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HomeMy WebLinkAbout07-09 - Resolutions RESOLUTION NO. 07-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2005-00443, A REQUEST TO REDUCE THE MINIMUM LOT DEPTH STANDARD TO LESS THAN 200 FEET IN THE VERY LOW RESIDENTIAL DISTRICT (.1 TO 2 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF WILSON AVENUE, WEST OF SYCAMORE COURT, APPROXIMATELY 600 FEET WEST OF HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0201-182-28. A. Recitals. 1. Jones Covey Group filed an application for the approval of Variance DRC2005-00443,as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 28th day of February 2007, 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 by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on February 28, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application is related to Tentative Parcel Map SUBTPM17434 which applies to a parcel of about 130,240 square feet (2.99 acres) within the Very Low Residential District, located on the south side of Wilson Avenue, about 600 feet west of Haven Avenue; and b. The subject property is an L-shaped parcel about 300 feet east-west by about 450 feet north-south. The subject site is vacant and is generally characterized by relatively large, overgrown shrub and grasses; and C. The application contemplates the reduction in the lot depth of Lot 1 of SUBTPM17343 from 200 feet to 165 feet; and d. Lot 1 will comply with all of the City's Basic Development standards except depth; and e. Lots 2, 3, and 4 will comply with all of the City's Basic Development standards for lot dimensions including area, depth, and width; and PLANNING COMMISSION RESOLUTION NO. 07-09 VARIANCE DRC2005-00443—JONES COVEY GROUP February 28, 2007 Page 2 f. The applicant has not submitted any applications to develop the site. Any proposals for a subdivision and construction of residential structures on these parcels will be subject to review and action by the Planning Commission or the Planning Director at a later date —these parcels will remain vacant until then; and g. All lots will have direct access to a public right-of-way. Lots 1 and 2 will have access to an extension of Tamarind Court while Lots 3 and 4 will have access to an extension of Cabrosa Place. 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. The strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the . Development Code. The depth of Lot 1 is restricted by the alignment of Tamarind Court and a vacant parcel immediately to the south. Shifting the alignment of the proposed street northward is not possible as it is an extension of an existing segment entering the site from Tract 16237 to the east. Note that the design of the cul-de-sac is a modification to the City's standards that was made to allow Lot 1 to be as deep as possible; utilizing the standard design would have caused Lot 1 to be only about 150 feet deep; and b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the Very Low Residential District. The overall project is an "in-fill" project surrounded by properties that were subdivided (or the application to subdivide was submitted) prior to the adoption of the ordinance requiring a minimum lot depth of 200 feet in late 2001. As a result, the lots immediately surrounding the subject site, excepting the two southernmost lots of the tract to the east, are about 160 to 180 feet in depth; and C. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Low Residential District. The applicant would be required to significantly alter the proposed design parcel map to comply with this regulation. The only alternative that exists would be to eliminate Lot 1 altogether; and d. The granting of the Variance will not constitute a grant of special privilege because there are unique site conditions. The project site is surrounded by developed parcels, flexibility on the design of Tamarind Avenue is restricted by technical requirements, and there are no practical alternatives, i.e. the lot depth of Lot 1 cannot be increased by reducing the number of lots or decreasing the size of one of the other lots; and e. The granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity because the project has been designed to take into account the orientation of neighboring lots, the locations of structures on these lots, and the grade differences that exist between the subject property and the adjacent lots. The characteristics of the surrounding neighborhood will be preserved. PLANNING COMMISSION RESOLUTION NO. 07-09 VARIANCE DRC2005-00443 — JONES COVEY GROUP February 28, 2007 Page 3 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,togetherwith all written and oral reports included forthe environmental assessment for the application, the Planning Commission finds thatthere is no substantial evidence thatthe project will have effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto and incorporated herein by the reference, based upon the finding as follows: 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 Planning Commission 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 Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission 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 Planning Commission 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 Planning Commission'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 Commission hereby approves the application subject to each and every condition set forth below. PLANNING COMMISSION RESOLUTION NO. 07-09 VARIANCE DRC2005-00443 —JONES COVEY GROUP February 28, 2007 Page 4 Planning Department 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 the applicant of his obligations under this condition. 2) The Variance approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF FEBRUARY 2007. PLANVNGCO,,ISSION OF THE CITY OF RANCHO CUCAMONGA BY: Stewart, Chairman ATTEST: R Ja s R. Troyer, AICP, SecFetary I, James R. Troyer, 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 28th day of February 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS City of Rancho Cucamonga n MITIGATION MONITORING PROGRAM Project File No.: TENTATIVE PARCEL MAP SUBTPM17343 AND VARIANCE DRC2005-0443 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 betaken 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 Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program TENTATIVE PARCEL MAP SUBTPM17343 AND VARIANCE DRC2005-00443 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 City's 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 III) Project File No.: SUBTPM17343 AND DRC2005-00443 Applicant: ASSOCIATED ARTS Initial Study Prepared by: MIKE SMITH, ASSOCIATE PLANNER Date: January 22, 2007 ResponsibleMitigation Measures No. of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Air Quality All construction equipment shall be maintained in good CP C Review of plans A/C 2/4 operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per man ufacturers'specifications. Maintenance records shall be available at the construction site for City verification. Prior to the issuance of any grading permits, developer PD/BO C Review of plans C 2 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. All paints and coatings shall meet or exceed PD C Review of plans A/C 2/4 performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. All asphalt shall meet or exceed performance standards BO B Review of plans A/C 2 noted in SCAQMD Rule 1108. All construction equipment shall comply with SCAQMD BO C Review of plans A/C 2/4 Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering. 1 of 8 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action for Monitoring Frequency Verif!cation Verification Date/initials Non-Compliance • Pave or apply gravel to any on-site haul roads. BO C Review of plans A/C 2/4 • Phase grading to prevent the susceptibility of large BO C Review of plans A/C 2/4 areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of BO C Review of plans A/C 2/4 exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in BO C Review of plans A 4 accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established BO C During A 4 by the City if silt is carried over to adjacent public construction thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. • Suspend grading operations during high winds (i.e., BO C During A 4 wind speeds exceeding 25 mph) in accordance with construction SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4 haul trucks or cover payloads using tarps or other Construction suitable means. The site shall be treated with water or other soil- BO C During A 4 stabilizing agent (approved by SCAQMD and Regional construction Water Quality Control Board[RW QCB])daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,a emissions. The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel-powered equipment where feasible. The construction contractor shall ensure that BO C Review of plans A/C 2/4 construction-grading plans include a statement that work crews will shut off equipment when not in use. 2 of 8 Mitigation Measures No. Responsible . . of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances,and water heaters. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate thermal pane windows and weather-stripping. Cultural Resources 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 PD/BO C Review of report A/D 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require PD/BO C Review of report A/D 3/4 incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the area's PD/BO C Review of report A/D 3/4 archaeological heritage. • Propose mitigation measures and recommend PD/BO C Review of report A/D 3/4 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, PD C Review of report A/D 3/4 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. 3 of 8 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance If any paleontological resource (i.e. plant or animal PD B Review of report A/D 4 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 PD B Review of report A/D 4 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 BO B/C Review of report A/D 4 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, an accurate all recovered fossils PD D Review of report D 3 for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho PD D Review of report D 3 Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils The site shall be treated with water or other soil- BO C During A 4 stabilizing agent(approved by SCAQMD and RWQCB) construction daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 4 of 8 Mitigation Measures No. Responsible of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PM,o construction emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon the time of year of construction. Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PM,o emissions construction from the site during such episodes. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Hydrology and Water Quality Prior to issuance of grading permits,the permit applicant BO B/C/D Review of plans A/C 2/4 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. An Erosion Control Plan shall be prepared, included in BO B/C/D Review of plans A/C 2/4 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. 5of8 Mitigation Measures No. Responsible Implementing Action for Monitoring Frequency Verification Verification Date Anitials Non-Compliance During construction, temporary berms such as BO B/C/D Review of plans A/C 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. During construction, to remove pollutants, street BO B/C/D Review of plans A/C 2/4 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. The developer shall implement the BMPs identified in CE B/C/D Review of plans A/C 2/4 the Water Quality Management Plan prepared by Mayers & Associates Civil Engineering, Inc. on February 2,2006,to reduce pollutants after construction entering the storm drain system to the maximum extent practical. Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4 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. Prior to issuance of building permits,the applicant shall CE B/C/D Review of plans A/C 2/4 submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (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. 6 of 8 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for MonitoringImplementing Action for . Prior to issuance of grading or paving permits,applicant BO B/C/D Review of plans A/C 2/4 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 Construction or grading shall not take place between the BO C During A 4 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. Construction or grading noise levels shall not exceed the BO C During A 4 standards specified in Development Code Section construction 17.02.120-D, as measured at the property line. 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. The perimeter block wall shall be constructed as early PD C During A A as possible in the first phase. construction 7 of 8 MonitoringMitigation Measures No. Responsible of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance truck deliveries shall not take place between the PO/BO C During A 4/7 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction 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. Mandatory Findings of Significance Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification Sanctions CDD-Community Development Director or designee A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map PD—Planning Director 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 7-Citation i:\planning\final\ceqa\mmchklst-revl-05final.doc 8 of 8 COMMUNITY DEVELOPMENT DEPARTMENT . Tz rz STANDARD CONDITIONS PROJECT #: ' VARIANCE DRC2005-00443 SUBJECT: VARIANCE APPLICANT: JONES CONVEY GORUP LOCATION: SOUTHSIDE OF WILSON AVENUE, WEST OF HAVEN AVENUE —APN: 0201-182-28 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (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. Copies of the signed Planning Commission Resolution of Approval No. 07-09, 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. Variance approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 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 Department,the conditions contained herein, Development Code regulations. SC-1-05 1 I:\PLANNINGTINAL\PLNGCOMM\2007 Res&Stf Rpt\DRC2005-00443StdCond 2-28.doc Project No. DRC2005-00443 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 Planning Director. 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 Department 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 Planning Director 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) D. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; I. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number(DRC2005-00443)clearly identified on the outside of all plans. h. Separate permits are required for fencing and/or walls. i. All sheets must be marked: NOT FOR CONSTRUCTION. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 2 I:\PLANNING\FINAL\PLNGCOMM\2007 Res&SN Rpt\DRC2005-00443StdCond 2-28.doc Project No. DRC2005-00443 Completion Date 4. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Building and Safety Department staff for information and submittal requirements. E. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(DRC2005-00443). The applicant shall comply with the latest adopted California Codes,and all other applicable codes,ordinances,and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or major addition,the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee,Transportation Development Fee, Permit and Plan Check Fees,and School Fees. The applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. The Building and Safety Official shall provide the street addresses after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. F. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. G. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/ /_ time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. 3 I:\PLANNING\FINAL\PLNGC0MM\2007 Res&Sit Rpt\DRC2005-00443StdCond 2-28.doc Project No. DRC2005-00443 Completion Date H. Additional Requirements/Comments 1. Note on title sheet that plans must be submitted for plan check and be approved prior to construction. The applicant shall comply with the latest adopted California Codes, and all other applicable codes,ordinances,and regulations in effect at the time of permit application. Contact the Building and Safety Department if you have any questions about the procedure at (909) 477-2710. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, _/_/_ community trails,public paseos,public landscape areas,street trees,traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. . 2. Dedication shall be made of the following rights-of-way on the perimeter streets(measured from street centerline): 52 total feet on Wilson Avenue. 3. Corner property line cutoffs shall be dedicated per City Standards. 4. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the _/_/_ final map. 5. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. J. Street Improvements 1. All public improvements(interior streets,drainage facilities,community trails,paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to,curb and gutter,AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Pursuant to City Council Resolution No.88-557,no person shall make connections from a source of energy,fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council,except:that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 4 I:\PLANNING\FINAL\PLNGC0MM\2007 Res&St(RpADRC2005-00443SWCond 2-28.doc Project No.DRC2005-00443 Completion Date 3. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Wilson Avenue X X X X X X (g) Tamarind Drive X X X X X X (e)(f) Cabrosa Place X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Cul-de-sac. (f) Curbside drain outlet. (g) ADA access ramps. 4. 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 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. h. Street names shall be approved by the Planning Director prior to submittal for first plan check. 5. 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. 5 I:\PLANNING\FINAL\PLNGC0MM\2007 Res&Stf Rpt\DRC2005-00443StdCond 2-28.doc Project No. DRC2005-00443 Completion Date 6. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." 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 the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size city. Cabrosa Place Lagerstoemia indica Crape Myrtle Hybrid-White 3 ft. 20 ft.o.c. 24-inch Fill-in "Natchez" Tamarind Drive Sophora japonica Japanese Pagoda Tree 5 ft. 30 ft.o.c. 15-gal. Wilson Avenue P.A.less than 8 ft. Lagerstroemia indica Crape Myrtle Hybrid- 3 ft. 20 ft.o.c. 24-inch "Muskogee" Lavender P.A.8 ft.or greater Cinnamomum camphora Camphor Tree 8 ft. 30 ft o.c. 15-gal. 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 Department. 4) Street trees are to be planted per public improvement plans only. 7. 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 separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements,trails or other areas shall be annexed into the Landscape Maintenance District: Wilson Avenue trail. 2. Public landscape areas are required to incorporate substantial areas(40%)of mortared cobble or other acceptable non-irrigated surfaces. 3. 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. 4. All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. 6 I:\PLANNING\FINAL\PLNGC01V1M\2007 Res&Stf Rpt\DRC2005-00443StdCond 2-28.doc Project No.DRC2005-00443 Completion Date 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. M. Improvement Completion 1. If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for: All public improvements. N. 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 Valley Water District(CVW D), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D 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. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. O. 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 DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 7 I:\PLANNINGTINAL\PLNGCOMM\2007 Res&SN Rpt\DRC2005-00443StdCond 2-28.doc ,w Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS June 8, 2005 Randy Davis Tract 17343 (4) Parcel Map Subdivision SUBTPM17343 and DRC2005-00443 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in single-family residential projects is 500 feet. No portion of the exterior wall facing the addressed street shall be more than 250 feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 200 feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential project from the public roadways. ii. At intersections. iii. On the right side of the street, whenever practical and possible. iv. As required by the Fire Safety Division to meet operational needs of the Fire District. V. A minimum of 40 feet from any building. FSC-2 Fire Flow 1. The required fire flow for this project is 2,000 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 adopted by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Firewater plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until firewater plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1 . All structures that do not meet Fire District access requirements (see Fire Access). 2. When required fire flow cannot be provided due to inadequate volume or pressure. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets, and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access — Fire Lanes Standard 9-7. 1. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26 feet. b. The maximum inside turn radius shall be 20 feet. C. The minimum outside turn radius shall be 46 feet. d. The minimum radius for cul-de-sacs is 45 feet. e. The minimum vertical clearance is 14 feet, 6 inches. f. At any private entry median, the minimum width of traffic lanes shall be 20 feet on each side. g. The angle of departure and approach shall not exceed 9 degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12 percent. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). 2 j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 2. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1. The following design requirements apply: a. All automatic gates shall be provided with a Fire District approved, compatible traffic pre-emption device. The devices shall be digital. Analog devices are not acceptable. Devices shall be installed in accordance with the manufacturer's instructions and specifications. b. Vehicle access gates shall be provided with an approved Fire District Knox Key Switch. C. The key switch shall be located outside and immediately adjacent to the gate for use in the event that the traffic pre-emption device fails to operate. d. A traffic loop device must be installed to allow exiting from the complex. e. The gate shall remain in the open position for not less than 20 minutes and shall automatically reset. 3. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1 . Private Water Supply (Fire) Systems: 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. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Department and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 3 2. Public Water Supply (Domestic/Fire) Systems: 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 CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard # 9-8. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14 feet, 6 inches above•the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 4 The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 4. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 5