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HomeMy WebLinkAbout16-04 - Resolutions - TPM 9944 Highland, 112 Unit Residental Care RESOLUTION NO. 16-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 19619, A REQUEST TO SUBDIVIDE A 9.55 ACRE PARCEL INTO TWO PARCELS IN THE LOW (L) RESIDENTIAL DISTRICT, ON THE NORTH SIDE OF HIGHLAND AVENUE, BETWEEN ARCHIBALD AVENUE AND HERMOSA AVENUE, LOCATED AT 9944 HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0201-055-49. A. Recitals. 1. The applicant, SRM Development, filed an application for the approval of Tentative Parcel Map No. 19619, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On the 13th day of January 2016, 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 13, 2016, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the 9.5 acres of land, basically a rectangular configuration, located on the north side of Highland Avenue. Said property is currently designated as Low Residential; and b. The project site is approximately 637 feet from east to west, and approximately 652 feet from north to south and is presently improved with the Highland Avenue Community Church and School; and c. To the north and east of the site are single-family homes, immediately to the west of the project site is a San Bernardino County flood control channel (partially underground) and beyond that are multi-family homes, and to the south is the 210 Freeway; and d. The project was designed to be architecturally compatible with the design of the existing residential structures to the north, east, and west, and the adjacent church buildings. The design of the proposed building utilizes building massing and architectural features (i.e., stucco PLANNING COMMISSION RESOLUTION NO. 16-04 SUBTPM19619 — SRM DEVELOPMENT January 13, 2016 Page 2 exterior, tile roof, balconies, etc.) to ensure architectural compatibility with the surrounding community; and e. The related Development Code Amendment DRC2015-00555 proposes to amend the Development Code to permit Residential Care Facilities in the Low (L) and Low- Medium (LM) Residential Districts subject to the approval of a Conditional Use Permit; and f. The related Design Review DRC2015-00165 proposes the development of a 112-unit Residential Care Facility on 4.07 acres in the Low (L) Residential District; and g. The related Conditional Use Permit DRC2015-00166 proposes the development of a 112-unit Residential Care Facility on 4.07 acres in the Low (L) Residential District; and h. The related Tree Removal Permit DRC2015-00174 proposes the removal of 35 non-heritage trees. The 35 trees will be replaced with a minimum of 35 trees with a minimum 15- gallon size tree; and i. The proposed project meets or exceeds all Development Code standards. As conditioned the Residential Care Facility will meet all applicable Development Code standards. 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 Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The Tentative Parcel Map is not likely to cause serious public health problems; and f. The design of the Tentative Parcel Map 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. 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 and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: • PLANNING COMMISSION RESOLUTION NO. 16-04 SUBTPM19619 — SRM DEVELOPMENT January 13, 2016 Page 3 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; and. 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; and 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program 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 in the Conditions of Approval, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is contingent upon City Council approval and enactment of Development Code Amendment DRC2015-00555. 2) Approval is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impacts for the project and the Mitigation Monitoring Program and all mitigations contained therein. 3) All applicable Conditions of Approval as contained in Resolution No. 16-02 approving DRC2015-00165, shall apply. PLANNING COMMISSION RESOLUTION NO. 16-04 SUBTPM19619 — SRM DEVELOPMENT January 13, 2016 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: S _` _ . . Ravenel Wimberly, Chairman ATTEST: C ,� Candyce rnett, 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 13th day of January 2016, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER ABSTAIN: COMMISSIONERS: NONE • • 4. Conditions of Approval RANCHO Community Department Development De cUCAMONCA _ P P Project#: SUBTPM19619 Project Name: Merrill Gardens at Rancho Cucamonga Location: 9944 HIGHLAND AVE - 020105549-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. All applicable Conditions of Approval as contained in DRC2015-00165, shall apply. 2. Approval is for the subdivision of a 9.55 acre site into two lots. Parcel 1 is a 4.07 acre parcel for the Merrill Gardens facility, and Parcel 2 is a 5.43 acre parcel for the existing Highland Avenue Community Church and School. Standard Conditions of Approval • 3. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 4. 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. 5. Approval of Tentative Parcel No. 19619 is granted subject to the approval of Development Code Amendment DRC2015-00555, Design Review DRC2015-00165, and Conditional Use Permit - DRC2015-00166. 6. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, 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. 7. 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 $2,260.25. 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. 8. This tentative parcel map 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. 9. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. www.cityofRC.us Printed:1/5/2016 Project#: SUBTPM19619 Project Name: Merrill Gardens at Rancho Cucamonga Location: 9944 HIGHLAND AVE - 020105549-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 10. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang (e.g., over a curb stop). 11. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 12. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 13. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 14. 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. 15. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department(RCFD) Standards. 16. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and Engineering Services Department approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 17. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and Development Code regulations. 18. 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. 19. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800) prior to the issuance of Building Permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 20. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. wrwv.cityofRC.us Printed:1/5/2016 Page 2 of 6 Project#: SUBTPM19619 Project Name: Merrill Gardens at Rancho Cucamonga Location: 9944 HIGHLAND AVE -020105549-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 21. 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. 22. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 23. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. Engineering Services Department Please be advised of the following Special Conditions 1. Highland Avenue frontage improvements to be in accordance with City "Collector" standards as required and including: a. Widen the south side of Highland Avenue to 22 feet, measured from the centerline to face of curb, from about 240 feet east of the east property line to about 125 feet west of the west property line. Tree removal and replacement subject to Planning Division review. b. Protect existing curb and gutter and sidewalk on the north side, or repair as required. c. Protect existing street lights. d. Provide a signing and striping plan. e. Install street trees and curbside drain outlets per City standards. f. The drive approach shall have a minimum width of 35 feet, per City Std. 101, Type C. 2. The existing overhead utilities (telecommunications and electrical, except for 66 kV electrical) on the project side of Highland Avenue shall be under-grounded from the first pole off site east of the east project boundary to the first pole off site east of the west project boundary, prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing Highland Avenue shall be under-grounded at the same time. 3. A permit from the San Bernardino County Flood Control District is required for Fire District emergency access or any work within its right-of-way. 4. Off site easements necessary to construct the proposed fire access shall be obtained prior to final map approval or issuance of building permits, whichever occurs first. Standard Conditions of Approval www.CityofRC.us Printed:1/5/2016 Page 3 of 6 Project#: SUBTPM19619 Project Name: Merrill Gardens at Rancho Cucamonga Location: 9944 HIGHLAND AVE -020105549-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 5. 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. 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 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD-2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. 7. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. 8. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 33 total feet on Highland Avenue 9. 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. 10. 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. 11. Construct the following perimeter street improvements including, but not limited to: Highland Avenue A.C. Pavement Drive Approach Street Trees 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. www.CityofRC.us Printed:1/5/2016 Page 4 of 6 11 Project#: SUBTPM19619 Project Name: Merrill Gardens at Rancho Cucamonga Location: 9944 HIGHLAND AVE - 020105549-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. 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. 14. 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. Highland Avenue Botanical Name - Lagerstroemia hybrid "Tuscarora" Common Name - Pink-Red Crape Myrtle Min. Grow Space -2' Spacing -20' O.C. Size 42" Box 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. 15. The developer shall be responsible for the relocation of existing utilities as necessary. www.cityofRC.us Printed:1/5/2016 Page 5 of 6 Project#: SUBTPM19619 Project Name: Merrill Gardens at Rancho Cucamonga Location: 9944 HIGHLAND AVE - 020105549-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 16. 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. 17. 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. www.cityofRC.us Printed:1/5/2016 Page 6 of 6