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HomeMy WebLinkAbout11-011 - Resolutions RESOLUTION NO. 11-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING DEVELOPMENT REVIEW DRC2010-00361 - A REVIEW OF PLANS FOR A MULTI-FAMILY HOUSING DEVELOPMENT CONSISTING OF 192 UNITS ON 11.15 ACRES OF LAND WITHIN THE RESIDENTIAL HIGH (H) DEVELOPMENT DISTRICT (24-31 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN ELM AVENUE, SPRUCE AVENUE, AND TOWN CENTER DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1077-422-21, 22, AND 25. A. Recitals. 1. Lewis Apartment Communities filed an application for the approval of Development Review DRC2010-00361, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 8th day of December 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval by the City Council. 3. On the 19th day of January 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced public hearing January 19, 2011, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to a 11.15-acre vacant project site, which is located on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive; and b. The site is bounded by a multi-family development to the north, the Terra Vista Town Center commercial center to the south and east, and offices to the west. The site slopes from north to south and is covered with non-native grasses, which are routinely disced for weed control. There are no unique features, nor any existing structures or trees on the site; and C. The development is made up of 192 units in 22 buildings. This includes 16 one-bedroom units (889 square feet), 83 two-bedroom units (1,428 square feet), 26 three- bedroom units (1,678 square feet), 16 three-bedroom units with dens (1,946 square feet) and 51 four-bedroom units (1,946 square feet); and d. The proposed development also includes an associated subdivision, Tentative Tract Map SUBTT18782; and e. The land use designation for the site is High Residential (H), which has a density range of 24 to 31 units per acre. The Terra Vista Community Plan permits the site to be developed at the Medium-High (MH) density range (14 to 24 units per acre) with the approval of the Design Review Committee, Planning Commission, and City Council. The proposed density is approximately 17.45 units per acre; and f. The reduction in density from High Residential (H) to Medium-High Residential (MH) will not preclude the City from meeting its regional housing needs as outlined in the Regional Housing Needs Assessment (RHNA) and incorporated into the Housing Element of the General Plan. The City has been allocated a RHNA construction goal of 1,282 units for the planning period of 2006 through 2014. Since 2006, the City has achieved a significant portion of its RHNA goal and the Housing Element has identified sufficient remaining vacant land to fully meet the 1,282 unit goal, even when taking into account the reduction in density on the project site; and g. The project meets all related standards of the Terra Vista Community Plan and the Development Code, except for the necessity of up to 8 foot high perimeter walls (where retaining walls are necessary). The applicant has filed a Minor Exception (DRC2010-00721) for an additional 2 feet of wall height above the maximum 6 feet permitted by the Development Code (to be approved separately by the Planning Director); and h. The project provides a total 427 parking spaces, 5 above the 422 parking spaces required by the Development Code; and i. The project exceeds the number of recreational amenities required by the Development Code and includes amenities that meet the interests of residents of all ages. 3. 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 and 2 above, this Council hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and any applicable specific plans; and C. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; Resolution No. 11-011 - Page 2 of 14 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter. City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. C. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials, which constitute the record of proceedings upon, which the City Council's decision is based, is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the design and layout of a 192-unit rental condominium project on 11.15 acres of land for a project located on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive -APN: 1077-422-21, 22 and 25. 2) The approval of DRC2010-00361 is subject to approval by the City Council of the reduction in the project density from High Residential (24 to 31 units per acre) to Medium-High Residential (14 to 24 units per acre), approval of Tentative Tract Map SUBTT18782, and Minor Exception DRC2010-00721. Resolution No. 11-011 - Page 3 of 14 3) Plans submitted for plan check shall be consistent with plans approved by the Design Review Committee on November 2, 2010. 4) All perimeter walls and metal fences exposed to public view shall be decorative and include a decorative pilaster at each change in direction of either the wall or metal fence. 5) All retaining walls exposed to the public right-of-way shall be landscaped and irrigated. Engineering Department 1) Church Street improvements to be in accordance with City "Secondary Arterial" standards as required and including: a) Protect existing curb and gutter or repair as required. b) Provide sidewalk, street trees, and drive approach as required. c) Proposed gated entrance is to be in accordance with the City's "Residential Project Gated Entrance Design Guide" standard. d) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. e) Protect existing Traffic Signal equipment at Church Street, or repair as required. f) Provide a Class 2-foot wide bike lane along Church Street frontage as required. g) Verify existing access ramps at the southwest corner of Church Street and Spruce Avenue and at the southeast corner of Church Street and Elm Avenue for conformance to ADA requirements and to City Standard 102. Otherwise, reconstruct access ramps to current City Standard 100-B and 102 and have a surface applied truncated dome detectable warning surface as supplied by ADA Solutions Inc., or approved equal. h) Provide for a future "bus stop" at the southeast corner of Church Street and Elm Avenue. 2) Spruce Avenue improvements to be in accordance with City "Secondary Arterial" standards as required and including: a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk and street trees, as required. c) Provide dual access ramps at the northwest corner of Spruce Avenue and Town Center Drive per City Standard 102. Resolution No. 11-011 - Page 4 of 14 d) Provide 9500 Lumens HPSV street light as required. e) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. f) Protect existing traffic signal equipment at Spruce Avenue and Church Street and at Town Center Drive, or repair as required. 3) Elm Avenue improvements to be in accordance with City "Collector Street' standards as required and including: a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk and street trees as required. c) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. d) Protect existing traffic signal equipment at Elm Avenue and Church Street, or repair as required. 4) Town Center Drive improvements to be in accordance with City "Secondary Arterial" standards as required and including: a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk and street trees as required. c) Provide dual access ramps at the northeast corner of Town Center Drive and Elm Avenue per City Standard 102. d) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. 5) Intersections of Elm Avenue and Church Street and Elm Avenue and Town Center Drive must comply with the Terra Vista Community Plan Street Intersections with Greenway and Trails, Figure IV-41. 6) The Emergency accesses on Town Center Drive shall have a limited access curb per City Standard 105-C. The construction material to be installed within the parkway shall be determined during plan check. 7) Modify Drawing 1342-D Sheet 5 of 11 to show new private storm drain connection. 8) Sufficient off-street parking shall be provided in accordance with City Code Section 17.12.020 D. 9) Provide pedestrian crossing at Elm Avenue and Church Street and Elm Avenue and Town Center Drive in accordance with the Terra Vista Specific Plan Figure IV-32 and Figure IV-42. Resolution No. 11-011 - Page 5 of 14 Building and Safety Department 1) Prior to the issuance of a grading permit, the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 2) Prior to issuance of a grading permit, the applicant shall obtain a Waste Discharge Identification Number (WDID). 3) A grading bond will be required to be submitted to the Building and Safety Official for review and.approval prior to issuance of a grading permit. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. Revegetate disturbed areas as quickly as possible. Pave or apply gravel to any on-site haul roads. • Pave, water, or chemically stabilize all on-site roads as soon as feasible. Resolution No. 11-011 - Page 6 of 14 • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Sweep all streets once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). • Install wheel washer where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. • Cover all trucks hauling dirt, sand, sand, soil or other loose materials, or maintain at least 0.6 m (2 feet) of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) section 23114. • Pave construction access roads at least 30 m (100 feet) onto the site from the main road. • Reduce traffic speeds on al unpaved roads to 15 mph or less. 6)' The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) at least twice daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. Resolution No. 11-0 11 - Page 7 of 14 9) The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 10) All trucks shall not idle continuously for more than 5 minutes at any one time. 11) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period will be extended; thereby decreasing the size of the area prepared each day to minimize vehicles and equipment operating at the same time. 12) The construction contractor should time the construction activities so as to not interfere with peak-hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 16) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 17) Provide a landscape and development plan for the project that takes advantage of shade, prevailing winds and drought tolerant landscaping. 18) Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 19) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 20) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 21) Install efficient lighting and lighting control systems. 22) Install light colored cool pavements. Resolution No. 11-011 - Page 8 of 14 23) Install solar or light-emitting diodes (LEDs) for outdoor lighting. 24) Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include the following, plus other innovative measures that might be appropriate: • Create water-efficient landscapes with the development; and • Install water-efficient irrigation systems and devises,. such as soil moisture-based irrigation controls; and • Use reclaimed water for landscape irrigation within the project. Install the infrastructure to deliver and use reclaimed water; and • Restrict watering methods (e.g., prohibit systems that apply water to non-vegetated surfaces) and control runoff. 25) Reuse and recycle construction waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). 26) Provide interior and exterior storage areas for recyclables and green waste adequate recycling containers located in public areas. 27) Provide employee education about reducing waste and available recycling systems. 28) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008, to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e., fireplaces/hearths) in new development on or after March 9, 2009. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments; using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. Resolution No. 11-011 - Page 9 of 14 • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA Guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area: Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resources (i.e., plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. Resolution No. 11-011 - Page 10 of 14 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole & Associates Inc., on September 15, 2010, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping Plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. Resolution No. 11-011 - Page 11 of 14 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number),shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in the first phase. Resolution No. 11-011 - Page 12 of 14 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. arid 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Please see the following page for forma/adopllon,certification and a/gnaturea Resolution No. 11-011 - Page 13 of 14 PASSED, APPROVED, AND ADOPTED this 19`" day of January 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis Michael, Mayor ATTEST: l-'-' f%CI J nice C. Reynolds, Cit Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 19`" day of January 2011. Executed this 20`" day of January 2011, at Rancho Cucamonga, California. ice C. Reynolds, City Clerk Resolution No. 11-011 - Page 14 of 14