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HomeMy WebLinkAbout00-82 - Resolutions RESOLUTION NO. 00-82 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 15349, SUBDIVIDING 9 ACRES INTO THREE PARCELS, LOCATED AT THE NORTHEAST CORNER OF MILLIKEN AVENUE AND CHURCH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 227-151-26 AND 80. WHEREAS, Tentative Parcel Map 15349, submitted by Lewis Development Company, applicants, for the purpose of subdividing into 3 parcels, the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, identified as APN: 227-151-26 and 80, located at the northeast comer of Milliken Avenue and Church Street; and WHEREAS, on August 9, 2000, the Planning Commission held a duly advertised public hearing for the above-described map. NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS FOLLOWS: SECTION 1: That the following findings have been made: 1. That the Tentative Parcel Map is consistent with the Terra Vista Community Plan and the General Plan. 2. That the improvement of the proposed subdivision is consistent with the Terra Vista Community Plan and the General Plan. 3. That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. SECTION 2: Based upon the facts and information contained in the proposed Negative Declaration, togetherwith all written and oral reports including forthe environmental assessmentfor 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 based upon the findings as follows: 1. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said 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. 2. That based upon the changed and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. PLANNING COMMISSION RESOLUTION NO. 00-82 TPM 15349— LEWIS DEVELOPMENT COMPANY/LDC PLATTE, LLC August 9, 2000 Page 2 3. 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 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. SECTION 3: Tentative Parcel Map 15349 hereby approved subject to the following Special Conditions: Ennineerina Division: 1. Install all missing public improvements including drive approaches,sidewalk, street signs, street trees, access ramps, community trail, street lights, traffic signs, striping and signage, along the project frontages on Milliken Avenue and Church Street. The said trail shall be dedicated and located in accordance with the Terra Vista Community Greenway System Master Plan (Figure IV-23) to the satisfaction of the City Engineer. a. Church Street improvements shall be completed upon development of either Parcel 2 or 3. b. Milliken Avenue shall be completed upon development of either Parcel 1 or 2. 2. Conduit and pertinent structures for a future fiber optic cable link shall be installed to the satisfaction of the City Engineer along the Milliken Avenue frontage. 3. All drive approached shall conform to Standard Drawing 101, Type C, and be perpendicular to the street. The minimum commercial drive approach is 35 feet wide. 4. Parkways shall slope at 2 percent from the top of curb to 1-foot behind the sidewalk along all street frontages. 5. Sidewalks shall cross drive approaches at the zero curb face. Provide additional public right-of-way as needed. Driveway accent paving shall be located outside the public right-of-way. 6. Due to the number of right-turn lanes on Milliken Avenue, sidewalk easements shall be provided so the provided so the sidewalk can meander. PLANNING COMMISSION RESOLUTION NO. 00-82 TPM 15349— LEWIS DEVELOPMENT COMPANY/LDC PLATTE, LLC August 9, 2000 Page 3 APPROVED AND ADOPTED THIS 9TH DAY OF AUGUST 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: Aaz--1L'r1 ;),,, — Larry T. M iel, Chairman ATTEST: /brad creta 1, Brad Buller, Secretary to 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 9th day of August 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Conditional Use Permit 99-61 and Tentative Parcel Map 15349 This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration forthe 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 Conditional Use Permit 99-61 and Tentative Parcel Map 15349 August 9, 2000 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's 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(orotherforms 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 bythe Community Development Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.:Conditional Use Permit 99-61 & Tentative Parcel Map 15349 Applicant: Lewis Operating Corporation/Lewis Retail Initial Study Prepared by: Debra Meier, AICP Date: July 18, 2000 Mitigation Measures No./ Responsible Monitoring Timing of Method . ImplementingVerificationDate/initials Non-Compliance Air Quality Selection of low-emission construction equipment. CPEO B/C Plan Check C/A 2/4 Construction contractor shall ensure equipment is tuned and maintained in accordance with the manufacturer's specifications. Utilization of electric or diesel powered equipment CP/BO C On-going A 4 where feasible. Grading Plans state equipment shut off when not in CP/BO C Plan check C 2 use. Construction contractor shall ensure equipment is tuned and maintained in accordance with the manufacturer's specifications. Key to Checklist Abbreviations Responsible Person Monitoring Frequency - Method of verification sanctions ' CDD-Community Development Director A-With Each New Development A-On-site Inspection i -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-Fire Chief or designee I I 1 6-Revoke CUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: TENTATIVE PARCEL MAP 15349 SUBJECT: PROPOSED SUBDIVISION INTO THREE PARCELS APPLICANT: LEWIS DEVELOPMENT COMPANY/LDC PLATTE, LLC LOCATION: NORTH EAST CORNER OF MILLIKEN AVENUE AND CHURCH STREET ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 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 applicant of his obligations under this condition. 2. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Terra Vista Community Plan. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal 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 buildings shall be inspected for compliance prior to occupancy. SC-2-00 t Project No. TPM 15349 Completion Date 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. 4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. D. Shopping Centers 1. The Master Plan is approved in concept only. Future development for (each building f� pad/parcel) shall be subject to separate Development/Design Review process for Planning Commission approval. Modifications to the Shopping Center Master Plan shall be subject to Planning Commission approval. 2. All future projects within the shopping center shall be designed to be compatible and consistent with the architectural program established. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: E. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. 2. Vehicular access rights shall be dedicated to the City for the following streets, except for fes_ approved openings: Milliken Avenue and Church Street. 3. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or fes_ by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 4. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 5. A maintenance agreement shall also be granted from each lot to the adjacent lot through the fes_ CC&Rs. 6. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. F. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, —f— landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. Side- Drive Street Street Comm Median Bike Other Gutter Pvmt walk Appr. Lights Trail Street Name Trees Trail Island Milliken Avenue x x (c) x x x x Church Street x x x SC-2-00 2 Project No. TPM 15349 Completion Date Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered — Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. C. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: (1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners 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. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan fes_ check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the Citys street tree program. 5. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. G. Public Maintenance Areas 1. 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. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Milliken Avenue Beautification Master Plan. --- SC—2-00 3 Prolmt No. TPM 15349 Comoletion Date H. 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 relocation 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. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. I. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of building 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: Church Street. 3. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new street lights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE FIRE PREVENTIOWNEW CONSTRUCTION UNIT, (909)477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. General Fire Protection Conditions 1. Mello Roos Community Facilities District requirements shall apply to this project. 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 Protection District to finance construction and/or maintenance of a fire station to serve the development. The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. 2. Fire flow requirement shall be: 6 250 gallons per minute, Per '97 UFC Appendix 111-A, 5, (b) (Table). a. A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. b. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by 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, f_ flushed, and operable prior to delivery 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 the Fire District. Fire District standards require a 6-inch riser with a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. Sc-2-00 4 Project No. TPM 15349 Completion Date 5. Prior to the issuance of building permits for combustible construction, evidence shall be submitted to the Fire District that an approved temporary water supply for fire protection is available, pending completion of the 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: a. Per Rancho Cucamonga Fire Protection District Ordinance 15. Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacturing, spray painting, flammable liquids storage, high piled stock, etc. Contact the Fire Safety Division to determine if the sprinkler system is adequate for proposed operations. 8. Sprinkler system monitoring shall be installed and operational immediately upon completion of sprinkler system. 9. Roadways within project shall comply with the Fire District's fire lane standards, as noted: a. All roadways per Rancho Cucamonga Fire Protection District Ordinance 32. 10. Fire department access shall be amended to facilitate emergency apparatus. 11. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall be submitted prior to final building plan approval. Contact the Fire Safety Division for specific --- details and ordering information. 12. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire Safety Division for specific details and ordering information. 13. Fire District feels), plus a $1 per "plan page" microfilm fee will be due to the Rancho Cucamonga Fire Protection District as follows: --- a. $132 for CCWD Water Plan review/underground water supply. b. $677 for New Commercial and Industrial Development(per new building)" "Note: Separate plan check fees for Tenant Improvement work, fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 14. Plans shall be submitted and approved prior to construction in accordance with 1997 UBC, UFC, UPC, UMC, and RCFD Standards 32 and 15 and 1996 NEC. K. Special Permits 1. Special permits may be required, depending on intended use, as noted below: a. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgement of the Fire Chief is likely to produce conditions hazardous to life or property. NOTE: SEPARATE PLAN CHECK FEES FOR TENANT IMPROVEMENTS, FIRE PROTECTION SYSTEMS (SPRINKLERS, HOOD SYSTEMS, ALARMS, ETC.), AND/OR ANY CONSULTANT REVIEWS WILL BE ASSESSED UPON SUBMITTAL OF PLANS. NOTE: A SEPARATE GRADING PLAN CHECK SUBMITTAL IS REQUIRED FOR ALL NEW CONSTRUCTION PROJECTS AND FOR EXISTING BUILDINGS WHERE IMPROVEMENTS BEING PROPOSED WILL GENERATE 50 CUBIC YARDS OR MORE OF COMBINED CUT AND FILL. THE GRADING PLAN SHALL BE PREPARED, STAMPED AND SIGNED BY A CALIFORNIA REGISTERED CIVIL ENGINEER. SC—2-00 5