is located 100 feet east of the protect site The protect contemplates the subdivision of a 125-acre parcel into three lots and the eventual construction of two new single-family residences This will not cause a substantial increase >' Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 22 in the use of parks or other recreational facilities A standard condition of approval will regwre the developer to pay Park Development Fees No impacts are anticpated 15. TRANSPORTATIONffRAFFIC. Would the pro/ect () () () (~) a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i e , result in a substantial increase in either the number of vehicle trips, the volume to capacty ratio on roads, or congestion at intersections) b) Exceed, either indmdually or cumulatively, a level () () () (~) of service standard established by the county congestion management agency for designated roads or highways c) Result in a change in air traffic patterns, including () () () (`~) either an increase in traffic levels or a change in location that results in substantial safety risks d) Substantially increase hazards due to a design () () () (~) feature (e g , sharp curves or dangerous intersections) or incompatible uses (e g , farm equipment) e) Result in inadequate emergency access? () () () (~) f) Result in inadequate parking capacity O O O (~) g) Conflict with adopted policies, plans, or programs () () () (~) supporting alternative transportation (e g , bus turnouts, bicycle racks) Comments• a) Implementation of the proposed protect will not generate vehicle trip immediately as no homes have been proposed for construction The Rancho Cucamonga Traffic Model estimates that each residence will generate 39 average trips daily As noted in the General Plan FEIR (Section 5 5), continued development will contribute to the traffic load in the Rancho Cucamonga area The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated The protect is in an area that is mostly developed with street improvements existing or included in protect design The protect will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections The protect site will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site per City roadway standards In addition, the City has established a Transportation Development Fee that must be paid by the applicant prior to issuance of bwiding permits Fees are used to fund roadway improvements necessary to support adequate traffic circulation No impacts are anticipated b) The proposed protect will not generate vehicle trip immediately as no homes have been proposed for construction However, when these homes are bwit, they will generate 3 two-way peak hour trips daily, which is less than 250 two-way peak hour traps for non-retail, therefore, is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis The Rancho Cucamonga Traffic Model estimates that each residence will generate 2 two-way peak hour trips daily The protect is in an area that is mostly developed with all street improvements existing The protect will not negatively impact the level of service standards on adtacent arterials The protect will be era u Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 23 required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site No impacts are anticipated c) Located approximately 5-1/2 miles northerly of the Ontario Airport, the site is offset north of the flight path and wdl not change air traffic patterns No impacts are antiapated d) The protect is in an area that is mostly developed The protect site wdl not be required to provide street improvements (curb, gutter, and sidewalk) along the Hermosa Avenue street frontage of the site per City roadway standards, as all improvements are in place The protect design does not include any sharp curves or dangerous intersections or farming uses The protect will, therefore, not create a substantial increase in hazards due to a design feature No impacts are anticipated e) The protect will be designed to incorporate physical improvements and access easements to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access No impacts are anticipated Any residential structures proposed will be regwred to include a 2-car garage (minimum) m compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity No impacts are anticpated g) Not applicable r~ LJ • 16. UTILITIES AND SERVICE SYSTEMS Would the () () () (~) pro/ect a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board b) Regwre or result in the construction of new water () () () (~) or wastewater treatment faalities or expansion of existing faal~ties, the construction of which could cause significant environmental effectsv c) Require or result in the construction of new storm () () () (~) water drainage facilities or expansion of existing faalities, the construction of which could cause significant environmental effects ~ d) Have sufficient water supplies available to serve () () () (~) the protect from existing entitlements and resources, or are new or expanded entitlements needed e) Result in a determination by the wastewater () () () (~) treatment provider, which serves or may serve the protect, that it has adequate capacity to serve the protect's protected demand in addition to the provider's existing commitments f) Be served by a landfill wdh sufficient permdted O O O (~) capacty to accommodate the project's solid waste disposal needs g) Comply with Federal, State, and local statutes and () () () (~) regulations related to solid waste ~(03 Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 Clty of Rancho Cucamonga Page 24 Comments• a) The proposed protect is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga The protect is regwred to meet the requrements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated b) The proposed protect is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacty The protect is regwred to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are antcpated c) All runoff will be conveyed to existing storm drain faalities, which have been designed to handle the flows A Grading and Drainage Plan must be approved by the Budding Offiaal and City Engineer prior to issuance of grading permits The impact is not considered significant d) The protect is served by the CVWD water system There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this protect No impacts are anticipated e) The proposed protect is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity No impacts are anticipated Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs g) This protect complies with Federal, State, and local statutes and regulations regarding solid waste The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939 Therefore, no impacts are anticpated 17. MANDATORY FINDINGS OF SIGNIFICANCE () () () (,i) a) Does the protect have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of Calrfornia history or prehistory b) Does the protect have impacts that are individually () () () (~) limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a protect are considerable when viewed in connection with the effects of past protects, the effects of other current protects, and the effects of probable future protects) ~~0~ Inltlal Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 25 c) Does the protect have environmental effects that () () () (/) will cause substantial adverse effects on human beings, either directly or indirectly Comments a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3 Additionally, the area surrounding the site is developed Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site b) If the proposed protect were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources Mitigation measures were adopted for each of these resources, however, they would not reduce impacts to less-than-significant levels As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)) These benefits include less overall traffic volumes by developing mixed-use protects that wdl be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact Proposed mitigation measures would further reduce emission levels Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels • EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D) The effects identified above for this protect were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis The following earlier analyses were utilized in completing this Intial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply) (/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (/) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) ~--t.O.J Initial Study for TENTATIVE PARCEL MAP SUBTPM16565 City of Rancho Cucamonga Page 26 APPLICANT CERTIFICATION I certify that I am the applicant for the protect described m this Initial Study I acknowledge that I have read this Initial Study and the proposed mitigation measures Further, I have revised the protect plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur Signature ~~"'~"/ ~ Date 1 ' 3/ -EiS Pnnt Name and Title V~twnnl ~ Y r la 22i~-SDN ~t//N~/L u C~ B ~p City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the Cal~forma Environmental Quality Act Section 21091 and 21092 of the Public Resources Code Project File No • Tentative Parcel Map SUBTPM16565 Public Review Period Closes: March 9, 2005 Protect Name: Protect Applicant: Vernon Morrison Protect Location (also see attached map): Located on Jonqwl Drive (a private egresshngress access and drainage easement) west of Hermosa Avenue and north of Victoria Avenue - APN 1076-081-03 Protect Description• Subdivision of 1 25 gross acres of land into three lots in the Low Residential DisVict (2~ dwelling units per acre) FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the protect may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: ^ The Initial Study shows that there is no substantial evidence that the protect may have a significant effect on the environment ® The Initial Study identified potentially significant effects but (1) Revisions in the protect plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the protect as revised may have a significant effect on the environment If adopted, the Negative Declaration means that an Environmental Impact Report will not be regwred Reasons to support this finding are included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is mulled to comment on the proposed Negative Declaration during the review period. March 9. 2005 . Date of Determination Adopted By ~~'7 . RESOLUTION NO 05-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16565 TO SUBDIVIDE 1 25 GROSS ACRES OF LAND INTO THREE LOTS ON JONQUIL DRIVE (A PRIVATE EGRESS/INGRESS ACCESS AND DRAINAGE EASEMENT) WEST OF HERMOSA AVENUE AND NORTH OF VICTORIA AVENUE IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN 1076-081-03 A Recitals 1 Vemon Momson filed an application for the approval of Tentative Parcel Map SUBTPM16565, as descnbed in the title of this Resolution Hereinafter m this Resolution, the subtect Tentative Parcel Map request is referred to as "the application " 2 On the 9th day of March 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date All legal preregwsites pnor to the adoption of this Resolution have occurred B Resolution NOW, THEREFORE, it is herebyfound, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1 The Planning 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 the Planning Commission dunng the above-referenced public heanng on March 9, 2005, including wntten and oral staff reports, together with public testimony, the Planning Commission hereby speafically finds as follows a The application applies to a vacant parcel of 52,826 square feet within the Low Residential Distnct, located on the west side of Hermosa Avenue about 300 feet north of Victona Avenue, and b The application contemplates the subdivision of the subject parcel into three separate parcels Parcel 1 will have an area of 25,395 square feet with dimensions of about 172 feet wide (north-south) by 148 feet deep (east-west), and Parcels 2 and 3 each vnll have an area of 13,715 square feet with equal dimensions of about 80 feet wide (east-west) by 172 feet deep (north-south), and c All lots will have access to Hermosa Avenue via Jonqwl Dnve, an existing dnveway located along, and parallel to, the south property Ime, and • d Parcel 1 is improved with asingle-family residence occupied bythe applicant, which will remain m place At this time, the applicant has not submitted any proposals to construct any residential structures on Parcels 2 and 3 Therefore, both parcels will remain vacant pending future development, and ~~O"D PLANNING COMMISSION RESOLUTION NO 05-14 SUBTPM16565 - VERNON MORRISON March 9, 2005 Page 2 e The properties surrounding the subject site, except to the east, are zoned Low Residential Distract, with varying dimensions and lot sizes, and are improved wrath residential structures The property to the south is also a Chnstmas tree farm The property to the east is zoned Open Space (OS) and is Hermosa Park 3 Based upon the substantial evidence presented to the Planning Commission dunng the above-referenced public heanng, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and conGudes as follows• a That the proposed Tentative Parcel Map is consistent with the ob~ectrves of the General Plan, and b That the proposed Tentative Parcel Map is in accord with the ob~ectrves of the Development Code and the purposes of the distract in which the site is located, and c That the proposed Tentative Parcel Map is in compliance with each of the applicable provisions of the Development Code, and d That the proposed Tentative Parcel Map, together with the conditions applicable thereto, will not be detnmental to the public health, safety, or welfare or matenally inlunous to properties or improvements in the wGnity 4 Based upon the facts and~infornation contained in the proposed Mitigated Negative Declaration, together wrath all wntten and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the protect well have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitonng Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a That the Mitigated Negative Declaration has been prepared incompliance wrath the California Environmental Quality Act of 1970, as amended, and the State CEQA gwdelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent tudgment of the Planning Commission, and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application b Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the protect is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the protect which are listed below as conditions of approval c Pursuant to the provisions of Section 753 5(c) of Title 14 of the Caldomia Code of Regulations, the Planning Commission finds as follows In considenng the record as a whole, the Initial Study and Mitigated Negative Declaration for the protect, there is no evidence that the proposed protect well have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission dunng the public heanng, the Planning Commission hereby rebuts the presumption of • adverse effect as set forth in Section 753 5(c-1-d) of Title 14 of the California Code of Regulations BC~9 PLANNING COMMISSION RESOLUTION NO 05-14 SUBTPM16565 - VERNON MORRISON March 9, 2005 Page 3 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subtect to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Department 1) Each property owner shall be responsible for the permanent maintenance of the segment of Jonquil Dnve within their respective property 2) The extension of Jonquil Dnve across Parcels 2 and 3 shall be paved vnth a permanent surface matenal such as concrete or egwvalent 3) Parcels 2 and 3 shall be developed in accordance with the technical and design standards established for the Low Residential Distract as descnbed in Section 17 08 of the Development Code including, but not limited to, minimum setbacks, maximum lot coverage, maxmum height, roofing matenals, extenor finish/tram, and landscaping 4) The existing sheds and storage structures on-site shall be removed or relocated so that they will comply wrath the minimum setback regwrements of this distract 5) At the time of plan check for each proposed home, detailed Landscape and Imgation Plans shall be submitted to the Planning Department for rewew and approval A minimum of 30 percent of the landscape matenal shall be large size (minimum 24-inch box size trees, 10-gallon shrubs) within the front yard and visible portions of the side yard in order to create a mature appearance The detailed Landscape and Imgation Plans must be approved by the City Planner pnor to the issuance of bwldinp permds 6) Front yard landscaping shall be installed pnor to release of occupancy 7) If new penmeter screen (garden) walls or fences are proposed, espeaally along the south property line of the subtect property, a good faith effort shall be made with the owner(s) of the adtoining property to coordinate the design and construction of these walls/fences to ensure that any grade differences are minimized and that there are no "double-wall" conditions Ena~neenno Department 1) Provide access and cross lot drainage easements on the final map Cross lot pnvate drainage facilities shall be installed pnor to map recordation 2) Reconstruct shared dnve approach to be 26 feet wnde, commercial- type, and ADA-compliant, with a 4-foot sidewalk crossing at 0 inch curb face B PLANNING COMMISSION RESOLUTION NO 05-14 SUBTPM16565 - VERNON MORRISON March 9, 2005 Page 4 3) A Water Quality Management Plan (WQMP) is required Access the following websrte for an updated San Bernardino County WQMP for New Development and Redevelopment Protects htip //www swrcb ca gov/rwgcb8/html/sb_wgmp html This site provides Guidance and Templates that can be filled out electronically and punted Adhere to these gwdelines and use the templates provided Also, incude the Best Management Practices (BMPs) identified in the plan on grading plans when submitting for plan check A modified, Non-Category Protect version of the WQMP rs also available at Engmeenng Department front counter of the City of Rancho Cucamonga 4) Single-family residential protects, up to 4 units, are exempt from paying fees for the Construction and Demolition Diversion Program. Nevertheless, pnor to the issuance of budding permits, the "Exempt Protects"form shall be submitted to the Engmeenng Department when the first budding permit application is submitted to the Budding and Safety Department Environmental Miligation ,4rr Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' speGficetions Maintenance records shall be available at the construction site for City venfication 2) Pnor to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low-emission mobile construction egwpment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management Drstnct (SCAQMD), as well as Gty Planning staff 3) All paints and coatings shall meet or exceed performance standards noted rn SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted rn SCAQMD Rule 1108 5) All construction equipment shall comply vwth SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions Reestablish ground cover on the construction site through seeding and watenng ~~ PLANNING COMMISSION RESOLUTION NO 05-14 SUBTPM16565 - VERNON MORRISON March 9, 2005 Page 5 Pave or apply gravel to any on-site haul roads Phase grading to prevent the susceptibility of large areas to erosion over extended penods of time Schedule activities to minimize the amounts of exposed excavated sod dunng and after the end of work penods Dispose of surplus excavated matenal m accordance with local ordinances and use sound engineenng practices. Sweep streets according to a schedule established by the City if silt is tamed over to adtacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction Suspend grading operations dunng high ~nnnds (i a ,wind speeds exceeding 25 miles per hour) m accordance with SCAQMD Rule 403 requirements Maintain a minimum 24-inch freeboard ratio on sods haul trucks or cover payloads using tarps or other suitable means 6) The site shall be treated vnth water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fme Particulate Matter (PM,o) emissions, m accordance with SCAQMD Rule 403 7) Chemical sod-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactnre construction areas that remain inactive for 96 hours or more to reduce PM~o emissions 8) The construction contractor shall utilize electnc or Gean altematrve fuel-powered egwpment where feasible 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off egwpment when not in use 10) All resideniial structures shall be regwred to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters 11) All residential structures shall be regwred to incorporate thermal pane windows and weather-stnppmg Brologrcal Resources 1) The applicant shall submit a Tree Removal Permit application for review and approval by the City Planner pnor to the removal of any tree on the property B ~a PLANNING COMMISSION RESOLUTION NO 05-14 SUBTPM16565 - VERNON MORRISON March 9, 2005 Page 6 Cultural Resources 1) tf any prehistonc archaeological resources are encountered before or dunng grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropnate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga well Enact intenm measures to protect undesignated sites from demolition or significant modification vnthout an opportunity for the City to establish its archaeological value Consider establishing provisions to require incorporation of archaeological sites vnthin new developments, using then special qualities as a theme or focal point Pursue educating the public about the area's archaeological hentage Propose mitigation measures and recommend conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistonc resources, follovwng appropnate CEQA guidelines Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the protect area Submit one copy of the completed report, with onginal illustrations, to the San Bernardino County Arohaeological Information Center for permanent archiving. 2) A qualified paleontologist shall conduct a preconstrudion field survey of the protect site The paleontologist shall submit a report of findings that vwll also prowde specafic recommendations regarding further mitigation measures (i a ,paleontological monitonng) that may be appropnate Where mitigation monitonng is appropnate, the program must inGude, but not be limited to, the follovwng measures Assign a paleontological monitor, trained and egwpped to allow the rapid removal of fossils vnth minimal construction delay, to the site full-time dunng the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, divert earth-disturbing actiwties elsewhere until the momtor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the momtor of the find Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to the San Bernardino County Museum ~~~ PLANNING COMMISSION RESOLUTION NO 05-14 SUBTPM16565 - VERNON MORRISON March 9, 2005 • Page 7 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, m accordance vnth SCAQMD Rule 403 or replant with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of sod off-site Timing may vary depending upon the time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize particulate matter emissions from the sde dunng such episodes 4) Chemical sod-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions Hydrology and Water Quality 1) Pnor to issuance of grading permits, the permit applicant shall submd to the Budding Offiaal for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants dunng construction activties entenng the storm drain system to the maximum extent practical 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed protect that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading This Erosion Control Plan shall include the following measures at a minimum a) Speufy the Uming of grading and construction to minim¢e soil exposure to rainy penods expenenced m southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site oroff-site as a resuk of this protect will be corected through a remediation or restoration program within a specified time frame 3) Dunng construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debns or sedimentfrom the site when there is rainfall or other runoff 4) Dunng construction, to remove pollutants, street cleaning will be performed pnor to storm events and after the use of water trucks to control dust in order to prevent discharge of debns or sediment from the site ~~~ PLANNING COMMISSION RESOLUTION NO 05-14 SUBTPM16565 - VERNON MORRISON March 9, 2005 Page 8 5) The applicant/developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) to reduce pollutants after construction entenng the storm dram system to the maximum extent practical 6) Landscaping Plans shall include provisions for controlling and minimizing the use of feRdizers/pestiades/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, including momtonng provisions for a minimum of two years, shall be submitted to the Gty for review and approval pnor to the issuance of grading permits 7) The applicanUdeveloper shall provide access and cross-lot drainage easements on the final map Cross lot pnvate drainage facilities shall be installed pnor to map recordation 8) Pnor to issuance of budding permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project descnption and identifying BMPs that wdl be used on-site to reduce pollutants into the storm dram system to the maximum extent practicable The WQMP shall identify the structural and non-structural measures consistent with the Gwdelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 9) Pnor to issuance of grading or paving pertmts, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Stonn Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a wpy of the Waste Dischargers Identification Number) shall be submitted to the City Budding Offical for coverage under the NPDES General Construction Permit Norse 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17 02 120-D, as measured at the property line The developer shall hire a consultant to perform weekly noise level momtonng as specified in Development Code Section 17 02 120 Monitonng at other times may be required by the Budding Official Said consultant shall report their findings to the Budding Official within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department If noise levels exceed the above standards, then TS PLANNING COMMISSION RESOLUTION NO 05-14 SUBTPM16565 - VERNON MORRISON March 9, 2005 Page 9 construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted 3) The penmeter block wall shall be constructed as early as possible in first phase 4) Haul truck delrvenes shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily tops (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes To the extent feasible, the Plan shall denote haul routes that do not pass sensitive land uses or residential dwellings 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2005 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich MaGas, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Plamm~g Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Plamm~g Commission of the City of Rancho Cucamonga, at a regular meeting of the Plamm~g Commission held on the 9th day of March 2005, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~1 LJ ~~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: TENTATIVE PARCEL MAP SUBTPM16565 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed protect This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the protect A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP wdl be in place through all phases of the protect The protect planner, assigned by the City Planner, shall coordinate enforcement of the MMP The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps wdl be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action wdl be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the protect file with the department having the original authority for processing the protect Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 ~~ ~~~ MITIGATION MONITORING PROGRAM SUBTPM16565 - VERNON MORRISON • Page 2 3 Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the protect planner 4 The protect planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form After each measure is verified for compliance, no further action is required for the specific phase of development 5 All MMP Reporting Forms for an impact issue regwring no further monitoring will be signed off as completed by the protect planner or responsible City department at the bottom of the MMP Reporting Form 6 Unanticipated circumstances may arse regwring the refinement or addition of mitigation measures The protect planner is responsible for approving any such refinements oradditions An MMP Reporting Form will be completed by the protect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel 7 The protect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued The protect planner or responsible City department also • has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring The protect planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented Any conditions (mitigation) that require monitoring after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Department The Department shall regwre the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the regwred period of time 9 In those instances regwnng long-term protect monitoring, the applicant shall provide the City with a plan for momtonng the mitigation activities at the protect site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of bwlding permits BSS MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: TENTATIVE PARCEL MAP SUBTPM 16565 Applicant: VERNON MORRISON Initial Study Prepared by: MIKE SMITH. ASSISTANT PLANNER Date: JANUARY 24, 2005 •. Air Quality ~ ~ f ' All construction egwpment shall be maintained in good CP C Review of plans AIC 2/4 operating condition so as to reduce operational emissions The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction sde for Cdy venhcatwn Prior to the issuance of any grading permits, the CPIBO C Review of plans C 2 developer shall submit Construction Plans to the City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low-emission mobile construction egwpment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff All paints and coatings shall meet or exceed CP C Review of plans AIC 2/4 performance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high-volume, low-pressure spray All asphalt shall meet or exceed performance standards BO B Review of plans A/C 2 noted in SCAQMD Rule 1108 All construction equipment shall comply with SCAQMD BO C Review of plans AIC 2/4 Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site BO C Review of plans AIC 2/4 through seeding and watering • ~8 -. • Pave or apply gravel to any on-site haul roads BO C Review of plans AIC 2/4 • Phase grading to prevent the susceptibility of large BO C Review of plans A/C 2/4 areas to erosion over extended periods of time • Schedule activities to minimize the amounts of BO C Review of plans A/C 2l4 exposed excavated soil during and after the end of work periods • Dispose of surplus excavated material in BO C Revew of plans A 4 accordance with local ordinances and use sound engineering practices • Sweep streets according to a schedule established BO C During A 4 by the City if silt is carried over to adtacent public construction thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction • Suspend grading operations during high winds (i e , BO C During A 4 wind speeds exceeding 25 mph) in accordance with construction SCAQMD Rule 403 requirements , Mamtam a minimum 24-inch freeboard ratio on sods • BO C During A 4 haul trucks or cover payloads using tarps or other Construction swtable means The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM~o) emissions, in accordance with SCAQMD Rule 403 Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM~o emissions The construction contractor shall utilize electric or clean BO C During A/C 4 alternative fuel-powered equipment where feasible construction The construction contractor shall ensure that BO C Review of plans AIC 214 construction grading plans include a statement thatwork crews will shut aff equipment when not in use ~ 2 of 8 .~ ~, .. All residential and commercial structures shall be BO CID Review of plans C 2/4 regwred to incorporate high-effiaencyAow-polluting heating, av conditioning, appliances, and water heaters All residential and commercial structures shall be BO C/D Review of plans C 2l4 regwred to incorporate thermal pane windows and weather-stnppmg Biological Resources '~ `,e. ;~y ~';~ ' ~t~,"~yy~ ` ' ti"~ ~ ~ ~ , "l ~t ~ ~ °~ "~~~ r, ~ ,,,,~~~~~~~;+,„„r~ ~~;~~ ~ ~ ~~ , i y x =~.$ sii ¢XP=Y , TPkA; 4 «4 kdTlni,~~h The applicant shall submit a Tree Removal Permit CP B Prior to removal B 2/4 application for review and approval by the City Planner prior to the removal of any tree on the property Cultural Resources ~ '~'°' ,;~; ~ ~', d";a:,~, ~, ~~Gfirr~~ ~~ i ~'+^~,"k• ~f~~ r ~ +, '~~+~r'~pr,~>~~~, ~h~, „~ ,,~ If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated CPIBO C Review of report AID 3/4 sites from demolition or significant modification without an opportunity for the City to establish ds archaeological value • Consider establishing provisions to require CP/BO C Review of report AID 3l4 incorporation of archaeological sites wdhin new developments, using their special qualities as a theme or focal point Pursue educating the public about the area's CP/BO C Review of report AID 3/4 archaeological heritage • Propose mdigation measures and recommend CP/BO C Review of report A/D 3/4 conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines D 8 • s • . .... ... .. ... . . . . .... .. . . . ... • Prepare a technical resources management report, CP C Review of report A/D 3/4 documenting the inventory, evaluation, and proposed mitigation of resources within the protect area Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving A qualified paleontologist shall conduct a preconstruction CP B Review of report A/D 4 field survey of the protect site The paleontologist shall submit a report of findings that wdl also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures Assign a paleontological monitor, trained and CP B Review of report A/D 4 equipped to allow the rapid removal of fossils with minimal construction delay, to the sde full-time during the interval of earth-disturbing activities • Should fossils be found within an area being cleared BO B/C Review of report AID 4 or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit a summary report to the City of Rancho CP D Review of report D 3 Cucamonga Transfer collected specimens wdh a copy of the report to the San Bernardino County Museum Geology and Soils The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAOMD and construction RW OCB) daily to reduce PM~o emissions, m accordance with SCAOMD Rule 403 or replanted with drought resistant landscaping as soon as possible 4 of 8 ~, Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PM,o construction emissions assoaated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PM,o emissions construction from the site during such episodes Chemical sail-stabilizers (approved by SCAOMD and BO C Durng A 4 RWOCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,a emissions Hytlrology and Water 4uality - ,~ ~~y~~9~ 1ag~~,;~,~ G,, ~ ~ ~ ~~'( rr~'~n'^~~,; ..~~ ~ .P , ~,,r,. =' ,b ,, . ~, .,. . st6 +~'~.' s,., 7 Pnor to issuance of grading permits, the permit applicant CE BIC/D Review of plans A/C 2/4 shall submit to Bwlding Official for approval a Storm Water Pollution Prevention Plan (SW PPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants dunng construction actiwties entering the storm drain system to the maximum extent practical An Erosion Control Plan shall be prepared, included in BO B/CID Revew of plans AIC 2/4 the Grading Plan, and implemented for the proposed protect that identifies specific measures to control on- site and off-site erosion from the time of ground disturbing activdies are indicted through completion of grading This Erosion Control Plan shall include the following measures at a minimum a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this pro/ect will be corrected through a remediation or restoration program within a specified time frame ~c ~$ • .. .. ... . - .. .. During construction, temporary berms such as BO B/CID Rewew of plans A/C 2/4 sandbags or gravel dikes must be used to prevent 8 During discharge of debris or sediment from the site when there construction is rainfall or other runoff During construction, to remove pollutants, street CE B/CID Rewew of plans AIC 2/4 cleaning will be performed prior to storm events and & During after the use of water trucks to control dust in order to construction prevent discharge of debns or sediment from the site The applicanUdeveloper shall implement the BMPs CE BIC/D Review of plans AIC 2l4 identified in the Water Quality Management Plan (W QMP) to reduce pollutants after construction entering the storm drain system to the maximum extent practical Landscaping Plans shall include provisions for CE BIC/D Rewew of plans PJC 2/4 controlling and minimizing the use of fertilizerslpestiades/herbiades Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits The applicanUdeveloper shall provide access and cross- CE BICID Rewew of plans AIC 2l4 lot drainage easements on the final map Cross lot private drainage facilities shall be installed prior to map recorda4on Prior to issuance of building permits, the applicant shall CE BICID Review of plans AIC 2/4 submit to the City Engineer for approval of a WQMP, including a protect description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of i Rancho Cucamonga m June 2004 G a 6of8 ~. .. Prior to issuance of grading or paving permits, the BO BIC/D Rewew of plans A/C 2/4 applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Bwlding Official for coverage under the NPDES General Construction Permd Noise ' Construction or grading shall not take place between the BO C During A 4 hours of 8 00 p m and 6 30 a m on weekdays, construction including Saturday, or at any time on Sunday or a national holiday Construction or grading noise levels shall not exceed the BO C Dunng A 4 standards specified m Development Code Section construction 17 02 120-D, as measured at the property line The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be regwred by the Bwlding Offical Said consultant shall report their findings to the Bwlding Offiaal within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department If noise levels exceed the above standards, then construction activities shall be reduced m intensity to a level of compliance with above noise standards or halted The perimeter block wall shall be constructed as early CP C Dunng A A as possible m the first phase construction ~ ~$ . . . .. . . . . .. ... . . . .- -. Haul truck deliveries shall not take place between the PO/BO C During A 4/7 hours of 8 00 p m and 6 30 a m on weekdays, construction Including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 dally trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes To the extent feasible, the Plan shall denote haul routes that do not pass sensitive land uses or residential dwellings Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification Sanctions CDD -Community Development Director or designee A -With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map CP -Cdy Planner or designee B - Pnor To Construction B -Other Agency Permd /Approval 2 -Wdhhold Grading or Budding Permit CE -Cdy Engineer or designee C -Throughout ConsWction C -Plan Check 3 -Wdhhold Certficale of Occupancy BO -Building Official or designee D - On Completion D -Separate Submittal (Reports/Studies/Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Deposd or Bonds FC - Fre Chief or desgnee 6 -Revoke CUP 7 - Cilahon sOf$ STANDARD CONDITIONS PROJECT #: TENTATIVE PARCEL MAP SUBTPM16565 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: VERNON MORRISON LOCATION: 10090 JONQUIL DRIVE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1 The appltcant shall agree to defend at his sole expense any actton brought against the City, tts _/_I agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relingwsh such approval The applicant shall reimburse the Ctty tts agents, officers, or employees, for any Court costs and attorney's fees which the Ctty, its agents, officers, or employees maybe regwred by a court to pay as a result of such action The City may, at its sole discretion, partiapate at its own expense in the defense of any such actton but such participation shall not relieve applicant of his obligations under this condition B. Time Limits 1 This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _/_/_ Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval C. 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 Department, the conditions contained herein, and Development Code regulations 2 Prior to any use of the protect site or business activity being commenced thereon, all Conditions _I_I_ of Approval shall be completed to the satisfaction of the City Planner 3 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for hment l _/_/_ , , encroac consistency prior to issuance of any permits (such as grading, tree remova budding, etc) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first ' B 8-~- Protect No SUBTPM16565 D. E. F i Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance All ground-mounted utility appurtenances such as transformers, AC condensers, etc ,shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner For single- family residential developments, transformers shall be placed in underground vaults Landscaping A detailed landscape and irrigabon plan, including slope planting and model home landscaping 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 bulding permits or prior final map approval in the case of a custom lot subdivision All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater slope shall be landscaped and 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 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 requred by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be inGuded in the required landscape plans and shall be subtect to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be regwred by the Engmeenng Department _ Environmental Mitigation measures are required for the protect The applicant is responsible for the cost of implementing said measures, including monitoring and reporting Applicant shall be regwred to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $474 00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds may be used by the City to retain consultants andlor pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions regwred by the approved environmental documents shall be considered grounds for forfeit Other Agencies The applicant shall contact the U S Postal Service to determine the appropriate type and location of mailboxes Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final locabon of the mailboxes and the design of the overhead structure shall be subtect to City Planner review and approval prior to the issuance of bulding permits Comolehon Date / / / / / / / I I / -/-/- / / / / z L3 B8 Prgect No SUBTPM16565 Comolehon Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE. ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) G. General Requirements Submit five complete sets of plans including the following a Site/Plot Plan, b. Foundation Plan, c Floor Plan, d. Ceding and Roof Framing Plan, e. Electncal Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isomeVics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and au wnditiornng, and g Planning Department Protect Number (i e , SUBTT #, SUBTPM#, DRC #) Dearly identfied on the outside of all plans 2 Submit two sets of structural calculations, energy conservation calculations, and a soils report Architect's/Engineer's stamp and 1veY signature are regwred pnor to plan check submittal 3 ConVactors must show proof of State and City licenses and Workers' Compensation coverage to the City pnor to permd issuance. - 4 Separate permits are regwred for Penang and/or walls 5 Developers wishing to partiapate in the Community Energy Efficiency Program (CEEP) can contact the Budding and Safety Department staff for information and submittal regwrements H. Site Development 1 Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the protect file number (i e , SUBTPM16565) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Department for avadabdiry of the Code Adoption Ordinance and applicable handouts 2 Pnor to issuance of building permts for a new residential protect or mator addition, the applicant shall pay development fees at the established rate Such fees may inGude, but are not limded to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Department pnor to permd issuance 3 SVeet addresses shall be provided by the Budding and Safety Official after Vact/parcel map recordation and pnor to issuance of bulding permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday through Saturday, with no construction on Sunday or holidays / / / / / / _/_i / / / / / I / / 1 I 3 Bg9 Protect No SUBTPM16565 Completion Date I. New Structures 1 Provide compliance with the California Building Code (CBC) for property Ilne clearances considering use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for required occupancy separations 3 Roofing material shall be installed per the manufacturer's "high wind" instructions J. Grading 1 Grading of the subject property shall be in accordance with Califomia Building Code, City Gradrng Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of Califomia to perform such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permts 5 A separate grading plan check submittal is required for all new construction protects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: K. Dedication and Vehicular Access Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map L. Street Improvements 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 Standards Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees Construct the following perimeter street improvements including, but not limited to Street Name Curb & Gutter AC Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trail Median Island Bike Trail Other Hermosa Avenue X X (e) 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, sidewalk shall be curvilinear per Standard 114 (d) If so marked, an in-lieu of construction fee shall be provided for this item (e) Curbside dram outlet -/-/- -/-/. -/-/ -/-/- -/-/- -/-/- -/-/- -/-/- -/-/ -/-/- -/-/- -/-/. a ~ ~~ Protect No SUBTPM16666 Comoletion Date 3 Improvement Plans and Construction a Street improvement plans, including street trees, street lights, and intersection safety lights _/_/~ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and 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 Ctty Attorney guaranteeing completion of the public and/or private street improvements, pnorto final map approval or the issuance of building permits, whichever occurs first b Prior to any work being performed in public right-of-way, fees shall be paid and a _/_/_ construction permit shall be obtained from the City Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and _/_I_ interconnect conduit shall be installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be installed tooth any new construction or reconstruction _/_I_ protect along ma/or or secondary streets and at intersections for future traffic signals and interconnect wiring Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes 1) Pull boxes shall be No 6 at intersections and No 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer 2) Condwt shall be 3-inch galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of intersections per City _I_/_ Standards or as directed by the City Engineer f Existing City roads requiring construction shall remain open to traffic at ail times with _/_/~ adequate detours during construction Street or lane closure permits are required Acash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion 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 residential lots h Street names shall be approved by the City Planner prior to submittal for first plan check _/_/_ M. Public Maintenance Areas 1 A signed consent and waiver form to toin 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 N. Improvement Completion 1 If the required public improvements are not completed prior to approval of the final parcel map, _/_/_ an improvement security accompanied by an agreement executed bythe Developer and the City will be required for Hermosa Avenue frontage improvements O. Utilities 1 Provide separate utility services to each parcel including sanitary sewerage system, water, gas, _/_/_ electric power, telephone, and cable N (all underground) in accordance with the Utility Standards Easements shall be provided as regwred 5 t3 9/ Protect No SUBTPM16665 Comolehon Date 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 Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVWD is regwred prior to final map approval or issuance of permits, whichever occurs first 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 the issuance of permits in the case of all other residential protects 4 Approvals have not been secured from all utilities and other interested agenaes involved Approval of the final parcel map will be subject to any requirements that may be received from them APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Security Lighting Lighting in exterior areas shall be to vandal-resistant fixtures Q. Security Hardware 1 A secondary locking device shall be installed on all sltding glass doors 2 One-inch single cylinder dead bolts shall be installed on all entrance doors Ifwindows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used 3 All garage or rolling doors shall have slide bolts or some type of secondary locktng devices R. Windows 1 All sliding glass windows shall have secondary locking devices and should not be able to be lifted from frame or track to any manner S. Building Numbering Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime wsibtltty APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED / / -~-~- I / I / / / I s $9a RANCHO CUCAMONGA FIRE DISTRICT i STANDARD CONDITIONS October 11, 2004 Jongwl PM New Parcel Map SUBTPM16565 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply The domestic water service & meter must be sized to service the requred automatic fire spnnkler system required in lots 2 & 3 FSC-2 Fire Flow The regwred fire flow letter for this protect is on record with FCS This regwrement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire Distract Ordinances. Fire supply water plans are regwred for all protects that must extend the existing water supply onto the site Building permits will not be issued until fire supply water plans are approved. FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire Distract regwres an approved automatic fire spnnkler system to be installed in all structures on parcels 2 &3. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes Please reference the RCFPD Fire Department Access - Fire Lanes Standard 9-7 Specifications for private Fire District access roadways per the RCFPD Standards are a The minimum unobstructed width is 20-feet b The maximum inside tum radws shall be 20-feet c The minimum vertical clearance is 14-feet, 6-inches d The angle of departure and approach shall not exceed 9-degrees or 20 percent X93 e The maximum grade of the driving surface shall not exceed 12% f The paving must support a minimum load of 70,000 pounds gross vehicle weight (GVW) g Trees and shrubs planted adiacent to the fire lane shall be kept trimmed to a minimum of 14 feet, 6-inches from the ground up Vegetation shall not be allowed to obstruct Fire Department apparatus 2 Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1 The following design regwrements apply a All automatic gates shall be provided with a Fire Distract approved, compatible traffic pre- emption device The devices shall be digital Analog devices are not acceptable Devices shall be installed in accordance with the manufacturer's instructions and specifications b Vehicle access gates shall be provided with an approved Fire Distract Knox Key Switch c The key switch shall be located outside and immediately adiacent to the gate for use in the event that the traffic pre-emption device fads to operate d. A traffic loop device must be installed to allow exiting from the complex e The gate shall remain in the open position for not less than 20-minutes and shall automatically reset 3 Fire Lane Identification Red curbing and/or signage shall identify the fire lanes A site plan illustrating the proposed delineation that meets the minimum Fire Distract standards shall be included in the architectural plans submitted to B&S for approval 4 Approved Fire Department Access: The approved mitigation measures must be clearly noted on the site plan A copy of the approved Alternative Method application must be reproduced on the architectural plans submitted to B&S for plan review FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal have approved a request for alternate method, as submitted A copy of the approved form and these standard conditions must be reproduced on the plans submitted for construction FCS-14 Map Recordation 1 Reciprocal Access Agreement The plan as submitted indicate that the regwred Fire Department access is located on property which is a Crosses a property line, and b Will be shared by multiple owners Please provide a pennanent access agreement granting irrevocable use of the property to the Fire Distract The agreement shall include a statement that no obstruction, gate, fence, budding or other structure shall be placed within the dedicated access without Fire District approval The recorded agreement shall include a copy of the site plan The agreement shall 2 ~~~ be presented to Fire Construction Services for review and approval, pnor to recordation The agreement shall be recorded with the Recorder's Office, County of San Bernardino To assist Fire Construction Services in reviewing the agreement the following shall be included in the • submittal The current title reports to provide a legal description and proof of ownership for all properties included in the agreement The assessor's parcel numbers of each parcel subtect to the agreement c A scaled site plan showing the path of the Fire District access, the width, turn radu and slope of roadway surface shall be provided The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7 and or the approved alternative method 2 Reciprocal Water Covenant and Agreement private fire mains or appurtenances a Cross a property line, and The plans as submitted indicate that a required Wdl be shared by multiple owners Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection egwpment essential to the water supply The agreement shall meet the form and content approved by the Rancho Cucamonga Fire Distract The agreement shall favor the fire district and shall be submitted to Fire Construction Services for review and approval, pnor to recordation The agreement shall be recorded within the Recorder's Office, County of San Bernardino Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: Private Water Supply (Fire) Systems The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District Plans and installation shall comply with Fire District Standards Approval of the on-site (private) fire underground and public water plans is required pnor to any bwlding permit issuance for any structure on the site Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standard # 9-8 The Bwlding & Safety Division and Fire Construction Services will perform plan checks and inspections All private on-site fire hydrants shall be installed, flushed and operable pnor to delivering any combustible framing materials to the site Fire construction Services wdl inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped 2 Public Water Supply (Domestic/Fire) Systems The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD On the plan, show all existing fire hydrants within a 600-foot radws of the protect Please reference the RCFPD Water Plan Submittal Procedure Standard # 9-8 s 6 95 All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site CCWD personnel shall inspect the installation and witness the hydrant flushing Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD Fire Construction Services must grant a clearance before lumber is dropped Construction Access The access roads must be paved in accordance with all the regwrements of the RCFPD Fire Lane Standard #9-7 All temporary utilities over access roads must be installed at least 14' 6"above the finished surface of the road 4 Fire Flow A current fire flow letter from CCWD must be received The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services 5 Easements and Reuprocal Agreements All easements and agreements must be recorded with the County of San Bernardino PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures" PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1. Hydrant Markers All fire hydrants shall have a blue reflective pavement marker indicating the fire • hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers" On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location 2 Fire Sprinkler System Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services 3 Access Control Gates Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services 4 Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services The CC&R's, the reaprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, speaty the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all regwred fire access roadways 5 Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background The numbers shall be internally or externally illuminated during periods of darkness The numbers shall be visible from the street When bulding setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry 4 /3 96 . , _~U C RANCRO CUCAMONGA Staff Report DATE March 9, 2005 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Vance Pomeroy, Contract Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16776 -VAN DAELE DEVELOPMENT CORPORATION - A request to subdivide 19 gross acres of land into 59 lots within the Low-Medwm Residential District (4-8 dwelling units per acre), located on the north side of Base Line Road, approximately 1,200 feet east of Etiwanda Avenue - APN 0227-131-29, 34, 35, 36, 52, 53, and 55 thru 58 Related Files Development Review DRC2004-00052, Variance DRC2004-01002, and Tree Removal Permit DRC2004-00701 Staff has prepared a Negative Declaration of environmental impacts for consideration ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00052 -VAN DAELE DEVELOPMENT CORPORATION -The rewew of site plan and elevations for 59 single-family homes on 19 acres of land within the Low-Medwm Residential District (4-8 dwelling units per acre), located on the north side of Base Line Road, approximately 1,200 feet east of Etiwanda Avenue -APN 0227-131-29, 34, 35, 36, 52, 53, and 55 thru 58 Related Fdes Tentative Tract Map SUBTT16776, Variance DRC2004-01002, and Tree Removal Permit DRC2004-00701 Staff has prepared a Negative Declaration of environmental impacts for consideration VARIANCE DRC2004-01002 -VAN DAELE DEVELOPMENT CORPORATION - A request for an increase in wall height related to 59 single-family homes on 19 acres of land within the Low-Medwm Residential District (4-8 dwelling urnts per acre), located on the north side of Base Line Road, approximately 1,200 feet east of Etiwanda Avenue -APN 0227-131-29, 34, 35, 36, 52, 53, and 55 thru 58 Related Files Tentative Tract Map SUBTT16776, Development Review DRC2004-00052, and Tree Removal Permit DRC2004-00701 ANALYSIS Staff continues to work with the applicant on the issues surrounding the westerly project boundary The issues were brought forward at the January 26, 2005, Planning Commission meeting The applicant's engineer submitted the proposed revised site layout and ITEMS C, D, & E PLANNING COMMISSION STAFF REPORT SUBTT16776, DRC2004-00052, AND DRC2004-01002 -VAN DAELE DEVELOPMENT CORP March 9, 2005 Page 2 grading plans showing the revised fill and drainage along the westerly property line and the Grading Review Committee conceptually approved the plan with minor changes on February 15, 2005 Staff met with the applicant's arbonst at the site on February 3, 2005, but the resulting report did not arrive in time for sufficient review for this agenda date Staff is closely monitoring the situation and feels that atwo-week continuance is necessary to satisfactorily review these issues and so that swtable exhibits can be delivered to the Planning Commission to allow for their thorough evaluation of the project RECOMMENDATION Staff recommends that the Planning Commission continue Tentative Tract Map SUBTT16776, Development Review DRC2004-00052, and Vanance DRC2004-01002 until the regular Planning Commission meeting on March 23, 2005 Respectfully submitted, Brad Buller City Planner BB VP\Is ~, ~ ~a T H E C I T Y O F RANCHO CUCAMONGA Staff Report DATE March 9, 2005 TO Chairman and Members of the Planning Commission FROM Brad Buller, Clty Planner SUBJECT REVIEW OF CONDITIONAL USE PERMIT 88-45 MODIFICATION AND ENTERTAINMENT PERMIT 91-03 -MARGARITA BEACH AND CONDITIONAL USE PERMIT 94-01 - RAMONA MARKET - A review of the business operations located at 9950 Foothill Boulevard - APN 1077-621-34 REGULATIONS The request for an Evidentiary Hearing is being brought forth to the Planning Commission to review the compliance issues for the business Attached are copies of pertinent letters and a chronology since the approval of Conditional Use Permit 98-08 The Development Code (RCMC Section 17 04 030 G) gives the Planning Commission the authority to "periodically review any Conditional Use Permit to ensure that it is being operated in a manner consistent with Conditions of Approval " Furthermore, the Municipal Code (RCMC Section 5 12 100) gives the Planning Commission the authority to suspend or revoke an Entertainment Permit if, following a notice and hearing, the Commission finds that the permittee "violated any rules, regulations or conditions adopted by the Planning Commission relating to the permittee's business or permit or conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public "The purpose of tonight's hearing is for the Commission to determine whether there is sufficient evidence to warrant a full examination If so determined, a public hearing will be scheduled to consider possible modification or revocation of the Conditional Use Permit and Entertainment Permit BACKGROUND City resident Edward Sanchez requested that he be permitted to speak at the February 2, 2005, City Council meeting under Public Communications to discuss Margarita Beach (formerly Margaritaville) Thirteen residents spoke at that meeting and indicated they have experienced various problems regarding Margarita Beach In addition, the owner of Margarita Beach spoke and asked that he be given an opportunity to correct the problems Mr Sanchez asked that the matter be referred to the Planning Commission for its review Two Council Members suggested that the impact of the liquor store should be considered as well (Exhibit "D") On February 7, Mr Sanchez presented a petition signed by 34 residents asking that staff conduct an investigation and review of permits for Margarita Beach (Exhibit "F") ITEM F PLANNING COMMISSION STAFF REPORT CUP 88-45 MOD & EP 91-03 -MARGARITA BEACH/CUP 94-01 - RAMONA MARKET March 9, 2005 Page 2 Conditional Use Permit 88-45 was originally approved in 1988 for Siam Garden Restaurant (Exhibit "G") In 1991, Fred and Urai Nelson filed an application to expand the size of the restaurant and bar and to allow live entertainment under the business name of Skipper's Bar and Grill The Planning Commission approved Conditional Use Permit 88-45 Modification and Entertainment Permit 91-03 on October 23, 1991 (Exhibits "H" and "I") In 1996 the Entertainment Permit was transferred to Margaritaville, and the name was changed to Margarita Beach in 2004 Ramona Market received their Conditional Use Permit on February 9, 1994 (Exhibd "J") On Tuesday, March 1, 2005, staff received a number of letters and materials from surrounding neighbors Staff was also told more letters may be coming on or before the March 9 meeting date Staff will forward all letters received to the Planning Commission under separate cover Anyone else wishing to review these letters may do so by requesting a review of the case file at the Planning Department wunter located at City Hall RECOMMENDATION Because of the evidence presented, staff recommends that the Planning Commission direct staff to schedule a public hearing to consider revoking Conditional Use Permit 88-45 and Entertainment Permit 91-03 and Conditional Use Permit 94-01 , Respectfully submitted, Brad Buller City Planner BB gs Attachments Exhibit "A" Exhibit "B" Exhibd "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Exhibit "I" Exhibit "J" Exhibit "K" - February 9, 2005 Memorandum from Code Enforcement - February 17, 2005, Memorandum from Police - February 22, 2005, Memorandum from Fire - City Councl Minutes for February 2, 2005 - Packet of Materials Presented to City Council on February 2, 2005 - February 6, 2005, Neighborhood Petition Requesting Review - Resolution No 88-242 for Conditional Use Permit 88-45 - Resolution No 88-242A for Conditional Use Permit 88-45 Modification - Resolution No 91-184 for Entertainment Permit 91-03 - Resolution No 94-07 for Conditional Use Permit 94-01 - Letters Received From Neighboring Residents (Distributed Under Separate Cover) ~~ • R A N C H O C U C A M O N G A BUILDING AND SAEETY CI'ft(OF ~a~,,., ~ ~ ~ ~ _~.au-~, M~T~LOI"dt Ldllln F E B 10 2005 DATE: February 9, 2005 ~'~~'" ~il~IliVG TO: Brad Buller, City Planner FROM: Mark Salazar, Code Enforcement Supervisor SUBJECT 9950 FOOTHILL BOULEVARD - MARGARITA B ACH The following are the only cases that Code Enforcement has received regarding Margaritaviile/Margarita Beach since February, 2002 2/18/04 -Our office received a call regarding smoking at Margaritaville A letter was sent to the establishment and the Code Enforcement Officer closed the case as "closed until further complaints for smoking are receroed" on 3/1 /04. 9/16/04 -Our offlce recelved a call regarding smoking at "Beach Margarita". The handling Code Enforcement Officer, Mary Burgan, met with Deputy Bautista who advised that he would make contact with the establishment Code Enforcement closed out the case as referred to Police Department on 11/1/04. It should be noted that during this time frame, our division may have received calls from residents regarding this establishment where the concern was not deemed a Code Enforcement matter. Those calls would have been forwarded to the appropriate department, at the time of the call, without record -" CC Trang Huynh, Budding and Safety Official % ~~ INTEROFFICE MEMO -'-~ - ~ u~TY r swx srst~waowo DATE Februa 17, 2005 PHONE i~~ ~~ FROM Paul Morrison, Sergeant Rancho Cucamonga Station ~'°' • TO Pete Ortiz, Captain Rancho Cucamonga Station SUBJECT CALLS FOR SERVICE MARGARITA BEACH (MARGARITAVILLE) Beginning January 1, 2002, the Rancho Cucamonga Police handled approximately 461 calls for service in the complex located at 9950 Foothill Blvd Approximately 234 calls for service can be directly related to Margarita Beach In 2002, 77 calls, 33 resulted in reports In 2003, 65 calls, 27 resulted in reports In 2004, 77 calls, 30 resulted in reports. In 2005, 15 calls, 3 resulted in reports Approximately 178 Additional calls for service directly related to Margarita Beach were handled m the areas surrounding the business resulting in 26 reports Total calls related to Margarita Beach, Total reports taken, Approximately 412 Approximately 119 Note Calls for service range from information calls, lost or stolen property to assault with deadly weapons and bar fights ~; ~~ C~ r1 LJ ~ ~f H E C I T V O F ANCIiO COCAMONGA Memorandum DATE February 22, 2005 TO• Brad Buller, Clty Planner FROM: Mike Bell, Deputy Flre CFy~%~~ SUBJECT Rancho Cucamonga Flre District 2004 Incident Report - 9950 Foothill Boulevard Following is the Information with respect to Flre Dlstnct calls to 9950 Foothill Boulevard Alarm Date 1/4/2004 00 03 Incident No. 0000076 Incident Tvoe Description 6610-EMS - No Care Rendered 3/20/2004 00 48 0002217 551-Assist once or other overnmental a enc 4/7/2004 02 31 0002762 611-Dis atched & cancelled en route 4/16/2004 22 42 0003076 611-DIS atched & cancelled en route 8/22/2004 00 43 0006823 611-DIS atched & cancelled en route 8/28/2004 00 49 0006977 551-Asslst once or other overnmental a enc 9/18/2004 01 53 0007657 321-EMS call, excludln vehicle accident with In u 10/16/2004 00 10 0008486 321-EMS call, excludln vehlcle accident with In u 10/16/2004 00 49 0008487 321-EMS call, excludln vehlcle accldent with In u 10/25/2004 05 02 0008767 552-Police matter 11/17/2004 01 37 0009475 321-EMS call, excludln vehlcle accldent with In u 11/24/2004 00 38 0009683 321-EMS call, excludln vehlcle accident with In u 11/25/2004 01 52 0009720 321-EMS call, excludln vehlcle accldent with In u 12/4/2004 21 59 0010001 611-DIS atched & cancelled en route Of the 14 incidents, 12 were for people Inured during altercations The other 2 were for reported overcrowding conditions, which were Investigated and found to be within code There were 7 EMS Incidents at this address In 2003 and 3 In 2002 This would Indicate a trend toward an Increase in the demand for emergency services required by this establishment Note No Incidents to date In 2005 . In addition to emergency responses the Rancho Cucamonga Flre Dlstnct Inspects this faculty on an annual basis as we do all other public assembly occupancies This establishment Is also subtect to periodic night Inspections to check for appropriate occupant loading and exiting requirements //~ i, ~~ City Council Minutes February 2, 2005 Page 8 I. CITY MANAGER'S STAFF REPORTS MOTION Moved by Alexander, seconded by Williams to continue the item to February 16, 2005 Motion tamed unanimously 4-0-1 (Michael absent) J. COUNCIL BUSINESS MOTION Moved by Alexander, seconded by Gutierrez to appoint Angela Knox, Judy Gibson, Harry Gibson and Manan Nelson Motion carried unanimously 4-0-1 (Michael absent) J2 LEGISLATIVE UPDATE (Oral) Counalmember Williams stated she and City Manager Jack Lam, met with the new Assemblyman Bill Emerson m order to share our concerns and issues for our area She stated they gave him a list of protects that need funding and also asked him to protect RDA dollars She stated he would come to City Hail for a neighborhood meeting soon K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING No items were identified for the next meeting L. PUBLIC COMMUNICATIONS L1 REQUEST FROM EDWARD SANCHEZ TO DISCUSS "MARGARITAVILLE " • ,~ ~,~ ~~ Brad Buller, City Planner, stated he would like to continue this in order for the City Councl to review the matenals that were handed out A report was presented by Counalmember Williams Cary Council Minutes February 2, 2005 Page 9 Mark Davidson, owner of Margarita Beach, formedy known as Margantaville, wanted to speak to the Council about this matter and stated one of the neighbors near his business wants his business should ne ghboro He stated they dolrespect the nghts of the neighborsnbut felt rf problemsrareset~heya good be contacted so they can correct them He stated they have spoken to Mr Sanchez in the past and that Captain Ortiz has assisted with their meetings He felt their meetings were successful `adhhon measures soethat9he customelrs do not park Ion Estac aeandethattthey have eHenspicked ~P as taken problems t He stated he hasenevergbeen orntacld by Mr Sanchez and that thehe have not been any comortunis to orrect the problems that MrhSanchez talks abouts of Mr Sanchez and would Ilke the opp tY le are dnnking, promotions that filltheir pakkmg otutHeostald he lovelrfiowas onltheu street where peop led they hol leaving trash and having sex He talked aboovided tmore nformat odn about thee meetings andthat the Captain, Rodney Hoops, and his staff He p possibility of revoking their CUP was discussed He stated Mr Davidson stated he would ave a bouncer to keep the parked cars in his parking lot and would also pick up Vash from his neighborhood Ma galritav Ile fill the kids with cheaprliquor and send them out intotlhe streetsn He feltlth senformation should be referted to the Planning Commission for review He felt the City Council should do what is the nght for them Chris Cameron, Pasito, stated she lives perpendicular to Estacia She stated shbeersbottleseanddthat • her neighborhood dnnking and then proceeding to Margantaville She stated they have had secunty monitonng the residential areas She stated they are constantly picking up something needs to be done because of these problems that occur every weekend Kim Weishan, Pasito, stated she has had kids that are drunk knocking on their door and having sex in their parked cars Marys Black stated she has had kids having sex, drinking, and urinating in their front yard She stated the Policand some hing tdo take cage of the pa king lo9overfiow prob em at Sher Bores nllot wanther kids secunty to be scared any more drunikScShe se fearful for hterdkids' safety d She stall dttherkidslare hating at b00 and 200ain the morning and that she wants this to stop She stated they had been told there would be security on Estacia and Ramona She stated she has filed reports with the Police Department and that she is tired of living this way Victona Sanchez, Estacia, presented photos (on file in the City Clerk's office) of what the ki s are roblems they have had in front of her house, but doing in front of her house She told about all the p ed with graffiti She stated she is so tired added the biggest problem was her Father's van getting tagg of this and hoped their CUP would be revoked y g vomit and trash on the streets commDented on what he finds Sundale mornines such asabroken glasshe closing of Margantaville e He did not feel th s beihaviorishouldtbe toleratedHe did not feel the Police Department is doing enough Be ghboahoiod is safe for hergrandkids and asked the Council to ctonsiderSh s realthard make sure the City Council Minutes February 2, 2005 Page 10 Rodney Trunnell, Estacia, stated everything that everybody has mentioned has occurred at his house . also He stated there was even a weapon found in front of his house He felt nothing has been done to help them from the meetings that have occurred with the Police Department Peggy Sanchez, Estacia, stated they did not call Mr Davidson every time there were problems because it would not be documented through the Police Department She did not think this was a very safe situation for her daughter She stated the Officer that responded to her house one time told her there were not enough Officers on the street to respond as quickly as they would like to She encouraged Mr Davidson to pay for better security and have a bouncer that will do something to help them Emtly LaQuay, Pines Mobile Home Park, stated she does hear the kids from the bar raang on the streets Larry Liberto, Estaaa, stated he is tired of this and can't take it any longer He stated he is tired of people unnating in front of his house He did not feel the bouncer is doing his tob He asked that they get their neighborhood back Pat Stevens, Pines Mobile Home Park, stated the noise from the kids makes her mobile home vibrate She added that Mr Davidson, the owner of Margaritaville, has been fair and has offered to help with the noise Councilmember Gutierrez stated both sides have been heard and felt the City needed the Planning Commission to analyze this for the next step He stated the City Council cares and wants to find a solution He felt Mr Davidson should be Veated fair and deserves his day in court He asked what kind of a detnment there is by having the liquor store in the same center He stated this should be looked into as well He felt this should be referred to the proper department He felt Mr Davidson would do what he could to fix the situation Mayor Alexander felt nine years is too long for these people to put up with this He felt the business should be closed until this problem is remedied, but knew the City Councl could not do this He felt the people that are wandenng the neighborhoods drunk should be arrested He stated this would be looked mto Counalmember Williams stated this would be investigated and that the liquor store monitored too so it could be brought into this discussion She suggested all the businesses should be looked at in that center L2 John Lyons commented on the restaurant grading system and did not agree with some of the problems this could be creating L3 Jim Moffit, Red Hill Coffee Shop m Rancho Cucamonga, stated some restaurants are putting their grade in the window even though it is not required He stated the Health Department comes in and gives them corrective cntiasm, and some of those comments are not related to the food He felt there was a lot to be considered before people are given a grade to put in their window He talked about the food handler's permit that restaurants are required to get He did not feel the restaurant should be given any tougher problems L4 A lady (who dtd not identify herself) thanked Mayor Alexander and Counalmember Spagnolo for their concerns and encouragement they gave people to come to the Animal Shelter Subcommittee meeting tomorrow She stated it is at 1 00 p m at City Hall ~r~ ~J City Council _ >>~_ ~~eetn Public C o~mmunlc.atlon s :: Mar~aritavlle "' C " ~9 IE PaI-ty Page 1 of 1 • IEparty is the pla[e to bey With 3 bars to choose from there is a party happening every night of the week Our three bars consist of Margarita Beach (Rancho Cucamonga), Margarita Beach (San Bernardino) and Godfather's (Chino) For directions or phone numbers to any of the bars, please click on the dvections Ilnk above or CLICK XERE Both Margarita Beach bars offer a laid bads ambiance with fantastic drink speaals and your favorite top 40 music and vkleos If you like the nightclub scene, Godfathers is the right choice for you Come check out the latest in Hlp Hap, Dance, Retro & Old Skool FO http //www Ieparty corn/web/about_us asp 1/27/2005 • J `I IE Party MARGARITA BEACH LOWERS PRICE OF DRAFT BEERS ON SUNDAY AND THURSDAYr!r Join us every Sunday night at Marqanta Beach far 5>UN> (Semce Industry Nighq Enjoy 25¢ Draft Beers from 8-10 PM Also, if you work in the Service Industry you wdl receive $2 U-Call-It drinks with proof of employment Thursday nights we now have 25¢ Drag Beers (down from SOq) from 8-10PM If you are a female, you will also receive (5) $2 U{all-It drink 6x~ / ' / http //www Ieparty coln/web/about_us asp Page 1 of 1 1 /27/2005 IE Party Page 1 of 1 • Join us every Thursday night at Margarita Beach for our Infamous Backyard BBQ and Beer Bashi Enjoy 504 Domestic Drafts from 8-lOPM along with free tacos and hot dogs We also have $2 00 Gold Tegwla shots all night longs Hosted by 96 7 KCAL Rocks with free t-shirts, CD's, hats and mores For more info call (909) 945-1644 ~~~ httn //www teparty conJ/web/dJrectfons asp 1/27/2005 IE Party Page 1 of 3 ~y t~sx R _ •-P.KS^r :. ~ 7E` c ~ ~ a ° _ ~R9Fi t3H"Ka°f 1 * 'rflj car, :~~sf ~'~ _ -_. ~ .f=~'- _ _ -} - __ f`~ ~ r y~ _ ~ 3 , __ _ _ ~ .. ..-rt _ g_ .P _ - - j fi: a-'- _ ~ - .wi .~ „ , n gOpLLT li5 ~" f ~ ~JENT rrif•Q T ~ Ef1L~.ER~J _ ~° a ECT'rCff15 ~ -sPG_A'3L15T, t-^ ~^~O~OriLOA[}_'y-~ u / , http //www teparty com/web/calendaz/events calendar asp 1/27/2005 These are our current promotions for Margarita Beach and Godfather's They will be updated as new Flyers are produced Please wart for them to load as they are large files IE Party ~r http //www ~eparty com/web/calendar/events calendar asp Page 2 of 3 1 /27/2005 IE Party =~~ ~~~ 7 ~ m ~ i ~-'. _. Page 3 of 3 ~~/~ ~ s ,~ ~ , . ~ ti ~ ~ .w. h~-....• YK IOWA Ii0 WORM OM MOtfOA7 MFAMS R 7IME 70 -lAT ON WNOA7 WA MORE Oi7Arid YIfR YS AT W W W.tEVJ1RILCOIA O / ` http //www ieparty com/web/calendar/events calendar asp 1 /27/2005 X 1 0 3 9 -The Inland Emptre's Alternative Rock Page 1 of 1 ~J If rt's a party in the I E we're these and if we're there you're there Come harg our wdh On-Air Personah6es and the X1039 LBZ XTREME l FAN. at anv one of our club nights Welcome to the party ~ m~~ llrr'~ ~'c`I~r MARGARITA BEACH BYOB Thursday nights with X 103-9 Join Steve Inman at Margarita Beach m Rancho Cucamonga (909) 945-1644 Joni Bobby Sato ai Margarita Beach m San Bernardino (9G9) 890- 9993 21 and over only No cover charges, because cover charges suck Bring Your Own Bee-aich and get 52 U-Call-Its 50 cent drafts and free taco bar tdl 10pm For more info check out v/ww ieparty coin ~'~>Z+i-Dt~.Y MARGARITA BEACH Double X-rated Friday nights with X 103-9 Join Steve Inman m San Bernardino at Margarita Beach (9G9) 890- 9993 i Join Broady in Rancho Cucamonga at Margarita Beach {309) 945- _ }.e 1644 21 and over only No cover charges, because cover charges suck S2 Sex on the beach shots all night long Give-aways from STFU Clothing and X 1039 For more info check out www ieparty coin /tP httn //x1039 com/x to publtc/club mQhts php 1/27/2005 Snapshots Club Ptcs Page 1 of 1 Club Pics 5 subalbwns and no images m this alUUm Gallery Snapsholti 4 / /~ http //www x1039 coin/gallery/Club-Ptcs I /27/2005 Album 5500 Bikmf Tuesdays @ Tvnns Changed 12/23/04 Contains 11 dems Album XX Pntlays @ Margarita Beach Changed 01/06105 Ccntams 2 dems Album Wdd Wednesdays @ Coconuts Changed 11'29/6< Contains S Hems Album 8 Y 0 B Thursdays @ Marganta Beach Changetl 12/2004 Contmns 1 dem Album Saturdays @ The Plush Bar Changetl D1i'.0~05 Contains i i ems Snapshots B YOB Thursdays ~ Margannta Beach mbeachl Yage 1 01 1 C~ ~~d http //www x1039 com/gallery/album03/mbeachl 1/27/2005 CJ Snapshots XX Fridays ~ Marganta Beach mbeach2 / /! http //www x 1039 com/gallery/album04/mbeach2 Page 1 of 1 1 /26/2005 Snapshots XX Fridays (c~ Margarita Beach mbeachl Page 1 of 1 L~ ~~~ http //www x1039 com/gallery/album04/mbeachl 1/27/2005 1, ~ / ~ •~ ~+~ __ •`~~ • 1t~ !~` ~> „-Q. jl y^ ^ v \\3\%\l\'t/ e •l J ~ { • u (ter ti~ Fy, ~}^a'~JSfi Y.iY."'Ed^'u. 2~'L' 1 ,4 34Yy~~s ~. ~' u . k s.. ^haY~s''~ nr{ ~~ `4 ~~ia~ ~ F~NgdG'. ~+I ~"~f~ef `A.. ~9 ~•» :a 1i'. i I~ ~ l a 4 ~M~55..aa~~ x~ 4kxsxy~~ } vet} ~ ~ b _ ly [„ a a' if ii'S`0 ~'~^^ [ Si'e +`Y~ -,e "1. k+aP~. yT(( ~ . ^'i fib tgf't nnX ~„P •t~~`tr ~4^7~*b k' ~~,'~~M~: '+ ~tf` >Y`• ,ti ° ~°} ~~ .y stab ~ '~ ~ ~ ~`G' d" ''~'~~ p~ ~ ~ ~ i^. Y ~`t . _ i._ ^~ ~?ice. ~ ~^~ , ~ f^ 'fit ~J_ - _ ~t"^ ~ 1 ~~ Y~3~ Ni`s~i~e~~ y T '~ •t ^Ye'~ ~ ~ i ~ ` tq~ ` ~5 T'd^ s vd ~_ ?~- 'vn ~..~04 ~ ~ ~ a X~ ~ i ter ~pY. h, "-. r, 1 ae, y',/}, e 5?~S~ .f+q»,~y~'r .'~~.° .-°;c... s. Y .. '~..uit" «?_ 5`+w' b. ~F+~54 to ~+ }r ^~^ -,~ ~ ~ ~ i rv i r ~~ ... ~ '4. ` v ~ ~ ~!' R ~~ 'ref R""` ~ ~•~. "`~ ^~4 ~ t Lu~1 Y. ~ ~ .. - `, ~• ^ u ~~ Fi ~~Y ^r,., ~' X`,.`. ~~-.'. =4~yt h+C,W ~~ ~... iAt'`-k~ort ~~~4~ y'.x ~n'i of "Kw~~, ti °. ~~'•-:'~, r".:ft°?p tx ~~ ,~*~~~irt++~Y x^ ~_~~_~`' M~ 'ne^a',a ;rvy" •v*ik~ +~>>,) h~ ,y„ A~ f,6ia ~~~ yf j ~~' °?~$' ~~~'} r S° c S. ~ v~~ J fib-} ry ~ ~~ 1 ~ ~ ~~ • ~~~"~~.~~I--m i ^~r fiY ~a h _ ~, x- _„ _ , ;~ ;~ ac +~' CITY OF RANCHO CUCAMONGA FEB 0 7 2005 To: Brad Buller, City Planne>~~ai2cho i~un~~a . CC: Mayor Bill Alexander, Council Members, City Attorney, City Manager, City Clerk, Police Chuef, Fire Chef From: Residents living on the 9700 and 9800 block of Estacia Ct, the 8000 block of Pasrto Ave, the 8000 Block of London Ave, the 8000 Block of Malvern Ave, the 8000 Block of Ramona Ave and the 9800 & 9900 Blocks of Foothill Blvd, and The Pines Mobile Home Pazk at 9999 Foothill Blvd. Date: 2/6/2005 Re: Quality of Life Issues Related to the Operation of the Baz named Margarita Beach (formerly named Margarita Ville) as discussed at City Council Meeting on Febnrary 2, 2005. At your request to Ed Sanchez on Thursday, February 3, 2005, we, the undersigned residents of Rancho Cucamonga, hereby formerly: 1. Request Ctty Staff conducts an Investtgatton of the Level of Sernces requued by the Police Dept (review any filed police reports) and the Fire Marshall for the bar now named . Mazganta Beach and formerly named Margarita Ville, which ~s located at 9950 Foothill Blvd 2. Request City Plaruung or Code Enforcement staff conducts a Review of the Conditional Use Pemut issued to Mazganta Beach/ Mazganta Ville and any other pernuts issued for the business operations 3. Request City Staffprepazes a wntten Report to present to the Planning Cornnussion, the City Council, and the concerned Residents, who mtttated this investigation, at the second Ci Council meeting m March 2005 ,~ .. ~~~ s Signatures of Residents requesting the Rancho Cucamonga City staff to conduct an investigation into Margarita Vi1leBeach. Name/Print J'~ r~ s r reds ~ ~ (-e Address E: 0 Signature CJL~~--- ~~ _-. _ ~~~3 Name/Print ~ 3g6 w Signature c-f-. ~~ ~, ~ r~~ ~~ e~ ~~y~ T-~. 1~ ~ l ~,~/~~ #-i~6 ~-4,..~ y~~ ~~~ Address /~ //~~ ~~~ //~ ~ L ~ ~/, r~o ///~ LP/~)Y / ~/7 .33 K-ll~~i/~Gf /7(~' ~ ~ ~ ~Y K e`1~~~ ~ i L LC~ ~~ ~ ~ ~(~-`3 E t~ ~~ L ~ C bCn-i~1_7'~(.r~(.L~ Name/Print Address ~n n ~ ~t=i~- a~ ~s g a~i fv~~~ i l-l ~I ~° rv ~ ~ 4YI A ,~ ~~ ~1 Signature a~R~ 1l ~ ~~~ ~~ ``~ ~~ ,f~~s9 L ~~ G~ u T 9 9 ~~ r'o o~~~ //~/~,, ~ ~ r~~er~c~ ~fi'ZO ~s ~~n-~ f2 G; ~~ ~'~s' RESOLUTION N0. 88-242 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT N0. 88-45 FOR THE SALE OF HARD LIQUOR FOR ON-SITE CONSUMPTION IN AN EXISTING 2,160 SQUARE FEET RESTAURANT ON 4.05 ACRES OF LAND IN THE RANCHO CUCAMONGA VILLAGE SHOPPING CENTER LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF. - AP N: 1077-621-34 A. Recitals. (i) Siam Garden Restaurant has filed an application for the issuance of the Conditional Use Permit No. 88-45 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application". (ii) On the 14th of December, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, i t i s hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on December 14, 1988, 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 northeast corner of Foothill Boulevard and Ramona Avenue with a street frontage of 632.22 feet and lot depth of 280.96 feet and is presently improved with a Commercial/Retail Center; and (b) The application is for the incidental sales of alcoholic beverages as menu items in conjunction with the sales of food. (c) The property to the north of the subject site is residential, the property to the south of that site consists of a mobile home park, the property to the east is commercial, and the property to the west is commercial. ,.G -~ F~~ PLANNING COhE~1ISSI0N RESOLUTION N0. 88-242 CUP 88-45 - SIAM GARDEN RESTAURANT December 14, 1988 Page 2 (d) The application comtemplates the addition of cocktails to the existing restaurant menu of oriental cuisine and beer/wine. 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 paragraph 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 Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not 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 and the Foothill Boulevard Specific Plan. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2, 3 and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. Planning Division 1. This approval shall apply to the serving of alcoholic beverages only. 2. Approval of this request shall not waive compliance with all sections of the Foothill Specific Plan, all applicable City Ordinances, Foothill Fire District requirements and Public Health codes. 3. Any modification, expansion or other change in operation will require a revision to the Conditional Use Permit. 4. All signage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. ~~~ PLANNING COMMISSION RESOLUTION N0. u~-z4z CUP 88-45 - SIAM GARDEN RESTAURANT December 14, 1988 Page 3 5. The serving of alcoholic beverages must be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 6. The serving of alcohol in conjunction with restaurant usage may operate between the hours of 11:00 a.m. and 11:00 p.m. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 1988. PLANNING COMN,IiSSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: 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 14th day of December, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MC NIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EMERICK i ~~ i RESOLUTION NO. 88-242A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 88-45 FOR THE EXPANSION OF THE RESTAURANT AND BAR FROM 2,160 TO 3,240 SQUARE FEET, MODIFICATION OF THE HOURS OF OPERATION, AND TO PERMIT LIVE ENTERTAINMENT IN CONJUNCTION WITH THE RESTAURANT AND BAR LOCATED WITHIN A COMMERCIAL CENTER IS THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A, Recitals. (i) Fred and Urai Nelson have filed an application for a modification to Conditional Use Permit No. 88-45 as described in the title of this Resolution. Hereinafter in this Resolution, the modification to the Conditional Use Permit request ie referred to ae "the application." (ii) On the 23rd day of October 1991, and continued to November 13, 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearings on October 23, 1991, and November 13, 1991, 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 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and . (b) The property to the north of the subject Bite is apartments, the property to the south of the site consists of a mobile home park, the property to the east is a commercial building, and the property to the west is a service station. ~vf / PLANNING COMMISSION RESOLUTION NO. 88-242A CUP 88-45 - SKIPPER'S BAR & GRILL November 13, 1991 Page 2 (c) The application applies to the expansion of an existing restaurant, "Siam Garden," to be renamed "Skipper's Grill and Bar," and the serving of alcoholic beverages from 11:00 p.m. to 2:00 a.m. (d) The application restaurant and bar from 2,160 to 3,240 bar, stage and dance floor. contemplates the expansion of the square feet including construction of a (e) The application proposes to conduct live entertainment, consisting of small band, disc jockey, and comedians, from 8:00 p.m. to 2:00 a.m., seven days a week. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facto set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use ie in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code and Foothill Boulevard Specific Plan. 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: Conditions• 1) The serving of alcoholic beverages moat be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 2) The serving of alcohol in conjunction with restaurant usage may operate between the hours of 11:00 a.m. and 2:00 a.m. 3) All doors shall remain closed during entertainment for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to 2:00 a.m. / ..N ~~ ~_J PLANNING COMMISSION RESOLUTION NO. 88-242A CUP 88-45 - SKIPPER'S BAR 6 GRILL November 13, 1991 . Page 3 4) All customers shall use the front (south) entrance/exit, and use of the rear (north) , parking lot shall be limited to employees. 5) All entertainment activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. to 10:00 p.m. 6) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard specific Plan, all applicable City Ordinances, Foothill Fire District requirements, and Public Health codes. 7) Any modification, expansion, or other change in operation will require a revision to the Conditional Use Permit. 8) All signage shall be designed in conformance with the Comprehensive Sign Ordinance and . applicable Uniform Sign Program and shall require review and approval by the Planning Division. 9) The dance floor maximum square footage shall not exceed 150 square feet. 10) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. il) Occupancy of the facLlity shall not commence until such time as all Uniform Building Code and Uniform Fire Code 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. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. ~3/ PLANNING COMMISSION RESOLUTION NO. 88-242A CUP 88-45 - SKIPPER'S BAR & GRILL November 13, 1991 Page 4 u APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 1991. PLANNING COMt~SSZON OF THE CITY OF RANCHO CUCAMONGA // a ~ r (1 McKie ATTEST: 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 13th day of November 1991, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY CHITIEA, VALLETTE NONE i ~3a RESOLUTION NO. 91-184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 91-03 TO OPERATE AND CONDUCT LIVE ENTERTAINMENT AND DANCING FOR SRZPPER'S GRILL AND BAR LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & 5, WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A. Recitals. (i) Fred and Urai Nelson has filed application for the issuance of Entertainment Permit No. 91-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to ae "the application." (ii) On the 23rd of October 1991, and continued to November 13, 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. g. 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 October 23, 1991, and November 13, 1991, 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 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and (b) The property to the north of the subject site is apartments, the property to the south of the site consists of a mobile home park, the property to the east is a commercial building, and the property to the west is a service station. ~ `~ ~3~3 PLANNING COMMISSION RESOLUTION NO. EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 2 (c) Skipper's Grill & Bar is a full service restaurant serving alcoholic beverages. The proposed entertainment will be conducted indoors, Sunday through Saturday from 8:00 p.m. to 2:00 a.m. 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 conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare; and (b) That the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner; and (c) That the applicant has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding ten years; and (d) That granting the application would not create a public nuisance; and (e) That the normal operation of the premises would not interfere with the peace and quiet of the surrounding residential uses and the community commercial center; and (f) The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: Conditions• 1) This approval is for small bands or individual musicians. 2) Dancing is permitted on a dance floor area which shall not exceed 150 square feet. 3) If the operation of this Entertainment Permit causes any adverse effects upon adjacent businesses or operations or residential uses, the Entertainment Permit shall be brought before the Planning Commission for the consideration and possible suspension or revocation of the permit. ~~~ PLANNING COMMISSION RESOLUTION NO. 91-184 EP NO. 91-03/SRIPPERS GRILL & BAR November 13, 1991 Page 3 4) All doors shall remain closed when entertainment is being conducted for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to 2:00 a.m. 5) Hours of operation of the entertainment use shall be limited to Sunday through Saturday, from 8:00 p.m. to 2:00 a.m. 6) Entertainment shall be conducted inside the building. 7) The Entertainment Permit shall not commence until such time as all Uniform Building code and State Fire Marshall's regulations have been complied with. Plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division for review and approval prior to commencement of any entertainment activity. 8) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees. 9) All entertainment activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. to 10:00 p.m. 10) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan, all applicable City Ordinances, Foothill Fire District requirements, and Public Health codes. 11) Any modification, expansion, or other change in operation will require a revision to the Conditional Use Permit. 12) All aignage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. F~~ PLANNING COMMISSION RESOLUTION NO. 91-184 EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 4 APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 1991. PLANNING COMMI ION OF THE CITY O RANCHO CUCAMONGA .~ -~ ~ ~~n BY: ATTEST: Chairman 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 13th day of November 1991, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY CHITIEA, VALLETTE NONE ~~w RESOLUTION NO. 94-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-01, A REQUEST TO SELL DISTILLED SPIRITS IN ADDITION TO'BEER AND WINE WITHIN AN EXISTING CONVENIENCE STORE OF 2,124 SQUARE FEET IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE, AND MAKING FINDINGS ZN SUPPORT THEREOF - APN: 1077-621-34. A. Recitals. 1. Deeb Deeb has filed an application for the issuance of Conditional Uee Permit No. 94-01, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Uee Permit request is referred to ae "the application." 2. On the 9th day of February 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 February 9, 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 northeast corner of Foothill Boulevard and Ramona Avenue with a street frontage of approximately 632 feet and lot depth of 278 feet and ie presently improved with a retail commercial center and curb and gutter along Foothill Boulevard and Ramona Avenue; and b. The property to the north of the site is an existing residential condominium project, the property to the south is an existing mobile home park, the property to the east is an existing restaurant and the property to the west is an existing automotive service station; and ~. „ F..3~ PLANNING COMMISSION RESOLUTION NO. 94-07 CUP 94-01 - DEEB February 9, 1994 Page 2 c. The applicant is proposing to modify their existing Alcoholic Beverage Control License to include the sale of distilled spirits in addition to their existing beer and wine license. The sale of hard liquor requires approval of a Conditional Uee Permit in the Community Commercial District of the Foothill Boulevard Specific Plan; and d. All other business activities will remain unchanged except an additional employee will be added to all shifts. e. The application applies to property which presently has window signs covering more than 30 percent of the window area, contrary to the City's Sign Ordinance (RCMC 14.16.O10.Q). 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 ae follows: a. That the proposed use is in accord with the General Plan, the objectives of the Development Code, the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located. 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 and Foothill Boulevard Specific Plan. 4. Pursuant to the State CEQA Guidelines, it has been determined that the proposed project does not have the potential for causing a significant effect on the environment. The project has been determined to be exempt from CEQA pursuant to Section 16061(b)(3). The Planning Commission, having final approval over this project, has reviewed and considered this exemption 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: Planning Division 1) Approval is granted for the addition of the ancillary sale of distilled spirits at this location. 2) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan and all other City ordinances . / ~v PLANNING COMMISSION RESOLUTION NO. 94-07 CUP 94-01 - DEEH February 9, 1994 Page 3 3) Zf operation of the facility causes adverse effects upon adjacent residential development or the shopping center or other uses, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 4) The use shall be limited to the current hours of operation (9 a.m. to 11 p.m. Monday through Thursday, 9:00 a.m. to midnight Friday and Saturday, and 9 a.m. to 10 p.m. on Sunday). Any proposed change to these hours shall require a modification to this application. 5) All signs, particularly temporary signs, shall be brought into conformance with the City of Rancho Cucamonga Sign Ordinance within 30 days or prior to commencement of sale of distilled spirits, whichever comes first. 6) The wood panel adjacent to the west windows shall be relocated within the store or removed within 30 days or prior to commencement of sale of diet111ed spirits, whichever occurs first. • 7) A view-obscuring film shall be applied to the west elevation window by the storage area to screen the storage area from public view to the satisfaction of the City Planner prior to commencement of the sale of distilled spirits or within 120 days, whichever occurs first. 8) The distilled spirit display area shall be limited to the area shown on the conceptual floor plan, per the attached exhibit. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. AY OF FEBRUARY 1994. O CUCAMONGA • f39 PLANNING COMMISSION RESOLUTION NO. 94-07 CUP 94-01 - DEEB February 9, 1994 Page 4 Z, 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 9th day of February 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~~v SiA TE OF CALIFORNIA DEFAR7MENTOP ALCOHOLIC BEVERAGE CONTROL •nrr~r•n nsr DIAGRAM OF LICENSED PREMISE'. srsynnnFSS (srr.•rp fQ61 rrrc vF .-^_~ ~Q950gFootht 1L.BLVdTRansho C,itLamnno_a __ -_ 2i ---- --- TTi? DtaQr-am haloes is a try anct mrr~eet dc~srriDhicn of the entrance9, exit9, interior ~m119 aril ~cterior borr~ari~ of tFw prenises fn be licensed, LrludiTlg dimaisiar~. _ L DIAGRAM Back Door v Store Rest I Store ~ Storage Roon Room 1 ° ..a N Walk in Cooler ,i Beer, (dine, Soft Drinks G M 3+ b C O~ V'1 • ~WI Sales floor with shelving v w w 0 U Cash Register /~ i It is hereby declarrd that the above-described boinclar'ies, entrances and plamecl operation (as irrii'aFPi m ~1ro rovq vide), will rat be diarged without first ratifyirlq and securing prior written approval of the Departrn°nt of Alcr+r'~11• FTeverage Lbntrol. I declare uTder p~alty of per,~uy that the foreECOirg is true and ~rrect. Daly !1 1•iUnF --- A B C Riverside, CA. DEEB I. DEER _ _ •C lrGM•rVnE DEPARTMENT vse mlr. imp~clrrd en Cerrrhad co.acr __ _ AA"r257-B (121) l._J Letters Received From Neighboring Residents Distributed Under Separate Cover EXHIBIT "K" ~~~ _, TO PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA FROM EDSANCHEZ 9869 ESTACIA CT RANCHO CUCAMONGA, CA 91730 DATE 02/27/05 CITY OF RANCHO CUCAMONGA 1~IAR 012005 RECEIV~O -PLANNING Re QUALITY OF LIFE ISSUES RELATED TO THE OPERATION OF BAR NAMED MARGARITA BEACH (FORMERLY NAMED MARGARITA VILLE) A BAR WAS ESTABLISHED IN THE SHOPPING CENTER ON THE NORTH EAST CORNER AT FOOTHILL AND RAMONA THE ORIGINAL BAR WAS CALLED SKIPPERS SKIPPERS WAS A BAR RESTAURANT COMBO, THIS WAS A SMALL OPERATION THAT FIT INTO THE NEIGHBORHOOD IN OTHER WORDS NOT CREATING PROBLEMS IN THE SURROUNDING AREA EVENTUALLY SKIPPER SOLD HIS BUSINESS THE SAME TIME NOTICES WERE MAILED TO RESIDENTS WITHIN A CERTAIN DISTANCE STATING THAT A NEW BAR WOULD BE ESTABLISHED AT THE SAME LOCATION AT THE TIME OF RECEIVING MY NOTICE, I ASSUMED NEW OWNER, SAME TYPE OF OPERATION BOY WAS I WRONG WHAT WE GOT WAS MARGARITA VILLE THE WORST TYPE OF BAR OPERATION IN CLOSE PROXIMITY TO RESIDENTS THEY HOLD PROMOTIONS THAT FILL THEIR PARKING LOT WITH THE OVERFLOW OF THEIR PATRONS PARKING IN FRONT OF OUR HOMES NOT ONLY ARE THERE CARS AND PEOPLE BUT SOME OF THESE PEOPLE BRING ICE CHESTS SO RIGHT IN FRONT OF OUR HOMES THERE IS PUBLIC DRINKING, PUBLIC URINATION SEVERAL YEARS AGO I PLACED A CALL TO MAYOR ALEXANDER ABOUT MY CONCERNS, AND DID GET A CALL BACK FROM CAPT RODNEY HOOPS UPON MY RELATING, THE CONDITION WE WERE LIVING UNDER CAPT HOOPS COORDINATED A MEETING WITH MARGARITA NIECE'S OWNER AND MANAGER, TWO OF MY NEIGHBORS AND ME THE MEETING HELD IN HIS OFFICE WITH LT NELSON IN ATTENDANCE AT THAT MEETING I TOLD MARK DAVIDSON, MARGARITA VILLE OWNER, THAT WHEN HIS BUSINESS BECOMES MY BUSINESS WE HAVE A PROBLEM IN OTHER WORDS WHEN HIS BUSINESS OVER FLOWS INTO MY NEIGHBORHOOD WE HAVE A PROBLEM w k ,. F Cx~i~ it .. AT THIS MEETING, DAVIDSON DENIED HAVING ANY PROMOTIONS AT HlS FACILITY DURING THiS MEETING, DAVIDSON WAS TOLD THAT IF HIS BUSINESS COULD NOT BE CONFINED TO HIS PROPERTY IT WAS POSSIBLE A REVIEW COULD BE INITIATED OF HIS CONDITIONAL USE PERMIT HE WAS TOLD ABOUT A PROBLEM BAR CALLED THE BOARS HEAD WHICH WAS EVENTUALLY CLOSED BECAUSE OF THEIR CONDITIONAL USE PERMIT BEING REVOKED DAVIDSON AGREED TO POST A BOUNCER OUT AT THE END OF THE PARKING LOT THIS PERSONS RESPONSIBILITY WAS TO SEND ANY PATRON OF THEIRS, CROSSING THE STREET FROM OUR NEIGHBORHOOD, TO GO BACK AND RETRIEVE THEIR CARS AND PARK IN THEIR LOT HE AGREED TO ALSO HAVE HIS STAFF WALK THRU THE NEIGHBORHOOD AND PICK UP TRASH (BEER BOTTLES AND CANS) DAVIDSON HAS NEVER REALLY LIVED UP TO THIS AGREEMENT THINGS WOULD BE OK FOR A WHILE HOWEVER, HE WOULD HAVE ANOTHER PROMOTION AND WE WOULD HAVE PROBLEMS IN THE NEIGHBORHOOD AGAIN UPON THE PROMOTION OF CAPT HOOPS, 1 CALLED CAPT ORTIZ TO SET UP AN OTHER MEETING THIS MEETING WAS ATTENDED BY CAPT ORTIZ, MARGARITA MLLE OWNER MARK DAVIDSON, TWO INDIVIDUALS REPRESENTING THE MOBILE HOME PARK, IN ADDITION, SEVERAL REPRESENTING MY NEIGHBORHOOD FOR ME THE PURPOSE OF THIS MEETING WAS TO INFORM THE INCOMING CAPT OF THE CONCERNS OF INDIVIDUALS IN THE NEIGHBORHOOD, AND EMPHASIZED THE AGREEMENT PREVIOUSLY ESTABLISHED ON FRIDAY JANUARY 14, 2005 ANOTHER PROMOTION AT MARGARITA MLLE NO BOUNCER, PLENTY OF THEIR PATRONS/CARS IN MY NEIGHBORHOOD AT 2 OOAM JANUARY I5, I GET A PHONE CALL FROM MY NEIGHBOR UP THE STREET HE TELLS ME HE SAW SOMEONE SPRAYING GRAFFITI ON THE SIDE OF ONE OF MY VEHICLES I WAS ABLE TO REMOVE THE GRAFFITI THE FOLLOWING DAY WITH THE OVER FLOW OF MARGARITA MLLE PATRONS IN THE NEIGHBORHOOD, SOMETHING LIKE THIS WAS BOUND TO HAPPEN THIS BUSINESS HAS ALWAYS BEEN A BAD NEIGHBOR THEIR ONLY CONCERN IS THEIR BUSINESS (PROFITS) THEY COULD CARE LESS ABOUT HOW THEIR BUSINESS AFFECTS THE QUALITY OF LIFE OF THEIR NEIGHBORS ENCLOSED ARE PACKETS OF MATERIAL DOWN LOADED OFF THE INTERNET THE FIRST WEB SITES IS W W W IEPARTY COM I CANNOT TELL YOU WHO THE OWNER OF THIS WEB SITE IS TAKE NOTE OF THE DRINK SPECIALS $2 00 U-CALL IT 25-CENT DRAFT BEERS BACKYARDBBQ 50-CENT DRAFTS $2 00 GOLD TEQUILA SHOTS SPONSORED BY RADIO STATION 96 7 KCAL THE OTHER WEB SITE IS W W W, X 103 9 COM OWNED BY THE RADIO STATION AS YOU CAN SEE, THERE IS A NETWORK FOR THESE TYPES OF BARS WITH TWO OF THEM IN RANCHO CUCAMONGA WHAT THESE BARS PROMOTE IS A PARTY ATMOSPHERE WHERE BEER AND LIQUOR ARE CHEAP FOR $10 00 TO $20 00, THEY WILL PLY THESE YOUNG ADULTS WITH CHEAP BOOZE THEN CUT THEM LOOSE INTO THE STREETS OF OUR CITY I HAVE PERSONALLY HAVE SEE THE RESULTS OF THEIR DRUNK PATRONS LEAVING THEIR PARKING LOT AND PLAYING BUMPER CARS (SIDE SWIPING PARKED CARS) AS THEY TRAVEL NORTH ON RAMONA AVE DURING THE FEBRUARY 2 COUNCIL MEETING MARK DAVIDSON BOASTED ABOUT $I 7 MILLION DOLLARS IN GROSS INCOME FROM HIS BAR, WITH OVER $200,000 00 IN TAXES PAID TO THE CITY IN BUSINESS TAXES $I 7 MILLION IN CHEEP BOOZE, IS THAT SOMETHING TO BE PROUD OFD MY OPINION OF THIS BUSINESS IS THAT IT IS A SLEAZE BUSINESS WITH NO, VALUE TO THE COMMUNITY OTHER THAN TAXES TO THE CITIES GENERAL FUND IS THIS TYPE OF BUSINESS THAT RANCHO CUCAMONGA WANTS IN THEIR CITY I DO NOT THINK SO THE PLANNING COMMISSION MAY FIND MARGARITA BEACH IN COMPLIANCE OF ALL THEIR PERMITS REQUIREMENTS HOWEVER, THERE IS ONE QUESTION THIS PANEL MUST DECIDE IS THIS BUSINESS COMPATIBLE WITH SURROUNDING RESIDENCE ON MARCH 9, THE PLANNING COMMISSION WILL HEAR MY NEIGHBORS TELL THEIR INDIVIDUAL STORIES OF HOW THIS BUSINESS HAS AFFECTED THEIR LIVES THIS COMMISSION WILL HAVE TO DECIDE, IS MAINTAINING A HIGH QUALITY OF LIFE A PRIORITY OF CITY OFFICIALS PLEASE DO WHAT IS RIGHT FOR US J IE Party IEparty is the place to bey With 3 bars to choose from there is a party happening every night of the week Our three bars consist of Margarita Beach (Rancho Cucamonga), Margarita Beach (San Bernardino) and Godfathers (Chino) For duechons or phone numbers to any of the bars, please click on the directions link above or CLICK HERE Both Marganta Beach bars offer a laid back ambiance with fantastic dnnk speaals and your favorite top 40 music and rodeos If you like the nightclub scene, Godfather's is the right choice for you Come check out the latest in Hip Hop, Dance, Retro & Old Skool i.._ u______.____.1_. ____r_ _~_i., Page 1 of 1 IE Party MARGARITA BEACH LOWERS PRICE OF DRAFT BEERS ON SUNDAY AND THURSDAY~!~ loin us every Sunday night at Marganta Beach for S>I>N> (Servce Industry Night) Enjoy 254 Drag Beers from 8-10 PM Also, rf you work m the Service Industry you will receive $Z U-Call-It dnnks with proof of employment Thursday nights we now have 25¢ Draft Beers (down from 50¢) from 8-lOPM If you are a female, you will also reserve (S) $Z U-Call-It drank hx~ http //www Ieparty com/web/about us asp Page 1 of 1 1 /27/2005 IE Parry Join us every Thursday night at Margarita Beach for our infamous Backyard BBQ and Beer Bashi EnJoy 60Q Domestic Draftr from 8-lOPM along with free tacos and hat tlogs We also have $2 00 Gold Tequda shotr all night longs Hosted by 96 7 KCAL Rocks with free t-shirts, CD's, hats and morel For more info call (909) 945-1644 Page 1 of 1 IE Party Page 1 of 3 http //www teparty com/web/calendar/events_calendar asp 1 /27/2005 These are our current promotions for Margarita Beach and Godfather's They will be updated as new Flyers are produced Please wait for them to load as they are large files J IE Parry Page 2 of 3 IE Party lYIMC iNN 117[Y 11ND QFiL1YE AtE[ lDM1SS70M K f IM! WR 1160 D[IMLS VtSRVE1T WVNLIlYARflCWM Q~~v~ http //www ~eparty com/web/calendar/events calendar asp Page 3 of 3 ~ iOC MOtH OCi1U1S YKtI USa WWYIIY .~ 1/27/2005 ~~ ~ 1 i 1 ff~~~~ll m ~oraa X 1 0 3 9 -The Inland Empire's Alternative Rock Page 1 of 1 T : utr°~+D~- MARGARITA BEACH ~„ BYOB Thursday niyhts wdh X 103-9 Join Steve Inman at Margarita Beach m Rancho Cucamonga (909) r 945-1644 Join Bobby Sato at Margarita Beach m San Bernardmo (909) 890- _ , ~ 9993 21 and over only No cover charges, because cover charges suck Bring Your Own Bee-aich and get $2 U-Call-Its 50 cent drafts and free taco bar till tOpm For more info check out www ieparty corn ~'K+ID1:~Y MARGARITA BEACH Double X-rated Friday mghfs wrth X 103-9 Join Steve Inman m San Bernardmo at Margarita Beach (909) 890. 9993 ~ Join Broady m Rancho Cucamonga at Margarita Beach (909) 945- ' 1644 21 and over only No cover charges, because cover charges suck $2 Sex on the beach shots all night long Grve-sways from STFU Clothing and X 1039 For more info check out www ieparty corn Lu~ 16.1 n9n ____ /_. __ .__t ~. _ i i i . . On Air Personahbes and the X1039 I BZ XTREMF l FAM at any one of our club myhts Welcome to the party Snapshots Club Ptcs Page 1 of 1 Club Pics 5 subalbums and no imagos in this album Gallery Snapshots 4 http //www x1039 corn/gallery/Club-Ptcs 1/27/2005 Album 5500 B~kim Tuesdays @ Twins Changed 12/23!04 %ontams 11 dems Album %% Fridays @ Margarita Beach Changed 01l06t05 Contains 2 dems Album Wdd Wednesdays @ Coconuts Changed 11 ~29I04 Contains 8 hems Album BYO B Thursdays @ Margarita Beach Changetl 12/20/04 Contains 1 dem Album Saturdays @ The Plush Bar Changed 01l10~05 Contains 7 dems Snapshots BYOB Thursdays ~a, Marganta Beach mbeachl Page 1 of I htYn //unznv v 1 l120 rnm/nal lAn,/all,,,,,, l1'] /....t_,,,.,.t ~ Snapshots XX Fndays ~ Margarita Beach mbeach2 Page 1 of 1 J http //www x 1039 com/gallery/albwn04/mbeach2 1/26/2005 Snapshots XX Fndays (cry, Marganta Beach mbeachl Page I of 1 J J 1.«_ //.. _. _.. _.i non __.__i__n ____i.n .... .1 I ~} ¢~ ~~ f`l~ f~ \^ F' .~ ~~ ~c Y ~~ ;i _, ~/`~ / f ~\ ~I ~~ V Jl \ ~. : ti~ ~~ } ~ ,~~~ , ! 1 ~ .~ p t m S 1. ~+s u V r' J ,rr py i 1 jl. ?~ . kr v'dl _ }'1p' '~ k1 ~~ . , ? ~ ]o ~ ~ ", _ ,. f P 3 ff A ~ Y F ' ~~ ~~~~~ii M ~'._ ~. i - " - - ~ ~ C O z- 2 8-OS - ~ D : ~ L /9" /'/ //~~ rl O /Y(.,.,-~ { 5 5 l ova ~ Y '~ ~ RA C ` ~~ o F ~ ~,,~,~~ o PLC ~ ~,,, o~-r~ ~,L; . NCHO CUCAMONG Hi, my name is Victoria Sanchez ~'~~ 4 12005 I am 20 rs old and have~es ° at 9869 Estacia ct. Rancho~~!~ r,-~~ Y `' " ~l.ANNING Cucamonga since 1984. Margaritaville has been our neighbor since 1996, when I was in sixth grade. If you do the math its been about 9yrs. It has been miserable. My life has been affected by the establishment so much that I have had to change room, and park my car off the street in fear of something happening to it. No one should ever have to deal with that. One of my first major encounters with Margaritaville was when they were putting on a super bowl promotion and there flyers that litter our neighborhood, my dad collected them and that was when he contacted the Mayer. I was about 14 yrs old another situation that forced me to move from the front facing bedroom to the back bedroom, was when a couple different weekend there would be people drinking outside my front yard and they would make so much noise that it would keep me up and peaking out the window to see what they were doing. I started working at the age of 16. I would normally get off work at 10. One night I had just walked in my house when I hear load bagging at my door. It was a Hispanic man and didn't recognize him, I opened the front door, we have a security door too. I saw the bouncer sanding on the sidewalk at the end of my drive way. The guy asked me why he could not park on this public street. He had told me that the bouncer had told him that my dad a city council member had the city tell magartitaville to not let any one going to the bar to park on the street... as you all know my dad is not a city council member. I explained to the man that the reason why the bouncer said that he could not park on the street was because of the nuisance of the bar... having people drinking in the yard and when last calla 2 pm the noise and the noise of drunk people leaving the bar. I asked him if he would like it if I parked in his front yard, drank, urinated, and left my trash in his yard. He said that he would not like that at all. He apologized for disturbing me that night and parked somewhere else. Just a month ago there was a blue dodge pick up truck parked in front of my house his tail gate was down and in front of my drive way. I had to park my car, put up their tailgate and then park my car I parked my car, and notice my dad truck was parked on the street I moved my moms car so that all three of our cars could fit in the drive way after all that I was considering calling the police until I saw movement in the truck. I approached the vehicle and knocked on the window two guys were hanging out drinking out of a bottle of Jose Cuervo. I told them to move there truck and drink somewhere else. They apologized and kept calling me maim During the summer our widows are opened, when the last call comes at 2pm the noise of people leaving the bar, girls screaming, guy/ girls fighting, cussing, and yelling wake everyone in our house up. And It sucks I have called the police numerous times. The last time we called two weeks ago, was for the vandalism of my fathers vehicle. When the bar patrons were leaving our neighborhood it reminds me of cockroach's running when you turn the lights on. Most of our neighbors where standing out side there houses. From the time, we called to the time the police came was 45minutes, there is something wrong with that but that will have to be discussed at another meeting. The officer stated that there were maybe five or 6 police for the whole entire city of what 130 thousand people. That doesn't make me sleep easy. ` ~ . With a that I have told you I hope that this will bring you to decided to review the conditional use permit that magaritaville has. I am really tired of dealing with this. Please do some thing to help me and my neighbors have a better quality o~f life. ,l/~/ wcvd~' ~ J ~o ~- n~- S /f~,i4~ C! 0. ~ ~' ~ l ~ ~ ~ G Date February 28. ?005 T~ot~Plamm~g Commission City of Rancho Cucamonga From Peggy Sanchez 9869 Estacta Ct Rancho Cucamonga, CA 91730 C/ry ~FgA~U~NG cUrAM~N BAR ~ 1200 qA '~Frr~f •~,.. - ,?~q~~N~Nq RE Margarita Beach (formerly Margarita Ville) owned by Mark Davidson This letter is for the purpose of expressing my concerns about the affect of the bar now named Margarita Beach, formerly named Margarita Ville, on my neighborhood I have lived m my home for the last 20 nears My husband, Edward, and I have one daughter, Victoria who has hued here since the age of one I am frustrated and tired of the bar patrons from Margarita Ville/ Beach disturbing the peace, drinking m their cars m front of our house. and leaving beer and liquor on our lawn and m the street since this has been a regular nuisance for at least the last seven years In December ?003, I had an alarm system installed because 1 no longer felt that our home was safe at night, especially for our daughter to come home late at night from work with strangers constantly parking and drinking in front of our house or our neighbor's houses Even though Mr Davidson always professes that he wants to tix these problems, his efforts to hire security has always been For a short time and merely to appease the mayor complainers, like my husband and daughter so he can continue to get back to his main goal of making more money The bottom line is that this type of business, a bar with mainly evening hours from 6 pm to tam, which attracts young people who want to drink and party by promoting cheap drinks and music from radio stations like X103 9, does not belong m an area surrounded by residential housing The residents off Estacia Ct and Pastto Ave, the residents at the condos off Ramona, the residents at the Pines Mobile Home Park on Foothill Blvd across the street and even residents off Ramona behind the shopping center are all affected by disturbances of the peace from these bar patrons Thus, I appeal to you to review the CUP the police reports filed and the zoning to seriously consider the fact that this type of business does not belong m its current location I would recommend a move of this business to anon-residential area ie an industrial complex CI7y OF RA~y'CHO GUCAiV10NGA February 24, 2005 The City of Rancho Cucamonga 10500 Civic Center Dnve Rancho Cucamonga, Ca 91730 ~aR p i 2005 Attn City Plamm~g Division Re Mazganta Beach - Condihonal Use Penmt 88-45 Modificarion Entertainment Penrut 91-03 for To whom It may concern I have lived in the city Rancho Cucamonga for 6 years now. I bought my home on a small, quiet cul de sac so my kids would have a safe place to live and play Well that doesn't seem to be the case anymore For about the last three or four yeazs the quiet mghts, weekend mghts especially, have slowly dissipated There is a mghtclub /bar at the corner of our neighborhood, "Mazganta Beach" formerly known as "Mazgantaville" The streets in our neighborhood (at night) have become the overflow pazking lot for Mazganta Beach With the excessive cazs, comes the excessive amount of traffic going to and from Mazganta Beach The patrons pazk their cazs in front of our houses, and walls When they return at 1:30 AM more often then not they are drunk The street at that point becomes the after hours party. Dunng which I have expenenced extreme noise, dnmks uruiating and regurgitating on my lawn and in my planters, and I have been witness to them having sex in their cars in front of my house. There have been drunks dnving radically, and stunt dnving where they are doing "donuts" m the curve of my street. The most extreme experience I have had with Mazgantaville patrons was an attempted break in to my house by a man who was so drunk, he did not know where he was After attempting to come through my front door and throwing up m my planter, this person went through my back gate and teed to enter my house through the shdmg glass door When he was unsuccessful there, he went through my back yazd and hopped the fence that is dust under my son's bedroom window into an adjacent neighbors back yard I have dogs, which happened to be m doors that night. I ask myself, and you, what could have and would have happened to that man had my dogs been outside when he entered my yazd~ I wonder, as should you what kind of liability would I have been held accountable to had my dogs had their way with that man that nighty Would the owner of Margantaville, Mark Davidson, have bared the burden of that lawsmt~ As do most people, I own dogs for a reason They are there to do a~ob protecting their family, and I can assure you that night, they would have done the~r~ob The next morning, after filing a report with the pohce departrnent I found out from the same neighbor that she had called the pohce the night before on the same man The pohce drove him home and thanked lion for not dnving drunk To this day, I have no knowledge of any charges being brought against this man for lus actions I have given but a few examples of the hardships and poor quality of life we endure living so close to such an establishment On top of all thus, the lack of pohce response to our calls for assistance doesn't help matters either We have had few reports filed for the many complaints called m and made on the abovemenhoned acrivihes Feeling alone and helpless ow neighborhood has come together to speak out in more ways than one We have organized a "Neighborhood Watch" in which we have also had little support from the pohce department Whuch is how we have come to the point we are at. We neighbors of Margantaville find ourselves pleading with you the city officials to enforce the laws We beg of you to protect our families, and give us back our neighborhood. This is not the "lifestyle" I had in mind for my farmly upon moving into this gniet city of Rancho Cucamonga. Thank you in advance for any and all help you can provide to resolve this matter If you have any questtons or comment, please feel free to contact me via correspondence at my home address 8016 Pastor Ave ,Rancho Cucamonga, CA 91730 Otherwise, I can be reached via my cell phone (909)730-9425 Sincerely, Vic1u Scunone clTV o~ ~~~IC~io cuca~noNGa ozizsios Plapmng Commission R'egazding: Mazganta Beach +~ 0 ? 2005 This letter in follow with my statement that I made to the city council is to state my concerned for our community. I have been a resident of Rancho Cucamonga since 1999 and over the yeazs my concerns have grown, I have cazs pazked in front of my house, drinking, having sex, damaging property, and loitering. When the morning comes I'm out there pick up trash, beer cans and even washing down the walkways because of urine or vomit. I have eyed witnessed cars driving up and down or street screaming and yelling waking everyone up The lasts incident my husband called the police, a white Ford Explorer sitting in front of our house being loud and partying woke up our two young daughters scazed from the noise As we sat at the front window wartmg for the police to amve about 1 40am, more and more people started coming up and down our street, then a white four door caz stopped at our neighbors house got out of hrs car and started the spray paint on there trailer. My husband then opened the door and yelled at the person "what do you think your doing." I'm scazed for my safety and the safety of my krds People out at lam or tam dnnking, whose to tell what they aze capable of doing. This all stems from Margarita Beach, the over flow of cazs, the people continuing to party after hours, is not exactable. I would like to feel some secunty for my family and neighbors I think Mazganta Beach needs to change locations, to a more industrial azea. This business is disturbing to many lives. Thank you for your time and efforts on this matter. Sic ely ~I ~ ~~~~~CZ' - M a lack J CITY Of HANCIIO CUCAPnuti ~ur+ I,~ag O l 2005 TO, PLANNING DIVISION CITY OF RANCHO CUCAMONGA RF~,r_~~I~^ -PLANNING 1, REFERENCE REVIEW OF CONDITONAL USE PERMIT FOR MARGARITA BEACH NIGHTCLUB LOCATED AT 9950 FOOTHILL BLVD. R.C . I HAVE RESIDED AT 9870 ESTACIA CT. IN RANCHO CUCAMONGA FOR OVER 20 YEARS NOW AND FOR THE PAST 5 YEARS I HAVE BEEN TOLERATING THE ABUSE OF'CHE BUSINESS "MARGARITA BEACH" FORMALLY KNOWN AS MARGARITAVILLE EVERY FRIDAY ,SATURDAY NIGHT BETWEEN THE HOURS OF IOPM AND 3AM OUR NEIGHBORHOOD IS INVADED BY THE PATRONS OF THIS FACILITY NOT ONLY ARE THE OVERWHELMING NUMBERS OF CARS PARKING ON OUR STREET A PROBLEM.BUT THE GROUPS OF PEOPLE THAT COME WITH THEM. THE EMPTY BOTTLES OF BEERWINE OR WHATEVER THEY DRINK ENDS UP ON MY PROPERTY AND THE OTHER HOMES IN OUR NEIGHBORHOOD.. ALONG WITH THE TRASH COMES THE URINATION AND PARTYING IN FRONT OF MY HOUSE. I HAVE CAUGHT SEVERAL MEN AND EVEN WOMEN DOING THERE DEED. THEY USUALLY ARE ALARMED WHEN APPROACHED BUT COULD CARE LESS AND GO ABOUT THERE BUSINESS. DURING THE PAST 3 WEEKS THEY HAVE POSTED SECURITY GUARDS AT THE END OF OUR STREET THIS HELPS A LITTLE BUT THEY ARE TOLD THEY CAN'T PARK THERE AFTER THEY HAVE PARKED AND WALKING TO THE NIGHTCLUB. THEY USUALLY GET ANGERED AND I HAVE EVEN SEEN THEM VERBALLY ARGUING WITH THE GUARDS THE POLICE CAN'T DO ANYTHING UNLESS THEY ARE CAUGHT IN THE ACT DOING SOMETHING AND WON'T STOP THEM FROM PARKING ON OUR STREET BECAUSE IT NOT ILLEGAL TO PARK THERE. PLEASE CONSIDER THE REVIEW OF THE OPERATING PERMIT FOR THIS ESTABLISHMENT. THIS BUSINESS DOES NOT BELONG IN OUR NEIGHBORHOOD AND WE HAVE BEEN ABUSED FOR TOO LONG THEY NEED TO BE MOVED TO AN INDUSTRIAL AREA OUT OF OUR FAMILY ORIENTATED STREET. L~-,Z,~ L,,~G-? q~-7,,~ E~~-~-, A c~ 7G~u+v ~' c.~a-c~ a ~t1 ~ji73J March I, 2005 i JtmOlson r~,;p it _ ~'~~~ 4$0~ Estacta Court Rancho Cucamonga CA 91730 "Z ;'t ' - ~,?l~~i~~r To Rancho Cucamonga Planning Commtsston Re Condmonal Use Permu for Mark llavtdson's Margantawlle/Margarha Beach To Whom It May Concern [ am a twenty year resident of the city of Rancho Cucamonga My wife and I purchased our home m 1985 and have Itved at the same address for those twenty years In recent years, the quality of our Itves has been severely affected by the presence of Margantavdle/Marganta Beach Promonons by regional radio stations, games, and offers of cheap liquor and food have drawn an undesirable element to our gwet neighborhood We have had problems with bar customers using our streets for overflow parking once the lots are filled More tmportantlg we have been invaded vnth bar customers wanting to extend their dnnkmg after the bar closes I have personally witnessed mdrnduals parked m front of my residence dnnkmg, vomrtmg, and unnating on both neighbors and my own property I have also witnessed mdrvtduals involved m sexual acttvrty We have had car chases in and out of our cul-de-sac I have called the San Bernardino Shenff s Department on several occasions because of these incidents Saturday and Sunday mommgs find our streets littered with human waste and fitter Trash from local fast food establishments, liquor, and beer bottles are either on our properties or lie broken on the street These are not only health and safety tssues but most importantly quality of Itfe tssues Businesses are guests of the city They are allowed to do business at the discretion of [he cuy Businesses are granted permits to conduct then service for the benefit not detnment of the residents of the city Anytime that is violated, the business should have then permit revoked The cny of Rancho Cucamonga's first and foremost concern should be for its citizens not the businesses that serve the city I believe the aty of Rancho Cucamonga needs to answer these questions Is this really the type of business we want to portray the image of our communtty~ Does the city have more concem for the business than rts crttzens~ We have had and continue to have a quality of life issue with the existence of Margarrtavdle/Margarrta Beach m our neighborhood It is time for the city of6ctals to address this issue once and for all We do not need nor want this business to our neighborhood The simple solution would be to revoke the condmonal use penntt If the Planning Commission cannot nor vnll not revoke the pemut, have Mr Davidson relocate fits business In fact, 1 have a suggestion far a new locatton Ftnd an empty space at the old K-Mart shopping center on Haven and Arrow You know the locatton [t is nght at the foot of City Hall Rancho Cucamonga is fast developing into an upscale community The recent opening of Vtctona Gardens highlights that trend As I stated at the Febmary 2, 2005 city council meeting, "the city would not tolerate a business like Margantavdle/Margarita Beach m our new downtown I do not understand why you would tolerate rt m our neighborhood " Respectfu/ll~y,` Vt~ ~---- tm Olson ~lTy OFHA,~ICHO CUC~I~~~IG~'i6A Date Ta--`' February 28, 2005 ~'?a R p 1 2QG5 From Subject Crty Planning Commission Crty of Rancho Cucamonga. CA Mr Sam Moussavi Mrs Sarah M Moussav~ Residents of 8032 Pasito Avenue, Rancho Cucamonga, CA Mazganta Beach Night Club 9950 Foothill Blvd. Rancho Cucamonga, CA ~'!=r ~. -"~!PJ1NG This letter will serve to voce our concerns regarding Mazganta Beach Night Club (MB) We have been residents of 8032 Panto Avenue since 1982. Our home is located three blocks away from MB We have Ivied happily and peacefully with our neighbors and neighboring businesses for over 20 yeazs We wish to make you awaze that MB has become a very problematic establishment m our neighborhood. We unite our voices to those of our neighbors m submitting a complaint against MB People that frequent that establishment have leR all sorts of trash, including empty and half-empty beer and wine bottles, on our street m front of our house. There was honking, shouting, loud music and loud, disorderly vorces m the late hours of the night and the first hours of the morning on our street They also parked on our street and on streets adjacent to ours, making it impossible for us or our guests to park m front of our house Having such inconsiderate, disorderly people come to disturb our peaceful neighborhood is more than a nuisance Their presence m an inebriated state becomes a danger to our property and to our personal safety. MB for many months did not take appropriate measures to eliminate the problems that their establishment caused Recently MB hued a guard to watch our streets, but we believe that afrer the heat of the complaints against them has dvnndled, the problems will reoccur We respectfully ask that you deny Margarita Beach the right to continue doing business m our neighborhood Sincerely, q i" ~10-~ ''1'L©-v~= ")~Gt _ i - :,!_.L- ~ /41L~-amt-s=-~, Sam Moussav~ Sazah Moussavi 8032 Panto Avenue Rancho Cucamonga, CA 91730 (909) 980-6468, Cell (909) 227-7014 CITY OF HAAICN~J i;UCAPA0~IGP, TO: Planning Commission Fea; 28,'2005 ~~ -1111P11NG ,.I'live at 9999 FootHill Blvd. # sp. 160 directly across from Marganta Beach Bar. I have live here for ten years, in those ten years I have observed a helicopter stopped in the middle of FootHill Blvd. to pick-up a man who was stabbed at the bar to go to the hospital. then there was two different incidents, in each time a car came across FootHill Blvd. over the center divider crashed into the Pines block wall. Then there was this couple having sex next to the block wall between the cars on the cold pavement, I went out there and told them to go elsewhere to do that, they got up, crossed FootHill walked to the bar and walked in. And the music coming from the bar, and coming from the cars coming and going loud boom-boom sound. Loud voices coming from the bar from about 1:OOam to 2.OOam. loud car motors and their pipes (show-offs). Screeching their tires on take-off up and down the parking lot. Racing up and down FootHill Blvd. in front of the bar. Police come there all the time for people fighting. Then was a shooting too! I could see the police flashlights looking on the buildings around the bar for the bullets holes Does there have to be a killing before something is done?. Emily LaQuay Ph. 909-481-7174 Mr &Mm Philp La Qua} 9999 Fooihdl Blvd Spc l60 Rancho Cucamonga C.19173Q3658 ~ ut 1-'a.,~'l°?'•S ~ ~St~~, ~'3-Z 1~/-yj vi~~td ~~ h~5 ~ I t 7 to r~t~J 17 ~`1 !( U~-~Ir,. „(/~ L~G~/L 1~~~ XJ~"'17/ ~ Y~ 1~1J17/~~ ~ ~1,~ ~ ~1~ ( / V ~ ~~ ~ ~ ~ ~~ ~ ~ ~ G ~ ~~ I/ d~(~~5 3v~ ~ Jt~//~/~//))h}~/~//) .S ~2'^~///~~//)yll/ (/ /lam ' ~' 3~~ ~~~! ~~"~ !f~ ~5,3'~JG~a'f~b./cYJ~a-~. C~U1~~I~;1,4J ~((~t// nl~ $~9.~'~~v~,'Y~jj ~5~~ rl, ~1~~.Yjl,/I (~ ~l /`I (ihlic/t~3L~;/jn r~?,~i ~SlY7JJ~(f~ _ at~Uir/ ~iJ,l vl ~ ~~ I I ~. / :~ a~~J fQ~ ~~~~ L ~~'~~~hld~ ~ti c~~ l~ ~"""a7 ~ „ l . `~. 3 i r ~h~ ht~r/t t~ ~ ~f?a ip„'~~'~g>,lJ /,5~3)~r,(~' a~ tn.,~~ `~~(~'t~,l?t~~Qf ) S: ar~r„wr V ot,U~~~US C~//'/~dl ~,.t ~~ ,U1 ai' t/~' ~fV ./T?J~QvI U / ~~ ~~ 1? ll~i 11 -~- vtlwc~,rJ ~~ ~u~/0 1a1~1h~ ~~ ~%' ~~ Sv~a ~~ ~ ~ ~ h an ~~ ~ l~ ~ ~~ .~ - ~ ~ ~y ~o ' Q/~W~,Z u~ ~~~~r ail>1 oL ~~~/ m~ v v~ ~ ~h/~` r~ sr~~rt/ ~ ~vc6~ ~ i ~~ lv~,~l ~.~c,7 ~~//~ ~r~d 5 ~ ~~ ~ ~~~ ~ ~! ~+~ ir~ / `\ ~w~~ ~ ~~j"-"~ ~ ~u l/!//a.J•'~7~ + /~! ri(11.r16~1 .~ a~ L/ ~~~~pN~ ~ ~ ~~ //moo ~i ~~n"~'J a ~~ = o/ rrb~~o~~-~ ~ r ~~ -- •i ~ ~ a y-~'1 ~ !t~ ~^-e ar2~'/ 7`Ca 2 1'~lc~~ C7~! ~~ ~. l _~ ~ y' .~-`~" ~ ~r"~!f/f, Ct',~-c gCff'i~C~IS~l2~fi~ L'cJ*~tet L ~ Y'rG ~y~~, ~~ °~~r~ Shane ~ Christina Cameron 8017 Pasito Avenue Rancho 909) 941 6999A 91730 G,~ OF FiAy~~0 ~Ut'pPlt~P1G~ The Planning Commission of the City of Rancho Cucamonga\ ;`~{~t1Nt" 10500 Civic Center Drive ~~.C' '~ ~~ l P O Box 807 Rancho Cucamonga, CA 91729 Dear Planning Commission, This letter is in response to the Margarita Beach review We are residents living perpendicular to Estacia We have lived here for 11 years and have witnessed many incidents on our block We have sat in our living room watching people in their cars drinking alcohol, smoking and changing their clothes in front of our house We then watch them throw their cigarettes in our streets and place their beer bottles on our curb for us to pick up Every weekend when we turn the corner of Estacia from Ramona we find broken beer bottles in our streets We are then left to clean the mess up ourselves These problems have occurred for over 9 years The only measure taken by Margarita Beach was to place a security guard at the Ramona Market to watch people This security guard has been seen leaning against the wall at the Market talking with girls instead of doing his lob of monitoring the patrons walking across the street We are in the process of adopting three children. I do not want my kids to be a wdness to this behavior, they have seen and been through enough The State workers visit our house often and we do not want to jeopardize our chances of adoption These three kids deserve a fantastic life, they have seen enough drunken people, they do not need to witness anymore We are not interested in a gate and permits for our neighborhood. Rex Gutierrez visited our home on February 26, 2005 and suggested a gate. If we wanted a gated community we would of bought a house in one This is only a way to inconvenience us for something that should of never gone this far to begin with. We suggest a sign is cemented in the ground stating residential parking only. We also suggest that Margarita Beach purchase a sign that folds over and is on both the North and South corners of Estacia stating NO MARGARITA BEACH PARKING. Recently, we suggested to Mark Davidson at the City Counctl meeting we attended to employ more security guards and place them on the North and South corner of Estacia He did the weekend following the City Council meeting If something is not done with Margarita Beach, this neighborhood will not be the neighborhood that living in Rancho Cucamonga stands for We moved to this community in 1978, there is a reason why we have not left There are not many communities left that you can leave your door unlocked or windows open without wondering who is going to come in your house This is still one of those communities, let's not lose that because of one bar The people that make up our wonderful city are what are most important, it is who we are and where we live Sincerely, Shane and Christina Cameron ~~,~, S (l '' ~ C~~gMOi~IGP 'R ~~~H~ CVn1f~l ~ ~ '~Fl.~ ~„r~ilN f1l (~~~ 1 SS 1 CI~1`Q U l~U~ ;l U7~1G'S ~ o.L~~~,r~C~ ~.i ~~~~~e ~- ~ l,~ o. ~-~- Gen flss ~ ~~~ f'nU~~ ~~ r~C,t~ c~tX.~n ~-oo-l-hS-e- ~~~1~~ cjC~eG..~ra-.~n~~ ~~~~r~cJ ~- ~~ .~-Q ~,'C10 Am . ~.C~~Q C~O~.~-- ~.1-I~rL C~~n~j ~~ • ~SS~C~~.-4°~ ~~~ W~~~ ~~S~.~r ~JL~cSS ~-rte,-~ s' ~~--~ ~~~ ~~gr~>~~~re~ ~L L~~~ • • Cam' l~h ~ ~ W e~.o ~~~~ c~I lc".1 (~~ l,~ aS~k ~ ~ e~ ~;~ ~d cis ~~ w c,~.Q ~h! ~~ ~.el~a~s ~ll __ ,,,~1 c~~ ~ ~~e~ ~ ~n c9-Cz-e- W c n d o~ ~~ ~e.~ c~ ~~ ~~ h6C~~~ ~ftie,« ~ondorns cin c...$-~l-e- ~a~ ~C~-~.~`n5l~l~.z ' ~ `-~~ c1J ,sDO ~ i 5~ i,~ ~ n '~ C~u-SP fie- ,~h.¢,~~ ~_ .~ ~~1-c~ lC.~,r~G~ ~,~~ bl~ ~:~, I~'1 Q Cyr i -f~~. ~ac~ w ~.; ~w4- ovef ~-her~ . I.tJ-~ ~icQ_, J1~- ~.~la~ Ce,n~~ problP~~zs ~~cl J ~~ s~~~~ ~~ -... ~fi'~~C~,ru LGiiC`~~y~rnr~w ~~,~~~-~ Ci~~~zrh~'r~~i, Cam, ~iin j d? -~2 ?- ~~.t ~~n~~a~s t~ ~l~' 41P~~LNJ ~~~ ~~ ,1~a~ ~s:r~ ~ ~ ~~sc, ,, ta~~N r-,e_( ,,, iI~-; .!,/?~ /"C~Grr~,~~~ riyi~~a,_ryr~-~~'z ~~i~~ra~ ,t'! ~~2~c1~.<.r~ pp ~~~ .~ ~~ ~ (~',~i ..l+~~.~a1 G9u1t~ .~~ 7r'/c2G~~ yC'e~y'~?'//V~/_ ~/~ ~/~~nr~0,•^~~ ~GC'C/~. ~7 ~/_C/ ,y"~, ~ f :Z.C'.^,f U/ ~~~ ~V~ % /_/L ~.L''L ,/fi vC'~`'"/.4~Llo, oG1i P/~~c -/1~ s G~/ ~'x/ /a/'%L,^Z~,y~~~5 /~l^.4'7~7i/vtliCy..~ ~~~(/i~ .~^~2i~ / ./ O'~~ ~itL/'f~ Cti/ ~i ~Xi .~L///i_'~ /1 L y/.CC% / % ~Cv. ,CG,!i~.:/ / = UiLti ~/'~ ~r ~ / .mac=~'~~~ ~ ~ o~~.t ~ ~i ~ ~a-tr~i.~ ~.e.~ ~.a s,J ~~l--G~~~ ~~.,~~ .. r ~ ~~ ~ ~ /J~tI~'r~mr~"~ ~rr~ //~-^.ri'Gni.G~. ,[i'~i'~i. ~ lms~ u ~~.i ':~./.G'.~GCi~ ~U~ /~^:Y~~ //'C 1'H.~.GC~ ./1-Ci"~.~~Y/~.8'1~~ ~~I~-~ .L~i ~~~ ~ ;} ~J ~ ~j ~~/j / r ' . ~~~~'~~~ r.C`L~~ :.Gfr, iLr~, .G~t~ti/c%t~L .!/Tc+:, ~ ~tiU C ~ ~J- as R,.Pr s%~~iJC7~~ v J~`Ji~-fJ./~'i 6GV .~%/'.1,6'f ~ ~ G,~/J~`/Ml~ ~ ~Z ~'-~ ~/,Gi'~~~~~ lC% /(/~/rini ~r~.J vt~~+-2.~~ !/7,C. ii/i~i ~~j•//~C~~..(j7/~,r~ %L~/:C~ ~~~/J -/.ii'y' C~L ~i~~~ ~ / ,~1/ ~q ~ /O 7 / f f~C/rx~l ~ aG ~wv , .[, %J '> ~ c' -~'l'f'i~7i+~ ~.nC ~ ~L ~>i /LL"~=Lciia_ ,'/ ,.T ,y ~ ~ ~ .f ~~~ / ~j ~. ~ZG¢(/~~/LQ~ i//v'" /~G~/ ~J'Yl~GC2~ic~ i / / w/ j~" c/' ~ ~L!/1/1/ W/v /"Z '(70fj vv7 .Z~KG°~ ~[.(JCJArVt •'.Lf/LP~ ~J~ ,~ k ~ ,~G~["C~I~QA' !LL- H.(/[iT///J '~L9W//'~/ ~GQ~~' /~%~L'L'CC-c*/f-GJ (/~~~C1I/Y/~ ;ilc~ l./~CGv~2GCCi . ~•t"~/~+~- /Gf2CC* L~~ ~G~-`ci ~c~ ~GCG`~' '~i12ofLC~ ~G~W~, ~C-a~~t.CcarLai . // c // ~ ~ ~ ~ ~ ~~-~~~~~,~f ~~ ~~~~~ a-l~.vu~1 ~.-~..,~ ~°~ ~ ~. ~r.~~ucl n.~-~ ~., .~ ~ ~~~ ~ ~u~~~ ~~Qa~, ~~ ~ ~~~~~ ~i, ~c'c. 9 i ~ 3 0 Mr Mayor, my name is Robb Evans. Home owner in Rancho Cucamonga since 1989. Everytime I have contacted your office I got things done so Kudo's to you and your staff. When I was worried about the "Head shops" in our area. I noticed that they vanished in no time. Now I have yet another concern. It seems that the planning commission is reviewing the 94-O1 conditional use permit of Ramona Market. Here's my 2 cents. They have been in our community for almost 20 years. I have been a customer since 1989. It is important to me that any/every business puts customer service first, They have call me and a hundred other customers by our first name IMPORTANT. As far as the neighborhood in which I jog and walk my dog. The impact that Ramona has made is positive. Margarita Beach / Ville does draw a crowd that is not just locals. It's a rowdy group. (I know from first hand ezperience). Now Ramona did not have to hire 6 security gaurds because of any activity they are or were involved in, Margarita did !!! Furthermore lets really put blame where blame is due. We got some nasty neighbors overthere. Parties every weekend drugs and Vandalism. Just send a car around once in awhile and you will see it's a few bad apples NOT our local businesses who seem to be targeted. ~5r•.~ Y~~ V +OF RnNCHO CUCA^h~ A~~'~"„~ ~, I~AR oaZOO~ Mr Mayor, your commission is moving in the wrong direction. I for one want my tax dollars spent in a more productive manner. In stead of a whitch hunt on local business that has contributed to the city for 20 years....How about a solution???? I'll be at the meeting March 9th and am looking forward to bringing the obvious to the planning commissions attention. Robb Evans Resident tax payor. ~ ~. ,,.x C,9,~.c s ~~ ~LL ©~ w/'~A~ /s v~~/ Ude~ 2 ~~ ~ ~~ ~-~ 7!!i. ~ _ftpiat'f~mu Rwr~a(r~. CAS, h~ 0/09/05 18:00 FAE CITY OF RAiVCHO CUCAMONGA MAR p 9 2005 RECEIV~O -PLANNING City Planning Division foot My name is Betty Watktns I live at 9880 Pstacia Ct In Rancho Cuca:i~onga. f attehded th. last meeting about the problem of Margarita Beach overflow into oia neiaa`~or]-ood. A3 parents we try to keep our children safe at all times that is our job. ',`Jow I ~rcn asking th~o council members to help us to keep our neighborhood clean and safe Tlie problenlis Margarita Beach not Ramon Market the market has been there longue then r,fargarits Beach has we have never had any problem from the market. As a :'es~de~c. of Mancha Cucamonga help us to have a safe neighborhood for our kids. Thank You Betty Watkins F To Planning Commission City of Rancho Cucamonga From EGan Bakhous Subject Ramona Market 9950 Foothill Blvd Ste A I have recently took control of business operations at Ramona Market from my parents My family has operated Ramona Market for close to twenty years It has come to my atte~ion that my neighbors are having problems with Margarita Beach Tlus situation has upset me because my family and I have come to know marry of the residents throughout the years We sympathize with them as they recently told us then negative experiences A month ago, some of the neighbors attended a cty council meeting complainuig about Margarita Beach None of the neighbors had a single complaint about our estabhshment A review of Margarita Beach's conditional use pemut was ordered Some of the Councd Members mentioned that they also review our business operations This development bas upset my family Most of the people complaining about Margarita Beach, ftequemly visit our business They have never complained about our business operations through our many years hen: My family and I operate Ramona Market month HIGH STANDARDS in order to keep our area peacefiil Ramona Market is a family operated store, serving other family's aad individuals in our local area We have not violated any condittons or laws In fact, we have azero-tolerance ride for not selling alcohol beverages to anybody under the influence, or siiybady that appears to be under the influence for any reason We take great pride in that because the general well-being and health of people is more unportam to us than a couple dollars We strictly enforce our Vahd Identification rule in which we ask for Vahd Identification from anybody appearing under the age of 35 We have received many thank you letters from the Department of Health Services for refusing sales to minor decoys We have never received a ticket for selling alcohol or tobacco to minors We iniplement strict rules on alwhol and tobacco sales because we value family before anything We would be very angered at ourselves ewe cause any family or individual harm by neglecting our responsibilrties to the general pubhc We keep our area adjacent to our prewses as frce of fitter as can be Consumption of alcohol beverages, whether from out estabhshmerit or any other is prohibited on our property or any property adjacent to our business We strongly implement this rule with ow nnntediate control We have had no problems month people dnnlang around our estabbshment We monnor the area surrounding our business often through the day to check for any suspicious setivity We treat the wmm}uury surrounding our business very respecWely I hope the Planning Commission understands, Ramona Market is not the problem. I'm confident that the Comwssion will Snd the right solution for my neighbors problems because they deserve nothwg but the best S'1 r-i C-Q ~('-2 ~ ~' ~ ~(~av~ ~alc~~J S March 1, 2005 ~l Dear Neighbor, My name is Mark Davidson; I am the owner of Margarita Beach. I am writing this letter to all of the neighbors in your neighborhood. Last month several of your neighbors appeazed at a city council meeting to complain about the negative impact from my business, and it's effect on your neighborhood. I want you to know that I take these complaints very seriously and will correct any problems that occur in your neighborhood from my business I first wish to apologize for any negative experiences that have occurred from our business operation. While I was unaware of these problems, that are not an excuse, I should have done more to prevent the occurrences. Prior to the city council meeting I had not received any complaints from any neighbor in the last two years I have never received a complaint from any neighbor beyond the first cul-de-sac ever So I was shocked to heaz the list of complaints made at the city council meeting. In my last meeting with Mr. Sanchez some two years ago he indicated that the changes we had made were sufficient and that all problems had been resolved He further stated to myself and to Chief of Police Ortiz that he would notify me if there were any further problems I have never been contacted by Mr. Sanchez or any one else since and thought the past problem was corrected Since I have never met directly with most of the neighbor's that complained last month I am not sure when the complaints occurred, how frequently they occurred, or how they aze certazn that they occurred as a result of Margarita Beach customers. It would be ideal to have all this information as well as direct communication with everyone living in your neighborhood so that I can implement the best solution. I want you to know that I took the complaint from Mr. Sanchez seriously and as a result I have inspected your neighborhood personally several times per week since my last meeting with Mr. Sanchez, two years ago. I have not seen evidence of these complaints in my inspections. However, I must admit that my inspections did not go beyond the first cul-de-sac since I had no idea that any one from my business ever parked in those azeas. While I am not trying to escape my responsibility or make any excuses it is important to note that there are several other businesses that serve liquor, and are closer to your homes than mine There aze multiple apartment complexes that use your streets for overflow pazkmg, and that even if we elimtnate my customers many of these problems may still exist. That being said let me state that I don't believe my business is the sole cause of problems in your neighborhood, HOWEVER, WE WILL Tt1KE SOLE RESPONSIBILITY FOR SOLUTION OF CORRECTING THESE PROBLEMS These problems are not acceptable to us either and WE WILL CORRECT THEM. In point of fact we believe that we have already corrected them. Upon hearing about these complaints we have done the following. We immediately tripled our outside SOLUTIONS FOR NEIGHBORHOOD 1) We have place an additional security guard in the neighborhood A) The old solution was to have the security guard stationed at Ramona Market and to refuse admission to anyone parking in the neighborhood Tlus was agreed upon with Capt. Ortiz and Ed Sanchez B) The new solution rs to have the security guard stationed on Estacia and turn away all M B customers before they exit there cars. They also encourage people from the apartment complex to be quiet and we will pick up all litter 2) We no longer rotate security guards, hourly or nightly. Having one person properly trained and held personally accountable will improve overall security effectiveness. 3) We check the entire neighborhood three tunes per day everyday and more times than I can count on our busy days. 4) We are redirecting customers exiting at closing time. We are directing them to exit onto Foothill blvd instead of Romona. 5) We have agreed to meet with Capt. Ortiz on a monthly basis to evaluate our progress and the effectiveness of these changes 6) We request a review from planning staff in six months to insure that the problems have been corrected 7) We ask the neighbors to either directly or thru the crty to notify us of any problems as they occur. S) I have given every nerghbor my home, cell, and pager phone number with instructions to call day or night and we will immediately correct any problems. 9) I have knocked on every door in the neighborhood speaking to about half the neighbors that were home. All (except Mr. Sanchez) stated there were zero problems since the city council meeting. 10) I wrote and delivered a letter to every neighbor apologizing for any past problems and explaining our new security plan. (copy enclosed) SOLUTIONS FOR CALLS FOR SERVICE 1) I am going to spend more personal time managing this operation 2) Monthly meeting with Chief Ortiz to review calls for service, to seek over all reduction. 3) Increase communication from Police and residents to formulate prevention plan and to prevent incidents 4) Merit based pay and performance bonuses for secunty staff to lower calls for service. 5) Daily, weekly and monthly training meeting with staff to improve overall quality of staff and reduce need for service 6) Increase by %300 out side security staff. From one to three outside security guards, with special attention to nuisance issue of public urination, loitering, littering, noise, ect. 7) Ehmmate for an indefinite period of tune all radio advertising. Tlus should lower customer attendance by 20% and should positively impact calls for service. 8) Review policy with police on when to call for service. i -~ r ~r~~~~_ ~~w~ ~ ~ ~3 . ~ ~ -~~L - 1- ~. ~ ~.-~ II I } I 1 1 i I I~ i ~~ ,~ F r ~+- tv vu ~ ry q C o m rM t 5 s~ v 'V ~~~'~ ~~h ~- A S ~~ Ste, h ~~~~~~ ~~o ~ ~s-~ ~ 1~~ ~~~-~ ~ ~q ~--~ ~~~ Planning Commission Meeting of ~ ~~ RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding Thank you NAME 1 [a aiGL 2 ~ ~~s0a/.f.1_ 3 4 5 6 7 ~/~~~f~ti/ NrdUS~ 8 L"Li/lis7~~rre ~P~o~ 9 ~~s L'Al~~2ony 12 ~M~VdA~7 --o 23 24 25 26 27 28 29 30 31 32 33 34 35 ADDRESS /BOPp -(ovC~si /I~ciuP CITY ~/~i- ~r~ ~~f -(~ QGT~/'9 Toa~.{il~'`I/39 ~`tr~ ~- 8~r7 Psis/~(t~ ~~ ~/i~d ~1/mar-U~ /(~ ~~ ~ 1 a (~~ E} fx~, s r ~~~ Q dos r- s; ~c~>4 cr 2c_ ~ ~~ ~, ~~ Z 1 ~~e_ ~~~S1CCi~~lr-~ C ~ ~~ ITEM 9n3o Q°f~3~ qi 7~~ nn~7_3''~ ll~ a ! z3 ~ ~-~ ~.~D ~i~3 d ~~ yi ~d v ~~ rp~~