RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND,
CALIFORNIA DETERMINING THAT GENERAL PLAN AMENDMENT
NO. 23-0003, ZONE CHANGE NO. 23-0003, DEVELOPMENT PLAN
REVIEW NO. 23-0012, AND CERTIFICATE OF APPROPRIATENESS
NO. 23-0017 TO AMEND THE GENERAL PLAN LAND USE
DESIGNATION FROM SINGLE-FAMILY MEDIUM (SFR-M) AND ZONING DESIGNATION FROM SINGLE-FAMILY MEDIUM (RS-7.5)
TO COMMERCIAL/RESIDENTIAL MIXED USE (C/R-MU) GENERAL
PLAN AND ZONING DESIGNATIONS ON A 8,685 SQUARE FOOT
PARCEL AND ADAPTIVELY REUSE A HISTORIC SINGLE-FAMILY
DWELLING AS A PROFESSIONAL OFFICE AND STRUCTURE
SUPPORTING SITE IMPROVEMENTS IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTION 15061(b)(3) (GENERAL RULE), SECTION 15301, CLASS 1 (n) (EXISTING FACILITIES), and SECTION 15331, CLASS 31 (HISTORICAL RESOURCES / RESTORATION /
REHABILITATION) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES. THIS PROJECT IS LOCATED AT 1010
N EUCLID AVENUE, AT THE NORTHEAST CORNER OF EUCLID
AVENUE AND FOOTHILL BOULEVARD WITHIN THE EUCLID AVENUE HISTORIC DISTRICT (APN: 1045-551-11)
WHEREAS, Scot and Gina Moga (Applicants) have filed applications requesting approval of General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Development Plan Review No. 23-0012, and Certificate of Appropriateness No. 23-0017 (the "Project"); and
WHEREAS, the City of Upland must comply with the California Environmental Quality Act ("CEQA," Public Resources Code Section 21000 et seq.); and WHEREAS, the development is considered a project as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and WHEREAS, pursuant to CEQA Guidelines Section 15061(b)(3), also known as the "general rule" exemption, CEQA exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.
WHEREAS, categorical exemptions are identified in the CEQA Guidelines (§15300- 15333) that have been determined not to have a significant effect on the environment and are therefore exempt from the provisions of CEQA to prepare environmental documents.
WHEREAS, the Class 1 categorical exemption (CEQA Guidelines Section 15301) applies to the repair, maintenance, or minor alteration of existing structures and facilities involving negligible or not expansion of the existing or former use, and Section 15301(n) applies to the conversion of a single family residence to office use.
WHEREAS, the Class 31 categorical exemption (CEQA Guidelines Section 15331) applies to maintenance, repair, stabilization, rehabilitation, restoration, preservation,
Resolution No.
conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
WHEREAS, The Development Services Director has determined that the project qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines. The "general rule" applies to the project as it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low-intensity use. Section 15301, Class 1 (n) applies to the conversion of a single-family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to a historic resource because the project is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
WHEREAS, on April 10, 2024 at 6:30 p.m., the City of Upland Planning Commission conducted a duly noticed public hearing, at which time it received public testimony concerning the Project, and considered the CEQA for the proposed project, and recommended that the City Council of the City of Upland find that General Plan Amendment No. 23-0003, Zone Change No. 23-0003, Development Plan Review No. 23- 0012, and Certificate of Appropriateness No. 23-0017 (the "Project") is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1(n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the CEQA Guidelines; and
WHEREAS, the City of Upland City Clerk on May 3, 2024, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and WHEREAS, the City of Upland Planning Division on April 30, 2024, mailed the public hearing notice to each property owner within a 300-foot radius of the project site indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland Planning Division on April 30, 2024, posted the public hearing notice in two physical locations (Upland City Hall and Upland Library) and on the city website.
WHEREAS, on May 13, 2024 at 6:00 p.m. the City Council conducted a public hearing for the project and heard and considered both oral and written evidence.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Resolution No.
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. CEQA. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines. The "general rule" applies to those projects where it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low- intensity use. Section 15301, Class 1 (n) specifically applies to the conversion of a single- family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to historic resources that are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
Section 3. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 5. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 13th day of May, 2024.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 13th day of May, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT NO. 23-0003 TO AMEND THE GENERAL PLAN
LAND USE DESIGNATION OF A 8,685 SQUARE FOOT
PARCEL FROM SINGLE-FAMILY MEDIUM (SFR-M) LOCATED
AT 1010 N. EUCLID AVENUE, WITHIN THE EUCLID AVENUE
HISTORIC DISTRICT (APN: 1045-551-11)
WHEREAS, Scot and Gina Moga (Applicants) have filed applications requesting approval of General Plan Amendment No. GPA-23-0003, Zone Change No. ZC-23-0003, Development Plan Review No. DPR-23-0012, and Certificate of Appropriateness No. CA-23-0017 (the "Project"); and
WHEREAS, Upland Municipal Code Section 17.49.050 requires that the City Council take action on General Plan Amendments; and
WHEREAS, the City Council, before it may approve the General Plan Amendment must make findings by resolution, as hereinafter provided, that the evidence presented shows that all of the findings referenced in Section 2 of this Resolution can be made.
WHEREAS, the Development Services Director has determined that the project qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines.
The "general rule" applies to the project as it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low- intensity use. Section 15301, Class 1 (n) applies to the conversion of a single-family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to a historic resource because the project is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
WHEREAS, on April 10, 2024 at 6:30 p.m. the Planning Commission conducted a public hearing for the project and heard and considered both oral and written evidence and recommended that the City Council determine the Project is exempt from the California Environmental Quality Act and adopt a resolution and an Ordinance approving the Project; and
WHEREAS, the City of Upland City Clerk on May 3, 2024, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland Planning Division on April 30, 2024, mailed the public hearing notice to each property owner within a 300-foot radius of the project
Resolution No.
site indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland Planning Division on April 30, 2024, posted the public hearing notice in two physical locations (Upland City Hall and Upland Library) and on the city website.
WHEREAS, on May 13, 2024 at 6:00 p.m. the City Council conducted a public hearing for the project and heard and considered both oral and written evidence.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Findings: Upland Municipal Code Section 17.49.060 provides that the City Council, before it may approve a General Plan Map Amendment, shall make a determination to allow the activity based upon the following findings:
1. Finding: The proposed General Plan Amendment is in the public interest.
Evidence: The proposed General Plan Amendment is in the public interest because it will aid in the adaptive reuse, rehabilitation, and occupancy of a historic resource, ensuring the building's longevity, reducing the likelihood of prolonged vacancy and disrepair and ensure quality uses along Foothill Boulevard that are also consistent with the Euclid Avenue Historic District.
2. Finding: The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan.
Evidence: The amendment identifies consistency with the General Plan elements including the following goals and polices:
a. Policy LU-3.1: Economic Development. Retain and attract land uses that generate revenue to the City, provide employment for residents while balancing other
community needs such as housing, parks and open
space, and public facilities.
Fact: The Project will allow an existing building to be adaptively reused as a commercial office, retaining local businesses within the City along two major arterial streets. allowing the center to be utilized to its full potential.
Resolution No.
b. Policy FA-1.1 Economic Development. Focus economic development efforts on attracting and retaining desirable commercial uses along Foothill Boulevard.
Fact: The Project will attract and retain desirable professional office use along Foothill Boulevard. The applicant intends to relocate their existing law and real estate office(s) into the building, while showcasing an example of historic preservation within the Euclid Avenue Historic District.
c. Policy CC-9.13 Adaptive Reuse. Encourage continued use and adaptive reuse of designated historic resources through application of the U.S. Secretary of the Interior's Standards and Guidelines for rehabilitation, reconstruction, and restoration.
Fact: The Project will directly implement an adaptive reuse project, encouraged within the Community Character Element, as a historic preservation tool to ensure the longevity and functionality of the historic property. The applicant has an approved Mills Act contract for the property and is rehabilitating, repairing, and constructing supporting improvements that are consistent with the U.S. Secretary of the Interior's Standards and Guidelines for rehabilitation.
d. Policy ES-4.3 Economic Impacts of Land Conversion.
Consider long-term fiscal and economic impacts of any
conversion of employment lands to other uses when updating zoning.
Fact: The Project would directly support the long-term viability of the property, allowing the structures to be adaptively reused as a professional office use, generating employment, and aiding in the best utilization of the structure within the context of the immediately surrounding area. The adaptive reuse will encourage the structure remain occupied and avoids prolonged vacancy
which risks it falling into disrepair.
3. Finding: The potential effects of the proposed General Plan Amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare.
Evidence: The potential effects of the project have been evaluated.
The General Plan Amendment will not be detrimental to the public health, safety, or welfare, but rather allow a property to be utilized as an office use to comply with "Normally Acceptable" noise levels as
Resolution No.
detailed in Table SAF-1 (Exterior Nosie Compatibility Standards) within the Safety Element of the General Plan.
4. Finding: The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA.
Evidence: The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code, including CA Government Code §65352.3 which regulates tribal consultation requirements for General Plan Amendments and CA Government Code §65358 which regulates amendments to General Plans.
Section 3. Compliance with California Environmental Quality Act. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines.
The "general rule" applies to those projects where it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low-intensity use. Section 15301, Class 1 (n) specifically applies to the conversion of a single-family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to historic resources that are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 6. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 13th day of May, 2024.
Bill Velto, Mayor
Resolution No.
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 13th day of May, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
GENERAL PLAN AMENDMENT NO.
GPA-23-0003 EXHIBIT A
The parcel, highlighted below, is to be amended. The General Plan land use designation shall be changed from Single-Family Medium (SFR-M) to Commercial/Residential Mixed-Use (C/R-MU). 1 .I1.0, du'd
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, APPROVING ZONE CHANGE NO. 23-
0003 TO AMEND THE ZONING DESIGNATION OF AN
EXISTING 8,685 SQUARE FOOT PARCEL FROM SINGLE-
FAMILY MEDIUM (RS-7.5) TO COMMERCIAL/RESIDENTIAL
MIXED USE (C/R-MU), LOCATED AT 1010 N. EUCLID
AVENUE (APN: 1045-551-11)
WHEREAS, Scot and Gina Moga (Applicants) have filed applications requesting approval of General Plan Amendment No. GPA-23-0003, Zone Change No. ZC-23- 0003, Development Plan Review No. DPR-23-0012, and Certificate of Appropriateness No. CA-23-0017 (the "Project"); and
WHEREAS, Upland Municipal Code Section 17.48.050 requires that the City Council take action on Zone Changes; and
WHEREAS, the City Council, before it may approve the Zone Change must make findings by resolution, as hereinafter provided, that the evidence presented shows that all of the findings referenced in Section 2 of this Resolution can be made.
WHEREAS, the Development Services Director has determined that the project qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines.
The "general rule" applies to the project as it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low- intensity use. Section 15301, Class 1 (n) applies to the conversion of a single-family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to a historic resource because the project is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
WHEREAS, on April 10, 2024 at 6:30 p.m. the Planning Commission conducted a public hearing for the project and heard and considered both oral and written evidence and recommended that the City Council determine the Project is exempt from the California Environmental Quality Act and adopt a resolution and an Ordinance approving the Project; and
WHEREAS, the City of Upland City Clerk on May 3, 2024, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland Planning Division on April 30, 2024, mailed the public hearing notice to each property owner within a 300-foot radius of the project site indicating the date and time of the public hearing in compliance with state law
Ordinance No.
concerning the Project; and
WHEREAS, the City of Upland Planning Division on April 30, 2024, posted the public hearing notice in two physical locations (Upland City Hall and Upland Library) and on the city website.
WHEREAS, on May 13, 2024 at 6:00 p.m. the City Council conducted a public hearing for the project and heard and considered both oral and written evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. The Planning Commission hereby makes the following findings and determinations in connection with the approval of the Project:
A. Upland Municipal Code Section 17.48.060 provides that the Planning Commission, before it may recommend a Zoning Map Amendment, shall make a determination to allow the activity based upon the following findings:
1. Finding: The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section §65860.
Evidence: This Zoning Amendment is to amend the Zoning District of the project site from Single-Family Medium (RS-7.5) to Commercial/Residential Mixed Use (C/R-MU). The proposed amendment is consistent with the General Plan, with the General Plan Amendment as proposed, and with the Upland Municipal Code as provided by Government Code Section 65860.
2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.
Evidence: The potential effects of the project have been evaluated. The Zone Change will not be detrimental to the public health, safety, or welfare. The Zone Change would result in the extension of the existing Commercial/Residential-Mixed Use district, located to the south, east, and west, that is prevalent along this segment of Foothill Boulevard, would allow the dwelling to be adaptively reused as a professional office and improved in such a way to meet required development standards and preserve the historic streetscape along Euclid Avenue.
3. Finding: The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the
Ordinance No.
proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large.
Evidence: The affected site is suitable in terms of design, location, shape, size and other characteristics, as the property is already developed and the improvements related to the adaptive reuse of the dwelling as an office meet the development standards within the Upland Municipal Code. The use will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large as it has been designed and conditioned appropriately to ensure compatibility and safety of the proposed use, and would not introduce a zoning district not already prevalent along this segment of Foothill Boulevard.
Section 3. Ordinance: Amending the Zoning District. The Zoning District will change from Single-Family Medium (RS-7.5) to Commercial/Residential Mixed-Use (C/R-MU) as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 4. Compliance with California Environmental Quality Act. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines.
The "general rule" applies to those projects where it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low- intensity use. Section 15301, Class 1 (n) specifically applies to the conversion of a single-family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to historic resources that are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 6. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general
Ordinance No.
circulation printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this day of ,2024.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the day of , 2024, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
ZONE CHANGE NO. 23-0003
EXHIBIT A
The parcel highlighted below is to be amended. The zoning designation shall be changed from Single- Family Medium (RS-7.5) to Commercial/Residential Mixed-Use (C/R-MU).
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA APPROVING DEVELOPMENT PLAN
REVIEW NO. 23-0012 AND CERTIFICATE OF APPROPRIATENESS NO. 23-0017 TO ADAPTIVELY REUSE
AN EXISTING 2,526 SQUARE FOOT SINGLE FAMILY
RESIDENCE AS A PROFESSIONAL OFFICE, AND
CONSTRUCT SUPPORTING COMMERCIAL IMPROVEMENTS
INCLUDING A PAVED PARKING LOT, STRIPING, ADA, AND
LANDSCAPING IMPROVEMENTS, LOCATED AT 1010 N.
EUCLID AVENUE, WITHIN THE EUCLID AVENUE HISTORIC
DISTRICT (APN: 1045-551-11)
WHEREAS, Scot and Gina Moga (Applicants) have filed applications requesting approval of General Plan Amendment No. GPA-23-0003, Zone Change No. ZC-23-0003, Development Plan Review No. DPR-23-0012, and Certificate of Appropriateness No. CA-23-0017 (the "Project"); and
WHEREAS, Upland Municipal Code Table 17.05-1 Permitted Land Uses in the Mixed-Use Zones lists "Office" as a permitted land use; and WHEREAS, Upland Municipal Code Section 17.43.050(E) requires that if one or more permit applications are submitted concurrently for a single proposed project, each application shall be acted upon concurrently by the highest review authority. In this case, the highest review authority is the City Council, therefore the Planning Commission has made a recommendation to the City Council.
WHEREAS, the City Council, before it may approve the Development Plan Review and Certificate of Appropriateness, must make findings by resolution, as hereinafter provided, that the evidence presented shows that all of the findings referenced in Section 2 of this Resolution can be made.
WHEREAS, the Development Services Director has determined that the project qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines.
The "general rule" applies to the project as it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low- intensity use. Section 15301, Class 1 (n) applies to the conversion of a single-family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to a historic resource because the project is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
WHEREAS, on April 10, 2024 at 6:30 p.m. the Planning Commission conducted a public hearing for the project and heard and considered both oral and written evidence and recommended that the City Council determine the Project is
exempt from the California Environmental Quality Act and adopt a resolution and an Ordinance approving the Project; and
WHEREAS, the City of Upland City Clerk on May 3, 2024, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland Planning Division on April 30, 2024, mailed the public hearing notice to each property owner within a 300-foot radius of the project site indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland Planning Division on April 30, 2024, posted the public hearing notice in two physical locations (Upland City Hall and Upland Library) and on the city website.
WHEREAS, on May 13, 2024 at 6:00 p.m. the City Council conducted a public hearing for the project and heard and considered both oral and written evidence.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Findings:
A. The project is consistent with the following General Plan Policies:
1. Policy LU-3.1 Economic Development. Retain and attract land uses that generate revenue to the City, provide employment for residents while balancing other community needs such as housing, parks and open space, and public facilities.
Fact: The Project will allow an existing building to be adaptively reused as a commercial office, retaining local businesses within the City along two major arterial streets.
2. Policy FA-1.1 Economic Development. Focus economic development efforts on attracting and retaining desirable commercial uses along Foothill Boulevard.
Fact: The Project will attract and retaining desirable professional office use along Foothill Boulevard. The applicant intends to relocate their existing law and real estate office(s) into the building, while showcasing an example of historic preservation within the Euclid Avenue Historic District.
3. Policy CC-9.13 Adaptive Reuse. Encourage continued use and adaptive reuse of designated historic resources through application of the U.S. Secretary of the Interior's Standards and Guidelines for rehabilitation, reconstruction, and restoration.
Fact: The Project will directly implement an adaptive reuse project, encouraged within the Community Character Element, as a historic preservation tool to ensure the longevity and functionality of the historic property. The applicant has an approved Mills Act contract for the property and is rehabilitating, repairing, and constructing supporting improvements that are consistent with the U.S.
Secretary of the Interior's Standards and Guidelines for rehabilitation.
4. Policy ES-4.3 Economic Impacts of Land Conversion. Consider long- term fiscal and economic impacts of any conversion of employment lands to other uses when updating zoning.
Fact: The Project would directly support the long-term viability of the property, allowing the structures to be adaptively reused as a professional office use, generating employment, and aiding in the best utilization of the structure within the context of the immediately surrounding area. The adaptive reuse will encourage that the structure remains occupied and avoids prolonged vacancy which risks it falling into disrepair.
B. Per Upland Municipal Code Section 17.44.030(H) the review and decision-making authority may approve an application for a Development Plan Review application only if the proposed project complies with applicable standards in the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the following findings:
1. Finding: The design and layout of the proposed project will not interfere with the use and enjoyment of existing and future neighboring properties and structures.
Evidence: The design and layout of the project includes adequate vehicle and pedestrian circulation, meets parking requirements, setbacks, landscaping requirements, and zoning regulations. The project is consistent with the Upland Municipal Code and has been conditioned appropriately. Therefore, the proposed project, as conditioned, will not interfere with the use and enjoyment of existing and future neighboring properties and structures.
2. Finding: The proposed architectural design makes use of appropriate materials, texture, and color, and will remain aesthetically appealing and appropriately maintained.
Evidence: The project does not include any modifications to the architectural design. The existing historic structures will be
rehabilitated, repaired, and maintained, preserving the architectural style's defining characteristics and materials.
3. Finding: The proposed landscaping design, including color, location, size, texture, type, and coverage of plant materials, as well as provisions for irrigation, maintenance, and protection of landscaping elements, will complement structures and provide an attractive environment.
Evidence: The preliminary landscape design proposes the use of plant material that provides varied color and texture, with consistency to existing plant species on the property and within the surrounding vicinity. The landscaping will be fully irrigated and has been designed to maintain the residential character of the streetscape of the Euclid Avenue Historic District, while providing landscaping in the new parking area to the rear of the building in accordance with parking lot landscaping requirements in the Upland Municipal Code.
4. Finding: The proposed design will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity of the proposed project.
Evidence: The proposed design includes adequate ingress and egress, has been conditioned by the Upland Police Department with multiple safety requirements, and will include complete plan check review by the Upland Building Division for an occupancy change and parking lot construction. The project will not impact the surrounding neighborhood, is considered a low intensity office use that does not generate significant traffic, and screens and secures the parking area with appropriate fencing and landscaping. Therefore, the project will not be injurious to the property or improvements in the vicinity of the proposed project.
C. Per Upland Municipal Code Section 17.26.110(G) the review and decision- making authority may approve an application for a Certificate of Appropriateness application only if the proposed project complies with applicable standards in the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the following findings:
1. The proposed alteration is compatible with and will not destroy or adversely affect architectural features of the cultural resource.
Evidence: The proposed alteration has been designed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Buildings for Rehabilitation. The proposal maintains the existing structures, their defining characteristics, and materials.
There are no building alterations or expansions proposed.
2. The proposed alteration complies with the order of preference outlined in Section 17.26.060(B) (Alteration of Historic Resources) for the preservation of historic features, and provides evidence of hardship in cases where the first order of preference is not feasible.
Building code violations are not in and of themselves justification for not meeting the established order of preference.
Evidence: Section 17.25.060(B) contains the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Rehabilitation. As detailed within the staff report, the use will comply with these Rehabilitation Guidelines, as the project:
allows for the buildings to be adaptively reused; does not change any distinctive materials or features; locates parking to the rear to minimize any impact to spatial relationships and spaces; retains the historic character of the property; contains minimal ground disturbance; will not use harsh chemical of physical treatments; and has been conditioned appropriately.
3. The proposed alteration is consistent and compatible with the architectural style of surrounding cultural resources.
Evidence: The proposed alteration is consistent and compatible with the surroundings. There are no new buildings or building additions proposed. All new parking lot improvements are located to the rear of the building where they will be screened from view from the surrounding area.
4. The proposed colors, finishes, materials, fencing, decorative features, details, and accessory structures are consistent and compatible with the existing structure and the surrounding cultural resources.
Evidence: There are no changes proposed to the fagade of the building. The dwelling was recently repainted, using historic evidence, to return the buildings back to its original color palette.
The existing finishes and materials will remain. New gates and fences will utilize decorative block and wrought iron materials, which have already been established on the property and are consistent with the architectural style of the building.
5. The proposed construction, removal, rehabilitation, alteration, remodeling, excavation, or exterior alteration conforms to the prescriptive standards as adopted by the Upland City Council/Planning Commission, and does not adversely affect the character of the district.
Evidence: The proposed construction related to the adaptive reuse conforms to the prescriptive standards contained with the Municipal Code for the proposed zoning designation and follows the Secretary of the Interior's Standards for Rehabilitation.
6. In the case of construction of a new improvement, building or structure upon a historic site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings, and structures on said site.
Evidence: No new building or structures are proposed on the property. There are no façade improvements proposed as part of the adaptive reuse project. The external improvements are related to the construction of a parking lot, landscaping planters, walkways, and fencing. These improvements have been designed to be compatible with the surrounding area and have a negligible effect on the historic district. The improvements maintain the residential character of the streetscape along Euclid Avenue and all parking has been located to the rear, where screened from view and accessible via an alley way to the east of the site.
7. The proposed alteration considers mass, proportions, setbacks and nature of openings in the façade.
Evidence: There are no exterior alterations to the existing dwelling as part of the adaptive reuse. The related site improvements will not change the massing, proportions, setbacks or nature of the openings in the façade.
8. The proposed alteration complies with the Rehabilitation Guidelines outlined in Section 17.26.070 (Rehabilitation Guidelines).
Evidence: The proposed alteration complies with the Rehabilitation Guidelines, as described in the staff report presented to the Planning Commission and as described within this resolution.
9. The proposed alteration complies with all other applicable design guidelines and standards, CEQA Guidelines, and Secretary of Interior's Standards for Rehabilitation.
Evidence: The alteration complies with all design guidelines and standards, is Categorically Exempt from the California Environmental Quality Act, and has been designed to comply with the Secretary of Interior's Standards for Rehabilitation.
10. Wherever feasible, the alteration takes full advantage of the State Historic Building Code and Uniform Code for Building Conservation.
Evidence: The project will be able to utilize the State Historic Building Code where feasible and applicable.
Section 3. In light of the evidence presented at the hearing on this application, and based on the findings set forth above, the City Council hereby finds the requirements necessary for approval of the Project, subject to all applicable provisions of the Upland Municipal Code, and the following conditions of approval:
10.0 General Conditions
10.1 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.
10.2 The project shall comply with development standards and guidelines prescribed within the Upland Municipal Code.
10.3 Prior to issuance of future permits, all development plans shall be subject to plan check with the Planning Division, Building Division, Engineering Division, Public Works Department and Fire Department.
10.4 No construction or improvements shall commence until the applicable improvement plans have been approved.
10.5 All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris at all times. Dead, damaged, and/or missing landscaping shall be replaced/replanted, subject to the satisfaction of the Planning Division.
10.6 To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City ("Indemnitees") harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant's activities in connection with General Plan Amendment No. GPA-23-0003, Zone Change No. ZC-23-0003, Development Plan Review No. DPR-23-0012, and Certificate of Appropriateness No. CA-23-0017 ("Project") on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant's contractors, agents, tenants, employees or any other persons acting on Applicant's behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project.
In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend, and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days' notice from the City of any such action,
Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City's legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action.
The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether at the request of the Applicant.
10.7 Within 15 days of this receiving the approval the Property Owner or Project Applicant shall submit to the Development Services Department written evidence of agreement with all conditions of this approval before the approval becomes effective. (UMC 17.45.030)
10.8 Expansion of project beyond the scope and nature of the project, which would increase the projected scale of the project, shall not be permitted except upon application for and approval of modification to this approval.
10.9 Any improvement, building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, or any use of any building or land which is conducted, operated or maintained contrary to the provisions of the Zoning Ordinance, or contrary to any detailed statement, plan, or condition of approval, approved in accordance with the provisions of the Zoning Ordinance shall be and the same is declared to be a violation of the Zoning Ordinance and is unlawful and a public nuisance.
10.10 Per Upland Municipal Code Chapter 17.43.040 (A) (1) Any improvement, building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, or any use of any building or land which is conducted, operated or maintained contrary to the provisions of this Zoning Ordinance, or contrary to any detailed statement, plan, or condition of approval, approved in accordance with the provisions of the Zoning Ordinance shall be declared to be a violation of this Zoning Ordinance and is unlawful and a public nuisance. Any violations of this resolution are subject to the enforcement procedures of the Upland Municipal Code.
10.11 Termination of approval if either: (1) development has not been diligently commenced and actively pursued to completion thereafter within a two (2) year period from the date of approval (i.e. April 10, 2026); or, (2) if the use approved hereunder is discontinued for a period of one hundred and eighty days or longer; or, (3) non-compliance with any provision of the Upland Municipal (UMC) not specifically waived in compliance with City procedures.
20.0 Planning Division Conditions
20.1 The project shall be developed in accordance with the approved plans on file with the Development Services Department.
20.2 Prior to the issuance of a certificate of use and occupancy, the Applicant shall install all improvements, including the parking lot, landscaping and irrigation system.
20.3 This resolution does not include the approval of any permanent or temporary signage. Prior to the installation of any signage, the applicant shall submit a Certificate of Appropriateness and Sign Review Application for review and approval by the Development Services Department.
20.4 All new trees shall be not less than a minimum 15-gallon size and a minimum of 25 percent of all shrubs shall be of a five-gallon size.
20.5 Large expanses of uninterrupted hardscape, such as decomposed granite, gravel, and similar materials, shall be avoided.
20.6 Prior the issuance of building permits the applicant shall include, on the plans submitted for Plan Check, fence and wall plans including details regarding the fencing materials. The wrought iron fence in the front yard shall be entirely contained within the property boundaries, including outside of the corner cut-off area, and shall not exceed 3.5 feet in height within any front or street side setback area.
20.7 The driveways shall be appropriately striped and signed to clearly indicate the flow and direction of one-way traffic and denote the Euclid Avenue driveway as exit only.
20.8 During construction, the applicant shall comply with the following Best Management Practices for noise management during construction. a. Heavy equipment shall not get closer than 10 feet to neighboring buildings.
b. Combine noisy operations to occur in the same time period. The total noise will not increase significantly, and the duration of the noise impact will be less.
c. It is unlawful for any person to engage in or permit the erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. d. Use specially quieted equipment when possible, such as quieted and enclosed air compressors, residential or critical grade mufflers on all engines.
e. Stationary equipment will be located as far away from sensitive receptors as possible. Loud, disrupting construction activities in noise sensitive areas will be conducted during hours that are least disturbing to adjacent and nearby residents.
20.9 In the event that cultural resources are inadvertently discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the participating tribes, Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN), Morongo Band of Mission Indians (MBMI), and Gabrieleno Band of Mission Indians - Kizh Nation (GBMI-KN) shall be contacted, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
20.10 If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to the participating tribes, YSMN, MBMI, and GBMI-KN for review and comment. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
20.11 If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity
(within a 100-foot buffer of the find) shall cease and the Upland Police Department and the Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
20.12 The participating tribes, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN), Morongo Band of Mission Indians (MBMI), and Gabrieleno Band of Mission Indians - Kizh Nation (GBMI- KN) shall be contacted of any pre-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the participating tribes and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN, MBMI, GBMI-KN for the remainder of the project, should YSMN, MBMI, GBMI-KN elect to place a monitor on-site.
20.13 Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to participating tribes, YSMN, MBMI, and GBMI-KN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN, MBMI, and GBMI-KN throughout the life of the project.
20.14 Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
20.15 Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence. No changes to the approved plans shall be made without consultation and approval by the Development Services Director.
30.0 Public Works Conditions
I STREET IMPROVEMENTS
30.1 Asphalt paving, sidewalk, curb, and gutter that are damaged during the construction shall be replaced to the City's satisfaction.
30.2 Signing and striping improvements are required for Euclid Avenue, Foothill Boulevard and the alley fronting and surrounding the project.
Signing and Striping shall be to the satisfaction of the Public Works Director.
30.3 A corner cut back, with a 20-foot radius, at the north-east corner of the intersection of Euclid Avenue and Foothill Boulevard will be required. A legal and plat is to be prepared for the City and shall be recorded before occupancy or any other final clearance.
II UTILITY (WATER - SEWER - ENVIRONMENTAL)
Utility General
30.4 During the building permits, fees will be accessed for IEUA and SSFEF based on a new category (Commercial instead of Residential) if new fixtures are being added.
30.5 A replacement to a one-inch water service shall be required to satisfy the new category from Residential to Commercial to the satisfaction of the Public Works Department.
III GENERAL ENGINEERING
30.6 Waste Management Plan (WMP) is necessary to demonstrate compliance with the Municipal Code 13.28.620 that requires projects to salvage, reuse or recycle at least 65% of construction and demolition debris generated by the project. This code was adopted to assist the City of Upland in meeting the State mandated diversion requirement of 65% of all waste generated. The WMP Form "A" shall be provided by the Land Development Department prior to issuance of a Building Permit. The WMP Form "B" shall be completed and approved by the Land Development Department prior to issuance of a Certificate of Occupancy.
30.7 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.
30.8 No Certificate of Occupancy, or any other final clearance needed prior to occupancy, shall be given until all other conditions are met.
40.0 Police Department
40.1 The approved conditions shall be retained on the premises at all times and produced immediately upon request of the Upland Police Department, and City Planning.
40.2 A 6-month review/inspection shall be conducted to ensure permittee's compliance with all operating conditions.
40.3 The Developer, builder, contractors, sub-contractors, and any other persons associated with this project shall adhere to the Upland Municipal Code (UMC) dealing with unnecessary noises under section 9.40.100.
Furthermore, prior to the beginning of construction, a sign shall be
posted at the entrance of the property educating everyone entering as to the authorized construction times and failure to comply with such requirements will result in an immediate citation for violating the aforementioned UMC section.
40.4 Prior to the issuance of building permits, the project must be enclosed with a 6-FT. high chain link fencing to prevent access to construction areas by the public and to minimize theft of building materials and equipment. All fencing and gates shall meet the approval of the Fire Department and Police Department.
40.5 Units with front and rear drive access shall affix or paint address numbering/lettering in a conspicuous location, free from plant obstruction, and readily visible to emergency services personnel on both front and rear accesses.
40.6 Provide the Police Department the contact information for the Project Manager and/or Superintendent of the project.
40.7 Prior to occupancy, the Police Department will conduct an on-site inspection of the property, checking proper lighting has been installed throughout the property, proper locks on exterior doors and doors leading to the interior are in place and functioning properly. In addition, the Police Department will check that proper addressing/lettering has been installed.
40.8 Hinges for outwardly swinging doors or hatchway covers shall be equipped with non-removable hinge pins or a mechanical interlock system to prevent removal of the door from the exterior by removal of the hinge pins (For any new improvements/additions).
40.9 If security gates are desired at any access points to the project, the Police Department and Fire Department will be provided access by the Knox Submaster System. If gates are not electronically operated, a "KNOX" padlock may be substituted for electrically operated override systems.
40.10 All exterior doors shall be equipped with a lighting device capable of providing a minimum of two foot-candle of light at ground level.
40.11 All exterior lighting shall be oriented inward onto the project so as not to interfere with adjacent residential areas or vehicular traffic on adjacent public streets.
40.12 Lighting shall be required in all areas of public access.
40.13 Public parking areas and access thereto shall be provided with a maintained minimum of 2-foot candle power of light on the parking surface, from dusk to dawn, or as modified by the Chief of Police, based on documented proof that meeting the 2-foot candle power standard is impractical. Lighting shall be provided through the use of photo cells; use of low pressure sodium fixtures and bulbs is prohibited.
40.14 Signs prohibiting loitering shall be installed to the satisfaction of the Chief of Police. They shall be mounted between six and ten feet above ground. The following must be printed on the sign in letters at least two inches tall: "PC 647(h)" and "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES." The signs shall be posted on the front, rear, and sides of the building, and shall be clearly visible to patrons of the licensee. "NO TRESPASSING" signs are also recommended to be posted on the front, rear, and sides of the building, clearly visible to the patrons of the licensee.
40.15 Signs shall comply with all City of Upland sign requirements (UMC 17.15 et seq.). No more than 50% of the total window area and clear doors shall bear advertising or signs of any sort. Window signs shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the public sidewalk or entrance to the premises (this applies to all windows of this location).
40.16 A digital video surveillance system is required at the premise. It is required to have a surveillance video/visual media that shall be maintained for a minimum of sixty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours. The system shall be able to make license plates discernable. The video system shall cover all ingress and egress points of the property, parking lots, garages, and buildings.
40.17 Provide UPD with contact information of person responsible for maintaining video equipment/system and who has access to retrieve and copy surveillance video. The surveillance video/visual media shall be remotely accessible to the Upland Police Department.
40.18 The business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which the business owner has control, and any parking lot or structure used specifically for patrons of the premises.
40.19 Applicant shall comply with 6404.5(b) of the Labor Code, which prohibits smoking within any place of employment.
40.20 Landscaping is to be maintained so as not to allow areas of concealment, to the satisfaction of the Chief of Police. All landscaping must adhere to
the 2' 6' rule (all ground cover landscaping must be maintained no higher than 2' from ground level and all lower tree canopy must be maintained no lower than 6' in height from the ground level).
40.21 All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris at all times.
40.22 Graffiti abatement by the business owner/licensee shall be immediate and ongoing on the licensed premises, but in no event shall graffiti be allowed unabated on the premises for more than 48 hours. Abatement shall take the form of removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee shall notify the City within 24 hours of any graffiti elsewhere on the property not under the business owner/licensee's control so that it may be abated by the property owner.
40.23 If any community issues arise, such as noise, odors, parking, crime, etc., the owner/operator shall be responsible for immediate implementation of measures to address the issues, including additional restrictions on the intensity of the use, to the satisfaction of the Development Services Director and/or the Chief of Police.
40.24 Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods and/or commercial establishments.
40.25 Any vehicles not parked legally may be cited and/or towed if it is in violation of the California Vehicle Code and/or Upland Municipal Code.
40.26 There shall be no commercial vehicles parked overnight or stored on the property controlled by the applicant. It shall be the responsibility of the business/applicant to cause the removal of commercial vehicles on the property.
40.27 If the applicant, business owner/licensee, employees, independent contractors, or anyone associated with the business that engages in illicit criminal activity on the premises, or violates any conditions of approval, the City may commence revocation proceedings consistent with the provision of Upland Municipal Code (UMC 17.45.100).
50.0 Building and Safety
50.1 Compliance with the 2022 California Building Code for site ADA accessibility.
50.2 Due to the change of occupancy from an R-3 to a B, the preparation of plans for plan check must be signed and stamped by a licensed architect or civil/structural engineer.
60.0 Review/Compliance
60.1 The Planning Commission may review the use 90 days, 180 days, and on an annual basis following the date of final inspection, or as needed at the discretion of the Development Services Director, to determine whether the applicant and operators are operating the use in a manner that is compatible with the community. The Planning Commission may establish additional conditions of approval that are necessary to eliminate any issues that arise from the operation of the use that adversely impact the public health, welfare, and safety, or may direct staff to initiate revocation proceedings. The conditional use permit may be revoked if the permittee, his agents or assigns, or employee(s) of the establishment, or any other person connected or associated with the permittee or his business establishment, or any person who is exercising managerial authority of the business establishment has:
a. Violated any rule, regulation, or condition of approval adopted by the Planning Commission relating to the conditional use permit or contained in the Upland Municipal Code, or state or federal regulations. Violation of any provision of the Upland Municipal Code (UMC) or the conditions of approval set forth in this resolution, shall be deemed to constitute an infraction of the Upland Municipal Code, and shall be subject to the applicable fines and penalties, including the possibility of revocation of this permit.
b. Conducted the operation permitted hereunder in a manner contrary to the peace, health, safety, and general welfare of the public, or in a manner which either generates or contributes to noise and/or health/sanitation nuisances, or which results in undesirable activities that negatively affects adjacent properties or creates an increased demand for public services.
Section 4. Compliance with California Environmental Quality Act. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines.
The "general rule" applies to those projects where it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low-intensity use. Section 15301, Class 1 (n) specifically applies to the conversion of a single-family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to historic resources that are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 6. Severability. If any section, subsection, subdivision, sentence,
or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 7. Effective Date. This Resolution shall become effective upon the effective date of Ordinance No. XXXX for Zone Change No. 23-0003.
PASSED, APPROVED and ADOPTED this 13th day of May, 2024.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 13th day of May, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
RESOLUTION NO. 5000
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF UPLAND, CALIFORNIA RECOMMENDING APPROVAL OF AN
EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO SECTION 15061(B)(3)
(GENERAL RULE), SECTION 15301, CLASS 1(N) (EXISTING FACILITIES), AND SECTION 15331, CLASS 31 (HISTORICAL
RESOURCE RESTORATION/REHABILITATION) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
AND RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 23-0003, ZONE CHANGE NO. 23-0003, DEVELOPMENT PLAN REVIEW NO. 23-0012, AND CERTIFICATE
OF APPROPRIATENESS NO. 23-0017 TO AMEND THE GENERAL
PLAN LAND USE DESIGNATION FROM SINGLE-FAMILY
MEDIUM (SFR-M) AND ZONING DESIGNATION FROM SINGLE-
FAMILY MEDIUM (RS-7.5) TO COMMERCIAL/RESIDENTIAL
MIXED USE (C/R-MU) GENERAL PLAN AND ZONING DESIGNATIONS ON A 8,685 SQUARE FOOT PARCEL AND
ADAPTIVELY REUSE A HISTORIC SINGLE-FAMILY DWELLING
AS A PROFESSIONAL OFFICE AND STRUCTURE SUPPORTING
SITE IMPROVEMENTS, LOCATED AT 1010 N. EUCLID AVENUE,
WITHIN THE EUCLID AVENUE HISTORIC DISTRICT (APN:
1045-551-11).
Intent of the Parties and Findings
WHEREAS, Scot and Gina Moga (Applicants) have filed applications requesting approval of General Plan Amendment No. GPA-23-0003, Zone Change No. ZC-23- 0003, Development Plan Review No. DPR-23-0012, and Certificate of Appropriateness No. CA-23-0017 (the "Project"); and
WHEREAS, the project site has a General Plan Land Use Designation of Single- Family Medium (SFR-M) and is within a Zoning District of Single-Family Medium (RS-
7.5); and
WHEREAS, the Applicants have submitted applications to amend the General Plan Land Use Designation of the subject parcel to Commercial/Residential Mixed Use (C/R-MU) and is within a Zoning District of Commercial/Residential Mixed Use (C/R- MU); and
WHEREAS, Upland Municipal Code Table 17.05-1 Permitted Land Uses in the Mixed-Use Zones lists "Office" as a permitted land use; and WHEREAS, Upland Municipal Code Section 17.43.050(E) requires that if one or more permit applications are submitted concurrently for a single proposed project, each application shall be acted upon concurrently by the highest review authority. In this case, the highest review authority is the City Council, therefore the Planning Commission shall make a recommendation to the City Council.
WHEREAS, the Planning Commission, before it may recommend approval of the General Plan Amendment, Zone Change, Development Plan Review and Certificate of Appropriateness application, must make findings by resolution, as
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hereinafter provided, that the evidence presented shows that all of the findings referenced in Section 1 of this Resolution can be made.
WHEREAS, Upland Municipal Code Section 17.44 provides that the Planning Commission may attach conditions to the approval of the project as needed to ensure compliance with the Zoning Ordinance, other City Ordinances, the General Plan, and any other applicable community or specific plan, previously approved subdivisions and parcel maps and easements;
WHEREAS, the project is considered a project as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; WHEREAS, The Development Services Director has determined that the project qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines.
The "general rule" applies to the project as it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low- intensity use. Section 15301, Class 1 (n) applies to the conversion of a single-family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to a historic resource because the project is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
WHEREAS, The City of Upland Planning Division on March 29, 2024, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, The City of Upland Planning Division on March 27, 2024, mailed the public hearing notice to each property owner within a 300-foot radius of the project site indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, The City of Upland Planning Division on March 28, 2024, posted the public hearing notice in two physical locations (Upland City Hall and Upland Library) and on the city website.
WHEREAS, The City of Upland Planning Commission conducted a duly noticed public hearing on April 10, 2024, at which time it received public testimony and considered the CEQA for the Project.
NOW, THEREFORE, the Planning Commission hereby finds, determines and resolves as follows:
Section 1. FINDINGS. The Planning Commission hereby makes the following findings and determinations in connection with the recommendation for approval of the Project:
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A. The above Recitals are true and correct.
B. The project is consistent with the following General Plan Policies:
1. Policy LU-3.1 Economic Development. Retain and attract land uses that generate revenue to the City, provide employment for residents while balancing other community needs such as housing, parks and open space, and public facilities.
Fact: The Project will allow an existing building to be adaptively reused as a commercial office, retaining local businesses within the City along two major arterial streets.
2. Policy FA-1.1 Economic Development. Focus economic development efforts on attracting and retaining desirable commercial uses along Foothill Boulevard.
Fact: The Project will attract and retaining desirable professional office use along Foothill Boulevard. The applicant intends to relocate their existing law and real estate office(s) into the building, while showcasing an example of historic preservation within the Euclid Avenue Historic District.
3. Policy CC-9.13 Adaptive Reuse. Encourage continued use and adaptive reuse of designated historic resources through application of the U.S.
Secretary of the Interior's Standards and Guidelines for rehabilitation, reconstruction, and restoration.
Fact: The Project will directly implement an adaptive reuse project, encouraged within the Community Character Element, as a historic preservation tool to ensure the longevity and functionality of the historic property. The applicant has an approved Mills Act contract for the property and is rehabilitating, repairing, and constructing supporting improvements that are consistent with the U.S. Secretary of the Interior's Standards and Guidelines for rehabilitation.
4. Policy ES-4.3 Economic Impacts of Land Conversion. Consider long-term fiscal and economic impacts of any conversion of employment lands to other uses when updating zoning.
Fact: The Project would directly support the long-term viability of the property, allowing the structures to be adaptively reused as a professional office use, generating employment, and aiding in the best utilization of the structure within the context of the immediately surrounding area. The adaptive reuse will encourage that the structure remains occupied and avoids prolonged vacancy which risks it falling into disrepair.
C. Per Upland Municipal Code Section 17.49.050, the review and decision-making authority may approve an application for a General Plan Amendment only if the proposed project is supported by all of the following findings:
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1. Finding: The proposed General Plan Amendment is in the public interest.
Evidence: The proposed General Plan Amendment is in the public interest because it will aid in the adaptive reuse, rehabilitation, and occupancy of a historic resource, ensuring the building's longevity, reducing the likelihood of prolonged vacancy and disrepair and ensure quality uses along Foothill Boulevard that are also consistent with the Euclid Avenue Historic District.
2. Finding: The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan.
Evidence: The General Plan Amendment is consistent and compatible with the rest of the General Plan, which specifically promotes adaptive reuse as a historic preservation strategy, and as shown to be consistent with the polices as described in Section 1(B) of this Resolution.
3. Finding: The potential effects of the proposed General Plan Amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare.
Evidence: The potential effects of the project have been evaluated. The General Plan Amendment will not be detrimental to the public health, safety, or welfare, but rather allow a property to be utilized as an office use to comply with "Normally Acceptable" noise levels as detailed in Table SAF-1 (Exterior Nosie Compatibility Standards) within the Safety Element of the General Plan.
4. Finding: The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA.
Evidence: The General Plan Amendment has been processed in full compliance with the provisions of the California Government Code, CEQA, and the City of Upland Municipal Code.
D. Per Upland Municipal Code Section 17.48.060, the review and decision-making authority may approve an application for a Zoning Map Amendment if the proposed project is supported by all of the following findings:
1. Finding: The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860.
Evidence: The proposed amendment is consistent with the General Plan, and the General Plan Amendment as proposed, and with the Upland Municipal Code as provided by Government Code Section 65860.
2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.
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Evidence: The potential effects of the project have been evaluated. The Zone Change will not be detrimental to the public health, safety, or welfare. The Zone Change would result in the extension of the existing Commercial/Residential-Mixed Use district, located to the south, east, and west, that is prevalent along this segment of Foothill Boulevard, would allow the dwelling to be adaptively reused as a professional office and improved in such a way to meet required development standards and preserve the historic streetscape along Euclid Avenue.
3. Finding: The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large.
Evidence: The affected site is suitable in terms of design, location, shape, size and other characteristics, as the property is already developed and the improvements related to the adaptive reuse of the dwelling as an office meet the development standards within the Upland Municipal Code. The use will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large as it has been designed and conditioned appropriately to ensure compatibility and safety of the proposed use, and would not introduce a zoning district not already prevalent along this segment of Foothill Bouelvard.
E. Per Upland Municipal Code Section 17.44.030(H) the review and decision- making authority may approve an application for a Development Plan Review application only if the proposed project complies with applicable standards in the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the following findings:
1. Finding: The design and layout of the proposed project will not interfere with the use and enjoyment of existing and future neighboring properties and structures.
Evidence: The design and layout of the project includes adequate vehicle and pedestrian circulation, meets parking requirements, setbacks, landscaping requirements, and zoning regulations. The project is consistent with the Upland Municipal Code and has been conditioned appropriately. Therefore, the proposed project, as conditioned, will not interfere with the use and enjoyment of existing and future neighboring properties and structures.
2. Finding: The proposed architectural design makes use of appropriate materials, texture, and color, and will remain aesthetically appealing and appropriately maintained.
Evidence: The project does not include any modifications to the architectural design. The existing historic structures will be
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rehabilitated, repaired, and maintained, preserving the architectural style's defining characteristics and materials.
3. Finding: The proposed landscaping design, including color, location, size, texture, type, and coverage of plant materials, as well as provisions for irrigation, maintenance, and protection of landscaping elements, will complement structures and provide an attractive environment.
Evidence: The preliminary landscape design proposes the use of plant material that provides varied color and texture, with consistency to existing plant species on the property and within the surrounding vicinity. The landscaping will be fully irrigated and has been designed to maintain the residential character of the streetscape of the Euclid Avenue Historic District, while providing landscaping in the new parking area to the rear of the building in accordance with parking lot landscaping requirements in the Upland Municipal Code.
4. Finding: The proposed design will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity of the proposed project.
Evidence: The proposed design includes adequate ingress and egress, has been conditioned by the Upland Police Department with multiple safety requirements, and will include complete plan check review by the Upland Building Division for an occupancy change and parking lot construction. The project will not impact the surrounding neighborhood, is considered a low intensity office use that does not generate significant traffic, and screens and secures the parking area with appropriate fencing and landscaping. Therefore the project will not be injurious to the property or improvements in the vicinity of the proposed project.
F. Per Upland Municipal Code Section 17.26.110(G) the review and decision- making authority may approve an application for a Certificate of Appropriateness application only if the proposed project complies with applicable standards in the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the following findings:
1. The proposed alteration is compatible with and will not destroy or adversely affect architectural features of the cultural resource.
Evidence: The proposed alteration has been designed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Buildings for Rehabilitation. The proposal maintains the existing structures, their defining characteristics, and materials.
There are no building alterations or expansions proposed.
2. The proposed alteration complies with the order of preference outlined in Section 17.26.060(B) (Alteration of Historic Resources) for the preservation of historic features, and provides evidence of hardship in cases where the first order of preference is not feasible.
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Building code violations are not in and of themselves justification for not meeting the established order of preference.
Evidence: Section 17.25.060(6) contains the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Rehabilitation. As detailed within the staff report, the use will comply with these Rehabilitation Guidelines, as the project:
allows for the buildings to be adaptively reused; does not change any distinctive materials or features; locates parking to the rear to minimize any impact to spatial relationships and spaces; retains the historic character of the property; contains minimal ground disturbance; will not use harsh chemical of physical treatments; and has been conditioned appropriately.
3. The proposed alteration is consistent and compatible with the architectural style of surrounding cultural resources.
Evidence: The proposed alteration is consistent and compatible with the surroundings. There are no new buildings or building additions proposed. All new parking lot improvements are located to the rear of the building where they will be screened from view from the surrounding area.
4. The proposed colors, finishes, materials, fencing, decorative features, details, and accessory structures are consistent and compatible with the existing structure and the surrounding cultural resources.
Evidence: There are no changes proposed to the façade of the building. The dwelling was recently repainted, using historic evidence, to return the buildings back to its original color palette.
The existing finishes and materials will remain. New gates and fences will utilize decorative block and wrought iron materials, which have already been established on the property and are consistent with the architectural style of the building.
5. The proposed construction, removal, rehabilitation, alteration, remodeling, excavation, or exterior alteration conforms to the prescriptive standards as adopted by the Upland City Council/Planning Commission, and does not adversely affect the character of the district.
Evidence: The proposed construction related to the adaptive reuse conforms to the prescriptive standards contained with the Municipal Code for the proposed zoning designation and follows the Secretary of the Interior`s Standards for Rehabilitation.
6. In the case of construction of a new improvement, building or structure upon a historic site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings, and structures on said site.
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Evidence: No new building or structures are proposed on the property. There are no façade improvements proposed as part of the adaptive reuse project. The external improvements are related to the construction of a parking lot, landscaping planters, walkways, and fencing. These improvements have been designed to be compatible with the surrounding area and have a negligible effect on the historic district. The improvements maintain the residential character of the streetscape along Euclid Avenue and all parking has been located to the rear, where screened from view and accessible via an alley way to the east of the site.
7. The proposed alteration considers mass, proportions, setbacks and nature of openings in the façade.
Evidence: There are no exterior alterations to the existing dwelling as part of the adaptive reuse. The related site improvements will not change the massing, proportions, setbacks or nature of the openings in the façade.
8. The proposed alteration complies with the Rehabilitation Guidelines outlined in Section 17.26.070 (Rehabilitation Guidelines).
Evidence: The proposed alteration complies with the Rehabilitation Guidelines, as described in the staff report presented to the Planning Commission and as described within this resolution.
9. The proposed alteration complies with all other applicable design guidelines and standards, CEQA Guidelines, and Secretary of Interior's Standards for Rehabilitation.
Evidence: The alteration complies with all design guidelines and standards, is Categorically Exempt from the California Environmental Quality Act, and has been designed to comply with the Secretary of Interior's Standards for Rehabilitation.
10. Wherever feasible, the alteration takes full advantage of the State Historic Building Code and Uniform Code for Building Conservation.
Evidence: The project will be able to utilize the State Historic Building Code where feasible and applicable.
Section 2. DETERMINATION. In light of the evidence presented at the hearing on this application, and based on the findings set forth above, the Planning Commission hereby finds that the requirements necessary for the recommendation of approval of the Project to the City Council, subject to all applicable provisions of the Upland Municipal Code, and the following conditions of approval:
10.0 General Conditions
10.1 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.
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10.2 The project shall comply with development standards and guidelines prescribed within the Upland Municipal Code.
10.3 Prior to issuance of future permits, all development plans shall be subject to plan check with the Planning Division, Building Division, Engineering Division, Public Works Department and Fire Department.
10.4 No construction or improvements shall commence until the applicable improvement plans have been approved.
10.5 All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris at all times. Dead, damaged, and/or missing landscaping shall be replaced/replanted, subject to the satisfaction of the Planning Division.
10.6 To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City ("Indemnitees") harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant's activities in connection with General Plan Amendment No. GPA-23-0003, Zone Change No. ZC-23-0003, Development Plan Review No. DPR-23-0012, and Certificate of Appropriateness No. CA-23-0017 ("Project") on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant's contractors, agents, tenants, employees or any other persons acting on Applicant's behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project.
In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend, and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action.
Within 15 days' notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses.
Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City's legal team to cgu7 of 219
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working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non- appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether at the request of the Applicant.
10.7 Within 15 days of this receiving the approval the Property Owner or Project Applicant shall submit to the Development Services Department written evidence of agreement with all conditions of this approval before the approval becomes effective. (UMC 17.45.030)
10.8 Expansion of project beyond the scope and nature of the project, which would increase the projected scale of the project, shall not be permitted except upon application for and approval of modification to this approval.
10.9 Any improvement, building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, or any use of any building or land which is conducted, operated or maintained contrary to the provisions of the Zoning Ordinance, or contrary to any detailed statement, plan, or condition of approval, approved in accordance with the provisions of the Zoning Ordinance shall be and the same is declared to be a violation of the Zoning Ordinance and is unlawful and a public nuisance.
10.10 Per Upland Municipal Code Chapter 17.43.040 (A) (1) Any improvement, building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, or any use of any building or land which is conducted, operated or maintained contrary to the provisions of this Zoning Ordinance, or contrary to any detailed statement, plan, or condition of approval, approved in accordance with the provisions of the Zoning Ordinance shall be declared to be a violation of this Zoning Ordinance and is unlawful and a public nuisance. Any violations of this resolution are subject to the enforcement procedures of the Upland Municipal Code.
10.11 Termination of approval if either: (1) development has not been diligently commenced and actively pursued to completion thereafter within a two (2) year period from the date of approval (i.e. April 10, 2026); or, (2) if the use approved hereunder is discontinued for a period of one hundred and eighty days or longer; or, (3) non-compliance with any provision of the Upland Municipal (UMC) not specifically waived in compliance with City procedures.
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20.1 The project shall be developed in accordance with the approved plans on file with the Development Services Department.
20.2 Prior to the issuance of a certificate of use and occupancy, the Applicant shall install all improvements, including the parking lot, landscaping and irrigation system.
20.3 This resolution does not include the approval of any permanent or temporary signage. Prior to the installation of any signage, the applicant shall submit a Certificate of Appropriateness and Sign Review Application for review and approval by the Development Services Department.
20.4 All new trees shall be not less than a minimum 15-gallon size and a minimum of 25 percent of all shrubs shall be of a five-gallon size.
20.5 Large expanses of uninterrupted hardscape, such as decomposed granite, gravel, and similar materials, shall be avoided.
20.6 Prior the issuance of building permits the applicant shall include, on the plans submitted for Plan Check, fence and wall plans including details regarding the fencing materials. The wrought iron fence in the front yard shall be entirely contained within the property boundaries, including outside of the corner cut-off area, and shall not exceed 3.5 feet in height within any front or street side setback area.
20.7 The driveways shall be appropriately striped and signed to clearly indicate the flow and direction of one-way traffic and denote the Euclid Avenue driveway as exit only.
20.8 During construction, the applicant shall comply with the following Best Management Practices for noise management during construction. a. Heavy equipment shall not get closer than 10 feet to neighboring buildings.
b. Combine noisy operations to occur in the same time period. The total noise will not increase significantly, and the duration of the noise impact will be less.
c. It is unlawful for any person to engage in or permit the erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:0.0 n. 149 of 219
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and 7:00 a.m., and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. d. Use specially quieted equipment when possible, such as quieted and enclosed air compressors, residential or critical grade mufflers on all engines.
e. Stationary equipment will be located as far away from sensitive receptors as possible. Loud, disrupting construction activities in noise sensitive areas will be conducted during hours that are least disturbing to adjacent and nearby residents.
20.9 In the event that cultural resources are inadvertently discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the participating tribes, Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN), Morongo Band of Mission Indians (MBMI), and Gabrieleno Band of Mission Indians - Kizh Nation (GBMI-KN) shall be contacted, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
20.10 If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to the participating tribes, YSMN, MBMI, and GBMI-KN for review and comment. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
20.11 If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the Upland Police Department and the Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
20.12 The participating tribes, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN), Morongo Band of Mission Indians (MBMI), and Gabrieleno Band of Mission Indians - Kizh Nation (GBMI- KN) shall be contacted of any pre-contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Mo r 0 of 219
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and Treatment Plan shall be created by the archaeologist, in coordination with the participating tribes and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN, MBMI, GBMI-KN for the remainder of the project, should YSMN, MBMI, GBMI-KN elect to place a monitor on-site.
20.13 Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to participating tribes, YSMN, MBMI, and GBMI-KN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN, MBMI, and GBMI-KN throughout the life of the project.
20.14 Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
20.15 Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence. No changes to the approved plans shall be made without consultation and approval by the Development Services Director.
30.0 Public Works Conditions
STREET IMPROVEMENTS
30.1 Asphalt paving, sidewalk, curb, and gutter that are damaged during the construction shall be replaced to the City's satisfaction.
30.2 Signing and striping improvements are required for Euclid Avenue, Foothill Boulevard and the alley fronting and surrounding the project.
Signing and Striping shall be to the satisfaction of the Public Works Director.
30.3 A corner cut back, with a 20-foot radius, at the north-east corner of the intersection of Euclid Avenue and Foothill Boulevard will be required. A legal and plat is to be prepared for the City and shall be recorded before occupancy or any other final clearance.
II UTILITY (WATER - SEWER - ENVIRONMENTAL)
Utility General
30.4 During the building permits, fees will be accessed for IEUA and SSFEF based on a new category (Commercial instead of Residential) if new fixtures are being added.
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30.5 A replacement to a one-inch water service shall be required to satisfy the new category from Residential to Commercial to the satisfaction of the Public Works Department.
III GENERAL ENGINEERING
30.6 Waste Management Plan (WMP) is necessary to demonstrate compliance with the Municipal Code 13.28.620 that requires projects to salvage, reuse or recycle at least 65% of construction and demolition debris generated by the project. This code was adopted to assist the City of Upland in meeting the State mandated diversion requirement of 65% of all waste generated. The WMP Form "A" shall be provided by the Land Development Department prior to issuance of a Building Permit. The WMP Form "B" shall be completed and approved by the Land Development Department prior to issuance of a Certificate of Occupancy.
30.7 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.
30.8 No Certificate of Occupancy, or any other final clearance needed prior to occupancy, shall be given until all other conditions are met.
40.0 Police Department
40.1 The approved conditions shall be retained on the premises at all times and produced immediately upon request of the Upland Police Department, and City Planning.
40.2 A 6-month review/inspection shall be conducted to ensure permittee's compliance with all operating conditions.
40.3 The Developer, builder, contractors, sub-contractors, and any other persons associated with this project shall adhere to the Upland Municipal Code (UMC) dealing with unnecessary noises under section 9.40.100.
Furthermore, prior to the beginning of construction, a sign shall be posted at the entrance of the property educating everyone entering as to the authorized construction times and failure to comply with such requirements will result in an immediate citation for violating the aforementioned UMC section.
40.4 Prior to the issuance of building permits, the project must be enclosed with a 6-FT. high chain link fencing to prevent access to construction areas by the public and to minimize theft of building materials and equipment. All fencing and gates shall meet the approval of the Fire Department and Police Department.
40.5 Units with front and rear drive access shall affix or paint address numbering/lettering in a conspicuous location, free from plant
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obstruction, and readily visible to emergency services personnel on both front and rear accesses.
40.6 Provide the Police Department the contact information for the Project Manager and/or Superintendent of the project.
40.7 Prior to occupancy, the Police Department will conduct an on-site inspection of the property, checking proper lighting has been installed throughout the property, proper locks on exterior doors and doors leading to the interior are in place and functioning properly. In addition, the Police Department will check that proper addressing/lettering has been installed.
40.8 Hinges for outwardly swinging doors or hatchway covers shall be equipped with non-removable hinge pins or a mechanical interlock system to prevent removal of the door from the exterior by removal of the hinge pins (For any new improvements/additions).
40.9 If security gates are desired at any access points to the project, the Police Department and Fire Department will be provided access by the Knox Submaster System. If gates are not electronically operated, a "KNOX" padlock may be substituted for electrically operated override systems.
40.10 All exterior doors shall be equipped with a lighting device capable of providing a minimum of two foot-candle of light at ground level.
40.11 All exterior lighting shall be oriented inward onto the project so as not to interfere with adjacent residential areas or vehicular traffic on adjacent public streets.
40.12 Lighting shall be required in all areas of public access.
40.13 Public parking areas and access thereto shall be provided with a maintained minimum of 2-foot candle power of light on the parking surface, from dusk to dawn, or as modified by the Chief of Police, based on documented proof that meeting the 2-foot candle power standard is impractical. Lighting shall be provided through the use of photo cells; use of low pressure sodium fixtures and bulbs is prohibited.
40.14 Signs prohibiting loitering shall be installed to the satisfaction of the Chief of Police. They shall be mounted between six and ten feet above ground. The following must be printed on the sign in letters at least two inches tall: "PC 647(h)" and "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES." The signs shall be posted on the front, rear, and sides of the building, and shall be clearly visible to patrons of the licensee. "NO TRESPASSING" signs are also recommended to be posted on the front, rear, and sides of the building, clearly visible to the patrons of the licensee.
GPA-23-0003 I ZC-23-0003 I DPR-23-0012 I CA-23-0017
40.15 Signs shall comply with all City of Upland sign requirements (UMC 17.15 et seq.). No more than 50% of the total window area and clear doors shall bear advertising or signs of any sort. Window signs shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the public sidewalk or entrance to the premises (this applies to all windows of this location).
40.16 A digital video surveillance system is required at the premise. It is required to have a surveillance video/visual media that shall be maintained for a minimum of sixty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours. The system shall be able to make license plates discernable. The video system shall cover all ingress and egress points of the property, parking lots, garages, and buildings.
40.17 Provide UPD with contact information of person responsible for maintaining video equipment/system and who has access to retrieve and copy surveillance video. The surveillance video/visual media shall be remotely accessible to the Upland Police Department.
40.18 The business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which the business owner has control, and any parking lot or structure used specifically for patrons of the premises.
40.19 Applicant shall comply with 6404.5(b) of the Labor Code, which prohibits smoking within any place of employment.
40.20 Landscaping is to be maintained so as not to allow areas of concealment, to the satisfaction of the Chief of Police. All landscaping must adhere to the 2' 6' rule (all ground cover landscaping must be maintained no higher than 2' from ground level and all lower tree canopy must be maintained no lower than 6' in height from the ground level).
40.21 All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris at all times.
40.22 Graffiti abatement by the business owner/licensee shall be immediate and ongoing on the licensed premises, but in no event shall graffiti be allowed unabated on the premises for more than 48 hours. Abatement shall take the form of removal or shall be covered/painted over with a color reasonably matching the color of the existing building, structure, or other surface being abated. Additionally, the business owner/licensee shall notify the City within 24 hours of any graffiti elsewhere on the property not under the business owner/licensee's control so that it may be abated by the property owner.
40.23 If any community issues arise, such as noise, odors, parking, crime, etc., the owner/operator shall be responsible for immediate implementation of measures to address the issues, including additional
GPA-23-0003 I ZC-23-0003 I DPR-23-0012 I CA-23-0017
restrictions on the intensity of the use, to the satisfaction of the Development Services Director and/or the Chief of Police.
40.24 Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods and/or commercial establishments.
40.25 Any vehicles not parked legally may be cited and/or towed if it is in violation of the California Vehicle Code and/or Upland Municipal Code.
40.26 There shall be no commercial vehicles parked overnight or stored on the property controlled by the applicant. It shall be the responsibility of the business/applicant to cause the removal of commercial vehicles on the property.
40.27 If the applicant, business owner/licensee, employees, independent contractors, or anyone associated with the business that engages in illicit criminal activity on the premises, or violates any conditions of approval, the City may commence revocation proceedings consistent with the provision of Upland Municipal Code (UMC 17.45.100).
50.0 Building and Safety
50.1 Compliance with the 2022 California Building Code for site ADA accessibility.
50.2 Due to the change of occupancy from an R-3 to a B, the preparation of plans for plan check must be signed and stamped by a licensed architect or civil/structural engineer.
60.0 Review/Compliance
60.1 The Planning Commission may review the use 90 days, 180 days, and on an annual basis following the date of final inspection, or as needed at the discretion of the Development Services Director, to determine whether the applicant and operators are operating the use in a manner that is compatible with the community. The Planning Commission may establish additional conditions of approval that are necessary to eliminate any issues that arise from the operation of the use that adversely impact the public health, welfare, and safety, or may direct staff to initiate revocation proceedings. The conditional use permit may be revoked if the permittee, his agents or assigns, or employee(s) of the establishment, or any other person connected or associated with the permittee or his business establishment, or any person who is exercising managerial authority of the business establishment has:
a. Violated any rule, regulation, or condition of approval adopted by the Planning Commission relating to the conditional use permit or contained in the Upland Municipal Code, or state or federal regulations. Violation of any provision of the Upland Municipal Code (UMC) or the conditions of approval set forth in this resolutions 1 5 of 219
GPA-23-0003 I ZC-23-0003 I DPR-23-0012 I CA-23-0017
be deemed to constitute an infraction of the Upland Municipal Code, and shall be subject to the applicable fines and penalties, including the possibility of revocation of this permit.
b. Conducted the operation permitted hereunder in a manner contrary to the peace, health, safety, and general welfare of the public, or in a manner which either generates or contributes to noise and/or health/sanitation nuisances, or which results in undesirable activities that negatively affects adjacent properties or creates an increased demand for public services.
Section 3. CEQA. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule), Section 15301, Class 1 (n) (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines. The "general rule" applies to those projects where it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the project involves a mapping change of single parcel for a low-intensity use. Section 15301, Class 1 (n) specifically applies to the conversion of a single-family residence to an office use. Section 15331 applies to rehabilitation and improvement projects to historic resources that are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
Section 4. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Planning Commission hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 5. CERTIFICATION. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and their certification to be entered in the Book of Resolutions of the Planning Commission of the City.
PASSED, APPROVED and ADOPTED this 10th day of April, 2024.
Robin Aspinall, CHAIR
GPA-23-0003IZC-23-0003 I DPR-23-0012 I CA-23-0017
ATTEST:
4 0,2z.._
Robert D. Dalquest, SECRETARY
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Upland at a special adjourned meeting thereof held on the 10th day of April, 2024, by the following vote:
AYES: Chair Aspinall, Commissioners Caldwell, Grahn, Johnson, and Marroquin NAYS: none
ABSENT: Vice Chair Staton and Commissioner Andrews ABSTAIN: none
Robert D. Dalquest, SECRETARY
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DRAFTER: JOSE A. JARA
8990 19TH. ST. UNIT #337
ALTA LOMA, CA. 91701
PHONE: 951-742-2498Al EMAIL: [email protected] •
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51 KEY PLAN
DEMOLITION FLOOR NOTES
® (E) DOOR $ FRAME TO BE REMOVED. (E) ROUGH OPENING TO BE MODIFIED --Aimmoill (E) BREAKFAST NOOK I. q FOR A (N) 32" CLEAR DOOR OPENING. PATCH $ REPAIR WHERE WORK HAS 77 SQ.FT. OCCURRED
- — — J ir -r =11
iL JI L — — — \ \ ® (E) NALL TO BE REMOVED IN ITS ENTIRETY i ® (E) SHOWER ALCOVE, SHOWER HEAD, CONTROLS, DOOR ASSEMBLY TO BE 0 g / REMOVED IN ITS ENTIRETY. (E) SERVICE LINES AND DRAIN PIPES TO BE / I RELOCATED AT (N) TOILET LOCATION. (E) WALLS TO BE PATCHED AND 0 CO// REPAIRED WHERE WORK HAS OCCURRED 'C ® (E) DROPPED DOWN HEADER TO BE REMOVED. (E) WALLS TO BE PATCHED tc N.
(E) KITCHEN AND REPAIRED WHERE WORK HAS OCCURRED, • • Q CNi
(E) DINNING ROOM ® (E) CONCRETE STEP AND LANDING TO REMAIN IN PLACE o (° 133 SQ.FT. - 135 SQ.FT. mm.Q •— N 0 0 0 I \X: O ® (E) CONCRETE AND LANDSCAPING CURB TO REMAIN IN PLACE 0 �� U
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® (E) IN-WALL IRONING BOARD TO BE REMOVED IN ITS ENTIRETY AND W , I — — TURNED OVER TO OWNER ilw(mg �, C —
© — — — g® (E) CASEWORK TO BE REMOVED //��� t 0 y — — I I (E) CLOSET �V O ^ M 7 SQ.FT. ( ) PORCH 90 (E) SINK TO BE REMOVED ALL SERVICE LINES DRAIN PIPES TO REMAIN }i _ _ E
r ® 174 SQ.FT. w 4m. = ti 0 %- /‘
II \ c e o � N O II ' Co0. cri (E) LAUNDRY
O (E) PASSAGE 57 SQ.FT. O / FOYER � -� APPLIANCE NOTES O > 51 SQ.FT. /--\ (E) ENTRY 50 SQ.FT. /i\\ / / \ AT ALL APPLIANCES THAT ARE TO BE REMOVED, ALL ASSOCIATED VENTS AND \ SERVICE LINES ARE TO BE CAPPED BACK TO SOURCE, DOWN TO BASEMENT \ 2...,,, \/ UP TO 2ND FLR_ • _ / _ `' S STEPS /> 17 STEPS AT NEW OR RELOCATED APPLIANCE LOCATION CONTRACTOR TO SHALL INSTALL \; /\L
(N) SERVICE LINES DRAIN PIPES AND VENTS THAT ARE ASSOCIATED WITH THAT _ _ _ _ II APPLIANCE. 0 r
O
1 (E) M. BAT I
_ II
(E) GREAT ROOM REMODEL NOTES
(E) PATIO 389ESQ.FT.
217 SQ.FT. >
r J m 0 (N) INTERIOR 2x4 ND. STUDS @ 16" o,c. w/R-13 BATT INSULATION; 5/8" GYP. BD. TYP.
° (E) W.I.C.
20 SQ.FT. (E) MASTER BEDROOM I ® (N) WOOD DOOR $ FRAME ASSEMBLY, CONTRACTOR TO MATCH ADJACENT 254 SQ.FT. FINISHES AND STYLE. ■ ■ 4-
L — — ® (N) BASE CABINET IN/ GRANITE COUNTER TOP $ UPPER CABINETS AND 0 FULL HEIGHT NALL TILE T,B.D, BY OWNER TO BE INSTALLED.
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11 (E) STUDY ROOM n CHIMNEY n ® (N) FULL HEIGHT PANTRY CABINET C 54 SQ.FT. p' q I] q ® (N) FARM STYLE SINK N/ GARBAGE DISPOSAL TO BE INSTALLED. Li] II 0
® (N) DISHWASHER CONTRACTOR TO INSTALL PER CPC 414,3. a) 0 L \ ne ® (N) PEDESTAL SINK TO BE INSTALLED O Um C) ,...
® (N) TOILET WITH ADA COMPLIANT GRABBARS TO BE INSTALLED a ,... a Lim Q
DEMOLITION1st PLAN ® (N) REFRIGERATOR IN/ NEW WATER LINE TO BE INSTALLED E 0 -0 10 (N) BASE CABINETS WITH GRANITE COUNTER TOP co SCALE: 1 /4"=11-0" t� N. 0 (E) GAS STOVE n
CU I •iI 12 NOT USED C W • 13 (N) TANKLESS WATER HEATER TO BE INSTALLED IN BASEMENT. PROVIDE 2 J .0 C PRESSURE RELEASE VALVE DISCHARGING TO OUTSIDE THE BUILDING PER V THE CPC SECTION 504,4 $ 608.5. CONTRACTOR TO PROVIDE EXPANSION I• •II (N) OFFICE II II TANK ON WATER SUPPLY SYSTEM PER CPC SECTION 605.3. PER REMODEL CO Q 0 , A rLL// 77 SQ.FT. PLAN, 0 Z (77/100=0.77) Z ■ pW \ C l (1000UPANTs) \ (E) ELECTRICAL METER C 13 0°) O
i I @ (N) SMOKE DETECTOR HARD WIRE N/ BATT. BACK-UP AND CARBON seO 0. n ® ® 6 / SEE SHEET Al7I.0 / = MONOXIDE DETECTOR AT BEDROOMS it LIVING ROOM /�� / FOR ADA DETAILS // (N) WALL MOUNTED AC UNIT, $ (N) EXTERIOR FLOOR MOUNTED SPLIT AC _ 2
v- M_IUNIT. MODEL: MITSUBISHI MLZ-KP0°fNA it SUZ-K0GINA2 OR SIM, (E) KITCHEN SPECS: DUCTLESS "SPLIT AIR NEAT PUMP UNIT. MIN, EFF 8.50 NSPF 16.0 10 > �i
133 SQ.FT. (N) RECEPTIONIST /
WAITING ROOM SEER, SEE SHEET. T24-2 RESIDENTIAL MEASURES SUMMARY I-VAC ii ! �i j/
0 0 I/ 0 0 0 M 198 SQ.FT. SYSTEMS. (198/100=1 98)
(2 OCCUPANTS) (N) MECHANICAL EQUIPMENT DISCONNECT FOR NEW MINI SPLIT SYSTEM. - 0 CD { 1:,c ;� N RECEPTACLE MUST BE WITHIN 25 FT. AND ON THE SAME LEVEL OF THE 0 10 1NEVI I2ESTROOM 8® MECHANICAL EQUIPMENT (CEC 210-63). I _ illSQ.FT. En
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KEY PLAN
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(N) OFFICE #3 I- COO /n/.�iN272 SQ.FT. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CDMa) (272/100=2.72) r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �/� p1 - tl 1 1 1 1 1 111i 1 1 1 1 1 1 1 1 FIT1 1 1 1 1 1 1 1 � � 1 0 V♦1 1 N (3OCCUPANTS) , 1 1- ill 11 I 1 1 1 1 1 1 1 1 1 1 1 1 `i_1i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IL 1-'I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LA 1 I II-1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I III I 11111111111111111111111111111111111111111111111111111111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 r JAI 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L 1- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -r' (E� CLOSET1 L f` 11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 17 SQ.FT. 1 j 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1- 1 11 1 1 111 `1111111111111111111111111111111111111111111111111111111 L 1 - 1- 1 - 1 1 1 1 1 1`--k -[ - —1—1— 1- ]- 1+ 1 —1—1— 1- 1- 1+ -[ - —1—1— H-I+1 A l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L LINEN CLOSET ` 111111111111111111111111111111111111111111111111111111111111 I DOYN TO 1ST FLOOR > 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 17 STEPS I (E) CLOSET I I I I I I I I I I I I I I I I I I I I I I I I I I 11
I I I I I I I I I I I I I I I I I I I I I I I I I I I I II 19SQ.FT. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
1 - (E) FOYER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 r_ 62SO.FT. I— 11I I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I11 r 11 1111111111111111111111111111111111111111111111111111111111111 -_ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I111111111111111111111111111111111111111111111111111111111111 I1 II
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1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 W (E) BATHROOM
1 50SQ.FT. 11111111111111111111111111111111111111111111111111111111111i11 CD 0 1 - (N) OFFICE #4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 ' • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111 - , � 259 SQ.FT. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I O UmL
59/100=2.59) I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 r 3 OCCUPANTS)
1 11111111111111111111111111111111111111111111111111111111111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 III L_ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 -0 r _ _ _ e_ /11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 11111111111111111111111 I I I 11111111111111111111111111111 }+ •— (E) BALCONY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 C2 ~ L 54 SQ.FT. r1 rt1rt 1- - - t11 1 1 1 1 r lrt rt - -1 r1rt 1rt 1 1 r 1 . 1 \1 1 i < uj 0)
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(E,ol o(N, = ELECTRICAL GENERAL NOTES i
(E (s-) CONTRACTOR SHALL POST THE INSTALLATION CERTIFICATE CF-6R FORM AND u 0 0 GFl GFI 0 INSULATION CERTIFICATE (IC-1) FORM IN A CONSPICUOS LOCATION OR KEPT WITH A
•\P D A 0 CFI (N) OFFICEGFI GFI 0 O(N) (N)GFI (_E)O 0 PLANS AND MADE AVAIBLE TO THE INSPECTOR.
GFI (E)
0 GFI -- � ;\ (N) GFI 0 CONTRACTOR SHALL PROVIDE COPIES OF THE CALIFORNIA GUIDE TO HOME COMFORT / - �� - AND ENERGY SAVING CF-IR-MF-IR-CF-GR AND IC-I FORMS TO THE C.O. GFI 0 BUILDING OWNER. . (N) RECEPTIONIST / (N)
WAITING ROOM
0 CO
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/ ELECTRICAL CO (8,
Q8 GFI \% 1. IN ADDITION TO THE NUMBER OF BRANCH CIRCUITS REQUIRED BY OTHER PARTS OF � N THIS SECTION, AT LEAST ONE 20-AMPS BRANCH CIRCUIT SHALL BE PROVIDED TO 7:5 CO^°°°^I O SUPPLY THE BATHROOM RECEPTACLE OUTLETS. SUCH CIRCUITS SHALL HAVE NO OTHER 0 ' N GFI LL W ©
WIG" O GFI OUTLETS-NEC 210-11(c)(3). }� • V O; �--
0 �' �\ (� 2. ALL BRANCH CIRCUITS THAT SUPPLY 125-VOLT, SINGLE-PHASE, 15 AND 20-AMPERE O I I < \ RECEPTACLE OUTLETS INSTALLED IN BEDROOMS SHALL BE PROTECTED BY AN C.O. v (N)I9ESTROOM C.O. GFI O ARC-FAULT CIRCUIT INTERRUPTER-NEC 210-12(b). L S (N) L CU O a" ® N� - C_ ) 0 GFI S.D. 3. IN DWELLING UNITS, AT LEAST ONE WALL RECEPTACLE OUTLET SHALL BE INSTALLED IN ♦ ) v S.D. oI (N) (E)OI O(N) (E) PORCH BATHROOOMS WITHIN 36" OF THE OUTSIDE EDGE OF BASIN THE RECEPTACLE OUTLET C O V N " eq 11 � —$ �� �� W SHALL BE LOCATED ON A WALL THAT IS ADJACENT TO THE BASIN LOCATION.
N3270HC II J , 4. FIXTURES INSTALLED IN WET OR DAMP LOCATIONS SHALL BE INSTALLED SO THAT I (E) LAUNDRY WATER CANNOT ENTER OR ACCUMULATE IN WIRING, COMPARTMENTS, LAMPHOLDER, OR C 0 C al g / FOYER OTHER ELECTRICAL PARTS. ALL FIXTURES INSTALLED IN WET LOCATION SHALL BE N C.O. MARKED, "SUITABLE FOR WET LOCATIONS" OR "SUITABLE FOR DAMP LOCATION NEC v a � \N A j (E) PASSAGE 0 !' 420 4 a , O O S.D. A\ / ,.; 1 1
(E)GFI (E)0 (N) 5. LIGHTING FIXTURES IN KITCHEN AND BATHROOMS SHALL HAVE LAMPS W/ AN GFI GFI /\ GFI GFI EFFICANCY OF AT LEAST 40 LUMEN PER WATT.
S.D. �` (E) ENTRY (E) / \ GFI 0 6. SWITCH FOR FLUORESCENT LIGHTING IN MASTER BATH SHALL BE INDEPENDENT OF UP TO 2ND FLR, _ / _ SWITCH FOR INCANDESCENT LIGTHING PER MANDATORY MEASURES. ARC-FAULT oo�4N TO BASE ENT \ < 17 STEPS • GFI 0 PROTECTION IN FAMILY ROOMS, DINING ROOMS,LIVING ROOMS, 7. PARLORS, LIBRARIES, II 15 STEPS / / ` _ _ (N) DENS, BEDROOMS, SUNROOMS, RECREATION ROOMS, CLOSETS, HALLWAYS OR SIMILAR ROOMS OR AREAS. 2010 NEC, SEC . 210.12(B)
°0 \l/ C.O. II
° _ 7, NOT USED
S (E)F O(N) (E)O O(N) \ �D.
0 \a (E) M. BAT \ 8. RECEPTACLES SHALL BE INSTALED SO THAT NO POINT MEASURED HORIZONTALLY ALONG C. THE FLOOR LINE IN ANY WALL SPACE IS MORE THAN 6' FROM A RECEPTACLE OUTLET, _ I WALL SPACE SHALL INCLUDE:
D N
/ S.D. /\ Al. THE
ANY SPACE 2' OR MORE IN WIDTH (INCLUDING SPACE MEASURED AROUND CORNERS) (E) COVERED PATIO ______
MD V% ANDOPENINGS.UNBROKEN ALONG THE FLOOR LINE BY DOORWAYS FIREPLACES AND SIMILAR 1- _____
\ A/ ( (N) CONFERENCE ROOM B) THE SPACE OCCUPIED BY FIXED PANELS IN EXTERIOR WALLS, EXCLUDING SLIDING - m U GFI PANELS. o N C) THE SPACE AFFORDED BY FIXED ROOM DIVIDERS SUCH AS FREESTANDING BAR-TYPE I MO"(E) W.I.C. (0 GFI
\_ � • � / n COUNTERS OR RAILING.
I - " 9. IN THE KITCHEN, PANTRY, BREAKFAST ROOM, OR SIMILAR AREA OF DWELLING UNITS, I (E)0 0(N) L THERE SHALL BE TWO OR MORE 20-AMP SMALL APPLIANCE BRANCH CIRCUITS TO GFI GFI GFI O PROVIDE POWER TO THE REQUIRED RECEPTACLES IN THOSE AREAS,(CEC 210.1 AND CEC \ / (N) OFFICE 1
210.52.) �..�
0 - GFI 0
GFI GFI \ CHN /
GFI GFI
(E) (� (E) (N) (N) 10. PROVIDE AT LEAST ONE 20-AMPERE BRANCH CIRCUIT TO SUPPLY THE LAUNDRY \� p 0 q O p 0 0 q RECEPTACLE OUTLETS. THE CIRCUIT SHALL HAVE NO OTHER OUTLETS. PROVIDE W HARDWIRED, INTERCONNECTED SMOKE ALARM AND CARBON 11. 315). § R314 & §MONOXIDE ALARM OUTSIDE EACH SLEEPING -ROOM. (G-RG CD 0 II
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SOUTH ELEVATION VIEW FROM FOOTHILL AVE.
9" 1'-3" 1'-3" 4'-8" 2' 3" 2' 1' 6"
SCALE: 1 /4"=1 '-0"
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RESTROOM ELEVATIONS ---- o SCALE: 1 /4 =1 -0 .- i.,_ a,„„„„,,.
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SCALE: 1 /4"=1 '-0"
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0 HAZARDS
1. ABRUPT CHANGES IN LEVELS, EXCEPT BETWEEN A WALK OR SIDEWALK AND GENERAL- REGARDLESS OF THE OCCUPANT LOAD, THERE SHALL BE A FLOOR AN ADJACENT STREET OR DRIVEWAY, EXCEEDING FOUR INCHES (4") IN OR LANDING ON EACH SIDE OF A DOOR. 1004.9a 1" MAX. FROM EDGE 2" MIN, STRIP WIDTH i". \HANDICAP VERTICAL HEIGHT, SUCH AS AT PLANTERS OR FOUNTAINS LOCATED IN OR 1. FLOOR OR LANDING ON EACH SIDE OF THE DOOR IS LEVEL AND CLEAR. OF TREAD ADJACENT TO WALKS, SIDEWALKS OR OTHER PEDESTRIAN WAYS, REQUIRE 1004.9.2.2a 4.3.7 •
CONFORMANCE WARNING CURBS A MINIMUM OF 6" IN HEIGHT ABOVE THE WALKWAY SURFACE. 2. LEVEL AREA IN THE DIRECTION OF THE DOOR SWING IS MINIMUM OF 60" IN - \R�6" SIGNS, SEE A. ANY OBSTRUCTION THAT OVERHANGS A PEDESTRIANS WAY SHALL BE A LENGTH. 1004.9.2.1a 4.13.6 g g MINIMUM OF 80" ABOVE THE WALKING SURFACE ( MEASURED FROM THE 3. LEVEL AREA OPPOSITE THE DIRECTION OF THE DOOR SWING IS MINIMUM \ 1[ WOMEN MEN UNISEX O BOTTOM OF THE OBSTRUCTION). 1024.2 4.4.2 OF 44 48" IN LENGTH, DEPENDANT UPON DIRECTION OF APPROACH AND B. IF VERTICAL CLEARANCE OF AN AREA ADJOINING AN ACCESSIBLE ROUTE EXISTENCE OF LATCH AND CLOSER. 1004.9.2.1a&.2a 4.13.6 \ IS REDUCED TO LESS THAN 80", A BARRIER TO WARN BLIND 4. SURFACE SLOPE OF THE LEVEL AREA DOES NOT EXCEED 1:12 li
TYPICAL RESTROOM DOOR SIGNAGE
OR VISUALLY IMPAIRED PERSONS IS PROVIDED. 4.4.2 GRADIENT(2%) 1004.9.2.2a 4.3.7 `���= �V C. SIDEWALKS / WALKS SHALL BE CLEAR OF HAZARDS. 1024 60" MIN. % 4 PROTRUDING OBJECTS PULL SID. 11 ' ®�� 000 4"2. ARE - 24" CLEARAATX SEOE EXE TERN IOR ORS NY DIRECTION �� \ ,J' • .- 27" OBJECTS ND 80' A OVE PROJECTING
THE FINISHED FLOORH DOE NOTD PROTRUDES MORE BETWEENTHAN 11jDOOR-MOUNTED SIGN'- PRECAST CONC. MIN. APPROPRIATE TO ROOM 2 INTO WALKS, HALLS, CORRIDORS, PASSAGEWAYS OR AISLES. (OBJECTS WHOSE LIGHT BOLLARD 18 CLEAR AT INTERIOR DOORS USE ' CD LEADING EDGES ARE AT OR BELOW 27" ABOVE THE FINISHED FLOOR MAY MIN. i Q PROTRUDE ANY AMOUNT). 1121B.1 4.4.1 INTERIOR STAIRS EXTERIOR STAIRS r& A . . ti
A. PROTRUDING OBJECTS MAY NOT REDUCE THE REQUIRED CLEAR WIDTH OF i a 1�i ill UPPER APPROACH & UPPER APPROACH & ALL ' WEN MC CCO al VAN ACCESSIBLE AN ACCESSIBLE ROUTE OR MANEUVERING SPACE. p om o NOTES:
PROVIDE THIS ADDITIONAL LOWER TREADS MUST BE TREADS MUST BE MARKED O '' N B. FREE STANDING OBJECTS MOUNTED ON POSTS OR PYLONS OVERHANG 12" z z cn a ` SPACE IF DOOR IS MARKED 1. ON DOORWAYS LEADING TO SANITARY FACILITIES, ■- •� CO C 1 C. WALKS, HALLS, CORRIDORS, PASSAGEWAYS, AISLES OR OTHER = =v Il,Wirr , EQUIPPED WITH BOTH A NOTE: THE SYMBOLS TO BE PROVIDED ARE 12" MAXIMUM FROM 27" TO 80" ABOVE THE FINISHED FLOOR. 1121B.1 4.4.1 �- a II� II e= 7.. 4 WIDE BLUE I LATCH AND A CLOSER EQUILATERAL TRIANGLE FOR MEN, OR 12" DIAMETE" o WARNING STRIPS MUST BE CLEARLY ko
PARKING CIRCULATION SPACES HAVE A MINIMUM OF 80" CLEAR HEAD ROOM. 1121B.2 ' 0a CIRCLE FOR WOMEN, 1/4" THICK CENTERED ON CONTRASTING COLOR FROM ADJOINING W 6,4.BF VERTICAL CLEARANCE OF AN AREA ADJOINING AN ACCESSIBLE ROUTE 0-j 0 4 2% MAX SLOPE IN ANY DOOR � ) IS REDUCED TO LESS THAN 80", A BARRIER TO WARN THE BLIND OR J PUSH SIDE ■ SURFACES. THE STRIP MUST BE MADE OF A L STRIPES, P a DIRECTION 60" ABOVE FLOOR, CONTRASTING COLOR WITH MATERIAL THAT IS AT LEAST AS SLIP S O VISUALLY-IMPAIRED PERSONS SHALL BE PROVIDED. 4.4.2 48" MI RESISTANT AS THE OTHER TREADS OF THE DOOR. 1115B.5 //��� Oo21A60 N T S 1-IA60 N T S 6A60 STAIR, (PAINTED STRIPS ARE ACCEPTABLE) N T S 1A60 N.T.S. C �y y 01 gi ., T HAZARDS AND PROTRUDING OBJECTS 21 CLEARANCE AT DOORS 11 WARNING STRIPING 6 TOILET SIGNAGE 1 I- Z -0 ti GENERAL APPROVED STAIRWAY IDENTIFICATION SIGNS SHALL BE LOCATED AT C 0 O algli ��io 3' 0"X 3' 0'I DOORS EACH FLOOR LEVEL IN ALL ENCLOSED STAIRWAYS IN BUILDINGS TWO OR MORE WHITE SYMBOLS AND LETTERS ON N
1. MINIMUM 3' IN WIDTH, 7'-0" IN HEIGHT. 1004.E A BLUE BACKGROUND, TYPICAL STORIES IN HEIGHT. THE SIGN SHALL IDENTIFY THE STAIRWAY, INDICATE a CtTRAFFIC-PAINT BLUE 2. OPENS A MINIMUM OF 90 DEGREES. 1004.6 4.13.5 234 - - - - - WHETHER THERE IS ROOF ACCESS, THE FLOOR LEVEL, AND THE UPPER AND I PERMANENT SIGNAGE TO BE INSTALLED ON • • • • 0 V/ r INTERNATIONAL SYMBOL 3. CLEAR WIDTH OF THE DOORWAY IS 32" MINIMUM. 1004.6 4.13.5 E T���� T T 1 �R� I�1Fl9t�Mdl �FF+FE �I�I� NT���� IE STAIRWAY LOCATION, THE THE WALL ADJACENT TO THE LATCH SIDEt M CI) F----- A "' "��"'' OF ACCESSIBILITY, SEE 4. DOUBLE DOORS/ AUTOMATIC DOORS - AT LEAST ONE DOOR MUST FLOOR LEVEL NUMBER, AND UPPER AND LOWER TERMINUS OF THE STAIRWAY. 9 , COMPLY WITH A, B AND C ABOVE. 1004.6.2&.3 4,13,4 1006.16 o OF THE DOOR. MOUNTING LOCATION MUST ` DETAIL 5. BOTTOM 10" OF DOOR HAS A SMOOTH, UNINTERRUPTED SURFACE (KICK ALLOW A PERSON TO APPROACH WITHOUT MEN IIII
;ers.
%��� ENCOUNTERING PROTRUDING OBJECTS OR���� , PLATE)) 1004.8.1 II STANDING WITHIN THE SWING PATH OF THETall HANDICAPPED ��. ',t ..� ; 6. EFFORT TO OPERATE DOORS IS WITHIN PRESSURES ALLOWED H H H RESTROOMLON �S , ./ / S V ; Ioo " DOOR. ` MEN ` WOMEN ` UNISEX ` RESTROOMS ` FIRST FLOOR 0 .wi / •� A. INTERIOR DOORS - 5 POUNDS MAXIMUM PRESSURE TO OPERATE. 1004.5.1 B. EXTERIOR DOORS - 8 1/2 POUNDS MAXIMUM PRESSURE TO OPERATE. r` TYPICAL RESTROOM WALL SIGNAGE 9-0 8-0 9-0 1004.5.1 4.13.11(2)(a) �\ DOOR SWING PATH LETTERING RAISED
C. FIRE DOORS - 15 POUNDS MAXIMUM PRESSURE TO OPERATE. 1004.5.1 `\ OR RESESSED 1/32"
7. 44tli[mi�(A)fIC DOORS MUST PROVIDE A MINIMUM 32" CLEARANCE WHEN MOUNTING LOCATION ( WALL MOUNTED SIGNAGE TO BE FULLY OPEN. 1004.E 4 4.13.5 a LOCATED ON LATCH SIDE OF DOOR H.C. PARKING DOORS HARDWARE 1-INCH SIZE WITH 1 sr CORRESPONDING SWING. MOUNT AT 60" TO
1. EXIT DOORS ARE OPERABLE FROM THE INSIDE WITHOUT THE USE OF A KEY 1/4 INCH STROKEGRADE II 00000°o' CORRESPONDING 26 OR ANY SPECIAL KNOWLEDGE OR EFFORT. 1004.3 ► NORooFACCESS ROOF= BRAILLE TO 23L1 °O GRADE II CENTER LINE OF SIGN FROM FLOOR 5-INCH SIZE WITH BE LOCATED BRAILLE ,�
2. OPERABLE WITH A SINGLE EFFORT (EX. LEVER TYPE, PANIC BARS OR A�1 6 - DIRECTLY ` i ® r ` 3/4-INCH STROKE 1 b 1 1 CORRESPONDING GRADE II PUSH- PULL TYPE. 1004.3.1 4.13.9 UNDER OR LITERARY BRAILLE `� LETTERS AND NUMERALS SHALL BRAILLE
3. OPENING HARDWARE IS CENTERED BETWEEN 30" AND 44" ABOVE FINISH 1-INCH SIZE WITII B2iHR01.1k112 ADJACENT TO 1n•A BE R aucH12
RAISED 1/32", UPPER CASE, STANDARD
SIGNAGE
THE INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL CONSIST OF A WHITE FLOOR. 1004.3.1 4.13.9 1/4 INCH STROKE GE SANS SERIF OR SIMPLE SERIF DER LETTERING RAISED 1 32' 16 GA.GALV.REFLECTORIZED FIGURE ON A BLUE BACKGROUND. THE BLUE SHALL BE EQUAL TO COLOR NO. 4. DOOR CLOSERS, IF PRESENT, MUST BE SET SO THAT IT TAKES AT LEAST INFORMATION / NOTE; TYPE AND SHALL BE AmLIN %PACING .090 UPPER-CASE CHARACTERS o WHITE-(INCLUDING FASTENERS) 15090 IN FEDERAL STANDARD 599B. 1117B.5.1.2 3 SECONDS TO CLOSE FROM AN OPEN POSITION OF 70 DEGREES TO WITHIN 3" ACCOMPANIED WITH GRADE II 1° PAINTED,W/1"CORNER RAD. WHEN RAISED CHARACTERS OR SYMBOLS ARE USED, THEY SHALL CONFORM TO OF THE LATCH. 4.13.10 N T S THE INFORMATION ON THE SIGN MUST BE PRESENTED WITH RAISED ARABIC IIEONTAL SEPARATION
BRAILLE, RAISED CHARACTERS
THE FOLLOWING: 1117B.5.6.2 4,30.4 NUMERALS AND CORRESPONDING GRADE II BRAILLE. THE MEZZANINE LEVELS BETWEEN CELLS 241 • • DOORS AND DOOR HARDWARE 22 SHALL BE AT RLEACT 5/8" HIGH,
IIIINIO
PICTORIAL SYMBOL SIGNS (PICTOGRAMS) SHALL BE ACCOMPANIED BY THE SHALL HAVE THE LETTER "M" PRECEDING FLOOR NUMBER. BASEMENT LEVELS FR3UT NO HIGHER THAN 2" �D$ 7L SEPARATION 0 EQUIVALENT VERBAL DESCRIPTION PLACED DIRECTLY BELOW THE PICTOGRAM. SHALL HAVE THE LETTER "B" PRECEDING THE FLOOR NUMBER. N.T.S. 7A60 BETWEEN CELLS N.T.S. 2A60 \ N.T.S.
THE BORDER DIMENSION OF THE PICTOGRAM SHALL BE A MINIMUM OF 6" IN 395 INCHES (3)-1/8"x 3/4" HEIGHT. 1117B.5.6.3 4.30.4 1. FLOOR(S) OR LANDING(S) ARE NOT MORE THAN 1/2" LOWER THAN THE �■d S.M.SCREWS. LETTERS AND NUMBERS ON SIGNS SHALL HAVE A WIDTH-TO-HEIGHT RATIO OF 2. CHANGE OCF THE HANGE IN REVELOLBETWEEN DOORWAY.
AND01/2911S BEVELED AT A GRADIENT STAIRWAY IDENTIFICATION SIGNAGE 12 INTERIOR SIGNAGE 7 RESTROOM WALL HC SIGNAGE 2 C BETWEEN 3:5 AND 1:1 AND A STROKE WIDTH-TO-HEIGHT RATIO BETWEEN 1:5 OF 1:2. 1004.9.1a 4.5.2 W AA++
AND 1:10. 1117B.5.3 4.30.2 NOTES:
CHARACTERS AND SYMBOLS SHALL CONTRAST WITH THEIR BACKGROUND, NOTE:I A 1/4" MAXIMUM VERTICAL EDGE IS ALLOWABLE AT THRESHOLDS. A. WALKS AND SIDEWALKS SHALL HAVE A CONTINUOUS COMMON A. AT EVERY PRIMARY PUBLIC ENTRANCE AND AT EVERY MAJOR JUNCTION ALONG 5'-1"
PT CHANGES INPTED BY STEPS OR ABRUPT
SURFACE IS NOT INTERRUPTED U
EITHER LIGHT CHARACTERS ON A DARK BACKGROUND OR DARK CHARACTERS 3• DOORMATS ARE SECURLY ATTACHED (ANCHORED OR RECESSED) 1124B.3 OR LEADING TO AN ACCESSIBLE ROUTE OF TRAVEL THERE SHALL BE A SIGN MIN CD 4,5,3 MAXIMUM HEIGHT OF DOORMATS IS 1/2" LEVEL OF THE FLOOR, SIDEWALK OR WORKING SURFACE 1023.1 DISPLAYING THE INTERNATIONAL SYMBOL OF ACCESSIBILITY. SIGNS SHALL W ON A LIGHT BACKGROUND. 1117B.5.5 4.30.5 1124B.3 4.5.3 CLR 1"-HIGH BLACK-PAINTED 1/2" MAX. WOO LEVEL CHANGES OF 1/4" OR LESS MAY BE VERTICAL. INDICATE THE DIRECTION TO ACCESSIBLE BUILDING ENTRANCE AND FACILITY ' ■
CHARACTERS AND NUMBERS ON SIGNS SHALL BE SIZED ACCORDING TO THE GRAPHICS AS FOLLOWS: DOOR \ \ 1/4•• AT 1:2 SLOPE B. SLOPE IN THE DIRECTION OF TRAVEL DOES NOT EXCEED 1:20 0 A+ VIEWING DISTANCE FROM WHICH THEY ARE TO BE READ. THE MINIMUM HEIGHT 2 1127B,3 4,1,3(16)(b) W IS MEASURED USING AN UPPER CASE X. LOWER CASE CHARACTERS ARE MAX GRADIENT (5.0%) 1023.3 4.3.7 B. ALL BUILDING ENTRANCES THAT ARE ACCESSIBLE SHALL BE IDENTIFIED WITH > UNAUTHORIZED VEHICLES NOT Q1 T C. CROSS SLOPE DOES NOT EXCEED 1:50 GRADIENT 2 0 0 PERMITTED. FOR SIGNS SUSPENDED OR PROJECTED ABOVE THE FINISH FLOOR \ ( ATLEAST ONE STANDARD SIGN AND WITH ADDITIONAL DIRECTIONAL SIGNS Q DISPLAYING DISTINGUISHING r ,l D. 11 30141M JfS�•4VI6TH OF WALKWAYS. 1023.1 C. $1Cbt�6, / E INSTALLED ON THE WALL ADJACENT TO THE LATCH SIDE OF THEa UM IN COMPLIANCE WITH SECTION 3105A(K), THE MINIMUM CHARACTER HEIGHT DOOR (AT DOUBLE LEAF DOORS AND WHEN THERE IS NO WALL SPACE AT THE PLACARDS OR LICENSE PLATES t t E. NO GRATINGS IF GRATINGS ARE NECESSARY, GRID OPENINGS O �� l�� TE •GR1�6B •�R�C1L3f3SHALL BE USED WHEREVER BRAILLE SYMBOLS AO METAL THRESHOLD COMPRESSED CARPET LATCH SIDE, SIGNS SHALL BE PLACED ON THE NEAREST ADJACENT WALL, ISSUED FOR PHYSICALLY DISABLED ARE SPECIFICALLY REQUIRED IN OTHER PORTIONS OF THESE REGULATIONS. ARE A MAXIMUM OF 1/2" IN DIRECTION OF TRAFFIC FLOW). 1'-0" 1/4" MAX. BELOW FINISH FLOOR EVEN PREFERABLE ON THE RIGHT) 1117B,5,9 4,30,6 '^ PERSONS MAY BE TOWED AWAY DOTS SHALL BE 1/10" ON CENTERS IN EACH CELL WITH 2/10" SPACE THRESHOLD f021i9�K .III H CONTINUOUS GRADIENTS SHALL HAVE LEVEL AREAS D. MOUNTING HEIGHT IS 60" FROM THE FINISH FLOOR TO THE CENTER LINE OF (10 AT OWNER'S EXPENSE.TOWED BETWEEN CELLS. DOTS SHALL BE RAISED A MINIMUM OF 1/40" ABOVE THE AT LEAST 5' IN LENGTH EVERY 400'. 1023.E v••� '♦ THRESHOLDS SIGN 1117B.5.9 4.30.E v ��� R OU N D. 1117B.5.2 a 4.30.4 N.T.S. ////////////////////////////////////////' G. ACCESSIBLE ROUTES WITH LESS THAN 6 0" O F CLEAR WIDTH HAVE o N.
VEHICLES MAY BE RECLAIMED AT OR BY I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PASSING SPACES A MINIMUM OF 60" X 60" AT LEAST EVERY 200'. U 51-0�� DIA M l' SIGNS & IDENTIFICATION 27S$T�: A T-INTERSECTION OF TWO CORRIDORS OR WALKS IS AN _ z Z_ \ TELEPHONING MAT CARPETING MUST O STONE THRESHOLD ACCEPTABLE PASSING SPACE. - co m II I >O CONSIST OF: Q, -I _c co THE CENTER OF 15, 20 AND 30 AMP ELECTRICAL OUTLETS AND ', H. SURFACE IS SLIP RESISTANT 1023.1 4.5.1 D Co COMMUNICATION SYSTEM RECEPTACLE OUTLETS SHALL BE INSTALLED NOT LESS - LEVEL LOOP � ♦ TEXTURED LOOP I. LEVEL CHANGES BETWEEN 1/4"' 1/2" ARE BEVELED A MINIMUM 7 0 V THAN 12" ABOVE THE FLOOR OR WORKING PLATFORMS. SEC 3105A(F)3 & - LEVEL CUT FILE, OR 13A60 OF 1:2 1023.4 4.5.2 N.T.S. 1111 0 li
O 3FFF210EN f$)OF THE GRIP OF THE OPERATING HANDLE OF CONTROLS OR - LEVEL CUT / UNCUT PILE -•, HANDICA 01) , 4. INSTALL ALL DISPENSERS AT 3'-4" ��_�� "= E__4, FIRM PAD MOUNTED 33" ABOVE FLOOR. (EXCEPTION: REAR GRAB BAR OVER SYMBOL OF ,O�o PLAN GRAB BAR MAX TO THE HIGHEST OPERABLE - ELECTRICAL 28 T- -_- EXPOSED EDGE �" TANK TYPE WATER CLOSER MAY BE UP TO 36" ABOVE FLOOR) ACCESSIBILITY (SEE 0 NTS PART OF UNIT S.INSTALL WATER
2. BARS SHALL BE 1-1/4" TO 1-1/2" IN DIAMETER WITH CLOSET SEAT AT 1' S" 1' 7"A.F.F.
CONC.SIDEWALK IIIIII 1-1/2" CLEARANCE TO WALL. 8��b' 3 THIS SHEET) N.T.S. `�• TRANSITION TRIM 3. BAR FASTENERS AND MOUNTING SUPPORT SHALL BE z
23A60 N.T.S. ABLE TO WITHSTAND 250 LBS. POINT LOAD IN BENDING, SHEAR ENTRANCE SIGNAGE 8 / 2'-0" TYP. ,
1.GROUND AND FLOOR SURFACES ALONG ACCESSIBLE ROUTES AND IN TENSION. ROTATION IN FITTING NOT ALLOWED.
ACCESSIBLE ROOMS AND SPACES INCLUDING FLOORS, WALKS, RAMPS, STAIRS 4, SURFACE OF WALL ADJACENT TO GRAB BAR IS TO BE AND CURB RAMPS ARE STABLE, FIRM AND SLIP RESISTANT. 1120B.2&1124B DOOR THRESHOLDS 23 FREE OF SHARP OR ABRASIVE ELEMENTS NOTES: / 1 0" ,
2.6/1RIDETS OR CARPET TILES ARE SECURELY ATTACHED AND HAVE A LEVEL A. MINIMUM 30" X 48" CLEAR SPACE IS PROVIDED IN FRONT OF SINK THAT LOOP, TEXTURED LOOP, LEVEL CUT PILE OR LEVEL-CUT/UNCUT PILE WITH PILE NOTES: 11/2" ALLOWS FORWARD APPROACH. 1115B.9.1.1 4.19.3 NOT EXCEEDING 1/2" IN HEIGHT. 1124B.3 4.5.3 1. HEIGHT OF WATER CLOSET SEAT SHALL BE 17" TO 19" ABOVE FLOOR. 1 1/4 TO 1 1/2" DIA. B. REQUIRED CLEAR SPACE ADJOINS OR OVERLAPS AN ACCESSIBLE ROUTE.
Q p V 0 4 1 3.EXPOSED EDGES OF CARPET ARE FASTENED TO FLOOR SURFACES AND HAVE 2502 F41��13 VALVE SHALL BE LOCATE ON WIDE SPACE SIDE OF TOILET (NORMINAL DIA. GRAB AND EXTENDS 19" MAX. UNDER LAVATORY. 1115B.9.1.1 4.19.3 TRIM ALONG THE ENTIRE LENGTH OF THE EXPOSED EDGE. 1124B.3 4.5.3 (EXCEPT TANK TYPE). THE FORCE REQUIRED TO ACTIVATE THE FLUSH VALVE BAR) C. LAVATORIES ADJACENT TO SIDEWALL SHALL HAVE 18" MIN. DISTANCE TO GRAB BAR p 4•CHANGES IN LEVEL DO NOT EXCEED 1/2" BEVELED AT A 1:2 GRADIENT 44" MAX. TO FINISH FLOOR SHALL BE 5 LBS. MAXIMUM. 1502 4.16.5 CENTER OF FIXTURE 1504.1 D 3. TOILET PAPER DISPENSER ALLOWS CONTINUOUS PAPER FLOW AND DOES -� (1/4" VERTICAL IS ALLOWABLE). 1124B.2 4.5.2 NOT CONTROL DELIVERY. 1115B.9.3 4.16.6 " D. SINK IS A MAXIMUM OF 6-1/2" DEEP. 4.24.4 T O 6 mZ COMBINATION/DISPENSERCO A SLOPE TOP TO DRAIN 5.GRATINGS LOCATED IN WALKING SURFACES HAVE GRID OPENINGS A MAXIMUM * MA� WALL/DISPENSER co E. KNEE CLEARANCE UNDER SINK IS A MINIMUM OF 27" HIGH AND 30" WIDE, UNIT D 1'-0"DIA.CONC.FOOTING OF 1/2" WIDE IN ONE DIRECTION. 1124B.4 4.5.4 / , 36" MIN. ^� I 0 AND PROVIDES AN ABSOLUTE DEPTH OF 19" UNDERNEATH THE SINK. 4.24.3 1 \- D 6.WHEN GRATINGS HAVE ELONGATED OPENINGS, THEY SHALL BE PLACED SO 42" MIN. GRAB BAR SECTION - F. DRAIN AND HOT WATER PIPING IS INSULATED OR CONFIGURED TO PREVENT LID' N THAT THE LONG DIMENSION IS PERPENDICULAR TO THE DOMINANT DIRECTION / 18" Q p 14A60 N.T.S. CONTACT 1504.2 4.19.4 THIS DRAWING IS A OF TRAVEL. TOILET G. THERE ARE NO SHARP OR ABRASIVE ELEMENTS UNDER SINK. 1504.2 FOR REFERENCE 36" MAX. /- PAPER 12 i - ONLY - SEE TOILET D MIN. A:24.6 FAUCETS ARE LEVER TYPE, ELECTRONICALLY ACTIVATED OR APPROVED m ROOM ELEVATIONS - HOLDER GRAB BAR DETAIL 14 SELF CLOSING VALVES (MIN. 10 SECOND OPEN FLOW). 1508 4.24.7 m D FLOORS AND LEVELS 29 WITHOUT I. FAUCETS ARE OPERABLE WITH ONE HAND AND DO NOT REQUIRE TIGHT UJ H.C. SIGNAGE O g Q O GRASPING, PINCHING OR TWISTING OF THE WRIST 1508 4.27.4 Q 0 31 NOTES: NOTES: J. 5 LB. MAXIMUM FORCE REQUIRED TO ACTIVATE CONTROLS. 1508 4.27.4 A. LOCATED IN AN ALCOVE NOT LESS THAN 32" WIDE X 18" DEEP. A. MINIMUM 30" x 48" CLEAR FLOOR OR GROUND SPACE IS PROVIDED TO ALLOW m K. MIRROR IS MOUNTED WITH THE BOTTOM EDGE NO HIGHER THAN 40" FROM Q I: 17B81'.219" DEPTH OF THE FOUNTAIN. 1507.1 4.15.5 m FORWARD OR PARALLEL APPROACH TO ACCESSORIES. 1115B.8.4.1 4.22.7 THE FLOOR. 1115B.9.1.2 4.19.6 f C. CLEAR AND UNOBSTRUCTED KNEE SPACE A MINIMUM OF 27" HIGH BY 8" \ B. ONE FULL UNOBSTRUCTED SIDE OF THE CLEAR FLOOR OR GROUND SPACE \ \ ` DEEP UNDER THE FOUNTAIN ( MEASURED FROM FRONT EDGE). 12" °1 rnz ADJOINS OR OVERLAPS AN ACCESSIBLE ROUTE OR ADJOINS ANOTHER D507CmE4.G5E�RANCE A MINIMUM OF 9" HIGH BY 17" DEEP. 1507.1 4.15.5 ' � WHEELCHAIR CLEAR FLOOR SPACE. 1115B.8.4,2 4,2.4,2 Q MAXMAX. „ - 4A60 ELEVATION N.T.S.
E. LEVER OF PUSH BAR TYPE CONTROL IS LOCATED 6" MAXIMUM FROM i 24 C MIRROR IS MOUNTED WITH THE BOTTOM EDGE NO HIGHER THAN 40" FROM THE FRONT EDGE. 1507.2 4.15.4 MIN. T FLOOR, 1115B,9,1,2 4.19.6 Q F. BUBBLER OUTLET IS LOCATED 6" MAXIMUM FROM FRONT EDGE. 1507.2 mm \ \ D. OPERABLE PARTS (INCLUDING COIN SLOTS) OF ALL FIXTURES OR ACCESSORIES H/C STALL 4 4,15.g'1,JBBLER OUTLET IS LOCATED 36" MAXIMUM HEIGHT FROM FLOOR. 1507.2 (b) (a) ARE LOCATED A MAXIMUM OF 40" ABOVE FLOOR (I.E., SOAP DISPENSERS, Z 1411,15.2TREAM FROM BUBBLER IS SUBSTANTIALLY PARALLEL TO FRONT EDGE. ` TOWELS, TOILET SEAT COVERS, AUTO-DRYERS, SANITARY NAPKIN DISPENSERS, 50g4RE411 OOM BUBBLER IS A MINIMUM OF 4" HIGH. 1507.2a 4.15.3 SIDE VIEW FRONT VIEW WASTE RECEPTACLES, ETC.). 111B.9.2 4.23.7 HANDICAPPED COMPARTMENT DOOR: /' E. CONTROLS AND OPERATING MECHANISMS ARE OPERATE WITH ONE HAND AND 1. EQUIPPED WITH AN AUTOMATIC \` FLOOR- V 0 U \ TE D WA TE' CLOSETS DO NOT REQUIRE TIGHT GRASPING, PINCHING, OR TWISTING OF THE WIST. CLOSING DEVICE (3 SECOND *i
18" 19„ 1117B.6.4 4.27.4 / 60" MIN. , MINIMUM SWEEP TIME FROM OPEN =52" MINIMUM WHEN WATER CLOSETS ARE IN STALLS F. THE FORCE REQUIRED TO ACTIVATE CONTROLS IS 5 LBS. MAXIMUM. 1117B.6.4 FLUSH _,36" MINA TMAXPOSITION OF 70 DEGREES TO A *=54" MINIMUM WHEN WATER CLOSETS ARE NOT IN STALLS 4.27.4 ites z ACTIVATOR POINT 3" 1115B.7.13 4.13.10 (SUCH AS IN SINGLE ACCOMMODATION ROOMS OR OPEN TOILETIN SITUATIONS)C. COAT HOOKS AND SHELVING ARE LOCATED WITHIN APPROPRIATE REACH \ ON WIDE ,18", GRAB BAR-3'-0"LENGTH 2. Ldit ORRTMENT DOOR PROVIDES A \` 6" RANGES (48" MAX. ABOVE FLOOR RECOMMENDED). 1118B.4.1 THRU B.6 4.2.5 L ,1 SIDE GRAB BAR-3'6"LENGTH MINIMUM 9" CLEARANCE FOR TOILET PAPER HOLDER * MAX. H. IF MEDICINE CABINETS ARE PROVIDED, AT LEAST ONE HAS A USABLE SHELF FOOTRESTS UNDERMEATH DOOR.
MIRROR , 36" MIN. NO HIGHER THAN 44" ABOVE FLOOR, 4,23,9 J \ o * 1115B.7.1.3 4.22.2 Q 2'-10" �/
-,_---------;// ACCESSIBLE k 42" MIN. 'v Q i 18" X Sz 3. lick
AND OUTSIDE OF THE
SINK MIN C7 TOILET X a , 1--� COMPARTMENT DOOR IS EQUIPPED SEAT COVER DISPENSER 12" 36" MAX. PAPER 12" TOWELS SANITARY CUPS ���%, Z_ a Z_ Z WITH A LOOP OR U SHAPED 1 HOLDER MIN. & WASTE WASTE TOWELS DRYER NAPKINS - ` 1 ��/U Z 2 o Z�-N HANDLE IMMEDIATELY BELOW THE 1'-a° MAX ` �:1;1Ij„�i,i11, 2 2" MIN. 4_ 2Ln���� Igo N� LATCH. THELATCHISATHOUT �:.,,,, p� Z_MINgOTTOM OF0�•�, O TpPS O 'D1•�i`��p N m 42" MIN. \ \ ` FLIP OVER STYLE, SLIDING, ORMIRROR �`II��►� X / J�\`I ��� Z N GRAB TOIGHTRGRASP GRASPING OR E �WISTINGT RING N N m l _ r���ii, a = m �►�� ' °\g \ \ \ BAR Z 1115B.7,1,3 4,13.9 O CI Z t Z C ØkW
/ m / \ _ O " " U 4. OPENING HARDWARE IS CENTERED Lii N G 8" MIN. KNEE 6" MAX.TOE - BETWEEN 30" AND 44" ABOVE m Q z z w Z \ a, ( S FINISH 1133B2.2.4 CLEARANCES CLEARANCES Q O�v,I , 12" , (___ , \ (0^
N w o �� MAX. x C Q '7 v, CI n \ =o r, N o r`Q\ , 8" , 6" J MIN. T o 19" ABSOLUTE D PT U °z THIS DRAWING IS FOR MIN. MAX. IEPT 30" WIDE f �T n REFERENCE ONLY - 8" SPOUT HEIGHT AND KNEE CLEARANCE SIDE VIEW FONT VIEW �� LAVATORY CLEARANCES n \ SEE TOILET ELEVATIONS ROOM MIN
30A60 N.T.S. 25A60 WALL- VOUNTED WATER CLOSETS N.T.S. I 10A60 N.T.S. 5A60 N.T.S. 15A60 NTS A7 . O ELEVATION ACCESSIBLE MOUNTING HEIGHTS 32 WATER FOUNTAIN 30 GRAB BAR & TOILET PAPER LOC. 25 TOILET ROOM ACCESSORIES 15 SINKS (LAVATORY) 10 ACCESSIBLE STALL 5
Attachment E-Landscaping Palette(Examples)
Trees:
Dwarf Magnolia Carrotwood
Magnolia grandiflora'Little Gem' Cupaniopsis anacardioides , „..
, - , -•-, ?- , r ,
v._. - ,! - • - •
• . .
- -, - _- ...• ..
me: - •• .-.0•• " -, _ • .eihri.lk '.. io -• '. ' .'.f • .- .e.
Alb. TA: - i• .P '...... . ' ,.
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www.uplandheritage.org
If y 909 981-0280
VIAND HI) " 't E
�yl1
ST. 19c9 -"
"Preserving the Past to Enrich our Future"
March 24, 2024
City of Upland
Planning Commission
460 N Euclid Avenue
Upland, CA 91786
Dear Commissioners,
Upland Heritage is writing this letter to support the current owners of 1010 N Euclid Avenue with their endeavor to change the zoning from residential to mixed use. This house is located on the corner of Euclid Avenue and Foothill Blvd and its location lends itself well to mixed use zoning.
This house is historically and culturally very significant to Upland and is a contributing home within Upland's Euclid Avenue historic district. It was constructed in 1930 by Ernest H. and Ruth Gibson in the Spanish Colonial Revival architectural style and was part of a block of revival homes that may have been one of Upland's first tract homes. These homes are still intact on the east side of Euclid in the north 1000 block.
Upland Heritage is excited about the current historic restoration that the owners, Gina and Scot Moga, are working on, especially because this house sat derelict for many years. The Moga's have spared no expense so far restoring this gem with an eye to historic detail and we are pleased that it is receiving the care that it deserves.
We wholeheartedly support their efforts to use this building as a future law office and we hope that the Planning Commission will support this as well. Please feel free to call me at if you have any questions.
Best Regards,
Kati Parker
Upland Heritage
Board President/Executive Director
MINUTES OF THE SPECIAL MEETING OF THE PUBLIC WORKS
COMMITTEE
April 30, 2024
5:00 p.m.
Carnegie Library Building
123 East D Street
1. CALL TO ORDER AND ROLL CALL
Chairperson Breitling called the meeting to order at 5:00 p.m.
In attendance: Committee Chairperson Breitling, Committee Member Garcia, Citizen Advisory Members Hoss and Rubio, Interim Public Works Director Nix, Engineering Manager Critchfield, Associate Engineer Swanner, Principal Engineer French, and Environmental Quality Administrator deMoet
Absent: Citizen Advisory Members Damrath and Ickis
2. ORAL COMMUNICATIONS
None
3. AGENDA ITEMS
a. CITYWIDE PAVEMENT SURVEY AND MANAGEMENT PROGRAM UPDATE Engineering Manager Critchfield and Associate Engineer Swanner presented an update on the survey along with a PowerPoint presentation and answered questions from the Committee.
b. SIDEWALK MASTER PLAN
Principal Engineer French presented an update on the sidewalk master plan, along with a PowerPoint presentation and answered questions from the Committee.
c. SOLID WASTE RATE ANNUAL CPI INCREASE FOR SERVICES
Environmental Quality Administrator deMoet presented information on the annual CPI rate increase along with a PowerPoint presentation and answered questions from the Committee.
d. WATER MASTER PLAN AND SEWER MASTER PLAN STATUS UPDATE
PRESENTATION
Environmental Quality Administrator deMoet provided an update on the master plan along with a PowerPoint presentation, and answered questions from the Committee.
1
4. ADJOURNMENT
Chairperson Breitling adjourned the meeting at 5:38 p.m. The next regularly scheduled Public Works Committee meeting is Tuesday, July 9, 2024.
Keri Johnson, City Clerk
2
4or17pt CI'YU PLAN D
G '-w'- -u d rr,r City of Grncirtus Living Ilk `k7•' PUBLIC WORKS
may, COMMITTEE
�txxo
**AGENDA**
Tuesday, April 30, 2024
5:00 p.m.
SPECIAL MEETING
Carnegie Library Building
123 East D Street
Residents may observe the meeting remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.
1. CALL TO ORDER AND ROLL CALL
2. ORAL COMMUNICATIONS
Citizens wishing to address the Committee on any matter that is listed or not listed on the agenda may do so at this time. Anyone wishing to address the Committee is requested to submit a speaker card to staff at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes.
Please note that under provisions of the Brown Act the Committee Members cannot respond to, nor take action on, items that are not listed on the agenda.
3. AGENDA ITEMS
a. CITYWIDE PAVEMENT SURVEY AND MANAGEMENT PROGRAM UPDATE Recommended Action:
The Public Works Committee receive and file the presentation on the state of the City's asphalt pavement condition assessment.
b. SIDEWALK MASTER PLAN
Recommended Action:
The Public Works Committee receive and file the presentation on the state of the City's sidewalk conditions and assessment.
c. SOLID WASTE RATE ANNUAL CPI INCREASE FOR SERVICES Recommended Action:
The Public Works Committee receive and file the solid waste presentation. d. WATER MASTER PLAN AND SEWER MASTER PLAN STATUS UPDATE PRESENTATION Recommended Action:
The Public Works Committee receive a verbal update on the status of the master plans.
4. ADJOURNMENT
The next regularly scheduled Public Works Committee meeting is Tuesday, July 9, 2024.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II]
On April 25, 2024 a true and correct copy of this agenda was posted at 450 N. Euclid Avenue (Upland Public Library), 460 N. Euclid Avenue (Upland City Hall), 123 East D Street (Carnegie Library Building), and the City website at www.uplandca.gov
The full packet for the Public Works Committee
meeting can be viewed on our website at:
https://www . uplandca .gov/city-council-
agendasminutes
You may also view the video of the meeting at:
https://uplandca .gov/council-meeting-
broadcasts
(choose the tab for "other archived meetings"
to locate the meeting video)
cd,�- �pl"� CITY UPLAND
�5, _�� "The City of Gracious Living"
CltIFOBS
1. Stall(kr Ctilt
DATE: May 13,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR SUBJECT: UPDATE ON THE DOWNTOWN UPLAND PARKLETS PROJECT RECOMMENDED ACTION:
It is recommended that the City Council receive and file this update on the Downtown Upland Parklets Project.
GOAL STATEMENT
The proposed project supports the City's goal of creating additional public urban space and public realm improvements in the Downtown as part of the Downtown revitalization strategy.
BACKGROUND
On October 9, 2023, the City Council approved the plans and specifications for the Downtown Upland Parklets Project,awarded the construction contract to DASH Construction in the amount of$1,243,013.56,which included a 15%contingency,and authorized the City Manager to execute the agreement and any future extension or amendments within the City Manager's authority.
Two Councilmembers requested that an update on the Downtown Upland Parklets project be placed on the City Council Agenda. Specifically,they wanted to discuss the events that occurred regarding the decision to remove four (4)Jacaranda Trees recommended by the City's Arborist and concurrence by West Coast Arborists,who were called to provide a second opinion.
ISSUES AND ANALYSIS
Prior to initiating the project, a pre-construction meeting was held on-site by Public Works Department staff, the City's contract construction manager and the contractor,DASH Construction. The Public Works Inspector indicated at the meeting that if any tree roots larger than two(2)inches in diameter or closer than five (5)feet from the base of the tree trunk were necessary to be cut, then work must stop, and the City's Arborist will be called to assess the situation.
As demolition of the asphalt pavement and interior concrete curbing were removed,existing tree roots were exposed but were not intentionally cut. Several roots were cut unintentionally during demolition due to the tree roots being located at or near the pavement. The Public Work's Inspector was notified,and the City's Arborist was called to the site. Prior to the City Arborist arriving,the contractor had marked the location of the footings where the two radius walls would be constructed. This showed that major roots(Over 2 inches in diameter)would have to be cut in order to trench the wall footings.
In accessing the tree root situation,the City Arborist determined that two(2)trees in both the West and East 9th Street Parklets would need to be removed. The trees were in the small finger planters next to the street. The problem was an existing condition at the root balls and roots were located near the surface. In addition,removal was also necessary due to the roots being cut during demolition and the roots needed to be cut to enable trenching for the wall footings.
The City Arborist was concerned with the stability of the trees due to the high elevation root balls, and the health of the trees with the roots needing to be cut. In addition,the hardscape to be constructed in the Parklet's area would have an impact on the trees by compromising the root system.
West Coast Arborist (WCA) was called to obtain a second opinion on the trees which were recommended to be removed. WCA's assessment is attached for the Council's information (Exhibit B). WCA concurred with the City Arborist's recommendation.
Upon being briefed on the situation, staff contacted the project's Landscape Architect to assess the situation and determine if a redesign would help save the trees. The design of the two(2)radius walls had changed from previous iterations in order to minimize potential impact to the existing trees within the parklet area. However,the Landscape Architect indicated that the four(4) trees to be removed were planted in small planters of approximately three feet, which is grossly undersized for a Jacaranda Tree. The images in Exhibit"A"depict how close the Jacaranda Trees were encroaching beyond the small planter as evidenced by spider cracking within the street pavement, and some upheaving of the street. The Landscape Architect asserted that problems occur when retrofitting a project within existing trees as root balls and roots generally are encountered. Their professional opinion was a redesign would not change the existing problem with the four(4)subject trees,and the project should continue as designed.
In sum,the goal in the design of this project was to incorporate the existing Jacaranda Trees. However,the demolition exposed an existing problem that was beneath the surface of the pavement and not known,nor could have been known.
When the Jacaranda Trees were planted around 1967 as part of the City's center street parking design,no deep watering techniques or root barriers were incorporated at that time. This resulted in the tree balls and roots not being firmly established deep into the soil. Therefore,DASH Construction followed the protocol established at the pre-construction meeting and could not have known what would be encountered.
OTHER QUESTIONS FROM CITY COUNCIL
• What percent of the project is completed?
The Parklets on 9th Street are 70%completed.
• What was the expected date of the new trees being installed? The new Jacaranda trees will be installed after the paving has been completed. Staff was asked to order 48"Box trees.
The best price was from West Coast Arborist at $11,200.00 for four(4)trees. However, WCA did not recommend this size based on the small planter area and would not guarantee the trees would survive. The City Arborist concurred with WCA's opinion. Instead, staff ordered 36" Box trees at a total cost of$3,816.00 which would fit within the planter size.
• Is there a plan to mitigate protection of trees on Phase 2(Second Avenue)install of parklets? Yes,Public Works has started a plan for the Second Avenue Parklets which entails saw cutting the pavement removal area to determine if there are any root conflicts ahead of demolition. • Is the vendor responsible for replacing like able trees and was this their error or the city's? There was no error on behalf of the City or the contractor. The contractor is not responsible for the cost to replace the trees as the problem was the result of existing conditions. The cost for the new 36' Box Jacaranda trees will be paid from the project's contingency fund.
• What is the solution on the staff's part for the replaced trees?Same type tree planted?Size? The replacement trees will be 36"Box Jacaranda trees to maintain the landscape design in Downtown. Deep watering techniques will be incorporated when the trees are planted,such as a perforated pipe and bubbler irrigation heads near the trees,as well as root barriers will be installed surrounding the paved surfaces near the trees.
ENVIRONMENTAL DETERMINATION
The Downtown Upland Parklets project was determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities) of the California Environmental Quality Act(CEQA) guidelines.
The Project only involved repair and maintenance of existing public facilities and did not involve expansion of use beyond existing conditions. The City filed the Notice of Exemption with the County of San Bernardino on March 7, 2023.
The item before the City Council is a discussion to update the City Council on the project and does not trigger any changes to the project.
FISCAL IMPACTS
The Downtown Upland Parklets project (Project #32337) was approved and fully funded by the City Council on October 9,2023. The discussion to update the City Council on the project has no fiscal impact.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
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East 9th Street Median Islands
Proj ect
Construction Impact Report
SUBMITTED TO:
Harry Parr
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
PREPARED BY:
JEFF CRAIN
ci ISA Board Certified Master Arborist WE-
6658B
ISA Qualified Tree Risk Assessor
MARCH 28, 2024
Faye 183 of 219
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Table of Contents
Background and Assignment 2
Assignment 2
Limits of the Assignment 2
Purpose and Use of the Report 2
Results of the Site Visit 2
General Site Conditions 2
Tree Conditions 3
Project Impacts 5
100 East 9th Street—Median Tree 3 5
100 East 9th Street—Median Tree 4 5
100 East 9th Street—Median Tree 5 5
100 East 9th Street—Median Tree 6 5
200 East 9th Street—Median Tree 3 6
200 East 9th Street—Median Tree 4 6
200 East 9th Street—Median Tree 5 6
200 East 9th Street—Median Tree 6 6
Recommendations 7
Appendix A Site Photos 8
Appendix B Assumptions and Limiting Conditions 33 Appendix C Certificate of Performance 34
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Background and Assignment
Assignment
The assignment per the Scope of Work on Proforma 88427 was to prepare a Construction Impact Report for eight jacaranda(Jacaranda mimosifolia) trees impacted during construction activities associated with the expansion of pedestrian crossings and reconfiguration of the median planter islands around the existing trees. The site visit was conducted on March 19, 2024.
Limits of the Assignment
The assignment did not include any excavation of soil to determine the location of tree roots prior to the beginning of construction work. In some cases, roots were exposed during construction activities and could be observed.
The report is not intended to be legal advice and does not represent legal advice as such.
Purpose and Use of the Report
The purpose of this report is to provide the City of Upland(City) staff with an evaluation of the potential impacts to the health and stability of the subject trees that may occur due to the disturbance to roots during the construction activities and provide recommended mitigation for these impacts to the extent possible. The decisions as to which recommendations will be adopted and how they will be implemented will be the responsibility of the City staff as the Controlling Authority.
Results of the Site Visit
A site visit was conducted on March 19, 2024, to evaluate the current status of the subject trees and site conditions after grading activities were completed for the project.
General Site Conditions
The eight (8) subject trees are all jacarandas (Jacaranda mimosifolia), located in median of East 9th Street in the City of Upland, California. The subject trees are in two groupings of four(4) trees, one located in the 100 block of East 9th Street and the other in the 200 block. Both planters were originally bisected by crosswalks, with two trees in each section east and west of the crosswalk. To enlarge the crosswalk areas, changes to the shape and size of the island planter segments were required.
2
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Prior to construction activities, the islands were approximately four inches (4") above grade for the adjacent pavement, surrounded by concrete curbs, with a parking spot in between the two trees on either side of the crosswalk. A brick wall, approximately two feet (2') in height separated the planters from the crosswalk on either side. c1u ••a w Ra.ord t' . A
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Figure 1: Site Map
Tree Conditions
All eight subject trees are jacarandas (Jacaranda mimosifolia). The species is partly deciduous, meaning that trees will drop most of the leaves during the dormancy period, but retain some living foliage. The species tends to develop an extensive root system, however, most of the structural roots tend to be nearer the surface. The diameter at breast height(DBH), approximate height, and general health condition for each of the subject trees is provided in Table 1. 3
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Tree# DBH Height Health Notes
(in) (ft)
100 E. 9th 14 30 Good None
Street M-3
100 E. 9th 20 30 Good None
Street M-4
100 E. 9th 15 25 Good None
Street M-5
100 E. 9th 14 30 Good None
Street M-6
200 E. 9th Trunk lean at approximately 6' with signs of Street M-3 18 35 Fair decay below bend on both the compression and tension side.
200 E. 9th 17 35 Fair Large wound on lower trunk with possible Street M-4 decay.
200 E. 9th 21 35 Good None
Street M-5
200 E. 9th Trunk lean at approximately 6' with signs of Street M-6 12 30 Fair decay at the bend.
4
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Project Impacts
The demolition work and most of the grading work had been completed at the time of the site visit. Roots from all eight trees were damaged during the project work to varying degrees.
Specific damage to each tree is described below and photos of the damage described are included in Appendix A.
100 East 9th Street- Median Tree 3
Roots from this tree were exposed, damaged and cut during the demolition of the pre- construction curbs and adjacent pavement and installation of the new planter curb. The closest cuts occurred on the west side of the tree, where roots up to two inches (2") in diameter were cut within twelve inches (12") of the base of the tree. None of these roots were structural roots.
Structural roots, three to four inches (3"-4") in diameter, were cut during trenching on the east side of the tree, with the closest cuts occurring approximately thirty-two inches (32") form the base of the tree.
100 East 9th Street- Median Tree 4
Demolition and grading activities resulted in the damage and cutting of roots in all directions around the tree. Many of the damaged and cut roots were within twelve inches of the base of the tree. Several structural roots greater than three inches (3") in diameter were cut or damaged.
Additionally, the soil under the root plate on the east side of the tree collapsed during the demolition activities,undermining the root plate.
Surface roots eight to twelve inches (8" -12") from the base of the tree were also damaged by foot traffic or tool storage.
100 East 9th Street- Median Tree 5
Demolition and grading activities resulted in the damage and cutting of roots in all directions around the tree. Many of the damaged and cut roots were within twelve inches of the base of the tree. Several structural roots greater than three inches (3") in diameter were cut or damaged.
Additionally, the soil under the root plate on the east side of the tree collapsed during the demolition activities,undermining the root plate. Additional grading work was planned at the time of the site visit that will further impact roots twelve to eighteen inches (12"- 18") from the base of the tree on south side of the tree.
A trench was cut on the southwest side of the tree starting at a point twelve inches (12") from the base. At least two structural roots greater than three inches (3") in diameter were cut at the end of the trench closest to the tree.
100 East 9th Street- Median Tree 6
Demolition and grading around this tree exposed and damaged roots approximately thirty inches (30") from the base of the tree. None of the roots damaged by this work appeared to be structural roots, most were less than an inch (< 1") in diameter.
5
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com At least one structural root with a diameter of approximately three and a half inches (3.5")was cut approximately fourteen to sixteen inches (14"- 16") from the base of the tree and another potential structural roots greater than two inches (>2") in diameter was cut during approximately twenty-four inches (24") from the base during trenching on the west side of the tree. 200 East 9th Street- Median Tree 3
Roots approximately twenty-four inches (24") from the base of the tree were exposed, damaged, or cut during demolition and grading activities. None of the roots impacted were greater than one inch (>1") in diameter.
At least one root two inches in diameter was cut during trenching on the east side of the tree. The cut occurred approximately thirty-six inches from the base of the tree. 200 East 9th Street- Median Tree 4
Grading and demolition activities resulted in the exposure and damage of structural roots within twelve inches (12") of the base of the tree, with at least three structural roots greater than four inches (4") in diameter being cut.
Additional planned grading work on the northeast side of the tree will likely result in damage to at least two roots greater than two inches (>2") in diameter. 200 East 9th Street- Median Tree 5
Roots greater than two inches (>2") in diameter were damaged and cut within twelve inches (12") of the base of the tree on the southwest and southeast sides of this tree. A structural root with a diameter of three and a half to four inches (3.5"-4") was exposed and damaged on the southeast side as well.
Additional planned grading work will likely damage several roots greater than two inches in diameter(>2") on the south side of the tree as well.
200 East 9th Street- Median Tree 6
Only small roots were exposed or damaged during the demolition and grading work around this tree. At least two roots greater than two inches (>2") in diameter were cut during trenching on the west side of the tree. The cuts were both approximately forty-eight inches (48") from the base of the tree.
6
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Recommendations
Median Trees 4 and 5 in the 100 Block of East 9th Street and Median Trees 4 and 5 in the 200 Block of East 9th Street are unlikely to recover due to the extent of damage to roots greater than two inches (>2") in diameter within twelve to eighteen inches of the bases. These root cuts are also likely to have a significant impact on tree stability. For this reason, all four(4) are Recommended for Removal.
Construction activities will likely have an impact on the health of the remaining trees, but they should recover. Because of the limited damage to structural roots, the trees are not likely to present a significant loss in stability. The following measures should be implemented if the decision is made to retain these trees.
1. Clean cut all roots still connected to the tree root system at the edge of the excavation zone to encourage compartmentalization of the wounds and reduce the likelihood of pathogen infection.
2. Provide supplemental water in the root area to the extent possible. Covering the root area with regular moistened burlap may also help to reduce the impact to the health of the trees.
3. Monitor all remaining trees for at least two years after construction for signs of significant decline. Median Trees 3 and 6 in the 200 Block had upper trunk leans with signs of decay at the bend. The loss of root area and desiccation from root exposure may decrease the ability of these trees to resist further decay. Monitoring efforts for both of these trees should focus on signs of increased decay in the areas near the trunk bend. 7
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Appendix A Site Photos
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Roots cut during trenching on the east side of the tree, roughly 32" from the base of the tree. 10
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 100 Block E. 9th Street—Tree Median-4—Jacaranda (Jacaranda mimosifolia) A a
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 100 Block E. 9th Street—Tree Median-5—Jacaranda (Jacaranda mimosifolia) .
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 100 Block E. 9th Street—Tree Median-6—Jacaranda (Jacaranda mimosifolia)
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Exposed and damaged roots from grading activities approximately 30" from the base of the tree on the north side.
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Roots damaged and exposed by potholing and curb removal approximately 24" from the base of the tree on the south side.
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Roots cut and exposed during trenching activities on the west side of the tree, approximately 12" from the base.
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Roots damaged during removal of curb and pavement around old island planter and grading for installation of new curb on the northwest side.
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Roots cut and damaged on the east side of the tree, approximately 30" from the base of the tree. 23
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Trunk bend with bark damage and possible decay at approximately 6 feet from grade. This condition developed prior to construction activities.
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Missing bark and possible decay in the trunk on the tension side of the trunk lean. This condition developed prior to construction activities.
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Roots exposed and damaged, approximately 36" from the base of the tree, during demolition and grading activities. Additional grading will be conducted to the south of the painted orange line, further exposing and damaging roots.
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Damaged and exposed roots on the north side of the tree. These roots will be further impacted by planned grading activity on the north side of the painted orange line. 26
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Old wound with possible decay on the west side of the trunk. This condition developed prior to construction activities.
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Roots exposed and damaged, approximately 18"—24" from the base of the tree, during demolition and grading activities on the southwest side. Additional grading will be conducted to the south of the painted orange line, further exposing and damaging roots. 28
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Roots exposed and damaged during demolition and grading activities. 30
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Roots damaged and exposed during trenching activities approximately 36" from the base of the tree on the west side.
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Trunk lean with possible decay. This condition developed prior to construction activities. 32
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Appendix B Assumptions and Limiting
Conditions
1. Care has been taken to obtain all information from reliable sources.All data has been verified insofar as possible;however,the Consultant can neither guarantee nor be responsible for the accuracy of information provided by others.Standard of Care has been met with regards to this project within reasonable and normal conditions.
2. The Consultant will not be required to give testimony or to attend court due to this report unless subsequent contractual arrangements are made,including payment of an additional fee for such services as described in the fee schedule and contract of engagement.
3. Loss or alteration of any part of this report invalidates the entire report.
4. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed,without the prior written consent of the Consultant.
5. This report and any values expressed herein represent the opinion of the Consultant,and the Consultant's fee is in no way contingent upon the reporting of a stipulated result,a specified value,the occurrence of a subsequent event,nor upon any finding to be reported.
6. Unless expressed otherwise: 1)information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection;and 2)the inspection is limited to visual examination of accessible items without dissection,excavation,or coring,unless otherwise stated.There is no warranty or guarantee,expressed or implied,that problems or deficiencies of the tree(s)or property in question may not arise in the future.
7. Arborists are tree specialists who use their education,knowledge,training,and experience to examine trees,recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees.It is highly recommended that you follow the arborist recommendations;however,you may choose to accept or disregard the recommendations and/or seek additional advice.
8. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground.Arborists cannot guarantee that a tree will be healthy or safe under all circumstances,or for a specific period.
9. Any recommendations and/or performed treatments (including, but not limited to, pruning or removal) of trees may involve considerations beyond the scope of the arborist's services, such as property boundaries,property ownership, site lines, disputes between neighbors, and any other related issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist can then be expected to consider and reasonably rely on the completeness and accuracy of the information provided.
10. The author has no personal interest or bias with respect to the subject matter of this report or the parties involved. He/she has inspected the subject tree(s)and to the best of their knowledge and belief,all statements and information presented in the report are true and correct.
33
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Appendix C Certificate of Performance
I, Jeff Crain certify that:
• I have personally inspected the trees referred to in this report and have stated my findings accurately. The extent of the assessment is stated in the attached report and the Limits of the Assignment.
• I have no current or prospective interest in the tree or the property that are the subject of this report and have no personal interest or bias with respect to the parties involved. • The analysis, opinions, and conclusions stated herein are my own and are based on current scientific procedures and facts.
• My analysis opinions, and conclusions were developed, and this report has been prepared according to commonly accepted arboricultural practices. • No one provided significant professional assistance to me, except as indicated within the report.
• My compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any subsequent events.
I further certify that I am a member of good standing of the International Society of Arboriculture. I have been involved in the field of municipal arboriculture in a full-time capacity for a period of more than 20 years.
Respectfully,
Jeff Crain
ISA Board Certified Master Arborist#WE-6658B
ISA Qualified Risk Assessor
Plant Health Care Arborist
West Coast Arborists Inc.
34
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 35
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 36