HomeMy WebLinkAbout97-19 - Resolutions RESOLUTION NO. 97-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE PARCEL MAP NUMBER 15012 AND VACATION OF A
PORTION OF CHARLES SMITH AVENUE, LOCATED ON THE NORTH
SIDE OF FOURTH STREET BETWEEN BUFFALO AVENUE AND THE
1-15 FREEWAY, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 229-263-14 THROUGH 21 AND 35.
WHEREAS, Tentative Parcel Map Number 15012, submitted by Oltmans Investment Company,
applicant, for the purpose of subdividing into four parcels, the real property situated in the City of
Rancho Cucamonga, County of San Bemardino, State of Califomia, identified as APN(s) 229-263-14,
15, 16, 17, 18, 19, 20, 21, and 35, located on the north side of Fourth Street between Buffalo Avenue
and the 1-15 freeway; and
WHEREAS, on April 9, 1997, the Planning Commission held a duly advertised public hearing
for the above-described map.
NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES
AS FOLLOWS:
SECTION 1: That the following findings have been made:
1. That the map and proposed vacation of a portion of Charles Smith Avenue
are consistent with the General Plan and the Industrial Area Specific Plan.
2. That the improvement of the proposed subdivision is consistent with the
General Plan and the Industrial Area Specific Plan.
3. That the site is physically suitable for the proposed development.
4. That the proposed subdivision and improvements will not cause substantial
environmental damage or public health problems or have adverse effects on
abutting properties.
SECTION 2: Based upon the facts and information contained in the proposed mitigated
Negative Declaration, together with all written and oral reports included for the environmental
assessment for the application, the Planning Commission finds that there is no substantial
evidence that the project will have a significant effect upon the environment and adopts a
mitigated Negative Declaration based upon the findings as follows:
1. That the mitigated Negative Declaration has been prepared in compliance
with the Califomia Environmental Quality Act of 1970, as amended, and the
State CEQA guidelines promulgated thereunder; that said mitigated
Negative Declaration and the Initial Study prepared therefore reflect the
independent judgment of the Planning Commission; and, further, this
Commission has reviewed and considered the information contained in said
mitigated Negative Declaration with regard to the application.
2. Based upon the changes and alterations which have been incorporated into
the proposed project, no significant adverse environmental effects will occur.
PLANNING COMMISSION RESOLUTION NO. 97-19
PM 15012 - OLTMANS
April 9, 1997
Page 2
3. Pursuant to the provisions of Section 753.5 (c) of Title 14 of the California
Code of Regulations, the Planning Commission finds as follows: In
considering the record as a whole, the Initial Study and mitigated Negative
Declaration for the project, there is no evidence that the proposed project
will have potential for an adverse impact upon wildlife resources or the
habitat upon which wildlife depends. Further, based upon substantial
evidence contained in the mitigated Negative Declaration, the staff reports
and exhibits, and the information provided to the Planning Commission
during the public hearing, the Planning Commission hereby rebuts the
presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14
of the California Code of Regulations.
SECTION 3: Tentative Parcel Map Number 15012 is hereby approved subject to the attached
Standard Conditions and the following Special Conditions:
1. Construct a 300 foot right turn lane for west bound Fourth Street at Buffalo
Avenue per City Standard Plan No. 119. Additional right-of-way shall be
dedicated along the right turn lane to provide a minimum 7 feet measured
from the face of the curb.
2. Portions of Charles Smith Avenue shall be vacated across Parcels 3 and 4.
However, a public entity may reserve and except from the vacation any
easement and right necessary to maintain, operate, replace, remove or
renew the public utility facilities that are in-place and in use in, upon, over and
across those portions of Charles Smith Avenue proposed to be vacated.
3. The existing overhead utilities (telecommunications and electrical, except for
the 66kv electrical) on the project side of Fourth Street shall be
undergrounded along the entire project frontage extending to the first pole off
site (west and east). All services crossing Fourth Street shall be
undergrounded at the same time.
4. Dedicate an easement for and install a gateway entry monument sign at the
site's southeast corner as required by the Industrial Area Specific Plan. The
maintenance responsibilities are subject to the review by the City of the
construction plans and specifications. A maintenance agreement may be
required subject to said City review, the City Engineer, and the City Planner.
5. Revise and rework the median island on Fourth Street between the 1-15 and
Buffalo Avenue to provide landscape and hardscape as directed by the City
Engineer, the City of Ontario, and as approved by Caltrans. However, if
Caltrans does not approve the rework and landscaping, the developer will
only be required to hardscape the limits of the existing medians between said
limits. This hardscape shall be consistent with the adjacent median islands.
6. Mitigation Item No. 1 - Provide a drainage study which addresses the impacts
of removing Charles Smith Avenue. If Charles Smith Avenue ends north of
the point where the existing storm drain joins the drainage facility under the
freeway, a public storm drain easement shall be dedicated. Determine flows
reaching the Charles Smith Avenue facility; the capacity of that facility, and
overflows that need to be routed through the project site to Fourth Street.
Install additional drainage facilities (facilities as shown on Tentative Parcel
Map are not approved) to reduce the overflow as much as possible and
provide a surface overflow drainage easement.
PLANNING COMMISSION RESOLUTION NO. 97-19
PM 15012 - OLTMANS
April 9, 1997
Page 3
APPROVED AND ADOPTED THIS 9TH DAY OF APRIL 1997.
PLANNING CO is • o- HE CITY OF RANCHO CUCAMONGA
_ 1.�1�
BY: E. ��anWis,
E ._ an
ATTEST:
/ Brad`']� e•retary
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 9th day of April 1997, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, BETHEL, MCNIEL, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
CITY OF RANCHO CUCAMONGA
STANDARD CONDITIONS OF APPROVAL
TENTATIVE PARCEL `LAP NO. 15042-
Those items checked are Conditions of.Approval.
A. Dedications and Vehicular Access
I. Rights-of-way and easements shall be dedicated to the City for all interior public streets,community trails,
public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance and public
drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities
(cross-lot drainage, local feeder trails, etc.)shall be reserved as shown on the plans and/or tentative map.
2. Dedication shall be made of the following rights-of-way for the perimeter streets (measured from street
centerline): -
50 total feet on SL{FFALO AVENUE
W - &Co total feet on FOURTH STREET
f total feet on CHARLES c 11TH AVEM CUL-Del-SAG
total feet on
3. An irrevocable offer ofdedication for roadway purposes shall be made for the private streets.
Corner property line cutoffs shall be dedicated per City Standards.
5. Vehicular access rights shall be dedicated to the City for the following streets, except for approved
openings:
6. Reciprocal access easements shall be provided ensuring access to all parcels by C C t: R's or by deeds and
shall be recorded prior to or concurrent with the final parcel map.
7. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance
of all common roads, drives, or parking areas shall be. provided by C C & s or deeds and shall be
/ recorded prior to or concurrent with the final parcel map.
�/ S. All existing easements lying within future right-of-way are to be quitclaimed or delineated on the final
parcel map per the City ngine_'s requirements.
9. Easements for public sidewalks and/or street trees placed outside t e public right-of-way shall be
dedicated to the City.
V10. Private dr ainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the
/ final parcel map.
Y I I. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 feet
measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, aparallel
tree easement shall be provided.
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12. The developer shall make a good faith effort to a cquire the required off-site property interests necessary
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to construct the required public improvements and, if he/she should Fail to do so, the developer shall at
least 120 days prior to submittal of the final parcel map for approval, enter taltO an agreement to complete
the improvements pursuant to Government Code Section 66462 at such time as the City acquires the
property interests required for the improvements. Such agreement shall provide for payment by the
developer of all costs incurred by the City to acquire the off-site property interests required in connection
with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the
amount given in an appraisal report obtained by the developer, at developers cost. The appraiser shall
have been approved by the City prior to commencement of the appraisal. Tnis condition applies in
particular, but not limited , ro:
B. Street Improvements
L All public improvements,(interior streets, &ainage facilities,community trails, paseos, landscaped areas,
etc. ) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street
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improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches,
sidewalks, street lights, and street trees.
2. A minLmum,of 26-foot wide pavement within a=0- foot wide dedicated rich of-woav shall be consrdc_d
Vfor all half-section streets.
�( 3. Consr_ct the following missing perimeter street improvements includi^_ but not limited to:
Street Name Curb AC Side- Drive Srect Sect Comm. NIdian Bile Other
.. ?vin: walk Appt. Lights Tres Trail Isla.-td Trail
•
Gutter
3U>=FA LC) AVE. V. I b I c I ✓ I ✓ I ✓ I I I I
coURTRsT I ✓ I ✓ I I I ✓ I ✓ I I4' I la
CNALes SMj-�.a I ✓ I b l ✓ I I ✓ I ✓ I I I I
1 1 1 1 1 1 1
I I I I I I I I I I
,Notes:(a)}lediaa Island includes landscaping_and ir•iga:ion on ne:r.. (b) Pavement r:cons:-.:_:ion and overlays will be
de:e•• tined during plan check. (a)((so marked,sidewalk wiii -- curvilinear err STD.-t 1 i= (d) I; -_
(ci p d) 50.— an in-lieu
of cons:rc:ior.•tee shall be provided for:his i;--.
e) R1Gr1. TURN LANE F-DR ylFCT soUND AT BUFFALO AVE.
r/ sat- S°ccIAL CoMD1l loNs
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Improvement Plans and Co.nsr_ction:
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.
b. Prior to any work being performed in the public right-o[-way, tees shall be paid and a construction
permit shall be obtained from the City Engineer's office in addition to any other permits required.
c. Pavement striping,marking,traffic signing,street name signing,traffic signal conduit, and interconnect
conduit shall be installed to the satisfaction of the City Engineer.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or second=ary 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 3CR, ECR or any other locations
approved by the-Ciry Engineer.
Notes: (I) Pull boxes shall be No.5 at intersections and No. 5 along stets, a maximum of 200 feet apart.unless otherwise
spy:lied by the City Engineer. (2) Conduit shall be 3-inch (at intersections), or 2-inch (along sieges) galvanized steel
with pullrope or as specified.
e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as
directed by the City Engineer.
f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours
during construction. Street or lane closure perrmis are required. A cash deposit shall be provided to cover
the cost of grading and paving, which shall be refunded upon completion of the construction to the
satisfaction of the City Engineer.
g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk dais shall be installed to City
Standards, except for single family residential lots.
h. Street names shall be approved by the City Planner prior to submittal for first plan check.
5. Street improvement plans per City Standards for all private streets shall be provided for review and
approval by the City Engineer. Prior to any work being performed on the private streets, fees shall be paid and
/ construction permits shall be obtained from the City E.ngW-_,•)orrice In addition to any other permits required.
Y 6. Street:tees, a minimum of Id - gallon size or larger small be installed per City Standards in accordance •
with the City's street tree program.
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7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger street, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines of
sight plotted as required.
Vet 3. A Permit shall be obtained from CALTR.ANS fir any work within the following right-of-way:
I- 15 PRc=_4VAY
9. All public improvements on the following streets shall be operationally complete prior to the issuance of
building permits.
a
C. Public Maintenance Areas
JI. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted
to the City Engineer for review and approval prior to anal parcel map approval. The following landscaped
parkways, medians, paseos,easements, tails, or Other areas shall be annexed into the Landscape Maintenance
District:
FouRTH ST, aE-T M -OIAM \5 LAN C
/ GATEWAI EN-U .1 MQNLI ME.NT S1CG N
Y 2. .A signed consent and waiver form to join andor form the appropriate Landscape and Lighting Districts
shall be filed with the City Engineer prior to final parcel map approval. Formation costs shall be borne by the
developer.
3. All required public landscaping and irrigation systems shall be continuously maintained by the developer
until accepted by the-City. .
i. 4. Parkway landscaping on the following street(s)shall conform to the results of the respective Beautification
Master Plan:
Foul -r (:)TREaT
D. Drainage and Flood Control
I. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection
measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer.
2. It shall be the developer's responsibility to have the current FIRM Zone_designation removed from
the project area. The developers engineer shall prepare all necessar_repor.s. plans,and hydrologic.'hydraulic
calculations. .A Conditional Letter of Mac Revision (CLO•MR) shall be obtained from FEMA, prior to
final parcel map approval. A Letter of Map Revision (LOMR)shall be issued by FEMA prior to occupancy
or improvement acceptance, whichever occurs first.
Net 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final parcel
map approval. All drainage facilities shall be in.stailed as required by the City Engineer.
Adequate provisions shall be made for acceptance and disposal of surrace drainage entering the proper.'
from adjacent areas.
5. A permit from the San. Bernardino County Flood Control District is recuired for work within ies right-of-
way.
V6. Trees are prohibited 5 feet of the outside dia meter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
7. Public storm drain easements shall be graded to convey overflows in the event of blockage in a sump catch
basin on a public street.
E. Improvement Completion
/ I. If the required public improvements are not completed prior to approval of the anal parcel map, an
improvement security accompanied by an agreement executed by.the Developer and the City will be required
for:
CHARLES Srnt74 AVaNvVE STREET AND STORM
E E (SIDEWALK RAlNt IMPROV NENT5 INCLNDth1G STREET U }TS
4nD STREET TRIES. /R6 DOFICZED UPo4 DEY7WPMEMTF AOJPCET PRRca
)Y 2. If the
required public improvements are not completed prior to approval of the final parcel map, an
improvement certificate shall be placed upon the final parcel map, stating that they will be completed upon
development for:
EACIA PARCEL AND EACH PARCEL SMALL EM-1.7 RESPONSI131—E
Fare C"AARLSs SMITH AVE. STREET CIAL- OE- SAG AND
SToRNA DRAIN! FACILITIES .
F. Utilities
I. 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 Uti! z Standards. Easements shall
be provided as required.
si 2. . Water and sewer plans shall be designed and constructed to meet requirements of the Cucamonga County
Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health
Department of the County of San Bernardino. A letter of compliance from CCWD is required prior to final
parcel map approval.
3. 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.
1( 4. The developer shall be responsible for the relocation of existing utilities as necessary.
G. General Requirements and Approvals
I. The tentative map approval is valid for the 24 month period following the approval date. Time extensions
may be granted by the Planning Commission, if requested prior to the expiration date.
1/ 2. Final trading plans for each parcel shall be as required by the Building and Safety Division prior to
issuance of grading permits.
3. A copy of the Covenants, Conditions, and Restrictions (C C & R's) approved by the City Attorney is
required prior to approval of the final parcel map. .
4. An easement for ajoint use driveway shall be provided prior to fir.=_l parcel map approval for:
/ 5. Prior to approval of the final parcel map a deposit shall be posted with the City covering the estimated cost
Of apportioning the a _aaments under Assessment District 82 - I 1` among the newly created parcels.
CFO nlo. Sts—1 a.o B--(
6. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new
street lights for the first 6 months of operation, prior to final parcel map approval.
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7. Prior to finalization of any development phase,sufficient improvement plans shall be complete' beyond
the phase boundaries to assure secondary and drainage protection to the satisfaction of the City Engineer.
Phase boundaries shall correspond to lot lines shown on the approved tentative map.
S. EriwandalSan Sevaine Area Regional Mainline,Secondary Regional, and Master Plan Drainage Fees shall
be paid prior to final parcel map approval.
9. Permits shall be obtained from the following agencies for work within their right-of-way.
CITY OF ONTATR 0
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IC. A signed consent and waiver form to join and/or form the Law Enforcement Community Facilities District
shall be filed with the City Engineer prior to final parcel map approval. Formation costs shall be borne by the
developer.
I I. Prior to recordation of the final parcel map, 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 parcel map. Fur Cher, it 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 parcel map for said project,this condition shall be deemed
null and void.
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.
12. :Mello Roos Community Facilities District requirements for the Rancho Cucamonga Fire Protection District
shall apply to this project.
13. Pursuant to provisions of California Resources Code Section 21059(o), this application shall not be
operative, vested or anal, nor will building permits be issued or a map recorded, until (I) the Notice of
Determination(NOD)regarding the associated environmental action in filed and posted with Clerk of the Board
of Supervisors of the County of San Bernardino; and(2)any and all required handling charges. are paid to the
County Clerk of the County of San Bernardino. Tne applicant shall provide the Engineering Department with
a stamped and copy of the NOD together with a receipt showing that all fees have been paid.
In the e.ent this application is determined exempt from such filing `es pursuant to the provision of
the California Code. or the guidelines promulgated thereunder, except for payment of any required handling
charge for filing a Certificate of Fee Exemption, this condition shall be deemed null and void.
Rev. 10/14/96 6