HomeMy WebLinkAbout95-46 - Resolutions RESOLUTION NO. 95-46
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF TENTATIVE PARCEL MAP NUMBER 14022, LOCATED AT THE
NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER
AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 27-151-18 AND 24
WHEREAS, Tentative Parcel Map Number 14022, submitted by Lewis Development Co.,
applicant, for the purpose of subdividing into 12 parcels, the real property situated in the City of
Rancho Cucamonga, County of San Bernardino, State of California, identified as APN 227-151-18
and 24, located at the northwest corner of Foothill Boulevard and Rochester Avenue; and
WHEREAS, on September 13, and continued to September 27, 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 recommends adoption of 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.
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
PLANNING COMMISSION RESOLUTION NO. 95-46
PARCEL MAP 14022 - LEWIS DEVELOPMENT CO.
September 27, 1995
Page 2
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: The Planning Commission hereby recommends approval of Tentative Parcel
Map Number 14022 subject to the attached Standard Conditions and the following Special
Conditions:
Engineering Division
1. Foothill Boulevard shall be constructed as follows, to the satisfaction of
the City Engineer, subject to modification by and approval of Caltrans,
upon development of Parcel 1:
a. Full improvements on the north side from Rochester Avenue to
Orchard Avenue, including right turn lanes for Orchard Avenue
and all project driveways and a bus bay at the northwest corner
of Foothill Boulevard and Rochester Avenue.
b. A landscaped median between Rochester Avenue and Orchard
Avenue with left turn pocket lengths to the satisfaction of the City
Engineer.
c. Thirty-two feet of pavement on the south side of the median,
transitioning to existing pavement west of the Orchard Avenue
median break.
d. Remove, or abandon in place with a slurry fill, the 18-inch
corrugated metal pipe which crosses Foothill Boulevard.
e. The developer may request a reimbursement agreement for
permanent improvements south of the centerline, including half
of the landscaped median costs, from future development as it
occurs on the south side of the street. If the developer fails to
submit for said reimbursement agreement within 6 months of the
public improvements being accepted by the City, all rights of the
developer to reimbursement shall terminate.
2. Construct the main shopping center entry off Foothill Boulevard upon
development of Parcel 1. A street type driveway shall align with and
mirror the width of the future Masi Drive, as currently designed. Install
a traffic signal, which shall be operational prior to the release of
occupancy. The developer may request a reimbursement agreement
for one-half the cost of the signal from future development as it occurs
on the south side of Foothill Boulevard. If the developer fails to submit
for said reimbursement agreement within 6 months of the public
improvements being accepted by the City, all rights of the developer to
reimbursement shall terminate.
PLANNING COMMISSION RESOLUTION NO. 95-46
PARCEL MAP 14022 - LEWIS DEVELOPMENT CO.
September 27, 1995
Page 3
3. Should the Foothill Boulevard improvements and signal referenced in
Conditions 1 and 2 above be installed by development to the south, this
development shall reimburse its share of those improvements.
4. Install Rochester Avenue improvements upon development of Parcel 1.
Provide a pavement transition on the west side of Rochester Avenue
north of Poplar Drive to the satisfaction of the City Engineer. The bus
bay indicated on the site plan shall not be constructed.
5. Obstructions such as walls and landscaping, shall be located such that
lines of sight between trucks in the angled service exit onto Rochester
Avenue south of Poplar Drive and Rochester parkway trail users are
maintained, to the satisfaction of the City Planner and City Engineer.
6. Modify the existing traffic signal at the intersection of Foothill Boulevard
and Rochester Avenue as needed to the satisfaction of the. City
Engineer upon development of Parcel 1.
7. Install Poplar Drive, full width except for parkway improvements on the
north side, from Rochester Avenue to the north property line for Parcel
1, upon development of Parcel 1.
8. Construction traffic for Parcel 1 shall take access to the site from
streets other than Rochester Avenue; otherwise, the Rochester
frontage improvements shall be installed prior to the issuance of
permits.
9. Install a traffic signal at Rochester Avenue and Chervil Street with
development of any parcel beyond Parcel 1, or earlier if warranted.
10. Install Orchard Avenue, full width except for off site parkway
improvements, from Foothill Boulevard to Church Street, with Phase
Two development consistent with Conditional Use Permit 95-11. Install
traffic signals at the intersections of Foothill Boulevard with Orchard
Avenue and Milliken Avenue with Church Street. The developer shall
receive credit against, and reimbursement of costs in excess of, the
Transportation Development Fee for both signals, in conformance with
City policy. If the developer fails to submit for said reimbursement
agreement within 6 months of the public improvements being accepted
by the City, all rights of the developer to reimbursement shall terminate.
11. Extend the master plan storm drain in Foothill Boulevard from
Rochester Avenue to west of Orchard Avenue and install a local storm
drain in Orchard Avenue as required by the City Engineer.
12. Extend the master plan storm drain in Rochester Avenue from Foothill
Boulevard to north of Poplar Drive and install a local storm drain in
Poplar Drive as required by the City Engineer.
• 13. Structures within the storm drain easement north of the Foothill
Boulevard right-of-way, like the bus shelter and monument signs, shall
be designed such that concentrated loads are not placed on the storm
drain.
PLANNING COMMISSION RESOLUTION NO. 95-46
PARCEL MAP 14022 - LEWIS DEVELOPMENT CO.
September 27, 1995
Page 4
14. "No Parking/Stopping" shall be posted on all public street frontages.
15. The minimum commercial drive approach width is 35 feet at the right-
of-way (except as approved by Caltrans along Foothill Boulevard) and
the maximum approach radius is 20 feet. Transitions to lesser widths
on site should be smooth and easily driveable, especially for truck
service drives.
16. A non-refundable deposit shall be paid to the City, covering the
estimated cost of operating all street lights during the first six months
of operation, prior to building permit issuance or approval of the Final
Parcel Map, whichever occurs first.
17. An in-lieu fee for one-fourth the cost of constructing special pavers
within the Foothill Boulevard/Rochester Avenue intersection shall be
paid to the City prior to the issuance of building permits for Phase 1.
The fee amount shall be based on the square footage of the
intersection.
18. Development shall comply with the Terra Vista Park Implementation
Plan.
19. Parkway landscaping along the Rochester Avenue frontage, and trail
amenities required by the Terra Vista Community Plan Amendment,
shall be compatible with the landscaping theme developed on the east
side of Rochester Avenue, to the satisfaction of the City Planner and
City Engineer.
20. An in-lieu fee as contribution to the future undergrounding of the
existing overhead utilities (telecommunications and electrical, except for
the 66 KV electrical) on the opposite side of Rochester Avenue shall be
paid to the City prior to the issuance of building permits. The fee shall
be one-half the City adopted unit amount times the length from the
center of Foothill Boulevard to the center of Poplar Street. Upon
completion of the installation of utility facilities, the developer may
submit a request for a refund of any portion of said in-lieu fee for work
performed which may be attributed to the ultimate undergrounding of
existing overhead facilities on the east side of Rochester Avenue. The
amount of refund shall be reviewed and determined by the City
Engineer.
Building and Safety Division
1. . The 60-foot non-buildable easement around the in-line buildings shall
exclude all projections, overhangs, and canopies which protrude from
those buildings.
2. 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.
PLANNING COMMISSION RESOLUTION NO. 95-46
PARCEL MAP 14022 - LEWIS DEVELOPMENT CO.
September 27, 1995
Page 5
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.
e. Easement and CC&R language cannot be changed without
approval of the Building Official.
Planning Division
1. Approval of Tentative Parcel Map 14022 is granted subject to the
approval of General Plan Amendment 95-01B and Terra Vista
Community Plan Amendment 95-01.
APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 1995.
PLAN = ∎ 0`pHE CITY OF RANCHO CUCAMONGA
'11_
BY: 4,11111/1
�lf �rman
ATTEST: LiifA...■ ' a-
:rad B rcretW
I, :rad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing.Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 27th day of September 1995, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MELCHER, TOLSTOY
CITY OF RANCHO CUCAMONGA
STANDARD CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. /902.2
Those items checked are Conditions of Approval,
A. Dedications and Vehicular Access
I. 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.
17 2. Dedication shall be made of the following rights-of-way for the perimeter streets (measured from
centerlipe): ' ^ f +k II Pbwltm.rd (as afrreseat by CalAsetrysa
'ND r 0— Se total feet on PAC .ts4Ce Av etamla-
qq total feet on tSYC(.a.rd AY¢w�.4 (I JQ t,.K44t4 - 21 pa is)
9 / total feet on Papla_.rbrivve C-fat l ic**-n (U-)
NN total feet on C.G...rcS S reef (4.04 Width,._ PP Ent)
3. An irrevocable offer of dedication for roadway purposes shall be made for the private streets.
Z. 4. Corner property line cutoffs shall be dedicated per City Standards.
5. Vehicular access rights shall be dedicated to the City for the following streets, except for approved
openings:
6. Reciprocal access easements ensuring access to all parcels shall be recorded prior to or concurrent with
the final parcel map. `MU1: POSES A-r.ib St]:v,CC bf i E.S Fc•1z,4/L
7. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance
•of all common roads, drives, or parking areas shall be provided by C C & R's or deeds and shall be
recorded prior to or concurrent with the final parcel map.
17 8. All existing easements lying within future right-of-way are to be quitclaimed or delineated on the final
parcel map per the City Engineers requirements.
17 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.
VI I. 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 Improvements
I. All public improvements,(uterior streets,drainage facilities,community trails,paseos, landscaped areas,
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[ 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
Sof.:0 Qva-cog ✓ ✓ C.- ✓ ✓ ✓ ✓ (a
tc oot e4er Aveiwa ✓ ✓ ✓ ✓ ✓ ✓ t 1
Brcl,.a.rd Av<,w.-e ✓ ✓ ✓ ✓ ✓ ✓
9notNi..r'brtsre ✓ ✓ ✓ ✓ ✓ ✓
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.N114. (d) If so marked,an in-lieu
of construction fee shall be provided for this item.
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(e) loos o o1
(-C) Parkui rot* ternnsi s wi S- e
Tewa Vish- Ca11atMAa,,u Plan ApAshainsok
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V 4. Improvement Hans 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.
6. 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.
tot 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.
8. A Permit shall be obtained from CALTRANS for any work within the following right-of-way.
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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 Areal
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V 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: -In 1_ Dom.Q
1. � Sired'
1r e dWQI octa—
v*". 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.
V3. All required public landscaping and irrigation systems shall be continuously maintained by the developer •
until accepted by the City.
V4. Parkway landscaping on the following street(s)shall conform to the results of the respective Beautification
Master Plan: scrotum
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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.
V// 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.
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
�[ I. If the required public improvements are not completed prior to approval of the final parcel map, an
improvement security accompanied by an agreement executed by the Developer and the City will be/r�equred
for: Fo%9 exr,.RtVS`ri I R.oc v PWe&we l o.-ct Pop I�bY+%re�vO -
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17 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: •
development meat Arrn . Pl k4,34. Z anuelopt r�CUP 95- CLavenf.
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F. Utilities
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.
V3. 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.
}� 4. The developer shall be responsible for the relocation of existing utilities as necessary.
G. General Requirements and ADprovain
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.
Vte 2. Final grading plans for each parcel shall be as required by the Building and Safety Division prior to
issuance of grading permits.
3. A copy of the Covenants, Conditions, and Restrictions (C C & It's) approved by the City Attorney is
required prior to approval of the final parcel map.
4. An easement for ajoint use driveway shall be provided prior to final parcel map approval for:
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.
Y 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 final nation 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.
11. 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
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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.
17 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 2I089(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.
Rev. 8/1/95 6
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