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HomeMy WebLinkAbout00-55 - Resolutions RESOLUTION NO. 00-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 15398, LOCATED SOUTH SIDE OF WILSON AVENUE, APPROXIMATELY 770 FEET WEST OF BERYL STREET AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-121-24 and 1062-051-02. WHEREAS, Tentative Parcel Map Number 15398, submitted by Keystone Investments LLC., applicants, for the purpose of subdividing into 3 parcels, the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, identified as APN: 1062-121-24 and 1062-05102, located south side of Wilson Avenue, approximately 770 feet west of Beryl Street; and WHEREAS, on June 14, 2000, the Planning Commission held a duly advertised public hearing for the above-described map. NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS FOLLOWS: SECTION 1: That the following findings have been made: 1. That the Tentative Parcel Map is consistent the General Plan, and Development Code, and; 2. That the improvement of the proposed subdivision is consistent the General Plan, and Development Code, and; 3. That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. SECTION 2: 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 and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: 1. 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. 2. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable PLANNING COMMISSION RESOLUTION NO. 00-55 PM 15398— KEYSTONE INVESTMENTS, LLC June 14, 2000 Page 2 level by imposition of mitigation measures on the project which are listed below as conditions of approval. 3. 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 the 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. SECTION 3: Tentative Parcel Map 15398 is hereby approved subject to the following Special Conditions: Planning Division 1. All lot grading, whether in conjunction with a total design review or individual custom lots shall be subject to the Hillside Development Ordinance. The project shall utilize grading techniques, which minimize the alteration to the natural landform. These techniques shall include minimal padding for units only, split level foundations, and/or stem wall construction. 2. The developer shall provide each prospective buyer of each parcel written notice that the parcel will be subject to the Hillside Development Review Process in a standard format as determined by the City Planner, prior to the accepting a cash deposit on each parcel. 3. The driveway on Parcel 3 shall be reduced to a width of 12 feet; in order to eliminate the 2:1 slopes,along the east boundary of the project site, as much as possible. 4. Upon development of any parcel, all three parcels shall be rough graded per the approved conceptual grading plan. 5. Upon development of either Parcel 1 or 2,the shared driveway shall be installed full width. 6. A deed restriction prohibiting the keeping of horses shall be recorded on all three parcels. Fire Safety Division 1. Current plans do not comply with the minimum standards for fire and life safety for Fire Department access. Maximum slope allowed is 12 percent and a tum-around is required since the access roadway exceeds 150 feet. Therefore, .the installation of an automatic fire sprinkler system for the future residence on Parcel 3 will be required. PLANNING COMMISSION RESOLUTION NO. 00-55 PM 15398 — Keystones Investments LLC June 14, 2000 Page 2 Mitigation Measures 1. The removal of the Eucalyptus trees onsite shall be replaced pursuant to the City's Preservation Ordinance No. 276. Therefore,the following mitigated measure will be required: a) The Eucalyptus trees shall be replaced with Eucalyptus Maculata (Spotted Gum) in 15 gallon size, planted 8 feet on center in a windrow, at the project perimeter. APPROVED AND ADOPTED THIS 14TH DAY OF JUNE 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: C Lar ZfMcNiel, Chairman ATTEST Brad Bul creta i I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of June 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Parcel Map 15398 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 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/Engineering Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program 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 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.: Tentative Parcel Map 15398 Applicant: Keystone Investments LLC. Initial Study Prepared by: Rudy Zeledon Date: May 25. 2000 ResponsibleMitigation Measures No. g of Method . FrequencyImplementing Action for Monitoring Date/Initials Non-Compliance Biological Resources • The removal of the Eucalyptus trees onsite shall be CP D As Necessary A 3 replaced pursuant to the City's Preservation Ordinance No. 276.The Eucalyptus trees shall be replaced with Eucalyptus Maculata (Spotted Gum) in 15 gallon size. Key to Checklist Abbreviations Responsible Person 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 6-Revoke CUP I:\PLANNING\FINAL\CEOAXMMCHKLST.W PD ' COMMUNITY DEVELOPMENT k _ DEPARTMENT STANDARD CONDITIONS PROJECT #: TPM 15398 SUBJECT: Subdivide 2.1 acres into 3 parcels APPLICANT: Keystone Investments, LLC. LOCATION: s/s of Wilson Avenue, west of Beryl ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION,(909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 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. B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from --- the date of the approval. C. 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 colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, and the 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 of the City Planner. --- SC-2-00 1 Project No. TPM 15398 Completion Date 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, --- building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 4. Approval of this request shall not waive compliance with all sections of the Development j f Code, all other applicable City Ordinances, and applicable Community or Specific Plans in --- effect at the time of building permit issuance. 5. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this --- landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. D. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home / landscaping in the case of residential development, shall be prepared by a licensed --- landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than / 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for --- erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or / greater slope shall be landscaped and irrigated for erosion control and to soften their --- appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1- gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. For single family residential development, all slope planting and irrigation shall be / continuously maintained in a healthy and thriving condition by the developer until each --- individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 5. All walls shall be provided with decorative treatment. If located in public maintenance areas, f the design shall be coordinated with the Engineering Division. --- E. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required --- to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 719.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. SC-2-00 2 Project No. TPM 15398 Completion Date APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. Dedication and Vehicular Access 1. Vehicular access rights shall be dedicated to the City for the following streets, except for approved openings: Wilson Avenue . --- 2. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building --- permits, where no map is involved. (Specifically see V.2). 3. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. --- 4. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on f j the final map. --- G. Street Improvements 1. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered --- Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any --- other permits required. C. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. --- d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future --- traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: (1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. --- f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A --- cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall / 1 be installed to City Standards, except for single family residential lots. --- SC—2-00 3 Project No. TPM 15399 Completion Date h. Street names shall be approved by the City Planner prior to submittal for first plan / check. --- 2. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in / accordance with the City's street tree program. --- 3. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with / adopted policy. On collector or larger streets, lines of sight shall be plotted for all project --- intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. H. Public Maintenance Areas 1. 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 map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. I. Drainage and Flood Control 1. The project (or portions thereof) is located within a Flood Hazard 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 developer's responsibility to have the current FIRM Zone A 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 final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. J. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, / gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility --- Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. / 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and --- the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. K. General Requirements and Approvals 1. An easement for a joint use driveway shall be provided prior to final map approval or issuance / of building permits, whichever occurs first, for: Parcels 1 and 2. --- APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909)477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. General Fire Protection Conditions 1. Mello Roos Community Facilities District requirements shall apply to this project. The developer shall commence, participate in, and consummate or cause to be commenced, --- SC—2-00 4 Project No. TPM 15398 Completion Date participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. 2. Roadways within project shall comply with the Fire District's fire lane standards, as noted: X All roadways per Rancho Cucamonga Fire Protection District Ordinance 32. 3. Fire department access shall be amended to facilitate emergency apparatus. 4. All trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up, so as not to impede fire apparatus. -- 5. Fire District fee(s), plus a $1 per "plan page" microfilm fee will be due to the Rancho Cucamonga Fire Protection District as follows: --- X $132 for Single Family Residential Tract(per phase). *'Note: Separate plan check fees for Tenant Improvement work, fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 6. Plans shall be submitted and approved prior to construction in accordance with 1997 UBC, / UFC, UPC, UMC, and RCFD Standards 32 and 15 and 1996 NEC. --- SC-2-00 5