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HomeMy WebLinkAbout09-05 - Resolutions RESOLUTION NO. 09-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2008-00762, A REQUEST TO CONSTRUCT WALLS WITH A CALCULATED HEIGHT OF UP TO 10 FEET IN CONJUNCTION WITH THE DEVELOPMENT OF 241 UNIT CONDOMINIUMS (DEVELOPMENT AND DESIGN REVIEW DRC2008-00306) WITHIN THE MEDIUM-HIGH RESIDENTIAL 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—APIA: 0227-532-16. A. Recitals. 1. Lewis Operating Corporation has filed an application for the approval of Variance DRC2008-00762, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance 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 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 15.69-acre vacant project site that is located on the north side of Church Street and east of Milliken Avenue; 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 applicant is requesting to construct property line walls with a calculated height as high as 10 feet along portions of the east property line and 7 feet high along portions of the north and west property lines. The maximum permitted wall height is 6 feet for all residential districts within the Terra Vista Community Plan area; and d. The additional wall height is necessary because of the grade difference between the applicant's site and the existing residential projects to the east and west and the City park to the north. The up to 10-foot high wall along the east property line will be partially screened by a proposed pedestrian ramp that will connect the site with the earlier phases of the project; and PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 2 e. The Variance is related to the development of a proposed 241-unit rental condominium project (Development and Design Review DRC2006-00306); and f. The proposed project is located in the Medium-High Residential District and has been designed in accordance with all other standards and guidelines of the Development Code and the Terra Vista Community Plan. 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. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code, in that the City has a Standard Condition that requires 6-foot high property line walls on all residential developments. The grade difference between the project site and the neighboring lots necessitates that the applicant construct retaining walls topped by free-standing wrought iron fences. Without the Variance, the proposed walls/fences would be over the maximum 6-foot height permitted by the Terra Vista Community Plan. The elimination of the retaining walls would require the applicant to significantly redesign the project, which would result in the development of fewer units and the project being deficient in meeting the density range of 14 to 24 dwelling units per acre required in the Medium-High Residential District, thus placing an unnecessary physical hardship on the applicant. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property that do not apply generally to other properties in the same zone, in that the subject infill site is surrounded by developed lots which were graded at the time of development in a manner that has led to there now being significant grade differences between the site and the lots to the north, east, and west, necessitating the need for retaining walls topped by the required 6-foot high property line walls. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in same zone, in that without the requested Variance, the applicant would be limited to constructing walls less than the required height of 6 feet, which would deprive the applicant from the ability to properly secure the perimeter of the site. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone, in that the additional wall height will allow the applicant to construct property line walls with a maximum height of 6 feet, as measured on the shortest side of the wall/fence, which is consistent with the surrounding properties and should not be considered the granting of a special privilege. e. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity, in that the proposed walls to the north and west will have a calculated height that is 1-foot greater than that permitted by the City. The proposed east property line wall separates two properties owned by the applicant. Staff believes that the design of the subject walls do not appear to result in unwanted view or visual impacts on the neighboring properties and will not result in significant impacts that would be detrimental to the public welfare or are injurious to the other properties in the vicinity. PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 3 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. 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 permits the applicant to construct property line walls up to 7 feet along the west and north property line and 10 feet along the east property line for a site located on the north side of Church Street and east of Milliken Avenue—APN: 0227-532-16. 2) The approval of Variance DRC2008-00762 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]), Tentative Tract Map SUBTT18710, and Development Review DRC2008-00306. PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 4 3) The Variance shall expire if building permits are not issued within 5 years from the date of approval. 4) The construction of the retaining walls and fences shall be in accordance with the Precise Plot and Grading Plan approved by the Planning and Building and Safety Departments for the issuance of the Precise Grading Permit. 5) All retaining walls shall be constructed of decorative material consistent with the architectural theme and building materials used within the project. 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. 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. PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 5 • 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 (PM1o) 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. 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 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: PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 6 • 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 CEQA 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. • 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. PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 7 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. 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. PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 8 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. 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 PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 9 100 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: �rcY / � X Richard B. Fletcher, Chairman ATTEST: Jam R. Troyer, AICP, S cretWy 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