HomeMy WebLinkAbout00-23 - Resolutions RESOLUTION NO. 00-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR
THE EXTENSION OF THE PREVIOUSLY APPROVED TENTATIVE TRACT
MAP NO. 14055, AND MODIFYING THE CONDITIONS OF APPROVAL
THEREOF, FOR THE DEVELOPMENT OF 115 CONDOMINIUM UNITS ON
10.27 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT
(8-14 DWELLING UNITS PER ACRE), LOCATED NORTH OF ARROW
HIGHWAY ON THE EAST SIDE OF BAKER AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 207-201-44.
A. Recitals.
1. Modem Corporation has filed an application for an extension of the approval of Tentative
Tract Map No. 14055, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Tentative Tract Map Time Extension request is referred to as "the application."
2. On February 8, 1989, the Planning Commission adopted its Resolution No. 89-26,
thereby approving, subject to specific conditions and time limits, Tentative Tract No. 14055.
3. On March 27, 1991, the Planning Commission adopted its Resolution No. 89-26A,
thereby modifying, subject to specific conditions and time limits, Tentative Tract 14055.
4. On February 23, 2000, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that date.
5. 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 the substantial evidence presented to this Commission during the above-
referenced public hearing on February 23, 2000, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The previously approved Tentative Tract Map is in substantial compliance with the
City's current General Plan, specific plans, ordinances, plans, codes, and policies; and
b. The extension of the Tentative Tract Map approval will not cause significant
inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies;
and
C. The extension of the Tentative Tract Map approval is not likely to cause public
health and safety problems; and
d. The extension is within the time limits established by State law and local ordinance.
PLANNING COMMISSION RESOLUTION NO. 00-23
TE FOR TT 14055 - MODERN CORP.
February 23, 2000
Page 2
3. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment for
the application, the Planning Commission finds that there is no substantial evidence that the project
will have a significant effect upon the environment and adopts a Mitigated Negative Declaration
based upon the findings as follows:
a. That the Mitigated 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 Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the Planning Commission; and, further, this
Commission has reviewed and considered the information contained in said Mitigated Negative
Declaration with regard to the application.
b. That, based upon the changes and alterations which have been incorporated into
the proposed project, no significant adverse environmental effects will occur.
C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of
Regulations, the Planning Commission finds as follows: In considering the record as a whole, the
Initial Study and Mitigated 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 Mitigated
Negative Declaration, the staff reports and exhibits, and the information provided to the Planning
Commission during the public hearing, the Planning Commission hereby rebuts the presumption of
adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this
Commission hereby grants a time extension for:
Tentative Tract Map Applicant Expiration
14055 Modem Corporation March 27, 2001
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby modifies the conditions of approval contained in Resolutions No. 89-26 and
89-26A and the Standard Conditions, attached thereto and incorporated therein, to read as follows:
Planning Division:
1) The applicant shall agree to defend at his sole expense any action
brought against the City, its agents, officers, or employees, because of
the issuance of such approval, or in the alternative, to relinquish such
approval. The applicant shall reimburse the City, its agents, officers,
or employees, for any Court costs and attorney's fees which the City,
its agents, officers, or employees may be required by a court to pay as
a result of such action. The City may, at its sole discretion, participate
at its own expense in the defense of any such action but such
participation shall not relieve applicant of his obligations under this
condition.
PLANNING COMMISSION RESOLUTION NO. 00-23
TE FOR TT 14055 - MODERN CORP.
February 23, 2000
Page 3
Environmental Mitigation Measures:
1) The developer shall submit a noise study, prepared by a qualified
acoustical engineer, of the noise reduction requirements needed to
reduce interior noise levels to be at or below 60 dBA with 45 dBA
between 7 a.m. to 10 p.m.
6. The applicant is hereby notified that the related design review application has expired and
no further time extensions are possible. Any development on this property shall require a new
development/design review application to be processed in conformance with the standards of the
Development Code.
7. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 23RD DAY OF FEBRUARY 2000.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: 17C
Ldfryy T. c i , Chairman
l�
ATTEST:
Brad Bu ecreta
I, Brad Buller, Secretary for the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 23rd day of February 2000, by the following vote-to-wit:
AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS, TOLSTOY
City of Rancho Cucamonga
rl MITIGATION MONITORING
PROGRAM
Project File No.: TT 14055 Time Extension — Modern Corporation
This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation
measures identified in the Mitigated Negative Declaration for the above-listed project. This program
has been prepared in compliance with State law to ensure that adopted mitigation measures are
implemented (Section 21081.6 of the Public Resources Code).
Program Components - This MMP contains the following elements:
1. Conditions of approval that act as impact mitigation measures are recorded with the action and
the procedure necessary to ensure compliance. The mitigation measure conditions of approval
are contained in the adopted Resolution of Approval for the project.
2. A procedure of compliance and verification has been outlined for each action necessary. This
procedure designates who will take action, what action will be taken and when, and to whom
and when compliance will be reported.
3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring
progresses, changes to compliance procedures may be necessary based upon
recommendations by those responsible for the program.
Program Management- The MMP will be in place through all phases of the project. The project
planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project
planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly
and proper action is taken on each mitigation. Each City department shall ensure compliance of
the conditions (mitigation) that relate to that department.
Procedures - The following steps will be followed by the City of Rancho Cucamonga.
1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in
performing monitoring or reporting programs shall be charged to the applicant.
2. A MMP Reporting Form will be prepared for each potentially significant impact and its
corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached
hereto. This procedure designates who will take action, what action will be taken and when, and
to whom and when compliance will be reported. All monitoring and reporting documentation will
be kept in the project file with the department having the original authority for processing the
project. Reports will be available from the City upon request at the following address:
City of Rancho Cucamonga - Lead Agency
Planning Division
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Mitigation Monitoring Program
TE for TT 14055 — Modern Corporation
Page 2
3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,
as determined by the project planner or responsible City department, to monitor specific
mitigation activities and provide appropriate written approvals to the project planner.
4. The project planner or responsible City department will approve, by signature and date, the
completion of each action item that was identified on the MMP Reporting Form. After each
measure is verified for compliance, no further action is required for the specific phase of
development. „
5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off
as completed by the project planner or responsible City department at the bottom of the MMP
Reporting Form.
6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation
measures. The project planner is responsible for approving any such refinements or additions.
An MMP Reporting Form will be completed by the project planner or responsible City
department and a copy provided to the appropriate design, construction, or operational
personnel.
7. The project planner or responsible City department has the authority to stop the work of
construction contractors if compliance with any aspects of the MMP is not occurring after written
notification has been issued. The project planner or responsible City department also has the
authority to hold certificates of occupancies if compliance with a mitigation measure attached
hereto is not occurring. The project planner or responsible City department has the authority to
hold issuance of a business license until all mitigation measures are implemented.
8. Any conditions (mitigation) that require monitoring after project completion shall be the
responsibility of the City of Rancho Cucamonga Community Development Department. The
Department shall require the applicant to post any necessary funds (or other forms of
guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay
for City staff time to monitor and report on the mitigation measure for the required period of time.
9. In those instances requiring long-term project monitoring, the applicant shall provide the City
with a plan for monitoring the mitigation activities at the project site and reporting the monitoring,
results to the City. Said plan shall identify the reporter as an individual qualified to know
whether the particular mitigation measure has been implemented. The monitoring/reporting
plan shall conform to the City's MMP and shall be approved by the Community Development
Director prior to the issuance of building permits.
MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III)
Project File No.: Time Extension for Tentative Tract 14055 Applicant: Modern Corporation
Initial Study Prepared by: Warren Morelion Date: February 23. 2000
Date/initialsMitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for
Implementing Action for Monitoring Frequency Verif Ication Verif ication
Noisery
j ,
Noise study required and noise reduction measures to CP/BO B/C As Necessary A/C/D 2/3
reduce interior noise levels
Key to Checklist Abbreviations
Responsible Person t: Monitoring Frequency., Method of Verification Sanctions
CDD-Community Development Director A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map
CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit
CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy
BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order
PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds
FC-Fire Chief or designee I I 1 6-Revoke CUP