HomeMy WebLinkAbout94-63 - Resolutions RESOLUTION NO. 94-63
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
VICTORIA COMMUNITY PLAN AMENDMENT 94-02, TO MODIFY THE
COMMUNITY PLAN TEXT PERTAINING TO THE CONSTRUCTION OF
ELLENA PARK, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Victoria Community Plan Amendment No. 94-02, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Victoria Community
Plan Amendment is referred to as "the application. "
2. On the 13th day of July 1994, 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 substantial evidence presented to this Commission
during the above-referenced public hearing on July 13, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
a. This amendment does not conflict with Land Use Policies of
the General Plan and will provide for development, within the district, in a
manner consistent with the General Plan and with related development; and
b. This amendment does promote the goals and objectives of the
Land Use Element; and
c. That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. That the proposed amendment will not be detrimental to the
objectives or the General Plan or the Development Code; and
e. The Victoria Community Plan calls for construction of Ellena
Park prior to the completion of the 200th dwelling unit in the Vineyards South
Village; and
PLANNING COMMISSION RESOLUTION NO. 94-63
VCPA 94-02 - CITY OF RANCHO CUCAMONGA
July 13, 1994
Page 2
f. The cost of construction of the 6.5 acre Ellena Park is
estimated at $1.1 million; and
g. The Merchant Builders of Victoria Vineyards South Village pay
park development fees into an escrow account established by the William Lyon
Company; and
h. At the issuance of the 200th building permit in the Vineyards
South Village there will not be adequate funds to complete the Ellena Park
improvements; and
i. Because of current funding constraints, the Merchant Builders
are proposing to complete the Ellena Park improvements in two phases; and
j. In order to provide adequate funding for the completion of
Phase I of Ellena Park the number of building permits must be increased from
200 to 350 and the number of permits issued in order to complete final
improvements must be increased to 450.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and
concludes as follows:
a. That the proposed amendment would not have significant
impacts on the environment nor the surrounding properties; and
b. That the proposed amendment is in conformance with the
General Plan.
4. This Commission hereby finds that the project has been prepared
and reviewed in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, and further,
specifically finds that based upon substantial evidence, it can be seen with
certainty that there is no possibility that the proposed amendment will have a
significant effect on the environment and, therefore, the proposed amendment
is exempt pursuant to State CEQA Guidelines, Section 15061(b) (3) .
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga
hereby recommends that the City Council approve and adopt Victoria Community
Plan Amendment 94-02 to modify the Community Plan Text for the completion of
Ellena Park as follows:
(1) Condition #4 of "Parks/Open Space" of Resolution
No. 81-37 is hereby amended to add the following:
"Ellena Park, within the Victoria Vineyards South
Village, shall be built in two phases. Phase 1 shall
be constructed prior to the issuance of the 351st
PLANNING COMMISSION RESOLUTION NO. 94-63
VCPA 94-02 - CITY OF RANCHO CUCAMONGA
July 13, 1994
Page 3
building permit within the village and the entire park
shall be completed prior to the issuance of the the
451st building permit. The park shall be dedicated to
the City in a completed form and shall include
installed parking , area, turf area, picnicking
amenities, tot lot, volleyball court, basketball
courts, improved ball field, irrigation and rest
rooms. Park design shall be to the satisfaction of
the Director of Community Development and consistent
with the Victoria Community Plan and reviewed and
approved by the Planning Commission."
(b) That the Planning Commission of the City of Rancho Cucamonga
hereby recommends approval of Victoria Community Plan Amendment 94-02 to
modify the Victoria Community Plan for the construction of Ellena Park per the
attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND : I.• I THIS 13TH DAY OF JULY 1994.
Ow
PLANN Fr U SSION OF THE ' OF RANCHO CUCAMONGA
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BY: U 1`_A�r �
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ATTEST: ligils
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Brad -, s gir
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 13th day of July 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP,,,MCNIEL, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN
AMENDMENT 94-02, TO MODIFY THE COMMUNITY PLAN TEXT
PERTAINING TO THE CONSTRUCTION OF ELLENA PARK, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) On July 13, 1994, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing with respect to the above-
referenced Victoria Community Plan Amendment. Following the conclusion of
said public hearing the Planning Commission adopted Resolution No. 94-63,
thereby recommending that the City Council adopt Victoria Community Plan
Amendment No. 94-02.
(ii) On 1994, the City Council of the City of
Rancho Cucamonga conducted a duly noticed public hearing and concluded said
hearing prior to its adoption of this Ordinance.
(iii) All legal prerequisites prior to the adoption of this
Resolution have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga ordains as follows:
Section 1: This Council hereby specifies and finds that all of the
facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
Section 2: The Rancho Cucamonga City Council finds as follows:
a. The proposed amendment would not have significant adverse impacts
on the environment nor the surrounding properties; and
b. The proposed amendment is in conformance with the General Plan.
Section 3: This Commission hereby finds that the project has been
reviewed and considered in compliance with the California Environmental
Quality Act of 1970, as amended, and the Guidelines promulgated thereunder,
and further, specifically finds that based upon substantial evidence, it can
be seen with certainty that there is no possibility that the proposed
amendment will have a significant effect on the environment and, therefore,
the proposed amendment is exempt pursuant to State CEQA Guidelines,
Section 15061(b) (3) .
Section 4: The City Council of the City of Rancho Cucamonga hereby
approves the Victoria Community Plan Amendment 94-02 to modify the Community
Plan Text for the completion of Ellena Park as follows:
CITY COUNCIL ORDINANCE NO.
VCPA 94-02 - CITY OF RANCHO CUCAMONGA
Page 2
a. Condition #4 of "Parks/Open Space" of Planning Commission
Resolution No. 81-37, adopted by City Council Ordinance
No. 143, is hereby amended to add the following:
"Ellena Park, within the Victoria Vineyards South Village,
shall be built in two phases. Phase 1 shall be constructed
prior to the issuance of the 351st building permit within the
village and the entire park shall be completed prior to the
issuance of the the 451st building permit. The park shall be
dedicated to the City in a completed form and shall include
installed parking area, turf area, picnicking amenities, tot
lot, volleyball court, basketball courts, improved ball
field, irrigation and rest rooms. Park design shall be to
the satisfaction of the Director of Community Development and
consistent with the Victoria Community Plan and reviewed and
approved by the Planning Commission."
Section 5: The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be published within fifteen (15) days
after its passage at least once in the Inland Valley Daily Bulletin, a
newspaper of general circulation published in the City of Ontario, California,
and circulated in the City of Rancho Cucamonga, California.
PASSED, APPROVED AND ADOPTED THIS _ DAY OF 1994.
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STANDARD CONDITIONS
PROJECT#: �%VbifOM4L. /A,/ C4'.7" 94(–/5
SUBJECT: r f e�y a e- 7,4l ,Q
APPLICANT: ar &'S4. , /wc.
LOCATION: gr.0o L44Q0.14/ ArE
Those items checked are Conditions of Approval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION , (909) 989-1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Tim e Limits completion Date
i / 1. Approval shall expire,unless extended by the Planning Commission, if building permits are —»-
not issued or approved use has not commenced within 24 months from the date of approval.
2. Development/Design Review shall be approved prior to / / . JJ-
3. Approval of Tentative Tract No. is granted subject to the approval of JJ_
4. The developer shall commence,participate in,and consummate or cause to be commenced, J_/—
participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of
a fire station to serve the development. The station shall be located, designed, and built to
all specifications of the Rancho Cucamonga Fire Protection District, and shall become the
District's property upon completion. The equipment shall be selected by the District in
accordance with its needs. In any building of a station, the developer shall comply with all
applicable laws and regulations. The CFD shall be formed by the District and the developer
by the time recordation of the final map occurs.
5. Prior to recordation of the final map or the issuance of building permits, whichever comes /_/____.
first, the applicant shall consent to, or participate in, the establishment of a Mello-Roos
Community Facilities District for the construction and maintenance of necessary school
facilities. However, if any school district has previously established such a Community
Facilities District,the applicant shall, in the alternative, consent to the annexation of the
project site into the territory of such existing District prior to the recordation of the final map
or the issuance of building permits,whichever comes first. Further, if the affected school
district has not formed a Mello-Roos Community Facilities District within twelve months from
the date of approval of the project and prior to the recordation of the final map or issuance
of building permits for said project, this condition shall be deemed null and void.
SC - 12/93 1 of#J,3
Protect\oar14 /✓
Completion Date:
This condition shall be waived if the City receives notice that the applicant and all affected
school districts have entered into an agreement to privately accommodate any and all school
impacts as a result of this project.
6. Prior to recordation of the final map or prior to issuance of building permits when no map is / /_
involved,written certification from the affected water district that adequate sewer and water
facilities are or will be available to serve the proposed project shall be submitted to the
Department of Community Development. 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 issuance
of permits in the case of all other residential projects.
B. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which J�-
include site plans, architectural elevations, exterior materials and colors, landscaping,sign
program, and grading on file in the Planning Division, the conditions contained herein,
Deve�lopment Code regulations, and
TA/D4 gT,+?'4-1_ Specific Plan and
Planned Community.
2. Prior to any use of the project site or business activity being commenced thereon, all / /
Conditions of Approval shall be completed to the satisfaction of the City Planner.
3. Occupancy of the facility shall not commence until such time as all Uniform Building Code and _1_1_
State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance. The building shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_
submitted for City Planner review and approval prior to 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 _1_1_
Code, all other applicable City Ordinances, and applicable Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
7. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and _1_1
Sheriff's Department (989-6611) 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, _1_1_
and the number of trash receptacles shall be subject to City Planner review and approval
prior to issuance of building permits.
10.All ground-mounted utility appurtenances such as transformers,AC condensers,etc.,shall J�-
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 City
Planner.
SC- 12/93 2 of 323
Project N0eie9¢•/,54
completion Date:
11.Street names shall be submitted for City Planner review and approval in accordance with /
the adopted Street Naming Policy prior to approval of the final map.
12.All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and / /_
weed control, in accordance with City Master Trail drawings, shall be submitted for City
Planner review and approval prior to approval and recordation of the Final Tract Map and prior
to approval of street improvement and grading plans.Developer shall upgrade and construct
all trails, including fencing and drainage devices, in conjunction with street improvements.
14.The Covenants,Conditions and Restrictions(CC&Rs)shall not prohibit the keeping of equine i�-
animals where zoning requirements for the keeping of said animals have been met.Individual
lot owners in subdivisions shall have the option of keeping said animals without the necessity
of appealing to boards of directors or homeowners' associations for amendments to the
CC&Rs.
15.The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_/_
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City 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.
16. All parkways, open areas,and landscaping shall be permanently maintained by the property
owner, homeowners' association, or other means acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approval prior to issuance of building permits.
17. Solar access easements shall be dedicated for the purpose of assuming that each lot or —/____J
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of
a solar energy system.The easements may be contained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with the recordation of the final map or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
shadows by vegetation, structures, fixtures or any other object, except for utility wires and
similar objects, pursuant to Development Code Section 17.08.060-G-2.
18. The project contains a designated Historical Landmark. The site shall be developed and ��-
maintained in accordance with the Historic Landmark Alteration Permit No.
. Any further modifications to the site including,but not limited to, exterior alterations and/or
interior alterations which affect the exterior of the buildings or structures,removal of landmark
trees,demolition,relocation,reconstruction of buildings or structures,or changes to the site,
shall require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
C. Building Design
1. An alternative energy system is required to provide domestic hot water for all dwelling units _/_/_
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be
included in the building plans and shall be submitted for City Planner review and approval
prior to the issuance of building permits.
2. All dwellings shall have the front, side and rear elevations upgraded with architectural
treatment, detailing and increased delineation of surface treatment subject to City Planner
review and approval prior to issuance of building permits.
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