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HomeMy WebLinkAbout1992/06/24 - Agenda Packet RANLI-D CUCANK)NU~ PLANNING COMMItION AGENDA - 1977 WEDNESDAY JUNE 24, 1992 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA I. Pledge of Allegiance II. Roll Call Commissioner Chitiea Commissioner Tolstoy Commissioner McNiel Commissioner Vallette Commissioner Melcher III. Announcements IV. Approval of Minutes May 13, 1992 May 27, 1992 June 10, 1992 V. Consent Calendar The following Consent Calendar items are expected to be routine and non-controversial. They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. A. TIME EXTENSION FOR TENTATIVE TRACT 13674 - MIGHTY DEVELOPMENT - A residential subdivision consisting of 18 single family lots on 11.29 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on the west side of Amethyst Street north of Valley View Drive - APN: 1061-401-03. VI. Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. B. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 14190 - FORNEY - A subdivision of 4.33 acres of land into four parcels, plus a 1.56 acre remainder parcel, in the Very Low Residential District, (less than 2 dwelling units per acre) located at the northwest corner of Wilson and Mayberry Avenues - APN: 1074-261-05. Staff recommends issuance of a Negative Declaration. Related file: Tree Removal Permit No. 92-03. C. MODIFICATION TO CONDITIONAL USE PERMIT 90-42 - CARL KARCHEP ENTERPRISES - A request to develop a 3,535 square foot fast food, drive-thru restaurant on a pad previously approved for a sit-down restaurant, within a previously approved shopping center in the Regional Related Commercial District of the Victoria Community Plan, located on the south side of Foothill Boulevard, west of the future Day Creek Boulevard - APN: 229-021-10, 15, 19, and 28. D. CONDITIONAL USE PERMIT 92-05 - IN-N-OUT BURGER - A request to construct a 2,912 square foot fast food restaurant (with drive-thru) within a previously approved commercial retail center in the Regional Related Commercial Designation (Subarea 4) of the Foothill Boulevard Specific Plan, located on the south side of Foothill Boulevard between 1-15 and Etiwanda Avenue - APN: 229-031-03 through 13, 15, 16, 20, and a portion of 59. VII. New Business E. CONDITIONAL USE PERMIT 90-37 - FOOTHILL MARKETPLACE - Review of the proposed integral public art for inclusion in the previously approved commercial retail center located on the south side of Foothill Boulevard between 1-15 and Etiwanda Avenue - APN: 229-031-03 through 13, 15, 16, 20, and a portion of 59. VIII. Director's Reports F. DEVELOPMENT REVIEW 91-23 - R. K. DEVELOPMENT - The development of a single family house totaling 5,007 square feet on 0.5 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located at 5041 Beryl Street - APN: 1061-821-15. IX. Commission Business X. Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. XI. 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 ,Z j l"";""""""- G.. ::::::::::::::::::::::::::::::::::::::::::: ':::!i::i::i~iiiii~iiiY:i!i!i~iiiii~!l li::::::::::i~ I ..,,,.............,....,,......' ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... I "'+"" *,,..,. :::::::Y:::::::::::::::::::::::::::::::::::::::::::::::I':':':':' - liiii!iii!i!i:i:i:i:i!i!!!!ii:iiiii:i:.,-. =1:::::: ::::::::::::::::::::::::::::::::::::::::: ... ~1 ", ~II ~1 * ~ ~ ~ I I ,, ~T.& S.F. CITY HALL CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 24, 1992 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Steven Ross, Assistant Planner SUBJECT: TIME EXTENSION FOR TENTATIVE TRACT 13674 - MIGHTY DEVELOPMENT - A residential subdivision consisting of 18 single family lots on 11.29 acres of land in the Very Low Residential District (less than 2 dwelling units per acre) located on the west side of Amethyst Street north of Valley View Drive - APN: 1061-401-03. BACKGROUND: Tentative Tract 13674 was conditionally approved by the Planning Commission on May 25, 1988. The original approval was for two years, and since that date the applicant has been granted two 1-year time extensions. On May 20, 1992, the applicant, Mighty Development, requested another time extension in order to have additional time to record the Final Map. The State Map Act, Section 66452.6, allows for up to 36 months of extension, which may be granted in 12 month increments. Because the applicant has already been granted two 1-year extensions, the applicant is only allowed one more time extension, which would require the map to record by May 25, 1993. The Design Review for the homes for Tentative Tract 13674 was approved by the Planning Commission on January 23, 1991. It consists of 18 custom homes which range from 3,845 to 5,215 square feet in size. ANALYSIS: Staff has analyzed the proposed Time Extension request and has compared the proposal with current development criteria outlined in the Development Code. The project meets the Basic Standards for development in the Very Low Residential District. Although the Tentative Tract was approved prior to the adoption of the Hillside Development Ordinance, it does meet the intent of the Ordinance. FACTS FOR FINDINGS: A. There have been no significant changes in the Land Use Element of the General Plan, Development Code, or character of the area within which the project is located, that would cause the approved project to become inconsistent or non-conforming. B. The granting of an extension should not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. ITEM A PLANNING COMMISSION STAFF REPORT TE FOR TT 13674 - MIGHTY DEVELOPMENT June 24, 1992 Page 2 RECOMMENDATION: Staff recommends that the Planning Commission approve a one-year time extension for Tentative Tract 13674 through adoption of the attached Resolution. Respectfully submitted, Brad Buller City Planner BB:SR:js Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Vicinity Map Exhibit "C" - Subdivision Map Resolution No. 88-104 Time Extension Resolution of Approval MIGHTY Development Inc. Te,: (714 944.slsl 8316 Red Oak St. #201 Fax: (714) 944-1325 Rancho Cucamonga, CA 91730 May 20, 1992 Steve Ross Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 RE: Tentative Tract 13674 Dear Steve: Our tentative map will expire May 25, 1992. As you know, the plan went through design review and was approved by the Planning Commission on January 23, 1991. Our engineer is working on the final map and public improvement plan check corrections. Our architect has already finished 68% of the working drawings and should finish completely in the next six months. We need more time to complete this project; we therefore request time extension for one year. Thank you. Sincerely, joln~ang,&Jpre~sident Mighty Development Inc. General Partner of Amethyst Estates L.P. 13813- i I CI~ O~ ~CHO CUC~ONOA T~LE: V~ ~ ~ P~NING D~SION E~IB~: B SCALE: RESOLUTION NO. 88-104 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA'APPROVING TENTATIVE TRACT MAP NO. 13674 LOCATED WEST OF AMETHYST STREET, NORTH OF VALLEY VIEW IN THE VERY LOW RESIDENTIAL (LESS THAN 2 DWELLING UNITS PER ACRE) DISTRICT A. Recital s. (i ) Lenk Development has filed an application for the approval of Tentative Tract Map No. 13674 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application". (ii) On the 25th of May 1988 the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on May 25, 1988, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at West side of Amethyst, North of Valley View with a street frontage of 666 feet and lot depth of 858.33 feet and is presently unimproved; and (b) The property to the north of the subject site is vacant and designated for flood control purposes, the property to the south and east of that site consists of existing single family residences and is designated for Very Low Residential (less than 2 dwelling units per acre); and (c) The proposed subdivision design and accompanying maps have been reviewed by the Technical and Grading Committees and approved subject to the conditions contained within this resolution; and (d) That the proposed subdivision has minimum and average lot sizes of 20,070 and 23,872 square feet consistent with requirements of the Very Low Density Residential District; and. PLANNING COMMISSION RESOLUTION NO. TT13674- LENK May 25, 1988 Page 2 (e) The related variance application Variance 87-14 has been reviewed and approved by the Planning commission; and (f) That there is adequate space available on all lots for equestri an use. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraph I and 2 above, this Commission hereby finds and concludes as follows: (a) That tentative tract is consistent with the General Plan, Development Code, and specific plans; and (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; and (c) The site is physically suitable for the. type of development proposed; and (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and (e)The tentative tract is not likely to cause serious public health problems; and (f) The design of the tentative tract wi 11 not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdi vi si on. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. TT13674 - LENK May 25, 1988 Page 3 Tentative Tract (1) Final landscaping and irrigation plans for the parkway along Amethyst Street and and for interior street pl anti ng shal 1 be submitted for review and approval by the City Planner and City Engineer prior to recordation of the Final Tract Map. (2) An in-lieu fee as contribution to the future undergrounding on the existing overhead utilities (telecommunication and electrical) on the opposite side of Amethyst Street shall be paid to the City prior to approval of the Final Map. The fee shall be one-half the City adopted unit amount times the length of the project frontage. (3) An equestrian trail plan shall be provided indicating widths, maximum slopes, fencing and weed control in accordance with city equestrian trail standard drawings, which shal 1 be submitted for review and approval prior to recordation of the Final Tract Map, and prior to approval of street improvement and grading plans and shall include the following: a) Drainage from the north shall be carried when the equestrian trail easement in an improved structure. b) Equestrian trail s with steep grades require installation of permenent devices (i.e. burried curbs or treated timber). c) Permenent crossings to allow access from trails to rear yards will be required. The crossings shall include wood bridges, concrete pipe, concrete box or other acceptable design. d) Gates should be provided for each lot to allow access to local trails. e) Two rail peeler logs fencing should be used instead of split rail fencing for local trails. Fencing should be located on the inside of trails only. PLANNING COMMISSION RESOLUTION NO. TT13674 - LENK May 25, 1988 Page 4 (5) On/site drainage to be directed westerly from the site shall be disposed as follows in order of preference as approved the City Engineer, Building Official and San Bernardino Flood Control District where appropriate; a) Directed southerly through the vacant lot adjacent to the south west corner of the site within an easement to Valley View Street, b) Directly westerly within the San Bernardino County Flood Control District property out- letting into Hellman Avenue, or c) Directly westerly within the San Bernardino County Flood Control District property out- 1 etti ng into the exi sti n9 earth channel serving as an outflow from demens basin. (6) Trail and lot drainage existing at the south west corner shall be conveyed to either; a) The south through a private easement to a point of discharge to a public facility by a service improvements mai ntai ned by Homeowners Association or; b) The west to the channel in a surface improvement and mai ntai ned by agreement executed with the County. In either case, absolute protection of southerly properties will be provided with channel s, berms, wal 1 s or other acceptable devices as determined in Plan Check based upon the Q 100 discharge. (7) The private drive shall be curved northerly within parcel 15 as much as possible to minimize height of fill slopes. (8) Maintenance of necessary of off-site drainage facilities and the private drive (lot A) shall be included within the projects CC&R's. (9) Sidewalks shall be installed on at least one side of the private drive. PLANNING COMMISSION RESOLUTION NO. TT13674 - LENK May 25, 1988 Page 5 (10) Prior to recordation, a total development package, including plot plans, elevations and grading shall be reviewed and approved by the Design Review Committee and shall also include public notification of the same. Desi ~n Review (1) All lot grading whether in conjunction with a total design review application or individual custom lots, shall utilize grading techniques which minimize the alteration to the natural landform. These techniques should include minimal padding for units only, split level foundations, and/or stem wall construction. (2) All trails and parkway landscape improvements shall be constructed and improved at the time of street construction. (3) Details of the decorative masonry wall adjacent to Amethyst Street shal 1 be i ncl uded i n the final landscape and irrigation plan. (4) Texturized paving shall be provided at the drive entrys outsi de of the publ i c ri ght-of-way. (5) All side and rear elevations of any proposed buildings shall be upgraded with architectural detailing. (6) All cross-lot drainage shall be eliminated by the use of berms and swales on the lot or origin. (7) All required drainage devices shall be improved to the extent required based on hydrology and hydrolics suppl i ed i n P1 an Check. (8) Additional grading of front yards to eliminate drainage pockets will be required and the extent of such grading shall be determined in Plan Check. (9) No surface drainage will be allowed to cross the Community Trail or other public improvements. (10) As much on-site drainage as possible shall be directed to Amethyst Street. (11) The location and design of any permiter fence/wall shall be reviewed and approved by the Design Review Committee. PLANNING COMMISSION RESOLUTION NO. TT13674 - LENK May 25, 1988 Page 6 (12)A minimum unit size of 2500 square feet shall be requi red. 6. The Deputy Secretary to this Commi ssi on shal 1 certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF MAY, 1988. PLANNING C04M3,;SION OF THE CITY OF RANCHO CUCAMONGA BY: arry"'F. ~k~'~" ,} 1. Cha~ rm~..~ Y ATTEST: S re ar I, Brad Buller, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of May, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, TOLSTOY, BLAKESLEY, EMERICK, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME EXTENSION FOR TENTATI~'E TRACT NO. 13674, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1061-401-03. A. Recitals - ~ (i) Mighty Development has filed an application for the extension of Tentative Tract No. 13674 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." ( ii ) On May 25, 1988, this Commission adopted its Resolution No. 88-104 thereby approving, subject to specific conditions and time limits, Tentative Tract No. 13674. ( iii ) On May 23, 1990, this Commission adopted its Resolution No. 90-60, thereby approving a one-year Time Extension for Tentative Tract No. 13674. (iv) On June 12, 1991, this Commission adopted its Resolution No. 91-70, thereby approving a one-year Time Extension for Tentative Tract. (v) 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, including written and oral staff reports, this Commission hereby specifically finds as follows: ( a ) The previously approved Tentative Map is in substantial compliance with the City's current General Plan, Specific Plans, Ordinances, Plans, Codes, and Policies; and (b) The extension of the Tentative Map will not cause significant inconsistencies with the current General Plan, Specific Plans, Ordinances, Plans, Codes, and Policies; and (c) The extension of the Tentative Map is not likely to cause public health and safety problems; and (d) The extension is within the time limits prescribed by state law and local ordinance. PLANNING COMMISSION RESOLUTION NO. TIME EXT TT 13674/MIGHTY DEVELOPMENT June 24, 1992 Page 2 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby grants a Time Extension for: Tract Applicant Expiration 13674 Mighty Development May 25, 1993 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1992. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of June 1992, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: June 24, 1992 Rancho Cucamonga i~lanning Commission ~nvironmental Assessment an~t Tentative Parcel Map 141~0 '- Forhey ~e at the Valley View Mess. Eanch tract knew that eventually the orange grove would 0e removed and houses go in on the rorney acreage Out our concern has 0sen how many and what a0out the trees? I should ~ ~ to ma~e a plea for saving the trees. ~t is my understanding that some will nave to be removed for right-of-way nut would hope as many as possible might be spared. .Ye talk aDout preserving the Joys of nature for the children Put I feel we are hypocrites. No battle is waged to save some semblance of country-living for future generations. lVe have watoned with extreme regret the rural aspect of this area completely disappear. The shee~ no longer graze in the open fields. The orax~ge groves and vineyards have vanished as if Dy a magician's wand. The last vestiges are no- to ~e sacrificed--those fine, old trees that nave stood tall through many a storm and sheltered us from the winds. As to the number of houses, I believe will finally be 10 in all, -- if there were two children ~er household, 20 more could be added to the Hermosa schoolrooms. What ~rovisions have been made for them? Respectfully submitted, Mrs. }nyll~s a. Shea ~45 ~evere Avenue Alta Loma, CA CITY OF RANCHO CUCAMONGA DATE:June 24, 1992STAFF REPORT TO: Chairman and Members of the Planning Commission FROM: Dan James, Senior Civil Engineer BY: Betty A. Miller, Associate Engineer SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 14190 - FORNEY - A subdivision 'of 4'.33 acres Of ~n'd' intO' four pa~cei ~;' plus a' 1'.56 acre remainder parcel, in the Very Low Residential Development District {less than 2 dwelling units per acre), located at the northwest corner of Wilson and Mayberry Avenues - APN: 1074-261- 05. Staff recommends issuance of a Negative Declaration. Related file: Tree Removal Permit No. 92-03. PROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of the proposed Tentative Parcel Map as shown 'on Exhibit "'~""' B. Parcel Size: Parcel I - 0.46 acres 20,000 Sq. Ft. Parcel 2 - 0.71 acres 30,950 Sq. Ft. Parcel 3 - 0.55 acres 23,980 Sq. Ft. Parcel 4 - 0.75 acres 32,670 Sq. Ft. Total: )'T2f'/acres C. Existing Zoning: Very Low Residential D. Surroundi.n~) Land Use: North - Vacant, approved tentative tract South - Existing Single Family and Vacant East - Existing Single Family West - Existing Single Family and Vacant E. Surrounding General Plan and Development Code DeSignations: North - Very Low Residential South - Low Residential East - Very Low Residential West - Very Low Residential F. Site Characteristics: The site contains Eucalyptus windrows along the north property i'i'~' and adjacent to Mayberry Avenue, a recently removed citrus grove, and two existing residences. It slopes to the south at six percent. Wilson Avenue narrows to a 26-foot width along the project ITEM B PLANNING COMMISSION STAFF REPORT TENT PM 14190 - FORNEY June 24, 1992 Page 2 frontage with AC berm on the south side. Mayberry Avenue has existing curb and gutter on the east side, 26 feet of pavement, and a low retaining wall on the west side. ANALYSIS: The purpose of this parcel map is two fold: to subdivide the west two-thirds of the site into four hal f-acre parcel s, and to reserve property surrounding the existing house on Mayberry Avenue (remainder parcel) for future subdivision, per the attached master plan (Exhibit "C"). Street "A" has been located such that future development on the south side o~ Wilson Avenue can be accomodated by al igning another cul-de-sac with Street "A" . Wil son Avenue will be widened on the north side, including the Mayberry intersection, with a transition to existing pavement west of the west project boundary (Exhibit "D"). Overhead utilities will be placed underground and the Community Trail will be installed along the entire frontage, including the remainder parcel. The tentative parcel map was reviewed by the Trails Advisory Commitee on December 18, 1991, and again on January 15, 1992. The committee recommended approval of the tentative map with conditions to allow use of the perimeter local trail by the remainder parcel, provide local trail access from Wilson Avenue, and 1 ocate the drainage facilities on the project side of the local trail on both the east and west sides. The north side facility must remain north of the local trail to provide interim protection from offsite undeveloped ~ ows. Tree Removal Permt 92-03: A Tree Removal Permit application was submitted, as project improvements will necessitate the removal of several trees located within and adjacent to project boundaries. The project site currently contains one Eucalyptus windrow 1 ocated along the north property line, a former citrus grove, and several ornamental trees scattered throughout (Exhibit "E"). In addition to these trees there is a Eucalyptus windrow directly adjacent to the "Remainder Parcel" and located within the Mayberry Avenue ultimate right-of-way that will be effected by project improvements. An arborist's report was prepared to evaluate the condition of these trees and to determine the possibility of transplanting the tree(s) within project boundaries. Only those trees ~ffected by improvements were considered for transplanting. Those trees adjacent to the existing residence will be preserved in place. Only one of the trees surveyed, the large Coast Live Oak tree nea~ the corner of Wil son and Mayberry, was recommended for preservation by the arborist. Although preserving in place is the preferred method, transplanting may be necessary if the 75-foot crown of the Oak tree interferes with safe travel along Wil son. The remaining trees should be removed because they are dead, diseased (i.e. borer bee~ e), confi ict with proposed street improvements, o~ exhibit poor structure. Tree replacement is required by Municipal Code Section 19.08.100. PLANNING COMMISSION STAFF REPORT TENT PM 14190 - FORNEY June 24, 1992 Page 3 ENVIRONMENTAL REVIEW: The applicant completed Part I of the Initial Study. Staf~ conducted a field investigation and completed Part II of the Initial Study. No adverse impacts upon the environment are anticipated as a result of this project. Therefore, issuance of Negative Declaration is appropriate. CORRESPONDENCE: Notices of Public Hearing have been sent to surrounding property owners and placed in the Inland Valley Daily Bulletin. Posting at the site has also been completed. RECOMMENDATION: It is recommended that the P1 anning Commission consider all input and elements of the Tentative Parcel Map 14190. If after such consideration, the Commission can recommend approval, then the adoption of the attached Resolution and issuance of a Negative Declaration would be appropriate. Respectfully submitted, Dan~jam~es~i Senior Civil Engineer DJ:BAM:dlw Attachments: Exhibit "A" - Vicinity Map Exhibit "B" - Tentative Map Exhibit "C" - Master Plan Exhibit "D" - Conceptual Grading Plan Exhibit "E" - Tree Removal Resolution and Recommended Conditions of Approval III RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP NUMBER 14190, LOCATED AT THE NORTHWEST CORNER OF WILSON AND MAYBERRY AVENUES, (APN: 1074-261-05) WHEREAS, Tentative Parcel Map Number 14190, submitted by Bill and R.L. Forhey, applicants, for the purpose of subdividing into 4 parcels, the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, identified as APN: 1074-261-05, located at the northwest corner of Wilson and Mayberry Avenues and WHEREAS, on June 24, 1992, the Planning Commission held a duly advertised public hearing for the above-described map. NOW, THEREFORE, THE MANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS FOLLOWS: SECTION 1: That the following findings have been made: 1. That the map is consistent with the General Plan. 2. That the improvement of the proposed subdivision is consistent with the General Plan. 3.That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. SECTION 2: This Commission finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970; and further, this Commission hereby issues a Negative Declaration. SECTION 3: Tentative Parcel Map Number 14190 is hereby approved subject to the attached Standard Conditions and the following Special Conditions: Enqineerinq Division 1. The existing overhead utilities (telecommunication and electrical) on the project side of Wilson Avenue shall be undergrounded from the first pole on the east side of Mayberry Avenue to the first pole offsite west of the west project boundary, prior to PLANNING COMMISSION RESOLUTION NO. TENT P M 14190 - FORNEY June 24, 1992 Page 2 public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City's adopted cost for undergrounding from future development as it occurs on the opposite side of the street. 2. Widen Wilson Avenue on the north side to 32 feet, measured from the centerline, from the west project boundary to and including a complete intersection with Mayberry Avenue. Offsite pavement transitions shall be provided north on Mayberry and west on Wilson to the satisfaction of the City Traffic Engineer. Install street lights and the Community Trail along the entire length. Street trees shall be provided across the remainder parcel and be privately maintained. 3. Provide a non-standard Community Trail section, with an 8-foot privately-maintained landscape area between the curb and trail fence and a 12-foot trail surface adjacent to the property line, on the north side of Wilson Avenue for the entire length. 4. Provide parkway culverts under the Community Trail where concentrated private drainage enters Wilson Avenue. Install desilting facilities to the satisfaction of the City Engineer, which can be removed upon development of the property to the north and east of the project site. 5. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. Trail fencing shall be located outside the lines of sight. Landscaping and other obstructions within the lines of sight shall be approved by the City Engineer. The minimum focal distance of 8 feet, measured from a projection of the Wilson Avenue curb, shall be allowed in this case. 6. The centerline of Street "A" shall be located 10 feet west of a projection of the property line between parcels APN: 201-182-05 and 07 on the south side of Wilson Avenue. 7. The driveway for the remainder parcel shall be relocated outside the curb return for the Mayberry/Wilson Avenue intersection to the satisfaction of the City Engineer. PLANNING COMMISSION RESOLUTION NO. TENT P M 14190 - FORNEY June 24, 1992 Page 3 Planninq Division 1. Install all private trail and drainage facilities to the satisfaction of the City Planner and Building Official prior to recordation of the final parcel map. Drainage facilities shall be sized to accept ~interim undeveloped runoff from the north and east. 2. The private drainage facility along the east property line shall be relocated to the west side of the private trail. Section C-C on the Grading Plan shall be modified accordingly prior to the issuance of building or grading permits. 3. The private trail easement on lots 3 and 4 shall be in favor of the remainder parcel to the east in addition to the four parcels within this subdivision. This shall be noted on the final parcel map and provided for in the CC&Rs. The written language shall be reviewed by the Planning Division prior to recordation of the map. 4. Provide drive approaches along Wilson Avenue for the two local trail connections. Concrete aprons for drive approaches shall be transverse medium broom finish. Leave breaks in the Community Trail fence as well. 5. Tree Removal Permit No. 92-03 is hereby approved subject to the following: a. The Coast Live Oak Tree, identified as #4 in the arborist's report, shall be preserved in place or transplanted elsewhere on site in accordance. with the recommendations of the arborist~ including proper care and maintenance of the tree. If itis to be transplanted, the location shall be approved by the City Planner. The tree shall be protected in accordance with Rancho Cucamonga Municipal Code Section 19.08,110. b. The Eucalyptus trees shall be replaced with Eucalyptus maculata (Spotted Gum}, minimum 15-gallon size, spaced 8 feet on center adjoining the northerly property line. Tree replacement shall occur concurrent with home construction to insure proper maintenance. c. The Siberian Elm tree (#1), California Pepper (#2), Chinese Elm (#3), and Sycamore (#5), shall be removed and replaced concurrent with the street improvements. PLANNING COMMISSION RESOLUTION NO. TENT P M 14190 - FORNEY June 24, 1992 Page 4 d. Landscape' and irrigation plans shall be submitted for City Planner approval, addressing the preservation and replacement planting, prior to issuance of any grading or street improvement ~..~ permits. e. The Tree Removal Permit shall be valid for 90 days, subject to extension, from the date of final map recordation or building permits, whichever comes first. f. A copy of these conditions shall be disclosed to future owners of these parcels to the satisfaction of the City Attorney. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1992. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, 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 24th day of June 1992, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 24, 1992 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Steven Ross, Assistant Planner SUBJECT: MODIFICATION TO CONDITIONAL USE PERMIT 90-42 - CARL KARCHER ENTERPRISES - A request to develop a 3,535 square foot fast food, drive-thru restaurant on a pad previously approved for a sit-down restaurant, within a previously approved shopping center in the Regional Related Commercial District of the Victoria Community Plan, located on the south side of Foothill Boulevard, west of the future Day Creek Boulevard - APN: 229-021-10,15,19 and 28. PROJECT AND SITE DESCRIPTION: A. Action RecXuested bX Applicant: Approval of a Modification to Conditional Use Permit 90-42 to allow the construction of a drive- thru restaurant and approval of specific designs for same- B. Applicable Regulations: Drive-thru restaurants are permitted uses within the Regional Related Commercial District and typically only require the approval of a Development Review application. However, a modification to the original Conditional Use Permit for the Victoria Courtyard shopping center is required because the master plan did not show a drive-thru restaurant in this location. C- Surrounding Land Use and Zoning: North - Vacant; Regional Related Office/Commercial within the Victoria Planned Community South - Devore Freeway Right-of-Way East - Vacant; Utility Corridor within the Victoria Planned Community West - Vacant; Utility Corridor within the Victoria Planned Community D.General Plan Designations: Project Site - Commercial North - Commercial South - Freeway and Heavy Industrial East - Flood Control/Utility Corridor West - Flood Control/Utility Corridor E. Site Characteristics: No structures or other improvements exist on the site, which is covered with grape vines- ITEM C PLANNING COMMISSION STAFF REPORT CUP 90-42 - CARL KARCHER ENT. June 24, 1992 Page 2 F. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Drive-thru Rest- 3,954* 1/75 53 69 * 'Note: This includes 419 square feet of patio seating area- ANALYSIS: A. Background: The master plan for the Victoria Courtyard shopping center, Conditional Use Permit 90-42, was approved by the Planning Commission on July 10, 1991. The integrated shopping center consists of 13 commercial buildings totaling 316,414 square feet and a service station on 31 acres of land generally bounded by Foothill Boulevard, Day Creek Boulevard, the Devore Freeway, and a Southern California Edison Utility Corridor. The approved master plan for the shopping center indicated a 3,523 square foot sit-down restaurant on the freestanding pad where the Carl's Jr- drive-thru restaurant is now proposed, contigious to Foothill Boulevard. B. General: The project consists of a 3,535 square foot building and a 900 square foot patio with a ball crawl and outdoor eating area. The drive-thru aspect complies with the Planning Commission's design goals and policies for drive-thru uses, as established by Resolution No. 88-96. A stacking distance of 210 feet, enough for 11-12 cars, has been provided between the pick-up window and the drive-thru entrance which should prevent conflicts between drive-thru users and customers wishing to park and order' inside the restaurant- The drive-thru will be screened on all sides through the use of building orientation, grade differences, berming, screen walls, landscaping, and a wrought iron lattice- A truck loading/unloading area has been provided adjacent to an exterior circulation aisle. Access to the site will be available from Foothill and Day Creek Boulevards. C. Design Review Committee: On April 16, 1992, the Committee (Tolstoy, Vallette, Coleman) made the following comments and recommended approval of the project subject to staff's review of the revised plans prior to scheduling for the Planning Commission: 1. The ball crawl structure and any other equipment located in the outdoor patio should be painted to match the primary colors of the building. 2. A metal trellis matching that used around the patio should be used on the east side of the drive-thru canopy to screen the PLANNING COMMISSION STAFF REPORT CUP 90-42 - CARL ]<ARCHER ENT. June 24, 1992 Page 3 vehicles and piCk-up windows from adjacent properties and to reduce the amount of wind in the pick-up area. Vines should be densely planted along the base of the trellis. 3- A low wall and/or a higher berm should be provided adjacent to the southern portion of the drive-thru lane to adequately screen the cars. 4. The planter between the patio wall and the adjacent hardscape should be widened to ensure the healthy survival of the landscaping and to allow enough width for trees to be planted. If possible, a specimen size tree should be planted in the patio area to provide shade- Additional trees should be planted around the entrance to the building- 5. Enhanced paving should be provided in the handicap parking spaces because the spaces are often vacant and can double as an extension to the plaza. 6. Although the restaurant's signage will be governed by the uniform sign program for Victoria Courtyard, the Cormnittee stated that the conceptual signage was not in scale with the area between the arch and the cornice. To achieve the correct sense of scale, the letter height should be reduced or the available sign area should be increased- All of the above comments have been addressed in the revised plans, with the exception of the building's signage which will be reviewed separately with the submittal of the uniform sign program for Victoria Courtyard. D. Technical Review Committee: The project was conceptually approved by the Committee on April 15, 1992, subject to standard conditions contained in the attached resolution of approval. The Grading Committee approved the conceptual grading plan on May 14, 1992. FACTS FOR FINDINGS: In order to approve the project, the following facts for findings must be made: A- The proposed modification is in accord with the General Plan, the objectives of the Development Code, the Victoria Community Plan, and the purposes of the district in which the site is located. B- The proposed modification, 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 modification complies with each of the applicable provisions of the Development Code and the Victoria Community Plan- PLANNING COMMISSION STAFF REPORT CUP 90-42 - CARL KARCHER ENT- June 24, 1992 Page 4 CORRESPONDENCE: This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the project has been posted, and notices were sent to all property owners within 300 feet of the project site- RECOMMENDATION: Staff recommends that the Planning Commission approve the modification to Conditional Use Permit 90-42 to allow the construction of a drive-thru restaurant in place of the previously approved sit down restaurant through adoption of the attached Resolution of Approval with Conditions- Respectfully submitted, Brad Buller City Planner BB:SR/jfs Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Previously Approved Plan Exhibit "C" - Site Plan Exhibit "D" - Conceptual Landscape Plan Exhibit "E" - Conceptual Grading Plan Exhibit "F" - Building Elevations Exhibit "G" - Site Cross Sections Resolution of Approval / /- A'I3LVa:I~'d3S I ] s II~'J " 03 S3OO~d 38 l~ ;3::)1A83 ' RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 90-42, AND DESIGN REVIEW THEREOF, TO ALLOW A 3,535 SQUARE FOOT DRIVE-THRU RESTAURANT, WITHIN A MASTER PLANNED 31.13 ACRE SHOPPING CENTER, LOCATED AT THE SOUTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE FUTURE DAY CREEK BOULEVARD, IN THE REGIONAL RELATED COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-021-10, 15, 19 AND 28. A. Recitals. (i) Carl Karcher Enterprises has filed an application for a Modification to Conditional Use Permit No. 90-42 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Modification to the Conditional Use Permit request is referred to as "the application." (ii) On July 10, 1992, the Planning Commission of the City of Rancho Cucamonga conceptually approved Resolution No. 91-108, thereby approving the completed master plan for Victoria Courtyard Shopping Center. (iii) On the 24th day of June 1992, 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. (iv) 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 24, 1992, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property within an approved shopping center located at the south side of Foothill Boulevard, west of the future Day Creek Boulevard, with a street frontage of approximately 340 feet along Foothill Boulevard and lot depth of approximately 175 feet and is presently unimproved; and (b) The property to the north of the subject site is vacant, the property to the south of that site consists of the Devore Freeway, the properties to the east and west are vacant Southern California Edison corridors; and PLANNING COMMISSION STAFF REPORT CUP 90-42 - CARL KARCHER ENTERPRISES June 24, 1992 Page 2 (c) The property is zoned Regional Related Office/Commercial within the Victoria Community Plan; and (d) The application contemplates the construction of a 3,535 square foot drive-thru restaurant where previously a 3,523 square foot sit down restaurant was proposed. . 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 modification is in accord with the General Plan, the objectives of the Development Code, the Victoria Community Plan, and the purposes of the district in which the site is located. (b) That the proposed modification, 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 modification complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission has previously issued a Negative Declaration for the shopping center 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. Planninq Division 1) All conditions of Planning Commission Resolution No. 91-108 approving Conditional Use Permit 90-42 shall apply. 2) Truck loading and unloading shall be restricted to the area designated for truck parking. 3) All colors, materials, and architectural details shall be consistent with those used throughout the shopping center. 4) The play equipment shall be colored to match the building. PLANNING COMMISSION STAFF REPORT CUP 90-42 - CARL KARCHER ENTERPRISES June 24, 1992 Page 3 5) The following conditions shall be incorporated into the final landscape plans: a) Vines shall be planted at the base of the trellis screening the pick-up and cashier windows on the east side of the building. b) Dense shrubs shall be planted to screen the entire drive-thru lane from public view. c) Additional trees shall be planted around the patio area. 6) The signage shown on the elevations is conceptual only. The proposed signage requires a separate review and shall be subject to the provisions of the approved Uniform Sign Program for the shopping center. 7) Noise levels measuzed at the property line shall not exceed the level of background noise normally found in the area. 8) The premises shall be kept clean and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties. Trash containers, shall be required and employees shall be required daily to pick up trash or litter originating from the site upon the site and within 300 feet of the perimeter of the property. 9) All graffiti shall be removed within 72 hours. 10) No undesirable odors shall be generated on the site. 11) A copy of these performance standards and all Conditional Use Permit conditions of approval shall be posted along with the necessary business licenses and be visible at all times to employees. Enqineerinq Division l) Conditions of approval for Tentative Parcel Map 13803 and CUP 90-42 shall apply. PLANNING COMMISSION STAFF REPORT CUP 90-42 - CARL KARCHER ENTERPRISES June 24, 1992 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1992. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, 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 24th day of June 1992, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 24, 1992 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Scott Murphy, Associate Planner SUBJECT: CONDITIONAL USE PERMIT 92-'05 - IN-N-OUT BURGER - A request to construct a 2,912 square foot fast food restaurant (with drive-thru ) within a previously approved commercial retail center in the Regional Related Commercial designation (Subarea 4) of the Foothill Boulevard Specific Plan, located on the south side of Foothi 11 Boulevard between 1 - 15 and Etiwanda Avenue - APN: 229-031-03 through 13, 15, 16, 20, and a portion of 59. PROJECT AND SITE DESCRIPTION: A. Action Requested by Applicant: Approval of the Conceptual Site Plan, Conceptual Landscape Plan, Conceptual Grading Plan, and Building Elevations · B. Surrounding Land Use and Zoning.:. North - Church; Regional Related Commercial South - Proposed con~ercial building; Regional Related CoEmercial East - Proposed gas station; Regional Related Commercial West - Freeway off-ramp; Regional Related Commercial C- General Plan Designations: Project Site - Commercial North - Commercial South - Commer c ia 1 East - Commercial West - Commercial E. Site Characteristics: The site is presently being graded for the Price Club and Wal-Mart buildings- Pads are being created along Foothill Boulevard frontage for In-N-Out Burger, other restaurant users, and retail users · F. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Fast Food 2,912 sq. ft. ~ space/ 39 39 75 sq- ft- ITeM D PLANNING COMMISSION STAFF REPORT CUP 92-05 - IN-N-OUT BURGER June 24, 1992 Page 2 ANALYSIS: A. General: The applicant is proposing to develop a 2,912 square foot, drive-thru restaurant at the western end of the Foothill Marketplace commercial center. The building has been sited to orient the ~stacking portion of the driVe-thru lane to the side and rear of the building, thereby minimizing visibility of the stacking from Foothill Boulevard. That portion of the drive-thru lane along the Foothill frontage will be used by vehicles exiting the pick-up window. The design of the restaurant is consistent with the architecture of the center. B. Design Review Committee: The Design Review Committee (Melcher, McNiel, Kroutil) originally reviewed the proposal on March 19, 1992, and recommended the following revisions to the plans: 1. The integral public art for the center should be reviewed and approved prior to scheduling this project for the Planning Commission. Once the extent of the public art and the impact it may have on this site are known, the plans should be revised accordingly. 2. Because the drive-thru lane on the north side of the building will be for exiting and no stacking will occur, the Committee felt that setback from the street was acceptable with the inclusion of: a- A retaining wall on the north side of the drive-thru lane to bring the landscaping closer to street grade; and b. Shrub planting along the Foothill frontage to further screen the drive-thru lane. 3- Greater relief/treatment is needed on all elevations. 4. A trellis structure should be provided over the drive-thru lane on the east elevation- 5. The Committee would consider the use of canopy trees around the outdoor seating area in-lieu of a trellis- 6. Arched windows should be used under the arched elements of the elevations- 7. Pre-cast columns should be used at the towers. 8. The applicant should explore reducing the drive aisle widths to 26 feet (28 feet proposed) and shifting the building to the west. PLANNING COMMISSION STAFF REPORT CUP 92-05 - IN-N-OUT BURGER June 24, 1992 Page 3 9. The applicant should consider a 6-foot wall on the south side of the building to screen and separate the delivery area from the drive-thru and drive aisle. Upon submittal of revised plans for consideration at the meeting of April 16, 1992, the Committee (Melcher, McNiel, Kroutil) recommended that further revisions be made to the project as follows: 1. The retaining/screen wall on the east side of the drive-thru lane should be revised to allow placement of the trellis columns on top of the wall. 2. A minimum 20-foot wide landscape area should be provided on the east side of the building between the drive-thru trellis and the project entry- 3. The north window on the east elevation should be recessed to provide consistent window detailing around the front of the building- 4. Relocate the keystone elements from above the arches to the building corners- 5. Eliminate the reveal arch at the south end of the west elevation and continue the trim band behind the trellis. 6. The trellis beams should be increased in size and decreased in spacing. The applicant has provided revised plans that address the recommendations of the Design Review Committee- These plans are included as exhibits in the staff report- C. Technical Review Committee: Upon reviewing the plans submitted by the applicant, staff noted one minor inconsistency between the proposed site plan and the approved Parcel Map- Along the west side of the project, the radius of the freeway dedication is slightly smaller on the proposed plans- This will necessitate a minor shift in the driveway alignment in order to obtain a minimum 5-foot landscape setback- Because of the minor nature of the change, staff has simply added a condition of approval requiring the revision to be reviewed and approved by the City Planner prior to the issuance of building permits. D. Environmental Assessment: Conditional Use Permit 90-37 was approved by the City Council on August 21, 1991 and a Negative Declaration was issued for the project. As part of this approval, plans for a drive-thru facility at this location were considered in approving the Master Plan for the center- Because the application PLANNING COMMISSION STAFF REPORT CUP 92-05 - IN-N-OUT BURGER June 24, 1992 Page 4 is in substantial conformance with the master plan, the Negative Declaration issued for the original Conditional Use Permit adequately addresses the environmental impacts of the project- Therefore, no additional environmental assessment is required. FACTS FOR FINDINGS: The project is consistent with the General Plan, the Development Code, and the Foothill Boulevard Specific Plan. The project will not be detrimental to adjacent properties or cause significant adverse environmental impacts- In addition, the proposed use and site plan, together with the recommended conditions of approval, are in compliance with all applicable provisions of the Foothill Boulevard Specific Plan, the Development Code and City standards. CORRESPONDENCE: This item has been advertised in the Inland Valley Daily Bulletin as a public hearing, notices were sent to all property owners within 300 feet of the site, and the site was posted- RECOMMENDATION "' Staff recommends that the Planning Commission approve Cond'~i~ al se Permit 92-05 through adoption of the attached Re luti n. b d spectf 1 /su mite , / Brad Buller City Planner BB:SM:js Attachments: Exhibit "A" - Conceptual Site Plan Exhibit "B" - Conceptual Landscape Plan Exhibit "C" - Building Elevations Resolution of Approval .................... ~ t ~* J.NBiLJ. MVdBQ 'IVtIfiJ.:)BJJH3MV' %/ "*"'"" ............... " VDNOIqVOI'IO OHDNYIJ <C ,,LNIIIJ.M~dIQ '11f~II~I,:]aJ,.IN3M1F MlOtaNl ,LITO-N-NI .kovo,.. .,~ma,.. rmsa.ru i ~, ' "~ ~ ~'Z///g/"Z" C. Z RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 92-05, A REQUEST TO CONSTRUCT A 2,912 SQUARE FOOT FAST FOOD RESTAURANT (WITH DRIVE-THRU) WITHIN A PREVIOUSLY APPROVED COMMERCIAL RETAIL CENTER IN THE REGIONAL RELATED COMMERCIAL DESIGNATION (SUBAREA 4) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD BETWEEN 1-15 AND ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-03 THROUGH 13, 15, 16, 20, AND A PORTION OF 59. A. Recitals. (i) In-N-Out Burger has filed an application for the issuance of the Conditional Use Permit No. 92-05 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (ii) On the 24th day of Jun~ 1992, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on June 24, 1992, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located on the south side of Foothill Boulevard, east of the Interstate 15 freeway, with a street frontage of approximately 230 feet and a lot depth of 145 feet. The site is currently being rough graded; and (b) The property to the north of the subject site is zoned for commercial uses and is developed with a church. The property to the south and east is designated for commercial uses and is being graded for a commercial retail center. The property to the west is designated for commercial uses and has been set aside for the future freeway off-ramp; and PLANNING COMMISSION RESOLUTION NO. CUP 92-05 - IN-N-OUT BURGER June 24, 1992 Page 2 (c) The project will comply with all minimum standards of the City of Rancho Cucamonga; and (d) The development of a 2,912 square foot fast food restaurant is consistent with the Regional Related Commercial designation of the Foothill Boulevard Specific Plan and the commercial designation of the General 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 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of .the Development Code, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and a Negative Declaration was issued by the City Council on August 21, 1991. Further, this Commission finds that the application is in substantial compliance with the original approval for which the Negative Declaration was issued. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions, attached hereto and incorporated herein by this reference. 1) All pertinent conditions of Conditional Use Permit 90-37 and Parcel Map No. 13724 shall apply. 2) A minimum 5-foot landscape setback shall be maintained along the freeway right-of-way. The final plans shall be reviewed and approved by the City Planner prior to the issuance of building permits. 3) Noise levels measured at the property line shall not exceed the level of background noise normally found in the area. PLANNING COMMISSION RESOLUTION NO. CUP 92-05 - IN-N-OUT BURGER June 24, 1992 Page 3 4) The premises shall be kept clean, and the operator shall make all reasonable efforts to see that~ no trash or litter originating from the use is deposited on adjacent properties. For drive-thru restaurants or other uses which typically generate trash or litter, adequate trash containers, as determined by the City Planner, shall be required and employees shall be required daily to pick up trash or litter originating from the site upon the site and within 300 feet of the perimeter of the property, 5) All graffiti shall be removed within 72 hours. 6) No undesirable odors shall be generated on the site. 7) The on-site manager of the use shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises. 8) A copy of these performance standards and all Conditional Use Permit conditions of approval shall be posted along with the necessary business licenses and be visible at all times to employees. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1992. PLANNING COMMISSION OF THE CITY OF RANCHO CUCANONGA BY: Larry T. McNiel, 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 24th day of June 1992, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT #: :N~,:,,?~9,V',4I~ ~.?~' ,..,~'~,//" ~.~ -d,,~' SUBJECT: APPLICANT: ///V'-//V" ~J~'7' ~,~~' / LOCATION: Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limits 1. Approval shall expire, unless extended by the Planning Commission, it building permits are / / not issued or approved use has not cornmenced within 24 months from the date of approval. 2. Development/Design Review shell be approved prior to ! / , _.J 3. Approval of Tentative Tract No. is granted subject to the approval of / 4. Thedeveiopershallcommonce, partioipatein, and consurnmate or cause to be commenced, / / participated in, or consummated, a Mello-Rcos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The station shell be located, designed, and built to all .specifications of the Rancho Cucamonga Fire Protection District, and shall become the Distdd's property upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station, the developer shall comply with all applicable laws and regulations. The CFD 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 __J / first, the applicant shall consent to, or pertioipate in, the establishment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary school facilities. However, ff 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, ff 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 or issuance of building permits for said project, this condition shall be deemed null and void. This condition shall be waived ff 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, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or priorto issuance of permits in the case of all other residential projects. B. Site Development v/ 1. The site shall be developed and maintained in accordance with the approved plans which / include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planni.ng Division, the conditions contained herein, Development Code regulations, and ,~'~.~///l~.v, .Specific Plan Planned Community. 2. Prior to any use of the project site or business activity being commenced thereon, all / / Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. OccupancyofthefadlityshallnotcommenceuntiisuchtimeasallUnfformBuildingCodeand / / State Fire Marshairs regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucarnonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance pdor 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. v/' 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / / consistency pdorto issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or prior to final map approval in the case ol a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development / / Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. v'/ 7. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and / / Sherffi's Department (989-6611 ) pdor to the issuance of building permits. Such plan shall indicate style. illumination, location, height. and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are pmvicled, all trash pick-up shall be for individual units ./ / with all receptacles shielded from public view. v/ 9. Trash receptacle(s) am required and shall meet City standards, The final demgn, locations / / and the number of trash receptacles shall be subject to City Planner review and approval prior to issuance of building permits. v/' 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, berming, and/or landscaping to the satisfaction of the City Planner. SC * 2/91 2 '~ ~ 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 tinal map. v'/ 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 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 conjunction with street improvements. 14. The Covenants. Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine / / . animals where zoning requirements forthe keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to beards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation ol the / / Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. ,// 16. All parkways, open areas, and landscaping shall be permanently maintained by the property / / owner, homeowners' association, or other means acceptable to the City. Proot of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or / / dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the linal 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 lor 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 t~ buildings or structures, removal ot landmark trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units J / and tor heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. 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. SC-2/91 3 3. Standard patio cover pSans for use by the Homeowners' Association shall be submitted ~or G~ Ranner and Building Offic[a$ review and approval prior to issuance of building permits. v// 4. All roof appurtenances, including air conditloners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered I rom 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 building plans) ,,/ 1. All perking 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 provided throughout the development to connect owe Ilings/units/buildings with open spaces/ plazas/recreational uses. 3.All parking spaces shall be double stdped per City standards and all driveway aisles, entrances, and exits shall be stdped 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. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principel source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor perking areas. 6. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publicly maimalned landscape areas, reter to Section N.) v'/ 1. A detailed landscape and irrigation plan, including slope planting and model home landscap- ing in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Rannet review and approval priorto 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 harder in accordance with the Mu nicipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborisrs recommendations regarding preservation, transplanting and tdrnming methods. 3. Aminimumof treespergrossacre,compdsedofthefoliowingsizes, shall be Provided within the project: % - 48- inch box or larger, % - 36- inch box or larger, __ % - 24- inch box or larger, __ % - 15-gallon, and __ % - 5 gallon. v/ 4. A minimum of ~-~ % of trees planted within the project shall be specimen size trees - 24-inch box or larger. v// 5. Within parking lots. trees shall be planted at a rate of one 15-galion tree for every three parking stalls. sufficient to shade 50% of the perking area at solar noon on August 21. SC-2/91 4 "~ ~' v/ 6. Trees shall be planted in areas of public view adjacent to and along structures at a rate o! one tree per 30 linear feet of building, / v// 7. Aii private slope banks 5 feet or less in vertical height and of 5:l orgreaterslope,butlessthan / J 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 8. AII private slopes in excess of 5 feet, butlessthan8 feet in vertical height and of 2:l orgreater ---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. of slope area, 1-gallon or larger size shrub per each 100 sq. It. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to 9. For single family residential development, all slope planting and irrigation shall be continu- / / ously maintained in a healthy and thdving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy forthose units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory 10. For multi-family residential and non-residential development, property owners are respen- ! / 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 debds and maintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 11. Front yard landscaping shall be required per the Development Code and/or / / · This requirement shall be in addition to the required street trees and slope planting. 12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be / / included in the required landscape plans and shall be subject to City Planner review and approval and coordinated Ior consistency with any parkway landscaping plan which may be required by the Engineering Division. v/ 13. Special la ntiscape features such as mounding, alluvial rock, apecimen size trees, meander- / / ing sidewalks (with horizontal change), and intensified landscaping, is required along 14. Landscaping and irrigation systems required to be installed within the public right-of-way on J / the pealmater of this project area shall be continuously maintained by the developer. 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, / the design shall be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and submitted for City Planner review and / J-- approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. V/ 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 - 2/9t 5 '~ / F. Signs v// 1. The signs indicated on the submitted plans are conceptual only and not a Part of thisapproval. / / Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division priorto installation of any signs. 2. AUnfformSignprograrnforthisdevelopmentshallbesubrnittedforCitYPlanner reviewand ./ / 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 pdor to issuance of building permits. G. Environmental 1. The developer shall provide each prospective buyer written notice of the Fourth Street Rock / / Crusher project in a standard format as determined by the City Planner, 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 proparty. 3. The developer shall provide each prospective buyer written notice of the Foothill Freeway / / project in a standard format as determined by the City Planner, pdor to accepting a cash deposit on any property. 4. A final acoustical report shall be submitted for City Planner review and approval prior to the / / issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and it appropriate, verity 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 v/ 1. Emergency secondary access shall be provided in accordance with Rancho Cucamenga Fire/ Protection District Standards. v/ 2. Emergency access shallbe provided, maintenance free and clear, a minirnumof26feetwide / / at all times dudng construction in accordance with Rancho Cucamonga Fire Protection District requirements. v// 3. Prior to issuance of building permits for combustible construction, evidence shall be / J submitted to the Rancho Cucamenga Fire Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. v/ 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 / /- supix}rtive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official pdor to the issuance of Septic Tank Permits, and prior to issuance of building permits. sc - 2/91 6 '~/r"'T APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. SIte Development v/ 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 ol the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing u nit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. v'/ 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. v/ 4. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prior to issuance of building permits. J. Existing Structure 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 fadlities shall be removed, filled and/or capped to comply with the Uniform Plumbing Code and Uniform Building Code. 4. Underground on-site utilities are to be located and shown on building plans submitted for building permit application. K. Grading 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 conformarms with the approved grading plan. v/ 2. A soils report shall 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 bounclades; a Soil Disturbance Permit is required. Please confact San Bernardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance ol rough grading permit. 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 final grading plans shall be completed and approved priorto issuance of building permits. SC - 2/9 1 7 '~ I ~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 24, 1992 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Scott Murphy, Associate Planner SUBJECT: CONDITIONAL USE PERMIT 90-37 - FOOTHILL MARKETPLACE - Review of the proposed integral public art for inclusion in the previously approved commercial retail center located on the south side of Foothill Boulevard between 1-15 and Etiwanda Avenue - APN: 229-031-03 through 13, 15, 16, 20, and a portion of 59. BACKGROUND: On January 3, 1991, the Historic Preservation Commission recommended to the City Council a Point of Interest Designation for the Foothill Marketplace site- As a part of the recommendation, the Historic Preservation Commission included a condition requiring the integration of public art into the design of the buildings that reflected the familial and wine-making past of the southern Etiwanda area. This condition was required as mitigation for the cultural resources being lost with the redevelopment of the site- The City Council subsequently approved the Point of Interest Designation, including in their Resolution the condition for integrated public art. This condition was eventually incorporated into the Resolution of Approval for Conditional Use Permit 90-37 adopted by the Planning Commission and City Council- HISTORIC PRESERVATION COMMISSION: During the past few months, the applicant has been finalizing the integral public art for submittal to the City. On May 7, 1992, the Historic preservation Commission reviewed the formal proposal for the integral public art. After considering the various designs, media, and styles, the Commission directed the applicant and staff to pursue a final concept utilizing the following criteria: 1. Murals in a realistic style with subtle colors and tones so as not to "fight" with the design and colors of the buildings- 2.Several smaller murals should be provided across the site instead of one 20 x 40-foot mural. 3. The use of grape leaves on an arch and/or stamped into the concrete was appealing. ITeM E PLANNING COMMISSION STAFF REPORT CUP 90-37 - FOOTHILL MARKETPLACE June 24, 1992 Page 2 4. The possible use of a bas-relief within the main plaza area should be considered. 5. Narrative text should be provided to describe the Etiwanda history in addition to the pictorial displays- With the focus more clearly defined, a new proposal (see Exhibit "A") was submitted for review by the Historic Preservation Commission at their June 4, 1992, meeting. After considering the information, the Commission recommended the following be pursued for incorporation into the final design of the center: 1. In that the Point of Interest Designation was for the entire site, any proposal should include integral art across the entire site. While Price Club and Wal-Mart may not allow the art on their parcels, the western portion of the site under the control of the applicant can be used for additional displays. Possible subjects include the Campanella family and the Big Bear Winery. 2. Four murals should be provided for the project - two within the eastern portion and two within the western portion. Two murals were selected each from Rebecca Guzak (Nos- 2 and 3) and Susana Sheid (Nos. 1 and 2). The murals from each artist should be kept together and not intermixed with the other artist's work. 3- Two welded grape arbors at the main plaza entries should be provided- 4. Grape leaf patterns should be embedded into the concrete around the grape arbors/arches- 5. Medallions should be used within the eastern and western portions of the site- The medallions should be designed with a narrative, informational focus rather than an art focus- The applicant should work with staff on the final wording of the medallion descriptions- 6. The bas-relief and reflecting pool should be used in the main plaza area- The final design of the bas-relief should be reviewed and approved by staff. 7. Indigenous plant materials with sculptural and exotic shapes should be used to enhance the main plaza area. 8. Maintenance of the reflecting pool and murals should be included- PLANNING COMMISSION STAFF REPORT CUP 90-37 - FOOTHILL MARKETPLACE June 24, 1992 Page 3 DISCUSSION: As required by the Conditions of Approval for Conditional Use Permit 90-37, the recommendation of the Historic Preservation Commission shall be forwarded to the Planning Commission for final approval. Because of the size of the exhibits, they could not be included with the staff report- The exhibits will be available at the Planning Commission meeting for review. RECOMMENDATION: The Historic Preservation Commission and staff recommends that the Planning Commission approve the integral public art for Conditional Use Permit 90-37 through adoption of the attached Resolution. Respe ly sub ' d, C P ity lanner BB:SM:mlg Attachments: Exhibit "A" - Integral Public Art Proposal Resolution of Approval FOOTHILL MARKETPLACE PARTNERS Integra! Art Proposal Summary May 28, 1992 On Thursday, May 7th, the Foothill Marketplace Partners appeared before the Historical Preservation Commission to present their initial report on the Integral Public Art Condition for the development of the shopping center. Various artistic concepts were presented and discussed in detail. Foothill Marketplace Partners summarized their efforts to date and proposed their ideas for ways to represent the history throughout the site. (See attached copy of summary). The Commissioners reviewed the package and gave direction for the developer's final submittal. The Commissioners felt that first and foremost, the purpose of the art should be to educate and inform. Generally, there was a consensus that the art should be realistic (not abstract), and should tell the story of the grape and italian wine-making community. Specific attention will be brought to the families which lived on the site. The instructions suggested that bright colors should be avoided, but instead emphasizing earth tones. The murals were also to be down-scaled; illustrating only one or two scenes. Acting upon the developer's suggestion, the Commissioners agreed to pursue three artists for a final submittal to be made for the June 4th Historical Preservation Commission meeting. Two muralists, Susana Shied and Rebecca Guzak, were selected. A third artist, Linda Quinn, was also chosen to pursue several ideas for the plaza area. Subsequent to the Hearing, a meeting was held at City Hall with the three artists to further define the perimeters for their presentations. The developer produced and distributed an exhibit (attached) to assist the muralists with size and location criteria. Included in this package are each of the three artists' revised proposals. The following proposal is intended to set a framework for the Commissioners' final approval selection. DEVELOPER'S SUGGESTIONS For the Commissioners review, Foothill Marketplace Partners have included with this submittal a site plan that calls out the specific locations in which we propose to feature the integral art. It is our feeling that the site's history can be best portrayed through a variety of artistic mediums. FOOTHILL MARKETPLACE PARTNERS Integral Art Proposal Summary Page Two MEDALLIONS Consistent with several of the Commission's comments, Foothill Marketplace Partners feel the medallions should be a very' direct recount of the site's history. Artwork should be kept to a minimum. The locations chosen by the developer for the placement of the medallions correspond to the approximate location of the site's early structures. For example, on Pad 4 a narrative describing the Guidera house would be placed in a location that was appropriate once the final design of this building was determined. To narrate the story, the developer feels six different medallions should be placed throughout the eastern portion of the site. To accurately describe the history and place the medallions appropriately, we suggest final language and location be !eft to the City's planning staff. The six suggested locations are designated on the attached site plan by the letter "M". SCULPTURE As a second element of the integral art, Foothill Marketplace Partners suggest contracting with Linda Quinn to pursue her proposal as detailed in her attached letter. The plaza fountain would be replaced with a reflection pool featuring a monolith bas-relief depicting the history of the area in picture-story form. Additionally, simple but eloquent metal arbors or archways would be placed at two of the entrances to this area. The arbors would be three copper pipes arching over each other with metal grape vines and soft tendrils trailing and wrapping over the pipes. Finally, grape leaves would be stamped in the concrete. MURALS Foothill Marketplace Partners feels two murals, one painted directly on the stucco and the second painted in a mosaic style on ceramic tiles, would complete the site's history. Our preference is Susana Sheid's #1 for the mosaic and Rebecca Guzak's #4 for the direct mural. Foothill Marketplace Partners look forward to the Commission's directions on this proposal. ARTE DE SUSANA 445 El Modena Avenue Newport Beach, California 92663 Telephone: (714) 631-8660 Facsimile:(714} 261-0772 May 28, 1992 ' Mr. R. Phillip Ramming III Senior Vice President THE WATTSON ARNO COMPANY 3620 Birch Street, Suite 100 Newport Beach, California 92660 Re: Proposal for Artwork in Public Areas of the Foothill Marketplace; Rancho Cucamonga, California Dear Phil: Based on your instructions in our last discussion, the design of the murals were to be made less decorative and more educational, showing the process of winemaking during the 1920's and 1930's occurring at the Foothill Marketplace site. After some investigation, the designs that I am presenting are as follows: Mural Number I Plowing the Fields and Harvesting the Grapes Mural Number 2 Pressing the Grapes and Constructing the Barrels Mural Number3 Pumping the Wine, Filling, Corking and Labeling the Bottles Mural Number 4 Scene of the Winery with a Portrait of the Guidera Family These designs which I am presenting are subject to some modification and refinement. If my proposal was to be accepted, I would continue my research, focusing on the Guidera, Campanella and Di Carlo families to find more information on their lives. As an example, I would like to find out if they plowed the land with mules at that time or used tractors for the work. Also it would be important for me to portray the families and their activities with as much accuracy as possible. Mr. R. Phillip Ramming III May 28, 1992 Page 2 It should be noted that the layout of the murals corresponds to the locations of the artwork in the Foothill Marketplace. The specifications indicate that the murals are to be 5 feet high by 15 feet wide each. They also indicate that the murals will be situated on a corner so that one exposure will be 5 feet high by 5 feet wide and the adjacent exposure will be 5 feet high by 10 feet wide. Each of my murals is designed so that it will depict a separate scene in each segment of the mural, yet when the scenes are combined or viewed together they are harmonious and consistent in context. As far as the colors are concerned, they will be more muted, based on your comments, in order to give a more traditional rather than modern character. If the murals are done in ceramic tile, the background will be white, as is the color of the unpainted and unglazed ceramic tiles. The cost of the murals done on ceramic tile will include the conceptual studies, the artwork, the cost of all underglaze paints, finish glazes and the firing of tiles. Not included in this price will be the cost of the field and decorative tiles and the installation of the tiles on the walls. The cost of the murals done on ceramic tile will be This price also reflects the substantial amount of detail which has been requested in the proposal. The cost of the murals painted directly on the finished plaster surface will include the conceptual studies, the artwork, the cost of all paints, finish sealers and travel to and from the work site. The cost of the murals painted directly on the finished plaster surface will be -~ This price also reflects the substantial amount of detail which has been requested in the proposal. The cost of maintaining the artwork would be charged on an hourly basis as needed. The hourly rate for this work would be $50 per hour including travel time to and from the site. Thank you again for allowing me to present my ideas for your artwork in the Foothill Marketplace. Sincerely, Susana Diaz Rivera de Sheid Enclosures S~lO: Co!logo Business ~k Rebecca Guzak 1182 N. Padua Avenue, Unit 1 839 Souffi V~ino Drive Upl~d, Califom~ 9179 ! 786 Glendon. C~omh 917~ 714-949~5~ 818-963-2236 LINDA QUINN QUINN'S CREATIONS 1366 Logan Street, Suite G & F Costa Mesa, CA 92626 714-751-6279 May 28, 1992 Mr. Phillip Ramming The Wattson Company 3620 Birch Street Suite 100 Newport Beach, CA 92660 RE: Proposal II - Foothill Marketplace Dear Mr. Ramming: Please accept the following revised proposal for the artwork to be performed at Foothill Marketplace in the city of Rancho Cucamonga. Plaza Courtyard The plaza courtyard is an area that is probably the most important in the whole marketplace. Plazas have been utilized for countless decades as a public meeting place, a gathering place for individuals and families. I would like this area to entice the public to spend time here to rest, play and interact. To start, the entrance needs to state a special space with a subtle boundary to the area, that says "This is special". The simpler the approach the better. Over the entrances, I'm proposing metal pipe arched over the concrete path. Three arches over each individual entrance. One main arch, approximately 1"-11/2" round metal tubing. Repeating the same arch, two smaller diameter metal tubes on each side of the main one. Approximately 3/4"- 1/2". In metal there would be ivy vines; leaves with tendrils and clusters of grapes. A metal interpretation of grape vines. This would be metalized to prevent any metal corrosion, and then painted in a rustoleum metal paint. Over this will be subtly painted natural tones of nature on the leaves and tendrils. Each arch would be welded firmly and embedded or mounted in concrete. Mr. Phillip Ramming May 28, 1992 Page 2 As the participant walks through and under the archway, the path they walk on is concrete, smooth troweled squares with sandblasted concrete squares. The geometric design would be broken up with leaf patterns, softly embedded incised images of grape leaves naturally and randomly placed. Some areas would be denser than others, as leaves would fall in nature. This would be achieved by stamping or tapping metal leaves into the appropriate time when concert is being poured. Removing the metal at a later time, ~,ou would achieve a shallow image embossed in the concrete. The depth would be slight and create no problem walking on the surface, in fact in wet times it would only create better friction. Plaques, Medallions, and other similar products, I can also help you with. Whether this be cast in bronze or inscribed on metal plates. These can be done on an hourly fee basis, if I'm not personally making it with my crew in my studio. In the center of the plaza replacing the fountain, I have proposed a cylindercal stone sculpture depicting the historical imagery. The material being used would be a durable cast stone or a carvable light-weight concrete. Both materials are intended for exterior space and both can be carved into. This piece would approximately. be 5'-5 1/2' high and 4'-3 1/2' feet wide. A viewer can walk entirely around the piece. Sta!?ing at the top and wrapping around the piece, would be a bas-relief or incising/carved im 3ery, depicting in story form a historical theme. The theme can be decided upon at a later date. Surrounding the monolithic sculpture will be a reflection pool with an approximate 3 1/2'-4' radius from sculpture. A written description will be placed around the perimeter of the poo!'s ledge. The viewer can read what is being depicted on the art piece. This is an effective way in which to educate the public and make it interesting and enjoyable. The plants that are used in this area are also an important aspect to the overall mood and aesthetics of the space. Very simply, utilizing indegious plants, with sculptural and exotic shapes would enhance the environment and add to the overall theme. Other areas not discussed previously that need elements of the viticulture included, can be added simply and to compliment the whole project. Mr. Phillip Ramming May 28, 1992 Page 3 Costs on Main Items.: 1. Arbors over entrances: costs includes materials, fabrication, and custom finish. This doesn't include installation or metalizing. I will have to give my metalizers a complete drawing to get their price. Each Arbor: depending on density of plant motif. 2. Pattern of ivy leaves in concrete walk: hourly charge/fqr two persons - 3. A. Sculpture Column - approximate price between - includes materials, fabrication, carving, design and finish..Installation to be worked out with Wattson Company. B. Written description of sculpture piece - difficult at this time to price. Decision on materials, amount of information to inscribe, etc. The marketplace project is not only a large scale undertaking, but specific needs need to be met on many other levels. From my own personal experience, when so many individuals are involved, it can be difficult to move forward. I, and my Company, have provided art consultation for a variety of businesses and individuals. Not ~x,.!y the art conceptions, but providing solutions to fabrications of materials that need to press their uniqueness. If you find that you need a service of this nature, please keep me in mind. l'm a strong believer that artistic endeavors/or statements can be accomplished without costs skyrocketing. By using the creative concepts with new approaches. The main objective on any project is to turn out a successfully completed job and to have everyone happy with the outcome. Sincerely, Linda Quinn FOOTHILL MARKETPlACE PARTNERS Integral Art Proposal Summary / As part oVResolution 91.86 adopted July of 1991, Foothill Marketplace Partners are required to fulfill various conditions pertaining to the loss of historical points of interest that were on our site prior to its development of the shopping center. At this point, all the conditions, with the exception of the integral art, have been ful~lled. PROPOSAL SUMMARY In Foothill Marketplace's April 24, 1992 submittal, we presented artistic conceptions in three mediums from seven artists. These proposals can be summarized as follows (detailed information is contained in the April 24, 1992 submittal): Ceramic and Bronze Plaques Foothill Marketplace's design team, working with the artists, conceptualized a narrative history to be displayed throughout the shopping center portraying the wine making and Route 66 heritage. This artistic portrayal would be displayed in pedestrian/shopper gathering areas and in a building cornerstone presentation. Another idea for this concept is to incorporate the ceramic tiles as a framework for the medallions to be set in the plaza fountain. Sculpture This art piece incorporates the wine making past by portraying the image of grapevines composed of machinery and tools used by the wineries. This piece would be placed in the plaza area as the main focal point. Murals Rebecca Guzak She uses a layered mural, depicting the rural atmosphere of the Etiwanda region as well as various illustrations of local specific buildings and families. This idea portrays the historical wine-making industry and architecture as well as the pioneering and hard work of the families. The mural is done in muted coloring, creating a realistic picture of antiquity. Trace Tres Fukuhara This artist included two different concepts for a mural. The first is a paneled mural with eight separate designs. Each design depicts a phase of the wine-making process from start to finish. This concept portra s the hard work and struggle endured by FOOTHILL MARKETPLACE PARTNERS Integral Art Proposal Summary Page 2 of 3 the pioneering families. The second mural is a unique design for a focal corner point display. This concept displays the vineyards and local environment. Both murals use vivid colors. Stephen L. Schloss This presentation is a modern realist approach using vivid coloring to create a feeling of festivity and movement. It displays several aspects of the farming and production of wine in the 1920's. It also portrays a pioneering family in a celebration atmosphere, toasting to a worthy harvest. Susana Sheid She included two ideas, both of which use ceramic tiles as her foundation using vibrant colors and rich textures. Her first concept uses the mountains as a backdrop to fields of vineyards, with a relaxed atmosphere of women and children harvesting the grapes and plowing in the vineyard. Her second idea is portraying members of the families to one side and in the center is a view of a man atop a horse-drawn wagon hauling grapes from the fields back to the winery. At the other side of the mural is a view of the Guidera Wine Store. Robert Downs His design is to create a mural by painting the artwork on ceramic tiles and arranging them in a unique and colorful display depicting various relics and artifacts from the local area. DEVELOPERS PROPOSAL Although the city ordinance suggests a selection by the Historical Preservation Committee and the Planning Commission of one of the three proposals, our review and discussion with the staff have concluded that a mix may be more appropriate then selecting one art piece. We feel the history may be best represented through a variety of smaller art statements. The Foothill Marketplace Partners suggest that the Historical Preservation Committee approve a plan for integral artwork which consists of the following: 1) Feature family names through out the site on monument and directory signs consistent with the illustration in our detailed submittal. FOOTHILL MARKETPLACE PARTNERS Integral Art Proposal Summary Page 3 of 3 2) Incorporate into pads 2, 3 and 4, the medallion concept. These pads were selected because they are located on the site of the now removed historical points of interest. Each pad would feature a narrative in ceramic tile with a bronze medallion describing the structures and acts that once took place at the site. Two examples are as follows: Narrative #1: The dwellings of the DiCarlo, Schiro, Campanella, Ellcan, Columbaro and Guidera families were once located on this site. These families forged a community based on shared cultural background, faith and way of existence. Narrative #4: On this site once stood the Orchard/Meier filling station which is linked historically to the small retail wineries in the area and lies beside the most popular thoroughfare of the time, Route 66. 3) Foothill Marketplace Partners suggest that two muralists are selected to paint their work in the two areas marked on the attached site plan. We feel two murals of limited size would give a greater impact than one larger statement. We suggest that Rebecca Guzak, Susana Sheid and Tres Fukuhara be given further direction and be requested to submit final proposals. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE INTEGRAL ART FOR CONDITIONAL USE PERMIT NO. 90-37 FOR INCLUSION IN THE PREVIOUSLY APPROVED COMMERCIAL RETAIL CENTER, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD BETWEEN 1-15 AND ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-03 THROUGH 13, 15, 16, 20, AND A PORTION OF 59. A. Recitals. (i) On January 3, 1991, the Historic Preservation Commission recommended approval of a Point of Interest Designation to the City Council for the 60-acre parcel located on the south side of Foothill Boulevard, between 1-15 and Etiwanda Avenue, more commonly referred to as "Foothill Marketplace." As part of their recommendation, the Historic Preservation Commission recommended several conditions to mitigate the lose of cultural resources upon development of the site. One condition required the interaction of public art into the design of the buildings that represented the familial and wine-making past of the southern Etiwanda area. (ii) On February 20, 1991, the City Council reviewed and approved the Point of Interest Designation for the site and included the conditions recommended by the Historic Preservation Commission. (iii) On August 21, 1992, the City Council approved Conditional Use Permit 90-37 for the development of a 60-acre commercial retail center, consisting of approximately 550,000 square feet of leasable space. Conditions of approval on the project included the requirements outlined in the Point of Interest Designation. (iv) On May 7, 1992, the Historic Preservation Commission reviewed the integral public art submittal and continued the meeting to June 4, 1992, to allow further refinement to the proposal. (v) On June 4, 1992, the Historic Preservation Commission reviewed and recommended approval of a proposal for integral public art within the Foothill Marketplace project. (vi) On June 24, 1992, the Planning Commission conducted a meeting on the proposed integral public art and concluded said meeting on that date. (vii) 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: PLANNING COMMISSION RESOLUTION NO. CUP 90-37 - FOOTHILL MARKETPLACE June 24, 1992 Page 2 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced meeting on June 24, 1992, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The application applies to a ±60-acre parcel of land located on the south side of Foothill Boulevard between 1-15 and Etiwanda Avenue, with a street frontage of ±2,175 feet along Foothill Boulevard and ±600 feet along Etiwanda Avenue. The site is presently designated for Regional Related Commercial and Light Industrial uses and is developed with single-family residences, a winery complex, and a converted gas station; and (b) The property to the north of the subject site is designated for Commercial uses and is improved with a mix of uses including a church, single-family residences, retail stores, and a converted winery. The property to the south is designated for Industrial uses and is developed with an industrial business, is being developed with a water transmission facility, and is vacant. The property to the east is designated for Commercial and Residential uses and is vacant and developed with single-family residences. The property to the west, opposite the 1-15 Freeway, is designated for Regional Commercial uses and is vacant; and (c) The integration of public art is consistent with the original approval of Conditional Use Permit 90-37 to mitigate the lose of cultural resources existing on the site. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed use is in accord with the objectives of the Development Code, and the purposes of the district in which the site is located; and (c) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: PLANNING COMMISSION RESOLUTION NO. CUP 90-37 - FOOTHILL MARKETPLACE June 24, 1992 Page 3 Planninq Division 1) All applicable conditions of Conditional Use Permit 90-37 shall apply. 2) Four murals shall be provided within the site - two within the eastern portion and two within the western portion of the site. The murals shall consist of two by Rebecca Guzak (Nos. 2 and 3) and two by Susana Sheid (Nos. 1 and 2). The murals shall be grouped by artist. The final location of the murals shall be reviewed and approved by the Planning Commission as part of the Design Review of the specific buildings. 3) Medallions shall be provided within the eastern and western portions of the site. The medallions shall be designed with a narrative and informational focus rather than an art focus. The final design, location, and wording of the medallions shall be reviewed and approved by the City Planner prior to the issuance of building permits for the eastern and/or western phases of the project. 4) Two welded grape arbors shall be provided at entries to the main plaza area within the eastern portion of the site. The final design and locations shall be reviewed and approved by the City Planner prior to the issuance of building permits for the eastern phase. 5) Grape leaf patterns shall be embedded into the concrete around the grape arbors. The work shall be completed prior to release of occupancy for any buildings around the plaza area. 6) The bas-relief and reflecting pool shall be used in place of the fountain within the plaza area. The final design of the bas-relief shall be r%viewed and approved by the City Planner prior to the issuance of building permits for the eastern phase. 7) Indigenous plant materials with sculptural and exotic shapes shall be used within the plaza area to enhance the aesthetic and cultural significance of the area. The final plans PLANNING COMMISSION RESOLUTION NO. CUP 90-37 - FOOTHILL MARKETPLACE June 24, 1992 Page 4 shall be reviewed and approved by the City Planner prior to the issuance of building permits for the eastern phase. 8) All integral public art and the reflecting pool shall be maintained consistent with the approved plans. 9) All integral public art shall be installed prior to occupancy of the building/pad on which the art is to be installed/painted. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1992. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, 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 24th day of June 1992, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 24, 1992 ~ TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: DEVELOPMENT REVIEW 91-23 - R.K. DEVELOPMENT - The development of a single family house totaling 5,007 square feet on 0.5 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located at 5041 Beryl Street - APN: 1061-821-15. ABSTRACT: This item has been referred by the City Planner to the full Planning Commission to review the proposed custom house design for a hillside lot relative to major design issues discussed at the May 21, 1992, Design Review Committee meeting. BACKGROUND: This infill lot is located on the east side of Beryl Street within Tract 11626 which is developed with custom homes on all sides (see Exhibit "A"). Most of the houses within this tract were approved prior to the adoption of the Hillside Development Regulations, and represent the type of hillside development that is undesirable. The existing grade slopes 10 to 30 percent from west to east (see Exhibit "B"). The steeper areas are the result of fill from construction of surrounding houses- The project was originally submitted in December 1991, but was deemed incomplete for inadequate and inaccurate plans- As part of the incomplete notice, staff also identified major design issues relative to inconsistencies with the intent of the Hillside Development Regulations. The project was resubmitted and deemed complete in late April 1992, however, the major design issues were not resolved. APPLICABLE REGULATIONS: The house is subject to City Planner review (i.e-, design review) under the Hillside Development Regulations (Rancho Cucamonga Municipal Code Section 17.24.020) because the existing slopes are greater than 8 percent and 4.5 feet of fill is proposed. However, in this instance, the City Planner has invoked his authority to refer the project to the Planning Commission because of the negative recommendations from the advisory committees and the applicant's reluctance to change the design. A. Design Review Committee: The Design Review Committee (Melcher, Tolstoy, Coleman) reviewed the project on May 21, 1992, and focused on three major design issues as listed below. The Committee did not recommend approval and noted that significant modifications to the house would be necessary- 1. The Committee determined that the house design is contrary to the intent and requirements of the Hillside Development Regulations for the following reasons: ITE~ F PLANNING COMMISSION STAFF REPORT DR 91-23 - R.K. DEVELOPMENT June 24, 1992 Page 2 a. The house is designed with essentially a flat first floor (see Exhibit "D- 1" and "F- 1" ) . b- The 1,218 square foot lower level (see Exhibit "D-3") required approximately 5 feet of cut below existing grade (see Exhibit "G" and "B-2"). c- The finished floor at the southeast corner of the house is 10 feet above existing grade requiring approximately 4 feet of fill and 2:1 and 3:1 slopes on top of a 4-foot retaining wall (see Exhibit "B-2" and "B-3")- d. The effective visual bulk of the house, as viewed from the east, is that of a three story house, measuring 37 feet (see Exhibit "E-2"). Staff Comment: The intent of the Hillside Development Regulations is to fit the house to the landform- Special architectural and design techniques are required, such as split level foundations of greater than 18 inches, stem walls, stacking, and terracing- The floor plan is not sensitive to the existing grade which falls approximately 8 to 11 feet from front-to-back of the house (see Exhibit "B-3" and "C-4")- The design concept is based on a flat first floor in which only the family room has been stepped down 12 inches. 2. The proposed fill grading, which raises the finish grade at the southeast corner of the house so that overall height does not exceed the maximum building envelope, is not an acceptable solution. Staff Comment: The fill is being used to artifically raise the landform bocause the building envelope is measured from finished grade (see Exhibit "E-2")- The first floor of the house is 10 feet above existing grade at this location (see Exhibit "B-2"). 3- The proposed grading scheme is inconsistent with the intent and criteria of the Hillside Development Regulations. Staff Comment: The cut/fill plan submitted by the applicant indicates that 55 percent of the site is being graded to create a pad for the house (see Exhibit "G")- The Hillside Development Regulations established a standard that "lot padding is limited to the boundaries of the structure's foundation and a usable rear yard area of 15 feet---" Further, the resulting slopes are designed at a constant 2:1 angle, creating a rigid "engineered" appearance, which is inconsistent with the guidelines- The proposed 4-foot high retaining wall along the south elevation exceeds the 3-foot height limit- Due to the significance of the Committee's concerns, and the applicant's reluctance to redesign the house, the secondary design issues identified by staff were not discussed (see Exhibit "H"). However, the Committee PLANNING COMMISSION STAFF REPORT DR 91-23 - R.K. DEVELOPMENT June 24, 1992 Page 3 did recommend lowering the pitch from 8:12 to 6:12. This would lower the main roof peak by 4 feet and significantly reduce the effective visual bulk of the house- Following the Committee meeting, the applicant submitted the attached written statement in support of the project design as proposed- The applicant is requesting that the house be approved in its present configuration. B. Grading Committee: The project was also reviewed by the Grading Committee on May 19, 1992. The Grading Committee did not recommend approval and requested additional information. The Committee felt that the proposed design did not minimize grading. OPTIONS: The following options may be considered: 1. Deny the project based upon the negative recommendations of the advisory committees, or 2. Refer the item back to the Design Review and Grading Committees for redesign, if the applicant is willing, or 3. Approve, or conditionally approve, the project as proposed. RECOMMENDATION: Staff recommends that the Planning Commissi'on consider the staff report, and the applicant's testimony. If the Commission concurs with the advisory committees, then the project should be denied through adoption of the attached Resolution. However, if the design is deemed "workable", then the City Planner should be directed by minute action to approve or take the item back to the committees for refinement- Respectfully submitted, City Planner BB:DC:mlg Attachments: Applicant ' s Letter Exhibit "A" - Location Map Exhibit "B" - Grading Plan Exhibit "C" - Slope Profiles Exhibit "D" - Floor Plan Exhibit "E" - Elevations Exhibit "F" - Structural Sections Exhibit "G" - Cut and Fill Plan Exhibit "H" - Design Review Committee Action Comments dated May 21, 1992 Resolution of Denial June 16, 1992 L City of Rancho Cucamonga J~]~1619 R 15000 Civic Center Drive "' Post office sox SOy ' ~imlHl~ill218ld~. Rancho Cucamomga, CA 91729 t Attention: Planning Re : Design Review 91-23 Gentlemen/Ladies: I am writing this letter to you to request a review of the decision of your Design Review Committee on May 21st on the above project and to secondly, to appraise you of additional facts on the project. At the outset, I would hope that you would all agree, as did the Design Review Committee, that the above project is in complete compliance with the letter of the llillside Ordinance. There is nothing in the present design that violates the ordinance as it is written. The objections to the project seem to be in application of subjective standards by certain members of the Design Review Committee and staff, these being: 1). The "appearance" of a .three story condition to the rear elevation of the residence and 2). A "massive" feeling of the rear elevation. To lessen the argument that the house is too "massive", I have been requested to be more sensitive to the natural topography. You will note that there is no cut or fill greater than 4.5 feet in any area and the project is terraced. The lot coverage by this design is substantially lens than what could be proposed under the present guidelines. The existing architecture of the tract, you would agree, is not homogeneous. My project is sensitive to existing conditions and is in conformity to the Hillside standards. The use of a terraced design gave rise to the appearance of a three story condition. However, a close review of the e]c\'ation will verify that. this was a subjective con{'lusion and not based on the actual facts. The project on th]s issue is also in conformity with the Hillside sta~,dards. I realize the c,~o~','ns and obligations that the City of Rancho Cucamongn has in the review of proposed residences. However, I ~;ou]d urge that feelings and subjective judgments in reviewing process should not prevent construction of houses that in fact do conform with the existing objective guidelines. The end result of judgments is a further exacerbation of an already fragile economy. V . ROA MARTIN & ASSOCIATES 212, ~'~ J~e 15, 1992 City of Rancho Cucamonga 10500 Civic Center Drive ....... P.O. Box 807 Rancho Cucamonga, CA 91729 Attentio.: Tom eraha, Project Planner ,911011111 111.?.18141 .. Reference: Design Review 91-23 Gentlemen: This is in response to your recent telephone conversation with, Mr. Ralph Roach who has asked that we respond to issues you raised at that time. 1. The proposed maximum depth of fill on the site is four and a half feet which is less than the five feet maximum allowed in your Hillside Development Standard. 2. The existing front setbacks within Tract 11626 are thirty feet. We have increased the front setback thirty percent on this lot to forty feet. 3. The side yard setbacks have been increased substantially, fifteen feet on the north and twenty-one feet on the south side, for a total side yard setback of thirty-six feet as opposed to the required total sethack of twenty-five feet. 4. The house plans and the Grading Plan have been revised to be consistent with the hillside development standards, this has insured the compliance with the structural building envelope and elevation standards. 5. The four foot high retaining wall on the south side of the property is within the allowable tolerances called out in your Hillside Development Standards. 6. We feel that we have followed the intent of the Hillside Development Standards by limiting the cut and fill area to no more than 25% of the site, by limiting the amount of cut and fill to 520 cubic yards with no import or export, and we are grading the site to follow the natural slope of the existing site. 7. The grading plan has been carefully designed to conform with the natural terrain and to conform with all requirements of the Hillside Development Standards. We believe that the grading plan conforms with the requirements set forth in your Hillside Development Standards and City ordinances. If we may be of any assistance, please feel free to call on us at any time. Very truly yours, MARTIN & ASSOCIATES Leon B. Martin, P.E. , 7'/~ / ,_ ,\. ,.~,l /~ ' .- .%. / ~ /' ~- ~ ,// ""%/.7..Zt.~-~{,'~ ---_ '~- ~ ,, , .... ,~~:/o / ,~ .."" "~,~. :, ,' ,; ~ ~8 // :~ ~:~ ,,,' ~.,~ /' .s, ,' 7 "'.'~'%,:;'o·~',-'?~7'_ ",~ "_, ~ ~_~ ~ - , -- , .- ,-. :~ -- ~ ~- ~ :x, .., ~ ~ ~ ~ , .- 76 , 77 ~ " PROJECT SITE ~ . , I 2170 ,F,: = 2 / 6 ~' 5 2.1GO 3~50 SECTION A - A I I I SECTION B - B · FF = 2165.0 FP = 2156.0 FF 2 · _/ ~ FP = 2164.5 FP 21~.0 FF = 2154.5 !~. //,/~ ~ FP = 2154.0 .~/ FF = 2165.5 _ ../ A f / / 04.77' / _,/ j ~,o/' ~. DESIGN REVIEW COMMENTS 7:40 - 8:00 Tom May 21, 1992 DEVELOPMENT REVIEW 91-23 - R.K. DEVELOPMENT - The development of a single family house totaling 5,007 square feet on 0.5 acres of land in the Very Low Residential District (1-2 dwelling units per acre), located at 5041 Beryl Street - APN: 1061-821-15. Design Parameters: This application pertains to the development of a single family house on property subject to requirements of the Hillside Development Ordinance. The project site is located on the east side of Beryl Avenue and single family homes are situated directly to the north, east, and south. Vegetation consists of native grass and weeds and the grade slopes approximately 10 to 12 percent from the northwest. Existing topography is not natural slope, during development of an adjacent parcel a significant level of fill was placed on the lot, most of which has since been removed. This application is not subject to Planning Commission review and approval- Staff Cca-~.nts: The following comments are intended to provide an outline for Committee discussion: Ma3or Issues: The following broad design issues will be the focus of Committee discussion regarding this project: 1. The house design is contrary to the intent and requirements of the Hillside Development Ordinance. Specifically, the floor configuration is not sensitive to the existing grade which falls approximately 8 feet from front-to-back of the proposed house. The house should be redesigned to conform to the existing contours using various techniques as described in the ordinance, including but not limited to, stem walls and split level foundations to minimize the effective bulk on the exterior of the structure. 2. The proposed fill grading which raises the finish elevation at the southeast corner of the structure so the overall height does not exceed the building envelope, is not an acceptable design solution- In the development of a hillside residence some amount of fill is expected, however, it should be kept at a minimum and follow the existing contours of the site so the resulting grade can appear as natural as possible. DESIGN REVIEW COMMENTS DR 91-23 - R.K. DEVELOPMENT MAY 21, 1992 Page 2 3. The proposed grading scheme is inconsistent with the intent and criteria of the ordinance. Specifically, the 2:1 slope should be redesigne~ to appear more natural through the use of variable slope gradient, rounding off the top and toe, and following the existing contour pattern. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. The architectural design should be revised to provide 360 degree architectural treatment- 2. The use of masonite siding appears as an after thought and should either be substantially increased or removed from the elevations. 3. Expand the use of Palos Verde stone veneer. Suggested locations include: the entryway columns, below the living room windows on the west and south elevations, and expanding the base element on the north elevation. 4. The 8:12 roof pitch creates too massive of an appearance and should be lowered- Design Review Coemittee Action: Members Present: John Melcher, Peter Tolstoy, Dan Coleman Staff Planner: Tom Grahn The Committee did not recommend approval for the following reasons: 1. The Committee determined that the proposed design concept was contrary to the intent of the Hillside Development Ordinance. Specifically, the Committee noted that the house was designed with a flat first floor, a large lower level which required cutting into existing grades, and the southeast corner of the house was 10 feet above existing grade requiring extensive fill and retaining walls. The Committee also noted that the house appeared to be three stories on the east elevation. 2. The house design and grading scheme should be revised to reduce the amount of cut and fill- DESIGN REVIEW COMMENTS DR 91-23 - R.K. DEVELOPMENT MAY 21, 1992 Page ~ 3. The roof pitch should be lowered from 8:12 to 6:12 or similar to reduce the roof massing and overall structure height. The Committee recommended that the applicant make significant modifications to the design concept to the satisfaction of staff before returning to the Design Review Committee. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING DEVELOPMENT REVIEW NO. 91-23, A CUSTOM SINGLE FAMILY RESIDENCE OF 5,007 SQUARE FEET ON 0.5 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), LOCATED AT 5041 BERYL STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1061-821-15. A. Recitals. (i) Ralph Roach has filed an application for the approval of Development Review No. 91-23 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." (ii) On the 24th day of June 1992, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced meeting on June 24, 1992, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The application applies to property located at 5041 Beryl Street with a street frontage of 107 feet and lot depth of approximately 200 feet and is presently vacant; and (b) The property to the north of the subject site is a single family residence, the property to the south of that site consists of a single family residence, the property to the east is a single family residence, and the property to the west is a single family residence. (c) The existing grade on the subject property slopes approximately 10 to 30 percent from west to east. (d) The proposed house is subject to the Hillside Development Regulations (Rancho Cucamonga Municipal Code Section 17.24.020) because the existing slopes exceed 8 percent and 4.5 feet of fill is proposed. PLANNING COMMISSION RESOLUTION NO. DR 91-23 - R.K. DEVELOPMENT June 24, 1992 Page 2 (e) The proposed house has three floors: a 2,711 square foot first floor, a 1,078 square foot second floor (not including two bedroom lofts), and a 1,218 square foot lower level. (f) The proposed house has been designed with essentially a flat first floor in which only the family room has been stepped down 12 inches. (g) The finished floor at the southeast corner of the house is approximately l0 feet above existing grade. (h) The proposed grading scheme includes cut or fill grading on 55 percent of the lot. (i) The effective visual bulk of the house, as viewed from the east, is that of a three story home, measuring 37 feet from finished grade to the main roof ridgeline. 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed project is not consistent with the objectives of the General Plan; and (b) That the proposed use is not in accord with the objective of the Development Code and the purposes of the district in which the site is located; and (c) That the proposed use is not in compliance with each of the applicable provisions of the Development Code; and (d) That the proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1992. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. DR 91-23 - R.K. DEVELOPMENT June 24, 1992 Page 3 BY: Larry T. McNiel, 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 24th day of June 1992, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 'FSo