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HomeMy WebLinkAbout00-131 - Resolutions RESOLUTION NO. 00-131 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA APPROVING DEVELOPMENT REVIEW NO. 00-53, A REVIEW OF DETAILED SITE PLANS AND ELEVATIONS FOR SINGLE FAMILY RESIDENCES ON 11 IN-FILL LOTS IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) WITHIN THE NORTHTOWN AREA ALONG CENTER AVENUE, 24TH STREET, AND 25TH STREET, EAST OF HERMOSA AVENUE - AND MAKING FINDINGS IN SUPPORT THEREOF-APN:209-101-18,209-101-24, 209-103-06, 209-104-06, 209-104-34, 209-104-35, 209-112-17, AND 209-121-22. A. Recitals. 1. Northtown Development Corporation has filed an application for the approval of Development Review No. 00-53, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On November 21, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on November 21, 2000, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to 11 properties with an average street frontage of 50 feet and lot depth of 150 feet, which are presently vacant. All lots front-on improved public street; and b. The property to the north, south, east and west are vacant, developed with single- family residences, or developed with an improved flood control channel. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above,this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 00-131 DR 00-53 — NORTHTOWN HOUSING DEV. CORP. November 21, 2000 Page 2 d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,togetherwith all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project,which are listed below as conditions of approval. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) Provide property line and return fencing or walls. 2) Chimney materials may be stucco or siding. 3) Construct walkway from back door to driveway. 4) Wood trim surrounds shall be provided on all windows. 5) Composition shingle roof material is approved as consistent with the architectural style and context. PLANNING COMMISSION RESOLUTION NO. 00-131 DR 00-53 — NORTHTOWN HOUSING DEV. CORP. November 21, 2000 Page 3 Engineering Division 1) The rear drainage flow for Lots 4 and 5 shall be contained on-site or written permission to drain off-site from adjacent property owner shall be obtained. 2) The Alley Easement for 10364 25th Street along Lot 22 cannot be vacated or acquired as a portion of the property unless the property owners for the entire alley between Center Avenue and Marine Avenue are in agreement and file for a vacation with the City. 3) Protect existing curb, gutter, sidewalk, drive approach and/or repair to City Standards as required by the City Engineer. 4) The street tree species will be determined by the City Engineer and shall be installed prior to occupancy of each individual building. 5) The additional street easement shall be processed for vacation to meet the standard"Local"requirements of 60 feet right-of-way or 30 feet half width. Environmental Mitigation 1) Tree Removal Permit 00-42 is approved. The removal of 9 heritage trees shall be replaced, on a one-for-one basis, pursuant to the City's Tree Preservation Ordinance No. 276. Each lot shall be reviewed by the City Planner to determine appropriate replacement. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 21ST DAY OF NOVEMBER 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Cr 4Larryiel, Chairman ATTEST: Brad Bu creta 1, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 21 st day of November 2000, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 00-131 DR 00-53— NORTHTOWN HOUSING DEV. CORP. November 21, 2000 Page 4 AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE City of Rancho Cucamonga in MITIGATION MONITORING PROGRAM Project File No.: Development Review 00-53 This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management-The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation)that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will betaken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed bythe project planneror responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwritten notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring.The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds(or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART 111) Project File No.: _Development Review 00-53 Applicant: Northtown Housing Development Corporation Initial Study Prepared by: Rudy Zeledon Date: October 31. 2000 implementingMitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for • Date/initials Non-Compliance 616,109hW418sourc:es • The removal of 9 heritage trees located on CP D As NecessaryY A 3 lots B3, E3, F3, G3, H3, 13 and K3 shall be replaced on a one-for-one basis pursuant to the City's Tree Preservation Ordinance No. 276. Key to Checklist Abbreviations :R0 Persax Mbnliodng� gce'`ctr °�a®tinosi gfY® Cbt1t{e. „ itt CDD-Community Development Director A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds FC-Fre Chief or designee 6-Revoke CUP