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Home My WebLink About2006/11/08 - Agenda Packet• THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA C~AAMONGA NOVEMBER 8, 2006 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman Stewart_ Vice Chairman Fletcher • Maaas _ McPhail _ Munoz II. ANNOUNCEMENTS III. APPROVAL OF MINUTES Amended Regular Meeting Minutes of October 11, 2006 Regular Meeting Minutes of October 25, 2006 IV. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial They wdl be acted on by the Commission atone time without discussion If anyone has concern over any item, it should be removed for d~scuss~on A VACATION OF PECAN AVENUE EXCESS RIGHT-OF-WAY (V-209) - TOLL BROTHERS -A request to vacate a 66-foot wide excess portion of Pecan Avenue located north of Vista Street and South of Tract 16279 • 1 of d PLANNING COMMISSION AGENDA NOVEMBER 8, 2006 RANCHO L'UCAMONGA V. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related pro/ect Please wait to be recognized by the Chairman and address the Commission by stating your name and address All such opinions shall be limited to 5 minutes per mdroidual for each pro/ect Please sign in after speaking B MODIFICATION OF CONDITIONAL USE PERMIT DRC2005-00068 -RED HILL COUNTRY CLUB, INC - A request to modify the conditions of approval for utility undergrounding for a new clubhouse totaling 35,176 square feet on 120 acres of land in the Open Space District, located at 8358 Red Hill Country Club Drive -APN 0207-101-03, 23, and 35 Related Files Variance DRC2005-00527, Lot Line Adjustment LlA #601and Tree Removal Permit DRC2005-00486 C ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18033 - WEINBERGER - A request to subdivide 9 9 acres of land into 13 lots in the Very Low Residential District (1-2 dwelling units per acre), located south of Banyan Street and east of East Avenue -APN 0225-191-09 and 17 Related file Tree Removal Permit DRC2006-00309 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration CONTINUED FROM THE OCTOBER 25, 2006 MEETING VI. PUBLIC COMMENTS This is the time and place for the general public to address the commission Items to be discussed here are those that do not already appear on this agenda VII. COMMISSION BUSINESS/COMMENTS VIII. ADJOURNMENT The Planning Commission has adopted Admin~strahve Regulations that set an 11 00 p m ad/ournment time If items go beyond that 6me, they shall be heard only with the consent of the Commission • • 2of4 u • _ PLANNING COMMISSION AGENDA NOVEMBER 8, 2006 RANCHO COCA.MONGA 1, Lois J Schrader, Planning COmmISSIOn Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 2, 2006, at least 72 hours poor to the meeting per Government Code Section 54964 2 at 10500 Ciwc Center Dnve, Rancho Cucamonga p ~ ~-.~tl~.~ If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750 Notifcation of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ® ensure accessibility Listening devices are available for the hearing unpaved INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view To allow all persons to speak, gwen the length of the agenda, please keep your remarks brief If others have already expressed your position, you may simply indicate that you agree with a previous speaker If appropriate, a spokesperson may present the views of your entire group To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience The public may address the Planning Commission on any agenda item To address the Planning Commission, please come forward to the podium located at the center of the staff table State your name for the record and speak into the microphone After speaking, please sign in on the clipboard located next to the speaker's podium It is important to list your name, address and the agenda item letter your comments refer to Comments are generally limited to 5 minutes per individual If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments " There is opportunity to speak under this section prior to the end of the agenda Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners All requests for items to be placed on a Planning Commission agenda must be in writing The deadline for submitting these items is 6 00 p m Tuesday, one week prior to the meeting The Planning Commission Secretary receives all such items 3 of 4 _ PLANNING COMMISSION AGENDA NOVEMBER 8, 2006 RANCHO CUCAMONGA AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Croic Center Drive, Rancho Cucamonga, California 91730 These documents are available for public inspections during regular business hours, Monday through Thursday, 7 00 a m to 6 00 p m ,except for legal City holidays APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Councl within 10 calendar days Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $1,747 for maps and $1,842 for all other decisions of the Commission (Fees are established and governed by the City Council) Please turn off all cellular phones and pagers while the meeting is m session. Copies of the Planning Commission agendas and minutes can be found at http //www arancho-Cucamonga ca us • • 4 of 4 • VICINITY MAP Planning Commission November 8, 2006 J ~ - t SPHERE O F I N F L U E N C E W U O 1 LINE . 1~ B I CHURCH ti t _ FOOTHILL '` ARROW W I 8TH 12 ~ ~~ Q - i ~~~ ~ -L ~_ ~ ~, ~ u+r 4TH n /~ ~ Meeting Location N City Hall • 10500 Clvlc Center Drive u THE CITY OF RANCHO CUCAMONGA ' HISTORIC PRESERVATION COMMISSION AGENDA jZANCHo C~UCAMONGA NOVEMBER 8, 2006 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California MEETING CANCELED NO ITEMS SUBMITTED 1, Lois J Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 2, 2006, at least 72 hours poor to the meeting per Government Code Section 54964 2 at 10500 Civic Center Dnve, Rancho Cucamonga /---~__ ~ p~'c`~~t'.'. >'"''n T H E C[ T Y O F ~_ . a ,~,. R A N C h O C U C A M O N G A StaffReport DATE: November 8, 2006 TO: Chairman and Members of the Planning Commission FROM: Dan James, Senior Civil Engineer BY: Joseph Stofa Jr ,Associate Engineer SUBJECT: VACATION OF PECAN AVENUE EXCESS RIGHT-OF-WAY fV-2091 -TOLL BROTHERS - A REQUEST TO VACATE A 66 FOOT WIDE EXCESS PORTION OF PECAN AVENUE LOCATED NORTH OF VISTA STREET AND SOUTH OF TRACT 16279 BACKGROUND/ANALYSIS: • On June 12, 2002, Tract 16279 located on the north and south of Highland Avenue between Etiwanda and East Avenue was approved by the Planning Commission The Developer, Toll Brothers Land Development, is currently completing the final items of Tract 16279 One of the remaining items is to vacate Pecan Avenue and revert it back to the two adjacent properties with their concurrence The two property owners have agreed to receive the property in question The Public Utilities Companies have been notified of the proposed vacation and had no objections to the vacation If the excess right-of-way is vacated, half the width (33 feet) will revert to the two adtoining lots The proposed vacation is consistent with the goals and objectives of the circulation element of the general plan RECOMMENDATION: Staff recommends that the Planning Commission make the finding through minute action that the proposed vacation conforms to the City's General Plan This finding wdl be forwarded to the City Council for further processing and final approval • ITEM A Respectfully submitted, • ~~ Dan James Senior Civil Engineer Attachments Exhibit "A" Vicinity Map • • A-2 TRACT N O. 16279 -1 TOLL BROTHERS 79 LOT SUBDIVISION i-zio PEC~4 N V~-c!}T! o1V ~,*~``'~~~~~~°',^, CITY OF RANCI 10 CUCA~•IONGA AA cicle; ~ 1 :n ~ w cp ~ v ,y~A.~, A-3 ~~~ A ENGINEERING DIVISION ~ VICINITY R4AP tvn p ~ ge T H E C I T Y O F R A N G h O C U C A M O N G A Staff Report DATE November 8, 2006 TO Chairman and Members of the Planning Commission FROM Dan James, Senior Civil Engineer SUBJECT MODIFICATION OF CONDITIONAL USE PERMIT DRC2005-00068 -RED HILL COUNTRY CLUB, INC - A request to modify the conditions of approval for utility undergrounding for a new clubhouse totaling 35,1765 square feet on 120 acres of land in the Open Space District, located at 8358 Red Hill Country Club Dnve - APN 0207-101-03, 23, and 35 Related Files Variance DRC2005-00527, Lot Line Adfustment LLA #601, and Tree Removal Permit DRC2005-00486 • BACKGROUND The Planning Commission approved Conditional Use Permit DRC2005-00068 through adoption of its Resolution No 05-85 (Exhibit E) on September 14, 2005 Engineering Department Condition No 1f regwres the existing utilities to be undergrounded on the protect side of Red Hill Country Club Drive (easUwest) At the public hearing, the applicant requested relief from the undergrounding, however, the Commission adopted the conditions without change thus regwring the undergrounding On June 10, 1987, the Planning Commission adopted its Resolution No 87-96 (Exhibit A) establishing a revised policy for undergrounding of the existing overhead utilities This policy was intended "to remove unsightly existing overhead utility lines in order to promote a more aesthetic and desirable working and living environment within the City " The Resolution states that the policy applies to all developments except those speafically exempted "and any others specifically waived by the Planning Commission " Overhead utilities include telecommunication (phone and cable) and electrical but excludes 66KV or larger electrical lines The Commission's utility undergrounding policy includes seven exemptions, however, the protect did not qualify for any of these exemptions Therefore, it is necessary to explore the original intent of the policy and the assumptions made Staff has reviewed all the original staff reports regarding the drafting of the policy On October 10, 1985, the Planning Commission held a workshop to formulate a policy and established the following general policy direction All types of streets should have utilities placed underground as a condition of land development, and u ITEM B PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2005-00068 -RED HILL COUNTRY CLUB, INC November 8, 2006 Page 2 • 2. Actual undergroundmg may be deferred and in-lieu fees paid m those circumstances where the Planning Commission felt it was impractical to underground at the present time, and 3 The obligation to underground should be shared equally by properties on both sides of a street in proportion to their frontage length. After 6 months of implementing the new policy, staff recommended adoption of additional clarifications that were incorporated into Resolution No 86-77 that was adopted by the Planning Commission on May 28, 1986 At that time, there were no exemptions It is significant to note that the staff report states the assumption that "corner parcels are generally considered to be more valuable than interior parcels, therefore, they can support the additional cost of fees to the center of the street " Staff further noted that since corner parcels are more visible to the public, it is more important to underground A year later exemptions were added by the adoption of Planning Commission's Resolution No 87-96, the policy that is still in force today The policy regwres overhead utilities on the protect side of the street to be undergrounded Where lines are on the opposite side of street, the policy regwres payment of in-lieu fees equal to one-half the cost of undergroundmg One of the exemptions allows waiving utility undergroundmg where there is "less than 300 feet and not undergrounded on the adtacent properties " ANALYSIS There are two adopted Engineering Department conditions dealing with utility • undergroundmg Condition No 1f regwres undergroundmg on the protect side of Red Hill Country Club Drive (easUwest) from the first pole off-site east of the clubhouse entrance to the first pole off-site east of Alta Cuesta Drive (total length is about 315 feet). The Engineering Department provided the following undergroundmg cost estimates electrical is $250 per linear foot, telephone is $50 per linear foot The estimated cost of undergroundmg along Red Hill Country Club Dnve (easUwest) is $105,000 (this includes money for vaults Edison regwres) Condition No 2f regwres in-lieu fees as contribution to future undergroundmg on the opposite side of Red Hill Country Club Dnve (south of Red Hill Country Club Drive) (scaled distance from the Site Plan is 290 feet) The calculated one-half m lieu fee of undergroundmg along Red Hill Country Club Dnve (south of Red Hill Country Club Drive) is $12,325 Red Hill Country Club Golf Course has paid this amount and is not requesting relief from Engineering Condition 2f The Planning Commission has the authority to waive the utility undergroundmg pursuant to the recitals contained in their Resolution No 87-96. This explicitly recognizes that there may be unique circumstances, not anticipated by the policy, wherein undergroundmg should be waived Staff believes that Red Hill Country Club Golf Course is a unique situation because the area surrounding the golf course was already developed as residential prior to the Commission's adoption of a utility undergroundmg policy The Red Hill Country Club Golf Course was approved to demolish the existing clubhouse and construct a new 35,176 square feet clubhouse, parking, and related amenities Red Hill Country Club Golf Course feels that this is a unique circumstance because all of the properties surrounding them are developed Staff concurs, and notes that, this is significant for • two reasons Firstly, all other properties m the neighborhood are residential Secondly, because all of the surrounding properties are developed and would not pay in-lieu fees, there B-2 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2005-00068 -RED HILL COUNTRY CLUB, INC November 8, 2006 • Page 3 wdl never be the opportunity for reimbursement to Red Hill Country Club Golf Course for the undergrounding along Red Hill Country Drive (eastwest) Normally, reimbursement occurs when fees are collected from another parcel that is developed after undergrounding Lastly, the Red Hill Country Club Golf Course feels that it would be impractical to underground the two existing utility poles along the south side of Red Hill Country Club Drive (easUwest) Edison has confirmed that their utility easements for the properties north of this drive do not provide for underground utility placement, only one of these two poles would be able to be removed with such an underground endeavor If the Planning Commission approves the deletion of Engineering Condition if and not regwre the undergrounding of the utilities along Red Hill Country Club Drive (easUwest) the power poles will be relocated along with the street widening leading into the Golf Course Also, the utilities to service the Golf Course will all be undergrounded On June 28, 2006 the Planning Commission heard a similar request from St Peter and St Paul Church The church, an existing development within an existing residential neighborhood, received approval for an expansion and was conditioned to underground utilities and pay an in-lieu fee The Commission approved the request of the church to delete the conditions relating to utility undergrounding • ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negatroe Declaration on September 14, 2005, in connection with the City's approval of Conditional Use Permit DRC2005-00068 Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same protect unless (i) substantial changes are proposed to the protect that indicate new or more severe impacts on the environment, (u) substantial changes have occurred in the circumstances under which the protect was previously reviewed that indicates new or more severe environmental impacts, or (uQ new important information shows the protect will have new or more severe impacts than previously considered, or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts Staff has evaluated the proposed deletion of the utility undergrounding condition, and concludes that substantial changes to the protect or the cvcumstances surrounding the protect have not occurred that would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration Staff further finds that the protect will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the protect to a level of less-than-significant None of the previously adopted mitigation measures were concerning above-ground utilities Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is requred in connection with the City's consideration of the proposed deletion of the utility undergrounding condition • RECOMMENDATION Staff recommends that the Planning Commission give due consideration and should the Commission determine the applicant's request to warrant approval, then the B-3 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2005-00068- RED HILL COUNTRY CLUB, INC November 8, 2006 Page 4 • Commission may exercise their authority under their Resolution No 87-96 to waive utility undergrounding through adoption of the attached Resolution deleting certain condition Respectfully submitted, ~~~y Dan James Senwr Civil Engineer DJ/ge Attachments Exhibit A -Planning Commission Resolution No 87-96 Exhibit B -Letter from Charles Joseph Associates dated October 10, 2006 Exhibit C -Overhead Utility Map Exhibit D -Photographs Exhibit E -Planning Commission Resolution No 05-85 (Excerpt) Exhibit F -Planning Commission Minutes dated September 14, 2005 Draft Resolution of Approval DRC2005-00068 • • B-4 RESOLUTION N 0. 87.96 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A REVISED POLICY FOR THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES AND REPEALING RESOLUTION N0. 86-77 WHEREAS, the Planning Commission of the City of Rancho Cucamonga wishes to repeal Resolution No. 86-77 which was adopted on the 28th day of May, 1986 and establish the revised policy contained herein; WHEREAS, the Planning Commission of the City of Rancho Cucamonga wishes to remove unsightly existing overhead utility lines in order to promote a more aesthetic and desirable working and living environment within the City; and WHEREAS, it is necessary to establish a policy to inform property owners and developers of the City goal., NOW, THEREFORE, be it resolved and established that all developments, except those contained in Section 7 and any_ others specifically waived by the Planning Commission, shall be responsible for undergrounding all existing overhead utility lines including the removal of the related supporting poles • adjacent to and within the limits of a development as follows: 1. Lines on the project side of the street*: a. Said lines shall be undergrounded at the developer's expense. b. In those circumstances where the Planning Commission decides that undergrounding is impractical at present for such reasons as a short length of undergrounding (less than 300 feet and not undergrounded adjacent), a heavy concentration of services to other users, disruption to existing improvements, etc., the Developer shall pay an in-lieu fee for the full amount per Section 6. c. The Developer shall be eligible for reimbursement of one-half the cost of undergrounding from future developments as they occur on the opposite side of the street. 2. Lines on the opposite side of the street from the project: The Developer shall pay a fee tote City for one-ha f the amount per Section 6. 3. Lines on both sides of the street: The Developer shall comply with ection 1 above an be a igi a for reimbursement or pay additional fees so that he bears a total expense equivalent to one-half the total cost of undergrounding the lines on both sides of the street. 4. Pole lines containing 66KV or larger electrical lines: All lines shall be • undergrounded or in-lieu fees paid in accordance with section 1, 2 or 3, above, except for 66 KV or larger electrical lines EXHIBIT A B-5 5. limits of Responsibilities: a. In-lieu fees shall be based upon the length of the property being developed from property line to property line (the center of adjacent streets for corner properties). b. Undergrounding shall include the entire project frontage and extend to: (1) the first existing pole off-site from the pro,7ect boundaries (across the street for corner properties ), (2) a new pole erected at a project boundary (across the street for corner properties), or (3) an existing pole within 5 feet of a pro,7ect boundary, except at a corner. 6. Fee Amount: The amount for in-lieu fees shall equal the length (per Section .a times the unit amount as established by the City Council based upon information supplied by the utility companies and as updated periodically as`deemed necessary. 7. Exem tions: The following types of projects shall be exempt from this po icy: a. The addition of functional equipment to existing developments, such as: loading docks, silos, satellite dishes, antennas, water tanks, air conditioners, cooling towers, enclosure of an outdoor storage area, parking and loading areas, block walls and fences, etc. b. Building additions or new free standing buildings of less than 25% of the floor area of the existing building(s) on the same assessor's parcel, or 5,000 square feet, whichever is less. c. Exterior upgrading or repair of existing developments, such as: reroofing, addition of trellis, awnings, landscaping, equipment screening, repainting and exterior finishes, etc. d. interior tennant improvements and non-construction CUP s. e. The construction of a single family residence on an existing parcel. f. Existing overhead utility lines located in trails, alleys, and utility easements with a heavy concentration of services to adjacent developments, and the utility lines are 500' or more from the right of way line of a Special Boulevard. g. Residential subdivisions of four or fewer single family residential parcels, where the utility lines extend at least 600' off site from both the project boundaries and the adjacent property is not likely to contribute to future undergrounding. * All references to streets shall also mean alleys, railroad or channel rights-of-way, etc. • • B-6 PLANNING i BY: L-al- y ATTEST: APPROVED AND ADOPTED THIS 10th DAY OF JUNE 1987. COMMISSION Of THE CITY OF RANCHO CUCAMONG4 I, Brad Buller, Deputy 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 10 day of June, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: EMERICK, CHITIEA, MCNIEL NOES: COMMISSIONERS: TOLSTOY • ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: BLAKESLEY u B-7 Charles Joseph Associates PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES October 10, 2006 44_ ~ / ~ • 5~ ~~ ~S ~ ~ ~ ~' ~ ~,~r Dan James, Sernor Civil Engineer ";~l ~ fj av-,~ City of Rancho Cucamonga P 0 Box 807 CI7T o~ rtAtJL:~O ~~.:°"-~,tvho",__`, Rancho Cucamonga, CA 91729-0807 =r{,,?:d~_~ht•; R''*~-10"~ Re. Under-Grounding of Existing Overhead Utilities Condition Deletion Request Planning Commission Resolution No 05-85 DRC2005-00068 -Red HIII Country Club Dear Dan This is as a follow-up to meetings with our client, Red HIII Country Club, Clty Engineering and Clty Planning concerning the referenced matter After meetings with the RCCC Utility Consultant and Edison representatives, our findings have found it necessary to request deletion of the Condition to under-ground the existing utilities that are located on Red Hill Country Club This request is based on our collective determination by all the foregoing that it • would be impractical to under-ground the two existing utility poles (195749E and 19706E) along~ie-south-side-of~ied-Hell-Country-Club-Duos. As_Edison_has recently informed us that their utility easements for the properties north of this drive do not provide for underground utility placement, only one of these two poles would be able to be removed with such an underground protect endeavor Our cllent has confirmed with our office that they will plan to relocate these existing poles into the appropriate location within their City-approved Street Improvements and well ensure that the utilities to the new clubhouse are taken underground from the last utility pole into the property and new building We are requesting that this matter be scheduled for the first available Planning Commission meeting as our construction improvements are currently underway for this fatality Thank you for your professional courtesy and assistance with this matter of considerable importance to our cllent Sincerely, C ~T - Charles J Buquet Charles Joseph Associates Office 909.481.1822 800.240.1822 Far. 909.481.1824 • Crry Ceater • 10681 Footlull Blvd ,Suite 395 • Rancho Cucamonga, CA • 91730 A CALIFORNIA CORPORATION EXHIBIT B B-$ • Cc Mark Campbell, General Manager, Red Hdl Country Club Joe O'Neil, City Engineer Dan Coleman, Principal Planner Emily Cameron, Senior Planner • • B-9 ~J ,' . 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B~~~ EXHIBIT D -- Looking West `fiS"i~:•.'i ':,.5/ ',"y's~ q",~p°.t ,yrnr'+/,y ~. ~~., I'uV ~#i;y t• j~1,.x, „tAt-'~ a n' ~~":A' tE+" 'd:~,y ,. +,y $~pw r; y, C'' •:~i,Y'~ Fy¢ ny ^t53,..~x;~ u~iF ~. q ,yyu7,,v ~ t~,k+' 3~~qA ty],~,*~ ,.~F ~,`. IY~y~v~F~~r~oy a•~ °" ,,y..`L °',S ;a. .- .f ~,4~ A'•,~`~: iy., ~` i"?.~ ' :'ffn ~^ 1; y;~. 'n`~i 1 hr' ~'ky, ~w+~ k-'H ir'"~~ +-~r~~f~ '~', {~,~, "1•~~+ "'~6, ~; :a,~r., .. .i y'~rj ~f ^i.. ,~. ,"l ,ia,~t; Irv ,f`p~ 'iFh r''_~ i~y~y ~ 4i"P~'S+" 3pF`'~1*'~ i, rtimi~•~ q ~: ,fl9S~ r5 ~ vJ• .. 3 .1~ ~ ~ '! ~'F~.M1 '~fv1"'~' ~-J"yF~`h~ ~d~ 3.°.~~' {q~ ~~ ~+ ~w. 4 3~_ :.Pr ° {a ii-`..7~' d. ' x'°k: `~ b~Ti P ` C D ~ ~y,~,, i2". _ ..{, ~ `'} y ~~~;~~ n ~ .Fa, ~ f^ ~ ~ .. m 'a`"~%C, °'r~,`'Ta':.~ { ^;f i ap ~ ~ ,i ~ `t' i''Pr '.,a x. ~ .~«' v,', . ~ r;, „~ ,~.ATemporary i`" - ~ ~ s1F ~, _.~, I`~M11 ~: F. `w ~t; t. power~~polefoa=~~~;„-~ry~s~'~~ _,`,~F " ;: ;.~.:~~_;~~,_„;,r^,. 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E,. <<<~~ , L B-~4 PLANNING COMMISSION RESOLUTION NO 05-85 DRC2005-00068 -RED HILL COUNTRY CLUB INC • September 14, 2005 Page 4 11) The business owner shall at ail times fully comply with all applicable regulations of the Department of Alcoholic Beverage Control 12) The temporary hours of operation shall be limited to 7 00 a m to dusk for all temporary facilities 13) Once the new bwlding is constructed, the original hours of operation will resume, Wednesday and Friday 7 00 a m to 12 00 a.m ;Sunday, Tuesday, Thursday, and Saturday 7 00 a m to 9 00 p m., with the golf course opening at 6 30 a m Saturday and Sunday Should any expansion of the hours of operation occur, the protect shall be brought back for review and approval of the Conditional Use Permit Engineenng Department 1) Red Hill Country Club Drive (east west) frontage improvements should be in accordance with City "Local Street" standards as allowed and including a) Provide curb and gutter, sidewalk, 5800 Lumens HPSV street lights, street trees, two (2) R26 "No Parking" signs, access ramp, • and dnveway, as required b) Protect and/or provide additional traffic signing and signage as regwred c) Provide a turn around at the westerly terminus of Red Hill Country Club Dnve d) The gated entrance shall be in accordance with the City Gated Entrance Design Gwde e) Additional street dedication maybe regwred dunng technical plan check of the street improvement plans -~ f) The existing overhead utilities (telecommunications and electncal), on the protect side of Red Hill Country Club Drive, shall be undergrounded from the first pole off-site east of the clubhouse entrance to the first pole off-site east of Alta Cuesta Drive, prior to public improvement acceptance or occupancy, whichever occurs first All services crossing Red Hill Country Club Drive shall be undergrounded at the same time The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development as it occurs on the opposite side of the street If the developer fails to submit said reimbursement within 6 months of the public improvements being accepted by the City, all rights of • the developer to reimbursement shall terminate 2) Red Hill Country Club Drive (south of RHCCD) frontage improvements to be in accordance with City "Local Street" standards as required and mcludmq EXHIBIT E B-,5 PLANNING COMMISSION RESOLUTION NO OS-85 DRC2005-00068 -RED HILL COUNTRY CLUB INC September 14, 2005 Page 5 a) Provide curb and gutter, sidewalk, 5800 Lumens HPSV streetlights, street trees, and R26 "No Parking" signs, as regwred b) Protect and/or provide additional traffic signing and signage, as regwred c) The new driveway between Calle Carabe Place and Red Hiil Country Club Drive (east/west), to be signed "Emergency Entrance Only" The drive approach shall be a minimum width of 35 feet, per City Standard 101 Type C d) Provide "Advance Dnveway" warning signs for the proposed "Temporary Parking Lot/Access" to Red Hdl Country Club Dnve, in advance of the driveway because of the curves and the limited wsibility e) Additional street dedication may be regwred dunng technical plan check of the street improvement plans • f) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical, except for the 66tCV electrical) on the opposite side of Red Hdl • Country Club Drive shall be paid to the City pnor to issuance of Building Permits The fee shall be one-half the City adopted amount times the length of the existing overhead uttlities opposite the Red Hill Country Club Golf Course 3) Process a Certificate of Compliance for a Lot Line Adjustment, pnor to the issuance of Building Permit 4) Process a vacation of Red Hill Country Club Dnve that encroaches onto the parking lot, pnor the issuance of Building Permit 5) The Water Quality Management Plan (WQMP) submitted with the project application has been reviewed and found to be substantially complete Include the Best Management Practices (BMPs) identified in the plan on Grading Plans when submitted for technical plan check Environmental Mitioation Arr Quality 1) All construction equpment shall be maintained in good operating condition so as to reduce operational emissions The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City verification 2) Prior to the issuance of any Grading Permits, the developer shall • submit construction plans to City denoting the proposed schedule and projected egwpment use The construction contractors shall provide B-16 ! R ! R ! • F ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2005-00066 - RED HILL COUNTRY CLUB, INC - A request to replace an existing clubhouse (provide an intenm clubhouse facility with temporary structures) with a new clubhouse totaling 35,176 square feet on 120 acres of land in the Low Residential Distnct located at 8358 Red Hill Country Club Drive -APN 0207-101-03, 23, and 35 Related Files Variance DRC2005-00527, Lot Lme Adtustment LLA #601 and Tree Removal Permit DRC2005- 00486 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration G VARIANCE - DRC2005-00527- RED HILL COUNTRY CLUB -A request to construct a building above the 30-foot height limit in the Hillside Overlay District and to construct a retammg wall in excess of the 3-foot height limit on site for the proposed onsite improvements related to the new country club faality APN 0207-101-03,23, and 35 Related Files Conditional Use Permit DRC2005-00068, Lot Line Adjustment LLA #601 and Tree Removal Permit DRC2005-00486 Emily Cameron, Associate Planner, presented the staff report She noted that a letter had been received from Laura Calderone, 8370 Red Hill Country Club Drive She indicated the resident had some concerns regarding traffic, parking, drainage, signage, retammg walls and maintenance of an oleander fence Commissioner McNeil asked the question of the timeline to get this project done Ms Cameron answered within 12 months Commissioner Fletcher asked if the exhibit shows the wall Variance and if there was a problem • with terracing that wall Ms Cameron answered that it is a problem because terracing requires more room and to allow for terracing would further diminish the number of parking spaces Commissioner Pam Stewart then opened the Public Hearing Ron Sakahara, 16042 Von Karman, #300, Irvine,thanked the staff in the planning department He stated that they are proud of the design Mr Sakahara said that because of the slope ofthe site, the public would only see the 1 story portion of the bwlding, similar to what is already there now Mr Sakahara also addressed the speeding problem noted m Ms Calderone's letter He stated that there will be a split island at the front gate that is open daily and closed at night He said it will slow down traffic and the club ownership is willing to send out notices requesting the public' s cooperation to slow down in this area He also mentioned that parking is a concernand that they are working with engineering on this He noted that they could paint the south side curb red if needed He said although the drain on the north side is on prvate property, the entire protect is re-graded so that the entire faality drains to the south and that this should take care of her concerns about drainage He noted regarding the "Dead end street," that many people have to turn around and go the other way because they do not know it is a dead end street He suggested a "Not a Through Street" sign and that should help with the problem He added that the club ownership would maintain the oleander hedge in order to make everyone happy He noted that there is no stone wall included m this plan and that there is new landscaping that will be included with Phase 2 of the protect He mentioned that he believes the gate program noted in the Engineering conditions found on Page F-G, 71 does not apply to them because their situation is unique He added that he does not believe they should • ~i have to put in the undergrounded utilities when they are improvements that would occur on private property Planning Commission Minutes B-17 September 14 2005 EXHIBIT F Laura Calderone, 8370 Red Hill Country Club Drive, stated that many of her questions have been answered by Mr Sakahara, however cars park up to the gate entrance preventing her and her neighbor from getting out of their driveways and the mailman cannot gettoher mailbox • Chavman Stewart closed the public hearing -~-~ Dan James, Senior Cron Engineer, noted that the underground utility policy is by Resolution of the Planning Commission He clarified that th is project is not included in the provisions noted in Section 7 He commented that the poles are on the Country Club frontage even though the poles do not serve the club per se He added that Engineering Condition 1-D only indicates the gate should be in accordance with the program and therefore does not need to be removed He noted that Condition 1-A says a "No Parking" sign should be posted He commented that he could ask staff to evaluate the possibility of adding a "No A Through Street" sign. Commissioner McNeel asked why only the south side of the street is restricted from parking and not the north side Mr James indicated he is not opposed to the idea, but with the walls it would be more difficult to maneuver Commissioner McPhail thanked the staff and the architect for their beautiful work She noted that she is in favor of the developer installing the underground utilities as presented by staff Commissioner McNeel concurred He asked how many streetlights would be required Mr James indicated there would be two at the entrance and there would be additional improvements (curb and gutter) along Red Hill Country Club Drive Chairman Stewart said she shares the concern of remaining overhead poles and noted thatthe • _~.-photographs indicate the existing overhead poles are leaning significantly and the undergrounding needs to be done She applauded the applicant, residents and staff for working out their concerns Ms Calderone reiterated her concern regarding her ability to access her driveway Commissioner McNeel stated that they can "Red Flag" this and work it out at the staff level Motion Moved by McNeil, seconded by McPhail, (Macias absent) to adopt Conditional Use Permit DRC2005-00068 and Variance DRC2005-00527 Motion carried by the following vote AYES FLETCHER, McNIEL, McPHAIL, STEWART NOES NONE ABSENT MACIAS -carried ..... H ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT SUBTT17455 -RANCHO CUCAMONGA HOUSING PARTNERS - A residential subdivision of 64 condominiums on Parcel 1 of Tentatrve Parcel Map 17156, a 5 5 acre portion of said subdivision, in the Medium Residential District (8-14 dwelling units per acre), located approximately 600 feet east of the northeast corner of Madrone Avenue and 9th Street-APN 0207-262-18 and 27 Related Files Development Review DRC2005-00220 and Tree Removal Permit DRC2005-0021 B Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration • Planning Commission Minutes B-18 September 14, 2005 • RESOLUTION NO 06-100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING THEIR APPROVAL OF CONDITIONAL USE PERMIT DRC2005-00068 FOR PHASED CONSTRUCTOIN OF A NEW GOLF COURSE CLUBHOUSE INCLUDING BANQUET FACILITIES, DINING ROOM, KITCHEN, PARKING, AND RELATED AMENITIES LOCATED IN THE LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0207-101-03, 23, AND 35 A. Recitals 1 On the 15th day of September 2005, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing on Conditional Use Permit DRC2005-00068 application and concluded said hearing on that date Following the conclusion of the public hearing, the Planning Commission conditionally approved Conditional Use Permit DRC2005-00068 through adoption of their Resolution No 05-85 2 Chuck Buquet of Charles Joseph Associates, on behalf of Red Hill Country Club Inc ,filed a request to modify the conditions of approval for Conditional Use Permit DRC2005-00068 to delete the condition regwnng undergrounding of, or payment of in-lieu fees for, the existing overhead utilities Hereinafter in this Resolution, the subfect request is referred to as "the application " 3 On the 8th day of November 2006, the Planning Commission of the City of Rancho Cucamonga • held 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 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 the substantial evidence presented to this Commission during the above-referenced public hearing on November 8, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to the property located at 8358 Red Hill Country Club Drive with a street frontage of 204 45 feet on Redhill Country Club Drive and lot depth of 292 feet on the south side of Red Hill Country Club Drive and is presently improved with an existing clubhouse facility surrounded by an 18-hole golf course, and b The previously adopted conditions of approval, specifically Engineering Department Special Condition No 1f, required the undergrounding of the existing overhead utilities along Red Hill Country Club Drive (easUwest), pursuant to this Commission's Resolution No 87-96, and • B-19 PLANNING COMMISSION RESOLUTION NO 06-100 MODIFICATION OF DRC2005-00068 -RED HILL COUNTRY CLUB, INC November 8, 2006 Page 2 c On June 10, 1987, the Planning Commission adopted Resolution No 87-96 (ExhibitA of Staff Report) establishing a revised policy for undergrounding of the existing overhead utilities This policy was intended "to remove unsightly existing overhead utility lines in order to promote a more aesthetic and desirable working and living environment within the City " The Resolution states that the policy applies to all developments except those speafically exempted "and any others specifically waived by the Planning Commission." Overhead utilities include telecommunication (phone and cable) and electrical but excludes 66KV or larger electrical lines, and d The Commission's utility undergrounding policy includes seven exemptions, however, the Golf Course Clubhouse protect did not qualify for any of these exemptions, and e The adopted Planning Commission Resolution No 05-85 contains an Engineering Department condition dealing with utility undergrounding Condition No. 1 f regwres undergrounding on the protect side of Red Hill Country Club Dnve (easUwest) from the first pole off-site east of the clubhouse entrance to the first pole off-site east of Alta Cuesta Dnve (total length is about 315 feet) According to the Engineering Department, the estimated cost of undergrounding overhead electrical is $250 per linear foot and telephone is $50 per linear foot. Therefore, the estimated cost of undergrounding along Red Hill Country Cfub Drive is $105,000 (this includes money for vaults Edison regwres) • f Red Hill Country Club Clubhouse is a unique circumstance because all of the surrounding properties are developed residential, hence would never underground Further, because all of the surrounding properties are developed and would not pay in-lieu fees, there will never be the opportunity for reimbursement to the Golf Course for the undergrounding along Red Hill Country Club Drive, and • g The Red Hill Country Club Clubhouse has asserted that the undergrounding would be impractical to underground the iwo existing utility poles along the south side of Red Hill Country Club Drive (easUwest) Edison has confirmed that their utility easements for the properties north of this drive do not provide for underground utility placement, only one of these two poles would be able to be removed with such an underground endeavor Also, the total estimated cost would be $105,000 3. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment forthe application, the Planning Commission finds that no subsequent or supplemental environmental document is regwred pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations a Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Negative Declaration on September 14, 2005, in connection with the City's approval of Conditional Use Permit DRC2005-00068 Pursuant to CEQA Gwdelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is regwred in connection with subsequent discretionary approvals of the same protect unless (i) substantial changes are proposed to the protect that indicate new or more severe impacts on the environment, (u) substantial changes have occurred in the circumstances under which the protect was previously reviewed that indicates new or more severe environmental impacts, or (ui) new important information shows the protect will have new or more severe impacts than previously considered, or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts b The Planning Commission finds, in connection with the current application, that substantial • changes to the protect or the circumstances surrounding the protect have not occurred which would create B-20 PLANNING COMMISSION RESOLUTION NO 06-100 MODIFICATION OF DRC2005-00068 -RED HILL COUNTRY CLUB, INC. . November 8, 2006 Page 3 new or more severe impacts than those evaluated in the previous Negative Declaration The current application requests the deletion of a condition requiring utility undergrounding Staff furtherfinds thatthe prolect will not have one or more sigmficant effects not discussed in the previous Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the prolect to a level of less than significant The proposed deletion of the utility undergrounding will not change the prolect design, that is, the demolition of the Clubhouse, and the construction of a new 35,176 square foot Clubhouse c Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the current application d Pursuant to the requirements of California Fish and Game Code Section 711 4 and Title 14 of the California Code of Regulations, Section 753 5, the Planning Commission finds, based on the Initial Study, the Negative Declaration, and considering the record as a whole, that there is no evidence before the City that the proposed prolect will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends because the subject property was fully developed with a church more than a decade ago Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753 5 (Title 14 of the California Code of Regulations Code, Section 753 5 ) 4 Based upon the findings set forth in paragraphs 1, 2, and 3 above, this Commission hereby • modifies their previous action approving Conditional Use Permit DRC2005-00068 by deleting Engineering Department Special Condition No 1f The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 2006 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Pam Stewart, Chairman ATTEST James R Troyer, AICP, Secretary I, James R Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certifythat the foregoing Resolution was duly and regularly introduced, passed, and adopted bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of November 2006, by the following vote-to-wit • B-21 PLANNING COMMISSION RESOLUTION NO 06-100 MODIFICATION OF DRC2005-00068 -RED HILL COUNTRY CLUB, INC November 8, 2006 • Page 4 AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS • • B-22 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18033 - WEINBERGER Staff wdl provide an oral update on this project at the meeting ITEM C I~ LJ CITY OF RANCHO CUCAMONGA TRAILS ADVISORY COMMITTEE AGENDA WEDNESDAY, NOVEMBER 8, 2006 Q 6.00 PM RAINS ROOM 10500 CIVIC CENTER DRIVE I. ROLL CALL: Fletcher Henderson Carlson Vacant Vacant II. NEW BUSINESS McPhail Karraa Stewart (Alternate) Dickey (Alternate) Vacant (Alternate) I r P Q: ~fbY A Discussion of the status of the local feeder trail maintenance with Code Enforcement Representatives III. PUBLIC COMMUNICATION This is the time and place for the general public to address the Trails Advisory Committee Items to be discussed here are those which do not already appear on this agenda IV. ADJOURNMENT I, Rebecca Coleman, Office Speaalist It for the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was posted on November2, 2006, at least 72 hours pnor to the meeting per Government Code 54954 2 at 10500 Civic Center Dnve, Rancho Cucamonga • RESOLUTION NO 06-94 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT18033, LOCATED APROXIMATELY 285 FEET SOUTH OF BANYAN STREET AND EAST OF EAST AVENUE, IN THE VERY LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0225-191-09 AND 17 A Recitals 1 Robert Weinberger filed an application for the approval of Tentative Tract Map SUBTT18033, as described in the title of this Resolution Hereinafter in this Resolution, the subtect Development Review request is referred to as "the application " 2 On the 25th day of October 2006, and continued to the 8th day of November 2006, 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 All legal prerequisites pnor 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 the substantial evidence presented to this Commission during the above-referenced public hearing on October 25, 2006 and continued to November 8, 2006, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to the vacant property located approximately 285 feet south of Banyan Street and East of East Avenue, with a street frontage of 262 18 feet on East Avenue and lot depth of 1225 85 feet and presently has street improvements, and b The property to the north of the subject site is existing residential and vacant land, the property to the south is developed with an existing residence and Christmas Tree Farm, the property to the east is vacant land, the property to the west is existing residential, and The application proposes a subdivision creating 13 residential lots, and d The project, together with the recommended conditions of approval, complies with all development standards for the City of Rancho Cucamonga, and e The application applies to the subdivision of land only, no house product is proposed, and PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 2 f The proposed subdivision will have a gross density of 2 dwelling units per acre, which is consistent with the Very Low Residential District 3 Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows 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 d The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially in~unous to properties or improvements in the wcirnty 4 Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith all written and oral reports included forthe environmental assessmentfor the application, the Planning Commission finds that there is no substantial evidence thatthe project wdl 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 Pursuant to the California Environmental Quality Act ("CEQA")and the City's local CEQA Gwdelines, the City staff prepared an Initial Study of the potential environmental effects of the project Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the protect would have a significant effect on the environment Based on that determination, a Mitigated Negative Declaration was prepared Thereafter, the City staff provided public notice of the public comment penod and of the intent to adopt the Mitigated Negative Declaration b The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds (Q that the Mitigated Negative Declaration was prepared in compliance with CEQA, and (u) that, based on the imposition of mitigation measures, there is no substantial evidence that the protect will have a significant effect on the environment The Planning Commission furtherfinds that the Mitigated Negative Declaration reflects the independent tudgment and analysis of the Planning Commission Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration c The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the protect that has been prepared pursuant to the requirements of Public Resources Code Section 21081 6 and finds that such Program is designed to ensure compliance with the mitigation measures during protect implementation The Planning Commission therefore adopts the Mitigation Monitoring Program for the protect PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 3 d Pursuant to the requirements of California Fish and Game Code Section 711 4 and Title 14 of the California Code of Regulations, Section 753 5, the Planning Commission finds, based on the Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753 5 (Title 14 of the California Code of Regulations Code, Section 753 5 ) e The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750 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 Engmeennp Department 1) Development of Tract 18033 may be phased, however the proposed interim basin is not acceptable The developer has the following alternatives for development a) Phased subdivision with Phase 1 being the westerly cul-de-sac Lots 1-7 Drainage of Phase 1 is subject to review and approval of final drainage report by the City Engineer Options of drainage facilities are Provide 0100 storm frequency drainage facility to the East Avenue storm drain, or n) Provide or obtain drainage easements and install local drainage facilities from development to existing City Master Plan storm drain facilities north of 210 Freeway 2) The proposed Phase 1 development is also responsible for the following a) The East Avenue right-of-way line shall be 44 feet from the centerline Process a street vacation for that portion of the project frontage lying outside of it b) East Avenue street improvements to be in accordance with City "Secondary Arterial" standards including PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 4 Complete the missing improvements on the east side of East Avenue, from the southern tract boundary northerly to loin existing improvements u) No driveways to East Avenue ui) Provide 9500 Lumen HPSV streetlights iv) Provide R26(s), "No Stopping" signs along frontage v) Protect or replace traffic signal equipment in East Avenue c) "X" Street cul-de-sac to be constructed in accordance with City "Local Street" standards including Offset cul-de-sac shall be constructed per City Standard Drawing No 112 n) Provide 5800 Lumen HPSV streetlights np Because the proposed lots front onto the streets and residents will park in front of their homes, provide a minimum of 28 feet of pavement, 12-foot of parkway, and a 4-foot graded shoulder for a total of 44 feet dedication If the developer proposes to locate the 4-foot shoulder off-site and wntten permission from the property owner was provided prior to the Planning Commission meeting, 40 feet of dedication is required d) Provide drainage easements on the north tract boundary for the following purposes Private drainage devices on the upstream side ofthe private trail (separate from the trail easement) Since there is vacant property to the north, the drainage devices need to be sized for off site flows as well as trail drainage n) Public storm lateral from "E" Street to a protection of the future master planned cul-de-sac on the parcel to the north e) The Phase 1 site shall be rough graded to accommodate private trail and related cross-lot drainage facilities A rough Grading Plan showing all the slopes and retaining walls necessary to accomplish this shall be approved prior to final map approval f) The EastAvenue and EastAvenue theme wall shall be designed and installed along the tract frontage consistentwith Figures 5-28 and 5-28A of the Etiwanda Specific Plan upon development of Lot 1 PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 - ROBERT WEINBERGER November 8, 2006 Page 5 g) Note on the public improvement plans that private landscaping and irrigation systems shall be installed in the parkway of corner Lot 1 along East Avenue prior to occupancy of said lot h) If necessary, relocate the fire hydrant and street tree for vehicular access to the private local trail on East Avenue Drive approach or curbside drain outlet for the trail V-ditch should intersect East Avenue radial to the centerline curve (perpendicular to curb) The homeowner of Lot 1 shall be responsible for the street trees along their side yard frontage Complete the submitted Water Quality Management Plan (WQMP) per the requirements of the City Engineer including, but not limited to, signing and recording the Memorandum of Agreement Maintenance of BMP's identified in the WQMP shall be addressed in the project CC&R's 3) Upon development of Phase 2 the easterly cul-de-sac Lots 8-13 the following conditions are regwred a) The Planning Commission has approved Tentative Tract 17651 which provides access and storm drainage discharge for the subject project In case Tract 17651 is delayed, the developer will be able to process an acquisition agreement for the off-site access and drainage easements, for installation of said improvements, as provided for in one of the Standard Conditions of Approval below b) "E" Street to be improved in accordance with City "Collector Street" standards including Q Complete construction of "E" street along the eastern boundary, minimum additional width of 18 feet u) Provide 5800 lumen HPSV street lights c) "Y" Street cul-de-sac to be constructed in accordance with City "Local Street" standards including Offset cul-de-sac shall be constructed per City Standard Drawing No 112 u) Provide 5800 Lumen HPSV streetlights uQ Because the proposed lots front onto the streets and residents will park in front of their homes, provide a minimum of 28 feet of pavement, 12-foot of parkway, and a 4-foot graded shoulder for a total of 44 feet dedication If the PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 6 developer proposes to locate the 4-foot shoulder off-site and written permission from the property owner was provided prior to the Planning Commission meeting, 40 feet of dedication is required d) Provide drainage easements on the north tract boundary for the following purposes Private drainage devices on the upstream side ofthe private trail (separate from the trail easement) Since there is vacant property to the north, the drainage devices need to be sized for off site flows as well as trail drainage u) Public storm drain lateral from "E" Street to a projection of the future master planned cul-de-sac on the parcel to the north ni) If the temporary inlet at the north end of Lot 12 is installed on-site, provide an easement m favor of the property owner to the north, allowing them access for reconstruction Design the private trail and private drainage facilities for minimal disruption during said reconstruction e) If Street "X" drains to Street "Y", provide a modified curbside drain outlet, an open channel, and then a curbside drain outlet from one cul-de-sac to the other Provide a public drainage easement for the faalities f) Construct public storm drain lateral (sized for O,oo) along the north tract boundary, from the "E" Street storm drain to the temporary inlet at the north end of Lot 12 Manhole covers in trail areas shall be non-slip material The developer is not eligible for reimbursement g) If the temporary inlet at the north end of Lot 12 is installed off-site, permission shall be obtained from the property owner h) Tract 17561 will construct a storm drain system in "E" Street, but the location of its inlet has not yet been determined The subject project shall construct the length necessary to connect its storm drain system to that of Tract 17561 if this storm drain is installed by others, then reimbursement of full cost shall be deposited with City for payment to others If Tract 17561 increases the capacity of local storm drains to accommodate the subject property, the developer shall pay his fair share of upsizing costs ~) The site shall be rough graded to accommodate private trail and related cross-lot drainage facilities A rough Grading Plan PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 7 showing all the slopes and retaining walls necessary to accomplish this shall be approved prior to final map approval k) Note on the public improvement plans that private landscaping and irrigation systems shall be installed in the parkways of corner Lot 13, along "E" Street, prior to occupancy of said lot Complete the submitted Water Quality Management Plan (WQMP) perthe requirements of the City Engineer including, but not limited to, signing and recording the Memorandum of Agreement m) Maintenance of BMP's identified in the WQMP shall be addressed in the protect CC&R's Environmental Mitigation Aesthetics 1) New Eucalyptus windrows shall be planted, a minimum of 480 linear feet, in 5-gallon size, as required by the Etiwanda Speafic Plan 2) The existing Eucalyptus windrows and other trees shall be removed and replaced with 5-gallon Eucalyptus Maculata "spotted gum," spaced 8 feet on center Air Quality 1) All construction egwpment shall be maintained in good operating condition so as to reduce operational emissions The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City verification 2) Prior to the issuance of any Grading Permits, the developer shall submit construction plans to the City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South CoastAv Quality Management District (SCAQMD) as well as City Planning Staff 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 - ROBERT WEINBERGER November 8, 2006 Page 8 5) All construction egwpment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site through seeding and watering • Pave or apply gravel to any on-site haul roads • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices • Sweep streets according to a schedule established by the City if silt is carved overto adjacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction • Suspend grading operations during high winds (i a ,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~p emissions 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible 9) The construction contractor shall ensure that Construction-Grading Plans include a statement that work crews wdl shut off equipment when not in use 10) All residential and commercial structures shall be regwred to rncorporate high-effiaency/low-polluting heating, air conddiomng, appliances, and water heaters 11) All residential and commercial structures shall be requued to incorporate thermal pane windows and weather-stripping PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 9 Biological 1) If the site is developed more than 2 years after the date of the original biological surveys, new focused surveys for the California Coastal gnatcatcher, San Bernardino kangaroo rat, and the Los Angeles pocket mouse shall be performed prior to issuance of any clearing and grubbing, grading, or budding permits 2) To mitigate the loss of Riversidian Alluvial Fan Sage Scrub habitat, the developer shall purchase and preserve off-site lands of equivalent habitat to provide substitute resources at a ratio of 1 1 equaling 7 acre Mitigation may involve the financial contribution towards purchase of land within San Bernardino County 3) The developer shall collect seeds of the Plummer's mariposa lily and/or transplant bulbs under the direction of a qualified restoration ecologist 4) Construction limits shall be fenced with temporary chain link fencng prior to any site clearing and grubbing or any other disturbance and priorto issuance of any grading or bwlding permits to protect preserved areas 5) Vegetation clearing and tree removal activities shall be conducted during the non-breeding season (September 1 through February 14) to limit impacts to nesting birds 6) The developer shall hire a biologist to monitor vegetation clearing and initial grading to minimize potential effects to common wildlife species and California Special Concern Species 7) In the event that vegetation clearing or tree removal is necessary during the bird breeding season (February 15 through August 31), the developer shall hire a qualified biologist to conduct a preconstruction survey to identify the locations of nests within the areas affected by clearing If the biologist finds an active nest within or adjacent to these areas, then the biologist shall delineate an appropriate buffer zone around the nest, marked by flagging or fencing, and construction or clearing shall not be conducted within this buffer zone until the biologist determines that the nest is no longer active 8) Any equipment operated within or adjacent to a drainage shall be checked and maintained daily to prevent leaks of materials that, if introduced to water, could be detrimental to plant and wildlife species Cement/concrete, asphalt, paint, petroleum products, or other substances that could be hazardous, resulting from project-related activities, shall be prevented from entering the soil or waters Any of these materials placed in an area that may result in the material entering the drainage shall be removed and disposed of at an appropriate site PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 10 9) Prior to completion of the prolect construction activities each day, the developer shall remove all trash and debris to avoid attracting wildlife 10) New Eucalyptus windrows shall be planted, a minimum of 480 linear feet, in 5-gallon size, as required by the Etiwanda Speafic Plan 11) Existing Eucalyptus windrows and other trees shall be removed and replaced with 5-gallon Eucalyptus Maculata "spotted gum," spaced 8 feet on center Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to regwre incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point • Pursue educating the public about the area's archaeological heritage • Propose mitigation measures and recommend conditions of approval to eliminate adverse prolect effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the prolect area Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving 2) If any paleontological resource (i a plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 11 • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval ofearth-disturbing activities • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i a ,San Bernardino County Museum) • Submit summary report to City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum Geology and Sods 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions Hazards and Waste Materials 1) The prolect shall be developed in accordance with all fuel modification mitigation measures identified in the June 6, 2006, Preliminary Fire Protection Plan prepared by Firewise 2000, Inc and any subsequent fire protection studies as maybe required by the Rancho Cucamonga Fire Protection Distract 2) The prolect shall be developed in accordance with all landscape and irrigation mitigation measures identified in the June 6, 2006, Preliminary Fire Protection Plan prepared by Firewise 2000, Inc and any subsequent fire protection studies as may be required by the Rancho Cucamonga Fire Protection District PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 12 3) The protect shall be developed in accordance with all High Fire Hazard area, San Bernardino County FS-3 overlay, structure special fire protection features identified in the June 6, 2006, Preliminary Fire Protection Plan prepared by Firewise 2000, Inc and any subsequent fire protection studies as may be required by the Rancho Cucamonga Fire Protection Distract Hydrology and Water Quality Construction Activities 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm dram system to the maximum extent practical 2) An Erosion Control Plan shall be prepared, included in Grading Plan, and implemented for the proposed protect that identifies specific measures to control on-site and off-site erosion from the time ground disturbing actvities are initiated through completion of grading This Erosion Control Plan shall include the following measures at a minimum a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this protect will be corrected through a remediation or restoration program within a speafied time frame 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust m order to prevent discharge of debris or sediment from the site Post- Construction Operational 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Ron Martin 8 Associates, Inc to reduce pollutants after construction entering the storm dram system to the maximum extent practical 6) Landscaping Plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 13 including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits 7) Prior to issuance of Bwiding Permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WOMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WOMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Priorto issuance of Grading or Paving Permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit Nose Exterior 1) The applicant shall provide a 3-foot high sound wall for Lot 13 facing East Avenue The sound barner's weight shall be at least 3-1/2 pounds per square foot of face area and have no decorative cutouts or line-of-site openings between shielded area and the roadway Interior 2) The applicant shall provide a windows closed condition for homes on Lot 13 facing East Avenue A windows closed condition requires a means of mechanical ventilation per the Uniform Building Code Standards This shall be achieved with standard air conditioning or fresh air intake system 3) The applicant shall ensure that all air intake ducts on Lot 13 will be oriented away from Banyan Street and shall incorporate at least 6 feet of flexible fiberglass ducting and at least one 90 degree bend There shall be no other openings (mail slots, vents, etc) in the exterior walls 4) The applicant shall provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46 Typical walls with this rating will have 2-inch by 4-inch studs or greater, 16 inches on center with R-13 insulation, a minimum 7/8-inch exterior surface of cement plaster and a minimum interior surface of 1/2-inch gypsum board PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 14 5) The applicant shall provide window and door assemblies used throughout the project that are free of cut outs and openings, well fitted and well weather-stripped 6) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday 7) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17 02 120-D, as measured at the property line The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be required by the Building Official Said consultant shall report their findings to the Building Official within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted 8) The perimeter block wall shall be constructed as early as possible in first phase 9) Haul truck deliveries shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 2006 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Pam Stewart, Chairman ATTEST James R Troyer, AICP, Secretary PLANNING COMMISSION RESOLUTION NO 06-94 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER November 8, 2006 Page 15 I, James R Troyer, AICP, Secretary of the Planning Commission ofthe 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 ofthe Planning Commission held on the 8th day of November 2006, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS Planning Commission Meeting of ~ ~ RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding Thank you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NAME L ,b~ ~~ C ` /I C . ~ .~ ADDRESS CITY }~1 ~'~~~~~~.~ 4 ~ ~;~ ~ 1, ITEM