HomeMy WebLinkAbout95-141 - ResolutionsRESOLUTION NO. 95-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE PARCEL MAP NUMBER 14022,
LOCATED AT THE NORTHWEST CORNER OF FOOTHILL
BOULEVARD AND ROCHESTER AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 227-151-18 AND 24
WHEREAS, Tentative Parcel Map Number 14022, submitted by Lewis Development
Co., applicant, for the purpose of subdividing into 12 parcels, the real property situated in the City
of Rancho Cucamonga, County of San Bernardino, State of California, identified as APN 227-151-
18 and 24, located at the northwest corner of Foothill Boulevard and Rochester Avenue; and
WHEREAS, on September 13, and continued to September 27, 1995, the Planning
Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing for the
above described map and recommended the approval of the application by the adoption of
Resolution No. 95-46.
WHEREAS, on October 4, 1995, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing for the above-described map.
NOW, THEREFORE, THE RANCHO CUCAMONGA CITY COUNCIL RESOLVES
AS FOLLOWS:
SECTION 1: That the following findings have been made:
1. That the map is consistent with the General Plan.
That the improvement of the proposed subdivision is consistent
with the General Plan.
3. That the site is physically suitable for the proposed development.
That the proposed subdivision and improvements will not cause
substantial environmental damage or public health problems or
have adverse effects on abutting properties.
SECTION 2: Based upon the facts and information contained in the proposed
Negative Declaration, together with all written and oral reports included for the environmental
assessment for the application, the City Council finds that there is no substantial evidence that the
project will have a significant effect upon the environment and adopts a Negative Declaration based
upon the findings as follows:
Resolution No. 95-141
Page 2
That the Negative Declaration has been prepared in compliance
with the California Environmental Quality Act of 1970, as
amended, and the State CEQA guidelines promulgated
thereunder; that said Negative Declaration and the Initial Study
prepared therefore reflect the independent judgment of the City
Council; and, further, this Commission has reviewed and
considered the information contained in said Negative
Declaration with regard to the application.
That, based upon the changes and alterations which have been
incorporated into the proposed project, no significant adverse
environmental effects will occur.
Pursuant to the provisions of Section 753.5(c) of Title 14 of the
Califomia Code of Regulations, the City Council finds as follows:
In considering the record as a whole, the Initial Study and
Negative Declaration for the project, there is no evidence that
the proposed project will have potential for an adverse impact
upon wildlife resources or the habitat upon which wildlife
depends. Further, based upon substantial evidence contained
in the Negative Declaration, the staff reports and exhibits, and
the information provided to the City Council during the public
hearings the City Council hereby rebuts the presumption of
adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of
the California Code of Regulations.
SECTION 3: Tentative Parcel Map Number 14022 is hereby approved subject to the
attached Standard Conditions and the following Special Conditions:
Engineering Division
Foothill Boulevard shall be constructed as follows, to the
satisfaction of the City Engineer, subject to modification by and
approval of Caltrans, upon development of Parcel 1:
Full improvements on the north side from Rochester
Avenue to Orchard Avenue, including right turn lanes for
Orchard Avenue and all project driveways and a bus bay
at the northwest corner of Foothill Boulevard and
Rochester Avenue.
Do
A landscaped median between Rochester Avenue and
Orchard Avenue with left turn pocket lengths to the
satisfaction of the City Engineer.
Thirty-two feet of pavement on the south side of the
median, transitioning to existing pavement west of the
Orchard Avenue median break.
Resolution No. 95-141
Page 3
Remove, or abandon in place with a slurry fill, the 18-inch
corrugated metal pipe which crosses Foothill Boulevard.
The developer may request a reimbursement agreement
for permanent improvements south of the centerline,
including half of the landscaped median costs, from
future development as it occurs on the south side of the
street. If the developer fails to submit for said
reimbursement agreement within 6 months of the public
improvements being accepted by the City, all rights of
the developer to reimbursement shall terminate.
Construct the main shopping center entry off Foothill Boulevard
upon development of Parcel 1. A street type driveway shall align
with and mirror the width of the future Masi Drive, as currently
designed. Install a traffic signal, which shall be operational prior
to the release of occupancy. The developer may request a
reimbursement agreement for one-half the cost of the signal
from future development as it occurs on the south side of Foothill
Boulevard. If the developer fails to submit for said
reimbursement agreement within 6 months of the public
improvements being accepted by the City, all rights of the
developer to reimbursement shall terminate.
Should the Foothill Boulevard improvements and signal
referenced in Conditions 1 and 2 above be installed by
development to the south, this development shall reimburse its
share of those improvements.
Install Rochester Avenue improvements upon development of
Parcel 1. Provide a pavement transition on the west side of
Rochester Avenue north of Poplar Drive to the satisfaction of the
City Engineer. The bus bay indicated on the site plan shall not
be constructed.
Obstructions such as walls and landscaping, shall be located
such that lines of sight between trucks in the angled service exit
onto Rochester Avenue south of Poplar Drive and Rochester
parkway trail users are maintained, to the satisfaction of the City
Planner and City Engineer.
Modify the existing traffic signal at the intersection of Foothill
Boulevard and Rochester Avenue as needed to the satisfaction
of the City Engineer upon development of Parcel 1.
Resolution No. 95-141
Page 4
10.
11.
12.
13.
14.
15.
Install Poplar Drive, full width except for parkway improvements
on the north side, from Rochester Avenue to the north property
line for Parcel 1, upon development of Parcel 1.
Construction traffic for Parcel one shall take access to the site
from streets other than Rochester Avenue; otherwise, the
Rochester frontage improvements shall be installed prior to the
issuance of permits.
Install a traffic signal at Rochester Avenue and Chervil Street
with development of any parcel beyond Parcel 1, or earlier if
warranted.
Install Orchard Avenue, full width except for off site parkway
improvements, from Foothill Boulevard to Church Street, with
any development in Phase 3 consistent with Conditional Use
Permit 95-11. Install traffic signals at the intersections of Foothill
Boulevard with Orchard Avenue and Milliken Avenue with
Church Street. The developer shall receive credit against, and
reimbursement of costs in excess of, the Transportation
Development Fee for both signals, in conformance with City
policy. If the developer fails to submit for said reimbursement
agreement within 6 months of the public improvements being
accepted by the City, all rights of the developer to
reimbursement shall terminate.
Extend the master plan storm drain in Foothill Boulevard from
Rochester Avenue to west of Orchard Avenue and install a local
storm drain in Orchard Avenue as required by the City Engineer.
Extend the master plan storm drain in Rochester Avenue from
Foothill Boulevard to north of Poplar Drive and install a local
storm drain in Poplar Drive as required by the City Engineer.
Structures within the storm drain easement north of the Foothill
Boulevard right-of-way, like the bus shelter and monument signs,
shall be designed such that concentrated loads are not placed
on the storm drain.
"No Parking/Stopping" shall be posted on all public street
frontages.
The minimum commercial ddve approach width is 35 feet at the
right-of-way (except as approved by Caltrans along Foothill
Boulevard) and the maximum approach radius is 20 feet.
Transitions to lesser widths on site should be smooth and easily
driveable, especially for truck service drives.
Resolution No. 95-141
Page 5
16.
17.
18.
19.
20.
A non-refundable deposit shall be paid to the City, covering the
estimated cost of operating all street lights during the first six
months of operation, prior to building permit issuance or
approval of the Final Parcel Map, whichever occurs first.
An in-lieu fee for one-fourth the cost of constructing special
pavers within the Foothill Boulevard/Rochester Avenue
intersection shall be paid to the City prior to the issuance of
building permits for Phase 1. The fee amount shall be based on
the square footage of the intersection.
Development shall comply with the Terra Vista Park
Implementation Plan.
Parkway landscaping along the Rochester Avenue frontage, and
trail amenities required by the Terra Vista Community Plan
Amendment, shall be compatible with the landscaping theme
developed on the east side of Rochester Avenue, to the
satisfaction of the City Planner and City Engineer.
An in-lieu fee as contribution to the future undergrounding of the
existing overhead utilities (telecommunications and electrical,
except for the 66 KV electrical) on the opposite side of
Rochester Avenue shall be paid to the City prior to the issuance
of building permits. The fee shall be one-half the City adopted
unit amount times the length from the center of Foothill
Boulevard to the center of Poplar Street. Upon completion of the
installation of utility facilities, the developer may submit a request
for a refund of any portion of said in-lieu fee for work performed
which may be attributed to the ultimate undergrounding of
existing overhead facilities on the east side of Rochester
Avenue. The amount of refund shall be reviewed and
determined by the City Engineer.
Building and Safety Division
1. The 60-foot non-buildable easement around the in-line buildings
shall exclude all projections, overhangs, and canopies which
protrude from those buildings.
2. Prior to approval of the final parcel map, the CC&Rs shall
address the following to the satisfaction of the Building Official.
a. The omission of property line wall and opening protection
as required for independent buildings.
Resolution No. 95-141
Page 6
Approval of buildings affected is based upon the
"unlimited area" provisions of the 1991 edition of the
Uniform Building Code.
Easement restricts expansion of the affected structures.
The outer easement line is to be considered a property
line for adjacent buildings.
Easement and CC&R language cannot be changed
without approval of the Building Official.
Planning Division
Approval of Tentative Parcel Map 14022 is granted subject to the
approval of General Plan Amendment 95-01B and Terra Vista
Community Plan Amendment 95-01.
PASSED, APPROVED, AND ADOPTED this 4th day of October, 1995.
Alexander, Biane, Gutierrez, Williams
AYES:
NOES: None
ABSENT: Curatalo
William Jplexandef, Mayor
ATTEST:
Debra J. Adi~rfis, MC C, City Clerk
Resolution No. 95-141
Page 7
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the
City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 4th
day of October, 1995.
Executed this 5th day of October, 1995, at Rancho Cucamonga, California.
'~, City Clerk
Resolution No. 95-141
Page 8
CITY OF RANCHO CUCAMONGA
ST rD CONDmONS OF APPROVAL
TENTATIVE PARCEL MAP NO. ]q02. ~
Those items checked are Conditions of Approval.
A. Dedications and Vehicu!nr Access
Rights-of-way and easements shall be dedicated to the City for all interior public streets, community ~tils,
public paseos, public landscape areas, s~eet trees, and public drainage facilities as shown on the plans
and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails,
etc.) shall be reserved as shown on the plnns and/or tentative map.
2. Dedication shall be made of the following rights-of-way for the perimeter streets (measured fi'om
centerline):. , ,, ~
~ ~ total t~eet on /~*I-...-[e.,t' t$r$~.
"" to,, ~.,o. ~-'----~ ~,--,~ (C-'~ ~',~.- ",' ~'~
3. An irrevocable offer of dedication for roadway purposes shall be made for the private streets.
Comer property line cutoffs shall be dedicated per City Standards.
5. Vehicular access rights shall be dedicated to the City for the following streets, except for approved
openings:
Reciprocal access easements ensuring access to ..~parcels shall be recorded prior to or concurrent with
the final parcel map.
Reciprocal paticing agreements for all parcels and maintenance agreements ensuring joint maintenance
of all common roads, drives, or parking areas shall be provided by C C & R's or deeds and shall be
recorded prior to or concurrent with the final parcel map.
All existing easements lying within future right-of-way are to be quitclaimed or delineated on the f'mal
parcel map per the City Engineer's requirements.
Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be
dedicated to the City.
Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the
final parcel map.
Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 feet
measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, a parallel
street tree easement shall be provided.
Resolution No. 95-141
Page 9
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12.
The developer shall make a good faith effort to acquire the required off-site property interests necessary
to consm~ct the required public improvements and, if he/she should fail to do so, the developer shall at
least 120 days prior to submittal of the final parcel map for approval, enter into an agreement to complete
the improvements pursuant to Government Code Section 66462 at such time as the City acquires the
property interests required for the improvements. Such agreement shall provide for payment by the
developer of all costs incurred by the City to acquire the off-site property interests required in connection
with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the
amount given in an appraisal report obtained by the developer, at developer's cost. The appraiser shall
have been approved by the City prior to commencement of the appraisal. This condition applies in
particular, but not limited, to:
StFeet In~pFovementq
All public improvements, (interior streets, drainage facilities, community ~=ails, paseos, landscaped areas,
etc. ) shown on the plans and/or tentative map shall be consn'ucted to City Standards. Interior street
improvements shall include, but are not limited to, curb and ~utter, AC pavement, drive approaches,
sidewalks, street lights, and street trees.
2. A minimum, of 26-foot wide pavement within a 40- foot wide dedicated right-of-way shall be consuucted
for all half-section streets.
3. Consm~ct the following missing perimeter street improvements including, but not limited to:
Street Name
Curb AC Side- Drive Sleet Street Comm. Median Bike
& Pvmt walk Appr. Lighls Trees Trail island Trail
Not~s: (a) Median Island includes landscaping and irrigation on meter. Co) Pavement construction and overlays will be
det~,nnined during plan ~ (c) Is so marked, sidewalk will be curvilinear per STD. #114. (d) If so marked, an in-lieu
of conslruction f~e shall be provided for this item.
2
Resolution No. 95-141
Page 10
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4. Improvement Plans and Construction:
a. Street improvement plans including street trees and street lights, prepared by a registered Civil
Engineer, shall be submitted to and approved by the City Engineer.
b. Prior to any work being performed in the public right-of-way, fees shall be paid and a consuuction
permit shall be obtained fi'om the City Engineet's office in addition to any other permits required.
c. Pavement striping, marking, traffic, street name signing, and interconnect conduit shall be installed to
the satisfaction of the City Engineer.
d. Signal conduit with pull boxes shall be installed on any new construction or reconstruction of major,
secondary or collector streets for future signals. Pull boxes shall be placed on both sides of the street at
3 feet outside ofBCR, ECR or any other locations approved by the City Engineer.
Not~: (I) All pull boxes shall be No. 6 unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch galvanized
stcgi with pulirol~.
e. Handicapped access ramps shall be installed on all comers of intersections per City Standards or as
directed by the City Engineer.
f. Existing City roads requiring construction shall remain open to tra~c at all times with adequate demurs
during construction. A sl~,et closure permit may be required. A cash deposit shall be provided to cover
the cost of grading and paving, which shall be refunded upon completion of the consmiction to the
satisfaction of the City Engineer.
g. Concenwated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City
Standards, except for single family lots.
h. Street names shall be approved by the City Planner prior to submittal for first plan check.
5. Street improvement plans per City Standards for all private streets shall be provided for review and
approval by the City Engineer. Prior to any work being performed on the private streets, fees shall be paid and
construction permits shall be obtained f~m the City Engineer's office in addition to any other permits required.
6. Street trees, a minimum of 15 - gallon size or larger shall be installed per City Standards in accordance
with the City*s street tree proszam.
7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger street, lines of sight shall be plotted for all project intersections, including
driveways.
8. A Permit shall be obtained from CALTRANS for any work within the follow/ng right-of-way.
9. All public improvements on the following streets shall be operationally complete prior to the issuance of
building permits.
Resolution No. 95-141
Page 11
C. Public Maintenance Areas
1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submi~ed
to the City Engineer for review and approval prior to ~'mal parcel map approval. The following landscaped
parkways, medians, paseos, easements, ~xails, or other areas shall be annexed into the Landscape Maintenance
2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts
shall be filed with the City Engineer prior to final parcel map approval. Formation costs shall be borne by the
developer.
3. All required public landscaping and irrigation systems shall be continuously maintained by the developer
until accepted by the City.
4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification
Master Plan: ~:~t:)~ .~t~'~'~.
D. Drainage and Flood Control
1. The project (or portions thereof) is located within a Flood Ha-ard Zone; therefore, flood protection
measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer.
2. It shall be the developees responsibility to have the current FIRM Zone designation removed from
the project area. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic
calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA, prior to
occupancy or improvement ag. ceptance, whichever occurs first.
3. A final drainage study shall be submitted to and approved by the City Engineer prior to final parcel
map approval. All drainage facilities shall be installed as required by the City Engineer.
4. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property
from adjacent areas.
5. A permit from the San Bernardino County Flood Control District is required for work within it's right-of-
way.
6. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
7. Public storm drain easements shall be graded to convey overflows in the event of blockage in a sump
condition.
4
Resolution No. 95-141
Page 12
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E. Improvement Conlpletion
1. If the required public improvements are not completed prior to approval of the final p~trcel map, an
improvement security accompanied by an agreement executed by the Developer and the City will be required
2. If the required public improvements are not completed prior to approval of the final parcel map, an
improvement certificate shall be placed upon the Final Map, stating that they will be completed upon
development for: -
Fe
Utiliti~
1. Provide separate utility services to each parcel including sanita~ sewerage system, water, gas, electrical
power, telephone and cable TV (all underground) in accordance with the Utility Standards. Easements shall
be provided as required.
2. Water and sewer plans shall be designed and constructed to meet requirements of the Cucamonga County
Water District (CCWD), Rancho Cucamonga Fire Protection DisUict, and the Environmental Health
Department of the County of San Bernardino.
3. Approvals have not been secured from all utilities and other interested agencies involved. Approval of
the final parcel map will be subject to any requirements that may be received from them.
4. The developer shall be responsible for the relocation of existing utilities as necessary.
G. General Requirement, and ADprovatq
..~ ' !. The tentative map approval is valid for the 24 month period following the approval d_~t_e. Time extensions
may be granted by the PlanningCommission, if requested prior to the expiration date.
v/' 2. Final grading plans for each parcel shall be as required by the Building and Safety Division prior to
issuance of grading permits.
3. A copy of the Covenants, Conditions, and Restrictions (C C & R's) approved by the City Attorney is
required prior to approval of the final parcel map.
4. An easement for a joint use driveway shall be provided prior to final parcel map approval for:
5. Prior to approval of the final parcel map a deposit shall be posted with the City covering the estimated c°st
of apportioning the assessments under Assessment District . among the newly created parcels.
6. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new
street lights for the first 6 months of operation, prior to final parcel map approval.
Resolution No. 95-141
Page 13
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7. Prior to f'malization of any development phase, sufficient improvement plans Shall be completed beyond
the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer.
Phase boundaries shall correspond to lot lines shown on the approved tentative map.
8. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall
be paid prior to final parcel map approval.
9. .Permits shall be obtained from the following agencies for work within their right-of-way.
10. A signed consent and waiver form to join and/or form the Law Enforcement Community Facilities District
shall be filed with the City Engineer prior to final parcel map approval. Formation costs shall be borne by the
developer.
1 !. Prior to recordation of the trmal parcel map, the applicant shall consent to, or participate in, the
establishment oft Mello-Roos Community Facilities Dislrict for the consU'uction and maintenance of necessary
school facilities. However, if any school district has previously established such a Community Facilities
District, the applicant shall, in the alternative, consent to the annexation of the project site into the territory of
such existing district prior to the recordation of the final parcel map. Further, if the affected school district has
not formed a Me!lo-Roos Community Facilities District within twelve months from the date of approval of
the project and prior to the recordation of the final parcel map for said project, this condition shall be deemed
null and void.
This condition shall be waived if the City receives notice that the applicant and all affected school districts have
entered into an agreement to privately accommodate any and all school impacts as a result of this project.
12. Mello Roos Community Facilities Dislzict requirements for the Rancho Cucamonga Fire Protection District
shall apply to this project.
13. Pursuant to provisions of California Resources Code Section 21089(b), this application shall not be
operative, vested or final, nor will building permits be issued or a map recorded, until (1) the Notice of
Determination (NOD) regarding the associated environmental action in filed and posted withClerk. of the Board
of Supervisors of the County of San Bernardino; and (2) any and all required handling charges, are paid to the
County Clerk of the County of San Bernardino. The applicant shall provide the Engineering Department with
a stamped and copy of the NOD together with a receipt showing that all fees have been paid.
In the event this application is determined exempt from such filing fees pursuant to the provision of
the California Code, or the guidelines promulgated thereunder, except for payment of any required handling
charge for filing a Certificate of Fee Exemption, this condition shall be deemed null and void.
Rev. 8/!/95 6