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HomeMy WebLinkAbout02-107 - Resolutions RESOLUTION NO. 02-107 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT16157, A RESIDENTIAL SUBDIVISION OF 10 LOTS ON 60.17 ACRES OF LAND IN THE MEDIUM, MEDIUM-HIGH, AND HIGH RESIDENTIAL DISTRICTS OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE NORTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 227-151-30. A. Recitals. 1. Lewis Apartment Communities filed an application for the approval of Tentative Tract Map SUBTT16157, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On October 23, and continued to November 13, 2002, 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. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe 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 hearings on October 23, and November 13, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the northwest comer of Church Street and Terra Vista Parkway with a street frontage of approximately 2,330 feet along Church Street and approximately 800 feet along Terra Vista Parkway, which are both presently improved with curb, gutter, and street pavement; and b. The property to the north of the subject site is the East Greenway Trail,the property to the south consists of Tract 15492, which is currently under construction and vacant land with a land use designation of Medium-High Residential,the property to the east is Tract 15072,commonly known as the Village of Independence, and the property to the west is Milliken Park and the recently completed storage facility, which is in the Commercial Recreation land use designation of the Terra Vista Community Plan; and C. The tentative map contains 10 lots for condominium purposes; and d. The proposed project is subject to noise levels of 65 CNEL along Terra Vista Parkway and Church Street, which can be mitigated to acceptable levels as described in the Noise Study prepared for the project; and PLANNING COMMISSION RESOLUTION NO. 02-107 SUBTT16157— LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 2 e. The project will generate traffic trips which can be accommodated through public street improvement upgrades and fair-share cost contributions as described in the Congestion Management Plan Traffic Impact Study prepared for the project; and f. The project is consistent with the General Plan Land Use Designations of Medium, Medium-High, and High Residential,with a proposed Phase One project density of 17 dwelling units per acre; and g. The proposed project of 677 apartment units is in accordance with the objectives of the Development Code and the purposes of the Medium, Medium-High, and High Residential Districts. In addition, the proposed project is in accordance with the Terra Vista Community Plan; and h. The proposed project conforms to the standards and regulations of the Development Code, as well as the Terra Vista Community Plan, in terms of setbacks, building separation, parking, and the provision of recreational amenities as noted in the staff report; and i. The proposed project and the intended use,together with all Conditions of Approval will not be detrimental to public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The project proponents are required to complete all missing parkway improvements adjacent to the site. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the tentative tract is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and C. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract is not likely to cause serious public health problems; and f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. 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: PLANNING COMMISSION RESOLUTION NO. 02-107 SUBTT16157— LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 3 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. 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 level by imposition of mitigation measures on the project,which are listed below as Conditions of Approval. 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 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. 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 Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) The approval of SUBTT16157 is subject to the approval of the Terra Vista Community Plan Amendment DRC2002-00533, resulting in the provision of a Trail Type "E" along Terra Vista Parkway and Church Street. The Trail Type "E" shall be developed in accordance with the trail standards of the Terra Vista Community Plan. 2) The final map(s) shall utilize the tentative tract number(e.g., 16157-1, 16157-2, etc.). Engineering Division 1) Terra Vista Parkway and Church Street frontages shall be fully improved. Improvements shall include, but are not limited to,curbs and gutters, sidewalks, streetlights, street trees, traffic signing/striping, drainage facilities, etc. 2) Provide traffic signal at the intersection of Church Street and Terra Vista Parkway, with a Transportation Fee Credit. 3) Provide a traffic signal at the intersection of Church Street and Malaga Drive, and Terra Vista Parkway and Mountain View, as required with no Transportation Fee Credits. PLANNING COMMISSION RESOLUTION NO. 02-107 SUBTT16157 — LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 4 4) Medians in Terra Vista Parkway and Church Street to be protected in place and modified or repaired as required with no new openings. 5) No additional median island openings are allowed on Terra Vista Parkway. 6) Access off Terra Vista Parkway shall be per City Standard drive approach. Access off Church Street can be a street type entry; however, a catch basin shall be installed on the upstream side. 7) If gated access is proposed, it should comply with City Design Guidelines. 8) This project is connected to, or will disrupt an existing City-maintained landscape and irrigation area, and will require an encroachment permit. The proposed changes to City property shall be documented and approved on City originals through the plan-check process. Priorto any new construction, a joint inspection and documentation of the existing areas' condition shall occur with the new work contractor, City inspector, and a City maintenance representative. At this point, the new work contractor shall be responsible for maintenance of the existing landscape and shall maintain all areas sharing the same controller and/or meter until the maintenance period is complete, as directed by the City inspector. A follow-up inspection of both new and existing area is required prior to the City's acceptance of the new area. The existing irrigation system shall be adjusted as needed and any damaged landscaping replaced to the satisfaction of the City Engineer. Access to the existing irrigation controller cabinet will not be allowed without consent from, and supervision by, the City. Contractor to provide 24 hours notice to maintenance for any cabinet access. Environmental Mitigation Water 1) Prior to issuance of grading permits, the applicant shall prepare a Storm Water Pollution Prevention Plan that identifies BMPs to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the Building Official. Air Quality 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. 2) Surrounding 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. PLANNING COMMISSION RESOLUTION NO. 02-107 SUBTT16157— LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 5 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PMro 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 PMro emissions. 5) The construction contractor shall select the construction equipment used on-site based on low emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 8) Painting activities shall be spaced out over a period of at least 80 days. The contractor shall utilize low volatile organic compounds (VOC) paints. Transportation 1) The installation of a traffic signal is required for the Malaga Drive/Church Street intersection. 2) Modifications to intersection lane configurations are required as mitigation in the following locations (improvements will be funded through Transportation Development Impact Fees): • Milliken Avenue/Arrow Route —Add a northbound through lane, and an eastbound through lane. • Milliken Avenue/4th Street—Add a third southbound left tum lane, convert one eastbound right tum lane to a shared through/right tum lane, and modify the signal phasing to provide right tum overlap phases for the northbound and westbound right tum movements. • Malaga Drive/Church Street— Install a traffic signal. Noise 1) During all project site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. PLANNING COMMISSION RESOLUTION NO. 02-107 SUBTT16157 — LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 6 2) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise and the noise-sensitive receptors nearest the project site during all project construction. 4) During all project site construction, the construction contractor shall limit all construction related activities that would result in high noise levels to between the hours of 6:30 a.m. and 8:00 p.m. Mondaythrough Saturday. No construction shall be allowed on Sundays and public holidays. 5) Sound barriers of at least 5 feet in height must be erected around all first floor private patios with any view of Church Street from Buildings 63-68. As an alternative, the applicant may choose to erect a continuous sound barrier of at least 4 feet in height along the proposed Church Street fence line. This alternative eliminates the need for individual sound barriers at each impacted first floor patio, and has the added benefit of mitigating nearly all of the project's ground level exterior living space to 65 dBA CNEL or less. 6) Sound barriers of at least 5 feet in height must be erected around all second floor private balconies with any view of Church Street in Building 63. 7) Sound barriers of at least 4 feet in height must be erected around all second floor private balconies with any view of Church Street from Buildings 64-68. 8) All required sound barriers may be constructed using any of the following materials: masonry block, stucco on wood frame, 3/4-inch plywood, 1/4-inch glass or 1/2-inch LEXAN, earthen berm, or any combination of these materials or any material with a surface weight of at 3-1/2 pounds per square foot. Each completed noise barrier must present a solid face from top-to-bottom, and no cutouts or openings are permitted. 9) STC 28 glazing shall be used in all rooms with any view of Church Street in Buildings 63-68. This applies to all windows, sliding glass, and French doors in each specified room (even if the glazing directly faces Church Street). 10) All units adjacent to either Church Street or Terra Vista Parkway shall be equipped with a "summer switch" and outside ducting to the forced air unit, or by installing air conditioning at all such units. PLANNING COMMISSION RESOLUTION NO. 02-107 SUBTT16157 — LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 7 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: /�?z ^ R' h Macias, Vice Chairman ATTEST: ad Buller, ary 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 13th day of November 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART, TOLSTOY City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract 16157 and Development Review DRC2002-00791 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 Tentative Tract 16157 and Development Review DRC2001-00791 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 Planning Division.The Division 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 Citys MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART 111) Project File No.: SUBTT16157 AND DRC2001-00791 Applicant: LEWIS APARTMENT COMMUNITIES Initial Study Prepared by: DEBRA MEIER Date: SEPTEMBER 24, 2002 Mitigation Measures No. . . . • Monitoring Timing of Method . ActionImplementing Date/initials Non-compliance Water >ht. Prior to issuance of grading permits, the applicant shall prepare a BO B/C Plan review& A/C 2/4 SWPPP that identifies BMPs to be implemented during the period the inspections site is under construction. BMPs shall be identified on the grading plans for review and approval by the Building Official. Air Quality. a ,•„5 1,51 ” a'> ° S The site shall be treated with water or other soil-stabilizing agent CP C Notes must be on A/C 4 (approved by SCAOMD and RW QCB)daily to reduce PM,u emissions, grading plan in accordance with SCAQMD Rule 403 Surrounding streets shall be swept according to a schedule CP/CE C Notes must be on AIC - 4 established by the City to reduce PM,o emissions associated with grading plan - vehicle tracking of soil off-site.Timing may vary depending upon time of year of construcfion. Grading operations shall be suspended when wind speeds exceed CP C Notes must be on AJC 4 25 mph to minimize PMro emissions from the site during such grading plan episodes. Chemical soil stabilizers(approved by SCAQMD and RWQCB)shall CP C Notes must be on AIC 4 be applied to all inactive construction areas that remain inactive for 96 - grading plan hours or more to reduce PM,o emissions. The construction contractor shall select the construction equipment CP C Notes must be on A/C 4 used on-site based on low emission factors and high-energy efficiency, grading plan The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturers'specificetions. The construction contractor shall utilize electricor dean altemafive fuel CP C Notes must be on A/C 4 powered equipment where feasible. grading plan The construction contractor shall ensure that construction-grading CP C Notes must be on A/C 4 plans include a statement that work crews will shut off equipment when grading plan not in use. - Painting activities shall bespaced out over aperiod ofatleast 80days. CP C Notes must be on A/C 4 The contractor shall utilize low volatile organic compounds (VOC) grading plan paints. Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Transportation/Cireulatlon The installation of a traffic signal is required for the Malaga CE D Improvement plan A/C 3 Drive/Church Street intersection. review Modifications to intersection lane oonfigura8ons are required as CE D Improvement plan A/C 3 mitigation in the following locations (improvements funded through review Transportation Development Impact Fees): • Milliken Avenue/Arrow Route—Add a northbound through _ lane,and an east bound through lane. _ • Milliken Avenue/4th Street—Add a third southbound lefitum lane; convert one eastbound right tum lane to a shared through/right tum lane; and, modify the signal phasing to provide right tum overlap phases for the northbound and westbound right tum movements. • Malaga Drive/Church Street—Install a traffic signal. _ Noise During all project site excavation and grading,the project contractors CP C Notes must be on A 4 shall equip all construction equipment,fixed or mobile,with property - grading plan operating and maintained mufflers consistent with manufacturers standards. The project contractor shall place all stationary construction equipment CP C _ Notes must be on A 4 so that emitted noise is directed away from sensitive receptors nearest grading plan the project site. The construction contractor shall locate equipment staging in areas CP C Notes must be on A 4 that will create the greatest distance between construction related grading plan - noise and the noise-sensitive receptors nearest the project site during _ all project construction. - During all project site construction,the construction contractor shall CP C Notes must be on A 4 limit all construction related activities that would result in high noise grading plan levels to between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday. No construction shall be allowed on Sundays and public holidays. Sound barriers of at least five feet in height must be erected around all CP D Verified by final- D 3 first floor private patios with any view of Church Street from buildings acoustical report 63-68. As an alternative, the applicant may choose to erect a continuous sound barrier of at least four feet in height along the proposed Church Street fence line;this alternative eliminates the need for individual sound barriers at each impacted first floor patio,and has the added benefit of mitigating nearly all of the project's ground level exterior living space to 65 dBA CNEL or less Sound barriers of at least five feet in height must be erected around all CP D Verified by final D 3 second floor private balconies with any view of Church Street in acoustical report Building 63. Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Sound barriers of at least four feet in height must be erected around all CP D Verified by final D 3 second floor private balconies with any view of Church Street from acoustical report buildings 64-68. All required sound barriers may be constructed using any of the CP D Verified by final D 3 following materials: masonry block, stucco on wood frame, 3/4-inch acoustical report plywood, 1/4-Inch glass or 1/2-inch LEXAN, earthen berm, or any combination of these materials or any material with a surface weight of at 3%pounds per square foot. Each completed noise barrier must present a solid face from top-to-bottom, no cutouts or openings are _ permitted. STC 28 glazing shall be used in all rooms with any view of Church CP D Verified by final D - 3 Street in buildings 63-68. This applies to all windows,sliding glass acoustical report and French doors in each specified room(even if the glazing directly face Church Street). All units adjacent to either Church Street or Terra Vista Parkway shall CP D Verified by final D 3 be equipped with a"summer switch"and outside ducting to the forced acoustical report air unit or by installing air conditioning at all such units. Key to Checklist Abbreviations _ Responsible PersonMonitorin Frequency,, Mefhod of Veriflcawion r .,E4 u , r Sanctions I ,,. 9., ss;; ,• CDD-Community Development Director or designee 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 I g cY Permit Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check - 3-Withhold Certificate of Occupancy SO-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 COMMUNITY DEVELOPMENT DEPARTMENT STANDARDCON DITIONS PROJECT#: SUBTT16157 SUBJECT: TENTATIVE TRACT— HOMECOMING AT TERRA VISTA APPLICANT: LEWIS APARTMENT COMMUNITIES LOCATION: NORTHWEST CORNER OF CHURCH STREET AT TERRA VISTA PARKWAY 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. 2. Approval of Tentative Tract No. SUBTT16157 is granted subject to the approval of Terra Vista Community Plan Amendment DRC2002-00533. 3. Copies of the signed Planning Commission Resolution of Approval No. 02-107, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 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, Development Code regulations, and the Terra Vista Community Plan. SC-08-02 1 Project No.SUBTT16157 Completion Date 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. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. , 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. 5. 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. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. Street names shall be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 8. Ttfe' Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attomey. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 9. 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. 10. The developer shall submit a construction access plan and schedule for the development of all lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concems, hours of construction activity, dust control measures, and security fencing. D. Parking and Vehicular Access (indicate details on building plans) 1. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. E. 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. SC-08-02 2 Project No.SUBTT16157 Completion Date 2. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 3. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 4. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 5. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. F. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. G. 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. H. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I . I. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. 2. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. SC-08.02 3 Project No.SUBTT16157 Completion Date J. Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: Street Name Curb& A.C. Side- Drive Street Street Comm Median Bike Other Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Bike Church Street X X X X Lane Bike Terra Vista Parkway X X X X Lane 2. 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 be installed to City Standards, except for single family residential lots. 3. 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. SC-08-02 4 Project No.SUBTT16157 Completion Date 4. Install street trees per City street tree design guidelines and standards as follows. The completed legend and construction notes shall appear on the title page of the street, improvement plans. _Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact Laura Bonaccorsi at extension 4023. Min. Street Name Botanical Name Common Name Grow Spacing Size' Qty. Space Magnolia Grandiflora 20' Fill Church Street "St. Ma NCN 3' O.C. 15 gal In Terra Vista Magnolia Grandiflora 20' Fill Parkway "St. Ma NCN 3' O.C. 15 gal In 'TREES SHALL BE 15-GALLON SIZE UNLESS OTHERWISE APPROVED. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Division. 4) Street trees are to be planted per public improvement plans only. 5. 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. K. 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. L. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. M. 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. - 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. SC-08-02 5 Project No.SUBTT16157 Completion Date N. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED I SC-08-02 6 FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-02-0596 PROJECT#: SUBTT16157 and DRC2001-00791 Homecoming at Terra Vista FIRE PROTECTION SYSTEM REQUIRED: Automatic Fire Sprinklers required throughout LOCATION: NWC Church and Terra Vista FD REVIEW BY: Steve Locati, Fire Protection Planning Specialist PLANNER: Debra Meier ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT. 3009, TO VERIFY COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date PLEASE CONTACT THE FIRE SAFETY DIVISION IMMEDIATELY REGARDING ITEMS IN SECTIONS "A"THROUGH "E" A. Outstanding Fire District Issues 1. The Fire District has previously provided the applicant with comments and technical requirements for this project. It the applicant has any questions regarding these comments or requirements they shall contact the Fire Safety Division. These conditions do not represent all technical requirements for issuance of construction or installation permits for this project.All comments, corrections, and conditions established by the Fire Safety Division shall be included in the construction of the project. It is the applicant's responsibility to contact the Fire Safety Division to resolve any questions. B. Fire District Fees 1. Incomplete -Unpaid Fees: This project has outstanding unpaid service fees in the amount of $ 214 that are due and payable at this time. To avoid delays in obtaining construction permits this matter must be resolved. Please remit payment by credit card or by check made payable to the"Rancho Cucamonga Fire District. The fees are due for the following development and planning review services: a. $82 Initial Review of commercial, industrial or multi-family residential projects b. $132 Fire District Review of Tract or Parcel Maps other than Single-family Residential Tract $214-Total due at this time. Remit payment by check made payable to the"Rancho Cucamonga Fire District" Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. 'Note: Separate plan check fees will be assessed by the Building and Safety/Fire Construction Services Unit for review of fire protection system plans and/or any consultant reviews upon submittal of plans. C. Community Facilities Districts Annexation 1. There are no Fire District annexation Issues for this project. D. Available Water Supply 1. Minimum Fire Flow: The required minimum fire flow for this project is 2000 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix III-A, as amended and Fire District Ordinances and Standards. Complete when required form Is received by the Fire District. 2. Available Fire Flow: Incomplete Until Required Form Is Received by Fire District.The Fire District requires proof of adequate fire flow for this project or portion thereof to be deemed as"complete." Inadequate fire flow available from the public water supply will necessitate changes in building design, such as, change in floor area, type of construction, or provide on- site water tank(s). Such changes would impact Planning approval of the project. a. The applicant shall provide evidence that required minimum fire flow is available from the water district serving the project. b. The Rancho Cucamonga Fire Protection District Water Availability for Fire Protection Form shall be signed by the Water District and submitted for approval by the Rancho Cucamonga Fire Protection District. c. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by the insufficient flow. d. A copy of the required form was previously provided to the applicant. E. Fire Access Issues 1. Location of Access: All portions of the structure or facility or any portion of the exterior wall of the first story shall be located within 150-feet of Fire District vehicle access,measured by an unobstructed approved route around the exterior of the building. Landscaped areas,unpaved changes in elevation,gates,and fences are considered an obstruction.The issues addressed in Section"E"may affect the location of roadways,driveways,walkways,sidewalks,doors and exterior openings,gates,etc. Changes in any of these areas will impact the approval of other agencies.Therefore,they must be addressed prior to Planning approval. 2. There are no outstanding"incompleteness"items related to FD access for this project. For outstanding technical issues see Section"GR-4"below. GENERAL REQUIREMENTS — Informational, Procedural, Technical, or Operational and Must be Included, Corrected or Completed As Noted GR-1 General Requirements for Public and Private Water Supply 1. Minimum Fire Flow: The required fire flow for this project is 2000 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix III-A, as amended. Please see "Water Availability" attachment for required verification of fire flow availability for the proposed project. Contact the Fire Safety Division (909)477-2770 GR-2 Private(Onsite) Water and/or Fire Sprinkler Underground Plans for Fire Protection 1. Exceeds Allowable Distance:When any portion of a facility or building is located more than 150-feet from a fire hydrant located on a public street, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. The distance is measured as vehicular path of travel on access roadways, not line of sight. Contact the Fire Safety Division 909 477-2770 GR-3 Automatic Fire Sprinkler Systems-Technical Comments 1. Required Installations: Rancho Cucamonga Fire District Ordinance 15 or other adopted code or standard, requires an approved automatic fire sprinkler system to be installed in any of the following: a. Multi-family residential structures Contact the Fire Safety Division (909)477-2770 GR-4 Fire District Site Access-Technical Comments 1. Gates Standards: All gates shall be installed in accordance with Fire District Standards. The following general design requirements apply: a. The gate shall be motorized and slide open horizontally or swing inward. b. All gates must fully open with one second for each one foot of required width, e.g., 20-ft./20 sec. c. When fully open the minimum width shall be 20-feet. d. Gates on access roads designated "Emergency Services Use Only"may be manually opening. e. Gates on Commercial/Industrial facilities may be manually operated. I f. After project approval the applicant shall contact the Fire Safety Division for complete standard. Contact the Fire Safety Division 909 477-2770 2. Restricted Residential Access Mitigation: The installation of gates and restricted access to residential developments may necessitate installation of approved automatic fire sprinkler systems. This condition applies to projects in the designated Hazardous Fire Area,when the Fire District determines that gates, other means of restricting access or conditions delaying response exists. Contact the Fire Safety Division (909)477-2770 3. Vegetation: 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 vehicles. Contact the Fire Safety Division (909)477-2770 4. Fire Lane Identification: All required fire lanes shall be identified by red curbing and signage. A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved. Contact the Rancho Cucamonga Fire Protection District at(909)477-2770 for a copy of the FD Fire Lanes standard. GR-12 Plan Submittal Required Notice Required plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical Code; Health and Safety Code; Public Resources Code; and RCFPD Ordinances FD 15 and FD32,Guidelines and Standards. NOTE: In addition to the fees due at this time please note that separate plan check fees for tenant improvements,fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. GR-14 Alternate Materials and Methods The Fire Safety Division will review requests for alternate materials and methods within the scope of our authority., The request must be submitted on the Fire District"Application for Alternate Method"form along with supporting documents. Contact the Fire Safety Division at 909 477-2770 for assistance. PRIOR TO ISSUANCE OF GRADING PERMIT- For Each Development Phase 1. Fire District Site Access Plan: Prior to the issuance of any grading permit the applicant shall submit a Fire District Site Access Plan to the Fire District for review and approval. The following, minimum information and detail shall be included a on a scaled site plan: a. All roadways shall be clearly indicated. Including roadway width, vertical clearances, cul-de-sac width,tum radii, curb cuts, angle of departure, grades, etc. b. For private roadways or drive aisles less than 40-feet or less in width where parking may be permitted, identify the location of proposed fire lanes. , c. Include a note stating all required fire lanes shall be identified by red curbing and signage. d. Include detail(s)to identify which of the methods set forth in the Fire District"Fire Lane"standard will be used to mark the fire lane. A copy of the Fire District"Fire Lane"Standard can be obtained by calling (909)477-2770. e. Roadway with a width of more than 40-feet parking is permitted on both sides. f. Roadway with a width of 324eet or more parking is permitted on one side only. g. The angle of departure and approach shall not exceed 9 degrees or 20 percent. h. The grade of any fire district access roadway shall not exceed 12 percent. i. If water plans have been approved, include fire hydrant and fire department connection locations. Contact the Fire Safety Division at 909 477-2770 for assistance. 2. All Gates: Prior to the issuance of any grading permits,the applicant shall submit and obtain the Fire Districts approval of the construction of any gate across required Fire District access roadways/driveways. A Fire District permit is required for installation of any gate or other device that will impede Fire District response. 3. Model Homes-Required Plans: Prior to issuance of any grading permit please identify the lots selected for construction of residential sales models on a scaled site plan. Include the location of required fire hydrants and fire district access roadways. The site plan shall be submitted to the Fire Safety Division for approval. Contact the Fire Safety Division (909)477-2770 PRIOR TO ISSUANCE OF BUILDING PERMITS-Complete the following: 1. Private/On-site Fire Hydrants: Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications,flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District standards. Contac the Fire Safety Division for a copy of"Fire District Notes for Underground and Water Plans."Contact the Fire Safety Division (909)477-2770 2. Public Fire Hydrants: Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District. On the plan show all existing fire hydrants within a 600- foot radius of the project. Contact the Fire Safety Division(909)477-2770 3. Combustible Construction Letter-Required Letter: Prior to the issuance of a building permit for combustible construction,the builder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-site. The roadway shall be maintained at all times.