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HomeMy WebLinkAbout1995/11/08 - Agenda PacketCITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA WEDNESDAY NOVEMBER 8, 1995 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA II. III. IV. Roll Call Chairman Barker Vice Chairman McNiel __ Commissioner Lumpp Commissioner Melcher Commissioner Tolstoy Announcements Approval of Minutes September 13, 1995, Special Meeting October 11, 1995 Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. AH such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. VARIANCE 95-06 - CAMPOS - A request to reduce the activity center parking setback from 50 feet to 38 feet for the development of a restaurant and conversion of two single family residences to commercial uses in the Specialty Commercial designation (Subarea 3) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between Archibald and Klusman Avenues - APN: 208-153-08 through 1 I, and 23. Related files: Landmark Alteration Permit 95-03, Development Review 93-15, and Variance 94-04. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS - A Development Agreement between the City ofRancho Cucamonga and Prairie Pacific Investments for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay District (SHOD), including deviating from certain development standards, for 158 apartment units located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Staff recommends issuance of a Negative Declaration. Associated with the application is Development Review 95-22. (Continued from October 25, 1995) ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-22 - PRAIRIE PACIFIC INVESTMENTS - A request to construct a 158-unit, three story senior apartment project in the High Density Residential designation (24- 30 dwelling units per acre) with a Senior Housing Overlay District (SHOD), located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Staff recommends issuance of a Negative Declaration. Associated with the application is Development Agreement 95-01. (Continued from October 25, 1995) ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 95-20 - KATELARIUS - A request to construct a 2,940 square foot drive-thru restaurant on 1.11 acres of land in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan located at the southwest comer of Arrow Ronte and Red Oak Street - APN: 209-491-77. Staff recommends issuance of a Negative Declaration. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15707 - RITTENHOUSE - The proposed development of a 5 unit detached condominium project on 1.0 acre of land in the Medium Residential Development District (8-14 dwelling units per acre) located on the north side of Base Line Road, west ofAlta Cuesta Drive - APN: 202-025-01. Related Files: Variance 95-05, Tentative Tract 14208, Variance 94-03. Staff recommends issuance of a Negative Declaration. VARIANCE 95-05 - RITTENHOUSE - A request to waive the requirement for common open space, amenities, and visitor parking and to reduce the required interior site boundary setback from 20 to 15 feet for a proposed 5-unit detached condominium project on 1.0 acres of land in the Medium Residential Development District (8-14 dwelling units per acre) located on the north side of Base Line Road, west ofAlta Cuesta Drive - APN: 202-025-01. Related Files: Tentative Tract 15707, Tentative Tract 14208, and Variance 94-03. Director's Reports G, CONSIDERATION OF A REQUEST TO FENCE OFF SERENA PLACE. A CUL-DE-SAC STREET. AT ITS CONNECTION TO LEMON AVENUE H. PRESENTATION AND DISCUSSION OF COMMERCIAL LAND USE AND MARKET STUDY VI. Public Comments This is the time andplace for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. VII. Commission Business VIII. Adjournment The Planning Commission has adopted Administrative Regulations that set an 11.' O0 P.M. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. 1, Gail Sanchez, Planning Commission Secretary of the City of Raneho Cucamonga, hereby certi~ that a true, accurate copy of the foregoing agenda was posted on November 2, 1995, at least 72 hours prior to the meeting per Government Code Section 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga. VICINITY MAP ' · k CITY HALL CITY OF RANCHO CUCAMONGA DATE: TO: FROM: BY: SUBJECT: November 8, 1995 CITY OF RANCHO CUCANIONGA STAFF REPORT Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, AICP, Associate Planner VARIANCE 95-06 - CAMPOS - A request to reduce the activity center parking setback from 50 feet to 38 feet for the development of a restaurant and conversion of two single family residences to commercial uses in the Specialty Commercial designation (Subarea 3) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard between Archibald and Klusman Avenues - APN: 208-153-08through 11, and23. Related Files: Landmark Alteration Permit95-03, Development Review 93-15, and Variance 94-04. BACKGROUND: On January 11, 1995, the Planning Commission reviewed plans for the conversion of four single family residences to commercial uses and the development of a 1,600 square foot cafe on the north side of Foothill Boulevard between Archibald and Klusman Avenues. The development proposed to take access off Foothill Boulevard via a drive aisle on the west side of the cafe. The drive aisle would provide access to a parking area at the rear of the site. The parking area would also allow access to future development within the block bounded by Foothill Boulevard, Archibald Avenue, Estacia Court, and Klusman Avenue. In conjunction with the Development Review application, the applicant submitted several Variance requests for the Commission's consideration. First, the applicant requested a reduction in the required parking from 35 spaces to 25 spaces. Secondly, the applicant was proposing a zero setback along the side and rear property lines. The Variances were approved by the Planning Commission for the following reasons: Access to Foothill Boulevard between Archibald and Klusman Avenues will be limited to one drive approach consistent with the City's General Plan Circulation Element and the Foothill Boulevard Specific Plan (FBSP). The ultimate plan to provide access to all sites within the block bounded by Foothill Boulevard, Archibald Avenue, Estacia Court, and Klusman Avenue will require a 26-foot offer of dedication to be obtained equally from properties fronting Foothill Boulevard and the properties fronting Estacia Court (13 feet from each property). The offer of dedication will extend from the west side of the parcels fronting Archibald Avenue to Klusman Avenue. Because only five parcels fronting Foothill Boulevard are being developed in the block at this time, a 24-foot drive aisle must be provided entirely on the site. Upon development of the bther parcels in the block, the drive aisle may shift to the north to straddle the property line. IT~ A PLANNING COMMISSION STAFF REPORT VAR 95-06 - CAMPOS November 8, 1995 Page 2 4. The property to the north is designated as Specialty Commercial. However, the properties to the north are existing residential uses requiring a 15-foot setback on the subject site. Because of the limited access to Foothill Boulevard for the block and the drive aisle requirement at the rear of the site, the requirement for a 15-foot landscape setback would eliminate the parking for the site. The residences north of the subject site are located at the northern portion of their respective lots separated from the proposed commercial uses by detached garages thereby providing a buffer between the uses. The Foothill Boulevard Specific Plan requires a 5-foot landscaped side yard setback. The ddve aisle, however, will be extended to the east in the future to provide access from Foothill Boulevard. The applicant could have provided five additional parking spaces within the site. However, staff required the elimination of the parking spaces to provide safer ingress and egress to Foothill Boulevard. The relatively small size of the converted residential structures is suitable for specialty commercial or small office users which have a lower parking demand than typical shopping center or office developments. ANALYSIS: After receiving approval on the Development Review application and Landmark Alteration Permit in January of 1995, the applicant began working with a prospective tenant for the cafe building. Upon reviewing the approved plans, the tenant informed the applicant that the restaurant was not viable given the parking deficiency. The lending institution indicated that they would not provide a construction loan unless additional parking was provided. As a result, the applicant began explodng alterative site layouts to accommodate a 2,530 square foot restaurant. The current plan proposed by the applicant requests the removal of two houses to provide the additional parking for the larger restaurant. The revised plan, however, requires a Variance approval to reduce the required landscape setback along Foothill Boulevard from 50 feet to 38 feet. The Foothill Boulevard Specific Plan activity center encourages buildings to be located closer to the street (25 feet from the curb) to encourage pedestrian activity. In exchange, the parkin9 areas are required to be set back 50 feet from the curb. As a result of requirements by the tenant and lending institution, the applicant has revised the plans to expand the parking area resulting in Code deficiencies. The applicant demonstrated that the parking setbacks could be maintained from Foothill Boulevard with the previous approval by placing parking behind the four histodc houses. While the Planning Commission did find sufficient grounds to approve several Variances with the previous application, much of the discussion centered on the applicant's attempts to preserve the four historic structures. Wsth the elimination of two of the four structures, the historic value of the site is diminished. The applicant is now requesting an expansion of the restaurant, in addition to the parking, while eliminating the two historic structures. Staff believes the hardship is self-imposed. PLANNING COMMISSION STAFF REPORT VAR 95-06 - CAMPOS November 8, 1995 Page 3 FACTS FOR FINDING: In order for the Planning Commission to approve the Variance request, facts to support the following findings must be made: That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Co.de. That there ar.e exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. The applicant demonstrated with the previous application that the parking setback could be maintained from Foothill Boulevard. The exceptional circumstances that were present with the previous application will be eliminated with the removal of two of the structures. The sites will end up similar to other sites along the Foothill Boulevard corridor. Also, the expansion of the restaurant and the need for more parking are self-imposed hardships, The applicant has not submitted any documentation to indicate that alternatives were pursued, such as finding another restaurant tenant that didn't need a larger building or who could adaptively reuse one of the historic houses. RECOMMENDATION: Staff recommends the Planning Commission deny Variance 95-06 through adoption of the attached Resolution. BB:SM/jfs Attachments: Exhibit "A" - Location Plan Exhibit "B" - Approved Site Plan Exhibit "C" - Proposed Site Plan Resolution of Denial ROAD It ROAD 1220 1220 ESTACIA L LUCAS AND WARD SUBDIVISION FOOTHILL BOULEVARD BUILDINGS SITE PLAN LEGEND s I RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 95-06, A REQUEST TO REDUCE THE ACTIVITY CENTER PARKING SETBACK FROM 50 FEET TO 38 FEET FOR THE DEVELOPMENT OF A RESTAURANT AND CONVERSION OF TWO SINGLE FAMILY RESIDENCES TO COMMERCIAL USES IN THE SPECIALTY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN ARCHIBALD AND KLUSMAN AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 208-153-08 THROUGH 11 AND 23. A, Recitals. 1. Ana Campos has filed an application for the issuance of Vadance No. 95-06 as described in the title of this Resolution. Hereina~er in this Resolution, the subject Variance request is referred to as "the application." 2. On the 8th day of November 1995, 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 pdor 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 headng on November 8, 1995, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to five properties located on the north side of Foothill Boulevard between Archibald and KJusman Avenues with a combined street frontage of 300 feet and lot depth of 130 feet which are presently improved with four single family residences and an adandoned cafe; and b. The property to the north of the subject site is designated for commercial uses and is developed with single family residences. The proped. y to the south is designated for commercial uses and is developed with a fast food restaurant. The property to the east is designated for commercial uses and is developed with an abandoned, potentially historic gas station. The property to the west is designated for commercial uses and is developed with a single family residence; and PLANNING COMMISSION RESOLUTION NO. VAR 95-06 - CAMPOS November 8, 1995 Page 2 c. The application has been submitted to accommodate a related request to modify a previously approved application for a restaurant (Development Review No. 93-15) which would increase the floor area from 1,600 square feet to 2,530 square feet and require the removal of two local historic landmark structures in conjunction with a request for Landmark Alteration Permit 95-03; and d. The four residences were designated as Landmarks by the Historic Preservation Commission on October 4, 1994, because of the context and setting in which they were located. The block bounded by Estacia Court, Archibald Avenue, Foothill Boulevard, and Klusman Avenue is one of the few remaining blocks intact from the 1910s and 1920s; and e. The previous application approved by the Planning Commission (Development Review 93-15) complied with the Foothill Boulevard parking setback while preserving the structures; and f. The preservation of four historic structures created unique and exceptional circumstances that will be eliminated with the removal of two of the residences; and g. No evidence has been submitted by the applicant to support the findings necessary to grant the subject variance request. 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 strict or literal interpretation and enforcement of the specified regulations would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. That there are not exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. c. That stdct or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. d. That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. VAR 95-06 - CAMPOS November 8, 1995 Page 3 APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary 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 8th day of November 1995, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA STAFF RF, PORT DATE: TO: FROM: BY: SUBJECT: November 8, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, AICP, Associate Planner DEVELOPMENT AGREEMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS - A Development Agreement between the City of Rancho Cucamonga and Prairie Pacific Investments for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay District (SHOD), including deviating from certain development standards, for 158 apartment units located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Associated with the application is Development Review 95-22. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-22 - PRAIRIE PACIFIC INVESTMENTS - A request to construct a 158-unit, three story senior apartment project in the High Density Residential designation (24-30 dwelling units per acre) with a Senior Housing Oveday District (SHOD), located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. BACKGROUND: On October 25, 1995, the Planning Commission considered the Development Agreement and Development Review applications. At that time, however, the Development Agreement had not been submitted to the Planning Commission for their consideration. As a result, the Commission opened the hearing to receive testimony with the intent of continuing the application for two weeks. The Planning Commission acknowledged that the project architect would not be available in two weeks and asked that any design issues be raised at this time to allow the architect the opportunity to respond or address the comments prior to the next meeting. Testimony was received from several of the residents to the west of the project. The primary concern centered on their desire to have a block wall provided between the project and their lots. Because of the grade differential between the properties, the residents felt that the wall should be 6 feet high from their pad elevation and not from the property line elevation. The residents noted that the rear of their properties slope towards the project and they would like the opportunity to back-fill their lots to provide a fiat pad. This could be accomplished if the perimeter wall was designed as a combination retaining/free-standing wall. The Commission directed staff to work with the applicant to analyze the grade differential and to identify the height of wall necessary to meet the neighbors' request. ITS~4SB&C PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95-22 - PRAIRIE PACIFIC INV. November 8, 1995 Page 2 ANALYSIS: Development Review: Staff and the project engineer have reviewed the grade separation issues between the site and the residences to the west. The majority of pads are within 2 feet of the grade.proposed at the property line. The wall in these areas can be designed with a 2-foot retaining wall on top of a 6-foot garden wall. The area of concern, however, is the north end of the site. As the site approaches Base Line Road, the grade differential between pads increases up to 6 feet. To provide the wall requested by the residents, a 6-foot garden wall will be placed on top of a 6-foot retaining wall. To mitigate the impact of the 12-foot wall, the applicant and staff are recommending a 3-foot retaining wall in front of the perimeter wall. This will give the appearance of a 9-foot perimeter wall and provide ample room for landscaping adjacent to the perimeter wall. Unfortunately, to provide landscape area, the retaining wall will be located immediately adjacent to the parking stalls. Locating the wall a few feet in from the stalls will provide two areas of insufficient size to allow adequate landscaping. A condition of approval has been provided requiring a decorative treatment for the retaining wall. Development Agreement: In reviewing the Development Agreement, the key consideration for the Commission is whether the incentives requested by the applicant are appropriate for the development proposed. As identified at the October 25, 1995, meeting, the applicant is proposing a 100 percent affordable project. The rents for a minimum 40 percent of the units (including minimum 10 percent of the two-bedroom units) will be set aside for those seniors with incomes up to 50 percent of the County median income level. The remaining units will be available for seniors making up to 80 percent of the County median income level. In exchange for maintaining the affordability, the applicant is requesting the following deviations from the Development Code: The maximum density on the site shall be increased from 30 to 32.6 dwelling units per acre; and 2. The maximum number of required parking off-street parking spaces shall be lowered to one parking spaces per unit; and The maximum building height within 100 feet of single family residential shall be increased from single story to 38 feet; and The minimum private open space requirement for ground floor units shall be reduced from 150 square feet to 100 square feet; and The minimum pdvate open space requirement for second and third floor units shall be reduced from 100 square feet to 95 square feet; and The minimum number of washer/dryer facilities shall be reduced from one washer/dryer for every five units to one washer/dryer for every 14 units; and 7. The minimum building setback from the drive aisle shall be reduced from 20 feet to 9 feet; and PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95~22 - PRAIRIE PACIFIC INV. November 8, 1995 Page 3 Recreational amenities may be duplicated in order to fulfill the total number of recreational amenities required for the project; and The maximum wall height (combination of retaining and 9arden wall) shall be increased from 6 feet to 9 feet, Because the applicant is proposing a 100 percent affordable project, staff believes the development incentives/Code variations are appropriate for the project. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Development Agreement 95-01 to the City Council, approve Development Review 95-22, and issue a Negative Declaration for the project. Attachments: Exhibit "A" - Staff Report dated October 25, 1995 Resolution Recommending Approval of Development Agreement 95-01 Resolution of Approval for Development Review 95-22 CITY OF RANCHO CUCAIVIONGA ' STAFF REPORT DATE: TO: FROM: BY: SUBJECT: October 25, 1995 Chairman and Members of the Planning Commission Brad BulleL City Planner Scott Murphy, AICP, Associate Planner DEVELOPMENT AGREEMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS - A Development Agreement between the City of Rancho Cucamonga and Prairie Pacific Investments for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay District (SHOD), including deviating from certain development standards, for 158 apartment units located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Associated with the application is Development Review 95-22. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-22 - PRAIRIE PACIFIC INVESTMENTS - A request to construct a 158-unit, three story senior apartment project in the High Density Residential designation (24-30 dwelling units per acre) with a Senior Housing Oveday Distdct (SHOD), located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Associated with the application is Development Agreement 95-01. PROJECT AND SITE DESCRIPTION: A. Project Density: 32.6 dwelling units per acre. Surrounding Land Use and ZoninG: North Shopping center; Neighborhood Commercial South - Single family residential; Low Residential (2-4 dwelling units per acre) East Shopping center; Neighborhood Commercial West Single family residential; Low Residential (2-4 dwelling units per acre)' General Plan Designations: Project Site - High Residential (24-30 dwelling units per acre) North - Neighborhood Commercial South - Low Residential (2-4 dwelling units per acre) East Neighborhood Commercial West Low Residential (2-4 dwelling units per acre) Site Characteristics: Two building pads have been rough graded in the central portion of the site. Street improvements were installed by the City as part of the Base Line Road widening project several years ago. The site drops roughly 8 feet from Base Line Road to the first PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95-22 - PRAIRIE PACIFIC October 25, 1995 Page 2 building pad. The entire site falls approximately 20 feet from Base Line Road to the south property boundary. The grades along the west property line are within a couple feet of the existing grades for the single family residences. E= Parkina Calculations: Number of Number of Type Number of Parking Spaces Spaces of Use Units Ratio Reauired Provided Senior Apartments 158 0.7 spaces/unit 111 158 ANALYSIS: Backaround: In 1988, the City approved a General Plan Amendment and Development District Amendment to change the designation on the site from Low Residential to High Residential, Senior Housing Overlay District. In conjunction with the application, the City also approved a Development Review application and a Development Agreement for a 177-unit senior apartment project. The three-story project was designed as two "U-shaped" buildings around a central courtyard area. Parking for the project was provided around the perimeter of the site. Access to the site was available from Base Line Road. Emergency access was provided by a gate along the west side of the Rancho Cucamonga Library site. General: The applicant is proposing a senior apartment project similar to the project previously approved by the City, The north and south buildings will be three stories and designed in a "U" shape around common recreational amenities. There will be a two-story recreation building on the west side of the site separating the three-story structures. Parking is provided around the perimeter of the site. The number of dwelling units has been reduced from 177 to the current proposal of 158 rental units plus a caretakers unit, The one and two bedroom units will be 533 and 839 square feet in area, respectively. Development Agreement: In conjunction with the application, the applicant has submitted an application for a Development Agreement. A Development Agreement is a requirement of any Senior Housing project in order to lock in the rental rates, tenant qualification criteria, and the term of the affordability. The Development Agreement also affirms the density bonus allowed for the affordable housing and the reduced parking ratio (0.7 parking spaces per unit) allowed by the Senior Housing Overlay District. In addition, the applicant is also requesting a Development Agreement to address deviations from the Development Code requirements. Under normal circumstances, these deviations would be processed as Variance applications. The Development Agreement, however, allows the City and the developer to enter into a contract to allow the deviations from the Code as an incentive to foster affordable housing. State law requires that the units remain affordable for at least 30 years. Under State law, Development Agreements must be approved by the City Council. Because of the Code deviations requested by the applicant, staff felt the Planning Commission should consider these requests and forward comments; where applicable, to the City Council for their consideration. The deviations include the following: PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95-22 - PRAIRIE PACIFIC October 25, 1995 Page 3 The maximum building height within 100 feet of single family residential shall be limited to single story. The applicant is proposing an 81-foot setback to the three-story structure, Pdvate open space shall be provided at a rate of 150 square feet for ground floor units and 100 square feet for the second and third floor units. The applicant is proposing patios/balconies as small as 100 square feet for the ground floor units and 95 square feet for upper units. 3. The minimum one-bedroom unit size is 650 square feet. The applicant is proposing a 533 square foot one-bedroom unit with the application. Laundry facilities shall be provided at a rate of one washer and dryer for every 5 units. The applicant is proposing one washer and dryer for every 14 units. Projects consisting of 101 to 200 dwelling units shall provide five different recreational amenities. The applicant is proposing five amenities but some are duplications. The minimum building setback from the drive aisle is 20 feet. In some locations, the proposed setback is 9 feet. The ratio of parking spaces required is 1.5 spaces per I bedroom unit and 1.8 spaces per 2 bedroom unit. The applicant is proposing 0.7 spaces per unit consistent with all other SHOD projects. Staff has reviewed the items requested by the applicant. Many of these items are consistent with the previous senior apartment project's approval for the site. The other issues, including the washer/dryer ratio, number of recreational amenities, and building setback from the drive aisle, are a result of the multi-family standards adopted by the City in 1991. Again, these items are consistent with the previous application and are not viewed as significant. Desian Review Committee: The Design Review Committee (Melcher, Fong) reviewed the application on September 19, 1995, and recommended approval of the application as submitted by the applicant. Neiahborhood Meeting: In anticipation of the Development Review process, the applicant already conducted a neighborhood meeting to enlist concerns from the adjacent property owners, On August 29, 1995, several of the property owners attended the meeting, The main concerns of the attendees were as follows: The previous developer of the site removed the rear wall of the neighboring properties, leaving the homes exposed to the subject site. The owners were very concemed about the safety of their homes and requested. assurances from the developer that the perimeter wall would be constructed pdor to construction ofthe buildings. The applicant indicated that the wall would be the first thing constructed if the project went forward. PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95-22 - PRAIRIE PACIFIC October 25, 1995 Page 4 The residents did not want trash enclosures located adjacent to their lots. They were concerned about the smell, flies, etc. emanating from the enclosures being so close to their property. The applicant has not relocated the enclosures. Tall evergreen trees should be provided along the west property line to provide buffering and privacy for the single family homes. This is a condition of approval. Initially,. a few of the homeowners expressed concern about the impact three-story structures would have on their privacy and views. By the end of the meeting, the height of the structures did not seem to be a major issue. The wall construction and landscape installation seemed to address most of the concern. Environmental Assessment: Staff has reviewed the application and determined that the project will not have a significant impact on the environment. Senior apartments generate fewer vehicle trips than conventional residential development. Also, the close proximity to shopping opportunities will further reduce any traffic impacts. RECOMMENDATION: Staff recommends that the Planning Commission forward any comments regarding the Development Agreement to the City Council, approve Development Review 95-22 through adoption of the attached Resolution, and issue a Negative Declaration for the project. Respe( Brad,~..,er City Planner BB:SM/jfs Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Site Plan Exhibit "C" - Conceptual Landscape Plan Exhibit "D" - Conceptual Grading Plan Exhibit "E" - Building Elevations Exhibit "F" - Illustrative Site Section Exhibit "G" - Floor Plans Draft Development Agreement (to be provided under separate cover) Resolution of Approval ~ Scnior Apam'tnmnts PRAIRIE PACIFIC INVE,';IMH'41,% Site I llilizali~m MaI~ 7201 Haven Ave. Suile E-347 Rancho Cucamonga, Calif. 91701 (gOg) 989-5098 PRAIRIE PACIFIC INVESTMENTS Vicinily Map t; ; i I I ~,~ Detailed Site Plan ' 7201 Haven Ave. Suite E-347 Rancho Cucamonga, Calif. 91701 (909) 989-5098 J PLANT KEY: d' .~. ~.~...;,~,.,;.,,,,~.,;,., ...... Senior Apartments PRAIRIE PACIFIC INVESTMENT5 Conceptual LandscapePlan 72ol Haven Ave. Suite E-347 Rancho Cucamonga, Calif. 91701 (909) 989-5098 SeD~6~ Ap.amems PRAIRIE PACIFIC INVESTMENTS 720"1 Hsven Ave. Suil e E-347 Rsncho Cueamonga, Calif. g170'l (909) 989-5098 Conceptual Grading Plan Senior Apartments 7201 Haven Ave. Suite E-347 Rancho Cucamonga, Calif. 91701 (909) 989-5098 Conceptual Grading Plan ; ..................... ..... ;?-"'!:~?'":;:"2. ~,,=,,: North, South Similar Senior Apartments PRAIRIE PACIFIC INVESTMENTS 7201 Haven Ave. Suite E-347 Rancho Cucamonga, Calif. 91701 (909) 989-5098 : Elevations East North, South Similar West 6' ~ghMasoNylNai .... lO'WideLandscapeSetback Double LoadedDrive Asfie Existing Detached Garage Existing Residence 7335 Klusman Senior Apartments PRAIRIE PACIFIC INVESTMENTS 7201 Haven Ave. Suite E-347 Rancho Cucamonga. Calif. 91701 (gOg) 989-5098 Partial Site Section North Building Unit B 2 Bdrm, 2 839 sq. ft. South IBuildhg Nodh BuRdlng Unit A I Bdrm, I 533 sq. Ft. Senior Apartments PRAIRIE PACIFIC INVESTMENTS ~7201 Haven Ave. Suite E-347 Rancho Cucamonga, Calit. g170'1 (gOg) gSg-BOg8 Floor Plans RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO ENTER INTO DEVELOPMENT AGREEMENT NO. 95-01, FOR THE CONSTRUCTION OF 158 SENIOR APARTMENTS IN THE HIGH DENSITY RESIDENTIAL DESIGNATION (24-30 DWELLING UNITS PER ACRE) WITH A SENIOR HOUSING OVERLAY DISTRICT (SHOD), LOCATED ON THE SOUTH SIDE OF BASELINE ROAD, WEST OF ARCHIBALD AVENUE, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-031-75. A. Recitals, 1. Praide Pacific Investments, Inc., has filed an application for Development Agreement No. 95-01, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Development Agreement is referred to as "the application." 2. On the 8th day of November 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said headng on that date. 3. The subject property of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed Development Agreement is attached as Exhibit "1" to this Resolution. 5. The Planning Commission has reviewed and considered the associated Environmental Assessment prepared for said project. 6. 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, Pad A, of this Resolution are true and correct. 2. This Commission hereby specifically finds that the Development Agreement and each and every term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga. 3. Based upon the facts and information contained in the proposed Negative Declaration, together with all wdtten 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 Negative Declaration based upon the findings as follows: PLANNING COMMISSION RESOLUTION NO. DA 95-01 - PRAIRIE PACIFIC INVESTMENTS, INC. November 8, 1995 Page 2 a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said 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 Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the Califomia Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and 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 Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public headng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 4. This Commission heraby recommends approval of the Development Agreement attached hereto as Exhibit "A." 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman A'FI'EST: Brad Buller, Secretary 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 8th day of November 1995, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DEVELOPMENT AGREEMENT NO. 95-01 SENIOR CITIZENS' HOUSING THIS AGREEMENT is entered into as of the "Effective Date" set forth herein by and between PACIFICA COMMUNITY ASSOCIATES? a 'Calif6mia Limited p. arme~ship ("Developer") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of Califomia ("City"). WITNESSETH: A. Recitals. (i) California Government Code Sections 65864 et seq. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. (ii) Califomia Government Code Section 65915 provides that a city may, by agreement with a developer, grant a density bonus over that allowed by the maximum density established in the development code and land use element of the general plan when a developer agrees to construct housing for low income senior households. (iii) Developer has requested City to consider the approval of a development agreement, with a density bonus, pertaining to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is referred to as "the Site." DEVELOPMENT AGREEMENT NO. 95-01 SENIOR CITIZENS' HOUSING THIS AGREEMENT is entered into as of the "Effective set forth herein by~so~e/ between ROBERT D. BANMAN, dba PRAIRIE PACIFIC INVESTMENTS, proprietorship ("Developer") and the CITY OF RANCHO CUCAMONGA, a? municipal corporation organized and existing trader the aws of the State of California WITNESSETH: / A. Recitals. (i) California Government Code Se~ltfons 65864 et seq. authorizes cities to enter into binding development agreements with persoj~aving legal or equitable interests in real property for the development of such property/., (ii) California Govern~/~t Code Section 65915 provides that a city may, by agreement with a developer, grant a d/j"h~sity bonus over that allowed by the maximum density established in the development co~d land use element of the general plan when a developer agrees to construct housing for lo/X~,mcome senior households. (iii) Deve her has requested City to consider the approval of a development agreement, with a densi ~o~us, pertaining to that real property located entirely within City, the common and legal des ption of which is set forth in Exhibit "A," attached hereto and incorporated herein by ~i hereinafter is referred to as "the Site." (iv) The Site is now zoned High Residential with a Senior Housing Overlay District pursuant to the provisions of City's Development Code, as mended to date hereof. Developer and City desire to provide through this Development Agreement more specific development controls on the Site which will provide for maxi~num efficient utilization of the Site in accordance with sound planning principles. (v) The Developer proposes to construct a senior housing residential project, including low income units, within the City. Said project contemplated by Developer will require an increase in the maximum density as currently provided in the Senior Housing Overlay District. (vi) It is the desire of City to encourage developments designed to provide affordable rental units for senior residents of the City. In furtherance of that desire, the City is hereby willing to grant a density bonus to Developer as provided by the terms of this Agreement. (vii) On ,1995, City adopted its Ordinance No. , thereby approving this Development Agreement with Developer and said action was effective on ,1995. B. Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "City" is the City of Rancho Cucamonga, "Project" is the development approved by City comprised of one hundred fifty-eight (158) apartment units, recreational and common area facilities, one hundred fifty- eight (158) parking spaces and other amenities on the Site, all as set forth more fully in the site plan for Development Review 95-22 submitted by Developer and approved by City, a copy of which is attached hereto, marked as Exhibit "B" and is incorporated herein by this reference. The site plan attached as Exhibit "B" includes various conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. The project also includes the records of the applications by Developer and the proceedings before the Planning Commission and City Council of City on file with the City and all such records and files in these matters are incorporated herein by this reference as though set forth in full. "Qualified Project Period" means the first day on which the residential units in the development are first ~vallable for occupancy by Qualified Tenants and continuing for thirty (30) years, except that the limitation that all tenants, occupants and residents be Qualified Tenants shall continue in perpetuity. "Qualified Tenants" shall mean persons or households who.are at least fifty-five (55) years or older and are senior citizens as defined in Section 51.3 of the Califomia Civil Code as said sections are written as of the effective date of this Agreement. (i) "Very Low Income Qualified Tenants" shall mean Qualified Tenants who possess an income equal to or less than the amounts as specified in California Health and Safety Code Section 50105, as amended. (ii) "Lower Ineomc Qunli~cd Tcnunts" shall mean Qualified Tcnants who possess an income equal to or less than the amount as specified in Califorrda Ilcalth and Safety Code Section 50079.5, as amended. '.'Ninety Percent I~com~ Qu~ified Tenants" means a household whose minual inco~he do~s not except ninety percent (90%) of the Area Median Income. 3 (iii) "Area Median Income" as may be used in determining income status or rent rate herein, shall mean that determined median by the County of San Bemardino or, if discontinued, as set forth in Califomia Health and Safety Code Section 50093, as amended. "Affordable Rents" shall mean thosc rcnts charged to Vcry Low Incomc or Lowcr Incomc Qualified Tcnants as dcfincd in Califomia Ilcalth and Safcty Codc Section 50053, as amended.the total charges f0t rent utilities, arid related service~ to a:Very Low Income Qualified Tenant shall npt exceed 6he-tw~elfth of thirty percent (30%) of Very Low Income, adjusted for household ~ize. The' total 6harg~s for"rent, utilities, and related services to a Nine~ Percent lncom~ Qualified Tenaht shah not exceed one-twelfth of thirty percent .~30%) of ninety; pere~nt (90%) Of the Area Median Income, adjusted for household size. Initial r6nts for each unit ~hall be set by the Developer at the time of initial Occupancy 6fthe Devel0pmeiit. Rents m~v be adjusted annually by the same percentrage ~hat ificom~ has increased, if any, :!for a Very Low Income Qualified Tenant 0~ a N~netY Perce~t Income Qualified Tenant, based on changes in the Area Median .Ipcon~. Alleast ~ixty (60) c~endai~ day~prior to increasing tSents on any unit restricted 15y thi~ Agreement, the ~Dev~loper~shall submit to the City for its approval the D~velolSer's Calculation 6f such inci'ease. Tenants occupying units restricted by~this ~gre~mentSShall be given at least .thirty (30) days written notice prior to any rent increas.e. "Effective Date" shall mean the 31st calendar day following adoption of the ordinance approving this Agreement by City's City Council. 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 4 3. Interest of Property Owner. Developer warrants and represents that it has entered into an escrow or an agreement by which it is to acquire full legal title to the real property of the Site and that it has full legal right to enter into this Agreement. 4. Binding Effect of Agreement. The Developer hereby subjects the development and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developer's successors and assigns in title or interest to the Development. Each and evex7 contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer's legal interest in the development is rendered less valuable thereby. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Development by Qualified Tenants, the intended beneficiaries of such covenants, reservations and restfictions, and by furthering the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City of Rancho Cucamonga. 5. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 6. Term of Agreement. The term of the Agreement shall commence on the effective date and shall expire thirty (30) years after the commencement of the Qualified Project Period, so long as Developer remains in material compliance with this Agreement, as from time to time amended. This Agreement shall be deemed to be terminated automatically if Developer does not obtain a Certificate of Occupancy for the entirety of the Project within three (3) years of the effective date. 7. Restrictions on Rental U.its. D .g the oft s A eem nt, all te, ,ts, oc upan and residents shall be Qualified Tenants. However, it is expressly understood by the parties hereto that the Project has been specifically designed to meet the unique needs of senior tenants. Accordingly, even after the expiration of the term, the limitation that all tenants, occupants and residents of apartment units in the Project shall be Qualified Tenants shall remain in perpetuity, unless the ~ Project is made to conform with all then applicabl~ De~j~lopment qode provis!ons pertalOng to multi-family dwellings. Said apartment units shall not be rented, occupied, leased or subleased to occupants who are not Qualified Tenants except as provided as follows: A person or person who is not a Qualified Tenant, and is at least forty-five (45) years of age, may occupy an apartment unit if he or she occupies an apartment unit with 5 a present occupant who is a Qualified Tenant and who provides primary physical or economic support to such Qualified Tenant; A person at least forty-five (45) years of age who is the spouse of a Qualified Tenant may occupy a unit with such Qualified Tenant; and A person or persons under fifty-five (55) years of age may occupy apartment units as temporary tenants for a period of time not to exceed three (3) months during any calendar year. 8. Rental Requirements. Dtt~ng the Qualified Project Period at least forty percent (40%) of the units in the Project, including at least 10 pcrc'cnt (10%) of the m,o (2) bedroom units, shall be rented, leased or held available for Very Low Income Qualified Tenants at affordable rents. All remaining units shall be rented, leased or held available for Lc~vcr N_inetySperc~nt Income Qualified Tenants at affordable rents. 9. Maintenance of Apartments as Rentals. During the term hereof, all apartment units in the Project shall remain rental units. No apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council. 10. On-site Manager. A full-time manager shall be provided on the Project site. 11. Tenant Committee. Residents shall have the right to establish a committee composed of tenants for the purpose of organizing social activities and providing comments and suggestions to the Developer regarding the operation and facilities of the Project. Nothing in this section shall be deemed to restrict the rights of individuals to organize activities and provide comments to the Developer. 6 12. Submission of Materials and Annual Review. Prior to occupancy, Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants and Low Income Qualified Tenants. On or before March 15 of each year following the commencement of the Qualified Project Period, the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following: a. Rent schedules then in effect, including utility charges (if any); A project occupancy profile; including age, rcsidcnt profile and nm~ibcr of automobilca owned by Project residents; . A description of all written complaints received froiii residents; A certification that low incomc rcquircnlcnts have been met; A list of substantial phyaicai dcfects in the Project including a dcscription of rcpair or maintenance work undcrtakcn during the fcporting ycar; and A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways and recreational areas. City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations 7 12. Submission of Materials and Annual Review. Prior to occupancy, Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants and Low Income Qualified Tenants. ~: .- On or before March 15 of each year following the commencement of ~e'Quali~ed Project Period, the Developer, or its representative, shall file a certificate of continuifig program compliance with the City. Each such report shall contain such information as City/nay require including, but not limited to, the following: a. Rent schedules then in effect, including utili~f~harges (if any); b. A project occupancy profile, includ),hl age, resident profile and number of a t ' ' ' u omobfles owned by Project res~d~ats; c. A description of all received from residents; d. A certification that low il uirements have been met; A list of substantial Project including a description of repair or maintenance ~ : undertaken during the reporting year; and includin physical condition and maintenance procedures for the Project, , landscaping, walkways and recreational areas. City shall allowed to conduct physical inspections of the Project as it shall deem that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice is provided. The City shall further be allowed to conduct an annual survey of residents in the Project in order to assess senior needs. 13. Tenant Selection. Contracts and Rules and Regulations. On receipt of an application for low income occupancy, Developer shall determine the eligibility of the occupancy under the terms of this Development Agreement. Verification of tenant eligibility shall include one or more of the following factors: Obtain an income verification form from the Social Security Administration and/or the Califomia Department of Social Services, if the applicant receives income from either or both agencies; b. Obtain an income tax return for the most recent tax year; c. Conduct a TRW or similar financial search; d. Obtain an income verification from all current employers; and If the applicant is unemployed and has no tax return, obtain another form of independent verification. Developer shall be entitled to rely on the information contained in the application sworn to by the applicant. All agreements for rental of all apartment units in the Project shall be in writing. The form of proposed rent or lease agreement shall be reviewed and approved by City prior to the commencement of the Qualified Project Period. Such agreement shall include all rules and regulations goveming tenancy within the Project. The rules and regulations shall include regulations which specifically authorize the keeping of small pets within all apartment units. 14. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an eviction under the following circumstances: a. The death of the sole tenant of the unit; By the ~enant at the expiration of the term of occupancy or otherwise upon thirty (3 0) days' written notice; c. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. Any termination of a tenancy other than those listed above in this paragraph 14 shall constitute an eviction. Developer shall only evict in compliance with the provision of Califomia law and then only for material noncompliance with the terms of the rental agreement. 15. Local Residency. Residency preference shall be given where possible to applicants to the Project who have been residents of the City of Rancho Cucamonga. However, that factor shall not be given priority over the other elements of Qualified Tenant selection as stated herein. 16. Hazard Insurance. Developer shall keep the Project and all improvements thereon insured at all times against loss or damage endorsement and such other risks, perils or coverage as Developer may determine. During the term hereof, the Project shall be insured to its full insurance replacement value. 17. Maintenance Guarantee. Developer shall comply with all City maintenance standards enacted from time to time. 18. Standards and Restriction Pertaining to Development of the Real Property. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: a. Only residential uses of the real property shall be permitted in the Project; and b. The maximum density of residential dwelling units in the ProjecUs~hall never greater // than.32.6 dwelling units per acre; and c. The maximum height for the highest proposed building ifi the Project shall be thirty- / eight (38) feet; and ,/ / d. The maximum size for all the buildings and the proposed square footage for each of the apartment types located in the Project shall be as set forth in Exhibit "B" attached / hereto; and / / e. The provisions for reservation or d~ication of land for public purposes are contained in the conditions for approval of,Development Review 95-22· elopment Incentives· The ~y will grant Developer the following development incentives for development of the Proj t: 19 Dev and ' /'/' a. The maximum de ~y on the site shall be increased to 32 6 dwelling units per acre; b The max d parking off- street parking spaces shall be lowered to one (Tparking spaces per unit; and c. The ,~i~ximum building height within 100 feet of single family residential shall be i/~ased to 38 feet; and 10 18. Standards and Restriction Pertaining to Development of the Real Property. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: a. Only residential uses of the real property shall be permitted in the Project; and The maximum density of residential dwelling units in the Project shall never greater than 32.6 dwelling units per acre; and The maximum height for the highest proposed building in the Project shall bc t~,i.~y ~, _ _: _,.. t, o, forty-two (42) feet; and The maximum size for all the buildings and the proposed square footage for each of the apartment types located in the Project shall be as set forth in Exhibit "B" attached hereto; and The provisions for reservation or dedication of land for public purposes are contained in the conditions for approval of Development Review 95-22. 19. Development Incentives. The City will grant Developer the following development incentives for development of the Project: The maximum density on the site shall be increased to 32.6 dwelling units per acre; and The maximum number of required parking off-slTeet parking spaces shall be lowered to one (1) parking spaces per unit; and The maximum building height within 100 feet of single family residential shall be increased to 42 feet; and 10 The minimum private open space requirement for ground floor units shall be reduced to 100 square feet; and The minimum private open space requirement for second and third floor units shall be reduced to-9-5 60 square feet; and The minimum number of washer/dryer facilities shall be reduced to one washer/dryer for every 14 units; and The minimum building setback from the drive aisle shall be reduced to 9 feet; and Recreational amenities may be duplicated in order to fulfill the total number of recreational amenities required for the project; and The height of the perimeter wall, a combination of retaining and free-standing wall, may be increased to 12 feet. 20. Project Design Amenities for Senior Citizens. The Project open space, buildings and individual apartments shall be designed with physical amenities catering to the needs and desires of the senior citizen residents. In addition to those conditions set forth in Exhibit "B" hereto, the following physical amenities shall be substantially included in the Project: a. Elevator service shall be provided to all upper story apartments; b. All units shall be designed for handicap access; c. All units shall possess secured entryways off a common enclosed hallway; Handrails shall be provided in all hallways; 11 e. Building space shall be devoted for tenant group meetings; and Recreational amenities shall include, but not limited to, putting greens and shufficboard courts lawn bowling, ga~ebos;.~ and barbeque areas. ~..-""' 21. Indemnification. Developer agrees to and shall hold City and its elected officials, officers, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Developer agrees to and shall defend City and its elected officials, officers, agents and employees with respect to actions for damages caused or alleged to have caused by reason of Developer's activities in connection with the Project. This hold harmless provision applies to all damages and claims the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project..N.'otw~thsta~.'ding ~he f6regoigg, thi~ proyision shall not apply to any such claims which arise out of~;or b55 reasgn of, 'the sole negligence or wilful misconduct of the City. 22. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in Califomia Government Code Sections 65868 et seq. 23. Enforcement. IntheeventofadefaultundertheprovisionsofthisAgreementbyDeveloPer, City shall give written notice to Developer (or its successor) at the address of the Project, and by registered or certified mail addressed to the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to tf~_~ ~O 12 specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. After completion of the Project pursuant to the terms of this Agreement, any default may alternatively be enforced as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code. Accordingly, the following penalty is specifically included as part of this Agreement: "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Agreement. Any person, firm, partnership, or corporation violating any provision of this Agreement by failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, parmership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Agreement is committed, continued or permitted by such person, firm, parmership or corporation, and shall be punishable therefore as herein." 24. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: Ifa material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; If a finding and determination is made by City following an annual review pursuant to paragraph 12 hereinabove, upon the basis of substantial evidence that Developer 13 has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 23 hereinabove; or A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 23 hereinabove. 25. No Wavier of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enfome or terminate this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event that there is a breach of this. Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 26. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, mortgages, shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the 14 security document evidencing the encumbrance or lien (hereinafter referred to as "the trust deed"); Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. The City agrees that the terms of this Agreement are s. Ubordinate .to an~5 sucl~ financing instrument and shall execute from time to time any an~t all aocmentafion reasonably re. quested by Developer or Lender to effect such subordination. 27. Notice to Lender. City shall give written notice of any default or breach under this Agreement by property owner to Lender and afford Lender the opportunity after service of the notice to: Cure the breach or default within sixty (60) days after service of said notice, where the default can by cured by the payment of money; Cure the breach or default within sixty (60) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within sixty (60) days after said notice, provided that acts to cure the breach or default are commenced within a sixty (60) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 15 security document evidencing the encumbrance or lien (hereinafter referred to as "the trust deed"); c. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursu/~ court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant ,t/9, a court order or pursuant to a d power of sale contained in a trust eed. 27. Notice to Lender. City shall give written no,?,; of any default or breach under this f Agreement by property owner to Lender and afford Le'r~er the oppommity after service o the notice tO: a. Cure the breach or default wi,/t~iin sixty (60) days after service of said notice, where the default can by of money; Cure the breach the breach within sixty (60) days after service of said notice where can be cured by something other than the payment of money or Cure the b or default in such reasonable time as may be required where payment of money is required to cure the breach or default and performed within sixty (60) days after said notice, provided that acts to are commenced within a sixty (60) day period after service e of default on Lender by City and are thereafter diligently continued by 15 28. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: They are commenced within sixty (60) days after service on Lender of the notice described hereinabove; They are, after having been commenced, diligently pursued in the manner required by law to completion; and Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. 29. Rent Control. In consideration for the limitations herein provided, City agrees that it shall not, during the term of this Agreement, take any action, the effect of which will be to control, determine or affect the rents for those low income rental units located in the Project. 30. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. 16 Developer: Robert D. Banman Prairie Pacific Investments 7201 Haven Avenue, E-347 Rancho Cucamonga, CA 91701 City: City of Rancho Cucamonga 10500 Civic Center Drive P. O. Box 807 Rancho Cucamonga, CA 91730 31. Attorneys' Fees. In any proceedings arising from the enforcement of this Development Agreement or became of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 32. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 33. Applicable Law. This Agreement shall be construed in accordance with and govemed by the laws of the State of California. 34. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 35. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of San B emardino. 17 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the effective date set forth hereinabove. CITY OF' RANCHO CUCAMONGA Dated: By William J. Alexander, Mayor Dated: By PRAIRIE PACIFIC INVESTMENTS Robert D. Banman 18 EXHIBIT "A" Parcel No. 1: The north one-half of Lot 1, Section 3, Township 1 south, Range 7 west, San Bemardino Base and Meridian, according to Map of Cucamonga Lands, in the County of San Bemardino, State of California, as per Map Recorded in Book 4 of Maps, Page(s) 9, in the Office of the County Recorder of said County. Excepting therefrom the east 333.00 feet. Also excepting therefrom north 60 feet lying within Baseline Avenue. Parcel No. 2: An easement for ingress, egress, drainage, public utilities and incidental purposes, descdbed as being over and across the south 55 feet. Excepting therefrom the east 110 feet. Said easement also affects the west 65 feet of the 110 feet of the following described Parcel: The south 120 feet of the east 168 feet of the north one-half of Lot 1, Section 3, Township I south, Range 7 west, San Bemardino Base and Meridian, according to Map of Cucamonga Fruit Lands, as Recorded in Book 4 of Maps, Page 9, records of San Bemardino County. Excepting therefrom the east 45 feet as granted to the County of San Bemardino, in Document Recorded June 14, 1965, in Book 6409, Page 719, Official Records. Said easement shall be permanent and assignable. Parcel No. 3: An easement for ingress, egress, drainage, public utilities and incidental purposes, descdbed as being over and across the south 55 feet. Said easement also affects the south I foot of the north 70 feet, excepting therefrom the east 50 feet, also excepting therefrom the west 223 feet of the following descdbed Parcel: The south 190 feet of the east 333 feet of the north one-half of Lot 1, Section 3, Township 1 Section, Range 7 west, San Bemardino Base and Meddian, in the County of San Bemardino, State of California, according to Map of Cucamonga Fruit Lands, as per Plat Recorded in Book 4 of Maps, Page 9, records of said County. Excepting therefrom the south 120 feet of the east 168 feet; Also excepting that portion thereof lying within Archibald Avenue. Said easement shall be permanent and assignable. A Ar ,[ A PRAIRIE PACIFIC INVESTMENTS 7201 Haven Ave. Suile E-347 Flancho Cucamonga, CaliL g1701 A[ Vicinity Map ~i~!;~:',! l?!:-~',.,':~,i~.i~ ill ,, U T[ '['ITI '[ i, A I Ar A I~tlJl~lllll I'fill JIll ,i- Detailed Site Plan (909) 989-5098 .... __j RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 95-22, A REQUEST TO CONSTRUCT A 158-UNIT, THREE- STORY SENIOR APARTMENT PROJECT IN THE HIGH DENSITY RESIDENTIAL (24-30 DWELLING UNITS PER ACRE), SENIOR HOUSING OVERLAY DISTRICT (SHOD), LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, WEST OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-031-75.. A. Recitals. 1. Prairie Pacific Investments, Inc. has filed an application for the approval of Development Review No. 95-22 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 25th day of October 1995, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application andcontinued said meeting to November 8, 1995. 3. On November 8, 1995, the Planning Commission conducted a 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 meeting on October 25 and November 8, 1995, including wdtten and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located on the south side of Base Line Road, west of Archibald Avenue with a street frontage of 328 feet and lot depth of 645 feet and is presently rough graded; and b. The property to the north of the subject site is designated for commercial uses and is developed with a shopping center. The property to the south consists of a single family residence and is designated for residential development. The property to the east is designated for commercial uses and is developed with a shopping center. The property to the west is designated for residential development and is developed with single family residences; and PLANNING COMMISSION RESOLUTION NO. DR 95-22 - PRAIRIE PACIFIC November 8, 1995 Page 2 c. The development of 158 affordable senior apartments on 4.85 acres, in conjunction with the Development Agreement, is consistent with the High Density Residential designation and the Senior Housing Overlay District of the Development Code and the High Density Residential designation of the General Plan; d. The project, in conjunction with the Development Agreement, will comply with the applicable provisions of the Development Code and General Plan; and 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed use is in compliance with each of the applicable provisions of the Development Code; and d. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed 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 Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said 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 Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur, c. 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 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 Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the PLANNING COMMISSION RESOLUTION NO. DR 95-22 - PRAIRIE PACIFIC November 8, 1995 Page 3 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. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference: Plannine Division 1) Approval of Development Review 95-22 is contingent upon approval of Development Agreement 95-01. 2) The block wall along the property boundary shall be constructed prior to commencement of the building construction. 3) Evergreen columnar trees shall be planted along the south and west property lines to provide screening and buffering between the project and the single family homes. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance. 4) The westerly perimeter wall shall be designed and constructed to provide a six-foot high wall as measured from the pad elevation of the residences to the west. At the northern end of the site, a three~ high planter wall shaft be constructed in front of the perimeter wall. The planter wall shall receive a decorative finish to match the perimeter wall. The final design of the perimeter and planter wall shall be reviewed and approved by the City Planner prior to building permit issuance. 5) The trash enclosure on the west side of the site shall be relocated away from the rear yards of the adjoining residences. The final location shall be reviewed and approved by the City Planner prior to building permit issuance. EnQineering Division 1) Any missing street improvements along Base Line Road, per Drawing No. 1168, shall be installed upon development. It will be necessary to recheck the plans for conformance to current City standards, since more than one year has elapsed since their approval. 2) Remove the westerly portion of the existing drive approach at the east property boundary, which provides acc. ess to adjacent development to the east, and reconstruct as follows: a) Make a good faith effort to obtain permission from the adjacent property to the east to enter onto their property for removal of a PLANNING COMMISSION RESOLUTION NO. DR 95-22 - PRAIRIE PACIFIC November 8, 1995 Page 3 public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 2, 3, and 4 above, this Commission hereby approves the application subject to each and ev condition set forth below and in the Standard Conditions, attached hereto and incorporated h ein by this reference: Planninq Division 1) Approval of Development Review 95-22 is conting ' t upon approval of Development Agreement 95-01. 2) The block wall along the property boundary sh z prior to commencement of the building constructio.~. 3) Ever reen c g olumnar trees shall be plant/e.~. along the south and west property lines to provide screening and buffering between the project and the single family homes. The fin/ai plans shall be reviewed and approved by the City Planner prior tp building permit issuance. / 4) The westerly perimeter wall shall be designed and constructed to / provide a six-foot high wall as measured from the pad elevation of the residences to the west. At the northern end of the site. a three-foot high planter wall shall be constructed in front of the perimeter wall. The planter wall shall receive a decorative finish to match the perimeter wall. The final/~l~sign of the perimeter and planter wall shall be reviewed and approved by the City Planner prior to building permit issuance. u~' / 5) The trash enclos n the west side of the site shall be relocated away from the r ar yards of the adjoining residences. The final location shall b ~f;viewed and approved by the City Planner prior to building permit ;suance. 1 i t improvements along Base Line Road, per Drawing No. 1168, shall be installed upon development. It will be necessary to recheck the plans for conformance to current City standards, since more than one year has elapsed since their approval. 2) Remove the westedy portion of the existing ddve approach at the east property boundary, which provides ac..cess to adjacent development to the east, and reconstruct as follows: a) Make a good faith effort to obtain permission from the adjacent property to the east to enter onto their property for removal of a PLANNING COMMISSION RESOLUTION NO. DR 95-22 - PRAIRIE PACIFIC November 8, 1995 Page 4 portion of their perimeter fencing. If permission is granted, reconstruct the drive approach to result in the west side being approximately 3 feet west of the property line and construct asphalt on-site to provide proper join. b) If permission is not granted, reconstruct the drive approach to match the existing aisle width on-site. c) In either case, curve the curb adjacent sidewalk to cross the reconstructed approach south of the zero curb face. 3) Submit a drainage study and install facilities as determined by the City Engineer. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATrEST: Brad Buller, Secretary 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 8th day of November 1995, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: ~~ ~Yf__//,/ /~'ZZ SUBJECT: /..;5~ L:,',',',',',',','~/,~" d/2.2.2.2.2.2.2.2.2.~~ APPLICANT: ~/../~ ~C ~Y~~ LOCATION: ~ ~~/~ ~/~ Those items chewed are Cond~lons of ~proval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. TIme LImits v'/ 1. Approval shall expire, unless extended by the Planning Commission, ff building permits are not issued or approved use has not commenced within 24 months from the date of approval. Development/Design Review shall be approved prior to / / ~V~-~ t~KI~'K,/ Approval of Tc~te~ No. ~f'~,~'-Z,~ is granted subject to the approval of The developer shall commence, padloipate in, and consummate or cause to be commenced, participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Prolection District Io 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 recordatlon ol the final map occurs. 5. Prior to recordation of the final map or the issuance of building permits, whichever comes first, Ihe 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 lhe issuance ol building permitS, whichever comes first. Further, il 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 Io the recordlion of lhe final map or issuance of building permits for said project, this condition shall be deemed null and void. Completion __/ / /.__/ .__/ / .__/ / 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. 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 districtwithin90dayspriortotinal mapappmvalinthecaseofsubdivisionorpriortoissuance 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 appmved plans which include site plans. architectural elevations, extedor materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Specific Plan and Planned Community. 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. '/' 6. Occupancy of the facility shall not commence until such time as all Uniform Building Code and 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. ___/ / /..__! _J / 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. ___/ / All site, grading, landscape, irrigation. and street improvement plans shall be coordinated for consistency pdor 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. ,/ 5C-10/94 Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances. and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Sheriffs Department (989-6611 ) pdor to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding co as not to adversely affect adjacent properties. ~ / Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to issuance of building permits. 10. All gmund-meuhted 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 landsoaping to the satisfaction of the City Planner. ._J / If no centralized trash receptacles are provided, all trash pick-up shall be for individual units / / with all receptacles shielded from public view. ~ / ,/ 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 priorto 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 animals where zoning requirements forthe keeping ol said animals have been met. Individual lot owners in subdivisions shall have the option ot keeping said animals without the necessity of appealing to hoards 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 firat. 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 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 recordatlon ol 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 An alternative energy system is required to provide domestic hot water for all dwelling units and tor 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. sc- iO/94 All dwellings shall have the from, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to City Planner review and approval pdor to issuance of building permits. _.J / __/ / ~ / /.__/ __J / __/ / __./ / /~ ~ / / / 3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for j / City Planner and Building Official review and approval prior to issuance of building permits. J / 4. AII roof appurtenances, including airconditionersandothermofrnountedequipmentand/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular Access (Indicate details on building plans) v" 1. 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). 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. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers if driveways are less than18 feet in --J depth from back of sidewalk. ,/ The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. _J / __/ / __/ /__/ / / E. Landscaping (tor publicly maintained landscape areas, refer to Section N.) v/ 1. Adetailed landscape and irrigationplan, includingslopeplantingandmodelhome landscap- ing in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval priorto the issuance of building permits or prior final map approval in the case of a custom lot subdivision. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Mu nloipal Cede Section 19.08.11 O, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborisrs recommendations regarding preservation, transplanting and trimming methods. Aminimumof ,~ trees pergross acre, compdsed olthefoliowing sizes. shall be Provided within the project: /~ %-48-inchboxorlarger,/~ % - 36- inch box or larger, /~ % - 24- inch box or larger, '/~ % - 15-gallon, and ~" % - 5 gallon. ,/ A minimum of % of trees planted within the project shall be specimen size trees 24-inch box or larger. Within parking lois, trees shall be planted at a rate of one 15-gallon tree for ever,/three parking stalls, sufficient to shade 50% of the panking area at solar noon on August 21. .._/ / J / __/ / _J / _J / sc- 10/94 ./ ,,/ 6. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. All private slope banks 5 feet or less in verlical height and of 5:1 or g reate r 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. AIIprivate slopesinexcessof5feet,butlessthan8 feet invertical heightandof2:l orgreater 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. ~. 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 vedical height and of 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. fl. 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. For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual unit is cold and occupied by the buyer. Prior to releasing occupancy for those u nits, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 10. For multi-family residential and non-residential development, property owners are respen- sible 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 a 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. 11. Front yard landscaping shall be required per the Development Code and/or · This requirement shall be in addition to the required street trees and slope planting. 12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any padoNay landscaping plan which may be required by the Engineering Division. 13. Special landscape leafurea such as rnounding, alluvial rock, specimen Size trees, meander- ing sidewalks (with horizontal change), and intensified landscaping, is required along 14. 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. 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteda shall encourage the natural growth characteristics of the selected tree species. 17. Landscaping and irrigation shall be designed to conserve water through the principles of · Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. __J / __/ / J.___/ __/ / __J / __/ / / / __/ / __/ / __/ / F. Signs / ,/ The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development Shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. A U nitorm Sign Program for this development shall be submitted for City Planner review and approval pdor to issuance of building permits. 3. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shall require separate application and approval by the Planning Division pdor to issuance of building permits. __J / __/ / /~ G. Environmental The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to beiow45CNEL, the building matedals and constructiontechniquesprovided, and it appropriate, verity the adequacy of the mitigation measures. The building plans will be checked for conformanoe with the mitigation measures contained in the final report. /..___/ ~ / H. Other Agencies v/ 1. Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire Protection District Standards. v/' 2. I//3. v/' 4. Emergency access shall be provided, maintenance free and clear, a minime m of 26 feet wide at all times during construction in accordance with Rancho Cucamenga Fire Protection District requirements, Prior to issuance ot building permits for combustible construction, evidence shall be submitted to the Rancho Cucamenga Fire Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. The applicant shall contact the U. S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. / / sc - 1o/94 For projects using septic tank facilities, written certification of acceptability, including all · supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. .J __ APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR e::P~IAN~E WIT~ THE FOLLOWING CONDITIONS: · I e eve opmen V/ 1 v" · The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits· Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. Completion Date: 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition ---J / to existing unit(s), the applicant shall pay development fees at the established rate· Such fees may include, but are cot limited to: City Beautifioation Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. 3. Prior to issuance of building permits for a new commercial or industrial development or __/ / addition to an existing development, the applicant shall pay development tees at the established rate. Such tees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4. StreetaddressesshaifbepmvidedbytheBui~ding~~icia~.af~ertract/parce~maprec~rdati~n and prior to issuance of building permits. _,J / J. Existing Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness of existing buildings. /.__J 2. Existing buildings shall be made to comply with correct building and zoning regulations for ----/ / the intended use or the building shall be demolished. v/ 3. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with the .--/ / Uniform Plumbing Code and Uniform Building Code. J / 4. Underground on-site utilities are to be located and shown on building plans submitted for building permit application. K. Grading ,//1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial contormance with the approved grading plan. A soils report shall be prepared by a qualilied engineer lioensed by the State of California to perform such work. ~ / The development is located within the soil erosion control boundaries; a Soil Disturoance Permit is required. Please contact San Bemardino County Department of Agriouiture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance of rough grading permit. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 5. Thefina~gradingp~anssha~~becemp~etedandappr~vedprlort~issuance~fbui~dingpermits~ / / ,__/ / ~ / SC-10/94 6. As a custom-lot subdivision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Salety Division priorto final map approval and priorto the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for dewatering and protecting the subdivided properties, are to be installed pdor to issuance of building permits for construction upon any parcel thal may be subject to drainage flows entering, leaving, or within a pamel relative to which a building pen'nit is requested. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to issuance of building and grading permits. (This may be on an incremental or composite basis.) e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or planted with ground cover for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction ol the Building Official. In addition a permanent irrigation system shall be provided. This requirement does not release the applioantJdeveioper from compliance with the slope planting requirements of Section 17.08.040 I of the Development Code. __/ / ._J / __/ / _._/ / __/ / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, --J community trails, public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the pealmater streets ---/ (measured from Street centedine): total feet on total feet on total feet on total feet on 3. An irrevocable offer of dedication for for all private streets or drives. 4. Non-vehicular access shall be dedicated to the City for the following Streets: / -foot wide roadway easement shall be made / / 5. Reciprocal access easements shall be provided ensudng access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of buitding permits, where no map is involved. sc- ~o/94 6. Pdvate drainage easements for cross-lit drainage shall be provided and shall be de lineated or noted on the final map. 7. The linal map shall clearly delineate a l0-foot minimum building restriction area on the neighboring lot adjoining the zero lot line wall and COntain the following language: "l/We hereby dedicate to the City of Rancho Cucamonga the right to prohibit the construction of (residential) buildings (or other structures) within those areas designated on the map as building restriction areas." A maintenance agreement shall also be granted from each lit to the adjacent lot through the CC&R's. 8. Al~existingeasemen~s~yingwifhinfuturerights~~~~waysha~~bequitc~aimed~rde~ineated~n the final map, 9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City wherever they encroach onto private property. 10. 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, a parallel street tree maintenance easement shall be provided. 11. The developer shall make a good faith effort to acquire the required off-site property interests necessan/to COnstruct the required public improvements, and if he/she should fail to do so, the alevet/bar shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to COmplete the improvements pursuant to Government Code Section 66462 atsuchlimeastheCityacquiresthepropertyinterestsrequiredlortheimprovements. Such agreement shall provide for payment by the developer of all COsts incurred by the City to acquire the offisite property interests required in connection with the subdivision. Security for a portion of these COsts shall be in the lorm 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. M. Street Improvements 1. All public improvements (interior streets, drainage facilities, COmmunity trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, Curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and slreet trees. 2. A minimum of 26- foot wide pavement, within a 40 -foot wide dedicated right-of-way shall be COnstructed for all half-section streets. v"" 3. Construct the foil/wing perimeter street improvements including, bet not limited to: Comp]ction Date: J / ._J / J / __/ / /J J / __/ / __J / __/ / STREET NAME CURB A A.C. SLOE- DRIV~ STREET SI~EET COMM MEDIAN BIKE GU'T'rER PVMT WALK APPR. LIGHTS TREES TRAL ISLAND TRAIL OTHER so- lo/94 Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) it so marked, side- marked. an ,.-,,e., o. co.struct,on ,ee sha.. v' 4. Improvement plans and construction: Street improvement plans including street trees and street lights, prepared by a regis- tered Civil Engineer, shall be submitted to and appmved 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 pdvate street improve- ments, priorto final map approval orthe issuance of building permits, whichever occurs first. Prior to any work being perlormed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic, street name signing, and interconnect conduit shall be installed to the satisfaction of the City Engineer. Signal conduit with pull boxes shall be installed on any new construction or reconstruction of major, secondary or collector streets which intersect with other major, secondary or collector streets for future traffic signals. Pull boxes shall be placed on beth sides of the street at 3 feet outside of BC R, EC R or any other locations approved by the City Engineer. Notes: (1) All pull boxes shall be No. 6 unless otherwise spocitied by the City Engineer. (2) Conduit shall be 3-inch galvanized steel with pullrope. e. Wheel chair ramps shall be installed on all four comers of intersections per City Standards or as directed by the City Engineer. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. A street closure permit may be required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family lots. h. Handicap access ramp design 'shall be as specitied by the City Engineer. i. Street names shall be approved by the City Planner prior to submittal for first plan check. 5. Sireel improvement plans per City Standards for all private streets shall be provided for review and approval by the City Engineer. Prior to any wo~< being pedormed on the pri- vate streets, fees shall be paid and construction permits shall be obtained from the City Engineer's Office in addition to any other permits required. 6. 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. /_.._/ __/ / .__/ / __/ / ~ / /,_J / 7. Intersection line of site designs shall be reviewed by the City Engineer for conformance with adopted policy. a. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Walls, signs, and slopes shaft be located outside the lines of sight. Landscaping and other obstructions within lhe lines of sight shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved, usually by moving the 2 +/- closest street trees on each side away from the street and placed in a street tree easement. __J / 8. A permit shall be obtained from CALTRANS for any work within the following right-of-way: .---/ / 9. All public improvements on the following streets shall be operationally complete pdor to the ----/ / issuance of building permits: N. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits. whichever occurs first. The following landscape parkways, medians, paseos, easements, trails, or other areas are required to be annexed into the Landscape Maintenance District: /.__/ 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be berne by the developer. _._/ / 3. All required public landscaping and irrigation systems shall be continuously maintained bythe .--/ / developer until accepted by the City. _._/ / 4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautiticatidn Master Plan: O. Drainage and Flood Control 1. The project (or porlions thereof) is located within a Flood H~zard 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 developers responsibility to have the correnf FIRM Zone .__/ / designation removed from the project area. The developers engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter ol Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 3. A final drainage study shall be submitled to and approved by the City Engineer prior to final J / map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. sc- 1o/94 4. A permit from the County Flood Control District is required for work within itsright-of-way. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 6. Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin on the public street. P. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable ']'V (all underground) in accordance with the Utility Standards. Easements shall be provided as required. J / J / .__/ / V/' 2.The developer shall be responsible for the relocation of existing utilities as necessary. __/ / V/ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the /----/ Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bemardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Q. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into '--/ / one parcel pr}or to issuance of building permits. 2. An easement for a joint use ddveway shall be provided prior to final mop approval or -----/ / issuance of building permits, whichever occurs first, for: __J / 3. Prior to approval of the final map a deposit shall be posted with the City covedng the estimated cost of apportioning the assessments under Assessment District among the newly created parcels. 4. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. .__/ / 5. Permits shall be obtained from the following agencies for work within their right-of-way: __J / 6. A signed consent and waiver form to join and/or form the Law Entorcoment Community Facilities District shall be filed with the City Engineer prior to final mop approval or the issuance of building permits, whichever occurs first. Formation costs shall be berne by the Developer. 7. Prior to finalization of any development phase, sufficient improvement plans shah be com- pleted beyond the phase beundades to assure secondary access and drainage protection to lhe satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative mop. J / APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 987-6405, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Melio Roos Community Facilities District requirements shall apply to this project. sc- ~o/o4 v/ 2. Fire flow requirement shall be gallons per minute. ,/ ,/ A= A previous fire flow, conducted gpm available at 20 psi. revealed A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy. 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed and operable prior to delivery of any combustible building mate dais on site (i .e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 4. Existing fire hydrant locations shall be provided priorto water plan approval Required hydrants, if any, will be determined by this department. Fire District standards require a 6" riser with a 4" and a 2-1/2" outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specitloatlons on approved brands and model numbers. 5. Prior to the issuance of building permits for combustible construction,evidence shall be submitted to the Fire Distdct that temperary water supply forfire protection is available, pending completion of required fire protection system. ,/ .__J / ._J / __/ / 6. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to /~ final inspection. __J / An automatic fire extinguishing system(s) will be required as noted below: v/Per Rancho Cucamonga Fire Protection District Ordinance 15. Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacurir.~j, spray painting, flammable liquids storage, high piled stock, etc. Contact Fire Safety Division to determine' if spdnkler system is adequate for proposed operations. 8. Sprinkler system monitoring shall be installed and operational immediately upon completion ----/ / of sprinkler system. __/ / 9. A fire alarm system(s) shall be required as noted below: v/Per Rancho Cucamanga Fire Protection District Ordinance 15. /' Califomia Code Regulations Title 24. NFPA 101. v/Other 10. Roadways within project shall comply wilh the Fire District's fire lane standards, as noted: All madways. Other sc- ~0/94 __/ / 11. Fire depadment access shall be amended to facilitate emergency apparatus. ,/' ,/ 12. Emergency secondary access shall be provided in accordance with Fire District standards., 13. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide .--/ at all times during construction in accordance with Fire District requirements. ___J__l / / 14. All trees planted in any median shall be kept trimmed a minimum of 14'6" from ground up so ---/ / as not to impede fire apparatus. __./ / 15. A building directory shall be required, as noted below: t/' Lighted director within 20 feet of main entrance(s). Standard Directory in main lobby. Other 16. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall---/ be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. V/ 17. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire .__/ Safety Division for specific details and ordedng information. 18. A tenant use letter shall be submitted prior to final beiiding plan approval. -J / be. id: have been paid. Prior to water plan approval. t//Prior to final plan approval. Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 20. Special permits may be required, depending on intended use, as noted below: ----/ A. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgemerlt of the Fire Chief is likely to produce conditions hazardous to life or property, Storage of readily combustible material. Places of assembly (except churches, schools and other non-profit organizations) D. Bowling alley and pin refinishing. E. Cellulose Nitrate plastic (Pyroxylin). F. Combustible fibers storage and handling exceeding 100 cubic feet. G. Garages Motor vehicle repair (H-4) H. Lumber yards (over 100,000 board feet). I. Tire rebuilding plants. J. Auto wrecking yards. Junk or waste material handling plants. K. Flammable linishes. Spraying or dipping operations, spray booths, dip tanIs, electrostatic apparatus, automobile undercoating, powder coating and organic peroxides and dual com- ponent coatings (per spray booth). L. Magnesium (more tha 10 pounds per day). M. Oil burning equipment operations. N. Ovens (industrial baking and drying). O. Mechanical refrigeration (over 20 pounts of refrigerant). P. Compressed gases (store. handle or use exceeding 100 cubic feet). Q. Cryogenic fluids (storage, handling or use). R. Dust-producing processes and equipment. S. Flammable and combustible liquids (storage, handling or use). T. High piled combustible stock. U. Liquified petroleum gas (store, handle, transport or use more than 120 gallons). V. Matches (mare than 60 Matchman's gross). W. Welding and cutting operations: to conduct welding and/or cutting operations in any occupancy. REAL ESTATE SER C 825 East Third Street · San Bernardino, CA 92415-0832 · Fax 1909) 387-~~' MANUEL AHUERO Administration {909) 387-2769 ~,,~ Director Acquisition (909) 387-2766 Appraisal Property Management (909) 387-2764 (909) 387-2767/2793 November 1, 1995 RECEIVED NOV 0 IS 1995 C~ty o~ Rar, cho Cucamonga pianning Division City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91729 Attention: PLANNING COMMISSION Re: CUP 95-20--HAMBURGER EXPRESS - RED OAK/ARROW The San Bemardino County, Real Estate Services Department, is property manager for a large Department of Public Social Services' office that employs the services of approximately 200. This office is located in direct proximity of the proposed restaurant. We are in support of the proposed drive-through/sit-down restaurant being considered for the southwest comer of Red Oak and Arrow. This eating establishment will provide convenient and much needed food service for the people working in the area. It is my understanding that the proposed restaurant has indoor seating and an outdoor patio area for patrons as part of the design features, in addition to the drive-through convenience benefit. The project proponent has a track record with ownership of existing quality restaurants in other Southern California locations and should be a welcome addition to our business area. TS:prg Real Property Agent November 7, 1995 Rancho Cucamonga Planning Commission R. C. Civic Center 10500 Civic Center Drive Rancho Cucamonga, CA 91730 lIE: CUP 95-20 Capi, , Grouse CPA, INC. PUSLIC ACCOUNTANTS 10763 EDISON COURT P, ANCHO We are very opposed to having a fast food restaurant on the southwest comer of Arrow Route and Red Oak. This will add significant foot traffic and vehicle traffic to an already busy and sometimes dangerous corner. This combined with the social service agency traffic across the street will make our location less desirable to work due to the increased foot and vehicle traffic. We are also concemed about what type of crime this type of restaurant may bring to an otherwise safe area. Thank you for allowing us to comment on this CUP. I agree with the Staff's recommendation to not allow this fast food joint to be built there. CUC~MONGA Sincerely, 909t 989 3000 AFFILIATE OFFICES: Dale Overholt gCHO CU~ON~, ~ MT. ~RMEL IL IND~OLIS, IN COLO~DO SPRINGS, CO ITEM D DATE: TO: FROM: BY: SUBJECT: Crl%' OF IL~',ICHO CUCAtvIONGA ' STAFF REPORT November 8, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Dan Coleman, Principal Planner ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 95-20 - KATELARIUS - A request to construct a 2,940 square foot ddve-thru restaurant on 1.11 acres of land in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan to be located at the southwest comer of Arrow Route and Red Oak Street - APN: 209-491-77. PROJECT AND SITE DESCRIPTION: Surrounding Land Use and Zoning: North Industrial; Industrial Park (Subarea 7) South - Industrial; General Industrial (Subarea 8) East Office/Industrial; General Industrial (Subarea 8) West Vacant; General Industrial (Subarea 8) General Plan Designations: Project Site - General Industrial North General Industrial South - General Industrial East General Industrial West General Industrial Site Characteristics: The site is vacant with no significant vegetation and slopes gently to the south. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footaoe Ratio Required Provided Fast Food Restaurant 2,940 Outdoor dining area 745 1/75 39 1/75 10 TOTAL 3,685 49 52 ANALYSIS: General: The applicant proposes to modify the master plan for Parcel Map 12848 which calls for three office buildings (see Exhibit "G"). This project would modify the master plan to reduce the comer parcel size from 2.44 acres through a lot line adjustment and replace one office building with the fast food restaurant (see Exhibit "H"). This project is contrary ~o Planning Commission Resolution No. 88-96 which prohibits drive- thru facilities within 300 feet of any intersection. Further, the proposed parcel lot width of 210 feet does not comply with the Industrial Area Specific Plan standard of 300 feet along Arrow ITEM D PLANNING COMMISSION STAFF REPORT CUP 95-20 - HAMBURGER EXPRESS November 8, 1995 Page 2 Route because of its status as a special boulevard. Both of these requirements may be waived by the Planning Commission if the proposed master plan is found acceptable. As the Commission is aware, the drive-through policy has been under review by both the full Planning Commission and a Subcommittee of the Planning Commission and changes are likely in the near future. Until then, it is staffs opinion that the deviation in distance from the intersection and lot width have been justified with the revised master plan. Design Review Committee: The Committee (Lumpp, Melcher, Fong) reviewed the project on September 19, 1995, and did not recommend approval. The Committee felt that the proposed architecture was inconsistent with the Commission's policy to discourage corporate architectural styles typical of fast food restaurant chains (tile mansard roof and stucco). The Committee recommended that the applicant revise the project to be compatible with surrounding buildings. The Committee (Lumpp, Fong) reviewed the revised plans on October 17 and recommended approval of the architecture subject to the conditions listed in the attached Resolution (see Exhibit "1"). The Committee continued to express concern with proposed land use on this corner; however, they indicated that this issue is a policy matter for discussion by the full Commission. D= Technical Review/Grading Committees: The Committees reviewed the project the week of September 18, 1995. The Committees recommended approval subject to the conditions listed in the attached Resolution, including installation of missing street improvements. Environmental Assessment: The Initial Study has been completed. Staff has determined that the project will not have a significant adverse effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin, notices were mailed to all property owners within 300 feet of the project site, and the subject property was posted. Staff has received one phone call in support of the project from a local employee and several letters of support from nearby businesses (see Exhibit "J"). In addition, we received a letter from an adjoining property owner expressing concern with littering and installation of a traffic signal (see Exhibit "J"). RECOMMENDATION: Staff recommends approval through adoption of the attached Resolution of Approval with conditions and issuance of a Negative Declaration. Attachments: Exhibit "A" - Exhibit "B" - Exhibit "C" - Exhibit "D" - Exhibit "E" - Exhibit "F" - Exhibit "G" - Exhibit "H" - Exhibit 'T' - Location Map Site Plan Grading Plan Landscape Plan Elevations Floor Plan Original Master Plan Proposed Master Plan Design Review Committee Minutes for September 19, & October 17, 1995 Exhibit "J" - Correspondence Resolution of Approval with Conditions Par. 2 CENTER P_,XH IPd' "A" / /~ ."1 (' 1 i F_-LE. VAT~C;~ ."'OIC> CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION 'ltlte- MRS.TF_P,, PLRN SALKIN ENGINEERING CORPORATION 121g E. CHAPMAN AVENUE ORANGE, CALIFORNIA 92GG6 1714) 633-7261 N N N I'1 3nsV;~f V.~ /..z,n CD~K DRAFTING SUPPLY 113506 DESIGN REVIEW COMMENTS 5:40 p.m. Dan Coleman September 19, 1995 CONDITIONAL USE PERMIT 95-20 - KATELARIUS - A request to conslruct a 2,940 square foot drive-thru restaurant on 1.11 acres of land in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan to be located at the southwest comer of Arrow Route and Red Oak Street - APN: 209- 491-77. Design Parameters: The site is located on a vacant parcel directly across the street from the new Depm~x~ent of Public Social Services building. This parcel is part of Parcel Map 12848 for which a master plan for 3 office buildings was prepared (see Exhibit "A"). This project proposes to modify the Master Plan in two ways: 1) reduce the parcel size through a lot line adjustment from 2.44 acres to 1.11 acres, and 2) replace one office building with the fast food restaurant (see Exhibit "B"). The Platruing Commission has adopted its Resolution No. 88-96 which contains policy prohibiting drive-thru facilities at intersections except within an approved master plan. The Commission's policy also discourages corporate architectural styles. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project: Site/Landscape Plan: 1. The proposed master plan is contrary to the Plarming Commission policy prohibiting drive-thru facilities within 300 feet of any intersection. 2. The proposed parcel width of approximately 210 feet is contrary to the Industrial Area Specific Plan minimum parcel width of 300 feet along Arrow Route due to its status as a Special Boulevard. This requirement would be waived if the proposed Master Plan is approved by the Planning Commission. Architecture: Revise elevations, in particular the building form, consistent with Industrial Area Specific Plan policy: "the design of buildings and site plans should be compatible with surrounding land use and architecture". It also states that "building materials, colors, and textures shall be compatible with those of adjacent or nearby buildings. "The Deparhnent of Public Social Services building, the only adjacent building on the south side of Arrow Route, features sandblasted concrete tilt-up. The industrial buildings to the north and south are painted concrete tilt-up construction. The proposed elevations have a "corporate" style typical of fast food restaurant chains (tile mansard roof and stucco) which is contrary to the Commission's policy to provide compatibility with surrounding buildings. a. Delete tile mansard roof element and gables. b. Add freestanding wall elements at pick-up window and patio and connect these to building with a trellis. Examples of these elements can be found on the Department of Public Social Services building next door and the State Farm Insurance building on Milliken, north of 4th Slxeet. c. Use smooth finish stucco or sandblasted concrete. \(II YT DRC AGENDA CUP 95-20 - KATELARIUS September 19, 1995 Page 2 Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: Some tuff should be used along both street frontages consistent with the neighborhood. The drive-thru screen wall should have a decorative cap. Policv Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: Decorative paving should be used in the drive entry throat from Arrow Route in keeping with the importance of this street as a Special Boulevard. Attachments: Design Review Committee Action: Members Present: Heinz Lumpp, John Melther, Nancy Fong Staff Planner: Dan Coleman The Committee did not recommend approval of the architecture. The applicant was given direction to start over and design a building compatible with surrounding buildings. The Committee also expressed concern that the project was inconsistent with interim drive-thru policies. The Committee recommended that the applicant meet with Building & Safety Division to determine ADA accessibility requirements. 5:00 p.m. DESIGN REVIEW COMMENTS Dan Coleman October 17, 1995 CONDITIONAL USE PERMIT 95-20 - KATELARIUS - A request to construct a 2,940 square foot drive-thru restaurant on 1.11 acres of land in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan to be located at the southwest comer of Arrow Route and Red Oak Street - APN: 209- 491-77. Background: On September 19, 1995, the Design Review Committee (Lumpp, Melcher, Fong) reviewed the project and requested that the architecture be completely revised to be compatible with surrounding buildings and eliminate the "corporate" style typical of fast food restaurants. The applicant has been working with staff on these revisions. Major revisions, as suggested by staff, include: deletion of tile mansard roof and gables, addition of projecting fascia elements at pick-up window and patio. Design Review Committee also asked the applicant to contact the Building & Safety Division regarding compliance with ADA. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project: 1. Add detail to south elevation, such as the 2 foot by 2 foot appliques. Increase depth of support posts at front entry from 8 inches to 18-24 inches to match posts used at pick-up window. Add solid roof or shade trellis, within stucco fascia surround, over drive-thru lane at pick-up window. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues. Staff believes that these are minor details and can be conditioned: 1. Some turf should be used along both street frontages consistent with neighborhood. 2. The drive-thru screen wall should have a decorative cap. Two-foot x 2-foot applique should be inset (recessed) into stucco wall or surrounding by built-up stucco molding to give a more finished appearance. As proposed they are simply "applied" to stucco surface. Two-foot by 2-foot applique is shown as either ceramic tile or painted stucco. Does Committee have a preference? Cornice molding should wrap around ends of parapet returns on south elevation to give a finished appearance (see attached sketch). recess 'stripes;' over front entry door)? Are the proposed accent colors acceptable: Blue Green "Jade" (2-foot horizontal band; cornice; metal flashing parapet cap; 2-foot by 2-foot applique), and Brick Red (3-inch metal channel DRC COMMENTS CUP 95-20 - KATELARIUS October 17, 1995 Page 2 Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 1. Decorative paving should be used in drive entry throat from Arrow Route in keeping with the importance of this street as a Special Boulevard. Staff Recommendation: Staff recommends approval subject to conditions deemed appropriate to address the previously mentioned issues. Design Review Committee Action: Members Present: Heinz Lumpp, Nancy Fong Staff Planner: Dan Coleman The Committee recommended approval of the architecture, subject to the following conditions; however, noted that the proposed land use is inconsistent with adopted Planning Commission policy. The full Commission must address the issue of whether the use is appropriate at this location: 1. Submit color samples prior to Planning Commission. The Committee expressed concem with colors, particularly the contrast between the Jade green and the Brick red. Wrap entire parapet with cornice molding. Recessed metal channel should be widened to about 6 inches. Sign area on west elevation should provide gap from tile medallions. The remaining issues identified by staff should be conditioned. 3. 4. 5. ancho Air, Incorporated RECEIVED October 20, 1995 City ofRancho Cucamonga Planning Division P.O. Box 807 Rancho Cucamonga, CA 91729 -,,. 1995 ~jity ol Fiancho Cucanlonga Planning Diwsion Re: Proposed Restaurant at intersection of Red Oak & Arrow. I wish to express my approval for the applicants desire to build the proposed restaurant. I believe this business would greatly reduce traffic during lunch hour in the area. All of the employees in this area must drive a distance to get lunch, and most of those establishments are very busy. Many times it is difficult to get lunch in a reasonably short period of time. I realize that this type of business does not exactly fit with the surrounding buildings, but that feature is what makes it desirable. I would gladly welcome a new venture to this comer and ask for your support. ' Sincerely,/' ;: -.>_L.._~.~'~, , ~ ,, .::::!. Perry Armstrong Richard Armstrong Susan Armstrong Tara Armstrong RECEIVED October 30, 1995 8 1 1995 ol Rancho Cucamonga Planning Division Planning Commission City ofRancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 RE: CUP 95 - 20 Dear Commissioners: I am the owner of 127,876 square feet of office and industrial space located very close to the proposed restaurant that is the subject of the referenced CUP 95-20. The three properties I own and operate are Jersey Business Park (107,568 SF with approximately 50 tenants) located at 10700 Jersey Boulevard, 8660 Red Oak Street (9,232 with I tenant) and 8690 Red Oak Street (10,826 SF with 1 tenant). I am in full support of the restaurant, with drive-through window, to be built at the southwest comer of Arrow Route and Red Oak Street. The eating establishment will provide a much needed service for the people working in the area. I have visited Mr. Katelaris's restaurants in Irwindale and Huntington Beach and I welcome his quality operation and service to our business neighborhood. Sincerely, James T. Rountree ..... ,5 Jersey B~vd.. Su~le 610, Rantrio Cucamonga, CA 91730 (909) 945-1700 October 30, 1995 Planning Commission City ofRancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Raneho Cueamonga, CA 91729 R. C. PROPERTIES, LLC 3241 AIta Laguna Boulevard Laguna Beach, CA 92651 Telephone 714-494-3697 RECEIVED OCT 3 1 1995 Oily o~ Rancho Cucamonga Planning Division CUP 95- 20 Dear Ladies and Gentlemen: I am the managing partner of the company, R. C. Properties, that owns the propert3' contiguous to the west of the SWC of Arrow Route and Red Oak Street. I support CUP 95-20 and the construction of the proposed fast food restaurant at that location. Very truly yours, R. C. PROPERTIES, LLC Darrell A. Butler A.H. REITER DEVELOPMENT October 25, 1995 Planning Commission City ofRancho Cuearaonga P. O. Box 807 Rancho Cucamonga, CA 91729 Re: Environmental Assessment and Conditional Use Permit 95-20 Katelarius SW Corner of Arrow Route & Red Oak Street APN: 209491-77 RECEIVED OCT 3 0 1995 Cily of Rancho Cucamonga Planning Division Gentlemen: I would assume that along with the approval on this drive-thru restaurant, that the City will use the · nds it has gathered, along with the funds from this project, and install a Traffic Signal at this comer. My current office is across the street from Jack-in-the-Box, at the southwest comer of Arrow Route and Archibald Avenue. Unfailingly, the bus riders leave their empty Jack-in-the-Box wrappings and plastic cups in our landscaped areas. How are you planning to mitigate this problem with regard to our present Bus Shelter? I do not object to this development, if the above-noted concerns are addressed and carded out. Sincerely, r De AHR;It 9650 Business Center Drive · Rancho Cucamo~730 * (909) 980-1643 · FAX (909) 989-0446 Charles oseph Associates PUBLIC/PRiVATE SECTOR MANAGEMENT SERV$CES RECEIVED October 31, 1995 NOV 0 1 1995 August H. Reiter III,' Partner A. H. Reiter Developmere Company 9650 Business Center Drive Rancho Cucamonga, CA 91730 Oi~y ol Rancho Cucamonga planning Division Environmental Assessment and Conditional Use Permit 95-20 Katelarius SW Corner of Arrow Route & Red Oak Street, Rancho Cucamonga APN 209491-77 Dear Mr. Reiter: Thank you for the opportunity to discuss the concerns outlined in your correspondence to the City of Rancho Cucamonga Planning Commission on the subject project. As I indicated to you, I have been retained by Mr. Katolarius to provide Development Liaison services for the purpose of obtaining approval of a drive-thru restaurant in the proximity of your property. The following is for the purpose of memorializing the discussion we had in an effort to address and resolve your concerns: 1. With respect to the installation of a traffic signal, you are well aware that signalization of intersections is based on an identified intersection meeting mandated traffic warrants before such activity can occur. As part of his development fees, my client is paying his proportionate advance share of signalization costs when such activity is determined as necessary by the City of Rancho Cucamonga's Traffic Engineer in the future. 2. With regard to your litter concerns, we are fortunate that my client has considerable experience in the drive-thru restaurant business, and is most cognizant of the need to maintain a business that strives to be as litter-free as possible. This aspect of his business operations is a source of pride, which is apparen~y absent with the example referenced in your correspondence. Mr. Katelarius has represented that as part of his restaurant business operations, he will continue to ensure that staff regularly go through the exterior site to observe and remove any litter that may be on the premises. He has also indicated willingness to have his staff include the bus shelter located on your property as part of those duties. f ~D"3~){'ficc t)09.qB] · 1822 800'240' 1822 Fax ~)Ot)'qBJ · 1824 Foodfill Blvc Stlitc 205' Rilllchtl (Ltlcalllt)llgil, CA't)IT30 ( :it)' Ccnlcr · I 1l(~81 I will be happy to prepare and forward an appropriate indemnification/hold harmless agreement for your review and execution consistent with accepted business risk management standards on behalf of my client in order to accomplish this task. Thank you for your support of my client's project, which will help address the current deficiency of quality food services for the industrial businesses in this area. Please let me know if I can be of any assistance to you in your dealings with Omnitrans with respect to acceptance and maintenance of the bus shelter on your property. Should you have any questions or wish to discuss this matter further, please feel free to contact me at your earliest convenience. Sincerely, Charles J. Buquet Charles Joseph Associates C~ Mr. Pete Katelarius Mr. Dan Coleman, City of Rancho Cucamonga RESOLUTION NO. A RESOLUTION Of THE PLANNING COMMISSION OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 95-20 FOR A HAMBURGER EXPRESS DRIVE-THRU RESTAURANT LOCATED IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 8) Of THE INDUSTRIAL AREA SPECIFIC PLAN, ON THE SOUTHWEST CORNER OF ARROW ROUTE AND RED OAK, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-491-77. A, Recitals. 1. Pete Kateladus has filed an application for the issuance of Conditional Use Permit No. 95-20, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 8th day of November 1995, 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 headng on November 8, 1995, including wdtten and oral staff reports, together with public testimony, this Commission heraby specifically finds as follows: a. The application applies to property located on the southwest comer of Arrow Route and Red Oak Street with a street frontage of 210 feet and lot depth of 260 feet and is presently not improved; and b. The properties to the north and south are industrial, the property to the west is vacant, and the property to the east is an office complex; and c. The application contemplates the operation of a fast food restaurant with a drive- thru consistent with the goal of the Industrial Area Specific Plan to provide convenient services for workers and business visitors; and d. The vacation of an existing non-vehicular access easement across Parcels I and 3 of Parcel Map 12848 and its replacement with a non-vehicular access easement as approved with this application is consistent with the General Plan. 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 I and 2 above, this Commission hereby finds and concludes as follows: PLANNING COMMISSION RESOLUTION NO. CUP 95-20 - HAMBURGER EXPRESS November 8, 1995 Page 2 a. The proposed use is in accord with the General Plan, the objectives of the Industrial Area Specific Plan, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Industrial Area Specific Plan. 4. Based upon the facts and information contained in the proposed 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 Negative Declaration based upon the findings as follows: a. The Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said 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 Negative Declaration with regard to the application. b. Based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the Califomia Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and 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 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-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission heraby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannino Division 1) Decorative paving treatment shall be provided at the Arrow Route entry throat, extending from right-of-way line to the end of the throat. 2) No entertainment is permitted by this approval. No entertainment, as defined by RCMC 5.12.020, shall be conducted without first obtaining an Entertainment Permit from the Planning Commission. 3) Some turf shall be incorporated into both street frontages consistent with the neighborhood. 4) Provide decorative cap on the drive-thru screen wall. PLANNING COMMISSION RESOLUTION NO. CUP 95-20 - HAMBURGER EXPRESS November 8, 1995 Page 3 5) Provisions for the following design features in the trash enclosure to the satisfaction of the City Planner: a) Architecturally integrated into the design of the project. b) Separate pedestrian access that does not require the opening of the main doors. c) Roll-up door. d) Trash bins with counter-weighted lids. e) Architecturally treated overhead shade trellis, f) Chain link screen on top to prevent trash from blowing out and designed to be hidden from view. 6) Graffiti shall be removed within 72 hours. 7) The entire site shall be kept free of trash and debds at all times, and in no event shall trash and debds remain for more than 24 hours. 8) Bicycle storage facilities shall be installed at a rate of 1 rack per 30 car spaces (minimum 3). The racks shall be located south of the building. 9) Stripe parking space next to trash enclosure as "LOADING ZONE." 10) Add a solid roof or shade trellis within the stucco fascia surround over the drive-thru lane at the pick-up window. 11 ) Cornice molding shall extend on top of all parapets. 12) The recessed metal channel shall be increased in width to approximately 6 inches. 13) Provide a gap between the sign area and the tile medallions on the west elevation to be consistent with the east elevation. Engineering Division 1) R26 "No Parking Anytime" signs shall be installed on street light standards or posted along the Arrow Route and Red Oak Avenue frontages. 2) A lot line adjustment shall be processed between APNs 209-491-77 and 209-491-76 prior to the issuance of building permits, 3) Vacate the existing non-vehicular access of Parcel Map Number 12848 and reestablish non-vehicular access with respect to the accepted driveway location, 4) Remove the existing ddve approach for APN 209-491-76 and construct full height curb and gutter to the satisfaction of the City Engineer. PLANNING COMMISSION RESOLUTION NO. CUP 95-20- HAMBURGER EXPRESS November 8. 1995 Page 4 5) A non-refundable deposit shall be paid to the City covering the estimated cost of operating all street lights during the first six months of operation, prior to the issuance of building permits. Police Department 1) Provide a minimum of 1 foot candle lighting within parking areas, 6. The S,ecretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995, PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary I, Brad Bullet, 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 8th day of November 1995, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. TIme LImits 1. Approval shall expire, unless extended by the Planning Commission, ff building permits are not issued or approved use has not commenced within 24 monthsfromthe date of approval 2. Development/Design Review shall be approved prior to / / , 3. Approval of Tentative Tract No. is granted subject to the approval of Completion Date __/ / ~ / ___/ / The developer sh~ll cornroe nce, participate in, and consummate or cause to be commenced, participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection Distdct 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 applicable laws and regulations. The CFD shall be formed by the District and the developer by the time recordatlon of the final map occurs. 5. Prior Io recordation of lhe 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 ot the project site into the territory of such existing District prior to the recordatlon of the final map or Ihe 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 fecor{~ation of the linal map or issuance of building permits 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 ~mpacts as a re,suit of this project. 6. Prior to recordalion of the final map or prior to issuance of building permits when no map is involved, written certifioation 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 appmved plans which include site plans, architectural elevations, extedor materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Specific Plan and Planned Community. Proiect ~oC-b''fi Completion Date: ._J / __/ / Prior to any use of the project site or business activity being commenced thereon, all J / Conditions of Approval shall be completed to the satisfaction of the City Planner. ___/ / Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancbd 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. ._J / All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency pdor to issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or prior to final map approval in lhe case of a custom lot subdivision, or approved use has commenced. whichever comes first. ,/ Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Sherilf'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 nc centralized trash receptacles are provided, all trash pick-up shall beforindividualunits .__/ / with all receptacles shielded from public view. J / Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to issuance of building permits. 10. All ground-mouhtod utility appurtenances such as transformers, AC condensere, 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 City Planner. l'roiect XoCU~ '1 Completion Date: ,/ 11. Street names shall be submiried 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 priorto 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 Restdctidns (CC&Rs) shall not prohibit the keeping of equine 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 beards of directors or homeowners' associations for amendments to the CC&Rs. ___/ / __J / 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, homoowners' 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 ot building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or 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 ot the final map or issuance of permits, whichever comas first. The easements shall prohibit the casting ol 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 moditidations to the site including, but not limited to. extedor 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 Historio 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. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of sudace treatment subject to City Planner review and approval pdor to issuance of building permits. D. Parking v"'/1. 2. Standard patio cover plans for use by the Homeowners' Association shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffe red from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. and Vehicular Access (indicate details on building plans) Proiect No.c-'U'~ ~,,~".~.7 ComDletton Date: /_,__/ __J / All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall .__/ / contain a 12-inch walk adjacent lo the parking stall (including curb). .__/. / Textured pedestrian pathways and textured pavement across circulation aisles shall be provldedthr~ugh~utthedeve~~pment~~connectdwellings/units/bui~dingswith~penspaces/ plazas/recrealional uses. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publicly maintained landscape areas, refer to Section N.) V'/ 1..A detailed landscape and irrigation plan including slope plant ng and model home landscap- Ing in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110, and so noted o n t he grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborisrs recommendations regarding preservation, transplanting and tdmming methods. A minimum of trees pergross acre, comprised of the following sizes, shall be provided within the project: % - 48- inch box or larger, % - 36- inch box or larger, __ % - 24- inch box or larger, % - 15-gallon, and % - 5 gallon. A minimum of .% of trees p anted within the project shall be specimen size trees - 24-inch box or larger. 5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. __/ / _J / __J / ._J / / / / / / / ~ / __/ / ,/ Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. AIIprivateslopebanks5feetorlessinverticalheightandof5:l orgreaterslope, butlessthan _.J / 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. AIIprivateslopesinexcessof5feet,butlessthan8 feet invertical heightandof2:l orgreater ---J / 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. It. of slope area, 1-gallon or large r 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 of 2:1 orgreaterslopeshallalsoincludeone 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. For single family residential development, all slope planting and irrigation shall be continu- ---/ / ously maintained in a healthy and Ihdving condition by the developer until each individual unit is sold and occupied bythe buyer, Priorto releasing occupancytorthose units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 10. For multi-family residential and non-residential development, property owners are respon- sible 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 debds and maintained in a 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. Proir. ct No.~'l/? ?~'-.2C _J / __/ / 11. Front yard landscaping shall be required porthe Developmoht Code and/or · This requirement shall be in addition to the required street trees and slope planting. _/ / 12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander- ing sidewalks (with horizontal cha e), and intensified landscaping, is required along ~ / ~ / V'/ 14. Landscaping and irrigation systems required to be installed within the public right-ol-way on the perimeter of this project area shall be continuously maintained by the developer. 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These chteda shall encourage the natural growth characteristics of the selected tree species. __ 17. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. / / / F. Signs 1. Thesignsindicatedonthesubmittedplansareconceptualonlyandnotapartofthisapproval. Any signs proposed for this development shall comply with the Sign Ordinance and shall - re. quire separate application and approval by the Planning Divis on prior to installation of any signs. Proiect No~C//°7'~ Completion Date: ~ / 2. AUniformSignProgramforthisdevelopmentshallbesubmittedforCityplannerreviewand .__/ /. approval prior to issuance of building permits. J / Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shall require separate application and approval by the Planning Division pdor to issuance of building permits. G. Environmental The developer shall provide each prospective buyer written notice of the Fourlh Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone forthe Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, pdor to accepting a cash deposit on any property. 4. AfinalacousticalreportshallbesubmittedforCilyPlannerreviewandapprovalpriortothe issuance of building permits. The final report shall discuss the level of interior noise attenualiontobeiow45CNEL, thebuildingmatedalsand constructiontechniquesprovided, and if appropriate, verity the adequacy of the mitigation measures. The building plans will be checked for conformence with the mitigation measures contained in the final report. Other Agencies V// 1. Emergency secondary access shall be provided in accordancewith Rancho Cucamonga Fire Protection District Standards. Emergency access shall be provided, ma ntenance Iree and clear, a minimum of 26 feet wide at all times during construction in accordance with Rancho Cucamenga Fire Protection District requirements. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucarnonga Fire Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. The applicant shall contact the U. S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. 4. __/ / ~ / /___/ ~ / __/ / ~ / __/ / sc- For projects using septic tank facilities, written certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official pdor to the issuance of Septic Tank Permits, and prior to issuance of building permits. Project No.('lt~ Completion Date: APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. 4. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautificatldn Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prior to issuance of building permits. ___/ / __/ / __/ / J. Existing Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness of existing buildings. 2. Existing buildings shall be made to comply with correct building and zoning regulations for the intended use or the building shall be demelished. 3. Existingsewagedisp~sa~faciiitiessha~~berem~ved~fi~ledand/~rcappedt~comp~ywiththe Uniform Plumbing Code and Uniform Building Code. ~ / _../ / _J / 4. Underground on-site utilities are to be located and shown on building plans submitted for __/ / building permit application. K. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. ~ / A soils report shall be prepared by a qualified engineer licensed by the State of California to ---/ / pedorm such work. __/ / The development is located within the soil erosion control boundaries; a Soil Disturbance Permit is required. Please contact San Bemardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance of rough grading permit. The final grading plans shall be completed and approvod priorto issuance of building permits. A geological report shall be prepared by a qualified engineer or geologist and submitted at --J / the time of application for grading plan check. __/ / 6. As a custom*lit subdivision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Salety Division priorto final map approval and prior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for alewatering and protecting the subdivided properties, are to be installed pdor to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. d. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to issuance of building and grading permits. (This may be on an incremental or composite basis.) e. All slipa banks in excess of 5 feet in vertical height shall be seeded with native grasses or planted with ground cover for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the Building Official. In addition a parmaneht irrigation system shall be provided. This requirement does not release the applicantJdeveliper from compliance with the slope planting requirements of Section 17.08.040 I of the Development Code. Proiect \'oC-A~'/~ Completion Datc: ~ / ~ / __J / .__/ / ._J / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access 1. RigMs.of-way and easements shall be dedicaled to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centedine): totalfeeton total feet on totalfeeton total feet on 3. An irrevocable offer of dedication for for all private streets or drives. -foot wide roadway easement shall be made 4. Non-vehicular access shall be dedicated to the City for the following streets: 5. Reciprocal access easements shall be provided ensudng access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of sc - 1o/~4 building permits, where no map is involv~~ ~ / ~ / / / / / __J / 6. Private drainage ease ments for cross-lit drainage shall be provided and shall be de lineated or noted on lhe final map. 7. The final map shall clearly delineate a 10-toot minimum building restriction area on the neighboring lot adjoining the zero lot line wall and contain the following language: J / "l/We hereby dedicate to the City of Rancho Cucamonga the right to prohibit the construction of (residential) buildings (or other structures) within those areas designated on the map as building restriction areas." A maintenance agreement shall also be granted lrom each lit to the adjacent lit through the CC&R's. 8. Al~existingeasements~yingwithin~uturerights~~f-wayshal~bequitc~aimed~rde~ineated~n the final map. 9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City wherever they encroach onto private property. 1 O, 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, a parallel street tree maintenance easement shall be provided. 11. The developer shall make a good faith effort to acquire the required off-site property interests necessary to construct the required public improvements, and If he/she should fail to do so, the develiper shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 atsuchtimeastheCityacquiresthepropertyinterestsrequiredlortheimProvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site properly interests requ fred in connection with the subdivision. Security for a pertion of these costs shall be in the torm of a cash deposit in the amount given in an appraisal report obtained by the develiber, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. _J / _J__l _J / ___/ / M. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall inClude, but are not limited to, Curb and gutter. AC pavement. ddve approaches, sidewalks, street lights, and street trees. _,_/ / 2. A minimum o126- foot wide pavement, within a 40 -foot wide dedicated fight-of-way shall be constructed for all half-section streets. 3. Construct the following perimeter street improvements including, put not limited to: __/ / _J / STREET NAME CURB & A.C. SIDE- DRIV15 Sl~EET Sl~EET GUTTER pVMT WALK APPR. LIGHTS TREES COklM MEDIAN BIKE TRAL LSLAND TRAIL OTHER 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, side- walk shall be curvilinear per STD. 304. (d) If so marked, an in-lieu of construction fee shall be provided for this item. Proiect No.:CL7/~ Completion Date: 4. Improvement plans and construction: Street improvement plans including street trees and street lights, prepared by a regis- tered Civil EDgineer, shall be submitted to and appmved 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 pdvate street improve- ments, prior to final map approval or the issuance of building permits, whichever occurs first. Prior to any work being pedormed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic, street name signing, and interconnect conduit shall be installed to the satisfaction of the City Engineer. Signal condu it with pull boxes shall be installed o n any new construction or reconstruction of major, secondary or collector streets which intersect with other major. secondary or collector streets for future traffic signals. Pull boxes shall be placed on both sides of the street at 3 feet outside of BC R, ECR or any other locations approved by the City Engineer. Notes: (1) All pull boxes shall be No. 6 unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch galvanized steel with pullrobe. e. Wheel chair ramps shall be installed on all four comers of intersections per City Standards or as directed by the City Engineer. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. A street closjre permit may be required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon complelion 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 lots. h. Handicap access ramp design shall be as sbecitied by the City Engineer. i. Street names shall be approved by the City Planner prior to submittal for first plan check. 5. Slreet 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 petformed on the pri- vate streets, fees shall be paid and construction permits shall be obtained from the City Engineer's Office in addition to any other permits required. 6. 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. ~ / __/ / ~ / _J / ,_.J / ~ / _.J / ~ / ~ / ~ / __/ / sc- IO/94 Completion Date; 7. Intersection line of site designs shall be reviewed by the City Engineer lor conformance with adopted policy. J / a. On collector or larger streets, lines of sight shall be plotted for all project intersections, J / including driveways. Walls, signs, and slopes shall be located outside the lines of sight. Landscaping and other obstructions within the lines of sight shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved, usually by __/ / moving the 2 +/- closest street trees on each side away from the street and placed in a street tree easement. 8. A permit shall be obtained trom CALTRANS for any work within the following right-of-way: .--J / 9. All public improvements on the following streets shall be oberaticnally complete pdor to the issuance of building permits: /.__./ N. Public Maintenance Areas 1. A separate set of landscapo and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval pdor to final map approval or issuance of building permits, whichever occurs first. The following landscape parkways, medians, paseos, easements, trails, or other areas are required to be annexed into the Landscape Maintenance Distdct: ~ / ,/ 2. A signed consent and waiver form to ~oin and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer priorto final map approval or issuance of building permits whichever occurs first. Formation costs shall be berne by the developer. __/ / 3. All required public landscaping and irrigation systems shall be continuously maintained by the ----/ / developer until accepted by the City. J / 4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautitication Master Plan: O. Drainage 1. and Flood Control 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. It shall be the deveiobers responsibility to have the current FIRM Zone designation removed from the project area. The deveioper's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. __/ / 4. A permit from the County Flood Control District is required for work within its right-of-way. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 6. Public ston'n drain easements Shall be graded to convey ovenlows in the event of a blockage in a sump catch basin on the public street. P. Utilities .__/ / ._J / .__./ / 1. Provide separate utility services to each parcel including sanitary sewerage system, water, __./ / gas. electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2.The developor'shall be responsible for the relocation of existing utilities as necessary. .__J / 3. Water and sewer plans shall be designed and constructed to meet the 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 the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Q. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of building portoits. 2. An easement for a joint use driveway shall be provided prior to final map approval or issuance of building portoits. whichever occurs first, for: ~ / .__/ / 3. Pricr to approval of the final map a deposit shell be posted with the City covering the estimated cost of apportioning the assessments under Assessment District among the newly created pareels. 4. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan DrainageFeesshallbepaidpriortofinalmapapprovalorpriortobuiidingpormitissuance it no map is involved. / / / / 5. Permits shall be obtained from the following agencies for work within their right-of-way: / / 6. A signed consent and waiver form to join and/or form the Law Enforcement Community Facilities Distdct shall be filed with the City Engineer prior to final map approval or the issuance of building permits, Whichever occurs first. Formation costs shall be berne by the Developor. 7. Prior to finalization of any development phase, sufficient improvement plans shall be com- pleted beyond the phase beundades to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative map. / / / / APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 987-6405, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Melio Roos Community Facilities District require ,ments shall apply to this project. sc- lo/s4 / / d 2. Fire flow requirement shall be .'~(::::n~ gallons per minute/~," A. A previous fire flow, conducted revealed gpm available at 20 psi. V/B. A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy. 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed and operahie priorto delivery of any combustible building mate rials o n site (i.e., lumber, roofing materials. etc.). Hydrants flushing shall be witnessed by fire department personnel. ~ / .__/ / 4. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, J if any, will be determined by this department. Fire District standards require a 6" riser with a 4" and a 2-1/2" outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. 5. Prior to the issuance oi building permits for combustible construction,evidence shall be .--J submitted to the Fire District that te mperary water supply for fire protection is available, pending completion of required fire protection system. 6. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to --J / final inspection. 7. An automatic fire extinguishing system(s) will be required as noted below: ----/ / V/Per Rancho Cucarnonga Fire Protection District Ordinance 15. Other ,/ Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacuring, spray painting, flammable Ik:lulds storage, high piled stock, etc. Contact Fire Safety Division to determine if sprinkler system is adequate for proposed operations. 8. Sprinkler system monitoring shall be installed and operational immediately upon completion of sprinkler system. 9. A fire alarm system(s) shall be required as noted below: v/ Per Rancho Cucamenga Fire Protection District Ordinance 15. California Code Regulations Title 24. NFPA 101. Other 10. Roadways within project shall comply with the Fire District's fire lane standards, as noted: /All madways. Other ~ / __J / sc- ~o/94 SC- 10/~4 Note: Separate plan chec~k fees for fire protection systems (sprinklers, hood systems, alarrns, etc.) and/or any consultant reviews will be assessed upon submittal of plans. V'/ 20. Special parrnits may be required, depending on intended use, as noted below: ---J / A. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgement of the Fire Chief is likely to produce conditions hazardous to life or proparty. B. Storage of readily combustible material. Y/C. Places of assembly (except churches, schools and other non-profit organizations) D, Bowling alley and pin refinishing. E. Cellulose Nitrate plastic (Pyroxylin). F, Combustible fibers storage and handling exceeding 100 cubic feet. G. Garages Motor vehicle repair (H-4) Lumber yards (over 100,000 board feet). V'/' 19. Plan check fees in the amount of $ An additional $ ~,"~ O · O¢> shall be paid: Prior to water plan approval. Prior to final plan approval. ~,//11. Fire department access shall be amended to facilitate emergency apparatus. /---J 12. Emergency secondary access shall be provided in accordance with Fire District standards. ~ / 13. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide /~ at all times during construction in accordance with Fire District requirements. 14. All trees planted in any median shall be kept trimmed a minimum of 14'6" from ground up so /----/ as not to impede fire apparatus. 15. A building directory shall be required, as noted below: /----/ Lighted director within 20 feet of main entrance(s). Standard Directory in main lobby. Other 16. A Knox rapid entry key vault shall be insfailed prior to final inspection. Proof of purchase shall-----/ / be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering inlormation. 17. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire__/ / Safety Division for sbecifio details and ordering information. 18. A tenant use letter shall be submitted prior to final building plan approval. ---/ / have been paid. .__/ / Tire rebuilding plants. Auto wrecking yards. Junk or waste material handling plants. Flammable finishes. Spraying or dipping operations. spray booths, dip tanIs, electrostatic apparatus, automobile undercoating, powder coating and organic peroxides and dual com- ponent coatings (per spray booth). L. Magnesium (more tha 10 pounds per day). M. Oil burning equipment operations. N. Ovens (industrial baking and drying). O. Mechanical refdgeratidn (over 20 pounts of refrigerant). P. Compressed gases (store, handle or use exceeding 100 cubic feet). Q. Cryogenic fluids (storage, handling or use). R. Dust-producing processes and equipment. S. Flarnmable and combustible liquids (storage, handling or use). T. High piled combustible stock. U. Liquified petroleum gas (store, handle, transport or use more than 120 gallons). V. Matches (more than 60 Matchman's gross). W. Welding and cutting operations: to conduct welding and/or cutting operations in any occupancy. CUp CITY OF RANCHO CUCAIVIONGA ' STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 8, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Steve Hayes, AICP, Associate Planner ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15707 RITTENHOUSE - The proposed development of a 5-unit detached condominium project on 1.0 acres of land in the Medium Residential Development District (8-14 dwelling units per acre) located on the north side of Base Line Road, west of Alta Cuesta Ddve - APN: 202-025-01. Related Files: Vadance 95-05, Tentative Tract 14208, Variance 94-03. VARIANCE 95-05 - RI'I'FENHOUSE - A request to waive the requirement for common open space, amenities and visitor parking and to reduce the required interior site boundary setback from 20 to 15 feet for a proposed 5-unit detached condominium project on 1.0 acres of land in the Medium Residential Development District (8-14 dwelling units per acre) located on the north side of Base Line Road, west of Alta Cuesta Drive - APN: 202-025-01. Related Files: Tentative Tract 15707, Tentative Tract 14208, Variance 94-03. PROJECT AND SITE DESCRIPTION: A. Project Density: 5.0 dwelling units per acre. Surrounding Land Use and Zonina: North - Single family and Multiple family Residential; Low-Medium Residential (4-8 dwelling units per acre) South - Single Family Residential; Low Residential (2-4 dwelling units per acre) East - Flood Control Channel; Flood Control, City of Upland West - Detached Condominiums (under construction); Medium Residential (8-14 dwelling units per acre) General Plan Designations: Project Site - Medium Residential (8-14 dwelling units per acre) North - Medium Residential (8-14 dwelling units per acre) South - Low Residential (2-4 dwelling units per acre) East - Flood Control West - Medium Residential (8-14 dwelling units per acre) ITEMS E & F PLANNING COMMISSION STAFF REPORT TT 15707 & VAR 95-05 - RITTENHOUSE November 8, 1995 Page 2 Site Characteristics: The property fronts on Base Line Road and is part of a larger 5-acre site surrounded on three sides by the City of Upland. The plan calls for a continuation of the southernmost east/west drive aisle to the east to terminate into a cul-de-sac. The property is several feet higher than surrounding properties in all adjoining directions. A number of trees exist on the portion of the site approved under Tentative Tract 14208, but none on the property considered under this application. The site will take vehicular access from Base Line Road via the approved driveway for Tentative Tract 14208. All proposed common open space, amenities, and visitor parking is proposed to be contained within Tentative Tract 14208, for which a Variance is proposed in conjunction with this application. E, Parkina Calculations: Parking Garage Number of Number Required Total Req'd Garage Spaces Spaces Bedrooms of Units Per Unit Req'd Spaces/Unit Reo'd Provided Three 3 2.0 6 2 6 6 Four 2 2.3 5 2 4 4 Guest 0 0.25 1 0 0 0 Total Parking Required - 12 Total Parking Provided - 10 * * See Analysis and Variance Sections BACKGROUND: On June 8, 1994, the Planning Commission approved Tentative Tract 14208. The proposed project is a continuation of Tentative Tract 14208, a 20-unit detached condominium project under construction on 3 acres. In addition, a Master Plan was submitted showing how the entire 5-acre site could be developed by utilizing the same product type proposed for the specific 3-acre project. The Master Plan showed 2 units on the 1 -acre site proposed for development under this new application; 5 units are now formally proposed. ANALYSIS: General: The site will gain vehicular access by using the approved access from Base Line Road from the adjoining project and continuing the southernmost east/west drive aisle to its terminus as a cul-de-sac. The same three house models that were approved for Tentative Tract 14208 are proposed with this application. One of the models has three elevation types and the other two have two elevation types each. All units are proposed with two-car garages. The houses range in size from 1,700 to 1,795 square feet and are all two-story. The proposed units are detached single family residences with separate private open space areas, and garages attached to the living areas. In the Medium Residential District, single family detached houses are only allowed to be developed using the Optional Development Standards. The applicant is not proposing any common open space, amenities, or visitor parking within this project; they are proposing to use these elements as developed within PLANNING COMMISSION STAFF REPORT TT 15707 & VAR 95-05 - RI'FFENHOUSE November 8, 1995 Page 3 Tentative Tract 14208, which established the Master Planning for the entire 5*acre site. In order to use these elements from this project, a variance is required, and will be analyzed later in this report. Variance: In conjunction with the subdivision and design review application, the applicant has submitted a multi-faceted Variance application. The applicant is requesting to waive the requirement for common open space and amenities within the 1-acre project area. Instead, the applicant is proposing to use the common open space and amenities approved for Tentative Tract 14208. The applicant is requesting to add and utilize visitor parking to the area specified for visitor parking within Tentative Tract 14208; not on the actual project site considered under this application. Finally, the applicant is requesting to reduce the interior property line setback along the flood control channel from 20 to 15 feet. Common Open Space: The applicant contends that their Master Planned project as a whole provides sufficient total open space, which is pdmadly located in private yard areas. However, the Development Code requires projects in the Medium Residential Development Distdct to have a minimum of 35 percent common open space and 40 percent total open space. The approved portion of the Master Planned project has approximately 52 percent total open space, but only 25 percent common open space, as approved per Variance 94-03. The Planning Commission approved this Variance with the required findings, noting that the single family detached flavor of the project with ample private open space adequately compensated for the reduction in the amount of common open space in this situation. Again, with this application, the applicant is proposing to utilize the approved common open space within Tentative Tract 14208. In doing so, this project would obviously have no common open space and it would lower the percentage of common open space within the two projects combined to approximately 19 percent. However, when combining the private open space for both tracts, a total of approximately 38.5 percent private open space is proposed, resulting in a total open space of approximately 57.5 percent, well in excess of the 40 percent total open space required by the Development Code. The high percentage of private open space, especially in this new subdivision, is largely a result of the awkward triangular shape of the parcel; the house on the north side of the new cul-de-sac will have an extensive, very deep, triangular shaped private yard area. Staff believes that the common open space area can be considered to serve the entire 5-acre "island" of land and that the large amount of private open space typical of a single family detached product type compensates for the reduced amount of common open space; therefore, staff supports this portion of the Variance request. Recreation Amenities: With the second portion of the Vadance request, the applicant is proposing to use the amenities provided within the common open space area of the previously approved tract adjacent to the proposed project. The amenities approved for that common open space area include a large open lawn area, tot lot, and barbeque facilities. With the addition of the 5-unit project to the master planned area (from 20 to 25 units), no additional amenities would normally be required. Staff believes this current proposal is a continuation of the overall Master Plan for the 5-acre area; therefore, staff supports approval of this portion of the Vadance request. F3 PLANNING COMMISSION STAFF REPORT TT 15707 & VAR 95-05 - RITTENHOUSE November 8, 1995 Page 4 C= Visitor Parking: The applicant is proposing to add two visitor parking spaces adjacent to those approved for Tentative Tract 14208. The Variance is required since the new spaces are not technically within the boundaries of the proposed tract, but in the adjacent tract, which is part of the same Master Planned project. The two new visitor parking spaces would more than compensate for the lack of visitor parking in the new tract and be no more than 100 feet from the furthest new residence, which is well within 'the Code requirement of being no more than 150 feet from any residence. Staff supports approval of this portion of the Variance request. Intedor Property Line Setback: The applicant is asking to reduce the minimum intedor site boundary setback from 20 to 15 feet. In this situation, the interior site boundary is considered to be the east property of the project, along the Cucamonga Creek Flood Control Channel. The applicant contends that the lesser setback provides sufficient private open space in the rear yard area for each unit and allows for a greater separation of units along the street, which makes for a more open and aesthetically pleasing streetscape. The purpose of the 20-foot interior site boundary setback in the Medium Residential Development District is to reduce the potential for land use compatibility issues to adse when a development of a different type or density is immediately adjacent to the project. Furthermore, the increased setback for this zone also assumed that multiple unit, larger buildings would typically be the building type of choice. In this specific situation, the Cucamonga Creek Flood Control Channel separates this project from the single family residential development on the east side of the channel. It should also be noted that single family detached residences in the same density range proposed for this project (the Low-Medium Residential Zone) are only required to have a 15-foot intedor site boundary setback, pdmarily because single family homes are typical of this zone and other single family subdivisions normally exist or are zoned adjacent to this development district. Since this project will take on the appearance of and have a density typical of a single family subdivision, and a flood control channel separates the project from adjacent development, staff feels that the required findings can be made to support this portion of the Variance. DesiGn Review Committee: On October 17, 1995, the Design Review Committee (Melcher, Lumpp, Fong) reviewed the project and recommended revisions as indicated in the attached Design Review Committee Action Comments. The applicant revised the project per the recommendations of the Design Review Committee and the project was then reconsidered on October 31, 1995. The Committee (Melcher, Lumpp, Fong) recommended approval of the project with conditions to the Planning Commission as indicated in the attached Design Review Committee Action Comments. Technical Review Committee: On October 18, 1995, the Technical Review Committee reviewed the project and determined that, with the recommended Conditions of Approval, the project is consistent with all applicable standards and ordinances, with the exception of the requested Variances. The Grading Committee conceptually recommended approval of the project at its meeting on October 17, 1995. PLANNING COMMISSION STAFF REPORT TT 15707 & VAR 95-05 - RI'I'I'ENHOUSE November 8, 1995 Page 5 Environmental Assessment: Part I of the Initial Study has been completed by the applicant. Staff has completed Part II of the Initial Study, the Environmental Checklist, and found that there could be a potentially significant noise impact on residents of the project if sound attenuation devices (interior and exterior) are not incorporated into the project design, An acoustical analysis was prepared previously in conjunction with Tentative Tract 14208 that addressed the situation for the entire frontage of the 5-acre area, including the Base Line Road streetscape. A 6-foot high decorative block wall has already been designed to be incorporated 'at the top of the slope along the entire Base Line Road frontage per the recommendation of the acoustical consultant. Therefore, although the project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures included in the project design and conditions of approval. If the Commission concurs, then issuance of a mitigated Negative Declaration would be in order. CORRESPONDENCE: These items have been advertised as public hearings in the Inland Valley Dailv Bulletin newspaper, the property has been posted, and notices were sent to the property owners within a 300 foot radius of the site. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Tract 15707, the Design Review thereof, and Variance 95-05 through adoption of the attached Resolutions of Approval with Conditions and issue a Mitigated Negative Declaration. City Planner BB:SH:mlg Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Resolution Resolution Resolution - Site Utilization Map - Tentative Tract Map/Site/Grading Plan - Master Plan - Building Elevations - Design Review Committee Action Comments for October 17, 1995 - Design Review Committee Action Comments for October 31, 1995 of Approval for Tentative Tract 15707 of Approval for the Design Review of Tentative Tract 15707 of Approval for Variance 95-05 CITY OF RANClIO CUCAMONGA PLANNING DIVISION T~TI.E LO~AT|O~ EXHIBFT: A SCALE: L I TEIVT'ATIVE T'RACT' NO, I~'?0~ E.C .P / TENTATIVE TRACT NO. 14208 FRONT ELEVATION 'B' LEFT SIDE ELEVATION FRONT ELEVATION 'A' ,c,,.,= I,,--, '-,' RIGHT SIDE ELEVATION REAR ELEVATION FRONT ELEVATION 'B' LEFT 81DE ELEVATION "~ RIGHT 81DE ELEVATION REAR ELEVATION PLAN 2 L} ....... PLAN 3 -,, -_ ........ ,: ..~ ~"~ "' / FRONT ELEVATION 'A' .c,~.: ,,,' ,'-.' DESIGN REVIEW COMMENTS 5:40 p .m. Steve Hayes October 17, 1995 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15707 - KITTENHOUSE - The proposed development of a 5 unit detached condominium project on 1.0 acres of land in the Medium Residential Development District (8-14 dwelling units per acre), located on the north side of Base Line Road, west ofAlta Cuesta Drive - APN: 202-025-01. Related Files: Variance 95-05, Tentative Tract 14208, Variance 94-03. - Design Parameters: This project is an expansion of a previously approved project (Tract 14208) which is currently under construction. The new portion of the project continues the established east/west street to become a finished cul-de-sac, with the new 5 units plotted at its terminus. The applicant is proposing to utilize the same common open space area, amenities and visitor parking as provided within the larger portion of the project area, approved under Tentative Tract 14208. The site is bounded by residential development on all sides, except east, where a flood control channel currently exists. A number of trees exist on the portion of the site approved under Tentative Tract 14208, but none exist on this portion of the site. This application will not require extensive grading, as the rough grading and design for this portion of the site has already been reviewed by staff. A summary of the related request for Variance 95-05 is attached. Staff Comments: The following conunents are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project: As stated earlier, this portion of the site does not include any common open space, umenities, or visitor parking. These elements are all inclusive within the larger portion of the overall site area, previously approved under Tentative Tract 14208. The applicant has submitted a variance to address the issue of common open space. The Planning Commission granted a Variance for Tentative Tract 14208 to reduce the common open space requirement from 35 percent to 25 percent. The proposed cul-de-sac will eliminate 625 square feet of common open space and further reduce this percentage. The Committee should comment as to whether this request is acceptable in terms of the master planned design for the project as a whole, or if this project should be redesigned to incorporate the required elements. The proposed number of units is too much for this difficult piece of land. Staff recommends deleting one unit to address these concerns: A lack of a front yard (other than driveways) for units 1, 2, and 3 Plan does not show entry walks which will exacerbate this problem; Awkward relationship between units because of tight setbacks and orientation of entries and living areas; and c. A cul-de-sac dominated by concrete driveways. The proposed architecture, perimeter walls and other walls and fences are identical to those used ori the 20 units previously approved under Tentative Tract 14208. Staff finds these elements to still be acceptable and would recommend that no further modifications be made. 441 'Z -/" DRC COMMENTS TT 15707 - RITTENHOUSE October 17, 1995 Page 2 Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. Solid decorative block wails should be used between units to screen the private yard areas from public view. 2. The landscape and streetscape design used within the proj.ect and along Base Line Road should be consistent with that approved for the balance of the project area. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 1. Provide a strong pedestrian connection between the new units to the common open space area. 2. Pilasters should be a minimum size of 2 feet square and be consistent in design with those used within the balance of the project. Staff Recommendation: Staff recommends that the Design Review Committee direct the applicant to revise the plans and return for additional Committee review. Design Review Committee Action: Members Present: John Melcher, Heinz Lumpp, Nancy Fong Staff Planner: Steve Hayes The Design Review Committee did not recommend approval of the project as presented. The Committee directed the applicant to revise the Site Plan for the October 31, 1995 Design Review Committee meeting addressing the following issues: The drive aisle on the new project and the related project to the west should be relocated back as close as possible to its originally approved condition, lining up with the drive aisle on the west side of the north/south Linden Lane, so that the amount ofcomrnon open space area is no less than originally approved under Variance 94-03. The units within the new project should be replotted and spread out to minimize the amount of pavement in the front yard areas and to reduce the number of awkward relationships between adjacent units. The Committee preliminarily recommended against the proposed modification from standard windows with mullions to vinyl windows with no mullions. However, the Committee did note that they may reconsider this item after visiting the manufacturing plant where the windows are made. 5:00p.m. DESIGN REVIEW COMMENTS Steve Hayes October 31, 1995 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15707 - RITTENHOUSE - The proposed development of a 5 unit detached condominium project on 1.0 acres of land in the Medium Residential Development District (8-14 dwelling units per acre), located on the north side of Base Line Road, west ofAlta Cuesta Drive - APN: 202-025-01. Related Files: Variance 95-05, Tentative Tract 14208, Variance 94-03. Background: This project was reviewed by the Design Review Committee on October 17, 1995. The Committee (Melcher, Lumpp, Fong) recommended that the Site Plan be revised to be consistent with the conceptually approved Site Plan for the related subdivision (i.e. location of on-site drive aisles and the minimum area required for the common open space element) and that the units on the new Site Plan be replotted to provide a more open appearing streetscape at the end of the cul-de-sac and better house-to- house orientations between adjacent residences. A copy of the October 17, 1995 Design Review Committee Action Comments are attached for your convenience. Staff Comments: The following comments are intended to provide an outline for Committee discussion. As of the writing of these comments, revised plans had not yet been submitted for staff review. Therefore, staff will provide an oral presentation along with the revised Site Plan at the meeting for Committee consideration. Staff Recommendation: Staff recommends that the Design Review Committee consider the revisions presented by the applicant. If the Committee finds the revisions acceptable, then a recommendation of approval to the Planning Commission would be appropriate. However, if the Committee feels that further revisions are necessary, then the Committee should recommend denial of the project to the Planning Commission since a public hearing is already set for November 8, 1995. Design Review Committee Action: Members Present: John Melcher, Heinz Lumpp, Nancy Fong Staff Planner: Steve Hayes The Design Review Committee recommended approval of the project to the Planning Commission subject to the following conditions: Eliminate the lot line separating this subdivision from the westerly adjacent Tract (TR 14208) to move Unit 1 closer to the west, which would give a more open feeling to the entire cul-de-sac. The Committee recommended approval of the accent material changes as proposed by the applicant. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 15707, THE PROPOSED DEVELOPMENT OF A 5-UNIT DETACHED CONDOMINIUM PROJECT ON 1.0 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DEVELOPMENT DISTRICT (8-14 DWELLING UNITS PER ACRE) LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, WEST OF ALTA CUESTA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-025-01. A. Recitals. 1. Mr. Ralph Rittenhouse has filed an application for the approval of Tentative Tract Map No. 15707, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 8th day of November 1995, 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 headng on November 8, 1995, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the north side of Base Line Road, west of AIta Cuesta Drive with a street frontage of approximately 149 feet and lot depth of 469.2 feet and is presently improved with asphalt curb along Base Line Road; and b. The property to the north of the subject site is single and multiple family residential, the property to the south consists of single family residences, the property to the east is a flood control channel, and the property to the west is multiple family residential; and c. The application contemplates the construction of 5 detached condominiums consistent in design with the project immediately to the west; and d. The project, as submitted, will require variances as detailed in the related application for Variance 95-05; and e. The subdivision configuration meets all health, safety, and access criteria established by the City's Fire District and Engineering Division. PLANNING COMMISSION RESOLUTION NO. 'l'r 15707 - RI']'FENHOUSE November 8, 1995 Page 2 3. Based upon the substantial evidence presented to this Commission dudng the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. That the Tentative Tract is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the Tentative Tract is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The Tentative Tract is not likely to cause sedous public health problems; and f. The design of the Tentative Tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all wdtten 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 Negative Declaration based upon the findings as follows: a. That the 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 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 Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. 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 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 Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission dudng the public headng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subjeCt to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. TT 15707 - RITTENHOUSE November 8, 1995 Page 3 Plannine Division 1) All applicable conditions from Planning Commission Resolution No. 94-45 (Tentative Tract 14208) shall apply to this project. 2) This approval is granted contingent upon approval of the related request for Variance No. 95-05. 3) The CC.&Rs for Tentative Tract 14208 shall be amended to include this project, addressing such items as homeowners association, reciprocal access, landscape maintenance, etc., to the satisfaction of the City Planner and City Engineer. 4) A Minor Exception will be required for any combination block/retaining walls in excess of 6 feet, but less than 8 feet, in overall height. Enaineedna Division 1) The existing overhead utilities (telecommunications, 66KV communications and electrical, except for the 66KV electrical) on the project side of Base Line Road shall be undergrounded along the entire project frontage extending to the first pole off-site (east and west) of the project boundary, prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing Base Line Road shall be undergrounded at the same time. The developer may request a Reimbursement Agreement to recover one-half the difference between the undergrounding cost of the utilities (telecommunications and electrical) on the project side of the street minus those utilities (electrical) on the opposite side of the street. Said reimbursement agreement shall be submitted to the City within six months of the public improvements being accepted by the City or all fights of the developer to reimbursement shall terminate. 2) A non-refundable deposit shall be paid to the City covering the estimated cost of operating all street lights during the first six months of operation, prior to building permit issuance or approval of the Final Map, whichever occurs first. 3) The developer shall reimburse the owner of Tentative Tract 14208 for public improvements constructed across the project frontage, pursuant to the City's improvement plan Drawing No. 1537. 4) Private ingress/egress and public utility easements to be granted by the owner(s) of Tentative Tract 14208 to the development properly and shall be recorded prior to final map approval. 5) Provide reciprocal access easement in favor of Tentative Tract 14208. 6) City improvement plan Drawing No. 1~37 shall be revised to show the proposed private drain outlets to Base Line Road per City standard drawings. PLANNING COMMISSION RESOLUTION NO. TT 15707- RI']'I'ENHOUSE November 8, 1995 Page 4 7) The developer shall ensure that the landscape frontages for the development as well as the adjacent project, Tentative Tract 14208. are in compliance with the Base Line Road Beautification Master Plan. The landscape plans for the areas between the perimeter walls and street curbs shall be reviewed for consistency and compatibility with the City's beauti~cation project across the street (south side of Base Line Road), and are subject to City Engineer and City Planner approval. 6. The S.ecretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regulady 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 8th day of November 1995, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: Those items checked are Conditions of Approval. ,l APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. TIme LImits 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 / / 3. Approval of Tentative Tract No. i ~r'7 c, 7 is granted subject to the approval of ,/ The developer shall commence, participate in, and consummate or cause to be COmmenced, padicipated in, or COnsummated, a Melio-Roos Community Facilities District (CFD) for the Rancho Cucamenga Fire Protection District to finance construction and/or maintenance of a firs station to serve the development. The station shall be located, designed, and built to all specifications of the Rancho Cucamenga Fire Protection District, and shall become the District's properly 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 Melto-Roos Community Facilities District lot 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 ot 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 distrial has not formed a Melio-Roos Community Facilities Distrial within twelve months from · the date of approval of the project and prior to the recordalion of the tinal map or issuance of building permits for said project, this condition shall be deemed null and void. Completion Date / / ~ / __/ / _y / __/ / sc- io/~t Cornple~on 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 ampacts 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 districtwithin90dayspriortofinal maPaPProvalinthecaseofsubdivisionorpriortoissuance of permits in lhe case of all other residential projects. B. Site Development t/ 1. The site shall be developed and maintained in accordance with the appmved plans which ..__/ / include site plans, architectural elevations, extedor materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and 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. i/z 6. 'v/' 7. Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamenga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 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. 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. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Sherifrs Department (989-6611 ) pdor 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 City Planner review and approval prior to issuance of building permits. 10. All ground-mouhted 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 City Planner. sc- IO/~4 _._J / .._/ / .__/ / ~ / __J / .__/ / / / / / /11. Street names shall be submitted for City Planner review and approval in accordance with j / the adopted Street Naming Policy prior to approval of the final map. t/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 priorto 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 .__/ 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 beards of directors or homeowners' associations for amendments to the CC&RS. y/' l 5. 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. Allparkways, openareas, and landscaping shall beparmanentlymaintained bytheproperty ___/ owner, homoowners' 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 forthe purpose of assuming that each lot or 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 recordatlon of the final map or issuance of permits, whichever comos 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, extedor alterations and/or interior alterations which affect the exterior of the buildings or structures, removal of landmark trees, demoliticn. 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 supplemonted with solar heating. Details shall be included in the building plans and shall be submitted lor City Planner review and approval prior to the issuance of building permits. A~ dwellings shall have the front, side and rear eldvatlons upgraded with architectural treatment, detailing and increased delineation of sudace treatment subject to City Planner review and approval pdor to issuance of building permits. s~- 1o/~4 D. Parking '/1. 2. v/3. 4. V' 5. Standard patio cover plans for use by the Homeowners' Association shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffe red from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. and Vehicular Access (indicate details on building plans) All parking lot lar~dscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). Textured pedestrian pathways and lextured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/ plazas/recreational uses. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal sourco of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publicly maintained landscape areas, refer to Section N.) 1. A detailed landscape and irrigation plan, including slope planting and model home landscap- ing in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval priorto the issuance of building permits or prior final map approval in the case of a custom lot subdivision. Completion Date: /__J /~ .__/ / .__/ / .__/ / __/ / __/ / _J / .__/ / /~ 2. ~xisting trees required to be preserved in place shall be protected with a construction barrier ._.J / ~n accordance with the Mu nicipal Code Sect ion 19.08.110, and so noted on t he grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborisrs recommendations regarding preservation, transplanting and tdmming methods. V/ 3. Aminimumof e-//~~ treespargrossacro, cempdsedofthefoliowingsizes, shallbeprovided J / within the project: . % - 48- inch box or larger, //) % - 36- inch bex or larger, ],~ % - 24- inch box or larger, ,E'O %-15-gallon, and %-5gallon. 4. A minimum of % of trees planted within the project shall be specimen size trees - / / 24-inch box or larger. '/" 5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three / / parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. sc- 10/94 Trees shall be planted in areas of public view adjacent to and aicng structures at a rate of one tree per 30 linear feet of building. Completion Date: __/ / All private slope banks 5 feet or less 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. AII private slopes in excessof5feet,but lessthan8 feet invertloal height and of2:l orgreater slope shall be landscaped and irrigated for erosion contrei and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1 -gal ion or large r size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks inexcessof8feetinvertloalheightand of 2:1 orgreatersiopeshallalsoincludeone 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 shaft include a permanent irrigation system to be installed by the developer prior to occupancy. For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thdving condition by the developer until each individual unit is sold and occupied bythe buyer. Priorto releasing occupancyforthose units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. ~ / ~ / 10. For multi-family residential and non-residential development, properly owners are respen- sible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landsoaped areas shall be kept free from weeds and debds and maintained in a 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. 11. Front yard landscaping shall be required berthe Deveiopmant Cede and/or · This requirement shall be in addition to the required street trees and slope planting. ~ / 12. The final design of the pealmater parkways, walls, landsoaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander- ing sid : ,, . .h a,c.ange,.andinte.s.,ed,and..ping. isre.u,red a ng 14. 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. 15. All walls shall be provided with decorative treatment. If located in publiC maintenance areas, the design shall be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These cnteda shall encourage the natural growth characteristiCs of the selected tree species. 17. Landscaping and irrigation shall be designed to conserve water through the principles of · Xeriscape as defined in Chapter 19.16 of the Rancho Cucamanga Munloipai Code. _J / __/ / / / / sc - 1o/94 F, Signs The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall re. quire separate application and approval by the Planning Division prior to installation of any s~gns. ~ / 2. AUniformSignProgramforthisdevelopmentshallbesubmittedforCityplannerreviewand __J / approval prior to issuance of building permits. J / Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupan(;y and shall require separate application and approval by the Planning Division prior to issuance of building permits. G. Environmental The developer shall provide each prospective buyer written nolice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any properly. The developor shall provide each pruspoctive buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any propony. The developor shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, pdor to accepting a cash deposit on any property. 4. ~`fina~a~ustica~rep~rtsha~bes~bmit~edf~rCi~yP~annerreviewandapprova~pri~rt~the ~ssuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction lechniques provided, and it appropriate, verity the adequacy of the mitigation measures, The building plans will be checked for conformance with the mitigation measures contained in the final report. H. Other Agencies V 1. EmergencysecondaryaccessshallbeprovidedinaccordancewithRanohoCucamongaFire Protection District Standards. Emergency access shall be provided, maintenance free and Clear, a minimum of 26 feet wide at all times during construction in accordance with Ranoho Cucamenga Fire Protection District requirements. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucamenga Fire Protection District that temporan/water supply for fire protection is available, bending completion of required fire protection system. The applicant shall contact the U. S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. v//4. .__/ / __/ / __J / .__/ / ~ / __/ / .__/ / __/ / s<: - lo/94 For projects using septic tank facilities, written certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. J / Completion Date: APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Site Development v/ 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- cal Code, Unitorm Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. '~/' 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautitioation Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. __J / /__J Prier to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, Schoo! Fees, Permit and Plan Checking Fees. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prier to issuance of building permits. _J / ~ / J. Existing Structures Provide compliance with the Uniform Building Code for the property line clearances ---/ / considering use, area, and fire-resistiveness of existing buildings. J / Existing buildings shall be made to comply with correct building and zoning regulations for the intended use or the building shall be demolished. 3. Existing sewage disposal facilities shall be removed filled and/or capped to comply with the ---J / Uniform Plumbing Code and Uniform Building Code. 4. Underground on-site utilities are to be located and shown on building plans submitted for .__/ / building permit applicatien. K. Grading Y 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards. and accepted grading practices, The final grading plan shall be in substantial conformanca with the approved grading plan. A soils report shall be prepared by a quaillied engineer lieensed by the State of California to perform such work. _J / _.J / The development is located within the soil erosion control boundaries; a Soil Disturbance Permit is required. Please contact San Bernardtrio County Department of Agriculture at (714) 387-2111 for permit applicatien. Documentation of such permit shall be submitted to the City prior to the issuance ot rough grading permit. 4. A geologieal report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 5. Theflna~gradingplanssha~~becomp~etedandappr~vedpri~rt~issuance~fbui~dingpermits. __J / __/ / sc- 1o/94 6. As a CUstom-lot subdivision, the lollowing requirements shall be met: a. Surety shall be posted and an agreement exeCUted guaranteeing completion of al! on-site /_.-J. drainage facilities necessary for alewatering all parcels to the satisfaction of the Building and safety Division prior to final map approval and prior to the issuance of grading permits, b. Appropriate easements for safe disposal of drainage water that are conducted onto ---/ / or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for alewatering and protecting the subdivided --J / properties, are to be installed pdor to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. d. Final grading plans for each parcel are to be submitted to the Building and Safety pivision for approval prior to issuance of building and grading permits, (This may be on an ~ncremental or composite basis.) e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or planted with ground COver for erosion COntrol upon COmpletion of grading or some other alternative method of erosion COntrol shall be COmpleted to the satisfaction of the Building Official, In addition a permanent irrigation system shall be provided. This requirement does not release the applicant/developer from COmpliance with the slope planting requirements of Section 17.08,040 1 of the Development Code, ._J / .__/ / APPLICANT SHALL CONTACT THE ENGINEERING DNISION, (909) 989-1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access 1. Rights-or-way and easements shall be dedicated to the City for all intedor public streets, COmmunity trails, public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public fac~ities (Cross-lot drainage, local feeder trails, etc,) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights:of-way on the bedmeter streets (measured from street centedine): total feet on total feet on total feet on total feet on ,,/ 3. An irrevocable offer of dedication for for all private streets or ddves. -foOt wide roadway easement shall be made 4. Non-vehicular access shall be dedicated to the City for the following streets: so- 10194 Reciprocal access easements shall be provided ensudng access to all parcels by CC&Rs or hy deeds and shall be reCOrded COncurrently with the map or pdor to the issuance of building permits, where no map is involved. 8 .,__/ / __/ / / / / 6. Private drainage easements for cross-tot drainage shall be provided and shall be delineated or noted on the final map. 7. 'R~e final map shah clearly delineate a 10-1oot minimum building restriction area on the neighboring lot adjoining the zero lot line wall and contain the following language: 'l/We hereby dedicate to the City of Rancho Cucamonga the fight to prohibit the construction of (residential) buildings (or other structures) within those areas designated on the map as bulk:ring restriction areas." A maintenance agreement shall also be granted lrom each lot to the adjacent lot through the CC&R'S. · 8. All existing easements lying within future rights.of-way shall be quitclaimed or delineated on the final map. 9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City wherever they encroach onto private property. 10. 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, a parallel street tree maintenance easement shall be provided. 11. The developer shall make a good faith effort to acquire the required off-site property interests necessary 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 map for approval, enter into 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 apf3raisal report obtained by the developer, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. M. Street Improvements All public .improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans an<J/or tentative map shall be constructed to City Standards. Interior street improvements shall include, bet are not limited to, ajrb and gutter, AC pavement, ddve approaches, sidewalks, street lights, and street trees. 2. A minimum of 26- foot wide pavement, within a 40 -foot wide dedicated right-of-way shall be constructed for all half-section streets. 3. Construct the following bedmeter street imprOvementS including, but not limited to: ..__/ / .__/ / ._J / ._/ / __/ / ._/ / STREET NAME C.~R8 · A.C. SlD~- DRWE STRFFT STREET CQ~4M MEDIAN B~. GUTTER pVI4T WAU( APPR, LIGHTS 11qEES TRAL ISi. AND TRAg. OTHER s~- io/e.l Notes: (a) Median island includes landsca4~ing and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, side- walk shall be curvilinear per STD. 304. (d) If so marked, an in-lieu of construction fee shall be provided for this item. ,/ 4. Improvement plans and construction: Street improvement plans including street trees and street lights, prepared by a regis- tered Civil Engineer, shall be submitted to and al~mved 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 pdvate street improve- ments. prior to final map approval or the issuance of building permits, whichever occurs first. Prior to any work being pedormed in public dgnt-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineers Office in addition to any other permits required. Pavement striping, marking, traffic. street name signing, and interconnect conduit shall be installed to the satisfaction of the City Engineer. Signal condu it wit h pu II boxes shall be installed o n any new construction or reconstruct ion of major, secondary or collector streets which intersect with other major, secondary or collector streets for future traffic signals. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR or any other locations approved by the City Engineer. Notes: (1) AJI pull boxes shall be No. 6 unless otherwise specified by the City Engineer. (2) Conduit shall ha 3-inch galvanized steel with pullrope. Wheel chair ramps shall be installed on all four comers of intersections per City Standards or as directed by the City Engineer. Existing City roads rsquidng construction shall remain open to traffic at all times with adequate detours dudng construction. A street closure permit may be 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. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family lots. h. Handicap access ramp design shall be as specjfieq by the City Engineer. i. Street names shall be appmved 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 C~ Engineer. Prior to any work being performed on the pd- vale streets, fees shall be paid and construction ben'nits shall be obtained from the City Engineers Office in addition to any other permits required. 6. Street trees, a minin'~m of 15-gallon size or larger, shall be installed per City Standards in accordance. with the City's street tree program. 'p j0..,,Jt-,¢<:~. ._J / ._J / ~ / __/ / / / / so- lo/94 10 7. Intersection line of site designs shall be reviewed by the City Engineer for conformance with adopted policy, a. On collector or larger streets. lines of sight shall be plotted for all pmiect intersections, including driveways. Walls, signs, and slopes shall be located outside the lines of sight. Landscaping and other: obstructions within the lines of sight shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved, usually by moving the 2 +/- closest street trees on each side away from the street and placed in a street tree easement. .__/ / 8. A permit shall be obtained from CALTRANS for any work within the following right-of-way: ---J---..--/ 9. All public improvements on the following streets shall be operationally complete pdor to the issuance of building permits: ._,/ / N. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be subm~ed to the City Engineer for review and approval pdor to final map approval or issuance of building permits, whichever occurs first. The following landscape parkways, medians, paseos, easements, trails, or other areas are required to be annexed into the Landscape Maintenance Distdct: ,/ 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be berne by the developer, __/ / 3. All required public landscaping and irrigation systems shall be continuously maintained by the .--/ / developer until accepted by the City. .__/ / 4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Ma~ter Plan: O. Drainage and Flood Control 1. 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 developers responsibility I0 have the cun'eht FIRM Zone designation removed from the project area. The developers engineer shall prepare all necessary reports. plans, and hydrologicJhydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOM R) shall be issued by FEMA prior to occupancy or improvement acceptance, whiChever occurs first. A final drainage study shall be subm~ed to and aI~oroved by the City Engineer prior to final map al:~roval or the issuance of building permits, whichever occurs tirst. All drainage facilities shall be installed as required by the C~ Engineer. _J / ,_/ so- 10194 11 4. A permit from the County Flood Control District is required for work within itsright-of-way. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 6. Public storm drain easements shall be graded to convey overflows in the event of a bloGkage in a sump Catch basin on the public street. P. Utilities v/' 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and Cable T'V (all underground) in accordance with the Utility Standards. Easements shall be provided as required. V/ 2. The developer shall be responsible for the relocation of existing utilities as necessary. V'/' 3. Water and sewer plans shall be designed and constnjcted to meet the 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 ceropliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. __/ / .__/_J J, / ._J / _,/ / Q. General Requirements and Approvals 1. The separale parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of building permits. 2. An easement for a joint use ddveway shall be provided prior Io final map approval or issuance of building permits, whichever occurs first, for: 3. Prior to approval of the final map a deposit shall be posted with the City covedng the estimaled cost of apportioning the assessments under Assessment District among the newly created pareIs. 4. Eliwaeda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid phor to final map approval or prior to building permit issuance no map is involved. 5. Permits shall be obtained from the following agencies for work within their right-of-way: /,~_/ /,,__/ .__/ / 6. A signed consent and waiver form to join and/or form the Law EnforCement Community Facilities Distill shall be filed with the City Engineer I~or to final map approval or the issuance of building permits, whichever occurs first. Formation costs shall be borne by the Developer. 7. Prior to finalizalion of any development phase, suffident improvement plans shall be com- pleted beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries Shall con'espend to lot lines shown on the approved lentalive map. ._/ .__/ APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 987-6405, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Melio Roos Community Facilities Dislrict requirements shall apply to Ibis project, sc- t0/~4 12 _J / 2. Fire flow requirement shall be / ~'O 0 gallons per minute. A. A previous fire flow, conducted revealed gpm available at 20 psi. A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. V/C. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy. 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed and operahie priorto deliver~ of any combustible building materials on site (i .e., lu tuber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. Existing fire hydrant locations shall be provided priorto water plan approval. Required hydrants, if any, will be determined by this department. Fire District standards require a 6" riser with a 4" and a 2-1/2" outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on appreved brands and model numbers. 5. Prior to the issuance of building permits for combustible construction,evidence shall be submittedt~theFireDistdctthattemperarywatersupp~yf~rfirepr~tectlonisavai~ab~e~pending completion of required fire protection system. 6. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. 7. An automatic fire extinguishing system(s) will be required as noted below: Per Rancho Cucamonga Fire Protection District Ordinance 15. Other ~ / __/ / .__/ / .__/ / /___/ Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacuring. spray painting, flammable liquids storage, high piled stock, etc. Contact Fire Safety Division to determine if sprinkler system is adequate Ior propused operations. 8. Sprinkler system monitoring shall be installed and operational immediately upon completion of sprinkler system. 9. A fire alarm system(s) shall be required as noted below: Per Rancho Cucamonga Fire Protection District Ordinance 15. Calitomia Code Regulations Title 24. NFPA 101. Other 10. Roadways within project shall comply with the Fire District's fire lane standards, as noted: V/ All roadways. ~her P~,~, I, ~ __/ / / / __/ / sc- ~0/94 13 11. Fire department access shall be amended to facilitate emergency apparatus. .--J / 12. Emergency secondary access shall be provided in accordance with Fire District standards. ---/ / 13. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide .--J / at all times during construction in accordance with Fire District requirements. 14. All trees planted in any median shall be kept trimmed a minimum of 14'6" from ground up so ---J / as not to impede fire apparatus. 15. A building directory shall be required, as noted below: ---/ / Lighted director within 20 feet of main entrance(s). Standard Directory in main lobby. Other 16. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall--J / be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordedng information. 17. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire._J / Safety Division for specific details and ordedng information. 18. A tenant use letter shall be submitted prior to final building plan approval. ---/ / v/' 19. Plan check fees in the amount of $ have been paid. .__/ / An additional $ 7.~' 00 shall be paid: V/Prior to water plan approval. sc- 1o/94 Prior to final plan approval. Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 20. Special permits may be required, depending on intended use, as noted below: A. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgement of the Fire Chief is likely to produce conditions hazardous to life or property. B. Storage of readily combustible material. C. Places of assembly (except churches, schools and other non-profit organizations) D. Bowling alley and pin refinishing. E. Cellulose Nitrate plastic (Pyroxylin). F. Combustible fibers storage and handling exceeding 100 cubic feet. G. Garages Motor vehicle repair (H-4) H. Lumber yards (over 100,000 beard feet). ~ / I. Tire rebuilding plants. J. Auto wrecking yards. Junk or waste material handling plants. K. Flammable finishes. Spraying or dipping operations, spray booths, dip tanIs, electrostatic apparatus, automobile undercoating, powder coating and organic peroxides and dual com- ponent coatings (per spray booth). L. Magnesium (more tha 10 pounds per day). M. Oil burning equipment operations. N. Ovens (industrial baking and drying). O. Mechanical refdgeraticn (over 20 pounts of refrigerant). P. Compressed gases (store, handle or use exceeding 100 cubic feet). Q. Cryogenic fluids (storage, handling or use). R. Dust-producing processes and equipment. S. Flammable and combustible liquids (storage, handling or use). T. High piled combustible stock. U. Liquifieq petroleum gas (store, handle, transport or use more than 120 gallons). V. Matches (more than 60 Matchman's gross). W. Welding and cutting operations: to conduct welding and/or cutting operations in any occupancy. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW FOR TENTATIVE TRACT NO. 15707, THE DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR THE DEVELOPMENT OF 5 DETACHED CONDOMINIUM UNITS ON 1.0 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DEVELOPMENT DISTRICT (8-14 DWELLING UNITS PER ACRE), LOCATED ON THE NORTH SIDE OF BASE LINE ROAD. WEST OF ALTA CUESTA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-025-01. A. Recitals. 1. Mr. Ralph Rittenhouse has filed an application for the Design Review of Tract No. 15707, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Design Review request is referred to as "the application." 2. On the 8th day of November 1995, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 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 meeting on November 8, 1995, including written and oral staff reports, this Commission hereby specifically finds as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed project is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed project is in compliance with each of the applicable provisions of the Development Code; and d. That the proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. Based upon the findings and conclusions set forth in paragraphs I and 2 above, this Commission hereby approves the application subject to each and even/condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. DR FOR TT 15707 - RITTENHOUSE November 8, 1995 Page 2 Plannina Division 1) The rear elevations of the Plan 2 and 3 models shall be upgraded consistent with the upgrades provided with the approval of the building elevations for Tentative Tract 14208, to the satisfaction of the City Planner. 2) Pilasters shall be used in the walls and fences along the intedor property lines. Pilasters shall be a minimum size of 2 feet square. The final design shall be coordinated for consistency with the approved wall elevations for Tentative Tract 14208 and be reviewed and approved by the City Planner pdor to the issuance of building permits. 3) The east/west ddve aisle on the new project and the related project to the west shall be realigned to be as close as possible to its odginally approved lined-up condition to ensure that the same amount of common open space approved for the project is provided, to the satisfaction of the City Planner. 4) Solid decorative block walls shall be provided between units to screen the private yard areas from public view. The location and design of these walls shall be coordinated for consistency with those used on the adjacent project. The final design shall be reviewed and approved by the City Planner pdor to the issuance of building permits. 5) The landscape and streetscape design proposed within the project and along Base Line Road shall be coordinated for consistency with the approved designs associated with the adjacent portion of the Master Planned project, to the satisfaction of the City Planner and City Engineer, pdor to the issuance of building permits. 6) All applicable conditions from the Resolution of Approval for Tentative Tract 15707 shall apply to this project. 7) Approval of this project is contingent upon approval of related Vadance 95-05. Enoineerincl Division 1 ) All applicable conditions from the Resolution of Approval for Tentative Tract 15707 shall apply. 4. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. DR FOR "l'r 15707 - RITTENHOUSE November 8, 1995 Page 3 BY: E. David Barker, Chairman Aq'I'EST: Brad Buller, Secretary I, Bred 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 8th day of November 1995. by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Ran~:h6~i ucamonga COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS APPLICANT: T'~Cl Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time LImits Approval shall expire, unless extended by the Planning Commission, ff 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 ! / /___/ ~/' 3. ~port(~,~cf_' ~'~'-r_,>5' . t~7°'7 is granted subject to the approval of /___./ A proval of Tentative Tract No. 4. Thedeveiopershallcommence,pa~ticipatein, andconsummateorcausetobecommenced, ---/ / participated in, or consummated, a Melio-Roos Community Facilities District (CFD) for the Rancho Cucarnonga 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 specilications of the Rancho Cucamonga Fire Protection District, and shall become the Districrs propedy 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. Prior to recordation of the final map or the issuance of building permits, whichever comes first, the applicant shall consent to, or padicipate in, the establishment of a Melio-Roos Community Facilities District Ior the construction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities Distrial, the applicant shall, in the alternative, consent to the annexation of the project site into the territory of such existing Distrial prior to the recordation of the final map or the issuance of building permits, whichever comes first. Further, if the affected school distrial has not formed a Melio-Roos Community Facilities Distrial within twelve months from ' the date of approval of the project and prior to the recorclalldn of the final map or issuance of building permits for said project, this condition shall be deemed null and void. V// 5. /__/ Completion Da,e: f~E)~) This condition shall be waived if the City receives notice that the applicant and all affected pchool districts have entered into an agreement to privately accommodate any and all school ~mpacts as a result of this project. V/ 6. Prior to recordation of the final map or prior to issuance of building permits when no map is J / involved, writlen 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 appmved plans which .__/ / include site plans, architectural elevations. extedor materials and colors, landscaping. sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Specific Plan and Planned Community. 2. Prior to any use of ihe project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. i/ Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Prior Io 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. ,_/ / J / 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency pdorto 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. 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. __/ / Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Sheriff's Department (989-6611 ) pdor 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. J / sc- 1o/94 Trash receptacle(s) are required and shall meet City standards. The final design. locations, 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 util~ 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 landsoaping to the satisfaction of the City Planner. __J / /rl 1. Street names shall be submitted for City Planner review and approval in accordance with _._j / 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, __.J / 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 priorto 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 Restdctldns (CC&Rs) shall not prohibit the keeping of equine animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option ol keeping said animals without the necessity of appealing to beards of directors or homeowners' associations for amendments to the CC&Rs. ._J / .__/ / V/'15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the .__J / Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Atlorney. 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. V'/16. Allparkways, openareas, andlandscapingshall bepermanentlymaintained bytheproperly /~ owner, homoowners' 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 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 comos 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 furlher modifications to the site including, but not limited to, extedor alterations and/or interior alterations which affect the exterior of the buildings or structures, re moval of landmark trees, de molition, reiocation, 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 supplemonted 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 pen'nits. 'AI~ dwellings shall have the fronl, side and rear elevations up<jraded with architectural treatment, detailing and increased delineation of surface treatment subject to City Planner review and approval pdor to issuance of building permits. .__/ / .__/ / / / __/ / D. Parking v/' 1. Standard patio cover plans for use by the Homeowners' Association shall be submitted for City Planner and Building Offioial review and approval prior to issuance of building permits. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound butte red from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. and Vehicular Access (indicate details on building plans) Completion ~ / /.__/ All parking lit landscape islands shall have a minimum outside dimension of 6 feet and shall ._J / contain a 12-inch walk adjacent to the parking stall (including curb). .__/ / 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. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. The Covenants, Conditions and Restrictions shall restdct the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucarnonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publlcly malntalned landscape areas, refer to Sectlon N.) 1. A detailed landscape and irrigation plan, including slope planting and model home landscap- ing in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval priorto the issuance of building permits or prior final map approval in the case of a custom lot subdivision. J / J / _J / _.J / _J / v/''' 2. Existingtreesrequiredt~bepreservedinp~acesha~~bepr~~ectedwithaconstructi~nbarrier .__/ / in accordance with the Municipa Code Section 19.08.110, and so noted on the grading plans. The lication of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of lhe arborist's recommendatiohs regarding preservation, transplanting and trimming methods. Z3. Aminimumof L-~.,~' treespergrossacre,compdsedofthefolliwingsizes, shallbeprovided .__/ / within the project: % - 48- inch box or larger, //) % - 36- inch box or larger, ]Q %-24-inchbexorlarger,. ~'O %-15-galion, and__%-5galion. 4. A minimum of % of trees planted within the project shall be specimen size trees ~ J / 24-inch box or larger. /5. Within parking lots, trees shall be planted at a rate of one 15-gallin tree for every three .__/ / parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. ,/ 6. Treesshallbeplantedinareasofpublicviewadjacenttoandalongstructuresatarateofone tree per 30 linear feet of builoing. co,.p,..o.o,,.: __/ / 7. A~pr~vates~pebanks5~eet~r~essin~ert~ca~heightand~f5:1~rgreaterslope~butlessthan __._/ / 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. 8. AIIprivatesiopesinexcessof5feet, butlessthanSfeet invedicalheightandof2:lorgreater ---/ / slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or langer 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 of 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. For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual u nit is soldandoccupiedbythebuyer. Prlortoreleasingoccupancyforthoseunits, aninspection shall be conducted by the Planning Division to determine that they are in satisfacto~J condition. __J / V/" 10. For multi-family residential and non-residential development, property owners are respen- .--/ / sible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public rignt-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in a 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. y/' 11. Front yard landscaping shall be required per the Development Cede and/or __/ / · This requirement shall be in addition to the required street trees and slope planting. 12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be .__J included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 13. Special landscape features such as mounding, alluvial rock, specimen size trees. meander----/ ,ngsid :a . w2h JLT, a, change,. and ,ntens,,,ed 'ands p'ng. 's requ'red along 14. Landscaping and irrigation systems required to be installed within the public right-ot-way on .~/ the perimeter of this project area shall be continuously maintained by the developer· 15. AII walls shall be providedwith decoralive lrealment. lflocated in public maintenance areas, J the design shall be coordinated with the Engineering Division. _J Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 16. 17. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Cede. sc- 5F'4 1 F. Signs 1. Thesignsindicatedonthesubmittedplansareconceptualonlyandnotapartofthisapproval. Any signs proposed for this development shall comply with the Sign Ordinance and shall re. quire separate application and approval by the Planning Divis on prior to installation of any s~gns. Proi~:t N'o.: "IT __/ / 2. AUniformSignProgramforthisdevelopmentshallbesubmittedforCityplanner reviewand .__/ / approval pdor to issuance of building permits. .._J / 3. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes prior to occupancy and shall require separate application and approval by the Planning Division pdor to issuance of building permits. G. Environmental The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to beiow45CNEL, the building mateitals and constructiontechniquesprovided, 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. H. Other Agencies V/' 1. Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire Protection District Standards. Emergency access shall be provided. maintenance lree and clear, a minimum of 26 leet wide at all times during construction in accordance with Rancho Cucamunga Fire Protection District requirements. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. The applicant shall contact the U. S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject io City Planner review and approval prior to the issuance of building permits. ~/3. 4. _.,J / __J / J / .__/ / .._/ / ._J / __J / J / sc- ~o/~4 For projects using septic tank facilities. written certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. __J / APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- --J---J cal Code, Uniform Plumbing Code. National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition ---/ / to existing u nit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautilication Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. 3. Prior to issuance of building permits for a new commercial or industrial development or .__J / addition to an existing development, the applicant shall pay development tees at the established rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, Schoo! Fees, Permit and Plan Checking Fees. Street addresses shall be provided by the Building Official, aftertract/parcel map recordation and prior to issuance of building permits. J. Existing Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness of existing buildings. 2. Existing buildings shall be made to comply with correct building and zoning regulations for the intended use or the building shall be demolished. 3. Existingsewagedisp~sa~~aci~itiessha~~beremeved~fi~~edand/~rcappedt~comp~ywiththe Uniform Plumbing Code and Uniform Building Code. 4. Underground on-site utilities are to be located and shown on building plans submitted for building permit application. K. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The tinal grading plan shall be in substantial conformance with the approved grading plan. A soils report shall be prepared by a quaillied engineer licensed by the State of California to podorm Such work. The development is located within the soil erosion control boundaries; a Soil Disturbance Permit is required. Please centact San Bernardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance of rough grading portoft. 4. Ageoiogical report shall be prepared by aqualified engineer or geoiogist and submitted at the time of applicalion for grading plan check. 5. The~ina~gradingp~anssha~~becomp~etedandappr~vedpriort~issuance~fbuildingpermits. __J / __/ / _J / __/ / J / .~/ / __/ / _J / .._/ / _J / 6. AS a custom-lot subdivision, the lollowing requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of a]! on-site ---J__J. drainage facilities necessary for alewatering all parcels to the satisfaclion olthe Building and safety Division priorto final map approval and priorto the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto ---/. / or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for dewatedng and protecting the subdivided ----/ / properlies, are to be installed pdor to issuance of building permits for construction upon any parcel Ihat may be subject to drainage flows entering, leaving, or within a parcel relative Io which a building permit is requested. d. Final grading plans for each parcel are to be submitted to the Building and Safety --J / pivision for approval prior to issuance of building and grading permits. (This may be on an ~ncremental Or composite basis.) e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or planted with ground cover for erosion control upon completion of grading or some other alternaive method of erosion control shall be completed to the satisfaction of the Building Official. In addition a permanent irrigation system shall be provided. This requirement does not release the applicant/developer from compliance with the slope planting requirements of Section 17.08.040 1 ol the Development Code. __J / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 98~-18~2, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedlcallon and Vehicular Acces_- 1. Rights.of-way and easements shall be dedicated Io Ihe City for all intedor public streets, community trails, public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans and/or lentalive map. Private easements lot non-public fac~ities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or lentalive map. 2. Dedication shall be made of the following rights:of-way on the perimeter streets (measured from street canledine): total feet on total feet on total feet on total feet on 3. An irrevocable offer of dedication for for all private streets or ddves. -fcot wide roadway easement shall be'made 4. Non-vehicular access shall be dedicated to the City for the following streets: 5C. 10194 5. Reciprocal.access easements shall be provided ensudng access to all parcels by CC&RS or by deeds and shall be recorded concurrently with the map or pdor to the issuance of building permits, where no map is involved. ._/ / .__/ / _J / ___/ / J / 6. Private drainage easements for cross-k3t drainage Shall be provided and shall be delineated or noted on the final map. 7. The linal map shah clearly delineate a 10-loot minimum build.ing restriction a[ea On the neighl:x3dng lot adjoining the zero lot line wall and contain the following language: 'l/We hereby dedicate to the City of Rancho Cucamonga the fight to prohibit the construction of (res~ential) buildings (or other structures) within those areas designated on the map as buik:qng restriction areas." A maintenance agreement shall also be granted from each lot to the adjacent lot through the CC&R's. 8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on the final map. 9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City wherever they encroach onto private properly. 10. Additional street right-of-way shall be dedicated along dght turn lanes, to provide a minimum of 7 feet measured from the face of curbs. ff curo adjacent sidewalk is used along the right turn lane, a parallel street tree maintenance easement shall be provided. 11. The developer shall make a good faith effort to acquire the required off-site propeny interests necessary to construct the required public improvements, and it he/she should fail to rio so, the developer shall, at least 120 days prior to submittal of the final map lor approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 alsuchtimeastheCityacquiresthepropertyinterestsrequiredlortheimprovements. 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 reperl obtained by the deveiober. at developers cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. M. Street Improvements .__/ / __/ / ,__/ / 1. All public.improvements (interior streets, drainage facilities, community trails, paseos, .__/ / landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Slandarbs. Inleridr streel improvements shall include, but are not limited to, Curb and gutter, AC pavement, drive app~'oaches, sidewalks, street lights, and street trees. 2. Aminirnurno126-footwidepavement, within a 40 -loot wide dedicated right-of-way shall be c~onstructed for all half-sedidn streets. ,_/ / %// 3. Construct the following perimeter street improvements including, but not limited to: .__/ / STREET NAJ,4E CURB & A.C. SI:~- D~I~5 S'IT~F_ET S1TIEET CQMM MEDIAN ell~. GLrl'r~R pVMT WAD( APPR. LIGHTS TREES TI:tAL ISLANO TRAIL OTHER 10/94 Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruc~idn and ovedays will be determined during plan check. (c) If so marked, side- walk shall be c~rvilinear per STD. 304. (d) If so marked, an in-lieu of construclidn fee shall be provided for this item. 4. Improvement plans and constnjclion: Street improvement plans including street trees and street lights, prepared by a regis- tered Civil Engineer, shall be submitted to and a4:~roved 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 poblio and/or private street improve- ments, prior to final map approval or the issuance of building permits, whichever occurs first. Prior to any work being performed in public right-el-way, fees shall be paid and a construction permit shall be obtained from the City Engineers Office in addition to any other permits required. __/ / .__/ / Pavement striping, marking, traffic, street name signing, and interconnect conduit J / shall be installed to the satisfaction of the City Engineer. SignalconduitwithPullboxesshallbeinstalledonanynewconstructionorreconstruction ._j / of major, secondary or collector streets which intersect with other major, secondary or collector streets for future traffic signals. Pull boxes shall be placed on both sides of the street at 3 feet outside of BC R, ECR or any other locations appmved by the City Engineer. Notes: _..J / (1) All pull boxes shall be No. 6 unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch galvanized steel with pullrope. e. Wheel chair ramps shall be installed on all four comers of intersections per City Standards or as directed by the City Engineer. Existing City roads requiring construction shell remain open to traffic at all times with adequate detours dudng construction. A street closure permit may be required, A Cash deposit shall be pn3vioed 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, excep( for single family lots. h. Handicap access ramp design shell be as specified by the City Engineer. .__/ / L Street names shall be appmved by the City Planner pdorto submittal for first plan check. .__/ / 5. Streel im~ovement plans per City Standards for all p,"ivate streets shall be provided for ..__/ / review and approval by the City Engineer. Prior to any work being performed on tl~e pd- vate streets, fees shall be paid and construction permits shall be obtained from the City Engineers Office in addition to any other permits required. 6. Sireel trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in a rdance with the City's street tree program. .~/ / sc - to/~4 10 p,~=~ \.o. 7'7'/5'707 7. Irdersection line of site deskins shall be reviewed by the City Engineer for conformance with / Com~i~uo, D.,.-: CZ::~_) adopted policy. __J / a. On collector or larger streets, lines of sight shall be plotted for all project intersections. --J / including driveways. Walls, signs. and slopes shall be localed outside the lines of sight. Landscaping and other: obstructions within the lines of sight shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved. usually by moving the 2 +/- close st street trees on each side away from the street and placed in a street tree easement. ~ / 8. A permit shall be. obtained from CALTRANS for any work within the following right-of-way: .__./ / 9. All public improvements on the following streets shall be operationally complete prior to the JJ issuance of building porTnits; N. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval pdor to final map approval or issuance of building permits, whichever occurs firSt. The following landscape parkways. medians, paseos. easements, trails, or other areas are required to be annexed into the Landscape Maintenance District: .,_J / 2, A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer priorto final mop approval or issuance of building permits whichever occurs first. Formation costs shall be berne by the developer. 3. All required public landscaping and irrigation systems shall be continuously maintained by t he developer until accepted by the City. 4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautificatlon Mas~er Plan: O. Drainage 1. and Flood Control The project (or podions 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 developers resIDonsibility to have the curTent FIRM Zone designation removed from the project area. The developers engineer shall prepare .all necessary repods. plans. and hydrologicJhydraullo calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map aRoroval or issuance of building permits. whichever occurS first. A Letter of Map Revision (LOM R) shall be issued by FEMA prior to occupancy or improvement acceptance. whichever occurs first. 3. A final drainage study shall be submitted to and appmved by the City Engineer prior to final map approval or the issuance of building permits. whichever occurs tirst. All drainage facilities shall be installed as required by the C~ Engineer. sc- I0194 11 4. A permit from the County Flood Control District is required for work within its right-of-way. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 6. Public Ston'n drain easements shall be graded to convey overflows in the event of a blod¢age in a sump Catch basin on the public street. P. Utilities V'/ 1. Provide separate utility services to each pamel 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. .__/ / V/ 2. The developer shall be responsible for the relocation of existing utilities as necessary. .__/ I V/" 3. Water and sewer plans shall be designed and constructed to meet the 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 the CCWD is required pdor to final map approval or issuance of permits, whichever occurs first. Q. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into m/ / one parcel prior to issuance of building permits. 2. An easement for a joint use driveway shall be provided prior to final map approval or .---/ / issuance of building permits, whichever occurs first, for: 3.Prior to approval of the final map a deposit shall be posted with the City Covering the estimated cost of apportioning the assessments under Assessment District among the newly created parcels. 4. Eliwanda/San Sevaine Area Regional Mainline, ,Secondary Regional, and Master Plan Drainage Fees shall be paid i::>dor to final map aperoyal or prior to building permit issuance if no map is involved. ~ / 5. Permits.shall be obtained from the following agencies for work within their right-of-way: .__/ / 6. A signed consent and waiver form to join and/or form the Law EnforCement Community Facilities District s~all be filed with the City Engineer phor to final map approval or the issuance of building perTnits, whichever occurs first. Formation cosIs shall be Ix>me by the Developer. 7. Prior Io finalization of any development phase. sutlident improvement plans shall be com- pleted beyond the phase boundaries to assure secondary access and drainage protection to fhe satisfaction of the City Engineer. Phase boundahes shall corTespand to lot lines shown on the approved tentative map. ._J / APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 987-6405, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: so- ~0/~4 1. Melio Roos Community Facilities District requirements shall apply to this project. 12 v/ 2. Fire flow requirement shall be I ~O 0 gallons per minute. A. A previous tire flow, conducted revealed gpm available at 20 psi. A fire flow shall be conducted by the builder/developer and witnessed by fire dopartment personnel prior to water plan approval. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the buiioer/developer and witnessed by the fire department personnel after construction and prior to occupancy. 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed and operable prior to delivery of any combustible building materials o n site (i .e., lumber, rooting materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 4. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, if any, will be determined by this department. Fire District standards require a 6" riser with a 4" and a 2-1/2" outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specitioations on approved brands and model numbers. 5. Prior to the issuance of building permits for combustible construction,evidence shall be submitted tothe Fire Districtthattemporary watersupply forfire protection is available, pending completion of required tire protection system. 6. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. 7. An automatic fire extinguishing system(s) will be required as noted below: Per Rancho Cucamonga Fire Protection District Ordinance 15. Other ~ / ~ / __/ / ~ / _J / .__/ / Note: Special sprinkler densities are required for ~ch hazardous operations as woodworking, plastics manufacudng, spray painting, flammable liquids storage, high piled stock, etc. Contact Fire Safety Division to determin~ if sprinkler system is adequate for proposed operations. 8. Spdnkler system monitoring shall be installed and operational immediately upon completion of sprinkler system. 9. A fire alarm system(s) shall be required as noted below: Per Rancho Cucamenga Fire Protection District Ordinance 15. Calitomia Code Regulations Tille 24, NFPA 101. Other 10. Roadways within project shall comply with the Fire Distdct's lire lane standards, as noted: V/ All roadways. .~her P~,~, ~, ~ __/ / / / ~ / 11. Fire depadment access shall be amended to facilitate emergency apparatus. 12. Emergency secondary access shall be provided in accordance with Fire District standards. 13. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide at all times during construction in accordance with Fire District requirements. .14. All trees planted in any median shall be kept trimmed a minimum of 14'6" from ground up so J / as not to impede fire apparatus. 15. A building directory shall be required, as noted below: J / Lighted director within 20 feet of main entrance(s). Standard Directory in main lobby. Other 16. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall---/ / be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information, 17, Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contactthe Fire,__/ / Safety Division for specific details and ordering information. 18. A tenant use letter shall be submitted prior to final building plan approval, .--/ / ~" 19. Plan check fees in the amount of $ have been paid. _._../ /.__ An additional $ '7,5' o;) shall be paid: V/Prior to water plan approval. Prior to final plan approval. Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans, 20. Special permits may be required, depending on intended use, as noted below: J / sc- 1o/94 A. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgement of the Fire Chief is likely to produce conditions hazardous to life or properly. B. Storage of readily combustible material. C. Places of assembly (except churches, schools and other non-profit organizations) D. Bowling alley and pin refinishing. E. Cellulose Nitrate plastic (Pyroxylin). F. Combustible fibers storage and handling exceeding 100 cubic feet. G. Garages Motor vehicle repair (H-4) H. Lumber yards (over 100,000 board feet). __1 / _._/ / __1 / M, N. O. P. Q. R. S. T. U. V. W. Tire rebuilding plants. Auto wrecking yards. Junk or waste material handling plants. Flamrnable finishes. Spraying or dipping operations, spray bu~ths, dip tanIs, electrostatic apparatus, automobile undercoating, powder coating and organic peroxides and dual com- penent coatings (per spray booth). Magnesium (more tha 1 g pounds per day). Oil burning equipment operations. Ovens (industrial baking and drying). Mechanical refrigeration (over 20 peunts of refrigerant). Compressed gases (store, handle or use exceeding 100 cubic feet). Cryogenic fluids (storage, handling or use). Dust-producing processes and equipment. Flammable and combustible liquids (storage, handling or use). High piled combustible stock. Liquified petroleum gas (store, handle, transport or use more than 120 gallons). Matches (more than 60 Matchman's gross). .Welding and cutting operations: to conduct welding and/or cutting operations in any occupancy. 157 7 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 95-05, A REQUEST TO WAIVE THE REQUIREMENT FOR COMMON OPEN SPACE, AMENITIES, AND VISITOR PARKING AND TO REDUCE THE REQUIRED INTERIOR SITE BOUNDARY SETBACK FROM 20 TO 15 FEET FOR A PROPOSED 5-UNIT DETACHED CONDOMINIUM PROJECT ON 1.0 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DEVELOPMENT DISTRICT (8-14 DWELLING UNITS PER ACRE) LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, WEST OF ALTA CUESTA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-025-01. A. Recitals. 1. Mr. Ralph Rittenhouse has filed an application for the issuance of Variance No. 95-05 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 8th day of November 1995, 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, Pad A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on November 8, 1995, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the north side of Base Line Road, west of Alta Cuesta Drive with a street frontage of approximately 149 feet and lot depth of 469.2 feet and is presently improved with asphalt curb along Base Line Road; and b. The property to the north of the subject site is single and multiple family residential, the property to the south consists of single family residences, the properly to the east is a flood control channel, and the property to the west is multiple family residences; and shaped;and The 1-acre subject property is part of a larger 5~acre "island" of land which is oddly d. The application contemplates the development of 5 single family detached homes at a density of 5 dwelling units per acre, with no cornre'on open space, amenities, or visitor parking proposed within the project boundaries; and PLANNING COMMISSION RESOLUTION NO. VAR 95-05 - RITTENHOUSE November 8, 1995 Page 2 e. The application contemplates the construction of a continuation of the Master Plan for Tentative Tract 14208, which was approved for the development of 20 detached condominium units on 3 of the 5 acres within the oddly-shaped "island" of land bounded on three sides by the City of Upland; and f. The application contemplates the use of the common open space, amenities, and visitor parking provided within the adjacent 3-acre portion of the Master Plan, for which a Variance (Variance No. 94-03) was previously granted by the Planning Commission to reduce the amount of common open space from 35 percent of the total area of the project to 25 percent on June 8, 1994; and g. The Vadance for the waiver for common open spaca, amenities, and visitor parking on the new portion of the master planned project is to allow for the development of a single family detached condominium project on the property, each with private open spaces provided behind the units; and h. The Development Code Table 17.08.040(c) requires 35 percent common open space and 40 percent total open space (private and common) for development in the Medium Residential Development District under Optional Development Standards; and I. VVhen combining this application to the previously approved portion of the Master Plan for the 5-acre "island" of land, the resulting total is only 19 percent common open space, but when combined with the 38.5 percent private open space over the area of both projects within the Master Planned area, a total of 57.5 percent open space results, well in excess of the 40 percent total open space required by the Development Code; and j. When combining the two projects within the Master Planned area, the number of required recreational amenities within the common open space area would still be in compliance with the requirements of the Development Code; and k. The application contemplates the addition of two visitor parking spaces to those already provided within the larger portion of the Master Planned project area, but not specifically on the area covered by the application. With the two additional spaces, the minimum requirements of the Development Code for visitor parking are satisfied; and I. The application contemplates a reduction in the required 20-foot interior site boundary setback along the east property line, adjacent to the Cucamonga Creek Flood Control Channel. A 15-foot interior site boundary setback is proposed in this location; and m. The purpose of the 20-foot interior site boundary setback in the Medium Residential Development Distdct was to reduce the potential for land use conflicts between adjoining land uses associated with having larger scale multiple-unit residential buildings potentially adjacent to such uses as single family homes and commercial shopping centers; and n. The application contemplates the construction of single unit detached condominium buildings, similar in appearance to the typical single family residence; and o. Single family residences within the density' range proposed under this application (typical of the Low-Medium Residential District) are only required to be 15 feet from an intedor site boundary line, which is the setback proposed under this application; and p. The Cucamonga Creek Flood Control Channel acts as a further barrier between the project area and development to the east of the site. PLANNING COMMISSION RESOLUTION NO. VAR 95-05 - RIq'rENHOUSE November 8, 1995 Page 3 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 strict or literal interpretation and enforcement of the specified ~'egulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. c. That stdct or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. d. That the granting of the Vadance will not constitute a grant of special privilege inconsistent with the limitations on other propedies classified in the same district. e. That the granting of the Vadance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary 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 8th day of November 1995, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAIVIONGA ' STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 8, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, AICP, Associate Planner CONSIDERATION OF A REQUEST TO FENCE OFF SERENA PLACE. A CUL-DE-SAC STREET. AT ITS CONNECTION TO LEMON AVENUE. REQUEST: Staff has received a petition from a neighborhood requesting the installation of fencing at the end of a cul-de-sac siding onto a collector street. The location is at the south end of Serena Place, siding onto Lemon Avenue (see Exhibit "C"). It is at this location where Lemon Avenue turns south to connect to Highland Avenue. The residents are concerned about the safety of children playing in the area and protection from vehicles unable to negotiate the Lemon Avenue curve (see attached letter - Exhibit "A"). BACKGROUND: In 1987, the City of Rancho Cucamonga received a similar request from Lewis Homes at the urging of homeowners within Terre Vista. The residents were concerned about the privacy of their streets and the safety of children playing in the streets. Lewis Homes proposed continuous fencing (wrought iron) with no pedestrian access along the perimeter streets and Milliken Avenue. On interior streets, a controlled pedestrian access was proposed. The offset fencing would allow pedestrian access through the area, minimize the likelihood of children chasing a ball onto the adjoining street, and preclude motorcycles and recreational vehicles from jumping the curb as a short cut. The homeowners, however, felt that all access to the cul-de-sacs should be eliminated. In considering the request, the Commission noted the strong pedestrian emphasis encouraged throughout Terra Vista. The Commission felt that side-on cul-de-sacs provided convenient access to the paseo and trail system within the Planned Community. This allowed pedestrian access to parks, schools, and shopping opportunities. Closure of the cul-de-sacs would eliminate those opportunities, create a closed appearance, and force pedestrians into taking circuitous routes. The Commission opted for a controlled access design solution. The homeowners of Terre Vista appealed the Planning Commission's decision to the City Council, requesting the cul-de-sacs be closed completely. The City Council approved the closure of the cul-de-sac accesses. Even though the cul-de-sacs have been fenced, access is still being maintained despite the efforts of the City and the neighborhood. Vandals have cut openings in these fences to allow access. ITS4 G PLANNING COMMISSION STAFF REPORT CUL-DE-SAC FENCING- SERENA PL. & LEMON AVE. November 8, 1995 Page 2 ANALYSIS: In their letter to the City Engineer, the residents of Serena Place voice two main reasons for fencing the cul-de-sac. First, the residents are concerned about the safety of children playing in and around the cul-de-sac area. With the previous request in 1987, the Planning Commission voiced their concerns about considering the cul-de-sac streets as play areas for children. These cul-de-sacs are not designed as parks and should not be viewed as such. Fencing off the cul-de-sac would provide a false sense of security for the neighborhood. The Police Department has not identified any unusual crime problems in this neighborhood to warrant such an action. The second concern of the neighborhood relates to the possibility of vehicles traveling Lemon Avenue, overshooting the curve, and ending up in the cul-de-sac. Lemon Avenue is designed as a collector street. As such, consideration is given to the volume of traffic potentially using the street and the speeds at which traffic will flow. The pavement section is 44 feet in width and the street is posted for "No Parking." By comparison, most local streets are 36 feet in width and allow parking on both sides. The street is designed and posted for a speed of 35 miles per hour. The street radius is used in anticipation of these speeds. Staff believes the street has been designed to provide the greatest degree of safety possible. If a vehicle were to speed on Lemon Avenue and be unable to negotiate the turn, a wrought iron fence would be insufficient to stop the vehicle. Lemon Avenue in this neighborhood is not unique. Collector streets of curvilinear design with side-on cul-de-sacs are very common throughout the City, particularly in the three planned communities. Staff is not aware of any instances of a vehicle jumping a curb into a side-on cul-de-sac. As an alternative to fencing, the City could install reflector signs to alert motorists of the curve. Any decision regarding this request may establish a precedent for future requests. RECOMMENDATION: Staff recommends that the Planning Commission deny the request to fence off the Serena Place side-on cul-de-sac through minute action. BB:SM/jfs Attachments: Exhibit "A" - Petition from Serena Place Residents Exhibit "B" - Serena Place Location Map Exhibit "C" - Serena Place/Lemon Avenue Street Plans MEMORANDUM TO: Mr. Joe O'Neil, City Enqineer DATE: cc: Mr. Brad BulleL City Planner FROM: Residents of Serena Place Rancho Cucamonga, CA 91737 June 29, I~:JeI d~ l SUBJECT: Construction of Fencing/Gate; Lemon and Serena Place boundaries. As new residents, we are excited and eager in becoming apart of the family-oriented environment that the Rancho Cucamonga Community provides. The homes of Ivy Terrace seem to offer a warm, safe haven for our families. However, Lemon Avenue is a thoroughfare that divides our neighborhood and jeopardizes that comfort. We the residents who live on Serena Place in the development of Ivy Terrace, in the city of Rancho Cucamonga would like the city to provide funds, to construct a fence/with gate which would enclose the culdesac facing Lemon Avenue near the corner of Terracina Avenue. (see map) We have already started a Neighborhood Watch Program with the Police Department. We did this as a preventative measure against crime. We can provide a safe play environment for the children by having the Serena Place culdesac closed at one end, and protect them from any cars that may miss the curve on Lemon Avenue; which could furthermore run over the open culdesac onto Serena Place. We believe a fence/with gate will give us more security for our children as well as our homes. The details of the type of fencing, (wrought iron preferred) in addition to dimensions, can be discussed at a later time. However, we the residents of Serena Place are submitting this memorandum to get approval from the City Engineer/City Planner as soon as possible. Thanking you in advance, your consideration to our request is greatly appreciated. Sincerely, The Residents of Serena Place: C--'X'H C>FF Serena Place Residents Name: Address: _ ~4 Residents continue ia,, / "] · .,.,. . /, Please send future correspondence c/o: Mrs. Karen E. Hattell 6259 Serena PI. Alta Loma. CA 91737 Tel. (909) 989-6983 Chaffey College RAN_-Y_7~N HIGHLAND Semna Place Location Map N S -@ Z_ 1 C CITY OF RANCHO CUCAIVIONGA -- STAFF RF, PORT DATE: TO: FROM: BY: SUBJECT: November 8, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Alan Warren, Associate Planner PRESENTATION AND DISCUSSION OF COMMERCIAL LAND USE AND MARKET STUDY The Commercial Land Use and Market Study from Agajanian & Associates was not available at the time of distribution of the agenda. The consultant will be at the November 8 Planning Commission Meeting to give a presentation of his findings and conclusions. A follow up workshop to review and discuss the study has been set for November 29. City Planner BB:AW:gs Rancho Cucamonga Commercial Land Use and Market Study Presentation to the Planning Commission November 8, 1995 Presented by: Shant Agajanian, Principal AGAJANIAN & Associates INTRODUCTION Purpose of the Study Approach Used for the Study Population, Housing and Economic Conditions and Growth Trends SCENARIO MEASURES AND TARGETS Market Demand through Buildout Site Availability Inventory Fiscal Impact Measures and Targets SCENARIO PERFORMANCE AND EVALUATION Scenarios Formulated for Testing Fiscal Performance, Market Capture and Site Availability Future Commercial Development by Amount and Type LAND USE IMPLICATIONS AND OPTIONS Long Term Land Use Options Short Term Land Use Options