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HomeMy WebLinkAbout15-06 - Resolutions RESOLUTION NO. 15-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE TRACT MAP SUBTT18976, A REQUEST FOR A SUBDIVISION OF AIRSPACE FOR 31 DETACHED RESIDENTIAL CONDOMINIUMS FOR A 3.2 ACRE SITE LOCATED ON THE EAST SIDE OF MADRONE AVENUE BETWEEN ARROW ROUTE AND 9TH STREET WITHIN THE MEDIUM (M) DEVELOPMENT DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF—APNS 0207-262-01, 02 AND 03. A. Recitals. 1. Crestwood Communities filed an application for the approval of Tentative Tract Map SUBTT18976 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 28th day of January 2015 the Planning Commission of the City of Rancho Cucamonga conducted a 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 28, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located on the east side of Madrone Avenue between Arrow Route and 9th Street within the Medium (M) Development District; and b. The project site is approximately 350 feet from north to south and 369 feet from east to west and is comprised of three parcels; and C. The site is relatively flat and contains 26 trees; nine (9) were determined in the arborist report(Andresen, September 2014)to be heritage tress, as classified by the Development Code. The location and condition of the trees prevent them from being incorporated into the new project and all the existing trees will be removed. The Landscape Plan includes the planting of 153 new trees, mitigating the loss of the removed trees; and d. To the east and west are multi-family developments within the Medium (M) Development District. To the north are multiple lots developed with single-family residence within the Medium (M) Development District. To the south is a future park site developed with multiple vacant structures; and PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976—CRESTWOOD COMMUNITIES January 28, 2015 Page 2 e. The project complies with all related development criteria of the Medium (M) Development District including project density, setbacks, parking, private and common open space areas and recreation facilities. 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 the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans in that the project site is residentially zoned and is being subdivided for residential purposes. The project site is being developed with 31 detached condominiums with a project density of 10.3 dwelling units per acre,within the permitted density range of 8 to 14 units per acre. b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans in that the proposed parcels are being subdivided for residential condominium purposes and will be of similar size and density to those in the surrounding area. C. The site is physically suitable for the type of development proposed in that the project is designed to conform to all of the requirements of the Medium (M) Development District and there is an existing public street and utility services available to service the project site. d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat in that the Initial Study prepared for the project includes mitigation measures that reduce any potential impacts to humans or wildlife to less than significant. e. The tentative tract is not likely to cause serious public health problems in that the lots are being subdivided for residential condominium purposes which does not include the use of hazardous materials that would cause public health problems. 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 as the subject property does not contain any preexisting access that would limit subdivision of the site. 4. Based upon the facts and information contained in the proposed Mitigated 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 Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the 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, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976—CRESTWOOD COMMUNITIES January 28, 2015 Page 3 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 prior to approving the requested Tentative Tract entitlement. 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 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 attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for the subdivision of airspace on a 3.2-acre site for the development of 31 detached residential condominium units located on the east side of Madrone Avenue between Arrow Route and 9th Street in the Medium (M) Development District--APN: 0207-262-01, 02, and 03. 2) Approval of the project is conditioned on the approval of Tree Removal Permit DRC2014-00736 for the removal of 9 Heritage trees on the project site. 3) Prior to the recordation of the Final Map, all organizational documents for the project including Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant shall be responsible for costs associated with the review of these documents. The approved CC&Rs shall be recorded prior to, or concurrently with, recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: a) Individual residences shall be available for private ownership, and that all common areas (i.e., not for exclusive use by the owner of the residence) shall be commonly owned. PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976 — CRESTWOOD COMMUNITIES January 28, 2015 Page 4 b) The private open space areas are the walled side yards and a walled courtyard. All other areas within the project are maintained by the Home Owners Association. c) No residence in the development shall be sold unless a Property Owners Association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, building features and amenities, parking lot, landscaping, and utilities, etc. d) The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. e) The requirement that association bylaws be established. f) Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including but not limited to, common recreation facilities, landscaped areas, walls and fences, parking lot (i.e., walkways, sidewalks, driveways), underground water supply, fire lanes, water quality control features, etc. In addition, the CC&Rs shall indicate the maintenance obligations and reciprocal easements related to the reciprocal and shared facilities, including, but not limited to, provisions for a reciprocal agreement for the maintenance and use of the on-site fire protection (fire hydrant). Statements noting these agreements, easements, etc., shall also be included on the Final Map. g) Membership in the Property Owner's Association shall be inseparable from ownership of individual residences. h) Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures, exterior mechanical equipment, etc., consistent with the Rancho Cucamonga Development Code. i) Maintenance standards shall be provided for applicable items listed in Section e. Examples of maintenance standards are shown below: i) All common area landscaping shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into the neighboring properties and shall be maintained so they do not have droppings or create other nuisances to the PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976— CRESTWOOD COMMUNITIES January 28, 2015 Page 5 neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. ii) All site features shall be maintained so that they are safe for users. Significant pavement cracks; pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways shall be removed or repaired promptly. iii) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. j) No amendment to alter, modify, terminate, or change the Property Owners Association's obligation to maintain the common areas or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas shall be permitted without the prior written approval of the City of Rancho Cucamonga Community Development Department. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. Air Quality Short Term (Construction) Emissions 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. 15-06 TENTATIVE TRACT MAP SUBTT18976— CRESTWOOD COMMUNITIES January 28, 2015 Page 6 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 Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 7) 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 PM,o emissions. 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. Long Term Emissions 1) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976 —CRESTWOOD COMMUNITIES January 28, 2015 Page 7 2) Provide preferential parking to high occupancy vehicles and shuttle services. 3) Schedule truck deliveries and pickups during off-peak hours. 4) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 5) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 6) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 7) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 8) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) Prior to approval of a Grading Permit, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either(a)the adult birds have not begun egg-laying or incubation; or(b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable.to verify one of the above conditions,then no disturbance shall occur within 300 feet of non-raptor nests, and within 5,000 feet of raptor nests, during the breeding season to avoid abandonment of the young. 2) Prior to approval of a Grading Permit, Burrowing Owl Survey that conforms to the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation shall be submitted to the Planning Department for review. The survey shall include a habitat assessment, survey and impact analysis. 3) Open wrought iron fencing with pilasters shall be used along the south property line to protect the eucalyptus windrow located just south of the project site. 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 PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976 — CRESTWOOD COMMUNITIES January 28, 2015 Page 8 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. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • 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 summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976 — CRESTWOOD COMMUNITIES January 28, 2015 Page 9 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM,o 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 PM,o 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 PM,o 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 PM,o emissions. Greenhouse Gasses Short Term (Construction) GHG Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. Long Term (Operational) GHG Emissions 1) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials' such as PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976 —CRESTWOOD COMMUNITIES January 28, 2015 Page 10 materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 2) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation, • Limit air leakage through the structure, • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances, • Landscape and developed site utilizing shade, prevailing winds and landscaping, • Install efficient lighting and lighting control systems, • Install light colored "cool" roofs and cool pavements, • Install solar or light emitting diodes (LED's) for outdoor lighting. 3) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 4) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. Hazards and Waste Materials 1) The developer shall provide future homeowners with written notification at the time of purchase that the project site is within the LA/Ontario International Airport Influence Area and is subject to increase overhead noise levels. Hydrology and Water Quality Construction Activity PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976 —CRESTWOOD COMMUNITIES January 28, 2015 Page 11 1) Prior to issuance of Grading Permits, the permit applicant shall submit to the Building Official for approval, a 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 prepared by PBLA Engineering (May, 20, 2014) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) 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. Grading Activities 1) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (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 PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976—CRESTWOOD COMMUNITIES January 28, 2015 Page 12 Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 2) 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 17.66.050, as measured atthe property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. 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 28TH DAY OF JANUARY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 15-06 TENTATIVE TRACT MAP SUBTT18976—CRESTWOOD COMMUNITIES January 28, 2015 Page 13 BY: ,d�y Ravenel Wimberly, Chairman ATTEST: Cj, Canclycellumett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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 28th day of January 2015, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ , OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE Conditions of Approval CCommunity Development Department Project#: DRC2014-00570 CEQA2014-00006, SUBTT18976 Project Name: Crestwood Communities Location: 8583 ARROW RTE - 020726201-0000 Project Type: Design Review CEQA Review, Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. A. Planning Department 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is fled with the Engineering Services Department within 3 years from the date of the approval. 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 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. 3. Copies of the signed Planning Commission Resolution of Approval No. or Approval Letter, 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. 4. Crime Free Multi-Family Housing Program - The owner shall cause the manager and any resident manager to complete the training for and enroll the project in the San Bernardino County Crime Free Multi-Family Housing Program. 5. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,260.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 6. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. B. Ennineerina Services Department 1. The existing overhead utilities (telecommunications and electrical except for 66 kv) on the project side of Madrone Avenue shall be undergrounded from the first pole offsite the northerly property boundary to the first pole offsite the southerly property boundary, prior to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. Printed:1/14/2015 1 .CltyofRC.us Project#: DRC2014-00570 CEQA2014-00006, SUBTT18976 Project Name: Crestwood Communities Location: 8583 ARROW RTE -020726201-0000 Project Type: Design Review CEQA Review, Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. B. En-gineering Services Department 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of Building Permits whichever occurs first. Formation costs shall be borne by the developer. 3. Transitions to offsite existing conditions to the north and to the south from project boundaries shall be to the satisfaction of the City Engineer. 4. Parcel Map 16141 has installed the storm drain and related improvements along 9th Street from Lanyard Court to the Cucamonga Creek Channel. The developer of Parcel Map 16141 is eligible for reimbursement to recover the proportionate cost of the storm drain installation. The fair share amount has been determined per approved Reimbursement Agreement dated August 27, 2007, City File DRA-37, which shall be paid prior to final map approval or building permit issuance, whichever comes first. The approved amount last August 2007 for this development is $ 65,732.13 which shall be increased at a rate of 10% per year. 5. Madrone Avenue frontage improvements to be in accordance with City "Local Street' standards as required and including: a. Provide curb, property line sidewalk and street trees, as required. b. Provide commercial driveway approaches for both drive aisles. North drive approach shall align with existing private street on opposite side of Madrone Avenue. c. Provide two(2) 5800 Lumen HPSV-equivalent LED streetlights, as required. d. Provide traffic signing and striping, as required. e. The necessary right-of-way for Madrone Avenue is 30 feet, measured from the street centerline. 6. Pavement reconstruction and overlays up to the centerline of Madrone Avenue will be determined during plan check. 7. 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. 8. 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 percent 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 Services Department when the first Building Permit application is submitted to the Building and Safety Services Department. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. - w cityofRC.us Panted:1/14/2015 Page 2 of 8 Project#: DRC2014-00570 CEQA2014-00006, SUBTT18976 Project Name: Crestwood Communities Location: 8583 ARROW RTE -020726201-0000 Project Type: Design Review CEQA Review, Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. B. Ennineerina Services Department 9. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 30 total feet on Madrone Avenue 10. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. 11. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. 12. 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. 13. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure 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, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 14. Construct the following perimeter street improvements including, but not limited to: Madrone Avenue Curb & Gutter A.C. Pavement Sidewalk Drive Approach Street Lights Street Trees Curbside Drain Outlet 15. The developer shall be responsible for the relocation of existing utilities as necessary. 16. 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 CVWD 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. 17. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. Pnntea:1/1412015 v .CltyofRC.us Page 3 018 Project#: DRC2014-00570 CEQA2014-00006, SUBTT18976 Project Name: Crestwood Communities Location: 8583 ARROW RTE-020726201-0000 Project Type: Design Review CEQA Review, Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT., B. Engineering Services Department 18. 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 Engineering Services Department 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. Access ramps for the disabled 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 Manager prior to submittal for first plan check. www.CityofRC.us Printed:1/142015 Page 4 of 6 Project#: DRC2014-00570 CEQA2014-00006, SUBTT18976 Project Name: . Crestwood Communities Location: 8583 ARROW RTE - 020726201-0000 Project Type: Design Review CEQA Review, Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. B. Engineering Services Department 19. 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. Madrone Avenue Botanical Name- Pinus canariensis Common Name-Canary Island Pine Min. Grow Space-7' Spacing - 35' 0.C. Size- 15 Gallon 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 Services Department. Street trees are to be planted per public improvement plans only. 20. 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. 21. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 22. 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. 23. The City is willing to consider installation of a private storm drain lateral across adjacent property to the south, which is owned by the City of Rancho Cucamonga for public park purposes. Such a facility would need to be designed to accommodate all private flows south of Arrow Route and be located along the north and east edges of the future park site in a private drainage easement. Development would pay all costs for installing the private storm drain from the existing pubic storm drain at the southeast corner of the park site to the north project boundary. A developer-to-developer reimbursement agreement would allow sharing of the costs among benefiting properties. Developer shall also provide a legal description for the offsite drainage easement and provide a private drainage easement in favor of properties to the north on the final tract map. 24. Amount of parking spaces shall be in accordance with Development Code Section 17.64. Printed:1/14/2015 v .CityofRC.u3 Page 5 of 8 Project#: DRC2014-00570 CEQA2014-00006, SUBTT18976 Project Name: Crestwood Communities Location: 8583 ARROW RTE- 020726201-0000 Project Type: Design Review CEQA Review, Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- C. ROJECT:C. Fire Prevention I New Construction Unit 1. See SUBTT case for B&S and FCS conditions E. Grading Section 1. Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. 4. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and 'wet signed by a California licensed Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. 7. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 8. A drainage study showing a '100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. 9. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 10. It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct wall on property line or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 11. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 12. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. www.CityofRC.us Pooled:1/14/2015 Page 6 0/8 Project#: DRC2014-00570 CEQA2014-00006, SUBTT18976 Project Name: Crestwood Communities Location: 8583 ARROW RTE -020726201-0000 Project Type: Design Review CEQA Review, Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: E. Grading Section 13. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 14. Private streets for multifamily developments will include street plans as part of the Grading and Drainage Plan set. Plan view to show typical street sections. Profile view to show centerline and top of curb profiles. 15. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 16. Roof storm water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 17. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 18. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number(WDID). 19. A Grading Bond will be required to be submitted to the Building and Safety Services Department Official for review and approval prior to issuance of a Grading Permit. 20. Prior to issuance of a wall permit, on engineered combination garden/retaining walls. along the property boundary the structural calculations for the wall shall assume a level .toe/heel at the adjacent off-site property (i.e. a manufactured slope is not present). 21. Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. 22. Prior to removing fences or walls along common lot lines and prior to constructing walls along common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 23. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 24. This project shall comply with the accessibility requirements of the current adopted California Building Code. 25. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". Printed:1/14/2015 `M .CityO(RC.us Page 7 of 8 Project#: DRC2014-00570 CEQA2014-00006, SUBTT18976 Project Name: Crestwood Communities Location: 8583 ARROW RTE -020726201-0000 Project Type: Design Review CEQA Review, Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: E. Grading Section 26. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by . the.., project owner/representative, the grading contractor and the Building Inspector to discuss aboutgrading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 27. Prior to the issuance of the Certificate of Occupancy the engineer of\record shall certify the functionality of the storm water quality management plan (WQMP) best management practices (BMP) devices. 28. The Water Quality Management Plan (WQMP) shall include a copy of the project Conditions of Approval. 29. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment best management practices (BMP) devices as provided for in the project's Storm Water Quality Management Plan shall be provided for by CC&R's or deeds and shall be recorded prior to the issuance of a grading permit. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. Printed:1/14/2015 www.CityofRC.us Page a of 8 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.: SUBTT18976 and DRC2014-00570-- Public Review Period Closes: January'28, 2015 Project Name: Project Applicant: Crestwood Communities Project Location(also see attached map): Located on the east side of Madrone Avenue between Arrow Route and 9th Street -APN: 0207-262-01, 02, and 03. Project Description: A request to subdivide a 3.2-acre site and to develop 31 detached condominiums for a site that is made up of three parcels which includes two existing single-family residences that will be removed as part of the project. 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 Report will 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 28, 2015 Date of Determination Ad ted By