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HomeMy WebLinkAbout1994/09/28 - Agenda Packet RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER DRIVE R~NCHO CUC~MONGA, CALIFORNIA I. Pledge of Allegiance II. Roll call Chairman Barker Commissioner Melcher Vice chairman McNiel __ Commissioner Tolstoy Commissioner Lumpp III. Announcements PROCLAMATION FOR PAMELA S. HENRY IV. Consent Calendar The following Consent Calendar items are expected to be routine and non-controversial. They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. A. ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW 94-16 - AMERON A request to construct an 18,600 square foot industrial building on 20 acres of land in the Heavy Industrial District (Subarea 15) of the Industrial Area Specific Plan, located on the west side of Etiwanda, south of Arrow Route - APN: 229-131-03. Staff recommends issuance of a Negative Declaration. B. RESOLUTION OF DENIAL FOR CONDITIONAL USE PERMIT 94-20 - PARKER - A request to establish the sale of antiques and artwork within the existing Demens-Tolstoy House, a local historic landmark, on 3.16 acres of land in the Very Low Residential District (2 dwelling units or less per acre) at 9686 Hillside Road - APN: 1061-561-04. V. Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. C. CONDITIONAL USE PERMIT 94-08 - SANCHEZ ~BABE'S CLUB 66) A request to establish a night club and sports bar, including entertainment, amusement devices (Video/arcade games), and the on-site consumption of alcoholic beverages, within an existing building in the Community Commercial Designation (Subarea 3) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard, east of Hermosa Avenue - APN: 1077-601-07 and 09. D. ENVIRONMENTAL ASSESSMENT AND MODIFICATION TO CONDITIONAL USE PERMIT 89-23 - CITY OF RANCHO CUCAMONGA - A request to construct a helipad and to base a helicopter at an existing fire station and training facility (Station #174) in the Minimum Impact Heavy Industrial designation (Subarea 9) of the Industrial Area Specific Plan, located at the southwest corner of Milliken Avenue and Jersey Boulevard - APN: 229-111-34. Staff recommends issuance of a Negative Declaration. VI. Directors Reports E. CONFERENCE UPDATE VII. Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. VIII. Commission Business IX. Adjournment The Planning Commission has adopted Administrative Regulations that set an 11:00 P.M. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. VICINITY MAP ., CITY HALL CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 28, 1994 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, city Planner BY: Dan Coleman, Principal Planner SUBJECT: ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW 94-16 - AMERON - A request to construct an 18,600 square foot industrial building on 20 acres of land in the Heavy Industrial District (Subarea 15) of the Industrial Area Specific Plan, located on the west side of Etiwanda, south of Arrow Route - APN: 229-131-03. PROJECT AND SITE DESCRIPTION: The site is flat and consists of a pipe storage yard. There are several Eucalyptus trees and the street is not fully improved. B. Parkin~ Calculations: Number of Number of Type S~are Parking Spaces Spaces of Use Footaye Ratio Required Provided Manufacturing 18,600 1/500 37 37* TOTAL 37 37 * Parking is provided on an adjoining Ameron parcel. ANALYSIS: A. General: The applicant is proposing to construct an 18,600 square foot metal industrial building at their existing concrete and steel pipe plant. The building will house coal tar coating equipment to enable Ameron to supply large diameter steel pipe for an upcoming Metropolitan Water District pipeline project in the region. Ameron will utilize its existing work force to produce the coated pipe. E~loyees will continue to park on adjoining parcels owned by Ameron. The building will be located in the middle of a 20 acre parcel that is predominantly used for outdoor pipe storage. The proposed 1-story building is a pre-fabricated metal structure painted a light stone color (slate doors/trim and white roof). The structure height to the eave is 26 feet. ITEM A PLANNING COMMISSION STAFF REPORT DR 94-16 - AMERON September 28, 1994 Page 2 B. Design Review Comittee: The Design Review Committee is scheduled to review the application on September 20, 1994. Co~nents from the Committee will be forwarded to the City Planner for consideration. Upon approval of a Negative Declaration, the City Planner will grant final approval based upon the reco~unendations of the review cor~nittees. It should be noted that certain street improvements, and related landscaping and screen wall, may be deferred through an agreement to coincide with construction of the City's Master Plan storm drain in Etiwanda Avenue. It was determined by staff during early pre~development meetings with the applicant that because of the extensive size of the Etiwanda storm drain project, the design, scheduling, and actual construction of the pipe line warranted the consideration of an agreement. This agreement will be considered by the City Council concurrent with the City Planner's review of the development review application. C. Environmental Assessment: Parts I and II of the Initial Study have been completed and it has been determined that the project will not have a significant impact on the environment. The structure is located approximately 650 feet from Etiwanda Avenue. RECOMMENDATION: Staff recommends that the Planning Commission issue a Negative Declaration for the project. The project will then be submitted for City Planner approval. City Planner BB:DC:mlg Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Site Plan Exhibit "C" - Building Elevations ~ ~-~>GT\~<(~o, ,o-oo,~,,.o.,,7.o,2~9-,~1-,~,~_~-~ A~ERON PROPERTY-ETIWANDA, CA. ~: )TE. E&G (~e C~INED INTO ~e P*"CEL J~v mgBS, I ' 2 - I ) 2¢5- 002 T ~ IN--l, 50 FT ROADWAY (UNPAVED) CORP. STORACE YARD BARE & TAPE CO ATF. D CYLINDER STORAGE ~ t ROOF. I tN 12 PITCH ~ ,.,",-- ~ F THE HISTORIC Demens- TolStoy Estate PLANNING DIVI$10N sep 22, 94 To: City Planners, Planning Dept. Eancho Cucamonga, Ca. We Would like to Withdraw our applicetion for a special use permit to sell antiques from ur Home on 9686 Hillside Rd, Alta Loma Ca. 91737 We would like to have the opportunity to esubmit at A later time the Request for a special us permit as Allowed by HiStorical code Varience. Thank You i Dennis & Eri~a Parker. CITY OF RANCHO CUCAMONGA DATE: September 28, 1994 STAFF REPORT TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: RESOLUTION OF DENIAL FOR USE PERMIT 94-20 - PARKER - A request to establish the sale of antiques and artwork within the existing Demens-Tolstoy House, a local historic landmark, on 3.16 acres of land in the Very Low Residential District (2 dwelling units or less per acre) at 9686 Hillside Road - APN: ~061-561-04. BACKGROUND: The Planning Commission received public testimony on August 24, and September 14, 1994. The Con~ission found the applicant's written and oral presentation on the extent of the proposed co~nercial and educational use of the property was inconsistent and confusing. After considering the possible adverse impact of the use on the neighborhood, as well as the difficulties of providing adequate enforcement of retail activity within a private residence, the Planning Commission directed staff to prepare the attached Resolution of Denial. The majority of public testimony, both written and oral, was opposed to the applicant's request because of concerns with incompatibility with surrounding neighborhood, traffic increase, and property maintenance. ANALYSIS: The attached Resolution of Denial follows the line of discussion by the Commission on September 14, 1994, when the majority of corm~issioners indicated that they would not be able to make the findings required to approve the Conditional Use Permit at this location. The finding that would be difficult to make is that the use would not have an adverse effect on surrounding property and that the use would not be detrimental to the public health, safety, or general welfare. The Commission felt that the applicant's proposed business operation was not defined clearly enough to make the finding that the proposed use would not disrupt the'surrounding neighborhood, contrary to Development Code Section 17.08.030. Res lly t d, BB:DC:mlg Attachments: Exhibit "A" - Draft Planning Commission Minuted dated September 14, 1994 Denial ITEM B B. DE~ELOPMENT REVIEW 94-01 -__ HONG - Review of a single family residence in eL '. ' Commissioner Melcher requested that Item B be pu~}~from the Consent Calendar. / Motion: Moved by Melcher, seconded by LumF~'~rried 3-0-2 with McNiel and B. DE~rELOPMENT REVIEW 94 01 H ~ ~' Commissioner Melcher stated no concerns regarding this application. He observed that the Hillsi Ipment Ordinance requires that the Commission approve such applica and he suggested that the ordinance be changed so that the City Pla could approve such applications. Motion: by Melcher, seconded by Lumpp, carried 3-0-2 with McNiel and to adopt Item B of the Consent Calendar. PUBLIC HEARINGS C. CONDITIONAL USE PERMIT 94-20 - PARKER - A request to establish the sale of antiques and artwork within the existing Demens-Tolstoy House, a local historic landmark, on 3.16 acres of land in the Very Low Residential District (2 dwelling units or less per acre) at 9686 Hillside Road - APN: 1061-561-04. Chairman Barker noted that public hearing on this item had been opened at the August 24, 1994, meeting of the Planning Commission and the comments made at that time were reflected in the minutes of the meeting. He said that although Commissioner Lumpp had not been present at the August 24 meeting, he had been given an opportunity to review the minutes and tapes of that meeting and would be hearing the matter tonight. chairman Barker noted that a number of residents had expressed concerns regarding the proposed project. He said that the Commission cannot work in a problem solving or workshop manner but must function in a judicial manner hearing arguments for and against a specific proposal and make its decision based on law. He did not think that is a good way to solve problems or answer community questions and concerns. He felt it may be better to have people meet and try to address solutions. He stated that if the applicant wanted to proceed with a hearing, the Commission would conduct the hearing and make a decision and the applicant or any other individual would then have a right to appeal that decision to the City Council. He observed that if someone does not like the decision made by the City Council, the matter can then be litigated which can delay action for quite some time. He noted that at the last meeting the Parkers had heard the concerns of the neighbors and he questioned if the Parkers had met with any of the neighbors to address those concerns. Planning Commission Minutes -2- September 14, 1994 Dennis parker, 9686 Hillside Road, Rancho Cucamonga, stated that he had printed up 1,000 brochures to announce an open house on Saturday, September 3 to address any concerns. He said they did not deliver the flyers house-to- house, but rather distributed them at the supermarkets and donut shops because they wanted all the people of Rancho Cucamonga to be aware of what they are trying to do, rather than just the neighbors in the Regency Equestrian Estates. He reported three couples came to the open house and two others later visited the property and, following discussions, all of those people stated they had no objections to what the Parkers propose. He remarked that one of the neighbors had brought him a flyer which someone had printed up and hand delivered door-to-door and the flyer is not accurate and misrepresents what they intend to do. He said it had been brought to his attention, that people feel they own the empty lot at the corner of Hillside and Amethyst but their property is only in front of their home. Chairman Barker asked if Mr. Parker was satisfied that he had communicated with his neighbors and was he ready for the Commission to go ahead and conduct the hearing and made a decision tonight. Mr. Parker said that the people who oppose what they are doing have not come forward and addressed them so he was not sure who they are and had not been given a chance to show what he wants to do. He felt the residents are hearing misinformation from one or two people. He said those in opposition had not come to their door even though they placed an open house sign On Hillside on Saturday, September 3. He felt the people from the Equestrian Estates would not give him an opportunity to talk even if the matter were postponed. He requested that the hearing be conducted. Dan Coleman, Principal Planner, presented the staff report. He commented that additional conditions had been suggested requiring that all antique and artwork displays and sales be conducted inside the house, the outward appearance of the building or premises could not be changed except that a sign of 4 square feet could be constructed, the use would have to be incidental to its use as a private residence, and only family members could engage in the antique and artwork sales. He said three additional letters of opposition, One letter Of support, and a letter from the applicant had been received following distribution of the staff report and they had been placed in front of the Commissioners. Commissioner Melcher requested clarification of what the applicant intends. He noted there were conflicts between the staff report presentation, what the applicant indicated in his presentation, and the documents submitted with the application. He said Mr. Parker indicated he would use the lower floor, the staff report indicated the first floor and the lower level with both references being for the sale of antiques, but an exhibit shows tours of all three levels of the house. Chairman Barker reopened the public hearing. Mr. Parker stated they originally submitted the application prior to talking with the Planning Division and had indicated they would use the basement and the first floor of the house even though they anticipate only having one or Planning Commission Minutes -3- Septe~er 14, 1994 two people in the houses at a time for the antique business. He said that after learning from the Planning Division that some of the requirements may be predicated on square footage, they decided to keep the antiques in one room of the downstairs basement. He remarked that the extent of the antique sales would be some of their own furniture and dishes. He stated there would be no charge for tours and they do not plan to contact tour companies to bring people through the home. He said they merely wanted to share the property with the neighbors, schools, and the City because he they thought the community would like tours based on the number of people who had knocked on their door. He felt that having hours of operation for the sale of antiques would make it convenient for tours. He did not expect more than two or three people in the home at any one time. Commissioner Melcher asked for clarification that they plan to operate the antique business in the basement with a set schedule of hours. Mr. Parker responded they plan to be open from 9:00 a.m. to 2:00 p.m. on Mondays, Tuesdays, Thursdays, and Fridays and 10:00 a.m. to 5:00 p.m. on weekends. He said the hours could be subject to change by the City. Commissioner Melcher asked if tours for individuals and small groups would be during those hours or by appointment only. Mr. Parker stated the tours have previously been by request but he would not require people to call ahead during the hours the antique business is open and tours could be by appointment at other times. He said they do not have a scheduled tour, they just walk people through the home, which takes approximately 10 minutes. Commissioner Lumpp questioned where the antiques would come from. Mr. Parker replied they are antiques which they have accumulated over the years and would be anywhere from a 50¢ dish to approximately $200 furniture pieces. Commissioner Lumpp asked if Mr. Parker planned to show furniture belonging to others on a consignment basis. Mr. Parker responded they have visited the antique shops on 2nd street and in Barstow and those shops are operated on a larger scale with 20 to 200 consignment people. He said their purpose is not to allow others to put something in the home and that would not be abnormal. He commented they do not have the square footage available. He stated that at this time there are no dealers and no intent to put in dealers. Commissioner Lumpp asked what Mr. Parker's response would be if he approached him and said he had a piece of antique furniture and would like to place it in the home with a commission being paid if the furniture sells. Mr. Parker replied that he might do it as a favor for someone he knew. Planning Commission Minutes -4- September 14, 1994 Chairman Barker observed that at the last meeting Mr. Parker had indicated he was not aware of how many people were interested in going through the house at the time he purchased the property. He said he recalled that Mr. Parker had said they purchased the house as a residence and later came up with the idea of selling antiques. Mr. Parker stated he bought the home to live in. He observed they have six children and a business in Orange County. He said the idea for antique sales came about because they were being asked to show the home on what they felt was a consistent basis and the schools had expressed interest in visiting the home. He said they felt that it would be convenient to allow visits to the home. He indicated that they planned to take the money from any antique sales and put it back into the property. chairman Barker asked if it was a consideration when he bought the home. Mr. Parker responded it was not. Chairman Barker asked when Mr. Parker became aware of the regulations concerning conditional use permits and historic buildings. Mr. Parker replied it was part of the sales pitch from the real estate firm but it was not the reason they purchased the home. Commissioner Melcher asked Mr. Parker to explain how the proposed business would be different from running an ongoing garage sale. Mr. Parker responded that an ongoing garage sale would be a mixture of all different types of product and would be on a larger scale than what he proposes. He said that people visiting antique shops generally go in for an enjoyment factor more than to spend money. The following residents spoke in opposition to the project: A1 Abram, 9747 Hillside Road, Rancho Cucamonga Cyndi Testa, 9738 Cinch Ring Lane, Rancho Cucamonga Vic Cherbak, 9820 Cinch Ring Lane, Rancho Cucamonga A1 Cherbak, 222 Avenue F, Redondo Beach Sandra Sraberg, 9494 Hillside Road, Rancho Cucamonga Edna Allen, 9731 Peach Tree Lane, Rancho Cucmmonga Alan Shapiro, 9737 Flying Mane Lane, Rancho Cucamonga Clifford Bennett, 9718 Flying Mane Lane, Rancho Cucamonga Paul Mock, 5506 Malachite Avenue, Rancho Cucamonga Merlin clarke, 9729 Hillside Road, Rancho cucamonga Jim Morgan, 9760 Flying Mane Lane, Rancho Cucamonga Eugene Illsley, 8375 Vicara Drive, Rancho Cucamonga Dale Cummins, 9738 Flying Mane Lane, Rancho Cucamonga In addition a petition of opposition signed by 27 residents was presented. A1 Cherbak discussed the history Of Alta Loma and zoning provided for in revisions of the Chaffey College General Plan by the Alta Loma Community Planning Commission Minutes -5- September 14, 1994 Chamber of Commerce which provided for industrial commercial and high density residential in the southerly area and lower density residential and some commercial in the central area up to Lemon Avenue. He said a service station was permitted on the corner of Lemon Avenue and Haven because Of Chaffey College and strip commercial soon followed surrounding the service station. Concerns were raised about a change in the status quo; increased vehicular and pedestrian traffic; potential for conflict between vehicular traffic and equestrian uses; designation of one third of the living space to the business; a business being open six days a week; potential for popularity of the store with an increase in traffic; increased dust from gravel parking area; setting of a precedent; a change in zoning; a commercial entity in a residential area; potential for sale of antique cars, buggies, and smudge pots; desire to keep area as low density equestrian area; potential for consignment; reduction Of historic home to a "cheap swap meet"; potential for disturbing of the peace and quiet of neighborhood; driveway being too close to Archibald; lack of planning; fear that the applicant may expand the use in order to improve cash flow; fear that auctions may be held on weekends; fear that City would not enforce conditions or respond to complaints about the business; fear of a bond issue; and discrepancies between original request and staff report vs. what was presented this evening (i.e., initially 4,600 square feet for antiques and art gallery vs. 280 square feet for antiques with no artwork sales mentioned this evening). It was observed that the Parkers previously had large vehicles for sale on property. Comments were made that because the home had been a private residence for its entire existence, the use should not be changed; and the application should not be approved because the neighbors do not approve-- therefore, it disrupts the neighborhood. One resident stated he was proud to live near an historical home but did not feel he would be proud to live by an antique store. Questions were raised as to who would enforce hours, where antiques would come from when they have sold what they currently have; if the city would get anything out of an approval; and if federal and state agencies are going to contribute. One resident expressed appreciation that Mr. Parker had addressed some of the concerns raised at the last meeting and felt that if what was stated this evening had been originally presented, there may have been less concern. Comments were made that Mr. Parker had made no attempt to contact surrounding residents because no one would attach any importance to a flyer passed Out in a shopping center. One resident commented that he never saw advertising of an open house but saw three children with a lined paper sign by the mailbox advertising an open party. Chairman Barker asked what the bond issue referred to. Mr. Coleman replied that Mr. Parker had mentioned at the last meeting that he and his wife would be willing to work with the City, perhaps on a low interest bond, to improve the corner prior to development. Chairman Barker remarked that there is no advantage or disadvantage to the City if the use is approved. He also stated that any bonds would have to be passed by residents and could not be approved by the City. Commissioner Lumpp asked several speakers if they had noticed any traffic impacts based On the current operation of the residence. One resident Planning Commission Minutes -6- September 14, 1994 responded he had never seen anyone visiting or touring the home, one replied he had observed very minor activity when some items were placed for sale on the corner but there was no impact at current levels, one stated he had been impacted when oranges or knickknacks were sold on the corner, and one replied he had been impacted. Chairman Barker asked staff to explain the historic regulations under which the proposal was submitted. Mr. Coleman replied that as an incentive to encourage the preservation of historic structures, the City code allows certain limited activities including retail such as boutiques, bed-and-breakfast inns, etc. He said this is an incentive for the owners to derive some income to make it viable to preserve the structures in the community as an important resource. Mr. Parker felt that people are skeptical that he wants to help the children or the community by opening up the house. He stated the antique shop is not meant to be a money making venture, but simply a convenience to be open to the public. Me commented that the Regency Estates is approximately 400 to 600 feet away and is buffered by Orange trees, driveway, and a wall. He said that one of the residents of Regency Estates had written that they had to live with Snow White and the Seven Dwarfs, which refers to lO-inch high concrete figures which are located 411 feet off Hillside Road behind the groves and a parapet wall. He felt having antiques in one room of the house would not generate any additional traffic over what already occurs. He said they may buy additional antiques to place for sale but their intent was not to go out and buy $10,000 worth of inventory. He commented they could not sell cars or other large pieces because they would not fit in the room. He stated they would certainly not do anything that would endanger their children or make the property into a circus. He showed a proposed landscaping sketch. He said the equestrian trails are to be installed when the property that surrounds them is developed and the current owners of that property have indicated they have no intentions of developing the property in the near future. He said they have made an Offer to purchase the property and if they bought the property they would not develop it. He stated that at the last meeting he had suggested that if the City would work with them, they would take out a low interest bond or loan to pay for installation of the equestrian trails because they do not want the property to look the way it does for the next four years. Me said dust had been mentioned as a concern from traffic on the gravel driveway but stated he creates more dust when he is removing weeds from the property or when horses walk in the future horse trail area. He showed a picture of a property at the corner of Wilson and Archibald which depicted items strewn all over the yard and said they would not allow the Demens-Tolstoy property to look like that. He said they were willing to put up a new sign rather than using the water tank as he had first proposed. Me acknowledged that real estate values are down but stated that it is not caused by anything he is planning to do to his property, but rather because prices were previously grossly inflated and the banks are now foreclosing and liquidating properties that were over mortgaged. He stated that 10 school buses travel twice a day On Hillside so the addition of a bus or two a year to bring school children to his property would not create any danger from fumes. He stated that zoning would not be changed and they were not requesting any favoritism, but merely something that Planning Commission Minutes -7- September 14, 1994 is already in the code. He commented that Regency Estates is a closed, gated community and they had no way of getting into the community to discuss what they plan to do. He disclosed that they had contacted the Superintendent of the Alta Loma schools to offer a one-day field trip history class to show the process of irrigation and cultivation. He said the Superintendent had expressed interest and they plan to go ahead with that proposal because that subject is taught. Chairman Barker closed the public hearing. He observed that there is no need to obtain a permit to allow schools to tour a home. He commented that the Commission had three options: grant approval for the proposal with modifications suggested by staff, grant approval with other conditions, or deny the application. Commissioner Melcher felt it important to clear up some misconceptions. He commented that the' planning process is not a majority rules process. He stated that state law gives the City Council the ability to establish a Planning Commission which can detach itself from the political process, as it is an appointed body rather than an elected one. He said the Commission's constituency is the five City Council members as well as the entire City. He observed the Commission has to determine whether the request complies with the ordinances, which do in fact allow for the limited commercial use of historic properties subject to a conditional use permit procedure in Order to encourage preservation, and whether the application will do that in an appropriate manner. He stated he had heard the comment that the application and the business notions that it embodies do not seem particularly well planned and he agreed with that comment. Me felt that if the application were to be approved, the Commission may wish to require a comprehensive written plan of operations be provided as part of the approval as he felt the application still appeared to be in flux. He suggested staff inform the audience regarding the procedures for the review of conditional use permits and revocation procedures. Brad Buller, City Planner, explained what a conditional use permit is and stated that through a public hearing process conditions are applied to make uses compatible with neighboring properties and uses. He observed that conditional use permits can be revoked if it is found the use causes a negative impact on the surrounding neighborhood Or if there are specific violations Of the conditions of approval. He reported that a revocation hearing is a public meeting with surrounding property owners being notified of the hearing and the applicant and the public have an opportunity to comment before the Commission makes a determination as to whether the permit should be revoked. Commissioner Lumpp stated that by state law, a conditional use permit is a tool that allows a city to add certain requirements to make a use more palatable in a neighborhood or an area. He said tonight's hearing is part of the fundamental process. He observed that the 300 foot notice requirement is not something the City arbitrarily does, but is mandated by state law. He affirmed that the City goes beyond what the law requires and provide notice in a newspaper and posting of the property. He noted that some of the residents commented about traffic impacts adjacent to the property and observed that Planning Commission Minutes -8- September 14, 1994 when he asked how those residents were currently being impacted by traffic caused by people visiting the Demens-Tolstoy House, it appeared there is limited impact. He commented that it appears that the predominance of the traffic impact is unrelated to the project, but is as a result of students going to Chaffey College and people driving on Archibald. He stated he was somewhat confused between what the staff report indicates and what Mr. Parker stated he really wishes to do. He expressed concern about that confusion and stated that because of that confusion combined with issues related to health and safety of the neighborhood, he was not convinced that this would be a good use of the property. He felt the two existing historical structures which are being used for commercial purposes are in totally different areas and the area of the Demens-Tolstoy House is remote and exclusive. He stated he was not opposed to the applicant's placing a sign in front of their house offering tours. He said he could not make Finding 3.b. in the resolution--that the proposed use would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Chairman Barker felt neighborhood negotiations could have perhaps addressed most of the concerns; however, he noted there was distrust and the matter was now being handled in a hearing forum. He suggested that the attempt to communicate by producing 1,000 flyers and not distributing those flyers to the neighbors was not an open communication, in that the problems lie in the neighborhood rather than elsewhere in the community. He observed that the type of use requested is allowed in the City in order to encourage improvement of historic properties; and although he was aware of the incentive, Mr. Parker had stated it was a not a factor in his decision to buy. He commented that the applicant had stated money was not a factor and he felt the proposed sales were not enough to make an impact on the cost of buying or maintaining the property. He agreed that Archibald is a busy street and he was not comfortable with the staff report's assertion that there would be no impact on traffic. He agreed that the other historic structures being used for commercial purposes are in mixed areas. He understood the fear of outdoor auctions but he did not see that as a potential use. He echoed the concerns that the proposal was not well defined with the changes from first and second floor to only the basement to a certain number of square feet. He observed the proposal was not solid and he stated he could not make the findings necessary for approval. Commissioner Melcher stated that he sensed that the proposition was about to lose and said he preferred to offer the possibility of a continuance to better define the plans to see if that would alleviate the concerns. Chairman Barker stated he did not feel any obligation to continue the hearing because the applicant had indicated he wanted the matter to be heard tonight. Commissioner Lumpp agreed the applicant had been given an opportunity to have the matter continued, and he was not sure it would change anything about what he wants to do. He observed that the applicant has the right to appeal the decision to the city Council. Motion: Moved by Lumpp, seconded by Melcher, to direct staff to prepare a resolution Of denial without prejudice for adoption on the Consent Calendar at the September 28, 1994, meeting. Motion carried by the following vote: Planning Commission Minutes -9- September 14, 1994 AYES: COFa4ISSIONERS: BARKER, LUMPP, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL, TOLSTOY -carried Chairman Barker advised the applicant that he had the right to appeal the decision after the resolution is adopted. He observed that consent calendar items can be pulled from the calendar but they are usually not except for points of information. He explained the difference between denial and denial without prejudice. D. 93-05 - OAS PARTNERSHIP - A request to increase the sign area for the ect Identification Monument Sign from 24 to 49 square feet; he sign area for the Tenant Identification Monument Signs from 24 to 49 uare feet; and increase the maximum nu~3er of tenant names on the Tenant entification Monument Signs from three to five per face, for Thomas Plaza, located at the northeast corner of Foothill Boulevard and ard Avenues APN: 208-101-22 through 25. Related File: Amendment Uniform Sign Program No. 88. (Continued from August 10, 1994) Chairman Barker Observed Item D had been withdrawn by the applicant and no action was necessary. OLD BUSINESS E. AMENDMENT TO UNIFORM SIGN PROGRAM NO.~- OAS PARTNERSHIP - A request to nd the Sign Program to allow a Projec~ Identification Monument Sign, internally illuminated Tenant Identificati~ Monument Signs, and various changes to the sign criteria for Thomas W~ ry Plaza, located at the northeast corner of Foothill Boulevard~.d Vineyard Avenue - : 208-101-22 through 25. Related file: Var~ce 93-05. (Continued from August 10, 1994) ~ Brad Bullet, City Planner, stated that the a 1 ~ pp icant had i rmed staff that the application would be revised and resubmitted to be c with the recent amendment to the Sign Ordinance. DIRECTOR' S REPORTS ONGA~- F. CONVENIENCE FOOD STORE REGULATIONS ORDINANCE - CITY OF RANCHO CUCAM Review Of proposed ordinance. Planning Commission Minutes -10- Septe~Der 14, 1994 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING, WITHOUT PREJUDICE, CONDITION~ USE PERMIT NO. 94-20 FOR ~NTIQUE AND ARTWOP~K SALES WITHIN THE HISTORIC DEMENS-TOLSTOY HOUSE, ON 3.16 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (2 D~FELLING UNITS OR LESS PER AC~E), LOCATED AT 9686 HILLSIDE ROAD, ~ND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1061-561-04. A. Recitals. 1. Erica Parker has filed an application for the issuance of Conditional Use Permit No. 94-20, as described in the title of this Resolution. Hereinafter in this Resolution, the subject conditional Use Permit request is referred to as "the application." 2. On the 24th day of August and the 14th day of september 1994, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed public hearings 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 hearings on August 24 and September 14, 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 9686 Hillside Road with a street frontage of 411 feet on Hillside Road and a lot depth of 379 feet, which is presently improved with the historic Demens-Tolstoy House, and has curbs and gutters along Hillside Road and the Archibald Avenue frontage; and b. The property to the north of the subject site is zoned Very Low Residential and is a vacant citrus grove. The property to the south of the subject site is zoned Very Low Residential and is vacant. The property to the east of the subject site is zoned Very Low Residential and is developed with single family residences. The property to the west of the subject site is zoned Very Low Residential and consists of a citrus grove; and PLANNING COF24ISSION RESOLUTION NO. CUP 94-20 - PARKER Septeraber 28, 1994 Page 2 c. The Demens-Tolstoy House, in which the application is proposed, was designated as an Historic Landmark by the City Council on september 10, 1989 which permits small-scale, non-residential uses subject to review and approval of a Conditional Use Permit; and d. The applicant proposes operating the business from 9 a.m. to 2 p.m., Monday through Friday, closed Wednesdays, and from 10 a.m. to 5 p.m., Saturdays and Sundays; and e. No additional employees other than the property owners will be employed in the business; and f. The applicant's public hearing testimony contradicted their written application, specifically regarding the scope and nature of the intended uses as follows: (i) The written application contemplates the sale of antiques and artwork utilizing up to 4,607 square feet of first floor and basement of the existing house; however, during the public hearing the applicant testified that they intended to only use a 14 by 20-foot room in the basement; and (ii) The applicant testified that they intend to offer tours of the estate, without charge or previous appointment, to local schools and other community groups contrary to the written application "to sell antiques and artwork from home"; and (iii) The applicant indicated that their intent is to sell antiques and artwork from their personal collection; however, the applicant stated that they would not rule out the possibility of accepting antique Or artwork items on consignment. g. The applicant did not present a clearly organized business plan addressing the targeted customer, the source of antiques and artwork, the location of the retail within the house, and the educational tours; and h. The application proposes an antique and artwork shop within a residence which is a designated historic landmark. Accordingly, the application is subject to the provisions of Rancho Cucamonga Municipal Code Section 17.08.030 which prohibits uses other than residential that would cause intensification or disruption to any adjacent uses or neighborhood; and i. The Demens-Tolstoy Mouse is the primary residence of the applicant; and j. There is significant community concern regarding the potential adverse effects of the proposed use; and k. The application as proposed would be materially detrimental to the persons and properties in the immediate vicinity of the subject site for the reasons as follows: pLANNING COMMISSION RESOLUTION NO. CUP 94-20 - PARKER September 28, 1994 Page 3 (i) The Development Code (RCMC Section 17.08.030) is intended to provide for uses within historic residences of a small scale. However, the application proposes retail activity six days a week, including weekends, as well as, tours of the residence and the estate grounds by an unlimited number of school children and other community groups without prior notification to the property owner. Such a proposed use would be an intensification and potentially disruptive to the rural character of the surrounding neighborhood; 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as followS: a. That the proposed use is not 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 be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. That the proposed use does not comply with each of the applicable provisions of the Development Code. d. The applied-for use will not be compatible with the intended rural residential character of the area. e. The evidence presented to this Commission has identified potential adverse effects of the applied-for use. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application without prejudice to refile. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 1994. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary PLANNING COMMISSION RESOLUTION NO. CUP 94-20 - PARKER September 28, 1994 Page 4 I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the city of Rancho Cucamonga, at a regular meeting of the Planning Commission held On the 28th day of September 1994, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OFRANCHO CUCAMONGA STAFF REPORT DATE: September 28, 1994 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City planner BY: Scott Murphy, AICP, Associate Planner SUBJECT: CONDITIONAL USE pERMIT 94-08 - SANCHEZ (BABE'S CLUB 66) - A request to establish a night club and sports bar, including entertainment, amusement devices (Video/arcade games), and the on-site consumption of alcoholic beverages, within an existing building in the Community Commercial Designation (Subarea 3) of the FOothill Boulevard Specific Plan, located on the north side of Foothill Boulevard, east of Hermosa Avenue - APN: 1077-601-07 and 09- BACKGROUND: On June 8, 1994, the Planning Commission reviewed and approved the application for a night club and sports bar at the subject site. Following the Planning Commission meeting, the applicant appealed a condition of approval requiring the filing of a Parcel Map prior to the issuance of building permits. This requirement was placed on the application due to a lack of record information substantiating the existence of the four lots as indicated in the Assessor's Parcel Map. During preparation Of the City Council staff report, staff conducted further discussions with the applicant and additional information was requested. A title report was provided by the applicant which indicates that there are two lots as shown on Exhibit "B," contrary to the Assessor's Parcel Map which was used as a basis for staff's approval. As shown on Exhibit "B," the parcels are configured in such a way that the existing motel/convenience market and the proposed night club are on the same parcel. Because the original Conditional Use Permit application was approved based on information which has been determined to be inaccurate, the City Attorney advised the City Council that the application should be reconsidered by the Planning Commission. The applicant agreed to the reconsideration. ANALYSIS: In light of the new information regarding the parcel configuration, staff believes that additional conditions of approval should be attached to the application to bring the site into conformance with current City standards and policies. These conditions of approval include, but are not limited to, the following: 1. Driveway access to the site from Foothill Boulevard should be limited to one driveway a minimum of 200 feet from the intersection- The existing driveways in front of the convenience market shall be eliminated. ITEM C PLANNING COMMISSION STAFF REPORT CUP 94-08 - SANCHEZ September 28, 1994 Page 2 2. Contribution towards construction of full frontage improvements on Foothill Boulevard and Hermosa Avenue for Assessor Parcel Nos. 1077-601-07 and 09 shall be provided prior to building permit issuance. 3. A condition has been added to clarify the site includes both the motel/convenience market and the night club. 4. The parking area in front of the convenience market shall be redesigned to include: 18-foot deep parking stalls adjacent to the store, a 26-foot drive aisle, and 18-foot deep parking stalls south of the drive aisle. The remaining area (±10 feet) shall be landscaped. Also, landscaping shall be installed at the driveway locations upon their removal (see Exhibit "F"). CORRESPONDENCE: During preparation of the City Council and Planning Commission staff reports, several letters were received from residents/property owners voicing their concerns with opening a night club and drainage problems. These letters have been included as Exhibit "E." RECO~4ENDATION: Staff recommends that the Planning Co~nission approve Conditional Use Permit 94-08 through adoption of the attached Resolution of Approval. BB:SM:mlg Attachments: Exhibit "A" - Assessor's Parcel Map Exhibit "B" - Title Report Map Exhibit "C" - Planning Commission Staff Report dated June 8, 1994 Exhibit "D" - Resolution No. 94-42 Exhibit "E" - Letters from Residents/Property Owners Exhibit "F" - Revised Site Plan Resolution of Approval with Conditions 1'. ~"~ I Project: ~ ,~y,.~, ~i~i'' '<!~ii!~~ OF R~AMONGA Title' ,43,.t-~.~,~3 ~'~_-~. ~ PLA I~ ~I9ON Exhibit: ~ Date: ~' ~ '~"""S. I/4 COR. SEe. 2 ' T./S.,R. TW.  J Project: ~-"/~ CITY OF ~ AMONGA Title: f/rE PLA , , ON Exhib t: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 8, 1994 TO: Chairman and Members of the Planning Commission FROM: Brad Bullet, City Planner BY: Scott Murphy, Associate Planner SUBJECT: CONDITIONAL USE PERMIT 94-09 - SANCHEZ (BABE'S CLUB 66) - A request to establish a night club and sports bar, including entertainment, amusement devices (video/arcade games), and the on-site consumption of alcoholic beverages, within an existing building in the Communit~ Conunercial Designation (Subarea 3) of the Foothill Boulevard Specific Plan, located on the north side of FOOthill Boulevard, east of Hermosa Avenue - APN: 1077-601-07 and 08- Related file: Entertainment Permit 94-01. ENTERTAINMENT PERMIT 94-0~ - SANCHEZ (BABE'S CLUB 66) A request to allow entertainment including, but not limited to, live bands, a disc jockey, karaoke, celebrity appearances, and comedy nights, in conjunction with a night club and sports bar in the Comunity Co~m~ercial Designation (Subarea 3) of the Foothill BOulevard Specific Plan, located on the north side of Foothill Boulevard, east Of Hermosa Avenue - hPN: 1077-601-07 and 08. Related file: Conditional Use Permit 94-08. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North Vacant; Comunity Comercial, FOOthill Boulevard Specific Plan (Subarea 3) South Restaurant; Comunity Comercial, Foothill Boulevard Specific Plan (Subarea 3) East - Office; Co~nunity Comercial, FOOthill Boulevard Specific Plan (Subarea 3) West - Motel and convenience market; Cor~nunity Comercial, FOOthill BOulevard Specific Plan (Subarea 3) B. General Plan Designations: Project Site - Comercial North - Comercial South - Comercial East - Comercial West - Commercial C- Site Characteristics: The site is presently developed with a 7,930 square foot building and a paved parking area. Landscaping exists adjacent to the building in raised planters. PLANNING COMMISSION STAFF REPORT CUP 94-08 & EP 94-01 - SANCHEZ June 8, 1994 Page 2 D. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footaye Ratio Required Provided Restaurant/Night Club 6,000 1 space/ 60 60 100 sq. ft. 1,930 1 space/ 35 67 55 sq. ft. TOTAL 7,930 95 127 ANALYSIS: A. General: The applicant is proposing to use a vacant building as a night club and sports bar. This building was the site of the original "Club 66" night club that operated in the City for 13 years. After "Club 66" ceased operation, another nightclub, "The Peppermint Elephant," used the facility until about 1986. The applicant is proposing to use the southerly 5,430 square feet as a night club, including a dance floor, and the northerly 2,200 square feet as a sports bar (see Exhibit "D"). In conjunction with the night club and sports bar, the applicant is proposing a variety of entertainment uses including live bands, a disc jockey, karaoke, celebrity appearances, and comedy nights. The applicant has also indicated a desire to conduct pool tournaments during the afternoon hours. A complete breakdown of the entertainment proposed is contained in the Entertainment Permit application attached as Exhibit "F." AS indicated on the floor plan, the building's existing kitchen is proposed to be removed; hence all food will be catered or prepackaged items prepared off site. With the establishment of the use, the applicant is proposing to bring the site up to current Code requirements. Additional parking will be provided at the rear of the site. Landscaping will be provided across the front of the building, along the west side of the building, within the new parking area, and around the perimeter of the new parking area. Also, the applicant is proposing to resurface the existing parking area, both for the night club and the motel/convenience market. Lighting will be provided along the building and in the parking area. A photometric plan has been submitted to staff demonstrating proper illumination of the site. B. Neighborhood Compatibility: In evaluating the request to establish a night club at this location, staff is concerned with the compatibility of the use with the surrounding area. The property to the west contains a motel and a convenience market. While most motels operate on a night-to- night arrangement, the motel actually functions more like an apartment pLANNING COMMISSION STAFF REPORT CUP 94-08 & EP 94-01 - SANCHEZ June 8, 1994 Page 3 complex with month-to-month rentals. Essentially, the adjoining property is residential in nature. As witnessed with previous entertainment uses, bars/clubs in close proximity to residential uses have created noise problems for the neighborhood- Complaints have ste~Taed from the noise generated from the building as well as noise and other nuisances generated in the parking area. In most instances, these complaints are received even though there is landscaping and screen walls separating the two uses. In this situation, no such buffering exists. A paved parking area is all that exists between the motel and the proposed night club/sports bar. This will allow headlights to shine into the motel- In order to provide buffering between the uses, staff has included a condition requiring the installation of a landscape planter between the sites- In addition to the concerns with the residential use, staff is also concerned with the compatibility of the night club with the convenience market. The convenience market was recently granted approval by the planning Commission to sell alcoholic beverages (distilled spirits). With the proximity of the two uses, staff is concerned that conflicts will arise from patrons going back and forth between the uses. Prior to going to the night club, patrons could stop at the convenience market and purchase their alcoholic beverages. They might consume these in the parking area before entering the night club. Or the reverse may occur with people leaving the night club to go to the convenience market. The landscape planter between the uses will make it easier to regulate flows between sites. Also, the Police recommend a security guard be stationed in the parking area after 6 p.m. Staff believes this will minimize the conflicts between the uses. C. Parking Issues: The majority of the parking area is located at the rear of the building and the main entry to the building is located towards Foothill Boulevard. Because of the distance between the parking and the entry, the applicant is proposing to provide valet parking for the facility. Valet parking will allow the applicant to provide convenience for their customers and, at the same time, limit the number of people in the parking area to improve security. While the valet parking does improve the safety aspect of the project, staff is concerned that the valet parking will result in cars backed up onto Foothill Boulevard during peak times or if the valet parking is not operated appropriately. In order to address this, the drop-off point for vehicles should be significantly north of the street. The Engineering Division recommends a 75-fcot minimum vehicle stacking distance from curb face. D- Traffic: The applicant is substantially increasing the parking capacity of the site. Along with this, there are existing inherent traffic conflicts because of the close proximity of the site to Hermosa Avenue and the adjacent use of the convenience store. To mitigate the increased traffic conflicts, the Engineering Division is conditioning the applicant to install the median island on Foothill Boulevard. This will prohibit left turn movements to and from the site, thereby eliminating the primary traffic conflict. The limits of the median improvements are outlined in the conditions of approval. t7 PLANNING CO}~ISSION ST.~FF REPORT CUP 94-08 & EP 94-01 - SANCHEZ June 8, 1994 Page 4 E. Security Plan: As part of the application, the applicant has provided a security plan for the establishment. The applicant proposes to have security personnel within the building and roaming the parking area periodically. Additionally, the applicant proposes to use video monitoring inside and outside the building to assist the security personnel. The security plan is included as Exhibit "G." The Police Department has reviewed the plan submitted and determined that security personnel should be placed in the parking area on a continual basis as opposed to the periodic basis proposed. The Entertainment Ordinance also requires a duly licensed and uniformed security guard for the dance floor area. F. Fire District Review: The Fire Protection District has reviewed the plans for the night club and has identified numerous items that will have to be brought up to Code requirements in Order to occupy the building. These items are outlined in Exhibit "H," and required as conditions of approval. G. Crime Statistics: Because of the concern over land use compatibility, staff requested a list of police calls received from the motel and convenience market. The Police Department has provided a list of complaints that have been received over the past seven years (see Exhibit "I"). The majority of the complaints, however, are for petty theft. It should be noted that the convenience market is under new ownership. FACTS FOR FINDINGS: In order for the Planning Comission to approve the Conditional Use Permit and the Entertainment Permit, the Co~nission must be able to make the following findings: A. Conditional Use Permit 1 · That the proposed use is in accord with the General Plan, the objectives of the Development Code and the Foothill Boulevard Specific Plan, and the purposes Of the district in which the site is located. 2. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Development Code and the Foothill Boulevard Specific Plan. B. Entertainment Permit 1. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals, or welfare. 2. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner. pLANNING COMMISSION STAFF REPORT CUP 94-08 & EP 94-01 - SANCHEZ June S, 1994 Page 5 3. That granting the application would not create a public nuisance. 4- That the applicant, or any other person associated with him as principal or partner in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or any crime involving the moral turpitude, nor has any approval, permit, license issued in conjunction with the sale of alcohol or the provision of entertainment been revoked within the preceding five years. 5- That the normal operation of the premises would not interfere with the peace and quiet of the surrounding residential and co~nercial Uses- 6. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. In reviewing the findings for both the Conditional Use Permit and the Entertainment Permit, staff believes that the potential incompatibility between the proposed use and the adjoining use can be mitigated through the conditions of approval contained in the Resolutions for both the Conditional Use Permit and Entertainment Permit applications. RECOMENDATION: Staff recommends that the planning Commission approve Conditional Use Permit 94-08 and Entertainment Permit 94-01 through adoption of the attached Resolutions- Respectfully submitted, City Planner BB:SM/jfS Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Site Plan Exhibit "C" - Landscape Plan Exhibit "D" - Floor Plan Exhibit "E" - Letter from Applicant Exhibit "F" - Entertainment permit Application Exhibit "G" - Security Plan Exhibit "H" - Fire District Con~nents Exhibit "I" - Police Department Crime Reports Exhibit "J" - Letter from Property Owner Resolution Of Approval for CUP 94-08 Resolution of Approval for EP 94-01 .... ~,~,"' VICINITY MAP ENTERTAINMENT PERMIT APPLICATION Applicants for entertainment permits shall complete the following questionaire: PLEASE PRTNT OR TYPE A. The name and permanent address of applicant: - - - ~-~-~L~ _ f,"x-c~_-2~ Name .................................... erTnanent Address ...... ~ .......... " ....... B. The name, proposed and current, if any, and business address of the applicant: Name (Current an roposed) ......... BT~;iT~'d~% .............................................. C. A detailed description of the prop<~sed entertainment, including typ~ of entertainmerit, a~d number of.p. Ler_soris eri aged in the eritertainment (ma,a~_~ach and the adrmssion f~, Lf any, to b~ cha~ged: ---~ -- --~ -~" ' ....~-_ _'~ .......7_ ' - __~T:~_'_~_,~ D___c3~__-_c-L_~ - ................................ E. The name(s) of the person(s) responsible for the management or supervision of applicant's business and of any entertainment: _ _ __X:t~-~ _,~o__c~,~_~_-u_ ..................................... F. A statement of the nature and character of applicant's business, if any, to be carried on in con)unction with such entertainment, including whether or not alcohol ,,vii] be served as part of such business: supervision of applicant's business have been, within lhe previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefor includins conditions of parole or probation, i/any: H. Whether or nol applicant has ever had any permit or license issued in toniunction with the sale of alcohol or provision of entertainment revoked, includinM the dale thereof and name of the revoking agency: ..... _b~__,._ _~_,t-~-~ t _ _at__ ~ ~ ~_r~__ri~ ira__ __ci~___3~__x:__~_8r~ _ _ _ c:f--__ _EED~_ ~__-kC..in n-',,~,,~_~ _ _h,o,.~ _ _e~.r,.~-_ _~eei',_ ..... $ ~ sFci,,-c-k:f j_ _ cr_ _ ..ce ,.n ~ _ ._ ............... h ........ .Any false, misleading or fraudulent statement of material fact in the required application shall be grounds for denial of the application for an entertainment permit. BABE'S CLUB 66 10134 FOOthill Blvd. Rancho Cucamonga, CA 91730 SECURITY SYSTEM At the front entry we will have one doorman to check ID's and, one valet to direct parking. At nightfall until closing, we will have a minimum of one person at the front entry. During busier times we plan on more vallets to expedite parking matters. As we move through the entry, we travel the hallway into the nightclub. The entire inside of Babe's Club 66 is open and has no blind spots to obstruct the view. We will use half- walls or open railings throughout to achieve this. At the end of the entry hall our second security man will collect the cover charge, if any, and check for weapons with a metallic activated wand. Behind him is a camera, that can be seen by everyone. There's approximately a dozen cameras inside and outside monitoring the entire operation. Hillel Durel is our director in charge of training and the management of our security. He has six years experience in civilian security and the military. Currently he is taking advanced training in EMT and CPR, which will be passed on to our staff. The deployment of security will be as follows: DAY SHIFT NIGHT SHIFT PEAK: WEEKEND NIGHTS 1- Doorman 2- Doormen 2- Doormen 1- Security 2- Security 4- Inside security 1- Mananger 1- Valet 2- Valets 1- Manager l- Manager For parking lot security we will maintain a minimum of one footcandle of light on the pavement surface. We will provide photometric design to support this. FIRE DEPARTMENT REVIEW Exterior: We will provide aisle widths per Rancho Cucamonga Planning Department. There is a fire hydrant in front of the building, and the entire building will be sprinklered per code. Interior: We have shown the location of fire extinguishers, emergency lighting with battery back-up, and exit signs conformin~ to current U.B.C. We have worked with the Rancho Cucamonga Planning Dept. to determine interior aisle widths and traffic flow. 1 HANDICAP REVIEW Exterior: The parking lot has no stairs nor abrupt changes in elevation. We have provided three HC parking spaces near the main entrance. Interior: We will provide ramps that do not exceed 1/12 height to length ratio per standard codes. We have designed corridors, bathroom doors, and exit doors for the handicapped. The bathrooms have been designed by the latest ADA Compliance Guidelines, California Access Code. SOUND There will be no outdoor speakers. Any sound from the building will not exceed 65 decibels at the property line. SCHEDULE OF EVENTS NIGHTS Monday: Amateur Night- Music, vocals, comedy. Tuesday: Kareoke Contest Night Wednesday: Oldies but Goodies Night- 50s & 60s Rock Thursday: House Band. 25 cent Draft Beer Friday: Saturday: Contract Band: Blues, Jazz, Big Band, Rock and Roll, Country Western Sunday: House Band DAYS Monday: Senior Pool and Dart Tournaments, Free Buffet Tuesday: (same as Monday) Wednesday: Lingerie Show & Business Luncheon, Soap Opera TV Viewing. Thurday: (same as Wednesday) Friday: Sports Events: Buffet, Juke Box, Kareoke practice. Saturdayi (same as Friday) Sunday: Cowboy Western Day: 2-step, line dance lessons, Country Bar-B-Q, Rodeo clowns, etc. EMERGENCY PROCEDURES 1. CPR training by personnel 2. Knowledge and use of fire extinguishers 3. Trained and licensed in use of pepper spray 4. Trained in how to "hold" and "secure" 5. Trained by entire staff in crowd control 6. Trained in how to cooperate with local Fire Department and Police. May 6, 1994 Babe's Club 66 10134 Foothill Blvd. Rancho Cucamonga, California 91730 ATTN: Steve Tustasecca and John Sanchez Dear Steve and John: Following are the quotations you requested for closed circuit television, security alarm system, and fire alarm and security alarm monitoring. Also enclosed is a revised drawing showing suggestions we recommend. Please note that on the outdoor cameras we have eliminated some locations and opted to use panning motors to view the parking lot. We have also opted to use panning motors on various locations on the inside of the bar. The interior cameras are quoted without housings. Housings are available if you prefer. The cameras proposed are high quality chip-type cameras and were chosen based on environment and lighting. We will furnish and install a Closed Circuit Television System consisting of: 3 Panasonio WVBP100 Black and White Cameras for outside 3 Pelco EH4500 Weatherproo[ Camera Housings for outside 3 Pelco PEPT480 Motorized Panning Motors for outside 2 Sanyo VDL2324A Fixed-Mounted Black and White Cameras at front entrance and business office 2 Computar TO812CS Lenses 2 EMI 6" Camera Mounts 4 Sanyo SYVDC2324A Black and White Cameras for inside 4 Pelco PS724 Motorized Panning Mounts for inside 4 Computar TO812CS Lenses 1 Robot MV16 Multiplexer 1 Gyyr TLC1850 Time Lapse Recorder 1 Sony SSM17 17" Black and White Monitor necessary wire and hardware Total, Installed, Including tax .......................... S18800.00 We will furnish and install a Security Alarm System consisting of: I FBII XL3 12-Zone Control Panel I FBII XL4612SM 12-Zone Digital Key Pad 1 Yuasa 12v, 7ah Rechargeable Battery 4 Passive Infrared Beams May 6, 1994 Babe's Club 66 ATTN: Steve Tustasecca and John Sanchez page two of two 7 Doors Alarmed 2Large Sirens Large Siren Box necessary wire and hardware Total, Installed, Including Tax .......................... $1740.00 Central Station Monitoring of Security Alarm System is $26.50 per month. We will furnish and install a Fire Alarm Monitoring Communicator to monitor flow valve and PIV valve installed by sprinkler contractor. Equipment to consist of: 1 Radionics D2071 Dual Line Communicator note: two telephone lines are needed to monitor the system (telephone lines furnished by customer) Total, Installed, Including Tax .......................... $350.00 Central Station Monitoring of Fire Alarm System is $48.00 per month (includes required dual line transmission and daily timer test). After reviewing the quotes, you may find that due to cost you may like further changes. Please feel free to contact us to discuss any changes. Thank you. Sincerely, TRI-XECUTEX CORPORATION Ronald M. Podojil RMP:jf enclosure Babe's Rou~e 66 (formerly Peppermint Elephant} Proie~ Aaaxes5 1015~ Foothill Blvd. ~mmen~ By S~an De~tonio Dace ~rch 31,199~ ~mmen~: C~ 94-08 ~ ET 94-01 Scot~ ~hy 1. Mini~ ~idth of drive~ys for Fire Dept. access is 26 fee~. 2. Occu~n~ load '~lculations on site pl~ face shee~ co~lic~ ~h ca~cities sho~ on floor ply- Occu~cy is ~ A 2.1 ~sed on his~o~l ~e~ size and ~esent ~lcula~ions. Fire De~t. ~11 dete~ine ~xi~ u~cities o{ all ~blic assembly areas withou~ "~udin{-uD" to the nex~ higher or ~actorin~ in 10% overcrowdin~ flare noted in ~ifon Fire Code 25.114fb~. Fire Alan System re,red by ~ifon Fire Code Article 14. Fire Dete~tion System retired by RC~D Ordinance 15. Fire S~ink~ers re~ired by RC~D ~dinance 15. Central Station ~nitoTing ~ired ~or above no~ed ~v~tems_ 4. ~ox ~x retired. 5. A ~oblem wi=h exiling is an~ici~ed with new ~blic exit ou~ ~f east ~I1 in [o~er ~lchen area. ~is ~y n~ be a sa[e exit ~th due ~o line. ~ ~eT~e~cv li[h~i,[ ~l~a ~h,,,ah,-~ ~.~al-g ~-- all ~lhways. 7. ~e~e is {ood ~oln~ =o ~ pve~red? E~s~ing Kitchen and built-in [ire =ecEion sys=e~ are eli~nated on plan. 8. ~a~ me=hod of f~d hea=ing is ~o~s~d for b~fel =abl~s? 9. I~ is reco~ended a ~rking s~ce a~ =he rain en=nnce ~ rese~ed desi~a=ed lot emergency vehicXes only. Project Babe's Route 66 (formerly Peppermint Elephant) Address 10134 Foothill Blvd. Comments By. Susan DeAntonio .Date March 31, 1994 Comments: Continued 10. Special care required to bring interior finish of long vestibule up to min- mt~ I hour requirement. 11. Different floor/seating plans will be required if use changes in area from day to day. Fire Dept. must aVVrove all orior to implementation. Scott - P/e need a site plan that is le~iblq, Please provide a larger size. Thanks, Susan ~ *** LOCATION INQUIRY RESPONSE *** MLi: 32909 ADR:10110 FOOTHILL BL CITY:RCC MAP:21246880220970 RD:RC030 FD:FTHOSD *** INCIDENT SUMMARIES *** 082187 DISTURBING THE PEACE LOC 70020712 100487 PETTY THEFT LOC 870022819 101387 PETTY THEFT LOC 870023510 101787 NON-INJURY TRAFFIC COLLISION LOC 870034151 120487 HIT & RUN NON-INJURY LOC 880008052 020688 PETTY THEFT LOC 880013505 030188 SUSPICIOUS PERSON LOC 880016905 031688 BURGLARY LOC 880021617 040688 PETTY THEFT LOC 880031346 052088 PETTY THEFT LOC 880037006 061588 PETTY THEFT LOC 880041596 070588 RESISTING POLICE OFFICER LOC 880048547 080388 PETTY THEFT LOC 880054137 082788 NON-INJURY TRAFFIC COLLISION LOC 880054231 082888 PETTY THEFT LOC 880057115 090888 ANNOYING TELEPHONE CALLS LOC 880058037 091388 FOUND PROPERTY LOC 880058834 091688 GRAND THEFT LOC 880059540 091988 PSYCHO/MENTAL DISORDER LOC 880066700 101988 DISTURBING THE PEACE LOC 880069207 103088 PETTY THEFT LOC 880070553 110588 PETTY THEFT LOC 880070942 110688 TC WITH MAJOR INJURIES LOC 880079042 121188 PETTY THEFT LOC 880079507 121388 PETTY THEFT LOC 880080486 121888 DRUNK IN PUBLIC LOC 890002795 011389 DRUNK IN PUBLIC LOC 890003712 011789 PETTY THEFT LOC ~0004261 011989 TC WITH MINOR INJURIES LOC 021089 PSYCHO/MENTAL DISORDER LOC 890012642 022189 PETTY THEFT LOC 890014630 022889 PETTY THEFT LOC 890019987 032089 PETTY THEFT LOC 890020863 032489 PETTY THEFT LOC 890021534 032689 PETTY THEFT LOC 890021983 032889 PETTY THEFT LOC 890024445 040489 PETTY THEFT LOC 890025452 040889 PETTY THEFT LOC 890025671 040889 PETTY THEFT LOC 890032383 043089 PETTY THEFT LOC 890045903 061489 BURGLARY LOC 890055901 071289 PETTY THEFT LOC 890056660 071589 PETTY THEFT LOC 890059526 072389 BURGLARY LOC 890063423 080389 PETTY THEFT LOC 890065238 080889 PETTY THEFT LOC *** LOCATION INQUIRY RESPONSE *** MLi: 329G9 ADR:10110 FOOTHILL BL CITY:RCC MAP:2!246880220970 RD:RC030 FD:iTHECC *** INCIDENT SUMMARIES *** CONTINUED 890066253 081089 PETTY THEFT LOC 890070092 082189 PETTY THEFT LOC 890074905 090489 DRUNK IN PUBLIC LOC 890079087 091689 UNLAWFUL POSSESSION MARIJUANA LOC 890084479 100289 DRUNK IN PUBLIC LOC 890084577 100389 PETTY THEFT LOC 890086014 100789 MALICIOUS MISCHIEF LOC 890086636 100989 PETTY THEFT LOC 890088744 101589 PETTY THEFT LOC 890097050 110789 PETTY THEFT LOC 890098399 111089 PETTY THEFT LOC 890102022 112089 PETTY THEFT LOC 890112110 121989 PETTY THEFT LOC 890112229 121989 HIT & RUN NON-INJURY LOC 900009592 012790 PETTY THEFT LOC 900016618 021490 PETTY THEFT LOC 900022658 030190 PETTY THEFT LOC 900028934 031790 PETTY THEFT LOC 900029368 031990 ROBBERY LOC 900029739 032090 PETTY THEFT LOC 900030534 032290 PETTY THEFT LOC 900053978 052390 ROBBERY LOC 900055517 052790 PETTY THEFT LOC 900060574 060990 PETTY THEFT LOC 900082669 080890 PETTY THEFT LOC 900083540 081190 PETTY THEFT LOC 900085344 081690 PETTY THEFT LOC 900089415 082790 PETTY THEFT LOC 900105643 100790 BURGLARY LOC 900106736 100990 PETTY THEFT LOC 900111319 102190 POSS/WFG/SELL DANGEROUS WEAPON LOC 900116590 110490 PEDCK LOC 900119247 111090 PETTY THEFT LOC 900121712 111790 ROBBERY LOC 900131960 121490 PETTY THEFT LOC 900136052 122690 ROBBERY LOC 910006973 011991 PETTY THEFT LOC 910011178 012991 PETTY THEFT LOC 910012893 020391 ROBBERY LOC 910019718 021991 PETTY THEFT LOC *** LOCATION INQUIRY RESPONSE *** MLi: 32909 ADR:10110 FOOTHILL BL CITY:RCC MAP:21246880220970 RD:RC030 FD:FTH000 *** INCIDENT SUMMARIES *** CONTINUED 10039781 041291 PETTY THEFT LOC 7838 050891 PETTY THEFT LOC 910053801 051891 PETTY THEFT LOC 910057993 052991 NON-INJURY TRAFFIC COLLISION LOC 910065279 061691 PETTY THEFT LOC 910067254 062191 PETTY THEFT LOC 910068302 062391 PETTY THEFT LOC 910072695 070591 PETTY THEFT LOC 910076141 071391 ROBBERY LOC 910080746 072591 PETTY THEFT LOC 910082014 072891 PETTY THEFT LOC 911100975 082491 PETTY THEFT LOC 911101080 082691 ROBBERY LOC 911101092 082791 PETTY THEFT LOC 911101124 082891 PETTY THEFT LOC 911101547 090891 PETTY THEFT LOC 911101823 091491 PETTY THEFT LOC 911102196 092391 INCIDENT/MISC LAW INF CALL LOC 911103060 101391 PETTY THEFT LOC 911103258 101891 BRANDISHING A WEAPON LOC 911103418 102191 PETTY THEFT LOC 911103689 102891 PETTY THEFT LOC 911104346 111391 PETTY THEFT LOC 911104678 112091 ROBBERY LOC 911104998 112791 PETTY THEFT LOC 911105022 112891 PETTY THEFT LOC 911105144 120291 PETTY THEFT LOC 921100112 010392 PETTY THEFT LOC 1100436 011192 PETTY THEFT LOC )1018 012692 PETTY THEFT LOC )1282 013192 PETTY THEFT LOC 921101711 021192 PETTY THEFT LOC 921101751 021192 PETTY THEFT LOC 921102664 030592 PETTY THEFT LOC 921102953 031392 PETTY THEFT LOC 921102993 031492 PETTY THEFT LOC 921103314 032292 PETTY THEFT LOC 921103464 032592 BURGLARY LOC 921105645 051792 A~gSAULT ON DEPUTY REPORT LOC 921106438 060692 ROBBERY LOC 921106645 061192 BURGLARY LOC 921106674 061292 INCIDENT/MISC LAW INF CALL LOC 921107063 062292 PETTY THEFT LOC 921107102 062392 ROBBERY LOC 921107917 071692 EMBEZZLEMENT LOC 931106301 053193 MALICIOUS MISCHIEF LOC 931107985 071093 DRUNK IN PUBLIC LOC 931113240 111393 TC WITH MINOR INJURIES LOC ADR:10120 FOOTHILL BL CiTY:RCC MAP: RD: *** INCIDENT SUb!MARIES *** 880016297 031388 PETTY THEFT LOC 880026639 042988 DRUNK IN PUBLIC LOC 880035761 060988 VEHICLE TOW REPORT LOC 880050205 081188 DRI/NK IN PUBLIC LOC 880057403 091088 BURGLARY LOC 880065633 101588 PC602 5 LOC 900010439 012990 CHILD ABUSE LOC 900129993 120890 BATTERY LOC 910051123 051291 PC273 5 LOC 910054264 052091 MALICIOUS MISCHIEF LOC 910065674 061791 MALICIOUS MISCHIEF LOC 911105732 121791 ANNOYING TELEPHONE CALLS LOC 921100232 010692 FALSE ID TO AN OFFICER LOC 921100280 010792 INCIDENT/MISC LAW INF CALL LOC 921101053 012692 ASSAULT ON DEPUTY REPORT LOC 921104782 042592 DRUNK IN PUBLIC LOC 921105338 050992 CHILD ABUSE LOC 921105396 051092 PC273 5 LOC 921107221 062792 PC273 5 LOC 921111846 102592 PETTY THEFT LOC 921112386 110792 PC261 5 LOC 921114252 122292 RESISTING POLICE OFFICER LOC 931100391 011093 BEYOND PkRENTAL CONTROL/ETC LOC 931101028 012493 DRUNK IN PUBLIC LOC 931110461 090793 TERRORIST THREATS LOC 941100159 010494 UNDER INFL CONTROLLED SUBSTANC LOC 941105914 051494 FELONY SPOUSE BEATING LOC To Whom It May Concern: This letter is in regards to some concern that the city would like an explanation on how to control the parking area for Motel 66 Shop And Go and the Leased Premises. The reason why the previous tenant, better known as the "Peppermint Elephant", had to vacate the Leased Premises are as follows: Motel 66 Parkinq Area Motel 66 has 13 parking spaces around the building exclusively. The way my manager makes sure that no one else uses these spaces but the tenants is by enforcing these rules for the last 17 years without any significant problem: a. I have a manager residing in the Motel 66 at all times maintaining the rules and regulations that I requested from her to enforce. b. There is a sign on the motel that indicates parking for Motel 66 tenants only. c. The parking stripes are painted in yellow, distinguishing them from the rest of the parking area. d. Red plastic traffic cones are placed in Motel 66 spaces when tenants do not occupy them. e. Towing area posted. If any unauthorized car parks in the space the manager will contact the Leased Premises to announce that the car is wrongfully parked and will be towed away unless the owner of the car moves the vehicle. Shop And Go Convenience Store Shop And Go has 6 exclusive parking spaces per its Lease agreement in front of the store and there are 2 employees working at the store at night. It will be very easy for them to control who parks in the front more than five minutes. As you know convenience stores are to buy and leave quickly. If a car is parked more than 10 minutes the manager will notify the Leased Premises as stated above in paragraph e. During my last 12 years of operations I have had very insignificant problems as to the parking area and my manager has enforced it very effectively. If any violations we have had usually occur during busy times on Fridays and weekends. Such violation only occur rarely. Peppermint Elephant The above party who leased from me the Leased Premises owe me a large sum of money in excess of $120,000 which they were supposed to pay to me on schedule on a monthly basis. They have not honored their agreement and I had no other choice but 'to evict them. To add to this, they did some remodeling without permit from the city. I am willing to cooperate with the city on any level to make sure that all these requirements are met by the city. Sincerely, Eddie Lakkees RESOLUTION NO. 94-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RA_NCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE pERMIT NO. 94-08, A REQUEST TO ESTABLISH A NIGHT CLUB AND SPORTS BAR, INCLUDING ENTERTAINMENT, AMUSEMENT DEVICES (VIDEO/ARC~iDE GAMES), AND THE ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES, WITHIN AN EXISTING BUILDING IN THE COMMUNITY COM/{ERCIAL DESIGNATION (SUB~_REA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134 FOOTHILL BOULEVARD, EAST OF HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-601-07 AND 08. A. Recitals. 1. John Sanchez has filed an application for the issuance of Conditional Use Permit No. 94-08 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 8th day Of June 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on June 8, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the north side of Foothill Boulevard, approximately 170 feet from the Hermosa Avenue intersection, with a street frontage of 132 feet and lot depth of 387 feet and is presently developed with a commercial building, formerly used as a night club; and b. The property to the north of the subject site is designated for commercial uses and is vacant. The property to the south of the site is designated for commercial uses and is developed with a restaurant. The property to the east is designated for commercial uses and is developed with a house converted to an office. The property to the west is designated for commercial uses and is developed with a motel and convenience market; and c. Night clubs serving alcoholic beverages and/or providing entertainment are allowed in the Community Commercial designation of the Foothill Boulevard Specific Plan subject to review and approval of a conditional use permit application; and PLANNING COMMiSSiON F DLUTiON NO. ~4-42 CUP 94-08 - JOHN SANCa~Z June 8, 1994 Page 2 d. The subject property is within a designated Activity Center pursuant to the Foothill Boulevard Specific Plan; and e. The development of the night club and sports bar is consistent with the Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and f. The application proposes to upgrade the site to include providing additional parking and landscaping consistent with the requirements of the Foothill Boulevard Specific Plan and the Development Code; and g. The application, with the attached conditions of approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and the Development Code, 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this commission hereby finds and concludes as follows: a. That the proposed use is in accord with the General Plan, the objectives of the Development code, and the purposes of the district in which the site is located; and b. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. That the proposed use complies with each of the applicable provisions of the Development Code. 4. Pursuant to State CEQA Guidelines, it has been determined that the proposed project does not have the potential for causing significant effects on the enviroD_ment. The project has been determined to be exempt from CEQA pursuant to Section 15061(b)(3). The Planning Commission, having final approval -'over this project, has reviewed and considered this exemption, including the comments received during the public review process, prior to the approval of this project. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) Roof screening shall be provided on all sides to screen views of the existing and new roof- mounted equipment. The final design of the screen shall be reviewed and approved by the City Planner prior to the issuance of building permits or commencement of use, whichever comes first. PLANNING COmMISSiON OLUTiON r;O. 54-42 CUP 94-08 - JOHN SAN~nEZ June 8, 1994 Page 3 2) A decorative metal fence within a landscape planter shall be provided between the parking area for the night club and the motel/convenience market. The planter shall be a minimum of 5 feet in width and may be located on the adjoining property. The final plans shall be reviewed and approved by the City Planner prior to the issuance of building permits or commencement of use, whichever comes first. 3) Landscaping and herdscape shall be installed across the Foothill Boulevard frontage within the 2B-foot building setback area, as measured f~om the ultimate curb, consistent with the requirements of the Foothill Boulevard Specific Plan activity center. The developer may defer the portion within the public right-of-way subject to contribution towards future construction and shall be provided prior to building permit issuance. 4) Accent paving shall be provided at the project entry outside of the public right-of-way. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance or commencement of use, whichever comes first. 5) The building shall be repainted. The final color shall be reviewed and approved by the City Planner prior to building permit issuance or commencement of use, whichever comes first. 6) Security personnel shall be provided within the parking area at all times during the evening and night hours. 7} The building shall comply with all requirements of the Rancho Cucamonga Fire Protection District. The plans shall be reviewed and approved by the Fire District prior to building permit issuance and compliance with all requirements shall be obtained prior to commencement of use of the building and site. 8) The building shall comply with all requirements of the Uniform Building code. The plans shall be reviewed and approved by the Building Official prior to building permit issuance and compliance with all requirements shall be obtained prior to commencement of use of the building and site. PLANNING COMM, ISSiON: 'OLUTiON NO. ~4-42 CUP 94-08 - JOHN SANL._Z June 8, 1994 Page 4 9) Approval is granted for a night club, sports, bar, amusement devices (video/arcade games), and entertainment as identified in Entertainment Permit 94-01. No adult entertainment is permitted. 10) If the operation of the business creates law enforcement and/or fire safety problems, such as but not limited to, loitering and disturbances, noise, overcrowding, blocked fire exits, etc., this Entertainment Permit shall be brought before the Planning Commission for consideration Of modification and/or revocation. 11) All existing signs shall be removed or modified, subject to City Planner review and approval of a Sign Permit, to conform to the City's Sign Ordinance. 12) The site plan shall be revised to construct the 5-foot landscape planter located at the north end of the site, west of the new parking area, completely within the subject property. 13) Concrete bumper stops shall be provided in the three parking spaces located at the northeast and northwest corners of the building to prevent cars from hitting cars parked in the adjoining spaces. 14) The hours of operation shall be limited to 11 a.m. to 12 midnight, Sunday through Wednesday, and 11 a.m. to 2 a.m. Thursday through Saturday. 15) A copy of this Resolution shall be attached to any lease for this space. 16) This approval shall become null and void if a Certificate of Occupancy is not issued within 18 months from the date of approval, unless an extension has been grated by the Planning Commission. This Conditional Use Permit shall be monitored and brought hack to the Planning Commission within six months from occupancy to review compliance with all Conditions of Approval and applicable city ordinances. Failure to comply with the Conditions of Approval or applicable city ordinances shall cause the suspension of the Conditional Use Permit and possible revocation of the Conditional Use Permit by the Planning Commission. CUP 94-08 - JOHN SAN~ June 8, 1994 Page 5 17) A decorative metal fence shall be installed around the perimeter of the site. Enqineerinq Division 1) A subdivision map (parcel map) shall be performed as required by the City Engineer prior to the issuance of building permits. 2) Contribution towards the construction of full frontage improvements on Foothill Boulevard for Parcel No. 1077-601-07 shall be provided prior to building permit issuance. 3) Install the median, including landscaping and irrigation, on Foothill Boulevard. a) The minimum limits of the median shall be determined by Caltrans and the City Engineer. The existing pavement shall be widened as necessary to accommodate the median, four travel lanes, and sufficient shoulder within the existing right-of-way. The developer shall be eligible for reimbursement as redevelopment/development occurs to the full amount, less the value of his frontage. b) If all other conditions of approval have been met to occupy the structure and calTrans has not determined if the median will be allowed, the applicant may post a cash deposit or other security acceptable to the City Engineer to Cover the cost of the median installation. The deposit amount shall be established by the City Engineer and shall be paid prior to occupancy of the structure. c) If Caltrans does not allow installation of the median, contribution towards one-half the cost of construction of the Foothill Boulevard median, including landscaping and irrigation per lineal foot of frontage, shall be provided prior to building permit issuance. 4) Contribution toward the cost per linear foot of undergrounding, as defined by ordinance, for the lines on the project side of the street shall be provided. CUP 94-0S - jOHN June 8, 1994 Page 6 5) An ingress/egress easement shall be provided for all adjacent properties. 6) Connection to the private drainage system to the back of the basin on Hermosa Avenue requires structural analysis. Substantiate both the structural integrity of the existing basin with the proposed connection and the structural integrity of the method of connection to the basin. 7) The vehicle stacking distance from Foothill Boulevard shall be 75 feet from the ultimate fa~e of curb. The final plans shall reflect this requirement and shall be reviewed and approved by the City Engineer prior to the issuance of building permits. 6. The secretary to this Commission shall certify to the adoption Of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994. PLANN E CITY OF RANCHO CUCANONGA I, Brad Bullet, Secretary of the Planning commission of the City of Rancho Cucamonga, do hereby cer~:ify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of June 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS SUBJECT: APPLICANT: Those items checked are Cond~ions of ~pmval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. T~me LImits c,=m,,~mm ~= X1. Approval shall expire, unless extended by the Planning Commission, if building permits are ----/ / not issued or approved use has not COmmenced within 24 months from the date of approval. 2. Development/Design Review shall be approved prior to ~' / , / / 3. Approval of Tentative Tract NO. is granted subject to the approval of __/ / 4. The developer shall COmmence, participate in, and COnsummate or cause to be COmmenced, ---/ / participated in. or consummated, a Mello-Roos Community Fadlities District (CFD) for the Rancho Cucamonga Fire Protection Distdct to finance COnstruction and/or maintenance of a fire station to serve the development. The station shall be located, designed, ar~ built to all specifications of the Rancho Cucamonga Fire Protection District. and shall become the Oistdct's property upon COmpletion. The equipment Shall be selected by the District in accordance with its needs. In any building of a station, the developer shell cornply with ait al:~licable laws and regulations. The CFD shell be formed by the District and the developer by the time recordation of the final map occurs. 5. Prior to recordation of the final map or the issuance of building permits, whichever comes __./ / first, the applicant shall COnsent to, or participate in, the establishment of a Melio-Roos Community Facilities Dimrid lot the COnstruction and maintenance of necessaW SChool facilities. However, if any school district has previously established suc~n a Community Facilities District, the applicant shall, in the alternative, COnsent to the annexation of the project site into the territory of such existing District prior to the reCordation of the final map or the issuance of building permits, whichever COmes first. Further, it the affected SChool district has not formed a Melio-RooS Community Facilities District within twelve months frOm the date of apprOval of the project and prior to the recordation of the final map of issuance of building permits for said project, this COndition shall be deemed null and void. ~ - 12/93 I of 12 This condition shall be waived ff the City receives notice that the applicant and all alfected scho~t districts have entered into an agreement to pnvately accommodate any and all school impacts as a result of this project. 6. PriOr tO recordation of the final map or prior tO issuance of building perm ts when no map s .__/ / involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department ot Community Development. Such letter must have been issued by the water district wit bin 90 days prior to final map approval in the case of subdivisiOn or prior to issuance of permits in the case of all other residential projects. B. Site Development ./,~' 1. The site shall be developed and maintained in accordance with the approved plans which .__/ / include site plans, architectural elevations, exterior materials and colore, landscaping, sign program, and grading o. ,i,e i. ,he' ; co.,ained he,e,n. Development Code regulations, and Specific Plan and Planned Community. t 2. Prior to any use of the project site or business activity being commenced thereon, all ._./ / Conditions of Approval shall be completed to the satisfaction of the City Planner. /'~ 3. OccuPancYofthefacilifyshallnotcomrnenceuntilsuchtimeasallUniformBuildingCodeand __/ / State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. Y// 4. Revised site plans and building elevations incorporating all Conditions of ApprOval shall be ._J /. submitted for City Planner review and approval prior to issuance of building permits. ,/~ 5. All site, grading, landscape, imgation, and street imprOvement plans shall be coordinated for -.--/ / consistency priorto issuance of any permits (such as grading, tree removal, encrOachment building. etc.), or prior to final map approval in the case ol a custom lot sulxlivision, or approved use has commenced, whichever comes firsl. 6. Approval of this request shall not waive compliance with all sections of the Development ._J / Code, ,all other applicable City Ordinances, and applicnhle Community Plans or Specific Plans in effect at the time of Building Permit issuance. ~(~ 7. A detailed on-site lighting plan shall be reviewed and apprOved by the City Planner and / / Sherltrs Department (989-6611) pdor to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pic~-up shall be for individual units ._J / with all receptacles shielded frOm public view. ~' 9. Trash receptacle(s) are required and shall meet City standards. The final design, iocetions .J / and the number of trash receptacles shall be subject to City Planner review and apprOval prior to issuance of building permits. 10. All grOund-mounted utility apf~urtenances such as transformers, AC condensers, etc., shaft __./_ _ J __ be located out of public view and adequately screened through the use of a combination of ' concrete or rnasonn/walls, berming, and/or landscaping to the satisfac'ticn of the City Planner. sc - t2/93 2or t2 11. Street names shall be submitted for City Planner rev,ew and approval ,n accordance with ~ ,__ the adopted Street Naming Policy prior to approval of the final map. 12.All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical condit one, fencing, and _._/ / weed control, in accordance with City Master Trail drawings. shall be submitled for City Planner review and approval priorto approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails. including fencing and drainage devices. in conlunction with street improvements. 14. The Covenants. Conditions and Restrictions (CC&RS) shall not prohibit the keeping of equine __ / animals where zoning requirements for the keeping ol said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concun'ently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer· 16. Allparkways, openareas, andlandscapingshall be permanently maintained bytheproperty .__./ / owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or .--/ / dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system· The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordalton of the linai mad or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures or any other object, except lot utili~ wires and similar objects, pursuant to Development CoOs Section 17.08.060-G-2. 18. The project contains a designated Historical Landmark. The site shall be developed and .._J / maintained in accordance with the Historic Landmark Alteration Permit No. · Any further modifications to the site including, but not limited to, exterior alterations and/or interior alterations which 8ffecl the exterior of the buildings or structures, removal of landmark trees. demolition, relocatlon. reconstruction of buildings or stnJctures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit suloject to Historic PreservatiOn Commission review and approval. C. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units ---/ / and lot heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming Ix~ols installed at the time of initial development shall be supplemented with solar heating. Details Shall be included in the building plans and snail be submitted for City Planner review and approval prior to the issuance of I~uilding permits. 2. All dwellings shall have the front. side and rear elevations up<Jraded with architectural ----J / treatment. detailing and increased delineation of surtace treatment subject to City Planner review and approval pnor to issuance of buttcling permitS. 3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for / / City Planner and Building Official review and approval prior to issuance of building permits. ~ 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _._/ /. projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular ACCess (Indicate details on hullcling plans) ,A~/ 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall __J / contain a 12-inch walk adjacent to the parking stall (including curo). .2. Textured pedestrian pathways and textured pavement across circulation aisles shall be ---J / provided throughout the development to connect dwellings/units/buildings with open spaces/ plazas/recreational uses. y 3. All parking spaces shall be double striped per City standards and all driveway aisles, __/ / entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers if driveways are less than18 feet in .--J / depth from back of sidewalk. 5. The Covenants, Conditions and Restrictions shall restdct the storage of recreational vehicles ~ / on this site unless they are the principal source of transportation tor the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 6. Plans for any security gates shall be submitted for the City Planner, City Engineer, and .--/ /.__ Rancho Cucarnonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publicly maintained landscape areae, refer to Section N.) ~ 1. A detailed landscape and irrigation plan including slope planting and model home andscap- .__/ / ~ng ~n the case of residential development, shall be predated by a licensed landscape architect and submitted for City Planner review and al;~oroval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier .__/ / m accordance with the Mu nici~at Code Section 19.08.110, and so noted 0 n the grading plans. The location of those trees to be preserved in place and new locations fortransplanted trees shall be shown on the detailed landscape plans. The al~licanl shall follow all of the aroorist's recommendations regaling preservation, transplanting and trimming methods. 3. A minimum Of trees per gross acre, cempdsed of the following sizes, shall be provided / / w~hin the project: % - 48- inch pox or larger, % - 36- inch box or larger, % - 24- inch IDO= or larger, % - 15-gallon. and __ % * 5 gallon. /'~ 4. A minimum of ,~ % of trees p anted within the project shall be specimen size trees - / / / - 24-inch pox or larger. 5. Within parking lots. trees shall be planted at a rate of one 15-gallon tree for every three .__/ / parking stalls. sufficient to shade 50% of the parking area at solar noon on August 21. sc. 12/93 4 of 12 6. Treesshallbeplantedinareasofpublicviewadjacenttoandalongstructuresatarateo/one tree per 30 linear feet of building, 7. All private slope banks 5 feet or less in vertical height and of 5:1 or greater slope, but less than __j / 2:1 slope. shall be, at minimum. irrigated and landscaped with appropnate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 8. AIIprivateslopesinexcessof5feet.butlessthanafeet inverticalheightandol2:lorgreater ---J / slope Shall be landscaped and irrigated for erosion control and to softer their appearance as follows; one 15-gallon or larger size tree per each 150 sq. ft. ol slope area, 1 -gallon or larger size shrub per each 100 sq. li. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include One 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting requirecl by this section shall include a permanent irrigation system to be installe~l by the developer prior to occupancy. 9. For single family residential development. all slope planting and irrigation shall be continu- ously maintained in a he allby and thriving condillon by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those u nits, an inspection shall pe conducted by the Planning Division to determine that they are in satislactory condition. 10. For multi-family residential and non-residential development, propetb/owners are respen- ._J / sible for the continual maintenance ot all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept tree from weeds and debris and maintained in a healthy and thdving condition, and shall receive regular pruning. fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant malerial snail be replaced within 30 days from the date of damage. 11. Front yard landscaping shall be required per the Development Code and/or J / · This requirement shall be in a(idition to the required street trees and slope planting. 12. The final design ol lhe perimeter parkways, walls, landscaping, and sidewalks shall be j / includad in the requirad laodscape plans ang shall be subject to City Planner review aod approval and coon:linate~l for consistency with any pails'way laodscal~ing plan which may be required by the Engineering Division. 13. Special land 42~ ;1~;..;.:': ',-:.:t~, ""c~-'_12:'! _'2h2"*~}. _-. .'~_ :.::';.2.-:'::. '; ,j~-.~;,,~, is required along 14. Laodscapin~ ar~ irrigation systems required to be installed within the public rig~l-ol-way on / / the perimeter of this project area shall be continuously maintaineq by the developer. 15. All walls shall be provided with decoralive treatment. Iflocate{I in J / lhe desert shall be cooffiinated with the Engineering Division. 16. Tree maintenance criteria shall be developad ar"~l submitrod for City Planner review ar,~l _j _ J approval prior to issuance of building permits. These cntena shall encourage the natural growth characterislics ol the selected tree species. 17. Landscaping and irrigation shall be designed to conserve water through the principles of _J Xeriscape as define~l in Chapter 19-16 of the Ranebb Cucamonga Municipal SC - 12/93 5oi' 12 F. Signs X 1. The signs indicate~ on the submitte~ plans are conceptua~ only an~ not a pa~ of this approval. Any signs pro~sed for this development shall comply with t~e Sign Ordinance a~ shall require separate application and approval by the Planning Division prior to installation of any s~gns. 2. A Uniform Sign Program for this development shall be submi~ed for City Planner review a~ approval pdor to issuance of building perm~s. 3. Directo~ monument sign(s) shall be provided for apartment, condominium, or townho~s prior to occupancy and shall require separate application and approvat by the Ptanni~ Division pdor to issuance of building pe~s. G, Environmental 1. ~e developer shall provide each proSp~ive buyer wrffien ~tice of the Fou~h Street Ro~ C~sher project in a~tandard focal as dete~in~ by the C~y Planner, prior to accepti~ a cash de~s~ on any pmpe~. 2. ~e developer shall provide each prospe~ive ~yer wrffien ~t~e of the C~y A~pt~ Special Stuaies Zone for the Re~ Hill Fault. in a standard format as dete~in~ by the C~y Planner, prior to accepting a cash de~s~ on any prO~. 3. The developer shall provide each prospe~ive buyer wrffien ~t~e of the Foothill Freeway proje~ in a standar~ focal as determined by the C~y Planner, pdor to a~epting a cash deceit on any property. 4. A final acou~ical repo~ shall ~ subm~ed for Ci~ Planner review a~ ~pmval pdor to the ~ssua~e of building pe~its. The final rein shall dis~ss the level of intedor ~ise a,enuat~ntobe~w45CNEL, the~i~ing matedals and constm~iontechn~ues provid~. and ~ appropriate, verify the ad~uacy of the mitigat~n ~asures. The bui~i~ plans will ~ checked for contormance with the mit~ation measures coffiain~ in the final rein. H. ~her Agencies 1. E~rgencYse~nda~ac~ssshallbeprov~ina~a~ew~hRa~Cucam~aFire Prote~ion Distri~ Sta~ards. 2. E~rg~ncyaccessshall~pmv~,maintena~efreea~clear, a mini~mof26feetw~e at all times duri~ constm~n in a~rda~e w~h Ra~ho Cu~m~a Fire Pmt~n Oistr~ r~uim~nts. 3. Pr~r to is~a~e of ~i~i~ pe~its for ~m~ustible ~nst~n, evide~e shall ~ su~mffi~ to the Ra~ Cu~nga Fire Proration Oist~ that tem~ra~ water ~ for fire pmt~n is avail~le. pe~i~ complet~n of required fire prole~n system. 4. ~e a~li~m shall conta~ the U. S. Postal Se~e to dete~ine the ~mpdate ty~ a~ ~ation of mail ~xes. Muff-family res~ential developments s~all prov~e a ~1~ oveffiead stature lot mail boxes with adequate lignti~. ~e final ~at~n of the mail ~xes and the des~n of Ine ovemead stature shall ~ subj~ to C~y Planner revi~ a~ a~oval p~r to the issua~e of ~i~ing pe~s. 5. For projects using septic tank facilities. writlen certification of acceptability, including all -~J / supportive information, shall be obtained from the San Bernarffino County Department ot Environmental Health and submittea to the Building Official prior to the issuance ot Septic Tank Permits. and prior to ~ssuance of budding permits. SC - ~2/93 6of ~2 APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site Development ~/' 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- cal Code, Uniform Plumbing Code, Nationai Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts, 2. Prior to issuance of building permits for a new residential dwelling unit(s) or maior addition ----/-~/ to existing unit(s), the applicant shall pay development fees at the establishe~ rate. Such fees may include, but are not limited to: City Beautification Fee, Par~ Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. X 3. Prior to issuance of .building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4.Stree~addressessha~~bepr~vidodbytheBuifding~~icia~~aftertract/parce~maprec~rdation and prior to issuance of building permits. J. Existing Structures X 1. Provide compliance wifh the Uniform Building Code for the property line clearances .--J / considenng use, area, and fire-resistiveness ot existing buildings. 2. Existing buildings shall be made to comply with correct building and zoning regulations for *---/ / the intended use or the building shall be demolished. 3. Existing sewage disposal facilities shall be removed, filled ancYor cappoe to comply with the / / Uniform Plumping Code and Uniform Building Code. .~.__4. Underground on-site utilities are to be located and shown on building plans submitted for .__/ / building permit application. K. Grading 1. Grading of the subject property s.hall be in accp. rdance with the Uniform Building Code, Ci~/ / / Grading Standards. and acceple~l graffing'pradl~;:es.' The !thai grading plan Shall be in substantial conformance with the approved grading plan. ____2. A soils report shell be prepared by a qualified engineer licensed by the State of Calffomia to ----./ / perform such work. 3. The development is located within the soil erosion control pounclades; a Soil Disturbance / / Permit is required. Please contact San Bernardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City phor to the issuance ol rough gracling permit. 4. A geological report shah be prepared by a qual~ied engineer or geologist and submitted at --/ / the time of application for grading plan check. 5. The~na~gradingp~anssha~bec~mp~e~e~andappr~ve~priort~issuance~buik:~ingpormits~ ; 6. As a custom-lot subdivision, the following requirements small be met: a. Surety shall be I:x~sted and an agreement executed guaranteeing completion of all on-site ---/ / -- drainage facilities necessary for alewatering all parcels to the satisfaction of the Building and Salety Division prior to final map approval and prior to the issuance of grading permits. b. A~propriate easements for safe disposal of drainage water that are conducted onto' ~ / or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for alewatering and protecting the subdivided ----/ / properties, are to be installed pdor to issuance of building permits for COnstruction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. d. Final grading plans for each parcel are to be submitted to the Building and Safety --J / Division for approval prior to issuance of bu tiding and grading permits. (This may be on an incremental or COmposite basis.) e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses .---/ / or planted with ground cover for erosion control upon completion of grading or SOme other alternative method of erosion control shall be COmpleted to the satisfaction of the Building Official. In addition a permanent irrigation system shall be provided. This requirement does not release the alc~olicant/deveioper from compliance with the slope planting requirements ol Section 17.08.040 I of the Development Code. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all intedor public streets ..._/ / community trails, public paseos, public landscape areas, street trees, and public drainage factlilies as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. DedicarK~n shall be made of the following rights-of-way on the perimeter streets ---/ / (measured lrOm street centerfine): total leer on total feet on total leet on 3 An irrevocableofferofdedloatlonfor -foot wide roao'way easement shall be made / / for all private streets or drives. 4. Non-vehicular access shall be dedicated to the City for the following streets:,_// __ ~' 5. Reciprocal access easements shall be provided ensuring access to all parcels by CC&R s_.J or by deeds and shall be recorded COncurrently with the map or pdor to Ihe issuance of bu,lding pe=,s. ,,here no map is invo,ved. SC - 12/93 8or 12 6, Private drainage easements for croSs-~ot drainage snail be provided and snail De delineated or noted on the final map. ~ / 7. The final map shall clearly delineate a 10-foot m~nimum building restriction area on the __J / neighboring lot adjoining the zero lot line wall and contain the following language: 'l/we hereby dedicate to the City of Rancho Cucamonga the right to prohibit the construction of (residential) buildings (or other structures) withzn those areas designated on the map as building restriction areas." A maintenance agreement shall also be granted f tom each lot to the adjacent lot through the CC&R'S. 8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on -J / the final map.  9. Easements for public sidewalks and/or street trees placed outside the public right-of-way /..._J shall be dedicated to the City wherever they encroach onto pdvate property. 10. Additional street right-of-way shall be dedicated along right turn lanes. to provide a minimum .J / of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane. a parallel street tree maintenance easement shall be provided. 11. The developer shall make a good faith effort to acquire the required off-site property interests ...._/ / necessary to construct the required public improvements, and it he/she should fail to do so the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 atsuchtimeastheCityacquiresthepropertyihterestsrequiredlortheimprovements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Secudty for a portion of these costs snail be in the form of a cash deposit in the amount given in an appraisal redon obtained by the developer. at developers cost. The appraiser shall have been approved by tlqe City prior to commencement ol tbe appraisal. M. Street Improvements "~ 1. All public improvements (interior streets, drainage facilities, community trails, passes, ._/ / 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. ddve approaches. sidewalks, street lights. and street trees. 2, A minimum of 26- foot wide pavement. within a 40 -foot wide dedicated right-of-way shall be __/ / constructed for all half-section streets. 3. Construct the following perimeter street improvements including, but not limited to: __/ / STREET NAME CURB l A,C. $10~- DRN~ STREET ! STREET CQMM MEDIAN 8~ GUTTER PvM'r WALK APtN:t. .~t-ffS I~EES TRAe it,AND TRNL OTHER Notes: (a) Median island includes landscaping and irrigation on meter (b} Pavement reconstruclion and overlays will be determined dunng plan check. (c) If so marked. side- walk shall be curvilinear per STD. 304. (d) ff so marked, an in-lieu of construction fee shall be provided for this item. 4. Improvement plans and Construction: a. Street improvement plans including street trees and street lights, prepared by a regis- ---/ / tered Civil Engineer. shall be submitted to and appmved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or pdvate street improve- ments. prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public dght..of-way, fees shall be paid and a .--/ / construction permit shall be obtained from the City Engineers Office in addition to any other permits required. c. Pavement stnping. marking, traffic. street name signing, and interconnect conduit .._/ / shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed on any new construction or reconstruction ._../ / of major, secondary or collector streets whiCh intersect with other major, secondary or collector streets for future traffic signals. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR or any other locations approved hy the City Engineer. Notes: / /. (1) All pulp boxes shall be NO. 6 unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch galvanized steel with pullrope. e. Wheel chair ramps shall be installed on all four corners of intersections per City '--/ / Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with ---/ / adequate detours during construction. A street closure permit may be required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon 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 lots. h. Handicap access ramp design shall be as specified by the City Engineer. i. Street names shall be approved by the City Planner prior to submittal for first plan check. ._.J / 5. Street improvement plans per City Standards for all private streets shall be provided for review and approval by the City Engineer. Prior to any work being performed on the pri- vate streets, tees shall be paid and construction permits shall be obtained from the City Engineers Office in addition to any other permits required. X 6. Street trees, a minimum of 15-galicn size or larger. shall he installed per City Standards in _J accordance with the City's street tree program. 5C - 12/93 lOof 12 7. Intersection line of Site designs shaft be reviewed cy the C~ty Engineer for conformance wdh adopted policy. j_ / a. On collector or larger streets. lines of sight shall be plotted for all project intersections. ---/---j including driveways. Walls, signs, and slopes shall be ~ocated outside the lines of sight. Landscaping and other obstructions within the lines of sight shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved, usually by .__/ / mowng the 2 +/- dosest street trees on each side away fro m t he st reet and placed in a street tree easement. 8. A ; A.s ,o, an, wo. w,h,n ,he ,o,iow,ng ,,gnt-o,-w.y:, 9. All public improvements on the following streets shall be operationally complete prior to the ----/ / issuance of building permits: N. PUbliC Maintenance Areas X 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards ---/ / shall be submitted to the City Engineer for review and approval pdor to final map approval or issuance of building permits. whichever occurs first. The following landscape parkways, medians. paseos. easements, trails, or other areas are required tO be annexed into the Landscape Maintenance District: X 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting /.__/ Districts shall be fi led wilh the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall pe berne by the developer. ,~ 3. All required public landscaping and irrigation systems shall be continuously maintained by the ._J / developer until accepted by the City, 4. Parkway landscaping on the following street(s) shall conform tO the results of the respective .__Y / Beautificalion Master Plan: O. Drainage and Flood Control 1. The project {or porlions thereof) is located within a Flood Hazard Zone; therefore, flood / / protection measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. 2. It shall be the developers responsibility to have the current FIRM Zone J / designation removed from the project area. The developers engineer shall prepare all necessary reports. plans. and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, wrtichever occurs first. A Lelter ol Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance. whichever occurs first. _ 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final _._/ / map approval or the issuance ol building permits. whichever occurs first. All drainage fac,ities shall be installed as required by the City Engineer. SC - 12/93 I I of ~2 4. A permit from the County Flood Control Distr~ct is required for wor~ wtlbm nsrlgbt-ot-way 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from Ihe outer edge of a mature tree trunk. ._.j /.__ 6. Public storm drain easements shall be graded to convey ovedlows in the event Of a -.,-J-~--/ blod<,age in a sump catch basin on the public street. P, Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, __/ / / gas, electric power. telephone, and cable TV (all underground) in accordance with the Utilit,/ Standards. Easements shall be provided as required. · ,:' .. ,,X 2. The developer shall ~ responsible for the relocation of existing utilities as necessary. .~/ / 3. Water and sewer plans shall be designed ar~ constructed to meet the requirements of the J / Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Q. General Requirements and Approvals 1. The separate parcels contained within the pro ect beundades ,~lJ be legally c.~robined into '--/ / one parcel prior to issuance of bulk:ling permits. -' -' - ~'~ ' · ' ' '" /( 2. An easement for a joint use driveway shall be provided prior to final map approval or /'/' issuance of building permits, whichever occurs firSt, for: 3. PriOr tO approval of the final map a depOsit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment District among the newly created parcels. 4. Eliwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan ---/ / Drainage Fees shall be paid prior to final map al~oroval or prior to iouilding permit issuance if no map is involved. .5. Permits shall be ol~tained from the following agencies for work within their right-of-way: / 6. A signed consent and waiver form to join and/or form the Law Enforcement Community _._/ / Facilities Districl shall I)e file(I with the City Engineer prior to final map approval or the issuance of building permits, whichever occurS first. Formation costs shall be t)oroe by the Developer. 7. Prior to finalization of any development phase, sufficient iml)rovement plans shall be com- / / pieted beyond the phase ~oundanes to assure secor~lary access and drainage protection to the satisfaction of the City Engineer. Phase I:x)undaries shall correspond to lot lines shown on the approved tentative map. SC - ~2/93 ~2 oi' 12 J GOSSauE 10077 STAFFORD COURT RANCHO CUCA}IONGA, CA 91730 September 14, 1994 '~ ~r ~ANCMO CUCAMONG~ PLANNING DIViSiON SEP 19 1994 Planning Division ~ ~ city of Ranc.o cucamo.ga P.O. Box 807 Rancho Cucamonga, CA 91729 Planning Division: I am writing to express my concern and disapproval of a possible night club and sports bar in my neighborhood. I am referring to the Conditional Use Permit 94-08 - Sanchez (Babe's Club 66). I don't think this type of business should be allowed in our area. Look at the problems Backwaters created. I live, with my two small children, just northwest of the propsed location of Babe's Club 66. I am concerned with the noise, crime, violence, etc. that this type of establishment would bring~ I do not think this is the appropriate location for this type of bushless. Sincerely, Robin L. Gossage ~ September 1, 1994 Engineering Division ~ ~ ~ city of Rancho cucamonga '~' ~ I !! 'i' P.O. Box 807 - Rancho Cucamonga, CA 91729 _7~_D i.)~' 7~ ENGInEERiNG DIV~SiO~ Engineering Division: I would like to address the issue relating to the establis~ent of a nightclub in the Co~unity Co~ercial District, located on the north side of Foothill Boulevard, east of He~osa Avenue ~N 1077-601-O7. I live in a residential area just northwest of the proposed location of the nightclub. I do not feel this type of business would be beneficial to the area. I have two small children and am concerned about the crime, noise, and other related problems associated with this type of business, remember Backwaters~ I would hate to see this nightclub be allowed to open in my neighborhood~ ob~ GossaSe ? ":~ Project: "/Z~i/~~ Title: ~v/$~o ~2~ ~g~ONGA CITY Exhibit: RESOLUTION NO. 94-42A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-08, A REQUEST TO ESTABLISH A NIGHT CLUB AND SPORTS BAR, INCLUDING ENTERTAINMENT, AMUSEMENT DEVICES (VIDEO/ARCADE GAMES), AND THE ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES, WITHIN AN EXISTING BUILDING IN THE COMMUNITY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134 FOOTHILL BOULEVARD, EAST OF HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-601-07 AND 09. A. Recitals. 1. John Sanchez has filed an application for the issuance of Conditional Use Permit No. 94-08 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 8th day of June 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. The Planning Commission, after receiving all testimony, adopted Resolution No. 94-42 approving the application. 3. Following the Planning Commission hearing, the applicant appealed a condition of approval to the City Council. 4. On the 7th day of september 1994, the city council of the city of Rancho Cucamonga conducted a duly noticed public hearing On the application. Based on information presented at the hearing, the Council determined that the Planning Commission's approval was based on incorrect information. Upon advice from Council and ~ith the applicant's consent, the application was referred back to the Planning Commission for reconsideration. 5. On the 28th day of September 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. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on September 28, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 94-42A CUP 94-08 - JOHN SANCHEZ September 28, 1994 Page 2 a. The application applies to property located on the northeast corner of Foothill Boulevard and Hermosa Avenue, with a street frontage of 250 feet along Foothill Boulevard, a street frontage of 132 feet along Hermosa Avenue, and lot depth of 387 feet and is presently developed with a motel, convenience market, and commercial building, formerly used as a night club; and b. The property to the north of the subject site is designated for commercial uses and is vacant. The property to the south of the site is designated for commercial uses and is developed with a restaurant. The property to the east is designated for commercial uses and is developed with a house converted to an office. The property to the west is designated for commercial uses and is developed with a gas station; and c. Night clubs serving alcoholic beverages and/or providing entertainment are allowed in the Community Commercial designation of the Foothill Boulevard Specific Plan subject to review and approval of a conditional use permit application; and d. The subject property is within a designated Activity Center pursuant to the Foothill Boulevard Specific Plan; and e. The development Of the night club and sports bar is consistent with the Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and f. The application proposes to upgrade the site to include providing additional parking and landscaping consistent with the requirements of the Foothill Boulevard Specific Plan and the Development Code; and g. The application, with the attached conditions Of approval, will comply with all applicable standards of the Foothill Boulevard specific Plan and the Development Code, 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and b. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare Or materially injurious to properties or improvements in the vicinity. c. That the proposed use complies with each of the applicable provisions of the Development Code. 4. Pursuant to State CEQA Guidelines, it has been determined that the proposed project does not have the potential for causing significant PLANNING COMMISSION RESOLUTION NO. 94-42A CUP 94-08 - JOHN SANCHEZ September 28, 1994 Page 3 effects On the environment. The project has been determined to be categorically exempt from CEQA pursuant to Section 15301. The Planning commission, having final approval over this project, has reviewed and considered this exemption, including the comments received during the public review process, prior to the approval of this project. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planninq Division 1) The application, and all conditions of approval, applies to property identified as Assessor Parcel Nos. 1077-601-07 and 09. 2) All conditions of approval contained in Resolution No. 94-42 shall apply. 3) The parking area in front of the convenience market shall be redesigned to include 18-foot deep parking stalls adjacent to the store, a 26-foot drive aisle, and 18-foot deep parking stalls south of the drive aisle. The remaining area shall be landscaped. The final plans shall be reviewed and approved by the City Planner and City Engineer prior to building permit issuance. 4) Upon removal of the two driveways in front of the convenience store, landscaping shall be installed. The final plans shall be reviewed and approved by the City Planner and City Engineer prior to building permit issuance. Enqineerinq Division 1) Contribution towards the cost of construction for full frontage improvements on Hermosa Avenue for Assessor's Parcel No. 1077-601-09 shall be provided prior to building permit issuance. 2) Contribution towards the cost of construction for full frontage improvements on Foothill Boulevard for Assessor's Parcel Nos. 1077-601-07 and 09 shall be provided prior building permit issuance. 3) Install the median, including landscaping and irrigation, On Foothill Boulevard: PLANNING COMMISSION RESOLUTION NO. 94-42A CUP 94-08 - JOHN SANCHEZ September 28, 1994 Page 3 effects on the environment. The project has been determined to be CEQA pursuant to Section 15061(b)(3). The Planning Commission approval over this project, has reviewed and considered th including the comments received during the public review : to the approval of this project. / 5. Based upon the findings and conclusions set fl /in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the .cation subject to each and every condition set forth below and in the Conditions, attached hereto and incorporated herein by this referer / Planning Division / l) The application, and all cond ! approval, applies to property identiz as Assessor Parcel Nos. 1077-601-07 and 09./ 2 ) All conditions of contained in esolution NO. 94-42 shall ap/p~]o~2y. 26-foot drive aisle, ahd 18-foot deep parking stalls south of the drxve aisle. The remaining area shall be landscaped. The final plans shall be reviewed and pp 6yea by the City Planner and a r City Engineer prio["to building permit issuance. the//two driveways in front of 4) Upon removal of / the convenience Store, landscaping shall be installed. Th~ x~i/nal plans shall be reviewed and approved b~ I the City Planner and City Engineer prior to building permit issuance. Enqineerinq Divisi6n,/ / / 1) Contribution ,towards the cost of construction for full f~on~age improvements on Hermosa Avenue / for Assess.or's Parcel No. 1077-601-09 shall be p vlded prior to building permit issuance. re 2) Contr'bU~ti/on towards the cost of construction our/~f]V/1//_1/ frontage improvements on Foothill 3) /./lrnstall the median lncludlng landscaplng and PLANNING COMMISSION RESOLUTION NO. 94-42A CUP 94-08 - JOHN SANCHEZ September 28, 1994 Page 4 a) The minimum limits of the median shall be determined by Caltrans and the City Engineer. The existing pavement shall be widened as necessary to accommodate the median, four travel lanes, and sufficient shoulder within the existing right-of- way. The developer shall be eligible for reimbursement as redevelopment/develepment occurs to the full amount, less the value of his frontage. b) If all other conditions of approval have been met to occupy the structure and Caltrans has not determined if the median will be allowed, the applicant may post a cash deposit or other security acceptable to the City Engineer to cover the cost of the median installation. The deposit amount shall be approved by the City Engineer and shall be paid prior to occupancy of the structure. An agreement shall be processed with the deposit Outlining the responsibility Of the applicant to continue the processing with Caltrans for the installation of the median island. c) If Caltrans does not allow installation of the median, contribution towards one-half the cost of construction of the Foothill Boulevard median, including landscaping and irrigation per linear foot of frontage, shall be provided prior to building permit issuance. 4) An ingress/egress easement shall be provided for all adjacent properties. 5) Connection to the private drainage system to the back of the basin on Hermosa Avenue requires structural analysis. Substantiate both the structural integrity of the existing basin with the proposed connection and the structural integrity of the method of connection to the basin. 6) The vehicle stacking distance from Foothill Boulevard shall be 75 feet from the ultimate face of curb. The final plans shall reflect this requirement and shall be reviewed and approved by the City Engineer prior to the issuance of building permits. PLANNING COMMISSION RESOLUTION NO. 94-42A CUP 94-08 - JOHN SANCHEZ September 28, 1994 Page 5 7) The three driveways fronting Foothill Boulevard on this site shall be consolidated into One standard 35-foot commercial driveway. The driveway location shall be reviewed and approved by the City Engineer prior to building permit issuance. 8) A lot line adjustment between the southerly Parcel (APN's 1077-601-07 and 09) and the northerly Parcel (APN's 1077-601-08 and 10) shall be processed prior to the issuance of a building permit. The lot line adjustment will be approved only if all right-of-way has been dedicated on the Parcels involved. The Hermosa Avenue half street dedication is 44 feet as measured from street centerline to the property line. 9) A contribution in lieu of construction of one- fourth the cost of special pavers within the Foothill Boulevard/Hermosa Avenue intersection shall be paid to the City prior to the issuance of building permits. The fee amount shall be based on the square footage of the intersection. 6. The secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 1994. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held On the 28th day of September 1994, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: D E PARTM ENT OF Ran~hd,=i~:~Snga i:: !i COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT#: SUBJECT: APPLICANT: LOCATION: / Those items checked are Conditions el Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. TIme LImits co~.l~do. Date 1. Approval shall expire, unless extended by the Planning Commission, if building permits are --J / not issued or approved use has not commenced within 24 months lrom the date of approval. 2. Development/Design Review shall be approved prior to / / .__/ / 3. Approval of Tentative Tract No. is granted subject to the approval ol __J / 4. The developer shall Commence, participate in, and consummate or Cause to be Commenced, __/ / participated in, or consummated, a Meito-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The station shall be located, designed, and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the Districrs property upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station, the developer shall comply with all applicable laws and regulations. The CFD shall be formed by the District and the developer by the time recordation ol the final map occurs. 5. Prior to recordation of the final map or the issuance of building permits, whichever comes .__/ / first, the applicant shall consenl to, or participate in, the establishment of a Mello-Roos Community Facilities District for Ihe construction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities District, the applicant shall, in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits, whichever comes first. Further, if the affected school district has not formed a Mello-Roos Community Facilities District wilhin twelve months from the date of approval of the project and prior to the recordation of the final map or issuance of building permits for said project, this condition shall be deemed null and void. SC - 12/93 t of 12 This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all school impacts as a result of this project. 6. Prior to recordation of the final map or prior to issuance of building permits when no map is _._/ / involved, writlen certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development ~/' 1. The site shall be developed and maintained in accordance with the appmved plans which /.~/ include site plans, architectural elevations, extedor materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Developmenl Code regulations, and .,~,f~/Z/. ~/--V~:~. .Specific Plan and Planned Community. ~'/ 2, Prior to any use of the project site or business activity being commenced thereon, all __J / Conditions of Approval shall be completed to the satisfaction of the City Planner. V/' 3. OccupancyofthefacilityshallnotcommenceuntilsuchlimeasallUniformBuildingCodeand ~ / State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance, The building shall be inspected for compliance prior to occupancy, v/' 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinaled for ~ / consistency pdor to issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or prior to final map approval in the case of a custom lot subdivision. or approved use has commenced, whichever comes first. v/ 6. Approval of this requesl shall not waive compliance with all sections of the Development / / Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. 7. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and .--/ / Sherifrs Department (989-6611 ) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units .__/ / with all receptacles shielded from pubtic view. 9. Trash receptacle(s) are required and shall meet City standards. The final design, locations .--J / and the number of trash receptacles shall be subject to City Planner review and approval prior to issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc.. shall .--/ / be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, betruing. and/or landscaping to the satisfaction of lhe City Planner. SC - 12/93 2of 12 11. Street names shall be submitted for City Planner review and approval in accordance with ~ / the adopted Street Naming Policy prior to approval of the final map. 12. All building numbers and individual units shall be identified in a clear and concise manner, _._/ / including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and ___/ / weed control. in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails. including fencing and drainage devices, in conjunction with street improvementS. 14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine ..J / animals where zoning requ iremeats for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the J / Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shaft be provided to the City Engineer. 16. Allparkways, openareas.andlandscapingshall bepermanentlymaintained bytheproperty / / owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or ---/ / dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordalton of the final map Or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 18. The project contains a designated Historical Landmark. The site shall be developed and / / maintained in accordance with the Historic Landmark Alteration Permit No. · Any further modifications to the site including, but not limited to. exterior alterations and/or interior alterations which affect the exterior of the buildings or structures, removal ol landmark treeS. de toolitton. reiocation. reconstruction of build ings or structures, or changes to the site shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval· C. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units --J / and for heating any swimming pool or spa. unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimrot ng pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. 2. All dwellings shall have the front. side and rear elevations upgraded with architectural ---/ / treatment. detailing and increased delineation of surface treatment subject to City Planner review and approval prior to issuance of building permits· 3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for _j / City Planner and Building Official review and approval prior to issuance of building permits. 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or J /___ projections, shall be shielded trom view and the sound buffe red from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satistaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular Access (indicate details on building plans) 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall __/ / contain a 12-inch walk adjacent to the parking stall (including curb). 2. Textured pedestrian pathways and textured pavement across circulation aisles shall be /----J provided throughout the development to connect dwe llings/u nits/bu ildings with open spaces/ plazas/recreational uses. 3. All parking spaces shall be double striped per City standards and all driveway aisles, .~/ / entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers if driveways are less than 18 feet in ----/ / depth from back of sidewalk. 5. TheC~venants.C~nditi~nsandRestricti~nsshal~restdctthest~rage~frecrea~i~na~vehic~es J / on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 6. Plans for any security gates shall be submitted for the City Planner, Cily Engineer, and .~/ / Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publicly maintained landscape areas, refer to Section N.) v/ 1. A detailed landscape and irrigalion plan, including slope planting and model home landscap- .---/ / ing in the case of residential development. shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier .~/ / in accordance with the Municipal Code Section 19.08.110. and so noted on the grading plans. The location of those trees to be preserved in place and new locations fortransplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation. transplanting and tdmming methods. 3. Aminimumof__treespergrossacre,comprisedofthefollowingsizes, shallbeprovided ----/ / within the project: % - 48- inch box or larger, % - 36- inch box or larger, % - 24- inch box or larger, % - 15-gallon, and __ % - 5 gallon. V/' 4. A minimum of Z,Z:) % of trees planted within the project shall be specimen size trees .~/ / 24-inch box or larger. 5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three .~/ / parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. SC-12/93 4of12~'~G~ J 6, Trees shall be planted in areas of public view acJjacent to and along structures at a rate ol onecemplcuon D,~tc: tree per 30 linear feet of building. ---/ / 7. A~~privates~~pebanks5feet~r~essinver~ica~heigh~and~~5:1~rgreaters~~pe~but~ess~han ~ / 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 irrigalion system to be installed by the developer prior to occupancy. 8. AIIprivatesiopesinexcessofSfeet,butlessthanafeet inverticalheightandof2:lorgreater ---J / 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. ot slope area, 1 -gallon or larger size shrub per each 100 sq. ft of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and van/slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 9. For single family residential development, all slope planting and irrigation shall be continu- .--/ / ously mainlained in a healthy and lhriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfacton/ condition. J 10. For multi-family residential and non-residential development, property owners are respon- sible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 11. Front yard landscaping shall be required per the Development Code and/or / / · This requirement shall be in addition to the required street trees and slope planting. 12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be / / included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. featu e h~e' ;41,. F~eIYiII/ EN/e~'~rd' ~"~ /~ae l~t~f~ v/ 13. Special landscape r s ¢.s~c,~ c.s ,7.c;7.~;.7,.;, :!!::.'L~'. reel:, c;cc!mc.". c'.:c t:cc:, ..m;;;~;-J / L:,; :;.:,..,.;ko (,.;;:'. hc:~2_"r't"! ch~_n;c', ,..-~a..~ ,i , ,s;;;c,:. !:n~cc";L".;, is required along v'/ 14. Landscaping and irrigation systems required to be installed within the public right-of-way On __/ / the perimeter of this project area shall be continuously maintained by the developer. Y'/' 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, .__/ / the design shall be coordinated with lhe Engineering Division. 16. Tree maintenance criteria shall be developed and submitted for City Planner review and / / approval prior to issuance of building permits. These criteda shall encourage the natural growth characteristics of the selected tree species. 17. Landscaping and irrigation shall be designed to conserve water through the principles of .--/ / Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. SC - 12/93 5 of 12 F. Signs C,~m~l~:~:,l~ t)a:~ 1. Thesignsindicatedonthesubmittedplansareconceptualonlyandnotapartof thisapproval. 5 / Any signs proposed for this development shall comply with the Sign Ordinance and shall r?quire separate application and approval by the Planning Division prior to installation of any s~gns. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and .__/ / approval pdor to issuance of building permits. 3. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes .__/ / prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. G. Environmental 1. ThedevelopershallprovideeachprospectivebuyerwrittennoticeoftheFourthStreetRock / / Crusher project in a standard format as determined by the City Planner, priorto accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice of the City Adopted ---/ / Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 3. The developer shall provide each prospective buyer written notice of the Foothill Freeway J / project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 4. A final acoustical report shall be submitted for City Planner review and approval prior to the J / issuance of building permits. The final report shall discuss the level of interior noise attenuationto below45CNEL, the building matedals and constructiontechniquesprovided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. H. Other Agencies ,/ 1. Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire ---/ / Protection District Standards. 2. Emergencyaccessshallbeprovided, maintenancefreeandclear, a minimumof261eetwide ---./ / at all times during construction in accordance with Rancho Cucamonga Fire Protection District requirements. 3. Prior to issuance of building permits for combustible construction, evidence shall be ._J / submitted to the Rancho Cucarnonga Fire Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. 4. The applicant shall contact the U.S. Postal Service to determine the appropriate type and / / location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. 5. For projects using septic tank facilities, written certification of acceptability, including all / / supportive information, shall be obtained trom the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989'1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- ----/ / cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition -----J / to existing u n it(s), the applicant shall pay development fees at the established rate. Such fees may include. but are not m ted to Cty Beaut f carton Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees. and School Fees. 3. Prior to issuance of building permits for a new commercial or industrial development or _._/ / addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. / 4. Street addresses sha beprovdedbytheBuildingOfficiai, aftertract/parcelmaprecordation __/ / and prior to issuance of building permits. J. Existing Structures ' 1. Provide compliance with the Uniform Building Code for the property line clearances / / considering use, area, and fire-resistiveness of existing buildings. 2. Existing buildings shall be made to comply with correct building and zoning regulations for ---/ / the intended use or the building shall be demolished. 3. Existing sewage disposal facilities shall be removed. filled and/or capped to comply with the __J / Uniform Plumbing Code and Uniform Building Code. t/' 4. Underground on-site utilities are to be located and shown on building plans submitted for ._._/ / building permit application. K. Grading v/ 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City ~ / Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. V'~ 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to ~ / perform such work. 3. The development is located within the soil erosion control poundaries; a Soil Disturbance ---/ / Permit is required. Please contact San Bernardino County Department of Agricultu re at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance ol rough grading permit. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at ~ / the time of application for grading plan check. v/' 5. The~ina~gradingp~anssha~~bec~mp~etedandappr~vedpri~rt~issuance~fbui~dingpermits. / / 6. As a custom-lot subdivision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site ---/ /'- drainage facilities necessary for dewatefing all parcels to the satisfaction of the Building and Salety Division priorto final map approval and prior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto ~ / or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior Io issuance of grading and building permits. c. On-site drainage improvements, necessary for alewatering and protecting the subdivided --J / properties, are to be installed prior to issuance of building permits for ConStruCtion upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. d. Final grading plans for each parcel are to be submitted to the Building and Safety ---/ / Division for approval prior to issuance of bu tiding and grading permits. (This may be on an incremental or composite basis.) e. All slope banks in excess of 5 feet in verlical height shall be seeded with native grasses .~/ / or planted with ground cover for erosion control upon completion ol grading or some other alternative method of erosion control shall be completed to the satisfaction of the Building Official. In addition a permanent irrigation system shall be provided. This requirement does not release the applicant/developer from compliance with the slope planting requirements of Section 17.08.040 I of the Development Code. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicaled to the City for all interior public streets, .~/ / community trails, public paseos, public landscape areas, street trees. and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. V/ 2. Dedication shall be made of the following rights-of-way on the perimeter streets / / (measured from street centerline): total feet on /~f~///,t~//~d. total feet OR tolal feet on total feet on 3. An irrevocable offer of dedication for -foot wide roadway easement shall be made .~/ / for all private streets or ddves. 4. Non-vehicular access shall be dedicated to the City for the following streets: J / 5. 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 pdor to the issuance of building permits, where no map is involved. L 6. Private drainage easements for cross-lot drainage snail be provided and shall be de lineated or noted on the final map. ~ / 7. The final map shall clearly delineate a I O-foot minimum building restriction area on the .~/ / neighboring lot adjoining the zero lot line wall and contain the following language: "l/We hereby dedicate to the City of Rancho Cucarnonga the right to prohibit the construction of (residential) buildings (or other structures) within those areas designated on the map as building restriction areas., A maintenance agreement shall also be granted from each lot to the adjacent lot through the CC&R's. 8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on .--J / the final map. 9, Easements for public sidewalks and/or street trees placed outside the public right-of-way __.J / shall be dedicated to the City wherever they encroach onto private property. 10. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum J / of 7 feet measured from the face of curbs, If curb adjacent sidewalk is used along the right turn lane, a parallel street tree maintenance easement shall be provided. 11. The developer shall make a good faith effort to acquire the required off-site property interests __/ / necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval. enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acqu ires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests requ fred in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at developers cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. M. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, .J / 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 sireel trees. 2. A minimum of 26- foot wide pavement, within a 40 -fool wide dedicated right-of-way shall be .._J / constructed for all half-section streels. 3. Construct the following perimeter street improvements including, but not limited to: _._/ / STREET NAME CURe & A.C. SIDE- DRIVE STREET STREET COMM MEDIAN BIKE GUTTER PVUT WALK APPR, LIGHTS TREES TRAIL SLAND TRAIL OTHER Notes: (a) Median island includes landscaping and irrigation on meter (b) Pavement recOnStruction and overlays will be determined during plan check. (c) It so marked, side- walk shall be curvilinear per STD. 304. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 4. Improvement plans and construction: a. Street improvement plans including street trees and street lights, prepared by a regis- ---/ / feted Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or pdvate street improve- ments, prior to final map approval or the issuance of but Iding permits, whichever occurs first. b. Prior to any work being pedormed in public right-of-way, fees shall be paid and a / / construction permit shall be obtained from the City Engineers Office in addition to any other permits required. c. Pavement striping. marking, traffic. street name signing, and interconnect conduit _._J / shall be installed to the satisfaction of the City Engineer. d. Signalconduitwithpullboxesshallbeinstalledonanynewconstructionorreconstruction _~/ / of major. secondary or collector streets which intersect with other major. secondary or collector streets for future traffic signals. Pull boxes shall be placed on both sides of the street at 3 feet outside of BC R. EC R or any other locations approved by the City Engineer. Notes: -~/ / (1) All pull boxes shall be No. 6 unless otherwise specified by the Ci~y Engineer. (2) Conduit shall be 3-inch galvanized steel with pullrope. / / e. Wheel chair ramps shall be installed on all four corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with / / adequale detours during construction. A street closure permit may be required. A cash deposit shall be provided fo cover the cost ot grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentraled drainage flows shall not cross sidewalks. Under sidewalk drains shall be J / installed to City Standards, except for single family lots. h. Handicap access ramp design shall be as specified by the City Engineer. J / i. Street names shall be approved by the City Planner priorto submitlal for first plan check. J / 5. Street improvement plans per City Standards for all private streets shall be provided for J / review and approval by the City Engineer. Prior to any work being performed on the pri- vate streets. fees shall be paid and construction permits shall be obtained from the City Engineers Office in addition to any other permits required. 6. Sireel trees, a minimum of 15-gallon size or larger, shall be insfailed per City Standards in _._/ / accordance with the City's street tree program. 7. Intersection line of Site designs shall be reviewed by the City Engineer for conformante with adopted policy. j / a. On collector or larger streets, lines of sight shall be plotted lor all project intersections. J / including driveways. Walls, signs, and slopes shall be located outside the lines of sight. Landscaping and other obstructions within the lines of sight shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved, usually by _._/ / moving the 2 +/- closest st reet trees on each side away from the street and placed in a street tree easement. 8. Aperm y ;; ,,om cALTRANs ,o, anyworkw,,h,nthe,o,,ow,ng,,gh,-o,-way;, 9. All public improvements on the following streets shall be operationally complete pdor to the ---/ / issuance of building permits: N. Public Maintenance Areas y/ 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards ---/ / shall be submitted to the City Engineer for review and approval pdor to final map approval or issuance of building permits, whichever occurs first. The following landscape parkways, medians, paseos, easements, trails. or other areas are required to be annexed into the 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting J / Districts shall be filed with the City Enginee r pdor to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. ~ 3. All required public landscaping and irrigation systems shall be continuously maintained by the _.._/ / developer until accepted by the City. 4. Parkway landscaping on the following street(s) shall conform to the results of the respective /_~J Beautification Masler Plan: O. Drainage and Flood Control 1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood ---/ / protection measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. 2. It shall be the developers responsibility to have the current FIRM Zone __/ / designation removed from the project area. The developer's engineer shall prepare all necessary reports. plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, wh~;hever occurs first. 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final J / map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. SC* 12/93 llof12 ~ ? / 4. A permit from the County Flood Control District is required for work within itsright-of-way, J / 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. J / 6. Public storm drain easements shaft be graded to convey ovedlows in the event of a ---/ / blockage in a sump catch basin on the public street. P. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, J / gas, electric power, telephone, and cable TV (all u riderground) in accordance with the Utility Standards. Easements shall be provided as required. 2.The developer shall be responsible for the relocation ol existing utilities as necessary. _.._/ / 3. Water and sewer plans shall be designed and constructed to meet the requirements of the /---/ Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Pmteclion District, and the Environmental Health Department of the County of San Bernardtrio. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Q. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into -"J / one parcel prior to issuance of building permits. 2. An easement for a joint use ddveway shall be provided prior to final map approval or ---/ / issuance of building permits, whichever occurs first, for: / / 3. Prior to approval of the final map a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment District among the newly created parcels. 4. Etiwanda,/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan / / Drainage Fees shall be paid prior tO final map approval or prior to building permit issuance if no map is involved. 5. Permits shall be obtained from the following agencies for work within their right-of-way: ~ / 6. A signed consent and waiver form to join and/or form the Law Enforcement Community _..J / Facilities Oistdct shall be filed with the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. Formation costs shall be borne by the Developer. 7. Prior to finalization of any development phase, sufficient improvement plans shall be com- / / pieted beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative map. c__, SC - 12/93 12 of 12 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 28, 1994 TO: Chairman and Members of the Planning Co~eaission FROM: Brad Buller, City Planner BY: Scott Murphy, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND MODIFICATION TO CONDITIONAL USE PERMIT 89-23 - CITY OF RANCHO CUCAMONGA - A request to construct a helipad and base a helicopter at an existing fire station and training facility (Station #174) in the Minimum Impact Heavy Industrial designation (Subarea 9) of the Industrial Area Specific Plan, located at the southwest corner of Milliken Avenue and Jersey Boulevard - APN: 229-111-34 PROJECT AND SITE DESCRIPTION: A. Surroundin~ Land Use and Zoning: North Vacant; Industrial Area Specific Plan (Subarea 9) Minimum Impact Heavy Industrial South - Metrolink/A.T. & S.F. Railroad; Railroad East - Warehouse building; Industrial Area Specific Plan (Subarea 9) Minimum Impact Heavy Industrial West - Manufacturing building; Industrial Area Specific Plan (Subarea 9) Minimum Impact Heavy Industrial B. General Plan Designations: Project Site - Heavy Industrial North - Heavy Industrial South - Railroad East - Heavy Industrial West - Heavy Industrial C. Site Characteristics: The site contains a fire station building housing fire personnel and equipment. The balance Of the site has been rough-graded. ANALYSIS: A. Background: On September 27, 1989, the Planning Commission approved plans for a fire station and training facility at the subject site. Subsequently, the fire station building was constructed and is being used to serve the industrial area. Plans for construction of the training facility have been put on hold because of the Fire District's financial constraints. ITEM D PLANNING COMMISSION STAFF REPORT CUP 89-23 - CITY OF RANCHO CUCAMONGA September 28, 1994 Page 2 B. General: The City has been approached by Mercy Air about leasing a portion of the fire station site as a hellpad for a medical aid helicopter. The helipad will be located in the area previously intended for a training tower (see Exhibit "B"). The helicopter and its crew (3 employees per shift) will be based at the station on a 24-hour basis. The helicopter will respond to medical emergencies within a 150-mile radius of the site. Also, the relocation of the helicopter from La Verne will provide a faster response time for the City of Rancho Cucamonga and neighbring communities. C. Other permits: In order to locate the helicopter at the site, a permit must be obtained from the California Department of Transportation (CalTrans), Aer6nautics Division. Staff has made preliminary contact with CalTrans and determined that the helipad location is not within any flight path or restricted air space required for Ontario Airport. If the Conditional Use Permit modification is approved by the Planning Commission, staff believes the permit will be approved by CalTrans. D. Environmental Assessment: The main concern with the basing of a helicopter at the site is noise. A helicopter can, and does, generate considerable noise when taking off and landing (up to 90 dBA). This level, however, is at peak and is not continuous. There are no residential areas within 1-1/2 miles of the site. Also, the Minimum Impact Heavy Industrial designation anticipated more noise and vibration intensive activities than other zoning designations. A number of businesses in the industrial area utilize helicopters for transporting employees which has not generated any complaints. As a result, staff does not believe the application will have a significant impact on the environment and recommends that a Negative Declaration be issued by the Planning Commission. RECOMMENDATION: Staff recommends that the Planning Comission approve this Modification to Conditional Use Permit 89-23 and issue a Negative declaration for the application. Respect lly sub ' ted, uller BB:SM:Sp Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Site Plan Resolution of Approval ~ IO.O~AC 4 OF RA~C:HC~:.CUCAMONGA TrrLE:~JE~, (,(~/V/~ 'i~ ~ = PLANlYING, DMSION ~ = EXHIBIT: SCALE: ------ L ·_: '~- / / E~B~: SCALE: RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 89-23, A REQUEST TO CONSTRUCT A HELIPAD AND BASE A HELICOPTER AT AN EXISTING FIRE STATION AND TRAINING FACILITY (STATION #174) IN THE MINIMUM IMPACT HEAVY INDUSTRIAL DESIGNATION (SUBAREA 9) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND JERSEY BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-111-34. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for approval of a modification to Conditional Use Permit No. 89-23, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 28th day of September 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 September 28, 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 southwest corner of Milliken Avenue and Jersey Boulevard. The property is presently developed with a fire station; and b. The property to the north of the subject site is designated for industrial use and vacant, the property to the south is designated for railroad and industrial use and developed with a rail line and an industrial building; the property to the east is designated for industrial use and developed with a warehouse/distribution building; and the property to the west is designated for industrial use and developed with a manufacturing building; and PLANNING COMMISSION RESOLUTION NO. CUP 89-23 - CITY OF RANCHO CUCAMONGA September 28, 1994 Page 2 c. The development of the helipad is consistent with the Minimum Impact Heavy Industrial designation of the Industrial Area specific Plan and the Heavy Industrial designation of the General Plan; and d. The application, with the attached conditions of approval, will comply with all applicable standards of the Development Code and the Industrial Area Specific Plan. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development code, and the purposes Of the district in which the site is located. b. 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. The proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. The Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. Based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code Of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the PLANNING COMMISSION RESOLUTION NO. CUP 89-23 - CITy OF RANCHO CUCAMONGA September 28, 1994 Page 3 Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 Of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. Planninq Division 1) All applicable conditions as contained in Planning Commission Resolution No. 89-125, approving Conditional Use Permit 89-23, shall apply. 2)All necessary State and/or Federal permits shall be obtained prior to use of the helipad. 3) Approval is only granted for a helipad and helicopter use for the purpose of providing medical aid to the region. The helipad shall not be used for Commercial traffic. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28 DAY OF SEPTEMBER 1994. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28 day of September 1994, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA DATE: September 28, 1994 STAFF REPORT TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner SUBJECT: CONFERENCE UPDATE BACKGROUND: The following is a list of the upcoming seminars remaining for Fiscal Year 1994-95. The total Conference budget is $750, of which $150 has already been spent. ASSOCIATION LOCATION DATES Inland Empire P.C. Workshop Fontana, CA Oct. 1, 1994 Calif. Chapter of the APA San Diego, CA Oct. 20-23, 1994 League of California Cities Long Beach, CA Oct. 23-25, 1994 National Historic Pres. Conf. Boston, MA Oct. 26-30, 1994 Planning Comm. Institute Monterey, CA Mar. 22-25, 1995 National APA Conf. Toronto, Canada Apr. 8-12, 1995 Calif. Preservation Found. Riverside, CA Jun. 1-15, ~995 Respectf y submitted, BB/jfs ITEM E