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HomeMy WebLinkAbout89-048 - Resolutions RESOLUTION NO. 89-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A REQUEST FOR TENTATIVE TRACT 13738, TO PERMIT DEVELOPMENT OF AN 18-LOT RESIDENTIAL SUBDIVISION ON 12.88 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT AND LOCATED SOUTH OF ALMOND STREET AND WEST OF SAPPHIRE STREET - APN: 1061-091-03 A. Recitals. (i) Rodine Companies Inc. has filed an application for the approval of Tentative Tract Map No. 13738 described above in the title of this Resolution. Hereafter, in this Resolution, the subject Tentative Tract request is referred to as "the Tentative Tract". (ii) On September 14, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the Tentative Tract, and following the conclusion of said hearing, adopted their Resolution No. 88-177 (attached as Exhibit "1") thereby approving the Tentative Tract. (iii) The applicant has filed a timely appeal of the approval represented in said Resolution No. 88-177 on the basis of several Conditions contained in said Resolution. The Conditions appealed are described as listed on attached Exhibit "2". (iv) On November 16, 1988, the City Council of the City of Rancho Cucamonga conducted a duly noticed pubic hearing on the subject matter of the appeal of the Tentative Tract and, on said date referred the subject matter of the appeal back to the -Planning Commission to review the Supplemental Information received by the City Council. (v) On December 14, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the Tentative Tract, and following the conclusion of said hearing, recommended to the City Council the deletion of Condition Nos. 3 and 7 under the Tentative Tract Map heading, and the retention of all other conditions in said Resolution No. 88-177. (vi) On January 18, 1989, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the appeal of the Tentative Tract and, on said date concluded the public hearing. (vii) All- legal prerequisites .to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: Resolution No. 89-048 Page 2 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Council hereby finds and certifies that the project has been reviewed and considered in compliance With the California Environmental Quality Act of 1970 and concurs with the issuance of the mitigated Negative Declaration issued on September 14, 1988. 3. Based upon the substantial evidence presented to this Council during the above-referenced January 18, 1989 hearing, including written staff reports* the minutes of the above-referenced September 14, 1988, and December 14, 1988, Planning Commission meetings, the contents of Planning Commission Resolution No. 88-177, and the Developer's written and oral testimony, this Council specifically finds as follows: a. The Tentative Tract applies to property located west of Sapphire Street and south of Almond Street within the Very Low Residential District (less than 2 dwelling .units per.acre); b. The property to the north is within the Hillside Residential and is currently vacant, the property to the south and east is within the Very Low Residential District and is currently developed, and the property to the west is a City of Los Angeles Department of Water and Power Utility Right-of-Way. c. The Tentative Tract contemplates the development of an 18-lot subdivision on 12.88 acres of land; d. The requirements of Planning Commission Resolution No. 88-177 remain to be important and necessary to the subdivision of the property except for the following modifications: 1. Delete Condition No. 3 and 7 under the Tentative Tract Map heading; and 2. Change the first word "Surety" to "Security" in Standard Condition No. U~' 7.; and e. The development as specified will not contradict the goals or objectives of the General Plan or Development Code of the City of Rancho Cucamonga and would not promote a detrimental condition to the persons or properties in the immediate vicinity of the subject site. 4. Based on the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: a. The Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho Cucamonga;. Resolution No. 89-048 Page 3 b. The design or improvements of the Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho Cucamonga; c. The subject site is physically suitable for the type of development proposed; d. The design of the proposed development is not likely to cause substantial environmental damage or avoidable injury to humans or wildlife or their habitat; e. The development is not likely to cause serious health problems; f. The design of the development 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 development; and 9. The requirement that the Developer pay in-lieu fees for the future undergrounding of existing overhead utilities (Condition 2. under the Tentative Tract Map h~ading) does meet the requirements set forth in Government Code Section 66001 in terms of (1) purpose (2) use (3) type of development, and (4) need. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, ihis-Council hereby approves the Tentative Tract subject to all of the Conditions set forth in Planning Commission Resolution No. 88- 177 (a copy of which is attached hereto and marked as Exhibit "1") except for the following modifications: a. Delete Condition Nos. 3 and 7 under the Tentative Tract Map heading; and b. Change the first word "Surety" to Security" in Standard Condition No. L.7. 6. The Council hereby provides notice to Rodine Companies, Inc. that the time within which judicial review of the decision represented by the Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by Certified Mail, Return Receipt Requested, to Rodine Companies, Inc. at their address as per City records. PASSED, APPROVED, and ADOPTED this 1st day of February, 1989. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None Resolution No. 89-048 Page 4 ~'Dennis L. S~cout, Mayor ATTEST: Beverly A~/Authelet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 1st day of February, 1989. Executed this 2nd day of February, 1989 at Rancho Cucamonga, California. Resolution No. 89-048 Page 5 EXHIBIT "1" RESOLUTION NO. 88-177 A RESOLUTION OF THE PLANNING CO~ISSION OF THE CITY OF RANCHO CUCAMONGA APPROVING TENTATIVE TRACT MAP NO. 13738, AJqD DESIGN REVIEl~ THEREOF, LOCATED SOUTH OF A~IOND AND WEST OF SAPPHIRE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE). APN: 1061-091-03 A. Recitals. (i) Rodine Companies Inc. has filed an application for the approval of Tentative Tract Map No. 13738 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application". (ii) On the 14th of September, 1988, the Planning Conmnission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on September 14, 1988, 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 west side of Sapphire Street, south of Almond Avenue with a street frontage of 580 feet along Sapphire Street and 455 feet along Almond Avenue and is presently vacant; and (b) The property to the north of the subject site is vacant and designated for Hillside Residential, the property to the south of that site consists of single family residential in the Ve~ Low Residential District, the property to the east is single family residential in the Very Low Residential District, and the property to the west is vacant and designated as Los Angeles Bureau of Power and Light easement. 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 paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: Resolution No. 89-048 Page 6 {a) That tentative tract is consistent with the General Plan, Development Code, and specific plans; and {b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and 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 serious 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. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions attached hereto and incorporated herein by this reference. Design Review 1. The shape of the window panes on Model 1500 shall be square in shape rather than rectangular. 2. The round vent element shall be provided with more finished details, such as louvers or surrounding trim, on all deviations. 3. The round vent on the rear elevation of Model iO00A shall be increased in size. 4. The square window on the front elevation of Model IO00B, Type 1,j shall be changed in shape to be more compatible with window shapes on the three other elevations. 5. The following roof tile colors shall be omitted: "Life style Mission" (#132) and "Life style Padre Brown" (#110). Resolution No. 89-048 Page 7 6. Tree Removal Permit No. 88-16 is approved subject to replacement planting in accordance with Municipal Code Section 19.08.100. Existing trees to be retained shall be protected in accordance with Municipal Code Section 19.08.110. Tentative Tract Map 1. Provide a drainage acceptance letter authorizing public areas to drain onto private land. 2. Overhead Utilities: a. Sapphire Street An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical) on the opposite (east) side of Sapphire Street shall be paid to the City prior to approval of the Final Map. The fee shall be one-half the City adopted unit amount times the length from the center of Almond Street to the south tract boundary. b. Almond Street The existing overhead utilities on the project side of Almond Street shall be undergrounded from the first pole on the east side of Sapphire Street to the first pole west of the centerline of the Los Angeles Bureau of Power and Light Easement prior to public improvement acceptance or occupancy, whichever occurs first. For the portion within the utility easement (electrical and telecommunication) the developer may request a reimbursement agreement to receive one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. For the portion adjacent to the tract, an in-lieu fee as contribution to the future undergrounding of the utilities on the opposite (north side of almond Street (electrical) shall be paid to the City prior to Final Map approval. The fee shall be one-half the difference between the undergrounding cost of the utilities (electrical) on the opposite side of the street minus those {telecommunications) on the project side times the length from the center of Sapphire Street to the first pole containing both electrical and telecommunication lines west of the west tract boundary. 3. The southerly one half {26 foot of pavement) street improvements along Almond Street shall be extended from the tract westerly to the centerline of the Los Angeles Bureau of Power and Light Easement. 4. All street shall have a centerline crown section. Street tilt sections are not permitted. 5. The dedication for the north half (33 feet) of Almond Street from Skyline Road to the east side of Sapphire Street shall be obtained in accordance with Condition 6 to follow. Resolution No. 89-048 Page 8 6. The developer shall make a good faith effort to acquire the required off-site property interest necessary to construct the required off- site improvements. If the developer 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 with the City to complete the improvements pursuant to Government Code Section 66462 at such time at the City acquires the property interests required for the improvements. Such agreement shall provide for payment by developer of all costs in connection with the subdivision. Security for these costs shall be in the form of a cash deposit. That portionl of the security reflecting the value of the required off-site property interest shall be the amount given in an' appraisal report obtained by developer, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 7. An emergency access road per Foothill Fire District's requirements shall be provided along Almond Street to Turquoise Street. 8. A sidewalk shall be provided on one side only of the interior street. 9. The Almond Intercept Master Plan Channel (Line lA) shall be constructed from the existing portion to the southwest extending to a northerly projection of the east side of Sapphire Street or as otherwise necessary to provide drainage protection for the Tract as approved by the City Engineer. The cost of constructing the facility is eligible for reimbursements in accordance with City Ordinance No. 75. 10. Almond Street shall be constructed full width from Henry Street to Sapphire Street. A reimbursement agreement may be requested for the cost of improvements of the north half of the street from future development on the north side of the street. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA La,~ry-'T. ~ ~ ~ /'' """'" ATTEST~r da~_~ J e ~r~eta ry Resolution No. 89-048 Page 9 I, Brad Buller, Secretary of the Planning Commission of the City of Reimbursements in Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Reimbursements in Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of September, 1988, by the following vote-to-wit: AYES: CO~ISSIONERS: BLAKESLEY, EMERICK, CHITIEA, MC NIFL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COmmISSIONERS: NONE 0EPA~T#ENT OF C0NNUNITY DEVELOPHENT ~ 6, lb'for to approve! x~d ~o~tf~ of ~e fill rap, or prior fssmm ~ ~fldlH ~mfts ~en no ~p fs Involved. ~rftten ST~ CO~IT~S certlflcatl~ f~ ~e afl. ted ~ater district, ~at ade~ate s~r and ~ater facilities are or ~t)1 be available to serve the pressed p~Ject, sh~ll be su~ltted to ~e Deparment of C~n~ty Deve)o~nt. ~ch letter ~ust h~ve been ~ssued by ~e ~ater district ~/V~ ~ ~ .~ln nf.ty (~) days prior to final ~p approval In ~e case of ~[CT: subdfv~st~ or Issuance of pemfts In the case of a11 o~er ~sf~ntlal projects. For p~oJects usln9 septic tank facilities L~AT[~: ~ ~ ~O: ~ ~ ~A~H/~ tnfo~tl~, shall be obtained and su~ftted to the City. SI te Develo~nt ~e f~ ~ am ~ftfms of  be developed tn accordance with ~e approved site plans 1. ~e site ~ ftle tn ~e Plannln~ Division. the conditions ~onta~ned herein, and C~ITIONS: bustness activity ~fng c~nced thereon all conditions of approval shall be c~leted to ~e satisfaction of ~e Cfty Planner. T~ Ltmfts ~ ~ 2. Revised sf~e plans and bufldln ~. ~v~] ~)1 ~J~. unl~$ extended by ~e Pla~nf~ C~Jssf~. if c~dftlo~s of approval s~a11 be su~ftted for revle~ and approval by ~11dln9 ~mtts a~ not fssu~ or appmv~ use has not canc~ ~e Plannln9 Divtsf~ p~or ~ fss~ of ~11~ vl~ln ~nty-f~r (24) Wn~s f~ ~e ~ of app~vaT. . 3. AlT site plans, grading plans, landscape and Irrigation plans, and 2. Develo~t~f~ Revf~ shall ~ acc~11sh~ prior ~ st~et I~vmnt plans shall be coordinated for consistency prior ~3. ~prov41 of Tentative Tract ~. Is grant~ subject to ~e ~Wt. htldl~ ~h. eK.) prtor ~e case of a cust~ lot subdivision, or app~ved use has c~nc~, app~v41 of ~lchever c~s first. 4. This app~vai shaTT ~n vl~ ~e applicant a~ shall ~ veld u~ ~ 4. ~proval of ~ls re.est shall not valve C~114~ce vlth all sectfofls a chan~ of ~hlp or If ~e busJ~ss ~rttl~ ceases, of the ~vel~nt C~, 411 othe~ applicable City 0rdfna~ces, and 5. ~lor ~ a~vll M ~tln of h ftMI wp, ~ ~lor ~ ~lldfng Pemit issuance. Isle of ~fl~ ~ml~, ~ ~ s~dlvlsf~ Wp ts involved, ~ltten certJflcati~ f~ 411 eff~t~ ~h~l Districts shall ~ 5. ~ls p~J~t shall p~vl~ ~ mfnt~ percent of affordable suMItted ~ Ge ~r~flt of ~nJty ~vel~nt ~ich States War housing a~d/or ~nts, Jn coflfo~nce a~ate s~l f~llltl~ a~ or vtlT ~ ca~bTe of acc~tfn9 ~Tlcles. Affordablllty shall be detemlned by current mrket rates, stuMnts ~rated by ~ls p~JKt. ~ch letter of certtflcatl~ mst ~nts and ~dlan fnc~ levels have ~en Jss~d by ~e ~ol District vt~ln nifty (~) days prtor project. A ~velo~nt agre~nt to such shall be approved by the to ~e final wp app~vll In ~e case of ~e subdlvtsl~ wp or City Counctl ~lor ~ Issw~e of lssua~e of ~mlts In ~e case of 411 o~er ~sf~ntfal -1- Proaec o.' 7-/. 6. A detailed On-Site Lighting Plan shall be submitted for revtev and 15. All pa~vays, open areas, and landscaping shall be permanentl~ approval by the Planning Dfvtston prior to Issuance of befldlng mlntatned by a homonnore association or other Mans acceptable to perlito. Such plan shall indicate style, t11mmlnetIGn, lncatlon, the City. Such proof of maintenance shell be subettted to th height and method of shielding, so as not to adversely affect adjacent · Planning and Engineering Divisions prior to Issuance of hellion proper ti es. petal ts. trash receptacles are previdad, all trash pick-up 16. Recroatlonal amenities are required in conjunction with common ope 7. If central I zed publlcSha11 bevies.for Individual units with all receptacles shielded fr(xi spuce areas such as, but not limited to, svtmmtng puols and spas, an, court facilities. In addition, enclosed tot lot facilities with play equipment and large open la~n areas are required. Details shall be 8. Trash receptacle(s) are requtred and shell be encloned by a 6 foot Included In flue1 landscapu plans. htgh masonry vail with solid view obstroctlng gates pursuant to City standards. LOCation shell be subject to approval by the Plonnlng ~ ]7. Solar access Msewento abel1 be dedicated for the purpose of assuain9 Division. that each lot or deelllng unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy 9. AI1 ground nc.atari utility npportonances such as transfomere shall be system. ?he easewents My be contained in a declaration of located out of pebllc view of the lain building area and adequately ~r?~trfctlons for the subdivision ~htch shall be rocorda4 concur~fltly screened through the use or cuabinatfon of concrete or masonry valls, mm the recordltfm of the flnol mep or Issuanoe of pomtts, bemfng, and landscaping, whichever CGmeS first. ~11e easements shell prohibit the casting of vegetetlon, stroctures, fixtures or any ether object. by 10. Street ~mes shell be revtoned and approved by the City Planner, In except for utility wiros and stwilar objects, pursuant to Develo~ent accordance with the adopted Street Naming Policy, prior to Ipprmeel Code Section end recordetlMI of I~e Fram1 TrKt Nap. C. Building Design II. Al1 butldfnD's numbers and Indtvgdoal units shall be Identified In s clear nod concise Banner, tncledleg proper 111Lgllnatlon, I. An alteroatIve energy system Is required to provtde dmeestlc hot water for all dee111flg units and for heating any swimming puD1 or spa. AT! 12, Local and 14aster Planned Equestrian Trails shall be provided swimming pnols Installed at the ttmm of tntttal developMnt shall throughout the tract in accordance with the Equestrian Trail Plun. A supplemented with solar heating. Sular energy shah be the prlmr., detailed equestrian trail plea Indicating widths, mximum slopes, energy system unless other altereatlve energy systems are d~onstrated phystcnl conditlnoS, fencing and meed control, tn uccordance with City to be of equivalent capacity and efffcloncy. Details shall be equestrian trot1 standard drawings, shell be submitted for review and Included tn the buildtng plans and shell be reviewed and approved approval by the Plaonfng Division prior to approval end recordation of prior to Issuance of bmJldgng pemits. the Flnol Tract Nap, and prior to G~,~Gval of strut improvement nM ~ec&dln~ plons, Developer shall grade and construct all trails, 2. Energy conserving appliances and fixtures are required to be ludlng fonclog and drainage devices go conjunction with street Incorporated Into this project to Include such things as, but not Improvements. lIlithd to, reduced consumption shower heads, pilotless appliances, water saving toilets, etc. ]3. the Covenants, Conditions and Restrictions (CCLR's) shell not prohibit the *keepfng of equine entmmls, dTere zoning roquIrc~aents for the ~t~ 3. D~elltng units shall be ConStructed with flro retardent Mtertal and keepin? of said animals have been let. Indlvfdoal lot miners tn non-combustible roof arterial. subdivisions shell have the option of keeping said onimmls without the necessity of appealing to hoards of directors or holeomler's 4. All corner dwellings and t~o-story d~ellfngs shaT] have the side or associations for alendnents to CC&R's, rear elevettne facing the street upgraded with additional wood trim around winders and wood sldtng or piant-ons Mlere appropriate, subject 14. The Covenants, Conditions and Dectrictlons (CCLR's) and Articles of to review end approval by the City Planner prior to Issuance of incorporation of the Hmlemmers Assnclutlon are subject to the belldtng approval of the Plaonlng and Engineering 01visions and the Ctty Attorney. l~ey shall be recorded concurrent with the Final IMp or S. Standard patio cover plans shall be sulxnJtted to and approved by the prior to Issuance of belldlng penitts, whichever occurs first, A Plaonlng OtvtsJon and Building 0fflctal prior to Jssuaece of pulldlng recorded copy shell be. provided to the City. perlits. -2- PROdECT NO.T~/-/~7~ 6. A11 proposed roofing uaterial shall provide variation In color, /~3. Street trees, a alnimu~ of 15 gallon size or larger, shall be thickness, and architectural style. A composite sample shall be Installed per City standard In accordance with the 14aster Plan of submitted to and approved by the Planning Division prior ta issuance street trees for the Ctty of Rancho Cucamonga and shall be planted at of building per. ts. an average of every 30' on tnterlor streets and 20' on exterior streets. 7. All roof appurtenances, tocludtng air conditioners, shall be architecturally Integrated, shielded from vlem and the sound buffered 4. A iInlmum of trees per gross acre, coaprtsed of the folloulng from adjacent properties and streets as required by the Planning and sizes, the11 be provided within the project; ~ - 24' box or Building Otvfsious. Details sba11 be Included in building plans, larger, $ - 15 galTou, and $ - 6 gallon. I. Parking & Vehicular ~ccess (Indicate ~,-~, details on I~ildt~ pIons) S, A mtnlmom of $ of the trees planted wlthtn the project shaT1 be specimen size trees - 24 Inch box or larger. I. AlT parking lot landscaped tsZands shall have a mtofman outside dtmenstou of 6' and shoTJ couture an 12' ~alk ad~acemt to perking 6. ¥lthin perkteg lots, trees sha11 be planted at a rate of one ~5-9allon stall (Including curb), size tree for every 3 perking stalls, sufficient to shade 50 percent of the perking area at.solar noon on August 21. 2. Texturiznd pedestrian pethuays across circulation aisles shall be provided throughout the develoFe~ent to connect deelltngs with open 7, Trees shall be planted tn areas of public view adjacent to and along spaces and recreational uses. structures at a rate of one tree per 30 Itnear feet of building ~htcb has public exposure. 3. ATt perkklg spaces, aisles, entrances, and exits shall be striped per -- City standards. /~ 8. All slope banks tn excess of five ($) feet In vertical height and of 2:I or greater slope shall be landscaped and Irrigated for eroston __4. AI1 units thai1 be provided wtth automatic garage door openers tf control and soften thetr appearance as follons: one 16-gallon or drIvou~ is less than 16 feet in depth free back of sldeealk, larger size tree per each 150 sq. ft. of slope area, one I-gallon or larger size thrum per each lO0 sq. ft. of slope area, and appropriate 5. The Covenants, Coudtttous and Restrlctlous sba11 restrtct the storage ground cover, tn addition, slope banks tn excess of etght (8) feet In of recreational vthicles on this site uflJess they are the prioctple vertical height and of 2:1 or greater slope shall also include one source of transportation for the o~er and prohibit parking ou gallon or larger size tree per each 260 sq. ft. of slope area. Trees Interior circulstiou aisles other than In designated visitor perking end shrubs shall be planted in staggered clusters to soften and vary areas, slope plane. Slope plontteg required by this section shall toclude a permencnt Irrigation system to be Installed by the developer prior to 6. Any security gates shalT be submitted to and approved by the Plannln9 occupancy. Division end Foothill Fire OIstrlct prier to Is~onnce of building laemitso a healthy and thriving condition by the deveToper until each i. Landacapln~ IndtvldueT unit Is sold and occupied by the buyer. Prter to relousieg X occupame~ for thuae units, an Inspection 5hall be conducted by the 1, A detailed landscape and Irrigation plan, Iocludlng slope planting, Planning Oivlslofl to determine t~at It shall be submitted for revle~ and approval by the Plaonteg Division prior th the Issuance of bulldthg perlite er prier to final map lO. All landscaped areas shall be ~alntalned In a healt~ and thriving apl~val In the case of a custom 1et subdivision, coudttloa, free from weeds, trash, and debris. 2. Extstteg trees shall be retatned uberever possible. A Tree Removal Il. Front yard landscaping Is required and shall include, at a minimum, Permtt, tocludleg a dotatled plan of existing trees sho~lng thetr one iS-pellon size tree, one S-gallon stze tree, seeded ground cover, precise location, stze end type shall be submitted to and approved by and a permenent Irrigation system to be Installed by the developer the planning Oivtston prier te approval of the rough grading plon. prior to occupancy. Thts requirement shall be tn addition to required Satd plan shall take Into account the proposed gradtng, ~hat trees are street trees, to be retained, trimlng methods, and ubero nee trees w111 be planted for replacement of ree~ved trees. -3- ~ 12. The ftonl design of the perimeter parkways, walls, landscaping and ~/ side, elks sbe11 be Included in the required landscape plans and sbell ~% 4. The applicant sbe11 contact the U.S. PeltO1 Servtce to determine the be subject to appruval by the planning Dfvtslon and coordinated for appropriate type and lonattoo of mall boxes. Wultt-famtly residential consistency with any parkway landscaping plan ~hich wy be required by development shill provide solid overhead Structure for mt1 boxes with the Engineering Division. adequate lighting. I3. Special landscape features such ns mouedThg, alluvial roct, specSmon S. This project falls within the Rancho Cucamonga Redevelopment Area. ..... Any participation by the Rancho Cucamenga Redevelopment Agency on this size trees, meandering stdeealk$ (with horizontal change) and project, will require revlon and appruval of the development plons by the Agency. intensified laodscnptng, Is along /~ 6. Water and sneer plons sba11 be designed and constructed to meet ~ 14. Water and energy cooseruatton techniques are encouraged to be requtrooents of the Cecamenga County Water District (CCldD), Foothill utilized, such as special Irrigation techniques (e.g., drip Ftro District and the Envtrmmental Health Department of the County of Irrlgatfoo), drought tolerant pleat sbectes, alluvial reckscape, etc. San Berflardloo. A letter of compllonce fram CC~) will be required prior to rocordetloo or Iss~once of permits. X 15. Landscaping and trrlgetJoo systems required on public to be Insthlled right-of-way on the perimeter of this tract area shall be contThuonsly 7. This project site contains a designated historical lanc~ark. Any wtntatned by the developer until accepted by the City and annexed alterutlon, remeval, relecatfne, or reconstruction requires revle~ and Into the landscape maintenance district, approval by the Historic preservation Cmmlssion and City Council. 16. All retaining walls sbell be provlded w~th decorative treatment. BUILDING DIVXSIOII SHALL BE COFFTN:TEB FOR COlqPLIAJdGE WITH THE FOLLOWZRG CONDITIONS: F. Signs H. Site Develolment I. The signs Indicated on the submitted plans are not approved with this X I. The appllcont shall comply with the latest adopted untfone Building approval. Any sties proposed for this development shall be designed Code, Uniform IqecbenJcal Code, Unfforu plumbing Code, #arlene1 tn cooforoaece ~th the Sign O~dlonnce and sba11 require separate £1ectrlc Code, and all other applicable codes, ordinances and appltcatloo and approved by the PlannThg Division prior to ~/ regulations in effect at the time of issuance of relative permits. Installation ~ 2. l~lor to Issuance of betiding pene~t for a new residential 6~elltng 2. A uniform sign progrum for this development sbe11 be submitted to the unit(s) or major eddttloo to an existing unit(s), the applicant shall Plonntng Division for their revte~ and approval prior to issuance of pay development fees at the eathbltshod rate, Such fees may Include, but are not limited to: City Beautification Fee, park Fee, Drainage hlldfng PermlU. Fee, ~ystems Develol~ent Fee, Permit and Plan Checking Fees, and 3. Directory monument sign(s) shall be provided for apartment, School Fees. condominium or to,house projects prior to occupancy and shall require co 3. P~or to Issuance et belldThg perolt for a new cmmerctal or ~ separate application and approval by the pIonnfng Dtvlstne prior to Thdustrtal development or addition to an existing development, the ? Issuance of lmJld~g pas~t, applicant shall pay develOl~ont fees at the establlsbed rate. Such o~ fees may included but not be limited to: S~,stems Developeent Fee, co G. Other A~lencles Drainage Fee, Permit and Plon Checking Fees. c~ /~ Z. Emergency secondary access shall be provided in accordance with X ~ Foothill Fire protection District Standards. __ 4. Street addresses $hall be provided by the Building Official. O0 ~( 2. Emergency access shall be provided, maintenance Free and cleero a I. £xlstln~l Structures -~ mtntmm of 26 feet wide at all times during construction in accordance c~ with roothtll Fire District requirements. I. provide compliance with the Untforo Butldtng Code for property lion ~ .~ clearances constderfn9 use, area and ftre-neststtveness of existing m° ~ 3. Ptdor to IssuanCe of Building i~rmlU for combustThle coostructlon, e ~ evidence shall be submitted to the Foothtll Ffru District that ~ ~ temporary water supply for flru protection ts available, pending complettoo of required fire protection systems. -4- PROJECT NO.'~_~ 2. Exlstln9 building(s) sbell be made to comply with current Building and Zoning regulations for the intended use or the building shall be d. Final grading plans for each parcel are to be subeitted to the delollshed. Betiding and Safety Division for approval prior to Issuance of building or grading permits. (This may be on an Incremental or 3. Existing sewage disposal facilities shall be removed, filled Dod/or composite basis.) capped to cmlply with the Uniform Plud)thg Code, and Uniform Building Code.  e. All slope banks in excess of five (5) feet in vertical height and of $:1 or greater slope shall be seeded with native grasses upon 4. Underground on-site utilities are to be 1orated and shmm on building completion of grading or some other alternative ~ethod of erosion plans subiitted for building permit appt$cation, control shall be co~leted to the satisfaction of the Building Grading Official and City Planner. irrigation shall be provided to germinate the seed and maintain growth for a period of 6 )~ i. Grading of the subject property sbell be in eccor~tance with the after germination. Uniform Building Code, City Grading Standards and accepted grading [#GiNEF. RiNG DIVISION practices. The final grading plan sbell be in substantial confomonce with the approved conceptual grading plan. K. Dedication and Vehicular Access X 2. A soils report sbell be prepared by a qualified engineer licensed by ~ 1. Dedications sbell be made by final map of all interior street rights- the State of California to perform such mark. of-way and ail necessary easements as sho~n on the tentative map, ~ iocluding Co~ofty Equestrton Trot1 rights-of-way and Local Feeder 3. Your de~elolment is located within the soft erosion control Equestrton Troll onsononts. beeedartes; a Soil Ellsturbeece Nrmft is required. Please contact San Bereardion Coenty Dept. of Agriculture at (7~4) 38Z-21El for permit ~ 2. Dedication shall be made of the following rights-of-way on the applicatthn. Dncumentotton of such permit shall be submitted to the following streets (measured from street conterltne): City prior to ~$S~lsr, e of rengh grading permllt. ~- total feet on 4. R geological report shall be prepared by a qualified engineer or geologist and submitted st the tine of application for grading plan total feet on check. X The grading plans shall be coswleted and approved grtor to total feet off S. final issuonce of I~llidlng imsllt, s. total feet on 6. As e custom-lot subdivision, the .foilenlng requlresnonts shall be ent: 3. Irrevocable offer of dedication for foot wide roadway easement the1! be made for all private streets or drives. a. Surety she1! be posted and an agre~nt executed g#aronteeing completion of ell ne-site drainage facilities necessary for 4. Corner property line radius will be required per City Standards and de.storing all parcels, to the satisfaction of the Building end drewlngs. Safety Division ImJor to r~ofllitlm of Um ml~ ~nd ~rlor to Um Uon-vehlco~aF access sbell be dedicated to the City for the folio~thg b. Appropriate easements, for safe disposal of drathage water that streets:. --~/~}0~ /~}~ .re con-.tied on, or or., . ocon. p. ls..rn to bu bell.eat, ' ' ' and recot'ded to ~e satisfaction of the Building and Safety Division I~o~ to Issoonce of ~ grading add bolldlllg permits. 6. Reciprocal access easements and maintenance agreements ensurtng access c. On-site drainage Iaprnvemants, necessary for dematerlng or to all parcels and Joint maintenance of all comon roads, drives er protecting the subdivided properties, are to be installed prior to parking areas shall be provided by CC&R'S or by deeds and thall be issuance of building permits for construction upon any parcel that recorded concurrent with the map or prior to issuance of bulldtn9 may be subject to, or contributes to drainage flo~s entering, permit, ~ore no map Is involved. leaving or ~lthln n parcel relative to ~t~lch · building permit ts ~ Z. Private drainage easeeents for cross-lot drainage shall be required requested, and shall be delineated or noticed on the final map. -5- PROJECi~. V ~ h Surety posted and an agreneent executed to the satisfaction 7. shall be 8. AIl existing easements lying within future right-of-way are to be of the City Engineer and the City Attorney, guaranteeing c0apletton of qultclahled or to be delineated on the ~ap per City Engineer's the public end/or ,,rlvate street teprovenents, prior to agproval of requirements, the Ftnal Nap or the issuance of building permits, whichever occurs first. g. Easeeents for sidewalks for ,,ubllc uses sba11 be dedicated to the City where sidewalks leonder through private property. 8. Street tl~roveMnt plnes per City standard for the private streets or drives shall be required for review and appruval by the Ctty £ngtneer. L. Street l~oruveients X g. Prior to aa), nerk being perforled on the private streets or drives, I. Construct full street tlpreve~ents Iocludtng, but not limited to, curb fees shall be paid and s construction pemlt shall be obtained free and gutter, A.C. pavelent, sidewalk, drive approaches, parkway trees the City Engineer's Office, in addition to any other per~tts required. and street lights on interior public streets. ~ tO. AIl street I~proveeeats shall be Installed to the satisfaction of the X 2. A mintmu~ of ~6-foot Nde payment within a 4U-foot wide dedicated City Engineer. be constructed for half-section streets. ~ Il. Pavewent striping, larking, traffic and street na~e signing shall be ~ 3. Construct the following liprovee~flts lncludtngo but not lleltnd to: installed per the requlrelonts of the City Traffic Engineer. CURB & A.C. SLUE- UXIl~ ~lRttl A.C. I~EUJAN ~ IZ. Existing city roads requiring reconstruction shall retain open for STREET R~IE GUTTER pVNT. VALE ~ePl~. LIGtlTS OVERLAY ISL~O OTHER trufftc at all tiles with adequate detours during construction. A ) street closure per~lt my be required. A cash deposit shall be Al on, X X ,X {if) ro ,red to coee,' th. co,t o, ored'ng and ,,av,ng. wh, , ,,,,1 he refunded on colpletfon of the construction to the satisfaction of the I : · -- [3. Nalk~ayl shall be prevlded between public sidewalks and on-stir pedu~trion areas. 14. Concentrated drainage flows shall not cress sidewalks. Under stdewalk drains shall be Installed to City Standards. 15. A penlit ~tll be required free CalTrons for any ~ork within the NOTES: Ia) If C under sidewalk, ft shall be curvfltnear per STO 304. (b) Nedlan follewfng right-of-way: Islond Includes-landscaping and irrigation on later. (c) L.A. (lien ngreelent) or Fee (In-lieu fee) ~[qll be p.r~vided for the Ite~ so aerked. ) 'rr ul .. ora.V once ond ..ed Cont,., co )~ 4. Prior to any )~ork being perfoneed In the pabltc right-of-way, fees /~ 1. The applicant wtll be responsible for construction of all on-site '~ drainage facilities ruqufred by the Building Official. o shall be paid and an encreaclment pemft sbe11 be obtained rrm the I City Engineer's Office, tn nddltfon to any other pemtts required. o~ Z. Intersection drains will be required at the follewlng locations: co X S. Street tmprevment plans Including parkway trees and street lights (~ prepared by a Registered Civil Engineer and approved by the City :~ Engineer shall be required for all pebllc streets prior to issuance of an encroachlent perltt. Ftonl plans and profiles sba11 sho~ the 3. The project (er portions thereof) is located within a Flood Hazard ~ location of all existing utility facilities within the right-of-lay. Zone, therefore, flood protection leasures shall be provided as 0 certified by a Registered Civil Engineer and approved by the City tn 6. A separate parkley and/or indian Island landscape and Irrigation plan Engineer. ~ per City Stander. ds shal~ be ~vlded subject to a. pproval o~ the ~ protect the structures by diverting sheet runoff to streets, or to a ~ ' store drain. -6- PROJECT NO.~ ~ S. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property fro~ adjacent areas. 6. An easeeent for a Joint use driveway shall be provided prior to appreval of the Final Nap or Issuance of building permits. ~ichever 6. The following street(s) shall be designed as major water carrying occurs first, for: street(s) requiring a ceebtnation of special curb heights, cemerclal type drive approaches, rolled street connections, flood protection walls, and/or landscaped earth benes and rolled driveways at property ,/ line: ~ 7. Notice of Intention to form and/or join the Lighting and Landscaping ~ District shall be flied with the City Council prior to recordation of 7. A final drainage study shall be sulxmltted to and approved by the City the map or Issuance of building permits, ~lchever occurs first. Engineer prior to appreval of the Final Nap or Issuance of building permits. ~ichever occurs first. All drainage facilities shall be thstalle~ as required by the City Eaglneer. ~ 8. A permit irma the County Flood Control 01strict Is required for ~ork ~lthtn its right-of-way. ~. Utilities ~ ]. Prevl~ utility services to each parcel Including sanitary separate sewerage~syste~o mater, gas, electric po~er, telephone, and cable TV (al1 undergreand) lA acco~daoce ~th the Utility Standards. Easements shall b~ provided as required. X 2. The daveloper shall be responsible for the relocation of existing utilitlea as necessary. O. General Requirements and ~provals A puree1 map sbell be recordad prior to first phase subdivision to prevent creatloa of unrecognized pereels.  2. The following perimeter landscaped perlcways are required to be annexed Into the landscape mlnten*nce district: 3. prior to recordation, a Motlce of Intention to form and/or Join Landscape and Lighting Districts shall be filed with the City Council. The engineering costs tnvolved in District Formation shall be borne by the dsveloper. 4. Notice of Intention to Join the median Island Landscape 14athtenence District shall be filed ~lth the Ctty Council prior to appreval of the Final Nap or Issuance of bulldthg permits, ~lchever occurs first. S. The separate existing parcels contained within the project boundaries shall be legally cmablned Into one parcel prior to the Issuance of building permits. -7- Resolution No. 89-048 Page 17 BEFORE THE CITY COUNCIL OF THE CITY OF R~-NCHO CUCAMONGA In re the Application of Tentative Tract 13738 RODINE COMPANIES, INC., SECOND--SUPPLEMENT TO APPEAL FROM DECISION OF PLANNING COMMISSION Applicant. Applicant, Rodine Companies, Inc. respectfully supplements appeal from the decision of the Planning. Commission to approve the above ~en=ative tract, subject to certain conditions, as follows: Current Status of the Conditions of If the current recommendations of the Planning Commission are accepted by =he City Council, the following is the position of the Applicant with respect to the conditions of approval: No. Con4ition ~li~an~'s Position 1 Provide Drainage Acceptance Letter Agree Utility Unde~grounding (a) Sapphire Street Disagree (b) Almond Street Agree on'soutH side only 3 Almond extension to west Agree to removal of condition 4 Centerline Crown Section Agree 5 Dedicate north half of Almond Disagree 6 Obtain north half of Almond Disagree 7 Emergency access road Agree to removal of condition 8 Sidewalk on one side only Agree 9 Construct Almond Intercept Channel Disagree 10 Almond full width to Henry Disagree A1 24 month expiration Of map Agree A6 Water quality letter Agree-Planning Commission has clarified that a private sewer system is acceptable if it meets retirements of wa:er quality. B1 Site developmen~ conditions Agree B2 Plans and elevations approval Agree B3 Plan approval before final map Agree B4 No waiver of ordinances Agree B7 Trash receptacles shielded Agree BI0 Street name review Agree Resolution No. 89-048 Page 18 Second Supplement to Appeal January 18, 1989 Page Two Bll Building number ID Agree B17 Solar easements Agree C3 Fire retardant materials Agree E1 Landscape and irrigation plan Agree E2 Tree removal permit required Agree E3 Street trees Agree E8 Trees on slopes Agree E9 Slope maintenance Agree El0 Landscape maintenance Agree El2 Landscape plan approval Agree El4 Water and energy conservation Agree El5 Landscape maintenance district Agree G1 Secondary access Disagree-Henry Street is 'sufficient per fire district requirement. Condition should be removed. G2 Access during construction Agree G3 Water supply during construction Agree G4 Mail boxes Agree G6 Water and sewer plans Agree-Planning Commission h~s clarified that a private sewer system is acceptable if it meets requirements of water quali~y. Hi Comply with uniform codes Agree H2 Pay fees prior to permits Agree H4 Street addresses Agree I4 Location of underground utilities Agree, where Applicant has agreed to underground utilities. J1 Grading plan Agree J2 Soils report Agree J3 Soil Disturbance Permit required Agree J5 Final grading plans before permit Agree K1 Trail and street dedications Agree K2 Almond Street 42 foot dedication Agree to dedicate portion on Applicant's property only. K4 Corner property line radius Agree K5 Non-vehicular access on Agree to dedicate portion on Almond and Sapphire Ap~%cant's proper~y only. K7 Private drainage easements Agree, dedication per ordinance K8 Existing easements on map Agree L1 Interior street improvements Agree, except north side of Almond. Resolution No. 89-048 Page 19 Second Supplement to Appeal January 18, 1989 Page Three L2 26 foot wide pavement Agree, except south side of Almond only where owned by Applicant. L3 Almond and Sapphire improvements Agree, except north side of Almond and underground utilities on east side of Sapphire S%reet, or paying in-lieu fees. L4 Fee payment before work Agree L5 Street improvements approved Agree L6 Parkway landscape plan Agree L7 Posting of security Agree if "surety" changed to "security." L10 Street improvements approved Agree Lll Striping and signs approved Agree L12 Street closure permit required Agree M1 On-site drainage Agree M5 Accept off-site drainage Agree, except building of Almond Intercept Channel. M7 Submit drainage study Agree N1 Provide utility services Agree-Planning Commission has clarified that a private sewer system is acceptable if it meets requirements of water quality. N2 Relocate existing utilities Agree, except to extent of undergrounding existing utilities along Sapphire, or paying in-lieu fees. 02 Annex parkways Agree 07 Notice re maintenance district Agree Items Resolved Throuqh Pla~lnq Commission The Planning Commission, after review with legal counsel, has agreed to remove Condition 3 and Condition 7. Applicant agrees with uhe elimination of these conditions, and fur=her suggests that Condition G1 be modified to make it clear no further extension of Almond Street past the proposed Henry $~reet is required.