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RESOLUTION NO. 00-44
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR
AN EXTENSION OF A PREVIOUSLY APPROVED DESIGN REVIEW OF
27 SINGLE FAMILY HOMES ON 3.35 ACRES OF LAND, LOCATED ON
THE WEST SIDE OF CARNELIAN STREET AT VIVERO STREET IN THE
MEDIUM RESIDENTIAL DISTRICT(8-14 DWELLING UNITS PER ACRE),
AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-022-54
AND 64.
A. Recitals.
1. G & D Construction has filed an application for the extension of the approval of the
Design Review for Tentative Tract Map 15783, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject time extension request is referred to as "the application."
2. On March 25, 1998, this Commission adopted its Resolution No. 98-21, thereby
approving, subject to specific conditions and time limits, the Design Review for Tentative
Tract 15783.
3. On the 10th day of May 2000, 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.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission
of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission during the above-
referenced public hearing on May 10, 2000, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The previously approved Design Review is in substantial compliance with the City's
current General Plan, specific plans, ordinances, plans, codes, and policies; and
b. The extension of the Design Review approval will not cause significant
inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies;
and
C. The extension of the Design Review approval is not likely to cause public health
and safety problems; and
d. The extension is within the time limits established by State law and local ordinance.
3. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment for
PLANNING COMMISSION RESOLUTION NO. 00-44
DR FOR TT 15783—G & D Construction
May 10, 2000
Page 2
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 or the 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.
4. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this
Commission hereby grants a time extension for:
Application Applicant Expiration
Design Review for G & D Construction March 25, 2003
Tentative Tract 15783
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby modifies the conditions of approval contained in Resolution 98-21,
incorporated herein by this reference, to read as follows:
Planning Division
1) The applicant shall agree to defend, at his sole expense, any action
brought against the City, its agents, officers, or employees, because of
the issuance of such approval, or in the alternative, to relinquish such
approval. The applicant shall reimburse the City, its agents, officers,
or employees, for any Court costs and attorney's fees which the City,
its agents, officers, or employees, may be required by a court to pay as
a result of such action. The City may, at its sole discretion, participate,
at its own expense, in the defense of any such action but such
participation shall not relieve the applicant of his obligations under this
condition.
PLANNING COMMISSION RESOLUTION NO. 00-44
DR FOR TT 15783 —G & D Construction
May 10, 2000
Page 3
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF MAY 2000.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: �'
Larry . cNiel, Chairman
ATTEST:
Bra ecret2
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 10th day of May 2000, by the following vote-to-wit:
AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS, TOLSTOY
City of Rancho Cucamonga
rl MITIGATION MONITORING
PROGRAM
Project File No.: TT 15783
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 be taken 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 ram Pro
9 9
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 by the project planner or 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 after written
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 fors 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-ter 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.
I:\FINAL\CEQA\MMP Form-rev.wpd
. : . . • . . - . . � . } • ' 111
Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification MF Date/Initials Non-Compliance
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kt ..�.�.•u��.�i-tali.�il. S3�S�+E�'..v.�"7" u�`.w,. 3a .,ru �`c.� waxz•
Prepare Final Soils Investigation Report
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Install catch basins and flood protection measures to offset
changes in capacity of existing drainage facilities.
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Install street improvements and pay associated
Transportation Development Fees.
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Two Palm Trees shall be preserved through relocation
landscape plans to
within the project boundaries.
Other trees shall be replaced with largest nursery grown removal and
stock available per Tree Removal Permit 98-06 replacement.
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