HomeMy WebLinkAbout03-150 - Resolutions RESOLUTION NO. 03-150
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
MODIFICATION TO TENTATIVE TRACT MAP NO. SUBTT15974, BY
ADDING THREE OUT PARCELS CONSISTING OF 10 SINGLE-FAMILY
LOTS WITHIN VICTORIA ARBORS MASTER PLAN AND TREE
REMOVAL PERMIT DRC2003-00639, IN THE MIXED USE DISTRICT
OF THE VICTORIA COMMUNITY PLAN, GENERALLY BOUNDED BY
BASE LINE ROAD, ETIWANDA AVENUE, CHURCH STREET, AND DAY
CREEK CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF—
APN: 0227-161-39 THRU 46 AND 0227-171-13, 19, 21, 26 THRU 35, 37,
38, AND 39.
A. Recitals.
1. On March 7, 2001, the Planning Commission approved and adopted Resolution No.
01-25, approving Tentative Tract Map No. 15974 (Tentative Tract Map 15974).
2. Standard Pacific filed an application for a modification to the Tentative Tract Map
SUBTT15974, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Tentative Tract Map Amendment Request is referred to as "the application."
3. On October 22, 2003, this Commission conducted a duly noticed public hearing on
the application and concluded said meeting on that date.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced meeting on October 22, 2003, including written and oral staff reports, this
Commission hereby specifically finds as follows:
a. The application applies to property generally bounded by Base Line Road to the
north, Etiwanda Avenue to the east, Church Street to the south, and Day Creek Channel to the
west; and the site is presently graded for future construction of homes.
b. The property to the north of the subject site consists of existing single-family
residential and a commercial center within the Windrows Village of the Victoria Community Plan;
the property to the south is being graded for the Victoria Gardens regional center (approximately
175 acres); the property to the east is vacant, unimproved land with a Low-Medium Residential
designation within the Etiwanda Specific Plan; and the property to the west consists of the Day
Creek Flood Control Channel and Edison utility corridor.
PLANNING COMMISSION RESOLUTION NO. 03-150
MOD NO. 2 SUBTT15974—AMERICAN BEAUTY/STANDARD PACIFIC
October 22, 2003
Page 2
c. The proposed project consists of adding three out parcels of approximately 3
acres and 10 single-family lots to a previously approved Tentative Tract Map SUBTT15974.
d. The previously approved Tentative Tract Map SUBTT15974 included a master
plan subdivision concept that contained the three out parcels. The addition of the 10 single-
family lots is consistent with the master plan concept subdivision. The total number of lots with
the proposed project is 565 for Tentative Tract Map SUBTT15974.
e. The proposed project is consistent with the General Plan Mixed Use District as
further defined in the Victoria Community Plan and the Victoria Arbors Master Plan
(Development Review 01-04).
f. The proposed project conforms to the standards and regulations in Victoria
Community Plan, and the Victoria Arbors Master Plan (Development Review DRCDR01-04).
g. The developer is required to complete all public improvements as listed in the
conditions of approval section of Planning Commission Resolution No. 01-25; and
h. The proposed project will continue to comply with the environmental mitigation
listed in the EIR document entitled "Final Environmental Impact Report Victoria Arbors Village
SCH No. 98041137.
i. The proposed project and the intended use together with all conditions of
approval and the mitigation will continue not to be detrimental to the health, safety, or welfare or
materially injurious to properties or improvements in the vicinity.
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:
a. Tentative Tract Map SUBTT15974 continues to be consistent with the General
Plan, the Development Code, and the Victoria Community Plan; and
b. The design or improvements of Tentative Tract Map SUBTT15974 continue to
be consistent with the General Plan, the Development Code, and the Victoria Community Plan;
and
c. The site continues to be physically suitable for the type of development
proposed; and
d. The design of the subdivision continues to not likely cause substantial
environmental damage and avoidable injury to humans and wildlife or their habitat; and
e. Tentative Tract Map SUBTT15974 continues to not likely cause serious public
health problems; and
f. The design of the Tentative Tract Map SUBTT15974 continues to not conflict
with any easement acquired by the public at large, now of record, for access through or use of
the property within the proposed subdivision.
PLANNING COMMISSION RESOLUTION NO. 03-150
MOD NO. 2 SUBTT15974—AMERICAN BEAUTY/STANDARD PACIFIC
October 22, 2003
Page 3
4. Based upon the facts and information contained in the proposed Addendum to the
Certified Final EIR entitled "Final Environmental Impact Report Victoria Arbors Village
SCH No. 98041137," together with all written and oral reports, the Planning Commission hereby
approves the Addendum and finds that there is no substantial evidence that the project will have
a significant effect upon the environment based upon the findings as follows:
a. That on July 7, 1999, the City Council of the City of Rancho Cucamonga
adopted Resolution No. 99-148 certifying the environmental document entitled as the "Final
Environmental Impact Report Victoria Arbors Village SCH No. 98041137," and on December 20,
2000, adopted Resolution No. 00-266 approving the Statement of Facts and Findings and
Overriding Consideration.
b. That the Addendum to the Certified Final EIR entitled "Final Environmental
Impact Report Victoria Arbors Village SCH No. 98041137' has been prepared in compliance
with the California Environmental Quality Act of 1970, as amended, and the State CEQA
guidelines promulgated thereunder; that said Addendum prepared therefore reflect the
independent judgment of the Planning Commission; and, further, this Commission has reviewed
and considered the information contained in said Addendum with regard to the application.
C. The Addendum to the Certified Final EIR entitled "Final Environmental Impact
Report Victoria Arbors Village SCH No. 98041137' identifies that all significant effects have
been reduced to an acceptable level by imposition of mitigation measures on the project which
are listed below as conditions of approval.
d. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code
of Regulations, the Planning Commission finds as follows: In considering the record as a whole,
the Addendum to the Certified Final EIR entitled Final Environmental Impact Report Victoria
Arbors Village SCH No. 98041137 for the project, there is no evidence that the proposed project
will have potential for an adverse impact upon wildlife resources or the habitat upon which
wildlife depends. Further, based upon the substantial evidence contained in the Addendum, the
staff reports and exhibits, and the information provided to the Planning Commission during the
public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as
set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4
above, this Commission hereby approves the application subject to each and every condition
set forth below:
Planning Division
1) Each and every condition set forth in Planning Commission Resolutions
No. 01-25 and No. 03-53, including the Standard Conditions, shall
remain in full force and effect.
2) Each and every mitigation measures set forth in the Mitigation
Monitoring Program contained in the Final EIR entitled "Final
Environmental Impact Report Victoria Arbors village SCH No.
PLANNING COMMISSION RESOLUTION NO. 03-150
MOD NO. 2 SUBTT15974—AMERICAN BEAUTY/STANDARD PACIFIC
October 22, 2003
Page 4
98041137" except for Mitigation Measures 4.7.3A, 4.7.3B, and 4.7.3D
shall remain in full force and effect.
3) Tree Removal Permit DRC2003-00639 is hereby approved. Remove all
dead and infested trees from the site and dispose of all infested wood
from the site.
4) The Italian stone pine closest to the end of cul-de-sac of Hitching Post
Court on Lot 33 of TR 16372 shall be preserved in place. The tree shall
be trimmed, maintained, and watered; and fenced around for protection
from grading and construction activities. Protection of the tree shall
follow the Tree Preservation Study prepared for TR 16372 dated July
25, 2003.
5) A 20-foot easement along the north boundary of the Diamond property
shall be provided, and shall be landscaped and identified as a non-
buildable area to be maintained as a buffer zone in perpetuity and
identified as such on the final map. The final design of the buffer zone
shall be subject to City Planner review and approval prior to final map
approval.
6) The developer shall provide each prospective buyer written notice of the
adjacent winery, and the banquet facility. The written notice must
disclose the uses and operation within the winery and banquet facility
and in a format as approved by the City Planner, prior to issuance of
building permits.
7) The developer shall provide each prospective buyer written notice of the
Victoria Gardens regional center, the theatres and the Cultural and
Library center. The standard format for the written notice shall be
submitted fro City Planner review and approval prior to issuance of
building permits.
8) The developer shall provide each prospective buyer of the affected lots
adjacent to the winery written notice of the required 20-toot landscape
buffer with a non-buildable deed restriction in perpetuity. The standard
format for the written notice shall be submitted for City Planner review
and approval prior to issuance of building permits.
9) The developer shall submit signed notice from the prospective buyer to
the City for records.
10) Provide conduit from each unit/lot and a pull box to connect to the
street, provide interior structured wiring for each housebuilding with
minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a
central distribution panel, prior to release of occupancy (fiber-to-the-
building, FTTB). Plans shall be submitted for City Planner and Building
Official review and approval prior to issuance of building permits.
PLANNING COMMISSION RESOLUTION NO. 03-150
MOD NO. 2 SUBTT15974—AMERICAN BEAUTY/STANDARD PACIFIC
October 22, 2003
Page 5
prospective buyer of Lot 29 of TR 16371 written notice of the ownership
and the maintenance of a strip of land south of Old Port Court.
12) The developer shall plant and irrigate a Eucalyptus windrow of 15-gallon
size at 8 feet on center along the north side of north property boundary
wall of lots 31 and 32 of TR 16371. Plans shall be submitted for City
Planner review and approval prior to issuance of building permits.
Engineering Division
1) Each and every condition set forth in Planning Commission Resolutions
No. 01-25 and No. 03-53, including the Standard Conditions, shall
remain in full force and effect.
2) Provide a minimum of 3-inch conduit for future fiber optic use on all
streets with connection through the parkway to each lot or parcel (fiber-
to-the-curb, FTTC). The size, placement, and location of the conduit
shall be shown on the Street Improvement Plans and subjected to City
Engineer review and approval, prior to issuance of building permits or
final map approval, whichever comes first.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2003.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
arty TIckliel, Vice Chairman
ATTEST /�
Brad Bu ecretary
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 27th day of August 2003, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS