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HomeMy WebLinkAbout95-138 - ResolutionsRESOLUTION NO. 95-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 93-46, A REQUEST TO MODIFY THE APPROVED SITE PLAN AND CERTAIN CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED GAS STATION AND MINI-MARKET IN THE COMMUNITY COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 2) LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-192-06. A. Recitals. 1. Art and Diana Flores have filed an application for a modification to Conditional Use Permit No. 93-46, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On July 27, 1994, the Planning Commission approved Conditional Use Permit 93-46, subject to certain conditions, through adoption of Planning Commission Resolution No. 94-67. 3. On August 23, 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. After receiving all public testimony, the Planning Commission directed staff to prepare a Resolution of Denial. 4. On September 13, 1995, the Planning Commission adopted its Resolution No. 95- 39, denying the application. 5. On September 5, 1995, the applicant appealed the Planning Commission's decision within the time limits prescribed by law. 6. On September 20, 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued said hearing to October 4, 1995, directing staff to prepare a Resolution approving the application. 7. On October 4, 1995, the City Council concluded the public hearing on the application. 8. All legal prerequisites prior to the adoption of this Resolution have occurred. Resolution No. 95-138 Page 2 B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 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. Based upon substantial evidence presented to this Council during the above- referenced public hearing on September 20 and October 4, 1995, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located at the southeast corner of Foothill Boulevard and Vineyard Avenue with a street frontage of 140 feet along Foothill and 155 feet along Vineyard Avenue and is presently vacant; and b. The property to the north of the subject site is designated for commercial uses and is developed with a retail center. The property to the south is designated for residential uses and is developed with a residential condominium project. The property to the east is designated for commercial uses and is developed with a fast food restaurant. The property to the west is designated for commercial uses and is vacant; and c. The development of the gas station and mini-market is consistent with the Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and d. The application, together with the attached conditions of approval, will comply with the standards of the Development Code; and e. The application maintains the same parking setback along Foothill Boulevard of 40 feet as approved as part of Variance 88-09. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearings and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, 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 Development Code. Resolution No. 95-138 Page 3 4. The Negative Declaration was 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, the Commission reviewed and considered the information contained in said Negative Declaration with regard to the application and issued a Negative Declaration on July 27, 1994. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council 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 Division 1) The applicant shall make a good-faith effort to obtain a right-of-entry agreement to install on-site improvements on the liquor store site (APN: 208-192-07) in accordance with the originally approved site plan, as shown on the attached Exhibit "A." The applicant shall post a cash deposit with the City to cover the cost of the on-site improvements prior to the issuance of building permits. If, after exhausting all reasonable efforts to obtain the agreements determined by the City Planner, the applicant is unable to acquire the property owner's permission to complete the improvements, the deposit shall be refunded. 2) The street trees along Foothill Boulevard and Vineyard Avenue shall be planted at 30 feet on center consistent with the Foothill Boulevard Specific Plan (FBSP). The final plans shall be reviewed and approved by the City Planner and City Engineer prior to building permit issuance. 3) The sidewalks along Foothill Boulevard and Vineyard Avenue shall extend to the raised planters. That portion of the sidewalk outside of the public right-of-way shall be maintained by the property owner. 4) Decorative light fixtures, benches, potted plants, and trash receptacles shall be provided consistent with the FBSP. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance. 5) The canopy fascia lighting shall be eliminated. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance. 6) Architectural details of the project shall be worked out with staff prior to building permit issuance. 7) A comprehensive sign program shall be reviewed and approved by the City Planner prior to building permit issuance. Resolution No. 95-138 Page 4 8) 9) 10) 11) 12) 13) 14) 15) The parallel parking stall on the west side of the site shall be modified to expand the landscape area on the south end and replace the landscaping on the north end with a painted stripe. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance. Extensive landscaping shall be provided along the south property line. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance. Provisions for the following design features in the trash enclosure shall be provided 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) Large enough to accommodate two trash bins. d) Roll-up doors. e) Trash bins with counter-weighted lids. f) Architecturally treated overhead shade trellis. g) Chain link screen on the top to prevent trash from blowing out of the enclosure and designed to be hidden from view. Graffiti shall be removed within 72 hours. Trash collection shall occur between the hours of 9 a.m. and 10 p.m. only. The entire site shall be kept free from trash and debris at all times, and in no event shall trash and debris remain for more than 24 hours. Signs shall be conveniently posted "No Overnight Parking" at the site entries and "Employee Parking Only" along the south row of parking. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements of all tenants: a) Noise level - All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. and 10:00 p.m. Resolution No. 95-138 Page 5 b) Loading and unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m., unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. Engineering Division 1) The existing overhead utilities (telecommunication and electrical, excluding 66 kV lines) on Vineyard Avenue shall be undergrounded from the first pole south of the south project boundary to the first pole on the north side of Foothill Boulevard. The developer may request a reimbursement agreement to recover one-half of the City adopted cost for undergrounding from future development or redevelopment as it occurs on the adjacent parcel to the south or on the opposite side of Vineyard Avenue. 2) An in lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunication and electrical) at the south property line shall be paid to the City prior to the issuance of building permits. The amount shall be the City adopted unit amount times the length of the project frontage. 3) Foothill Boulevard: a) An additional 15-foot dedication of right-of-way shall be required for a total distance of 75 feet as measured from the street centerline fronting Assessor's Parcels Number 208-192-06 and 208-192-07. b) Full public improvements on the south side fronting Assessor's Parcels Number 208-192-06 and 208-192-07 from Vineyard Avenue to the east property line of Assessor's Parcel Number 208-192-07. Provide necessary public improvements fronting Assessor's Parcel Number 208-192-08 to the east of the project for transitioning, to the satisfaction of the City Engineer and Caltrans. c) The developer shall make a good faith effort to acquire the required off-site property interests for street dedication and a construction easement from Assessor's Parcel Number 208-192-07 necessary to construct the required public improvements, if he/she should fail to do so the developer shall, prior to the issuance of a building permit, 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 Resolution No. 95-138 Page 6 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 proposed project. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. d) The developer shall be eligible for reimbursement for permanent public improvements installed on the frontage of Assessor's Parcel Number 208-192-07 upon development or redevelopment of that parcel. A request for a reimbursement agreement shall be submitted within the six months following City acceptance of the public improvements. If the developer fails to submit a request for the reimbursement agreement within the 6 month period, all right of the developer to reimbursement shall terminate. e) Acquire necessary additional right-of-way to transition public improvements fronting Assessor's Parcel Number 208-192-08 adjacent to the east of the proposed project. f) A contribution in lieu of construction for one-half the cost of the median island within Foothill Boulevard, including landscaping and irrigation, shall be paid to the City prior to the issuance of building permits. The value of the median island shall be based on the distance from the centerline of Vineyard Avenue to the easterly property line of Assessor's Parcel Number 208-192-06. g) The parkway activity center shall be constructed per the Foothill Boulevard Specific Plan fronting Assessor's Parcels Number 208-192-06 and 208-192-07 to the satisfaction of the City Engineer and Caltrans. 4) Vineyard Avenue shall be constructed as follows: a) Full improvements on the east side from Foothill Boulevard to the south property line with a transition to the south of the project to the satisfaction of the City Engineer. b) All improvements shall be constructed with respect to the new centerline of construction as it was determined for the required improvements of Parcel Map 12596 on the northeast corner of Foothill Boulevard and Vineyard Avenue. c) The parkway activity center shall be constructed per the Foothill Boulevard Specific Plan. Sidewalk easements shall be provided for as necessary. Resolution No. 95-138 Page 7 5) Modification and relocation, as necessary, of the traffic signal at the Foothill BoulevardNineyard Avenue intersection shall be the responsibility of the developer. The relocation and modification shall be to the satisfaction of the City Engineer and Caltrans. 6) "No Parking/Stopping" signs shall be posted along the frontages of Foothill Boulevard and Vineyard Avenue on Assessor's Parcels Numbers 208-192-06 and 208-192-07. 7) A cash contribution in lieu of construction towards one-fourth the cost of constructing special pavers within the Foothill BoulevardNineyard Avenue intersection shall be paid to the City prior to the issuance of building permits and shall be based on the square footage of the intersection. 8) The developer shall obtain a right-of-entry for driveway removal and parking lot reconstruction from the owner of Assessor's Parcel Number 208-192-07 prior to the issuance of building permits. 9) The Foothill Boulevard driveway shall serve as a joint access for Assessor's Parcels Number 208-192-06, 07 and 08. A signed and recorded agreement between the owners of all affected parcels shall be submitted prior to the issuance of building permits. 10) On Foothill Boulevard, the sidewalk shall be extended to the curb within the bus stop area. The length will be to the satisfaction of the City Engineer. 11 ) The band of decorative pavement within the Vineyard Avenue access shall be located behind the public sidewalk. 12) A corner cut-off for the right-of-way at the intersection of Foothill Boulevard and Vineyard Avenue shall be dedicated to the satisfaction of the City Engineer. 6. This Council hereby provides notice to Art and Diane Flores that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga 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 Art and Diane Flores at the address identified in City records. Resolution No. 95-138 Page 8 PASSED, APPROVED, AND ADOPTED this 4th day of October, 1995. AYES: Alexander, Biane, Gutierrez, Williams NOES: None ABSENT: Curatalo ATTEST: Debra J. Ad~rfs, CMC, City Clerk William J./,~xander, M~yor I, DEBRA J. ADAMS, 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 4th day of October, 1995. Executed this 5th day of October, 1995, at Rancho Cucamonga, California. , City Clerk Rano~~,~nga Resolution No. 95-138 Page 9 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD '-CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (!~)9) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limits 1. Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within 24 months from the date of .'~P,-- -. ~ 2. Development/Design Review shall be approved prior to / / 3. Approval of Tentative Tract No. is granted subject to the approval of Com~lefio~ Dam ~ /.__ The developer shall commence, 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 Prolection District to finance construction and/or maintenance of a fire station to serve the development. The station shall be located, designed, and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the District's property upon completion. The equipment shall be selected by the Distdct in accordance with its needs. In any building of a station, the deveiopar 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 orthe issuance of building permits, whichever comes first, the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities District, the applicant shall, in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits, whichever comes first. Further, 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 ~ to Ihe meordalion of the linal map or issuance of building permits for said project, this condition shall be deemed null and void. so- ]o/94 I Resolution No. 95-138 Page 10 This condition shall be waived if the City receives notice that the applicant and all alfected 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 district within 90 days prior to final map approval in the case of subdivision or prier to is. suance of permits in lhe case of all other residential projects. B. Site Development v/' 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, extedor materials and colors, landscaping, sign program, and grading on file in the Planning Divis~ion, 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. 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 1or 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. 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. Approval ol this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community Plans or Specitic 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) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. 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 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. Comolcuon Date: __/ __/ / / / / __/ / / / ___/ / _.J /__ sc- lo/94 2 Resolution No. 95-138 Page 11 11. i,/' . 12. Project N'o ~:~ ~lt~"~ Comptetaon Date: 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. All building numbers and individual units shall be identified in a clear and concise manner, ~ /.__ including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes. physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, 'shall be submitted for City Planner review and approval prior to approvai~nd recordation of the Final Tract Ma15 a~d. 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 requirernents for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option o! keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. _._/ / 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the .__/ /.__ Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. 16. All parkways, open areas, and landscaping shall be permanently maintained by the property _._/ / owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or 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 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, excepl 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 ol landmark trees, demolition, reiocation, reconstruction of buildings or stnJcturas, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Histodc Preservation Commission review and approval. / / C. Building Design 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 afficlency. All swimming pools installed at the time of initial development shall he 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 fro~, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to City Planner review and approval prior to issuance of building permits. / / / /.__ sc- 1o/94 3 Resolution No. 95-138 Page 12 D. Parking 3. 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. 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/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 t.he satisfaction of the City Planner. Details shall be included in building plans. and Vehloular Acceea (Indicate details on building plane) 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. 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 re[trict 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 Distdct 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 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 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 arbodsrs recommendations regarding preservation, transplanting and tdmming methods. A minimum of trees per gross 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 planted within the project shall be specimen size trees - 24-inch box or larger. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to shade 5(P/o of the parking area at solar noon on August 21. Comptedon Date: __/ /__ ._./ / __/I/ / / / / / / / / __/ / __/i/ sc- ]0/94 4 Resolution No. 95-138 Page 13 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. 7. 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. 8. All private slopas in excess of 5 feet,but less than 8 feet in'vertibal height and of 2:1 orgreater slope shall be landscaped and irrigated for erosion control and to soften their appe~irar~. e as follows: one 15-gallon or larger 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 par 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 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 sold and occupied bythe buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 10. For multi-family residential and noraresidential development, proparty 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 ke~ free from weeds and debris and maintained in a healthy and thriving condition, and shell 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 shell be required per the Development Code and/or · This requirement shell be in addition to the required street trees and slope planting. 12. The final design of the padmeter 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 Enginaedng Division. 13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander- ing sidewalks (with horizontal chenge), and intensified landscaping, is required along Comp[cUOn Dam: / / / / / /.l / / 14. Landscaping and imgation systems required to be installed within the public right-of-way on the perimeter of this project area shell be continuously maintained by the developer. 15. All walls shell be provided with decorative tmatmant. 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 criteria shall encourage the natural growth characteristics of the selected tree species. 17. Landscaping and irrigation shall be designed to consewe water through the principles of Xedscape as defined in Chapler 19.16 of the Rancho Cucamonga Municipal Code. / / / / / / sc- to/94 5 Resolution No. 95-138 Page 14 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 Uniform 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 t0wnl~omes prior to occupancy 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 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 Spa¢ial 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 buye~ 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. 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 below 45 CNEL, the building materials and construction techniques provided, 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 Agenclea 1. Emergency secondary access shallbe provided in accordance with Rancho Cucamonga Fire 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 Rancho Cucamonga 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 overheed 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 L~__,ance of building permits. Completion Date: / / / / ___/ / __/ / / /l / /B / / For projects using septic tank facilities, written certification of acceptability, including all supportive information, shall be obtained lrom 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. sc- 1o/~4 6 Resolution No. 95-138 Page 15 APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date: I. Site Development 1. The applicant shell 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 O~inance 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 Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. v/" 3. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing deveioprnent, the applicant shall pay development fees at the established rate. Such lees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. V/ 4. Street addresses shell be provided by the Building Official, after tract/parcel map recordation and prior to issuance of building permits. J. Exlating ~tn. mture~ / / / / 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 shell be demolished. / / 3. Existing sewage disposal facilities shall be removed, filled and/or capped to cornply with the Uniform Plumbing Code and Unilorm Building Code. 4. Underground on-site utilities are to be located and shown on building plans submitted for building permit application. / / / / K. Grading v/' 1. Grading o! the subject prope~ shall be in ac__~_rdance with the Uniform Building Code, City Grading Standards, and aooelXed 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 The development is located within the soil erosion control boundaries; a Soil Disturbance Permit is required. Please contact 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 permit. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 5. The final grading plans shall be completed and approved prior to issuance of building permits. / / / sc- 10194 7 Resolution No. 95-138 Page 16 6. As a custom-lit subdivislin, 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 Safety Division prior to final map approval and prior to the issuance of grading permits. Completion Dat~: 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 issua~ce of grading and building permits' ; c. On-site drainage improvements, necessary for dewatering and protecting the subdivided ---/ / properties, are to be installed prior 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 slipe 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. / / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Accaaa 1. Rights-of-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 facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. ,/ Dedication shall be made of the following rights-of-way on the perimater streets (measured from street centerline): total feet on total feet on total feet on 3. An irrevocable offer of dedicafion for for all private streets or drives. 4. -foot wide madway easement shall be made / / __/ / Non-vehicular access shall be dedicated to the City for the following streets: ~c- 1o/94 Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs _--/ or by deeds and shall be re(on:led concurrently with the map or prior to the issuance of building permits, where no map is involved. I 8 Resolution No. 95-138 Page 17 6. Private drainage easementsforcmss-lot drainage shall be provided and shall be delineated or noted on the final map, 7. The final map shall clearly delineate a 10-foot minimum building restriction area on the neighboring lot adjoining the zero lot line wall and contain the following language: "l/We hereby dec#cate 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 gra~ted from each lot to the adjacent I~t 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 improve..rnents, and it he/she should fail to do so, the developer shall, at least 120 days prior to submitlal 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 appraisal report oblained by the developer, at deveiope¢s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. M. Street Improvementa 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 im13'ovements shall include, but are not limited to, curb and gutter, AC pavement, drive appmacbes, 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 perimeter street improvements including, but not limited to: Completion Dale: __./ / / --.-J / / / / / STREET NAME CURB · &C. ~. DRIVE STREET STREET COMM M~DJAN BIKE GIJ'rrER PVMT WALK AP~R. LIGHTS TREES TRAL tSI. ANO TRAIL OTHER sc- ~o/~4 9 Resolution No. 95-138 Page 18 Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined dudng plan check. (c) If so marked, side- walk shall be curvilinear per ~TD~304. (d) If so marked, an in-lieu of construction fee shall Improvement plans and construction: a. Street improvement plans including street trees and street lights, prepared by a ~'egis- ----/ / tered Civil Engineer, shall be submittedlo and approved by the City Engineer. Secudty shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of lhe public and/or private street improve- ments, prior to final map approval orthe issuance o! building permits, whichever occurs first. Prior to any work being pedormed in public right-ot-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. Pavement striping, marking, traffic, street name signing, and interconnect conduit ___/ / shall be installed to the satisfaction of the City Engineer. Signal conduit with pull bexas shall be inatalled 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 both sides of the street at 3 feel outside of BCR, ECR or any other locations approved by the City Engineer. Co~lc~on D~tc: __/ / 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 pullrope. ! !.__ e. Wheel chair ramps shall be installed on all four comers of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with --/ / adequate detours during construction. A street closure permit may be required. A cash deposit shall be provided to (3over 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 shall be as specified by the City Engineer. / / i. Street names shall be approved by the City Planner prior to submittal for first plan check. .---/ / Street improvement plans par City Standards for all private streets shall be provided for ---/ .J review and approval by the City Engineer. Pdor.to any work 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. 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. sc- 1o/94 10 Resolution No. 95-138 Page 19 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 shall be located outside the lines of sight. Landscaping and other obstructions within the lines of sight shall be approved by the City Engineer. bo Local residential street intersections shall have their rioticeabil'¢y improved, usually by moving the 2 +/- closest street trees on each side away from the street and placedin 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 issuance of building permits: Proi~t N~°~ Compl¢~ion Dal~: / / __/ / / / / / / / 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: / / ,/ 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 borne 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 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 ~e City Engineer. It shall be the developer's responsibility to have the current FIRM Zone designation removed from the project area. The developer's engineer shell prepare all necessary repofts, plans, and hydroiogic/hydraullc calculaticns. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map ~val 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. / / sc- lo/94 11 Resolution No. 95-138 Page 20 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 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 TV (all Underground) in accordance with the Utility Standards. Easements shall be provided as required. 2.The developer shall be responsible for the rolocation of existing utilities as necessary. 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. ComolctJon Da£¢: --/ __/____/ .... .__/ / __/ / Q. General Requlrement~ sn¢l Approval~ 1. The separate parcels contained within the project b(~undaries shall be legally combined into 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 covedng the estimated cost of apportioning the assessments under Assessment District among the newly created parcels. 4. Etiwand~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 ol~ained from the following agencies for work within their right-of-way: 6.A signed consent and waiver form to join and/or form tha Law Enforcement Community Facilities District shall be filed with the City Engineer prior to final map aP13roval or the issuance of building permits, whichever occurs first. Formation costs shall be borne by the Developer. 7. Prior to finalization of any development phase, sufficient improvement plans shall be. com- pleted beyond the phase boundaries to a_~u_Jre 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 SHAU. CONTACT THE FIRE SAFETY DIVISION, (909) 987-640~, FOR COMPLIANCE WITH THE FOU. OWlNG CONDITIONS: 1. Mello Roos Community Facilities District requirements shall apply to this project. sc- 10/94 12 v/ 2. Fire flow requirement shall be zX/~ gallons per minute. Resolution No. 95~138 Page 21 v"' a. V"C. 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'fi~e flow test of the pn-site hydrants shall be conducted by ll~e builder/developer and witnestled by,he 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 deliver/of any combustible building materials 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 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 spacificatlons on approved brands and model numbers. __/ LB / / 5. Prior tO the issuance of building permits for combustible construction,evidence shall be -..-/ / submitted to the Fire District that temporary 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 --./ / final inspection. 7. An automatic fire extinguishing system(s) will be required as noted below: V"" Per Rancho Cucamonga Fire Protection District Ordinance 15. Other / / Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacudhg, spray painting, flammable liquids storage, high piled stock, etc. Contact Fire Safety Division to determine if sprinkler system is adequate Ior 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: Per Rancho Cucamonga Fire Protection District Ordinance 15. California Code Regulations Title 24. NFPA 101. Other 10. Roadways within project shah comply with the Fire Districts fire lane standards, as noted: All roadways. Other / / sc- io/;4 13 Resolution No. 95-138 Page 22 11. Fire department access shall be amended to facilitate emergency apparatus. ---J / 12. Emergency secondary access shall be provided in acco~ance with Fire District standards. v/' 13. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide at all times dudrig construction in accordance with Fire District requirements. V"' 14. All trees planted in any median shall be kept trimmed a minimdm ot 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 v/ 16. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall ---/ /.- be subm~ed prior to final building plan approval. Contact the Fire Safety Division for specific details and ordedng information. V/ 17. GatecFrast ricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire / / Safety Division for specific details and ordering 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 $ ~,~2~. "- shall be paid: v/' Prior to water plan approval. I/' Pdor to final plan approval. Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultaN reviews will be assessed upon submittal of plans. 20. Special permits may be required, depending on intended use, as noted below: ~ / v"' 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. Storage of readily combustible material. Places of assembly (except churches, schools and other non-profit organizations) C. D. E. F. G. Bowling alley and pin refinishing. Cellulose Nitrate plastic (Pyroxylin). Combustible fibers storage and handling exceeding 100 cubic feet. Garages Motor vehicle repair (H-4) Lumber yards (over 100,000 beard feet). 14 R. v/$. T. V'/U. V. W. Resolution No. 95-138 Page 23 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 corm ponent coatings (per spray booth). Magnesium (more tha 10 pounds ~per day). Oil burning equipment operations. Ovens (industrial baking and drying). Mechanical refrigeration (over 20 pounts 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 (stora~ge, handling or use). High piled coml~Jstible stock. Liquified petroleum gas (store, handle, transport or use mare than 120 gallons). Matches (more than 60 Matchman's gross). Welding and cutting operations: to conduct welding and/or cutting operations in any occupancy. sc- to/~4 15