HomeMy WebLinkAbout95-35 - Resolutions RESOLUTION NO. 95-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE
PARCEL MAP NUMBER 14806, LOCATED ON THE NORTH SIDE OF FOOTHILL
BOULEVARD BETWEEN SPRUCE AND ELM AVENUES, AND MAKING FINDINGS
IN SUPPORT THEREOF - APN: 1077-421-58 AND 63
WHEREAS, Tentative Parcel Map Number 14806, submitted by Western/
Development Co. , applicant, for the purpose of subdividing into 8 parcels, the
real property situated in the City of Rancho Cucamonga, County of San Bernardino,
State of California, identified as APNs 1077-421-58 and 63, located on the north
side of Foothill Boulevard between Spruce and Elm Avenues; and
WHEREAS, on August 23, 1995, the Planning Commission held a duly
advertised public hearing for the above-described map.
NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS
FOLLOWS:
SECTION 1 : That the following findings have been made:
1. That the map is consistent with the General Plan.
2. That the improvement of the proposed subdivision is
consistent with the General Plan.
3. That the site is physically suitable for the proposed
development.
4. That the proposed subdivision and improvements will not
cause substantial environmental damage or public health
problems or have adverse effects on abutting properties.
SECTION 2: Based upon the facts and information contained in the
proposed Negative Declaration, together with all written and oral reports
included for the environmental assessment for the application, the Planning
Commission finds that there is no substantial evidence that the project will have
a significant effect upon the environment and adopts a Negative Declaration based
upon the findings as follows:
1. That the Negative Declaration has been prepared in
compliance with the California Environmental Quality Act
of 1970, as amended, and the State CEQA guidelines
promulgated thereunder; that said Negative Declaration
and the Initial Study prepared therefore reflect the
independent judgment of the Planning Commission; and,
further, this Commission has reviewed and considered the
information contained in said Negative Declaration with
regard to the application.
2. That, based upon the changes and alterations which have
been incorporated into the proposed project, no
significant adverse environmental effects will occur.
PLANNING COMMISSION RESOLUTION NO. 95-35
TENTATIVE PARCEL MAP 14806
August 23, 1995
Page 2
3. 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 Initial Study and Negative Declaration
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 substantial evidence
contained in the Negative Declaration, 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.
SECTION 3: Tentative Parcel Map Number 14806 is hereby approved subject
to the attached Standard Conditions and the following Special Conditions:
Engineering Division
1. Complete all frontage improvements on Foothill Boulevard,
Spruce Avenue, Church Street and Elm Avenue.
2. All street lights along right turn lanes and/or bus bays
shall have 8-foot mast arms.
3. Development shall comply with the Terra Vista Park
Implementation Plan.
Building & Safety Division
1. Prior to approval of the final parcel map, the CC&Rs
shall address the following to the satisfaction of the
Building Official:
a. The omission of property line wall and opening
protection as required for independent buildings,
b. Approval of buildings affected is based upon the
"unlimited area" provisions of the 1991 edition of
the Uniform Building Code,
c. Easement restricts expansion of the affected
structures,
d. The outer easement line is to be considered a
property line for adjacent buildings, and
e. Easement and CC&R language cannot be changed without
approval of the Building Official.
PLANNING COMMISSION RESOLUTION NO. 95-35
TENTATIVE PARCEL MAP 14806
August 23, 1995
Page 3
APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST 1995.
PLANNING CO.- E CITY OF RANCHO CUCAMONGA
, ,lri
S
BY CIA\% airman
ATTEST: � �i
Brad Mr Se Itir
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 23rd day
of August 1995, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
CITY OF RANCHO CUCAMONGA
STANDARD CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. /'/tO&
Those items checked are Conditions of Approval,
A. Dedications and Vehicular Access
1. Rights-of-way and easements shall be dedicated to the City for all interior public streets,community trails,
public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans
and/or tentative map. Private easements for non-public facilities(cross-lot drainage,local feeder trails,
etc.)shall be reserved as shown on the plans and/or tentative map.
2. Dedication shall be made of the following rights-of-way for the perimeter streets (measured from
centerline):
total feet on
total feet on
total feet on
total feet on
3. An irrevocable offer of dedication for roadway purposes shall be made for the private streets.
4. Corner property line cutoffs shall be dedicated per City Standards.
V- 5. Vehicular access rights shall be dedicated to the City for the following streets, except for approved
openings:
FooTN1Ctr 800LE VAR D
V. 6. Reciprocal access easements ensuring access to all parcels shall be recorded prior to or concurrent with
the fmal parcel map. 'C bki vEl AISc-t5 trt Setzvic ICES" fr-c!LL
- 7. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joini maintenance
of all common roads, drives, or parking areas shall be provided by C C & Its or deeds and shall be
recorded prior to or concurrent with the final parcel map.
8. All existing easements lying within future right-of-way are to be quitclaimed or delineated on the final
parcel map per the City Engineer's requirements.
I/ 9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be
dedicated to the City.
10. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the
final parcel map.
Vie 11. Additional street right-of-way shall be dedicated along right turn lanes,to provide a minimum of 7 feet
measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, a parallel
street tree easement shall be provided.
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12. The developer shall make a good faith effort to acquire the required off-site property interests necessary
to construct the required public improvements and, if he/she should fail to do so,the developer shall at
least 120 days prior to submittal of the final parcel map for approval,enter into an agreement to complete
the improvements pursuant to Government Code Section 66462 at such time as the City acquires the
property interests required for the improvements. Such agreement shall provide for payment by the
developer of all costs incurred by the City to acquire the off-site property interests required in connection
with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the
amount given in an appraisal report obtained by the developer, at developer's cost. The appraiser shall
have been approved by the City prior to commencement of the appraisal. This condition applies in
particular,but not limited,to:
B. Street Improvement.
I. All public improvements,(interior streets,drainage facilities,community trails,paseos, landscaped area.,
etc. ) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street
improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches,
sidewalks,street lights, and street trees.
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2. A minimum,of 26-foot wide pavement within a 40-foot wide dedicated right-of-way shall be constructed
for all half-section streets.
✓ 3. Construct the following missing perimeter street improvements including,but not limited to:
Street Name Curb AC Side- Drive Street Street Comm. Median Bike Other
& Pvmt walk Appr. Lights Trees Trail Island Trail
Gutter -
Foo+k;II SIVA C- ✓ ✓ (If)
Elwt Aye ✓ ✓ ✓ ✓ ✓ ✓ (a)
G,,AtftA. st ✓ ✓
"ruce /We_ ✓ ✓ ✓
Notes:(a)Median Island includes landscaping and irrigation on meter. (b)Pavement construction and overlays will be
determined during plan check. (c)Is so marked,sidewalk will be curvilinear per STD.#I14. (d) If so marked,an in-lieu
of construction fee shall be provided for this item.
(e. —Ripe ETro & � Terra.V is �z . Coviv, thi Pla ..`
(t) Bt..s1301 c.# 1aC- T +.41.4 a-ad orc& sePatrake-
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• V 4. Improvement Plans and Construction:
a. Street improvement plans including street trees and street lights, prepared by a registered Civil
Engineer, shall be submitted to and approved by the City Engineer.
b. Prior to any work being performed in the 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,street name signing,and interconnect conduit shall be installed to
the satisfaction of the City Engineer.
d. Signal conduit with pull boxes shall be installed on any new construction or reconstruction of major,
secondary or collector streets for future signals. 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:(I)All pull boxes shall be No.6 unless otherwise specified by the City Engineer.(2) Conduit shall be 3-inch galvanized
steel with pullrope.
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. A street closure permit may be 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 lots.
h. Street names shall be approved by the City Planner prior to submittal for first plan check.
5. Street improvement plans per City Standards for all private streets shall be provided for review and
approval by the City Engineer. Prior to any work being performed on the private streets,fees shall be paid and
construction permits shall be obtained from the City Engineer's office in addition to any other permits required.
V6. 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.
7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger street, lines of sight shall be plotted for all project intersections, including
driveways.
ZS. A Permit shall be obtained from CALTRANS for any work within the following right-of-way.
toern4ILi- $Oo Lev ALI)
9. All public improvements on the following streets shall be operationally complete prior to the issuance of
building permits.
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C. Public Maintenance Areas
1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted
to the City Engineer for review and approval prior to final parcel map approval. The following landscaped
parkways,medians,paseos,easements,trails,or other areas shall be annexed into the Landscape Maintenance
District:
- 2. 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 parcel map approval. Formation costs shall be borne by the
developer.
3. All required public landscaping and irrigation systems shall be continuously maintained by the developer
until accepted by the City.
4. Parkway landscaping on the following street(s)shall conform to the results of the respective Beautification
Master Plan: � n _ _ _
roer141 .t_. SPECIFlc PL.R�1 —D SIGta SQPPLE Hen—
D. Drainage and Flood Control
1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection
measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer.
- 2. It shall be the developer's responsibility to have the current FIRM Zone_designation removed from
the project area. The developer's engineer shall prepare all necessary reports,plans,and hydrologic/hydraulic
calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA, prior to
occupancy or improvement acceptance,whichever occurs first.
3. A final drainage study shall be submitted to and approved by the City Engineer prior to final parcel
map approval. All drainage facilities shall be installed as required by the City Engineer.
4. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property
from adjacent areas.
- 5. A permit from the San Bernardino County Flood Control District is required for work within it's right-of-
way.
V/ 6. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
7. Public storm drain easements shall be graded to convey overflows in the event of blockage in a sump
condition.
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E. Improvement Completion
AZ 1. -If-the required public improvementsen-not completed prior to approval of the final parcel map-
-€err
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V 2. If the required public improvements are not completed prior to approval of the final parcel map, an
improvement certificate shall be placed upon the Final Map, stating that they will be completed upon
development for:eU- FRoM7)46C Pnr2KwAy /MPAIVEME.N7S SWAI.i_ 6E
CIomPLE7e1n Ligon) beVaopMENT of /FNy PA2CEL
F. Utilities
V/ 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas,electrical
power,telephone and cable TV(all underground)in accordance with the Utility Standards. Easements shall
be provided as required.
/ 2. Water and sewer plans shall be designed and constructed to meet requirements of the Cucamonga County-
Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health
Department of the County of San Bernardino.
3. 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.
V/ 4. The developer shall be responsible for the relocation of existing utilities as necessary.
G. General Requirements and Approvalg
V/ I. The tentative map approval is valid for the 24 month period following the approval date. Time extensions
may be granted by the Planning Commission, if requested prior to the expiration date.
V/ 2. Final grading plans for each parcel shall be as required by the Building and Safety Division prior to
issuance of grading permits.
Z3. A copy of the Covenants, Conditions, and Restrictions (C C & R's) approved by the City Attorney is
required prior to approval of the final parcel map.
4. An easement for a joint use driveway shall be provided prior to final parcel map approval for:
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5. Prior to approval of the final parcel map a deposit shall be posted with the City covering the estimated cost
of apportioning the assessments under Assessment District ,among the newly created parcels.
6. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new
street lights for the first 6 months of operation,prior to final parcel map approval.
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• _ 7. Prior to finalization of any development phase,sufficient improvement plans shall be completed beyond
the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer.
Phase boundaries shall correspond to lot lines shown on the approved tentative map.
8. Etiwanda/San Sevaine Area Regional Mainline,Secondary Regional,and Master Plan Drainage Fees shall
be paid prior to final parcel map approval.
9. Permits shall be obtained from the following agencies for work within their right-of-way.
10. A signed consent and waiver form to join and/or form the Law Enforcement Community Facilities District
shall be filed with the City Engineer prior to final parcel map approval. Formation costs shall be borne by the
developer.
I I. Prior to recordation of the final parcel map, the applicant shall consent to, or participate in, the
establishment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary
school facilities. However, if any school district has previously established such a Community Facilities
District,the applicant shall, in the alternative,consent to the annexation of the project site into the territory of
such existing district prior to the recordation of the final parcel map. Further,if the affected school district has
not formed a Mello-Roos Community Facilities District within twelve months from the date of approval of
the project and prior to the recordation of the final parcel map for said project,this condition shall be deemed
• null and void.
This condition shall be waived if the City receives notice that the applicant and all affected school districts have
entered into an agreement to privately accommodate any and all school impacts as a result of this project.
12. Mello Roos Community Facilities District requirements for the Rancho Cucamonga Fire Protection District
shall apply to this project.
13. Pursuant to provisions of California Resources Code Section 21089(b), this application shall not be
operative, vested or final, nor will building permits be issued or a map recorded, until (I) the Notice of
Determination(NOD)regarding the associated environmental action in filed and posted with Clerk of the Board
of Supervisors of the County of San Bernardino;and(2)any and all required handling charges,are paid to the
County Clerk of the County of San Bernardino. The applicant shall provide the Engineering Department with
a stamped and copy of the NOD together with a receipt showing that all fees have been paid.
In the event this application is determined exempt from such filing fees pursuant to the provision of
the California Code,or the guidelines promulgated thereunder,except for payment of any required handling
charge for filing a Certificate of Fee Exemption, this condition shall be deemed null and void.
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