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HomeMy WebLinkAbout09-04 - Resolutions RESOLUTION NO. 09-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT18710, A REQUEST TO SUBDIVIDE A PARTIALLY DEVELOPED 20.69-ACRES LOT INTO TWO NUMBERED (LOTS 1 AND 2), WITH 241 UNITS FOR CONDOMINIUM PURPOSES ON LOT 1, WITHIN THE MEDIUM-HIGH RESIDENTIAL DEVELOPMENT DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE NORTH SIDE OF CHURCH STREET AND EAST OF MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-532-16. A. Recitals. 1. Lewis Operating Corporation has filed an application for the approval of Tentative Tract Map SUBTT18710, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 14th day of January 2009, 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. 3. 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 public hearing on January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 20.69-acre partially developed project site, located on the north side of Church Street and east of Milliken Avenue. The site has a street frontage of 870 feet on Church Street and a lot depth of 1,285 feet; and b. The site is bounded by Milliken Park to the north, Church Street to the south, multi-family residences to the east (earlier phases of Homecoming at Terra Vista), and a storage facility and multi-family residences to the west; and C. The application proposes subdividing the 20.69-acre site into two numbered lots (Lots 1 and 2), with 241 units for condominium purposes on Lot 1. Lot 1 will be 15.69 acres and will be developed with 241 condominiums. Lot 2 will be 5 acres and is presently developed with condominiums. PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 2 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. The proposed tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract is not likely to cause serious public health problems; and f. The design of the tentative tract will 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. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required 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, 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 project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period 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: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment 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 project 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 project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710— LEWIS OPERATING CORPORATION January14, 2009 Page 3 d. 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. Planning Department 1) Approval is for the subdivision of 20.69 acres of land for a site located on the north side of Church Street and east of Milliken Avenue - APN: 0227-532-16. The subdivision of 20.69 acres of land is for two numbered lots (Lots 1 and 2), with 241 units for condominium purposes on Lot 1. Lot 1 will be 15.69 acres and will include 241 condominiums. Lot 2 will be 5 acres and is presently developed with condominiums. 2) Reciprocal maintenance agreement(s) ensuring joint maintenance of all landscape areas, common areas, drives, and parking areas shall be recorded prior, or concurrent with, the final tract map. 3) The approval of SUBTT18710 is subject to the approval of, Terra Vista Community Plan Amendment DRC2008-00761 (Planning Commission and City Council [approval and adoption after City Council second reading]) Development Review DRC2008-00306, and Variance DRC2008-00762. Engineering Department 1) The Church Street frontage shall be fully improved. Improvements shall include, but are not limited to, curbs and gutters, sidewalk, street lights, street trees, traffic signing/striping, drainage facilities, etc. a) Provide bike lane along the Church Street frontage. b) The street tree species required on Church Street parkway shall be Magnolia Grandiflora "St. Mary" which is the approved existing tree easterly of this project. 2) The median in Church Street is to be protected in place and modified or repaired as required with no new openings. a) The median shall be fully landscaped per the approved street improvement plans, Drawing No. 2058-L, prior to approval of final map or issuance of building permits, whichever occurs first. It will be necessary to recheck the plans for conformance to current City Standards, since more than a year has elapsed since their approval. PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 4 3) The proposed driveway approach to Church Street is to be in accordance with the City "Driveway Policy'. The commercial drive approach shall be 35 feet wide minimum and 50 feet wide maximum, per City Standard 101, Type C. 4) Revise public improvement and storm drain plans to reflect required public improvements and public storm drain connections, to the satisfaction of the City Engineer. 5) Provide a 2-inch Traffic Signal Interconnect conduit on the north side of Church Street from the intersection of Malaga Avenue to Mayten Avenue. 6) A gate for pedestrian access to Milliken Park from the private multi-family residential project to the south will not be permitted in the vicinity of the existing tot lot, for child safety purposes. A third access to East Greenway Corridor will be allowed near the northeast corner of the project site. 7) The Engineering Department shall review a copy of the on-site landscaping plans to verify conformance with the City street tree requirements. Add the following note to private landscape plans that show street trees: "All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans". 8) The final tract map shall be reviewed, approved, and recorded, prior to issuance of building permits. Environmental Mitigation Air Quality 1) All construction equipment 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 projected 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 project. Contractors shall also conform to any construction measures imposed by the South Coast Air 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 or high-volume, low-pressure spray. PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 5 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment 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 carried over to 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.e., wind speeds exceeding 25 mph) in accordance with SCAQMD 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 (PM10) emissions, in accordance with SCAQMD Rule 403. 7) 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 (PM10) emissions, in accordance with SCAQMD Rule 403. 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 will shut off equipment when not in use. PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION Januaryl4, 2009 Page 6 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources i) 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 require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CECA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project 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.e. 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: • 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 of earth-disturbing activities. PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 7 • 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.e., San Bernardino County Museum). • Submit the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 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 PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 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 PM10 emissions. Hydrology and Water Quality 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 drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities 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 project will be corrected through a remediation or restoration program within a specified time frame. PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 8 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 in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP), prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent practical. 6) The developer shall implement the BMPs identified in the WQMP, prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants after construction from entering the storm drain system to the maximum extent practical. 7) 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, 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. 8) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP 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. 9) Prior to issuance of grading or paving permits, the 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. Noise 1) 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. PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION Januaryl4, 2009 Page 9 2) 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. 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) 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 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: JaR. Troyer, AICP, ecreta I, James R. Troye , AICP, 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 14th day of January 2009, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: TENTATIVE TRACT MAP SUBTT18710 SUBJECT: TENTATIVE TRACT MAP APPLICANT: LEWIS DEVELOPMENT CORPORATION LOCATION: CHURCH STREET AND WEST OF MILLIKEN AVENUE —APN: 0227-532-16 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents,officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion,participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-04 Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration - $2,043.00 B. Time Limits 1. This tentative tract map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. 1 Project No. SUBTT18710 Completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Terra Vista Community Plan. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 5. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 6. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits. 7. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns,hours of construction activity, dust control measures, and security fencing. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: D. Dedication and Vehicular Access 1. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the _/_/_ final map. E. Street Improvements 1. Pursuant to City Council Resolution No.88-557,no person shall make connections from a source of energy,fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council,except:that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 2 Project No. SUBTT18710 Completion Date 2. Construct the following perimeter street improvements including, but not limited to: Curb& AC. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Church Street X X X X X X IX Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3. Improvement Plans and Construction: a. Street improvement plans,including street trees,street lights,and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements,prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. C. Pavement striping, marking,traffic signing,street name signing,traffic signal conduit,and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No.6 at intersections and No.5 along streets,a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 3 Project No. SUBTT18710 Completion Date 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Church Street Magnolia grandiflora NCN 3 ft. 20 ft. o.c. 15-gal. "St. Mary, Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting,an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. F. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. G. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water,gas, _/ /_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4 Project No. SUBTT18710 Completion Date 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. H. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation,prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills,and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION i PLANNING SERVICES AT, (909), 477-2770, FOR .CO"MPLIANCE WITH THE "FOLLOWING CONDITIONS: L_ SEE ATTACHED _ _._... 5 Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS January 6, 2009 Terra Vista Apartment Homes SFR/Duplex/Multi-Family Development N/S of Church &W/O Malaga SUBTT18710 & DRC2008-00306 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. The RCFPD Procedures & Standards which are referenced in this document can be access on the web at site www.rcfire.or under the Fire Safety Division & Fire Construction Services section. FSC-1 Public and Private Water Supply Design guidelines for The Fire Protection water supply must be in accordance with RCFPD Standard 5-10. FSC-2 Fire Flow 1. The required fire flow for this project will be based on the square footage of the largest building, type of construction and determined in gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with the 2007 California Fire Code, as amended by the Fire District Ordinance. 2. The required minimum fire flow for this project when automatic fire sprinklers are installed can be reduced by 50-percent. 3. Fire Protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits for the construction of the buildings will not be issued until the public fire protection water plans are approved by the water and fire districts. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system (in accordance with RCFPD Standard #5-10) must be obtained prior to submitting the overhead fire sprinkler system plans. Include a copy of the approved underground plans as reference with the overhead submittal FSC-4 Requirements for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance FD46, the 2007 California Fire Code section 903.2.7 or because of an approved migration alternative such as: 1. When required fire flow cannot be provided due to inadequate volume or pressure. 2. When the building access does not meet the requirements of the 2007 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard #5-1. FSC-5 Fire Alarm System 1. RCFPD Ordinance FD46, the 2007 California Building Code, and/or the California Fire Code section 907.2.8. 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard 9-3. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access— Fire Lanes Standard #5-1 and the 2007 California Fire Code for specific requirements. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. 4. Knox Rapid Entry System: are required in accordance to the RCFPD Residential Vehicular Gate Standard # 5-3 and the RCFPD Knox Box Installation Standard 5-9. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard#5-3. 6. Fire Lane Identification: Red curbing, pavement marking and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for review and approval. 7. Mitigated Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road in accordance to RCFPD Standard #5-6. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Battery Systems • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Cryogenics • Flammable and Combustible Liquids • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application 2 Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the review fee. FCS-14 Map Recordation 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement—Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant—Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS —Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access and Fire Protection Water Supply: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. Please refer to the RCFPD Standards# 14-1 & 14-2 for the requirements specific to fire protection water supply and fire department access during construction. 3 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required Fre flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial and multi-family buildings shall post the building addresses, address monuments, site directories, suite directional signage and suite designations in accordance to RCFPD Multi-Family Residential Addressing Standard. 10. Hazardous Materials which require use permits from the fire district must be in accordance to the conditions of the permit. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 %" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard#13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 4 City of Rancho Cucamonga n MITIGATION MONITORING PROGRAM Project File No.: Terra Vista Community Plan Amendment DRC2008-00791,Tentative Tract Map SUBTT18710, Development and Design Review DRC2008-00306, and Variance DRC2008-00762 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will betaken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency (Planning DepartmenUEnginee ring Department) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 MITIGATION MONITORING PROGRAM DRC2008-00791/SUBTT18710/DRC2008-00306/DRC2008-00762- LEW IS OPERATING CORP. Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed,as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures.The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Tentative Tract Map SUBTT18710, Development and Design Review DRC2008-00306, and Variance DRC2008-00762 Public Review Period Closes: January 14, 2009 Project Name: Project Applicant: Lewis Operating Corp. Project Location (also see attached map): Located on the north side of Church Street and east of Milliken Avenue —APN: 0227-532-16. Project Description: A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings;subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes; and to construct a multi-family housing development consisting of 241 units, and walls with a calculated height of up to 10 feet high, on 15.69 acres of land within the Medium-High (MH) Residential Development District(14-24 dwelling units per acre)of the Terra Vista Community Plan. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Reportwill not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909)477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. January 14, 2009 Date of Determination Adopted By