HomeMy WebLinkAbout00-67 - Resolutions RESOLUTION NO. 00-67
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR
THE TIME EXTENSION AND ADOPTION OF MITIGATION MOTORING
PROGRAM OF PREVIOUSLY APPROVED TENTATIVE TRACT MAP NO.
15540, FOR THE DEVELOPMENT OF 159 SINGLE FAMILY LOTS ON
24.56 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT
(8-14 DWELLING UNITS PER ACRE) OF THE FOOTHILL BOULEVARD
SPECIFIC PLAN AND DEVELOPMENT CODE AREAS, LOCATED BETWEEN
FOOTHILL BOULEVARD AND ARROW ROUTE, WEST OF THE
CUCAMONGA CREEK CONTROL CHANNEL - APN: 207-211-01, 18
THROUGH 21, 31, 32 AND 34.
A. Recitals.
1. Fu-Mai Limited Partnership has filed an application for the extension of the approval of
Tentative Tract Map No. 15540, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the
application."
2. On June 23, 1993, the Planning Commission adopted Resolution No. 93-46, thereby
approving Tentative Tract Map No. 15540, subject to specific conditions and time limits.
3. On August 11, 1999, the Planning Commission adopted Resolution No. 99-81, thereby
approving a one-year time extension for Tentative Tract Map No. 15540 and adopting a Mitigated
Negative Declaration.
4. On June 28, 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.
5. 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 substantial evidence presented to this Commission during the above-
referenced public hearing on June 28, 2000, including written and oral staff reports, togetherwith
public testimony, this Commission hereby specifically finds as follows:
a. The previously approved Tentative Tract Map is in substantial compliance with the
City's current General Plan, specific plans, ordinances, plans, codes, and policies; and
b. The extension of the Tentative Tract Map approval will not cause significant
inconsistencies with the current General Plan, specific plans, ordinances, plans,codes,and policies;
and
PLANNING COMMISSION RESOLUTION NO. 00-67
TT 15540 - FU-MAI LIMITED PARTNERSHIP
June 28, 2000
Page 2
C. The extension of the Tentative Tract Map 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;
and
e. The extension of the Tentative Tract Map is in compliance with the Mitigated
Negative Declaration adopted by the Planning Commission on August 11, 1999; and
f. Adoption of the Mitigation Monitoring Program and Checklist will bring the project
entitlement into conformance with the latest adopted CEQA Guidelines; and
g. Adoption of the Mitigation Monitoring Program and Checklist will not result in any
change to the previously adopted Mitigated Negative Declaration.
3. Based upon the facts and information and conclusions set forth in paragraphs 1 and 2
above, this Commission hereby grants a time extension for:
Tentative Tract Applicant Expiration
Tentative Tract 15540 Fu-Mai Limited June 23, 2001
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this
Commission hereby modifies the conditions of approval contained in Resolution No. 93-46, and
incorporated herein by this reference, to add the following conditions:
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.
Engineerinq Division
1) All conditions from Planning Commission Resolution No. 93-46,
approving Tentative Tract 15540 shall apply.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2000.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION RESOLUTION NO. 00-67
TT 15540 - FU-MAI LIMITED PARTNERSHIP
June 28, 2000
Page 3
r II
BY: /
L rry T. el, Chairman
ATTEST: la�
Dan oleman, Acting Secretary
I, Dan Coleman,Acting 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 28th day of June, 2000, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
City of Rancho Cucamonga
MITIGATION MONITORING
PROGRAM
Project File No.: Tentative Tract 15540
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
PlanningDivision
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 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 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 Citys MMP and shall be approved by the Community Development Director prior
to the issuance of building permits.
1AFINAMEQA\MMP Forth-evmpd
MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III)
Project File No.: Tentative Tract 15540 Applicant: Fu-Mai Limited Partnership
Initial Study Prepared by: Rudy Zeledon Date: June 6, 2000
ResponsibleMitigation measures No. g of Method .
implementing . Monitoring . Date/Initials Non-Compliance
_ x
1016 IC.,I'Resources, x.
• Trees No. 1-16, 22-23, 35, 37, 39, 41,
43-45, 47-57, 59, 61-63, 66-69, 72, 74, CP D As Necessary A 3
75, 78-84, 89, 91, 93-95, 97, 99, 102-
139, 141-147, 149,150, 152-155,157,
158, 160, 161, 163-167, 170, 172-187,
191-193, 195-201, and 203-220 may
be removed as required to improve the
property per the final site, grading, and
landscaping plans and the final map.
Replacement of all trees are required,
except for trees No. 22-33, 35, 37, 39,
41, and 43-45.
• Trees No. 17-21, 34,36, 38, 40, 42, 46,
58, 60, 151, 162, 188-190, 194, 202, CP D As Necessary A 3
and 221 shall be preserved in-place per
the consulting arborist report.
• Trees No. 64, 65, 70, 71, 73, 76, 77,
85-88, 90, 92, 96, 98, 100, 101, CP D As Necessary A 3
140,148, 156, 159, 168, 169, 171, and
222 shall be preserved in-place or
relocated per recommendations of the
consulting arborist report
Cultural Reso�ii`ces
• The installation of the historical plaques
will serve to mitigate the loss of the CP D As Necessary D 3
remaining elements of the prisoners of
War Camp.
Key to Checklist Abbreviations
Responsible Pemon " Monitoring FrOuencX - Method of Verification sanctions ,
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-Fire Chief or designee 6-Revoke CUP
I:\PLANNING\FINAL\CEQA\MMCHKLST.WPD