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HomeMy WebLinkAbout15-21 - Resolutions RESOLUTION NO. 15-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2014-01117, A REQUEST TO REDUCE THE 90 FOOT LOT DEPTH REQUIREMENT TO 73 FEET FOR LOT #19 OF TENTATIVE TRACT SUBTT18508(31 LOT SINGLE-FAMILY SUBDIVISION)FOR SITE ZONED SCHOOL (S) LOCATED ON THE NORTHWEST CORNER OF KENYON WAY AND LARK DRIVE IN THE VICTORIA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1089-011-04. A. Recitals. 1. Caldwell Land Solutions filed an application for the approval of Variance DRC2014- 01117 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 11th day of March 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 March 11, 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 northwest corner of Kenyon Way and Lark Drive in the School (S) Zoning District; and b. The project site is approximately 650 feet from east to west and 400 feet from north to south; and C. To the north, south and east is single-family development within the Low Medium (LM) Zoning District; to the west is a public park within the Park (P) Zoning District; and d. The General Plan land use designation is Park (P) and the Victoria Community Plan zoning designation is School (S). The City has no plans to develop the site as a park and the school district has determined that the site is not needed as a school site; and e. The project is designed to conform to all related development criteria for the Low Medium (M) Development District of the Victoria Community Plan, except for lot depth for Lot#19; and PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 2 f. A Variance has been has been requested to reduce the required lot depth of Lot #19 from 90 feet to 73 feet. The depth of Lot#19 was reduced by a corner cutoff required to provide visibility for oncoming traffic at the intersection of Kenyon Way and Grimaldi Road. The Development Code defines lot depth as the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. The lot is approximately 114 feet deep along the west property line and approximately 20 feet deep along the east property line.At the midpoint, the lot is approximately 73 feet deep, 17 feet less than the 90-foot minimum lot depth requirement. 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. The strict or literal interpretation and enforcement of the specified regulation would result in a difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. Without the reduction in the lot depth requirement, the applicant would be required to eliminate Lot #19, which meets all other development criteria and can be developed with a single-family residence that meets all remaining development criteria. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The project site is adjacent to a wide curve in a public street, Kenyon Way, which limits vehicular visibility at the intersection of Kenyon Way and a new extension of Grimaldi Road. The visibility issue has been resolved by providing a corner cutoff adjacent to the subject intersection,which in turn creates a physical limitation on Lot#19 from meeting the required 90 foot lot depth. C. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. Without a reduction in the lot depth requirement, the applicant would be required to eliminate Lot #19, thus increasing the size of the adjacent lots to where the lots are much larger than the other lots in the surrounding area and limiting the development potential of the project site when all other development criteria can be achieved. d. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. It is common practice to grant Variances for a reduction in a development criteria where there is a physical limitation restricting compliance with that criteria. In this case, a corner cutoff created to provide vehicle visibility at the intersection of Kenyon Way and a new extension of Grimaldi Road, which restricts Lot#19 from complying with the lot depth requirement. e. The granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The Variance will not negatively impact the properties in the surrounding area as the lot is of adequate size to be developed with a single-family residence that meets all City development requirements and will not be visibly different from the other residences in the area. 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 PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 3 will have a significant effect upon the environment and recommends the City Council adopt 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. 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 recommends the City Council adopt the Mitigated Negative Declaration prior to approving the requested Variance. 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 recommends the City Council adopt 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 recommendation 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 a Variance for a 17 foot reduction in the 90 foot lot depth 'requirement for Lot #17 of Tentative Tract Map 18508 for a site located northwest corner of Kenyon Way and Lark Drive; APN: 1089-011-04. 2) Approval is contingent upon Planning Commission approval of Tentative Tract Map SUBTT18508 and City Council approval of General Plan Amendment DRC2014-00560 and Victoria Community Plan Amendment DRC2014-00561 and their adoption of the Mitigated Negative Declaration of environmental impacts, the Mitigation Monitoring Program and all mitigations contained therein for all of the project components. PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 4 3) 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 Qualit 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. 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. PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 5 • 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) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 2) All residential structures shall be required to incorporate high- efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 3) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 4) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.e and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. 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)thejuveniles from the occupied nests are foraging independently and are capable of PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 6 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, a 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. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • 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: PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 7 • 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. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent(approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, in accordance . with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce 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. PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 8 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 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. PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 9 • 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 interiorand exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. Hydrology and Water Quality Construction Activity 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) 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. PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 10 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 Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 2) 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. 3) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole and Associates (September 14, 2014) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. Noise 1) Construct a sound wall that is a minimum 6 feet above the pad elevation along the perimeter of the ground-floor backyards for all residences adjacent to Kenyan Way. The barrier shall be some combination of berms and concrete masonry units (CMUs). 2) Install a mechanical ventilation system such as a mechanical fan or air- conditioning system for all dwelling units with direct line of sight to Kenyon Way traffic. 3) Construct a minimum 5 foot high sound barrier on each balcony/deck facing Kenyon Way and/or within 30 feet of the Kenyon Way centerline.The sound wall shall be constructed with a combination of wood and Plexiglas,with no gaps. 4) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction.. 5) During all project site excavation and grading, the project contractors shall equip all construction equipment, sixed or mobile, with properly operating and maintained mufflers consistent with the manufacturers' standards PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 11 6) The 'project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 7) The construction contractor shall locate equipment staging in areas thatwill create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 8) The construction contractor shall obtain the City's approval for its haul plan, with the planned haul truck routes avoiding residential areas to the extent feasible. 9) The construction contractor shall change the timing and/or sequence of the noisiest construction operations to avoid sensitive times of the day. 10) The applicant shall submit a noise study when the houses on the lots are submitted for approval to verify compliance with the City's noise standards. 11) Construction or grading shall not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 12) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. 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. 13) The perimeter block wall shall be constructed as early as possible in the first phase. 14) 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. PLANNING COMMISSION RESOLUTION NO. 15-21 VARIANCE DRC2014-01117 CALDWELL LAND SERVICES MARCH 11, 2015 Page 12 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF MARCH 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY:C`��� �� v\ ^ Ravenel Wimberly, Chairman v ATTEST: Candyc urnett, Secretary I, Candyce Burnett, 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 11th day of March 2015, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MONOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Conditions of Approval [�wctio CucnMovc� Community Development Department Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. A. Planning Department 1. When house product is submitted in the future, the applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building and Safety Services Department and the Planning Department prior to final occupancy release of the affected homes. 2. When house product is submitted in the future, a final acoustical report shall be submitted for Planning Director review and approval prior to the issuance of Building Permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 3. The future residences on the approved lots require separate design review and approval. . 4. Tentative Tract Map SUBTT18508 shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 5. 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. 6. Approval of Tentative Tract No. SUBTT18508 and Variance DRC2014-01117 is granted subject to the approval of General Plan Amendment DRC2014-00560 and Victoria Community Plan DRC2014-00561. 7. Copies of the signed Planning Commission Resolution of Approval, 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. 8. 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. Printed:3/10/2015 w .CltyofRC.us Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. A. Planning Department 9. Approval of Variance DRC2014-01117 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. 10. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of $729 prior to the issuance of Building Permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 11. In those instances requiring long term monitoring (i.e. beyond final certificate of occupancy), the applicant shall provide a written monitoring and reporting program to the Planning Director prior to issuance of Building Permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. 12. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 13. Construct block walls between homes (i.e., along interior side and rear property lines), rather than wood fencing for permanence, durability, and design consistency. 14. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 15. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. The 5-foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees. Detailed landscape and irrigation plans shall be submitted for Planning Director review and approval prior to issuance of Building Permits. The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. 16. Following occupancy, all parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of Building Permits. 17. Following occupency, all site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. Printed:3/10/2015 w .CityofRC.us Page 2 of 10 Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. A. Planning Department 18. Six-foot decorative block walls shall be constructed along the project perimeter to match the walls in the surrounding area except along the_ new.extension of Lark Drive where'-decorative open' tubular steel fencing is permitted. 19. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map B. Engineering Services Department 0. 1. Corner property line cutoffs shall be dedicated per City Standards. 2. 1. "A" Street, Grimaldi Road and Lark Drive to be improved in accordance with City "Local Residential" Standards and the Victoria Community Plan including but not limited to the following: a. Provide curb and gutter, asphalt pavement, knuckle, drive approaches, curb adjacent sidewalk, ADA ramps, catch basins and storm drains, as required. b. Provide a minimum concrete thickness of 6 inches for sidewalks at driveways per City Standard No. 101. c. Provide 5800 Lumen HPSV-equivalent LED street lights, as required d. Provide traffic striping and signage, as required. 3. This project is connected to or will disrupt existing City-maintained landscape and irrigation areas, including a paseo along the south tract boundary and Kenyon Park along the west tract boundary. Prior to new construction, a joint inspection and documentation of the existing areas' condition shall occur with both the new contractor and the City inspector. The existing irrigation system shall be relocated as needed and any damaged landscaping replaced to the satisfaction of the City Engineer. At this point, the new construction contractor shall be responsible for maintenance of both the new and existing areas. The developer shall assume maintenance responsibility for the altered landscape area for a minimum of 90 days after reconstruction. A follow-up inspection of both areas is required prior to the City's acceptance of the new area. 4. Kenyon Way to be improved in accordance with City "Collector Street' standards and Victoria Community Plan standards, including but not limited to the following: a. Provide catch basin north of Lark Drive. b. Provide"All Way" stop signs at the intersection of Lark Drive and Kenyon Way. c. Revise existing street improvement and storm drain plans as required by the City Engineer d. Protect or repair existing curb and gutter, sidewalk and streetlights. e. Protect or provide traffic signing, R26(s) signs and striping, as required. f. No residential driveways to Kenyon Way are permitted. g. Parkway shall slope at 2 percent from the top of curb to the right-of-way. 5. Existing private storm drain easement per Parcel Map 11105 shall be vacated. Printed:3/10/2015 �.CltyofRC.us Page 3 of 10 Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. B. Engineering Services Department 6. 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 f.-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. 7. Lots A, B and C shall be maintained by the City. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the Engineering Services Department for review and approval prior to final map approval or issuance of building permits. It shall be consistent with existing adjacent LIVID areas. 8. Public improvement plans shall be 90 percent complete prior to issuance of grading permits. Public improvement plans shall be 100 percent complete, signed by the City Engineer, and an improvement agreement and bonds executed by the developer, prior to building permit issuance. 9. Since all sidewalks are curb adjacent, no street trees will be required. 10. Sidewalk on the east edge of Kenyon Park, shown to be relocated 10 feet from the tract boundary to accommodate the proposed perimeter wall, shall be coordinated with the City's Park Development Section. 11. 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. 12. 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. 13. The developer shall be responsible for the relocation of existing utilities as necessary. 14. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, 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. 15. Public landscape areas are required to incorporate substantial areas (40 percent) of mortared cobble or other acceptable non-irrigated surfaces. 16. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. Panted:3/10/2015 �.Cityo(RC.uS Page 4 of 10 Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. B. Engineering Services Department 17. Construct the following perimeter street improvements including, but not limited to: 'A" Street Curb & Gutter A.C. Pvvement Sidewalk Drive Approach Street Lights 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. 19. 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. Pnnled:3/10/2015 w .CllyofRC.uS Page 5 or 10 Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. B. Engineering Services Department 20. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be_ submitted.. to,..th_e-. Engineering _Services Department for review- and approval -prior to final -.map - -- approval or issuance of Building Permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District:: Los A, B and C 21. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 22. 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. 23. Construct the following perimeter street improvements including, but not limited to: Grimaldi Road Curb& Gutter A.C. Pavement Sidewalk Drive Approach Street Lights 24. Construct the following perimeter street improvements including, but not limited to: Kenyon Way Access Ramps 25. All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. 26. 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. Printed:3/10/2015 w .CityofRC.u6 Page 6 0110 Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. B. Engineering Services Department 27. Construct the following perimeter street improvements including, but not limited to: Lark Drive Curb& Gutter A.C. Pavement Sidewalk Drive Approach Street Lights 28. 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. 29. 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. 30. 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. Kenyon Way Botanical Name- Eucalyptus nicholii Common Name- Nichol's Willow-leafed Peppermint Min. Grow Space- 5' Spacing - 35' O.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. E. Grading Section 1. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. Printed:3/70/2015 �.CityofRC.us Page 7 of 10 Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. E. Grading Section 2. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding ,5,000 cubic yards prior to issuance of a,-grading permit. -The grading agreement- and- bond----•- -- shall be approved by the Building and Safety Official, 3. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 4. 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 about grading 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. 5. 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. 6. The Water Quality Management Plan (WQMP) shall include a copy of the project Conditions of Approval. 7. The Preliminary Water Quality Management Plan (WQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project-specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 8. 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. 9. 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. 10. 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. 11. 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. Pnnted:3/10/2015 a .CityofRC.us Page 8 of 10 Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. E. Grading Section 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 18. 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. 19. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number(WDID). 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. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent 23. 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. 24. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. 25. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. www.CityofRC.us Printed:3/70/2015 Page 9 of 10 Project#: SUBTT18508 CEQA2014-00004, DRC2014-00560, DRC2014-00561, DRC2014-01117 Project Name: 31-lot single-family residential subdivision Location: - 108901104-0000 Project Type: Tentative Tract Map CEQA Review, General Plan Amendment, Specific Plan, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- E. ROJECT:E. Grading Section Printed:3/10/2015 w .CityofRC.uS Page 10 of 10