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HomeMy WebLinkAbout99-48 - Resolutions RESOLUTION NO. 99-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP NUMBER 15268, LOCATED AT THE NORTHEAST CORNER OF ELM AVENUE AND WHITE BIRCH DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-961-15 AND 208-961-23 WHEREAS, Tentative Parcel Map Number 15268, submitted by Stefan Smith, applicant, for the purpose of subdividing into 3 parcels, the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, identified as APNs 208-961-15 and 208-961-23, located at the northeast corner of Elm Avenue and White Birch Drive; and WHEREAS, on May 26, 1999, 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. PLANNING COMMISSION RESOLUTION NO. 99-48 PM15268 - SMITH ASSOCIATES May 26, 1999 Page 2 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 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 15268 is hereby approved subject to the attached Standard Conditions. APPROVED AND ADOPTED THIS 26TH DAY OF MAY 1999 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: l / hi \ . any T�/ Niel, Chairman ATTEST: so • Brad Buirr ecret- 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 26th day of May 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL , STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE CITY OF RANCHO CUCAMVIONGA STANDARD CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 45268 Those items checked are Conditions of Approval. A. Dedications and Vehicular Access L 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,traffic signal encroachment and maintenance 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 street 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. 5. Vehicular access rights shall be dedicated to the City for the following streets, except for approved openings: 6. Reciprocal access easements shall be provided ensuring access to all parcels by C C & R's or by deeds and shall be recorded prior to or concurrent with the final parcel map. 7. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all conunon 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. 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. ✓ 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. 11. Additional street right-of-way shall he 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. 1 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 1. All public improvements, (interior 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. 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 g Pvmt walk Appr. Lights Trees Trail Island Trail Gutter ELM AVENUE Cie ✓ ✓ ✓ 9 leffr, 009 PR/V6 ✓ ✓ ✓ f 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 will be curvilinear per STD. =114. (d) If so marked,an in-lieu of construction fee shall be provided for this item. re)r)ftwlinpgp ntiptlwa/A she//k ins*/ihinrn,st Me eil, Arnie A`nrT frna/vie/pMc So i,)aotiq grMe Oiteror %Oafb',n comb/vote wa Me ADA rite / mirs. Tk ewS) y y hers s /a dscyee ii*01y whin the Caadf/ooet 'crdewa//f s471Ie/e owed. j0e wi//cnasrdet a/tcroahmes yr ova',Ad vetch yb eve end/- vb6e t&'e*thty/and;are. fie standstd 64o, finis hers ofcat4 fo Me that ge walA &A//6e Ain,wreffif ✓ 4. Improvement Plans and Construction: c04,)s/Qt/R2 9. 0-7g, (9)4e %/L a a au t4/I/0 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 parcel map approval. b. Prior to any work being perforated 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 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:(I)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 shalt be 3-inch(at intersections),or 2-inch(along streets)galvanized steel with pullrope 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 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. 40"... 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. ✓ 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. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 8. A Permit shall be obtained from CALTRANS for any work within the following right-of-way: 9. All public improvements on the following streets shall be operationally complete prior to the issuance of building permits. C. Public Maintenance Areas L 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 3 Landscape Maintenance District: 2. Public landscape areas are required to incorporate substantial areas ( %)of mortared cobble or other acceptable non-irrigated surfaces. ✓ 3. 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 bome by the developer. 4. All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. 5. Parkway landscaping on the following street(s)shall conform to the results of the respective Beautification Master Plan: 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 (CLOMP.) shall be obtained from FEMA, prior to final parcel map approval. A Letter of Map Revision (LOMR) shall be issued by 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. 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 catch basin on a public street. 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 required for: 4 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 parcel map, stating that they will be completed upon development for: ere freQCz F. 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. 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. A letter of compliance from CCWD is required prior to final parcel map approval. 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. ✓ 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. 4. The developer shall be responsible for the relocation of existing utilities as necessary. G. General Requirements and Approvals _✓ 1. The tentative map approval is valid for the It month period following the approval date. Time extensions may be granted by the Plaiming Commission, if requested prior to the expiration date. ✓ 2. 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 attomey'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 obligation under this condition. ✓ 3. Final grading plans for each parcel shall be as required by the Building and Safety Division prior to issuance of grading permits. 4. A copy of the Covenants, Conditions, and Restrictions (C C & Rs) approved by the City Attorney is required prior to approval of the final parcel map. 5. An easement for ajoint use driveway shall be provided prior to final parcel map approval for: 6. 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. ✓ 7. 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, 5 8. 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. 9. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final parcel map approval. 10. Permits shall be obtained from the following agencies for work within their right-of-way. 11. 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. 12. 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 acconunodate any and all school impacts as a result of this project. 13. Mello Roos Community Facilities District requirements for the Rancho Cucamonga Fire Protection District shall apply to this project. 14. 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 snap recorded, until (1) the Notice of Determination (NOD) regarding the associated environmental action is 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 Bemardino. The applicant shall provide the Engineering Department with a stamped 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. Revised 9/8/98 6