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HomeMy WebLinkAbout91-353 - Resolutions RESOLtTi~ONNO. 91-353 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN(~O CtX/AMONGA, CALIFORNIA, MODIFYING ~O CDNDITIONS OF APPROVAL FOR DEVELO~ REVI~ 89-15 FOR ~ RETATT. BUTTDINGS TfT'P_~T,TNG 14,800 SQUARE FEET WITHIN THE HAV~ OF HAVf~ AND HIGHLAND AV~FGES IN THE NEIGHBORHOOD THERfDF - APN: 201-271-65 AND 71 A. Recitals. (i) Diversified Properties ba~ filed an application for the approval of Development Review No. 89-15 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Develc~ment Review request is referred to as "the application." (ii) On June 26, 1991, the Planning C~m~Hssion of the City of Rancho Cucamonga oonducted a duly noticed public hearing on the application and following the conclusion of said hearing adopted their R~solution No. 91-78 thereby approving the application. (iii) The applicant filed a timely appeal of the approval represent- ed in said Resolution No. 91-78 on the basis of the requirement that existing overhead utilities be undergrounded on the Caltrans right-of-way adjacent to the project site. (iv) On Novel, her 20, 1991, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the appeal of the application and, on said date concluded the public hearing. (v) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follcT~s: 1. ~]~is Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Council hereby finds and certifies that the project ba.~ been reviewed and considered in c~liance with the California Environmental Quality Act of 1970 and concurs with the issuance of the Negative Declaration issued on June 26, 1991. 3. Based upon substantial evidence presented to this Council during the above-referenced November 20, 1991, hearing, including written staff reports, the minutes of the above-referenced June 26, 1991, Planning C~t~L.~ssion meeting, public testimony, and the contents of Planning C~m,,~ssion Resolution No. 91-78, this council specifically finds as follows: Resolution No. 91-353 Page 2 (a) The application applies to property located at the north- east corner of Haven and Highland Avenues with a street frontage of 830 feet and lot depth of 445 feet and is presently improved with a 91,191 square foot (b) The property to the north of the subject site is single family homes, the property to the south of that site is vacant, the property to the east is apartments, and the property to the west is partially vacant (c) The application contemplates the development of two retail buildings totalling 14,800 schlage feet within the Haven Village Shopping (d) The requirements of Planning C~m~,~ssion Resolution No. 91-78, remain to be important and necessary to the development of the property, except for the following modifications: (1) Engineering Condition number 4 shall be revised to allow payment of a fee in-lieu of undergr~ utilities across the freeway right-of-way on Haven Avenue; and (2) Engineering Condition number 5 shall be revised to allow the developer to bond for the future undergrc~nding of Highland Avenue utilities within the freeway right-of-way instead of paying an in-lieu fee. (e) The development as specified will not contradict the goals or objectives of the General Plan or Development Code of the City of Rancho Cucamonga and would not promote a detrimental condition to the persons or properties in the immediate vicinity of the subject site. 4. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1, 2 and 3 above, this Council hereby finds and concludes as follows: (a) The application is consistent with the General Plan, and Development Code of the City of Rancho Cucamonga; and (b) The design or improvements of the application is consistent with the General Plan and Development Code of the City of Rancho Cucamonga; (c) The subject site is physically suitable for the type of development proposed; and (d) The design of the proposed development is not likely to cause substantial environmental damage or avoidable injury to humans or wildlife or their b~bitat; and Resolution No. 91-353 Page 3 (e) The development is not likely to cause serious health problems; and (f) The design of the development will not oonflict with any easement acquired by the public at large, now of reoord, for access through or use of the property within the proposed develog~ent. 5. Based upon the findings and conclusions set forth in paragrat~hs 1, 2, 3, and 4 above, this Council hereby approves the application subject to all of the conditions set forth in Planning C~mission Resolution No. 91-78 (a copy of which is attached hereto and marked as Exhibit "1") except for the follc~ing modifications: (a) Engir~_ring Division Condition Number 4 shall be revised to read as foll~s: "An in-lieu fee as contribution to the future under- grounding of the existing overhead utilities (tele- c~m,,onication and electrical) on the project side of Haven Avenue shall be paid to the City prior to the issuance of building permits. The fee shall be one- half the City's adopted unit amount times the length frc~ the center of the Route 30 Freeway right-of-way to the norther~.~st pole north of Highland Avenue (200+ feet) ." (b) Engineering Division Condition number 5 shall be revised to read as follows: "The developer shall enter into an agreement and provide a security for one-half the cost of the future undergrounding of the existing overhead utilities (telec~,~%m~zication and electrical) on the project side of Highland Avenue, based on the length frc~ the center of Haven Avenue to the east project boundary, until such time as it can be determined that Caltrans will underground those lines at their own expense with the construction of the Route 30 Freeway. 6. R~_is Council hereby provides notice to Diversified Shopping Centers that the time within which judicial review of the decision represented by the Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by Certified Mail, Return Receipt Requested, to Diversified Shopping Centers at their addresses as per City Records. Resolution No. 91-353 Page 4 PASSFD, APP--, and ADOPTED this 20th day of November, 1991. AYES: Alexander, Buquet, Stout, Williams, Wright NO ES: None ABS~T: None ~$~nis L. Stout, Mayor [~_6ra-J. ~, City clerk I, DEBRA J. ADAMS, CITY cLFRK 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 2Oth day of November, 1991. Executed this 21st day of November, 1991 at Rancho Cucamonga, California. 'D~bra J. Ad~, City Clerk Resolution No. 91-353 EXHIBIT "1" Page 5 RESOLUTION NO. 91-78 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO cUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 89-15 FOR TWO RETAIL BUILDINGS TOTALING 14,800 SQUARE FEET WITHIN THE HAVEN VILLAGE SHOPPING CENTER LOCATED AT THE NORTHEAST CORNER OF HAVEN AND HIGHLAND AVENUES IN THE NEIGHBORNOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-271-65 AND 71 A. Recitals. (i) Diversified Properties has filed an application for the approval of Development Review No. 89-15 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." (ii) On the of 26th of June 1991, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. (iii) All legal prerequisites prior to the adoption of.this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the.City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission durinq the above-referenced meeting on June 26, 1991, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The application applies to property located at the northeast corner of Haven and Highland Avenues with a street frontage of 830 feet and lot depth of 445 feet and is presently improved with a 91,191 square foot shopping center; and (b) The property to the north of the subject site is single family homes, the property to the south of that site is vacant, the property to the east is apartments, and the property to the west is partially vacant with existing condominiums; and (c) The proposed Detailed Site Plan and Elevations comply with the Master Plan and architectural theme established for this center. 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon =he specific findings of facts se= forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: Resolution No. 91-353 Page 6 (a) _That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed use is in accord with the objectives of the Development Code and the. purposes of the district in which the site is located; and (c) That the proposed use is in compliance with each of the applicable provisions of the Development Code; and (d) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions, attached hereto and incorporated herein by this reference. Planninq Division: 1) Ail future signs shall conform to the uniform sign program as established in the Haven Village Shopping Center. The uniform sign program for the existing center shall be amended to include Phase III improvements, and shall be consistent with the established sign program for the center. 2) The site shall be developed and maintained in accordance with the approved Site Plans (which includes .architectural elevations, exterior materials and colors, landscaping, and grading) on file with the Planning Division, the conditions contained herein, and Development Code regulations. 3)Graffiti shall be removed within seventy-two hours. 4) The entire site shall be kept free of trash and debris at all times, and in no event shall trash and debris remain for more than twenty-four hours. Resolution No. 91-353 Page 7 5) _There shall be provisions for the following ~ design features in the trash enclosure to the satisfaction of the City Planner: a) Architecturally integrated into the design of the shopping center. b) Separate pedestrian access that does not require opening the main doors to include self-closing pedestrian door. c) Large enough to accommodate two trash bins. d) Roll-up doors. e) Trash bins with counterweighted lids. f) Architecturally treated overhead shade trellis. g) Chain link screen on top to prevent trash from blowing out of enclosure and designed to be hidden from view. 6) Trash collection shall occur between the hours of 9:00 a.m. and 10:00 p.m. only. Ail operations and businesses shall be conducted to comply with the following standards, which shall be incorporated into the lease agreement of all tenants: a) Noise levels. All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dBA during the hours of 10:00 p.m. to 7:00 a.m. and 65 dBA during the hours of 7:00 a.m. to 10:00 p.m. b) Loading the Unloading. No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m., unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. Resolution No. 91-353 Page 8 .c) Any outdoor vending machines shall be recessed into building faces and shall not extend out into the pedestrian walkways. The design details shall be reviewed and approved by the City Planner. Enqineerinq Division: 1) Construct the Haven Avenue median south of the southerly driveway no further than Highland Avenue. The developer shall be eligible for reimbursement of one-half the cost of construction from future development on the west side of Haven Avenue. In the event that construction of this portion of the median becomes a City project, the developer shall participate in funding one-half the project cost. 2) Complete street improvements on the east side of Haven Avenue from the project's south boundary to Highland Avenue, including curbs, gutter, street lights, AC pavement, and curb-adjacent sidewalk. 3) Reconstruct the southerly drive approach on Haven ~venue to the satisfaction of the City Engineer. 4) The existing overhead utilities (telecommunications and electrical) on the project side of Haven Avenue shall be undergrounded from the existing terminus south of the southerly driveway to the first pole south of the Caltrans right-of-way for the Route 30 Freeway prior to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City's adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street and south of Route 30. Services crossing Haven Avenue shal~ be placed underground at the same time as the main line. If the developer can obtain, prior to the issuance Of building permits, assurance from Caltrans that the utilities will be undergrounded by and at Caltrans' expense upon construction of the freeway, this requirement will be waived. Resolution No. 91-353 Page 9 5) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunication and electrical) on the project side of Highland Avenue shall be paid to the City prior to the issuance of building permits. The fee shall be one-half the City's adopted unit amount times the length from the center of Haven Avenue to the east project boundary. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF JUNE 1991. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ATTEST La: ~an~ I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of =he City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 26th day of June 1991, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: VALLETTE ABSENT: COMMISSIONERS: CHITIEA Resolution No. 91-353 Page 10 DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS SUBJECT: APPLICANT: ~ . LOCATION: Those items checked are Conclitions of AM:~mval. APPLICANT SHALL CONTACT THE PLANNING DNISION, (714) 9~,18~1, FOR COMPUANCE WITH THE FOLLOWING CONDmONS: A. Tlme. Limlte ~ 1. ADDroval shall exDim, unless extencled by the Planning Commission, if building permits are not issued or aDIorovecl use has not commenced witl~n 24 months from the clate of approval. 2. Oevelogment/Oesign Review shall be al:q~ovecl ~ to ! / , 3. AM;~oval of Tentative Tract No. is granted subject to the N:qXoval of 4. The developer shell comatence, pertictl~ate In, and conm,,'rtmate or causs to be commenced, Darticil:~atecl in, or consurmvtated, a blello-Roos ~rtlty Facil~ie~ District (CFD) for the Rancho Cucamonga Fire ProtecOon District to finance construction and/or maintenance of a fire station to serve the clevelo~. The statto~ shall be located, designed, ancl built to all specilication~ of the ~ Cucamonga Fire Protection District, ~ si'tall become the District's ;xc~erty u;on coral=teflon. The equiprnem ~ be sslect~ by the District in accordanc~ wilh its I'~lldi In any building of a station, the developer shall comDly with ail aDl~ical:ge laws ancl regulatiot~. The CFD shell be formed by the District artct t~e deveiol~r ~ tl~ time recoaMtion of the tirtal ~ occurt. 5, Prior lo recorclation of the final mad or the issuance of buiicltng permits, wt'ticttever comes firs1, tt~e alN:gic~nt shell cort~flt to, or I:~rtiCil~l iff, the eatal~ of a Mello-Roos Commune/Facilllie~ District lot the coat,ion and n~ of necem~y school facilities. However, if any scttool district has previously e~ta/~lslled suctl a community Facilities District, the al:q:)ac~ shell, in the alternative, con~ent to the annexation of the project site into the territory of such existing District ~ to the recon:lation of the final mad or the issuance o! building permits, wfltchev~ come~ first. Further, if the affected School clist ricl has not forme¢l a MelIo-Roos Community Facilities District within twelve months from the date of al:~r~val of the project and prior to the recordation of the final mad or issuance of buiicting perrrtts for saEI I;~O~Ct, this cor~ition shell be deemed null anti void. SC -2/91 t o[12 Resolution No. 91-353 Page 11 This condition shall be waived if the C~ receives notice that the applicant and all affec~ect scl'K)ol districts have enterecl into an agreement to I~rNately accommodate any and all scl~ool impacts as a result of this project. 6. Prior to recordation of the final map or prior to issuance o! building permits when no mai:) is / / involvecl, written certification from the affected water clistrict that a~tequate sewer and water facilities are or will be availaDle to serve the proposed project shall be suDmitted lo the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to linal map approval in the case of sul~ivision or prior to issuance of permits in the case of all other residential projects. S. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which / / include site plans, architectural elevations, exterior materials and colom, landscaping, sign program, and grading on file in tl~e Planning Division, the conditions containecl herein, Development Code regulations, ~ 2. Prior to any use of the project site or business activity being commenced thereon, all / / Conditions of Approval shall be completed to the satisfaction o! the City Planner. ~ 3. Occupancy of the facility shall not commence until such time as all Uniform Building Code and / . / State Fire Marshall's regulations have been complied with. Phor to occupancy, plans shall be suOmitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building si'tall be inspected for compliance prior to 4. Revised site plans and building elevations incorporatirtg all Conditions of Approval shall be / / sul:)mitled for City Planner review and approval prior to issuance of building permits. 5. All site, grading, landscape, irrigation, and street iml:)mvement plans shall be coordinated tot / consistency prior to issuance pi any permits (suctt as grading, tree removal, encroachment, building, etc.), or prfor to final rna~ approval in the case pi a custom lot subclivision, or approvecl use has commenced, whichever corne~ tii,M. 6. APl:)mval of this request shall not waive compliance with all sactione of the Development / Code, all other appiicat)le Clly On:linances, and ap~ Commun#y Plane or Specific Plans in effect at the time of Building Permil issuance. 7. A detailed on-site Iigt'~tng plan shall Ix reviewed and N:q;x~ved by the City Planner and ---/ / Sheriff's Department (989-6~11 ) phor to the issuance ol building perm.. Such plan shall indicate style, illumination, location, heig~, and methocl o! shletcling so a~ not to adversely affect edjacenl pmlx~. 8. If no centralized trash receplacie$ are provided, ali trastt pick-up shall be for individual units / with all recepl~s ~ielcled Imm pul:)#c view. 9. Trash receptacle(s) am required and shall meM Cily standardl. The final design, locations, / / and the nurnlxr of trash receplacles shall be sut:)~cl to Ci~ Plartrtir review and al:)Pmval prior to issuance of building permits. / 10. All ground-mounted utility appurtenances such as translormers, AC condensers, etc., shall /--/- be located out of public view and adequately screened through the use of a comi~ination o! concrete or masonry walls, berming, anct/or landscaping lo the satisfaclion o! the Cit' Planner. Resolution No. 91-353 Page 12 11.Street names shall be submitted for City Planner review and approval in accordance wrth the adopted Street Naming Policy prior to al~roval of the final map. 12. All buildincj numbers and individual units shall be identified in a clear and concise manner, / / including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and __/__/ weed control, in accorclance with City Master Trail drawings, shall be submitted for City Planner review and al:~roval prior to apl:,'oval and recordation of the Final Tract Map and prior to alAoroval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14. The Covenants, Conclitlons and Restrictions (CC&Rs) shall not I~"ohibit the kee~ing of e~uine / / animals where zoning requirements for the keeling of said animals have been met. Individual lot owners in sul:xJivisions shall have the ol:~ion ol keeping said animals without the necessity of alAoealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, conditions, and Restrictions (CC&Rs) and Articles of Incorl:x~ration ol the / / Homeowners' Association are su~eot to the al~:~'oval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whicttever occurs first. A recorded co;y shall be provided to the City Engineer. 16, AIIparkways, open areas, and landscaping shall be permanently rnaintained by the property / / owner, homeowners' association, of other means aGe, talkie to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and aPl:~roval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the ~rl~oss of assuming that each lot of / dwelling unit shall have the right to receive sunlight across adi~cant lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the sul:x:livision which shall be mc:on:led concurrently with the recorclatlon of the final ma,o or issuance of permits, whichever comes first. The easements shall I:xohibit the casting of shadows by vegetation, structures, fixtufN or ally Ot~f ot}j~ot, ex~ for utility wires and similar ~s, I:XJrsuant to Develol~nt Code Sectton 17.08.060-G.2. 18. The project contains a designated Historical Landmark. The site shall be developed and / maintained in accordance with the Historic Landmark Alteration Permit No. · Any further rnccliticatione to the site including, ~ nol limited to, exterior alterations and/or intenor aiteratlon~ wflich affect the exterior of the buildings or structures, removal of landmark trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site, shall require a moclification to the Historic Landmark Alteration Permit subject to Historic Preservation ConvniSSiOfl review and al:~;:~vaJ. C. Bullcllng Design 1. An alternative energy system m required to provide domestic hot water for all dwelling units / and for heating any swimming ~ or sOa, unless other alternative energy systems are demonstrated to be of equivaienl ca,oacity and elliciancy. All swimming I:~Ols installed at the time of initial develol:~ter~ shall be sul:q:~emented wi~ solar heating. Details shall included in the building I:~ne am] shall be sul:~mitted for City Planner review and a;~l~'oval prior to the issuance of I~uilding permits. 2. All dwellings shall have the front, side and rear elevations upgraded with architectural i ___ treatment, cletailing and increased delineation of sudace treatment su~ect to City Planner review and aplDroval prior to issuance of I:xjilding permits. Resolution No. 91-353 Page 13 3. Slandan:l patio cover plans for use by the Homeowners' ASsociation shall be submmed for ___/ City Planner and Building Official review and approval prior to issuance of building permrts. V//~'4. All roof appurtenances, including air conclitldners and other roof mounted equipment and/or __/ / projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required 13y the Planning' Divisx)n. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular Acc, ell (Indicate detalia on 13ullding plans) ~,/~1. All parking lot landscape islands shall have a minintJm outside dimension of 6 feet and shall .__/ / contain a 12-inch walk adjacent to the parking stall (including curb). /2. Textured pedestrian pathways and textured pavement across circulation aisles shall be / provided throughout the development ~. ;,:.:.az ~ _-";~ I~.-.;;',,, ,;~-u,,,;;,.;i, ,,,,m ,,i,;, ,,,t~,, ~P.--~; :.J pL33,- :.':';;;; ;:;,,, ,,,i v''/' 3. All parking spaces shall be double striped per City standards and all driveway aisles, / / entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers if driveways are less than 18 feet in / / depth from back of sidewalk. 5. The Covenants, Condtttone and RestTictions shatl restdct tile storage of recreational yehicles / / on this site unless they' are the p~incipal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 6. Plans for any security gates shall be submitted for the City Planner, Cily Engineer, and / / Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. E. Land~..aplng (fo~' publicly mllfltllned II~lcepe areal, mtso' te Section N.) ~ 1. A delailed landscape and irrigation plan, including sk:q3e planting and model home landscap- / / lng in the case of resldantlal developmenl, shill be prepared by a lioensod architecl and submitted lot Cly Planner review and approval pdorto the i&~4jance of building permits or prior final map alCq3mvel in the case ota custom ~ sulcx:livislon. 2. Ex isting trees mqulred to be i:x'ellfved in place shall be protected will1 a conetruction barrier / in accl3rclance w#fl tile Municipal Code Secltof119.0~. 110, and so noted on the grading plans. The location of tfloll tree~ te be prellrved in place and new Iocation~ for transplanted trees shall be s~own off the detailed landecape plane. The al3pliCafll sllall follow all of the mrist's recommendalone regarcflng presep/ation, transplanting and trimming methods. 3. A minimumof trees per grou acAi, comprtl~l of tf~e following sizes, sha# be provided / within the pmjecl: % - 48. inch box or larger, % - 36. incfl box or langer, ~ %- 24. inch box or larger, ~ % - 15-gallon, and ~ % - 5 gallon. k"'~ 4. A minimum of f~i~ % of trees planted within the project shall be specimen size trees- / 24-incfl box or larger. V//'5. WTthin parking lots, trees shall be planted at a rate of one 1S-gallon tree for every three __ parking stalls, sufficient to ~ede 50% of the parking area at solar noon on August 21. Resolution No. 91-353 Page 14 / V/ 6. Trees shall be planted in areas of I~ublic view adjacent to and along structures at a rate of oae c tree per 30 linear feet of building. /.--/ '7. AIIprtvateslopebanksSfeetorlessinverticalheightandof5:l orgreaterslope, butlesstl~an / 2:1 slope, shall be, at minimum, irngated and landscaped with appropriate ground cover for erosion control. Slope.planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 8. AII private slopes in excess of S feet but less than S feet inverticalheigl~andof2:lorgreater / / slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. It. o! slope area, 1 -gallon or larger size shnJb per each 100 sq. It, of slope area, and approp~ate ground cover. In acldition, slope banks in excess of 8 feet in vertical heig~ and of 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. tr. of slope area. Trees and shrubs shall be plamed in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer pnor to occupancy. 9. For single family residential development, all slope planting and in'igation shall be continu- __J / ously mainlalned in a healtm/and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing o(x:ul3ancy for those units, an inspection shall be conducted by the Planning Division to deternine trial they are in satisfactory 10. For multi-family residential and non-residential development, property owners are respon- / sible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landecaped areas shall be kept free from weeds and debris and maintained in a heall~ and tm'iving condition, and shall receive regular pruning, fertilizing, mowing, and trimming, Any damage<l, deal, diseased, or decaying plant material shall be re )lacal within 30 days from the date of damage. 1 1. Front yard landscal3ing shall be required per the Develol3ment Code and/or __/ · This requirement shall be in addition to the required street trees and slol3e planting. 12. The final design of the perimeter pari<ways, wails, iarx:lscal31ng, and sidewaJks shall be / included in the requiral ~ pllna an~ Nlall be ~ to Cay Pllrmer review and al3t:)mval and coon:linatal for consistency with any parkway iandecal)ing pain which may be required by the Engir~ring Divi~idn. 1 3. Special iandscape feeluras such as mounding, alluvial rock, ~pectmen size trees, meander- / ing sidewal~ (with horizontal change), and Inlenslllal iancl~al3a~, i~ requital along v~14. LandsC, al31ng and irflgation lysteme required to be inatallalwithin the publlc rigN-of-way on / tl~e perimeter ot thll 13reject area shall be continuously malntalnal by the daveloper. 15. All wails shall be 13rovlded withdecoraflve treatment. If Iocatal in 13ul3llc maintenance areas / me design shaJl be coorc#natal with the Engineering 1 6. Tree maintenance criteria shall be devekN3e4 anti sutlm#tal for Cay Plallnlr review and a;xxoval Ixidr to i~4j~ of building permils. The~4 criteria shall encourage the natural growth ct~aractedsfic~ of the selected tree speciee. 17. Landsca,oing and irrigation sttall be designed to conserve water through the princil31es of ---/-- xenscal3e as c]efine~ in Chal31er 19.16 o! the Rancllo Cucamonga Municil3al Cocle. Resolution No. 91-353 Page 15 F. Signs V//"I. The signs indicated on tl~e sul:)mitted plans are conceptual only ancl not a l~art of thisal:x3roval. ----/ / Any signs prol:x)sed for tiros development shall cor~ly with tl~e Sign Ordinance an<:] shall require separate al:~lication and approval by the Planning Division prior to installation of any signs. 2. A Uniform Si~n Program for this development shall be submitted for City Planner review and / / al:~roval prior to issuance of building permits. 3. Directory monument sign(s) shall be providecl for apartment, conclorninium, or townhomes / / prior to occupancy and shall require separate al:q31ication and aPl3roval by the Planning Division prior to issuance of 13uilding permits. G. Envlronm®ntal 1. The developer shall provide each prospective I:~Jyer written notice of the Fourth Street Rock .~/ Crusher project in a standarcl format as determined by the City Planner, prior to accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice el the City Adopted / / Special Studies Zone for the Red Hill Fault, in a standard format u determined by the City Planner, prior to accepting a casi't deposit on any property. 3. The develo~r shall provide each prospective I~uyer written notice of the Foothill Freeway /. / project in a standard format as determine<l by the C~/Planner, prtor to accepting a cash deposit on any property. 4. A final acoustical report shall be submitted for City Planner review and al~val prior to the / / issuance of building permits. The final relx)rt shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if al:~ate, verify the eclequacy of the mitigation measures. The building plans will be c~eckecl for conformance with the mitigation measures confait~KI in the final ref)ort. H. Other Agenclea 1. Emergency secondary acces~ she# be pmvide<l in accordm'tce with Rancho Cucamonga Fire / Protection District Slancl~rd~. 2. Emergency access shall be l;Xovk:lecl, malntenancelreean(tclear, a minfmumof26feetwide / / at all times during coftat:n,~ctiof't in a(=cordance will't Ranct~o Cucamonga Fire Protection District requirements. 3. Prior to tMuance of I:~uilding permits for corrd3ustibil constn~n, evidence shall be ~ / sul:)m~ecl to the Rancho Cucamottga Fire Protection District tl'~t teml:~'ary water SUl~ lot fire protection ls avallal31e, pen;ling completion of require<:l lire protection system. 4. The al:~icanf shall comact tile U. S. Po~al Service to clelermine the N~ate type and ~__/__ location of mail boxes. Multi-family residenftal developments sttall provide a sollcl ovemeacl structure for mail boxes wltfl a(:lequate llgllUng. The filial location of the mail boxes and the design of the overt'teed structure sftall be sul~ect to C#y Planner review ancl apt3roval pdor to the issuance of I~uilding permits. 5. For I:)rojects using seplic tank facilities, written certification of acceptability, including all SUl:q:x)rtive information, shall be ol:Xained from the San Bemardino Co~nfy Department of Environmental Healtl't anti sul3mitta<l to the Building Official prior to the issuance of Septic Tank Permits, ancl pr~Or to issuance of bulk:ling permits. Resolution No. 91-353 Page 16 APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-18~3, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: h Site ,~,~aiopment I,/ 1. The applicant shall comply witl~ the latest adopted Uniform Building Code, Uniform Mechani- / / cai Code, Uniform PlumDing Cools, National Electric Co~e, and all other applical31e cocles, ordinances, and regulations in effect at ti'ts time ot issuance of reiatNe permits. Please contact tt~e Building and SafeP/ Division for copies ol the Code AdOl~ion Ordinance and applicaDle I~andouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition ---/ to existing unit(s), the applicant shall pay clevelopment fees at the estat31isl~ecl rate. S~ct~ fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, ancl Sctx3ol Fees. ~"//3. Prior to issuance of building permits for a new commercial or industrial deveio~nt or / / addition to an existing development, the aPl~icant shall pay development tees at the estaDlishecl rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, Scl~ooi Fees, Permit and Plan Chectdng Fees. V// 4. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prior to issuance of building permits. J. Existing Structural 1. Provide compliance with the Uniform Building Code for the property line clearances / / considering use, area, and fire-~esistiveness of existing buildings. 2. Existing buildings shall be mede to comply with correct bulk:ling ancl zoning regulations for / / the intengied use or the buik:ling shall be demolist~Kl. 3. Existing sewage disposal facilities sl~all be remove(I, fill~ and/or capped to comply with the ../ / Uniform PlurnDing Co~ anti Uniform Buik:lklg C~e. 4. Underground on-site utilities are to be Iocate(I and sttown on 13uik:ling plans sul3mitte<l for / / 1. Gracling of the mJ3~<:t I~ sheJl be in accordance w#h the Un#o~m Building Code, City / /-- Gracling Standl~, and ICCtl~:l grading IXaCtlcls. Tlli tirtll grading plan sllatl be in substantial co~ormance w#h the al~ed gragling I~. 2. A soils rel3o~t sl~all be I:~'epared by a qualified engineer llcef~ by the Stats of California to / v.~3. ~do~ suctt wo~. The development is located within the soil erosion co, ami boundaries; a Soil Disturbance /.-- -- Permit is required. Please corlact San Bern~ Courly ~ of Agrlculure at (714) 387-2111 for permit ap134icafion. Documenlatton of suct~ perm# ~ bi sul~ecl to the City i:xior to the issuance of rougfl gracling 4. A geological report shall be I~eparecl by a qualified engineer or geolog~ and sulxnitted at / , -- the time o! application for gracling plan check. /"5. The final gracling plans shall be con'K)leted and approved 13riot to issuance of 13uik3ing permit s. Resolution No. 91-353 Page 17 6. As a custom-lot sul:<livision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing cornl~letlon of all on-site ----/ / drainage facilities necessary for clewatenng all parcels to the satisfaction of the Building and Safety Division prior to final map approval and prior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto / / or over acljacent parcels, are to be delineated and re<on:led to the satisfaction of the Building and Safety Division pdor to issuance of greding and building permits. c. On-site drainage improvements, necessary for dewatering and protecting the sulxlivided / / propefties, are to be installed pnor to issuance of building permits for construction upon any parcel that may ba subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. d. Final gfading plans for each parcel are to be submitted to the Building and Safet~ / / Division for approval prior to issuance of building and grading permits. (This may be on an incremental or composite basis.) e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses / / or planted with ground cover for erosion control upon completion of grading or some other alternative method of erosion control shall be cofnl:)leted to the satisfaction of the Building Official. In acldition a permanent irrigation system shall be provided. This requirement does not release the applicant/developer from compliance witl~ the slope planting requirements o! Section 17.08.040 1 o! the Development Code. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (714) .~-18.~. FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Declicatlon an4 Vehicular ~ 1. Rights-of-way and easements shag be de(~ated to the City for all interior public streets, / / community trails, public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans and/of tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/of fentative map. 2. Dedication shall be rna~ o~ the following righls-of-way on tt~ peftfr~ef streets --/ / (measured from slreet centefltne): total feet on total feet on total feet on total feet on 3. An irrevocal~leofferofcledicationfof -foot wtcle roadway easement shall be made ---/ /- for all private streets or drives. 4. Non-vehiculaf acces~ shall bl de(:licated to the City for the following streets: ./__' __ 5. ReciDmcal access easements shall be provided ensudng access to all parcels by CC&Rs or by deeds and shall be recorcled concufmntty with the map or prtor to the issuance of building permits, where no map is involved. Resolution No. 91-353 Page 18 6.Private drainage easements forcross-iot drainage shall be prov,:]ecl and shall Oe delineated or noted on the final map. 7. The final map shall clearly delineate a 104ool minimum building restriction area on the ___/_ neigl~bonng lot adjoining the zero lot line wall and contain the following language: '//We hereby cleclicate to the City of Rancho Cucarnonga the rfght to prohibit the construction of (residential) buildings (or other structures) within those areas clesignatecl on the map as building restr;ction areas.' A maintenance agreement sAall also be granted from each lot to the adjacent lot through the CC&R's. 8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on / / the final map. 9. Easements for public sidewalks and/or street trees placed outside the public right-of.way .~/ / shall be dedicated to the City wlMrever they encroach onto private prot3erty. 10. 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 edlacent sidewalk is used along the nght turn lane, a parallel street tree maintenance easement shall be provided. 11~Thedeve~~~~rsha~~makeag~~c~faithe~~~t~acc~uirethereduired~~-s~tepmpe~tyinterests /. / necessary to construct the required public improvements, and i1 ha/she should fail to do so, the develotxr shall, at least 120 days prior to submittal of the final map for apG)royal, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the prolxrty interests required for the improvements. Such agreement shall provide for payment by the devalol3er of all costs incurred by the City to acquire the off-site I~oG)erty interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a caf~ defx)sit in the amount given in an aplxaisal ropoil obtained by the clevelolxr, at developer's cost. The appraiser sAall have been apfxoved by the City pfiof.'to commencement of the alX)raisal. M. SIroM Improvofllentl 1. All public improvements (interior streets, drainage facilities, commune/trails, paseos, I / lan(:lsC, alxd areas, etc.) shown on the plato and/or tenlatJve maG) shall be constructed to City Standarcls. Interior street imG)mvements shall include, but am not Iimltocl to, curb at'ct gutter, AC pavement, ckWe approaches, sidewaks, straM lig~s, and stma trees. 2. A minimum of 26- foot wide pavement, within a 44) .rom wide cleclIcatocl rib-of-way saall be / /__ constnJCted foJ' all half-section streets. 3. Construct ~ following pMtmMor street Impfl:)vement~ inckJdlng, but not Iimitocl to: / / STRJ:ET NAM~ CURB & A.C. ~a:)E DI~I/E ~ ~ COMM. MEDbsd~ O31'IER GU3'T~R PI/MT WALJ( APPR. L,IOH't'~ 'rla~-='~ ~ tNJJ.yD S~ ';91 q nC I',t Resolution No. 91-353 Page 19 Notes: (a) Median island includes landscaping and irrigation on meter, (b) Pavement reconstruction and overtays will be determined during plan check, (c) I! so marked, side- walk shall be curvilinear per STD. 304. (d) If so marked, an in-lieu of construction fee shall be provided for this item. ~'/'/4, Improvement plans and construction: a, Street improvement plans including street trees and street lig~s, prepared by a regis- ---./ / tered Civil Engineer, shall be submitted to and approved by ll~e City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Altomey guaranteeing completion of the pubic anti/or private street improve- ments, prior to final map approval orthe issuance of building permits, w~ichever occurs first. b. Prior to any work being performed in public rig.-of-way, fees sl~all be pald and a / construction permit snail be oblained from Me City Engineer's Office in aclclition to any other permits required. c. Pavement striping, marking, traffic, street name signing, and interconnect conduit / / si'mil be installed to lhe satisfaction of Me City Engineer. d. Signalconduit with pull boxes sl~all be installed on any nsw ¢~nstruction or reconstruction / / of major, secondary or collector streets w~ich inler~ect with omer major, secondary or colleclor streets for future traffic signals, Pull boxea shall be placed on both sides of the street at 3 feel outside of BC R, ECR or any other locations approved by the City Engineer. Notes: __./ / (1) AJI pull boxes shall be No. 6 unle$~ o~hetwt~ sl;3~,ifMd by the City Engineer. (2) Conduit ~ail be 3-inch galvanized steel with pullrope. e. Wheel c~air rarnl~ shall be installed on all lout comert of intersections per City / / Standan:ls or as directed by the City Engineer. f. Existing City roacl~ recluidr~ constmctMn shall remain open to tralflc al all times with / adequae clem~r~ during conmrtx:tion. A ~ cloture permit may be required. A Cash c~epoM sfia#be pnwk:M~ mcov~l~costof graglng andpaving, wt~cl~ s~be re~un~J u~n complet~n o! ~ co~truction to tl~ satIMacUon o~ ~ ¢~ Engineer. g. Concenlrale¢l ¢lrainaOe flows sba# not ¢a3~ sidewalls. UncMr $id~w~ drains sl~all be / instaled to City Slanclams, excecx fo~ single family n. Handlcal3 a:x~s~ ramp design ~ be as specifi~ by the CI~ Engineer. / i. Street tames stol be approved by t~e C~ Piarm~ ixtor to sul3m~al for first plan ct~c~, / / 5. Street impmve~ plans per City Standa~ls fo~ all I:~V=l® situses stroll be pmvicled for / /- review and approval by the Ci~ Engineer. Prior' lo any work bang perlonn~ on Me pti- vate streets, fees sl~ll be paid and consm~ion pam~ls ~ be ol3mlns¢l Imm the C~ Engineer's Olflc, e in sol.ion to any otl~r parmits 6. Street trees, a minlrrajm of 15-.gallon size or larg~, shal be Installe(:l per City Standarcls in / acconaance with the City's street tree program. Resolution No. 91-353 Page 20 · Interse~n line of site des~ns shall be reviewed by the C~y E~ineer for conforman~ w~h a~pte~ ~l~y. /.__." __ a. On ~ll~or or larger ~reets, lines ol s~ shall ~ ploE~ for all pmj~ interse~ions, / / i~ludi~ dr~eways. Walls, s~ns, a~ sD~s shall ~ ~at~ outsMe the lines of s~ht. La~i~ a~ o~er obstm~ns w~hin the lines of sight shall ~ ~Droved by the C~y Engineer. b. L~I resMe~ial ~reet i~em~ns shall have their ~t~e~il~y improve, u~ally by ~ / movi~ the 2 +/- c~sea street trees on each sMe ~ay from the ~reet a~ placed in a street tree ease~nt. /8. A pe~ shall ~ o~ained from CALTRANS for any ~ wffhin the fol~wing ~f-way: / ~. ~11 ~1~ im~mv~m~m~ on the ~o1~ str~t~ $~11 ~ o~at~l~ ~t$ i~sua~ of ~i~ ~: N. P~,c~.Mllntenance Areal v 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards / I shall be sul:)mitled to the City Engineer for review and a,oproval prior to final mag a,oproval or issuance of building permits, whichever occurs first. The following landscape parkways, medians, paseos, easements, trails, or other areas are required to be annexed into the 1~2. A signed consent and waiver form to join and/or form the apt:x'opdate Landscape and Ligming / / Districts shall be filed with the City Engineer prior to final mai3 a,ol3mval or issuance of building permits whichever _oc~_Jrs first. Formation costs sl~all be borne by the cleveioper. ~/"3. AIl requiredl=ubliclandscaping andirflgation systems shail be continuously maintainecl by the / /- developer until accepted by the City. 4. Parkway la~ping on the following street(s) sl~ll conform to the results ol the respective / / Beautification Master O. Drainage and Flood Control 1. The project (or portions thereof) is located within a I=ioocl Hazard Zone; therefore, flood / ~otection meemJmS ~ be provided a~ certified by a registered Civil Engineer and al: oved by me Engtmer. 2. It shall be the developer's reeooneibility to have the current FIRM Zone 1 __' __ designation removed from tho project ama. The deveio0~s engineer shall p~'el3are all necessar/reportl, plato, and hydmiogic/hydraultc calculaflonl. A Col'a~ional Letter of Ma~ Revision (CLOMR) shall be o~ained from FEMA ~ to final map apl:xoval or issuance of I:xJik:ling permits, whichever occurs first. A Letter of MaS) Revision (LOMR) shall 13e issued by FEMA I:xior to _oc~_jpancy or iml:)rovernent accel~ance, whichever occurs first. 3. A final drainage study shall be sul~'nitted to and al;)l~3vecl by the City Engineer prior to final mai3 al:)13mval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. Resolution No. 91-353 Page 21 4. A permit from the County Flood Control District is required for work wilhin RS r~gnt-ol-way. 5. Trees are prohibited within 5 feet of the outside cliameter of any public storm arain pipe measured from the outer edge of a mature tree trunk. .___/ /__ 6. Public storm drain easements shall be graded to convey overflows in the event of a / /~ blockage in a sump catcl~ basin on the public street. P, Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, / / gas, electric power, telephone, and cable TV (all underground) in accoraance witrt the Utility Standards. Easements shall be provided as required. The developer shall be responsible for the relocation of existing utilities as necessary. / / 3V/' '~.Water and sewer plans shall be designed and constructed to meet the requirements o! the / /. Cucamonga County Water District {CCWD), Rancho Cucamonga Fire Protection Distr.1, and tl~e Environmental Health Department of the County of San Bemardino. A letter of compliance from the CCWD is required prior to final map approval or issuance ot permits, whichever occurs first. Q. General Requlrementa IrH:l A4Nc)roval~ 1. The separate parcels contained within the project boundaries ~all be legally combined into / / one parcel prior to issuance of building permits. 2. An easement for a joint use ddveway shall be provided prior to final map approval or / / issuance of building permits, wrtichever _oc~_jrs first, for: 3. Prior to approval of the final map a deposit shall be posted with ~e City covering the estimated cost of apportioning the assessments under Assessment District among the newly created pameis. 4. Etiwanda/San Sevaine Ama Regional Mainline, Seconda~ Regional, and Master Plan / / Drainage Fees shall be paid p~ior to final map apt3mval or prior to building permit issuance if no map is involved. 5. Permits shall be oblalned from trle following agencies for work within their right-of-way: / /~ 6. A signed cen~enl and waiver form to join and/or form the Law Enforcement Cormmnity / / Facilities DfC'lei ~all be filed wdh the City Engineer i:mor to final map apl3mval or the issuance of building permit~, wflicl~ver _oc~_jrs first. Formation costs shall be borne by t~e Developer. 7. Prior to finalization of any development phase, sufficier~ imlxovemenf I~ans ~ be com- / /__ plated beyond the pttase boundaries to assure seconda~ access and drainage protection to the sat~action of tl3e City Engineer. Phase boundaries ~all correspond to lot lines slx~wn on the ap0mved tentative map.