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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 • ...�_. 4 BY: U 1`_A�r � E. Da ATTEST: ligils /A 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. eW c„..4:\,. cok� DEPARTMENT OF Ranch$ Ai. onga COMMUNITY DEVELOPMENT 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. SC - 12/93 3 of tau