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HomeMy WebLinkAbout13-05 - Resolutions RESOLUTION NO. 13-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECOMMENDING THE ADOPTION BY THE CITY COUNCIL OF GENERAL PLAN AMENDMENT DRC2012-00727, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM MIXED-USE TO MEDIUM HIGH RESIDENTIAL FOR 19.25 ACRES LOCATED ON THE SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0227-151-49 AND 50 A. Recitals. 1. Homecoming V at Terra Vista, LLC filed an application for the approval of General Plan Amendment DRC2012-00727, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 28th day of November 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Rather than taking action on the application, the Planning Commission remanded the item to the Design Review Committee for further review. It was noted that the item would be re-advertised for a future Planning Commission hearing. 3. On the 9th day of January 2013, 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. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the 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 November 28, 2012, and January 9, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 19.25-acre vacant project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive; and b. The applicant proposed the development site with a 306-unit market-rate rental condominium project; and C. The site is within Medium High Development District of the Terra Vista Community Plan and has a proposed density of 15.9 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre; and d. The site is bounded by a multi-family development to the north in the High (H) Residential Development District; a vacant lot to the south in the Community Commercial (CC) Development District; a senior housing development to the west in the Mixed Use (MHO) Development PLANNING COMMISSION RESOLUTION NO, 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 2 District; and a single-family residential development to the east in the Low Medium (LM) and Medium (M) Development District; and e. The applicant requests to amend the General Plan in order to change the land use designation from Mixed Use to Medium High Residential, in line with the Terra Vista Community Plan; and f. The General Plan development designation for the project site was changed from Medium High (MH) residential to Mixed Use (MU) with the 2010 General Plan Update. As part of the 2010 Update, the City identified large vacant parcels along Foothill Boulevard as potential mixed use sites in order to encourage the creation of transit oriented developments; and g. The subject 19.25-acre site, along with the 28-acre parcel to the south, was designated as Mixed Use Planning Site #8. The intent was for the entire site to be developed as an integrated mixed use center with an urban village setting, including pedestrian friendly gridded street network, large public spaces, and surface parking located behind the buildings; and h. Walmart purchased the entire site prior to the adoption of the new General Plan with the intent on developing a large retail store and selling off the residentially designated 19.25 acres to another developer. Both Walmart and the applicant would like to develop the site in conformance with the Terra Vista Community Plan; and i. Neither wishes to develop an integrated mixed use project as outlined in the General Plan. The proposed layout will provide a buffer between the existing residential developments to the east, west, and north and the proposed commercial uses to the south; and j. The project also includes an associated Development Review (DRC2012-00726) and Tentative Tract Map (SUBTT18856). 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 proposed project is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and b. The proposed design or improvements are 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 project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 3 Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The 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 recommends to the City Council approval of the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planninq Department 1) Approval is to change the General Plan land use designation for the site from Mixed Use to Medium High Residential in order to construct a 306-unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan -APN: 0227-151-49 and 50. 2) The approval of DRC2012-00727 is subject to final approval by the City Council. PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 4 Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) The project will comply with Global Climate Change Minimization Measure GCC-1 and incorporate the measures outlined in the Greenhouse Gas Emissions and Global Climate Change Study (LSA, August 2012) and provide verification of compliance prior to approval of building permits. 5) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 6) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 5 • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 7) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 8) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 9) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 11) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 12) Provide preferential parking to high occupancy vehicles and shuttle services. 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 15) Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 16) All residential structures shall be required to incorporate high- efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 17) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. 18) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 6 Biological Resources 1) The applicant shall perform a pre-construction burrowing owl survey 30 days prior to the beginning of site grading. All survey recommendations shall be implemented and verified by a licensed biologist prior to a Grading Permit being issued. Cultural Resources 1) A Treatment and Disposition agreement shall be entered into between the Soboba Band and the applicant prior to a grading permit being issued. 2) An archeologist shall regularly monitor the project site during any grading activities. If any prehistoric archaeological resources are encountered before or during grading, the applicant shall take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 3) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 7 • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Greenhouse Gasses 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contactor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 8 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install solar or light emitting diodes (LED's) for outdoor lighting 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 9 Hydrology and Water Quality 1) Prior to issuance of Grading Permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole & Associates, Inc. (September, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits. 7) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official 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. PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 10 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site excavation and grading on the site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. 3) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 4) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 5) The construction contractor shall obtain the City's approval for its haul plan, with the planed haul truck routes avoiding residential areas to the extent feasible. The developer shall provide/install the following items (6-9) for the purposes of noise mitigation: 6) Along Church Street: • A sound wall along the northwestern property line of the project with a minimum height of 8 feet above the pad elevation or along the perimeter of ground-floor patios of the multi-family building that can be a combination of berms and concrete masonry units. • A 5-foot high wall along the balcony/decks directly exposed to Church Street and within 83 feet of the Church Street centerline. The sound wall can be constructed with a combination of wood and Plexiglas, with no gaps. PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 11 7) Along Church Street: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Church Street with direct line of sight to Church Street traffic. 8) Along Mayten Avenue: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Mayten Avenue with direct line of sight to Mayten Avenue traffic. 9) Along Malaga Drive: • A mechanical ventilation system such as a mechanical fan or air conditioning system for all residential buildings along Malaga Drive with direct line of sight to Malaga Drive traffic. 10) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 11) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. 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. 12) The perimeter block wall shall be constructed as early as possible in first phase. 13) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 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 and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. PLANNING COMMISSION RESOLUTION NO. 13-05 DRC2012-00727 — HOMECOMING V AT TERRA VISTA, LLC January 9, 2013 Page 12 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: PL— CaIn—dyce $urnett, Senior Planner I, Candyce Burnett, Senior Planner 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 9th day of January 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, MUNOZ ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT M DRC2012-00727, SUBTT18856, DRC2012-00726, AND DRC2012-00759 SUBJECT: DEVELOP,ENT REVIEW AND TENTATIVE TRACT MAP APPLICANT: HOMECOMING V AT TERRA VISTA, LLC ON THE SOUTH SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA LOCATION: DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN -APN: 0227-151-49 AND 50 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 altemative,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. 18856 is granted subject to the approval of DRC2012-00727. 3. Copies of the signed Planning Commission Resolutions of Approval Nos. 13-03, 13-04, 13-05, and 13-06,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. 4. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration -$ 2,206.25 X 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 Engineering Services Department within 3 years from the date of the approval. Project Nos, DRC2012-00727, SUBTT18856, DRC2012-00726,AND ORC2012-00759 Completion Date 2. Development/Design Review 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, and the Terra Vista Community Plan. 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. 5. 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. A detailed on-site lighting plan, including a photometric diagram,shall be reviewed and approved by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location,height,and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. 9. Trash receptacle(s)are required and shall meet City standards. The final design, locations,and _/_/_ the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 11. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 2 Project Nos. DRC2012-00727,SUBTT18856, DRC2012-00726,AND DRC2012-00759 Completion-Date 13. The Covenants, Conditions, and Restrictions (CCBRs) and Articles of Incorporation of the Homeowners'Association are subject to the approval of the Planning and Engineering Services Department and the City Attorney. 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 Department 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. 14. 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 Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. 15. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail,all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 16. For multiple family development, a minimum of 125 cubic feet of exterior lockable storage space shall be provided. 17. For residential development, recreation area/facility shall be provided as required by the Development Code. D. Building Design 1. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of building permits. 2. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 3. For all residential development, provide conduit from each unif/lot and a pull box to connect to the street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB). Plans shall be submitted for Planning Director and Building Official review and approval prior to issuance of building permits. E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 3 Project Nos. DRC2012-00727,SUBT1778856, DRC2012-00726,AND DRC2012-00759 Completion Date 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, and exits shall be striped per City standards. 5. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. 6. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and _/_/_ Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. F. Landscaping 1. A minimum of 50 trees per gross acre, comprised of the following sizes,shall be provided within the project: 5%-48-inch box or larger 5%-36-inch box or larger, 20% -24- inch box or larger, and 70% - 15-gallon. 2. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 3. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq.ft.of slope area, 1-gallon or larger size shrub per each 100 sq.ft.of slope area,and appropriate ground cover. In addition,slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 5. For multi-family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition,and shall receive regular pruning,fertilizing,mowing, and trimming. Any damaged,dead, diseased,or decaying plant material shall be replaced within 30 days from the date of damage. 6. The final design of the perimeter parkways,walls,landscaping,and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 7. 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. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 4 Project Nos. DRC2012-00727,SUBTT18856,DRC2012-00726,AND DRC2012-00759 Completion Date 9. Tree maintenance criteria shall be developed and submitted for Planning Director review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 10. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping as defined in Ordinance 823 of the Rancho Cucamonga Municipal Code G. Environmental 1. A final acoustical report shall be submitted for Planning Director review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate,verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes. 3. 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 Planning Director in the amount of$557 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. 4. In those instances requiring long term monitoring(i.e.)beyond final certificate of occupancy),the applicant shall provide a written monitoring and reporting program to the Planning Director prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. H. Other Agencies 1. The applicant shall contact the U.S. Postal Serviceto 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 Planning Director review and approval prior to the issuance of building permits. 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) I. General Requirements 1. Submit five complete sets of plans including the following: _/_/_ a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; 5 Project Nos. DRC2012-00727.SUBTT18856, DRC2012-00726,AND DRC2012-00759 Completion Date 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; f. 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 (i.e., DRC2012-00727, SUBTT18856, DRC2012-00726, and DRC2012-00759) clearly identified on the outside of all plans. 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. 4. Separate permits are required for fencing and/or walls. J. 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(i.e., DRC2012-00727, SUBTT18856,DRC2012-00726,and DRC2012-00759). 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 residential project or major addition,the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and 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. Prior to issuance of occupancy for a new residential 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, and Transportation Development Fee. 4. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 5. 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. 6. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). K. 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. 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 6 Project Nos. DRC2012-00727, SUBTT18856, DRC2012-00726,AND DRC2012-00759 Comoletion Date 5. Provide draft stops in attics in line with common walls. 6. Roofing materials shall be Class"A." / / 7. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 8. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. 9. If the area of habitable space above the first floor exceeds 3,000 square feet, then the construction type shall be V-1 Hour minimum. 10. Walls and floors separating dwelling units in the same building shall be not less than 1-hour /_/_ fire-resistive construction. 11. Provide smoke and heat venting in accordance with CBC Section 906. 12. Upon tenant improvement plan check submittal, additional requirements may be needed. L. 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. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. 2. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 3. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on the final map. 4. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the C ity. 7 Project Nos. DRC2012-00727,SUBTT18856, DRC2012-00726,AND DRC2012-00759 Completion Date N. Street Improvements 1. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy,fuel or power to any building or structure 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, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval,as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings,structures or units be connected to energy sources priorto completion and acceptance of all improvements required by these conditions of development approval. 2. Construct the following perimeter street improvements including, but not limited to: Curb a A.C. Side Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Church Street X X Mayten Avenue X X (e) X Malaga Drive 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. 3. 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 Engineering Services Department 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 a Project Nos. DRC2012-00727, SUBTT18856,DRC2012-00726,AND DRC2012-00759 Completion Date 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. Access ramps for the disabled 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. Acash 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. 4. 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. 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 Engineering Services Department 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 t]ty. Church Street Magnolia grandiflora NCN 3' 20'O.C. 15 Gal "St.Mary Mayten Avenue Eriobortrya deflexa Bronze Loquat Tree 3' 25'O.C. 15 Gal Malaga Drive Koelreuteria particulate Goldenrain Tree 5' 35'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 Services Department. 4) Street trees are to be planted per public improvement plans only. 6. Add the following note to any private landscape plans that show street trees: "All improvements within the public right-of-way, including street trees,shall be installed per the public improvement plans." If there is a discrepancy between the public and private plans, the street improvement plans will govern. 9 Project Nos. DRC2012-00727,SUB7T78856, DRC2012-00726,AND DRC2012-00759 Completion Date O. 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 Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be bome by the developer. P. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. Q. 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. s 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(CVWD), Rancho Cucamonga Fire Protection District,and the f he County of San Bernardino. A letter of compliance from Environmental Health Departmento t ty P the CVWD 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. 5. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. R. 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. 2. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall _/_!_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to the Building and Safety Services Department. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. 10 Project Nos. DRC2012-00727, SUBTT18856, DRC2012-00726,AND DRC2012-00759 Completion Date APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: See Resolution 11