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HomeMy WebLinkAbout2012/10/10 - Agenda Packet - HPC / PC • 44 a 6 stlea • +` THE CITY OF RANCHO CUCAMONGA h L�,�.� MEETINGS OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION OCTOBER 10, 2012 Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California ' . I: ' CALL TO ORDER - " I Pledge of Allegiance • Roll Call Chairman Howdyshell -. Vice Chairman Fletcher_ . Munoz _ Wimberly _ Oaxaca ( , II. PUBLIC COMMUNICATIONS ; I This is the time and place for the general public to address the Historic Preservation Commission or the Planning Commission listed or not listed on the agenda. State law prohibits the Historic Presentation Commission or the Planning Commission from addressing any issue not previously included on the Agenda. The Historic Presentation Commission or the Planning Commission may receive testimony and set the matter fora subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. "III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION Approval of minutes dated September 26, 2012 • HISTORIC PRESERVATION COMMISSION S Ara U AND PLANNING COMMISSION AGENDA RANCHO OCTOBER 10, 2012 CUCAMONGA Page 2 IV. CONSENT CALENDAR/PLANNING COMMISSION • Approval of minutes dated September 26, 2012 IV. PUBLIC HEARINGS/PLANNING COMMISSION I The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. TENTATIVE PARCEL MAP SUBTPM19367-JONATHAN C. CURTIS—A request to subdivide one lot into one numbered parcel, one remainder parcel, and one lettered lot 3.46 acres of land within the Very Low (VL) • Residential District of the Etiwanda North Specific Plan, located at 13830 Blue Sky Court -APN: 0226-081-17. Related file: Tentative Tract Map SUBTT18823. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines since the division is less than four parcels, is consistent with the General Plan and was not involved in a division of a larger parcel in the previous two years. The project is categorically exempt under section 15315 (Minor Land Division) of the California Environmental Quality Act. B. DEVELOPMENT REVIEW DRC2012-00801 - LVD RANCHO CUCAMONGA, LLC-A review of eight (8) single-family homes that will be constructed in conjunction with a previously approved subdivision of a parcel of about 83,000 square feet (1.91-acre) in the Low Medium (LM) Residential District, within the Etiwanda Specific Plan located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the 1-15 Freeway - APN: 0227-012-24. Related file: Minor Exception DRC2012-00802 and Tentative Tract Map SUBTT18826. A Mitigated Negative Declaration of environmental impacts was adopted for Tentative Tract Map on June 13, 2012 by the Planning Commission. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. • • , HISTORIC PRESERVATION COMMISSION 4. AND PLANNING COMMISSION AGENDA RANCHO OCTOBER 10, 2012 CUCAMGNGA Page 3 1 C. MINOR EXCEPTION DRC2012-00802 - LVD RANCHO CUCAMONGA, LLC - A request for a 10 percent reduction in the required rear yard setback for the proposed houses on Lots 1 and 5 of a previously approved subdivision of a parcel of about 83,000 square feet (1.91-acre) in the Low Medium (LM) Residential District, within the Etiwanda Specific Plan located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the 1-15 Freeway - APN: 0227-012-24. Related file: Development Review DRC2012-00801 and Tentative Tract Map SUBTT18826. VI. ' •COMMISSION CONCERNS/IIISTOITIC.., PRESERVATION AND PLANNING COMMISSION • I VII. .ADJOURNMENT, , I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 4, 2012, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. laIf you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak,given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and • speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. a PLANNING COMMISSION AGENDA • ki OCTOBER 10, 2012 Lz.M� OCTOPa e 4 RANCHO 9 CUCAMONGA- If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office • and must be accompanied by a fee of$2,216 for maps and $2,328 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at www.CitvofRC.us • Vicinity Map • Historic Preservation and Planning Commission Meeting October 10 , 2012 B and C A �..� I I"" I---I i m a N m es Fr,d a 'd E ° m i C t I R E S f0 d I i "`-¢ o _ i) 0 il CDC in _t 1ssi 1, it .1 Mil r Base Line j i ! Base Line i rr: C Church ' A °oothill�� r. . Foothill Arrow �- _ a = e Arrow L. Jersey r 3 8th o 2° uJ _ G) Cr w ° N r N t9 6th € ; J 6th W N 4th = _ g- 4th • * Meeting Location: City Hall 10500 Civic Center Drive r. • MINUTES OF Si,I THE CITY OF RANCHO CUCAMONGA 4w. MEETINGS NGS OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION September 26, 2012 Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California ., I. 'CALL TO`ORDER .. . I • Pledge of Allegiance 7:02 PM Roll Call Chairman Howdyshell A Vice Chairman Fletcher X Munoz X Wimberly X Oaxaca X Additional staff in attendance: Candyce Burnett, Senior Planner; Jeff Bloom, Deputy City Manager; Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary;Tabe van der Zwaag,Associate Planner; Mayuko Nakajima,Assistant Planner. H. PUBLIC COMMUNICATIONS f Ed Dietl, 7576 El Arco, commented on the new format of agenda and asked for clarification regarding the Commission Concerns section. Steven Flower, Assistant City Attorney, responded that this section is reserved for the individual commissioner comments, much like Council has at the end of their meetings whereby they may report events they attended, upcoming items they would like to discuss, etc. • III. . CONSENT CALENDAR%PIISTORIC PRESERVATION COMMISSION Approval of minutes -August 22, 2012 I a-,t HISTORIC PRESERVATION AND PLANNING Lh; COMMISSION MINUTES ai RANCHO September 26, 2012 CUCAMONGA Page 2 Approved: Moved by Munoz, seconded by Wimberly, passed 3-0-1-1 (Oaxaca abstain, Howdyshell absent). IV. CONSENT'CALENDAR/PLANNING COMMISSION,' • Approval of minutes - August 22, 2012 Approved: Moved by Munoz, seconded by Wimberly, passed 3-0-1-1 (Oaxaca abstain, Howdyshell absent). V. 'DIRECTOR'S'REPORTS/HISTORIC PRESERVATION. . • COMMISSION A. AN ORAL UPDATE ON THE STATUS OF THE CHINATOWN HOUSE LOCATED AT 9591 SAN BERNARDINO ROAD. • Mayuko Nakajima, Assistant Planner, presented the staff report and noted that CVWD has obtained 3 quotes to document the building, construct a monument and demo the property. The consultant's scope of work includes a detailed architectural description, scaled plan drawings, photo record, and a compiled history of the property. High quality digital cameras will be used for the photographs. The consultant maintains the importance of the Chinatown House is of local or regional significance and it was constructed after its time of significance (after a major fire in 1919). CVWD has a RFQ to demo the structure and to salvage 3 pallets of bricks. In response to Vice Chairman Fletcher, there is no specific timeline as Staff is requesting a letter from CVWD stating they will comply with the recommendations and salvage before moving forward. Commissioner Munoz expressed an interest in the item being brought forward to the Commission again before any demolition takes place. In response to Commissioner Munoz, Steven Flower, Assistant City Attorney noted that if the Building Official red tags the property because of safety issues, it is not required to be brought back for approval by the Commission, but based upon the CRM Tech report, it will be brought back to the Commission for informational purposes. VI. DIRECTOR'S REPORTS/PLANNING COMMISSION • • I B. AN ORAL UPDATE ON THE PARKING LOT IMPROVEMENTS LOCATED AT 10565 CIVIC CENTER DRIVE. Jeff Bloom, Deputy City Manager, noted that the owners agreed to remove the chains attached to the • bollards. Staff determined the striping was essentially the same as the original and the 'dead ends' which were caused by the chains are now removed. He said the speed bumps may remain as the City • V HISTORIC PRESERVATION AND PLANNING LJ COMMISSION MINUTES RANCHG September 26, 2012 CUCAMONGA Page 3 did not take issue with them as they are on private property and to remove them could create more issues. He said the speed bumps should not create problems for handicapped Commissioner Wimberly agreed that to remove the bump might create new problems. He said it is now a better travel zone overall. • VII. PUBLICHEARINGS/PLANNING.COMMISSION The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. C. DESIGN REVIEW DRC2012-00646-BEAZER HOMES- Site Plan and architectural review of 55 single-family residences related to Development Review DRC2010-00960 and • SUBTT18804 located at the southwest corner of Archibald Avenue and 6th Street within the Low Medium (LM) Residential Development District-APN: 0210-062-08. On September 15, 2011, a Mitigated Negative Declaration was adopted by the Planning Commission for Development Review DRC2010-00960 and Tentative Tract Map SUBTT18804. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. Tabe van der Zwaag, Associate Planner, presented the staff report and a brief PowerPoint presentation (copy on file). Chairman Munoz said with respect to the design that staff pointed out blank wall planes and they were noted as a problem in two bullet points in the DRC agenda comments. He said the Committee determined that none of the changes/additional elements needed to be done. He referred to Development Code Section 17-120, 030. He said the issue of 360 degree architecture does not seem to be addressed per staff's recommendation. He asked how that happened in that some of the proposed plans look a bit like the "don't do this" example shown in the Code. Mr. van der Zwaag said this was an issue on the single-story plans in the long wall planes but on the 2- story plans it was provided. Commissioner Munoz confirmed that the requirement of 360 degree architecture is still in place. Mr. van der Zwaag said that it is. • Commissioner Wimberly also expressed concern about the long plane walls. He said he did not see punch outs and areas were noted as appearing blank like a movie screen. • I HISTORIC PRESERVATION AND PLANNING +`�. COMMISSION MINUTES RANCHO R o September 26, 2012 jj CUCAMONGA Page 4 • Vice Chairman Fletcher noted that the height of the walls may block some of this. He suggested to let staff and the applicant address those concerns. Commissioner Wimberly noted that even if the view is blocked by walls, it does not preclude the requirement for 360 degree design. Mr. van der Zwaag said it was brought up to the Design Review Committee at the time and they found it acceptable. Brian Bergeron, 1800 Imperial Hwy, Brea said on the garage side there is no treatment but there is a courtyard treatment on both sides. Commissioner Munoz asked Mr. Bergeron if he understands that the concept of 360 degree architecture means design all the way around. Mr. Bergeron answered affirmatively. Vice Chairman Fletcher opened the public hearing. • Doug Van Stryland 9632 Elmwood Drive reported his home backs up to the south wall which backs up to the planned pool for the new development. He said he has a major problem with the location of the pool and the proposed double-wall situation. He said he does not want a pool behind his house and he did not understand why the pool is so close to the neighboring community rather than the middle of its own community. He said the proposed wall is considerably higher than what is there now. Mr. van der Zwaag reported that the pool location came up at DRC and then the Planning Commission found it acceptable a year ago. He said staff checked the mailing list and Lewis sent out notices to all the property owners. He said they planned to demolish the wall and then a dispute came about as some homeowners asked for extravagant changes and most of the owners that responded did not want the old wall removed because of landscape improvements on their side of the wall. Staff asked for a good faith effort to replace the wall and if there was no agreement, they could build a double wall situation. He said at some points, the wall will be 1.5 and 2.5 feet taller than what currently exists; there would be an approximate 4-5-inch gap between the old and new walls; they would match the slump stone of the current wall. He said he believes the homeowners or the HOA would be responsible f or the maintenance of the space in between the wall and the south property line; no HOA P P Y is currently in place and none of the homes are yet sold. He said Lewis made a good faith effort to get all the homeowners to agree-this was the choice of the majority of them. Mr. Bergeron said Lewis made a good faith effort but could not get agreement from 4-5 owners-on the drainage easement. Commissioner Oaxaca asked if it was understood they would all agree to demolish the existing wall. • • Mr. Bergeron said, it was understood because the entire wall would have to come down. • • • , , HISTORIC PRESERVATION AND PLANNING COMMISSION MINUTES RANCHO September 26, 2012 CUCAMONGA Page 5 Lucy Limemura, a resident on Sunglow Court expressed concern about noise that would come from the pool. She said she was invited to the neighborhood meeting but could not attend. Vice Chairman Fletcher asked if this pool was discussed. Mr. Bergeron said the project was entitled prior by Lewis. He indicated Beazer Homes was not made aware of the pool issue prior to Beazer acquiring the project. He said there will be rules re: noise, music etc. at the pool and this was raised at the neighborhood meeting. He said Beazer became aware of it a few weeks ago. He noted that the meeting tonight is only to discuss the home designs. He said there will be a separation of about 25 feet from the pool area to the wall. He confirmed the wall is 6-7 feet in height and they could consider adding more trees. He said to make the existing wall higher with more courses may require re-engineering to bear the load or a tear down of the entire wall which the homeowers do not want. Mr. Van Stryland said he has a copy of the document regarding the removal of the wall that he signed • with Lewis Homes and now he is asking Beazer to move the pool as he will have a tall wall that appears as a 10 foot wall from his side. He said it is not true that the homeowners did not agree. He said he attended the neighborhood meeting and told Lewis not to put the pool there; he suggested it be located at the center of the tract. Chnt Soont said he lives to the south and he attended the neighborhood meeting and confirmed that the developer was asked not to put the pool in that location. Vice Chairman Fletcher closed the public hearing. Steven Flower, Assistant City Attorney confirmed that the only question before the Commission is the design of the house product; the Planning Commission cannot attempt to modify the prior approval for the tract layout or design review. He said if there are issues with the design, the Commission can ask staff to monitor it and see if measures can be taken. He said the prior approval is fully entitled. Commissioner Munoz asked what the alternatives are with the pool and wall; give staff the opportunity to review the history and the conditions in place and if there is an issue, action can be taken at the staff level. He said there is nothing the Commission can do at this point as the tract map is already approved. Vice Chairman said if it becomes an issue, then the City can deal with it then-there are some remedies. Commissioner Munoz commented on the design review. He said although the designs look pretty • good from the street he is concerned that we need to be mindful of the Code and not relax or even not address it. He said it should be clear as to why it was not addressed. He said the 360 architecture was not addressed and there should be a reason why it was determined not to be addressed. He said the applicant did work with the City but he believed there was more to do on some elevations. �, HISTORIC PRESERVATION AND PLANNING COMMISSION MINUTES RA RA NCHO September 26, 2012 CUCAMONGA Page 6 Commissioner Wimberly concurred about the 360 degree architecture-he said moving forward we should use the rule in place. He said there are some things the developer needs to do but it looks good from the street. Commissioner Munoz directed his comments to Mr. Van Stryland and said he would like to address this issue. He said the Commission is concerned. He said the pool is already approved and therefore can't deal with that now; if there is a problem later, it can be brought back. He said the only thing the Commission can act on is the design of the homes. Vice Chairman Fletcher said tonight's action is based on the design review of the homes. He said he was not aware of the issue with the walls or the pool. He said the developer will have to deal with this. He said when Lewis first proposed the plan he liked it; it has some creative aspects and a different product mix. He said that some of the elevations were discussed at the DRC need treatment but it is more difficult to get it on the sides as the space is tight. He said we strive for 360 degree architecture, but mostly in the front and back and sides if they are visible from the street. He said he is in favor of the project. Commissioner Oaxaca asked if we are asking staff or the developer to look at more mitigation with • respect to the pool noise or the promise/agreement for the walls. Mr. Flower said he would work with staff on these issues; the actions of the prior approval will be consistent with the walls and they will have to keep the noise issue in mind as the development comes about. Vice Chairman Fletcher said the developer heard the concerns and the Commission expects them to do what is necessary to mitigate those concerns. MOTION: Moved by Oaxaca, seconded by Wimberly, to adopt the Resolution approving Design Review DRC2012-00646. Motion carried 4-0-1 (Howdyshell absent). Commissioner Munoz recused himself from hearing the following item for reasons of a possible conflict of interest as he is employed in the field of communications with AT&T, a direct competitor of Verizon. D. CONDITIONAL USE PERMIT DRC2012-00598 - VERIZON WIRELESS - Site and architectural review of a 57-foot tall wireless communication facility at a commercial center located at the northeast corner of Carnelian Street and 19th Street within the Neighborhood Commercial Development District at 8710 19th Street - APN: 0201-221-45. Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 3 (CEQA Guidelines Section 15303) exemption which covers the installation of small new • • equipment and facilities in small structures. Tabe van der Zwaag, Associate Planner, presented the staff report and a brief PowerPoint presentation (copy on file). I • HISTORIC PRESERVATION AND PLANNING COMMISSION MINUTES LR NCHG September 26, 2012 CUCAMONGA Page 7 Vice Chairman Fletcher opened the public hearing. Mike Hayes, 8390 Maple Place stated he is an agent for Verizon. He said it is a good location next to the freeway in a tower that is below grade. He said he is pleased with the concept and should be attractive. Vice Chairman Fletcher closed the public hearing. MOTION: Moved by Wimberly, seconded by Oaxaca , to adopt the Resolution approving Conditional Use Permit DRC2012-00598. Motion carried 3-0-1-1 (Munoz abstain, Howdyshell absent) : .VIII. COMMISSION;CONCERNS/HISTORIC PRESERVATION AND PLANNING'.COMMISSION ' , • Vice Chairman Fletcher commented on the new agenda format. Steven Flower,Assistant City Attorney, noted that the public comment section is now consolidated and the order of items has been changed for a more streamlined meeting that is similar to the City Council format. Jeff Bloom, Deputy City Manager noted that the new format still offers some separation of Historic and regular Planning Commission items. He suggested this format can be adjusted in the future if needed. IX. .ADJOURNMENT? 8:10 PM • • STAFF REPORT ( it PLANNING DEPARTMET L DATE: October 10, 2012 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development BY: Steve Fowler, Assistant Planner SUBJECT: TENTATIVE PARCEL MAP SUBTPM19367 - JONATHAN C. CURTIS - A request to subdivide one lot into two on 3.46 acres of land within the Very Low (VL) Residential District of the Etiwanda North Specific Plan at 13830 Blue Sky Court - APN: 0226-081-17. Related file: Tentative Tract Map SUBTT18823. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA .Guidelines since the division is less than four parcels, is consistent with the General Plan and was not involved in a division of a larger parcel in the previous two years. The project is categorically exempt under section 15315 •(Minor Land Division) of.the California Environmental Quality Act. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Parcel • Map SUBTPM19367 through the adoption of the attached Resolution of Approval with Conditions. PROJECT AND SITE DESCRIPTION: A. Project Density: B. Surrounding Land Use and Zoning: North - Vacant Land — Very Low Residential, Etiwanda North Specific Plan South - Vacant Land and Single-Family residence — Very Low Residential, Etiwanda North Specific Plan . East - Single-Family residence - Very Low Residential, Etiwanda North Specific Plan West - Vacant Land and Flood Control Basin — Very Low Residential, Etiwanda North Specific Plan • C. General Plan Designations: Project Site —Very Low North - Very Low Residential South - Very Low Residential East - Very Low Residential West - Very Low Residential D. Site Characteristics: The puzzle-shaped 3.46-acre parcel is located on the west side of Wardman Bullock Road in the Very Low Residential District of the Etiwanda North Specific Plan, located at 13830 Blue Sky Court. The site has vacant land and the flood control basin to the west; vacant land to the north; single-family residences to the east; and partially built • single-family homes to the south. The site generally slopes from north to south. Item A PLANNING COMMISSION STAFF REPORT SUBTPM19367 —JONATHAN C. CURTIS October 10, 2012 Page 2 • ANALYSIS: A. General: The site falls within the Etiwanda North Specific Plan, in the Etiwanda Highlands themed neighborhood plan. The proposed subdivision consists of a lettered lot, one numbered parcel, and one remainder parcel. Tentative Parcel Map SUBTT19367 is being subdivided so that the newly-constructed house on it can be placed on the market (Parcel 1), and the remainder parcel retains future development potential. The remainder parcel of the subdivision will be 2.84 acres and a lettered lot of .07 acre which is part of the public right-of-way on Wardman Bullock Road. Tentative Tract Map (SUBTT18823) has • also been submitted for the subdivision of the remainder parcel and the two additional rectangular.lots of approximately 4.85 acres each, located to the south of proposed Parcel Map SUBTPM19367. A Conceptual Master Plan for the remainder parcel is also proposed in • the event the Tentative Tract SUBTT18823 map does not receive approval. Parcel 1 with the existing single-family dwelling unit will be 24,110 square feet. This parcel and house is a remainder of Parcel Map 15550 that was reviewed and approved .by the County of San Bernardino. The parcel meets the required average width of 90 feet and minimum depth 150 feet. The block wall on the north .tract boundary of the proposed parcel map is also a part of Tentative Tract Map SUBTT18823 which requires a Minor Exception to increase the height of the wall from 6 feet to 8 feet as part of the Fire Protection Plan. That Minor Exception will • be processed with Tentative Tract Map SUBTT18823. Access to the parcels is taken from the private street Blue Sky Court which merges into Wardman Bullock Road. The perimeter wall along Wardman Bullock Road has already been constructed and matches the community walls in the area. The future product will have to conform to the Etiwanda North Specific Plan. B. Desiqn Review Committee: The project was reviewed on August 14, 2012, by the Design Review Committee (Fletcher, Oaxaca, and Burnett). At the meeting, the Committee reviewed the proposed subdivision and recommended approval. C. Technical Review Committee: The Technical Review Committee reviewed the project on August 14, 2012, and recommended approval subject to the Standard Conditions outlined in the attached Resolution of Approval. D. Environmental Assessment: The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under as a Class 15 exemption under State CEQA Guidelines Section 15315 (Minor Land Division) because the subdivision is fewer than four parcels, it conforms with the General Plan and zoning, no variance or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division in the past two years, the parcel does not have any slopes greater than 20 percent and there is no substantial evidence that the project may have a significant effect on the environment. • A-2 PLANNING COMMISSION STAFF REPORT SUBTPM19367 — JONATHAN C. CURTIS • October 10, 2012 Page 3 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. Res•ectfully submitted, • fi �ff - A. loom . 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F-44 I' 0 ,.. 1' EXHIBIT C A-6 • RESOLUTION NO. 12-42 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19367, A RESIDENTIAL SUBDIVISION OF LAND INTO ONE NUMBERED PARCEL, ONE REMAINDER PARCEL,AND ONE LETTERED LOT ON 3.46 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT 13830 BLUE SKY COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0226-081-17. A. Recitals. 1. Jonathan C. Curtis filed an application for the approval of Tentative Parcel Map SUBTPM19367,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 October 10, 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly 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 October 10, 2012 , including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on the west side of Wardman Bullock Road, with a street frontage of a puzzle-shaped lot of approximately 90 feet on Wardman Bullock Road and a lot depth at its longest point of approximately 663 feet, and presently has one single-family residence with a majority of the land vacant; and • b. The property to the east, across Wardman Bullock Road of the subject site is developed with single-family residences and is zoned Low Residential; the property to the south is partially developed with a single-family residence and is zoned Very-Low Residential;the property to the west is vacant and just beyond is a flood control basin and zoned Very-Low Residential then west of that is zoned Flood Control, respectively; and the property to the north is undeveloped and is zoned Very-Low Residential; and c. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or • improvements in the vicinity as the subdivision meets all the Development Code requirements; and d. The proposed subdivision falls within the Etiwanda North Specific Plan and is designed in compliance with the approved Development Standards for that Plan; and A-7 PLANNING COMMISSION RESOLUTION NO. 12-42 SUBTPM19367— JONATHAN C. CURTIS October 10, 2012 Page 2 • e. All parcels of the proposed subdivision meet the minimum net average of 25,000 square foot of lot area; and 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 all applicable specific plans by meeting all the applicable minimum requirements of each of the documents; and b. The design or improvements of the tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans as the map complies with the minimum dimensions and sizes of the district in which it is located; and c. The site is physically suitable for the type of development proposed as it is located in a residentially zoned district; 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 as a majority of the parcel has already been graded and improved; and e. The tentative parcel map is not likely to cause serious public health problems as it • involves the division of one parcel into three at the end of an improved private street; 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. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 15 exemption under State CEQA Guidelines Section 15315 (Minor Land Division) because the subdivision is fewer than four parcels, it conforms with the General Plan and zoning, no variance or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division in the past two years, • and the parcel does not have any slopes greater than 20 percent. In addition,there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 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 Standard Conditions, attached hereto and incorporated herein by this reference. • • A-8 PLANNING COMMISSION RESOLUTION NO. 12-42 SUBTPM19367 — JONATHAN C. CURTIS October 10, 2012 • Page 3 Planning Department 1) The subdivision will be developed in accordance with plans on file in the Planning Department, as approved by the Planning Commission. 2) The developer shall provide each prospective buyer of corner lots written notice of maintaining the landscaped parkway. The written notice shall be signed by the prospective buyer prior to the acceptance of a cash deposit on the property. 3) Provide a 5-foot minimum landscape area between the back of the sidewalk and 6-foot block wall on all corner side lots. 4) During all project site excavation and grading on-site, the project contractors shall equip all construction equipment,fixed or mobile,with properly operating and maintained mufflers consistent with the manufacturers' standards. 5) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 6) The construction contractor shall locate equipment staging in areas • that will create the greatest distance between construction related noise sources and noise sensitive receptors nearest the project site during all project construction. 7) Future house product for the subdivision shall adhere to the architectural guidelines of the Etiwanda North Specific Plan. Engineering Department 1) Wardman Bullock Road frontage improvements to be in accordance with City "Collector" standards from the southerly boundary of the Remainder Parcel to the northerly boundary of Parcel 2 of Parcel Map 15550, as required and including: a) Provide curb, gutter, a.c. pavement, street trees, and sidewalk as required. b) Provide 5800 Lumens HPSV street lights. c) Provide traffic striping and signage, as required. d) Post R26 "No Parking" signs on all Wardman Bullock Road frontage. e) Provide transition pavement and striping in existing right-of-way • to the north and south of Wardman Bullock Road. A-9 PLANNING COMMISSION RESOLUTION NO. 12-42 • SUBTPM19367 —JONATHAN C. CURTIS October 10, 2012 Page 4 • 2) Blue Sky Court frontage improvements to be in accordance with City "Local Street" standards as required and including: a) Provide curb, gutter, street trees, sidewalk, and drive approach as required. b) Provide 5800 lumens HPSV street light. c) Provide traffic striping and signage as required. 3) Certificate of Compliance No. 693 for Lot Line Adjustment shall be approved and recorded, prior to approval of map. 4) Process a new Improvement Agreement and Improvement Securities for all improvements on Blue Sky Court (City Drawing 2191 Sheets 1 through 2 and Wardman Bullock Road (City Drawing 2072 Sheets 1 and 3). 5) Tract 16324, at,the north end of Wardman Bullock Road has been conditioned to complete the westerly portion of Wardman Bullock Road all the way to Wilson Avenue. If the Wardman Bullock Road frontage is constructed by others, this developer will be required to pay his fair share of the reimbursement agreement. Grading: • • 1) Grading of the subject property shall be in accordance with the 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. A-10 • PLANNING COMMISSION RESOLUTION NO. 12-42 SUBTPM19367 —JONATHAN C. CURTIS October 10, 2012 • Page 5 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 acquire any required off-site drainage acceptance letter(s) from the adjacent downstream property owner(s) or discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing that the proposed flows do not exceed the existing flows prior to the issuance of a Grading • Permit. 11) It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct a wall on the property line or provide a detail(s) showing the perimeter wall(s) to be constructed off-set from the property line. 12) 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. 13) All slopes shall be a minimum 2-foot off-set from the public right-of-way or adjacent private property. 14) Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. 15) The final Grading and Drainage Plan shall show existing topography a minimum of 100 feet beyond project boundary. 16) 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. • 17) The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit." A-11 PLANNING COMMISSION RESOLUTION NO. 12-42 SUBTPM19367— JONATHAN C. CURTIS October 10, 2012 Page 6 • 18) Prior to the approval of the Parcel Map the applicant shall prepare a Water Quality Management Plan for review and approval by the Building and Safety Services Director or his designee. 19) 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 the 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: 1) The bottom of the over-excavation; 2) Completion of Rough Grading prior to issuance of the building permit; • 3) 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; and 4) 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. • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman • ATTEST: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development A-12 PLANNING COMMISSION RESOLUTION NO. 12-42 SUBTPM19367 — JONATHAN C. CURTIS October 10, 2012 • Page 7 I, Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development 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 10th day of October 2012, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • • A-13 COMMUNITY DEVELOPMENT it foyzik R DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTPM19367 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: JONATHAN C. CURTIS LOCATION: 13830 BLUE SKY COURT—APN: 0226-081-17 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements Completion Date 1. 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. 2. Copies of the signed Planning Commission Resolution of Approval No. 12-42, 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption -$50 X B. Time Limits 1. This tentative tract map or 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. 1 A-14 Project No.SUBTPM19367 • Completion Date C. Site Development 1. 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, Development Code regulations, the Etiwanda North Specific Plan. 2. 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. 3. Occupancy of the facilities shall not commence until such time as all Uniform 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 Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_ submitted for Planning Director review and approval prior to the issuance of building permits. • 5. 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. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. 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. 8. All building numbers and individual units shall be identified in a clear and concise manner, _/ /_ including proper illumination. 9. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed _/_/_ control, in accordance with City Master Trail drawings, shall be submitted for Planning Director review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 10. Local Feeder Trail entrances shall also provide access for service vehicles,such as veterinarians / /_ or hay deliveries, including a 12-foot minimum drive approach. Entrance shall be gated provided that equestrian access is maintained through step-throughs in accordance with Engineering Department Standard Drawing 1006-B and 1007-B. 11. Local Feeder Trail grades shall not exceed 0.5% at the downstream end of a trail for a distance / /_ of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street. Drainage devices may be required by the Building Official 12. Provide a 24-foot by 24-foot or 12-foot by 48-foot corral area in the rear yard adjacent to the Local /_/_ Feeder Trail. Grade access from corral to trail with a maximum slope of 5:1 and a minimum width of 10 feet. 13. For single-family residential development within the Equestrian/Rural Overlay District,at least one _/_/_ model home shall be provided with a constructed 24-foot by 24-foot corral with appropriate fencing. 2 • • A-15 • Project No.SUBTPM19367 Completion Date 14. Where corner side, interior side or rear yard property lines are adjacent to local equestrian trails, _/_/_ construct minimum 6 foot high decorative masonry walls. Decorative masonry shall mean split- face double sided block, 'slump stone'or an alternative material that is acceptable to the Design Review Committee. 15. The Covenants, Conditions, and Restrictions(CC&Rs) shall not prohibit the keeping the equine /_/_ animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors of homeowners' associations for amendments to the CC&Rs. 16. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_/_ Homeowners'Association are subject to the approval of the Planning and Engineering Services Department and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 17. 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. 18. Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling _/ /_ unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision • which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures, or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. • • 19. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall _/_/_ condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 20. Construct block walls between homes(i.e.,along interior side and rear property lines), rather than _/ /_ wood fencing for permanence, durability, and design consistency. 21. Access gates to the rear yards shall be constructed from a material more durable than wood /_/_ gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 22. For residential development, return walls and corner side walls shall be decorative masonry. / /_ 23. 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. • 24. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured /_/_ products. • 3 A-16 Project No.SUBTPM19367 ' Completion Date D. Building Design 1. 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. 2. For all residential development, provide conduit from each unit/lot and a pull box to connect to the / /_ street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB). Plans shall be submitted for Planning Director and Building Official review and approval prior to issuance of building permits. • E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 10 feet wide by 20 feet long. When a side of any parking space abuts _/_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. F. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in / / • the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 /_/_ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater / /_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq.ft. of slope area, 1-gallon or larger size shrub per each 100 sq.ft.of slope area,and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. For single-family residential development, all slope planting and irrigation shall be continuously / /_ maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. 5. Front yard and corner side yard landscaping and irrigation shall be required per the Development / /_ Code and/or Etiwanda North Specific Plan. This requirement shall be in addition to the required street trees and slope planting. 4 • A-17 Project No.SUBTPM19367 Completion Date 6. Landscaping and irrigation systems required to be installed within the public right-of-way on the _/_/_ perimeter of this project area shall be continuously maintained by the developer. • 7. All walls shall be provided with decorative treatment. If located in public maintenance areas,the /_/_ design shall be coordinated with the Engineering Services Department. 8. Tree maintenance criteria shall be developed and submitted for Planning Director review and /_/_ approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 9. Landscaping and irrigation shall be designed to conserve water through the principles of water / /_ efficient landscaping as defined in Ordinance 823 of the Rancho Cucamonga Municipal Code G. Other Agencies 1. 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements 1. Submit five complete sets of plans including the following: _/_/_ • a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size of • service entrance conductors, panel schedules, and single line diagrams; f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number(i.e., SUBTPM19367)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/ /_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to _/ /_ the City prior to permit issuance. • 4. Separate permits are required for fencing and/or walls. / / 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can / /_ contact the Building and Safety Department staff for information and submittal requirements. S 5 A-18 Project No.SUBTPM19367 - Completion Date I. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_• marked with the project file number(i.e., SUBTPM19367). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition,the applicant _/_/_ shall pay development fees at the established rate. Such fees may include, but are not limited to: Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. The applicant shall provide a copy of the School Fees receipt to the Building and Safety Department prior to permit issuance. 3. Prior to issuance of occupancy for a new residential project or major addition,the applicant shall _/ /_ pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee,,Park Fee, Drainage Fee, and Transportation Development Fee. 4. Street addresses shall be provided by the Building and Safety Official after tract/parcel map /_/_ recordation and prior to issuance of building permits. 5. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday / /_ through Saturday, with no construction on Sunday or holidays. • J. New Structures 1. Provide compliance with the California Building Code (CBC/CRC) for property line clearances _/_/_ considering use, area, and fire-resistive constriction. 2, Construction of home must be in accordance with the approved Fire Protection Plan and/ or • Chapter 7A of the CBC; this tract is located in the Very High Fire Hazard Severity Zone (VHFHSZ) 3. Provide compliance with the California Building Code for required occupancy separations. / /_ 4. Roofing material shall be installed per the manufacturer's"high wind" instructions. / /_ 5. The structures in this tract must be equipped with automatic fire sprinklers in accordance with the / /_ approved Fire Protection Plan and The California Residential Code. K. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading / /_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _/ /_ perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan check. 4. The final grading 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, 6 • A-19 Project No.SUBTPM19367 Completion Date 5. A separate grading 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 plan shall be prepared, stamped, and signed by a California registered Civil Engineer. 6. If human remains are discovered on-site before or during grading, no further disturbance shall _/_/_ occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98 and California Health and Safety Code Section 7050.5. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • • • • 7 A-20 4- ° 00 Rancho Cucamonga Fire Protection District Fire Construction Services -. FIRE ,,' STANDARD CONDITIONS THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: _ a. For single-family residential projects in the designated Hazardous Fire Area, the fire hydrant design & installation shall be in accordance to RCFPD Policies & Standards. b. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire.hydrants and mains capable of supplying the required fire flow shall be provided. c. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. 0 FSC-2 Fire Flow 1. The required fire flow for this project will be determined in gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix B, as adopted by the Fire District Ordinances. The Fire flow has been established in the approved FPP 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Fire service plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire service plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FCS-3 Fire Access Roadways Public and private roads shall be improved as approved by the fire district in the Fire Protection plan before an occupancy release can be granted by the Fire District. • A-21 • FSC-4 Hazardous Fire Area This project is located within the "State Responsibility Area" (SRA), the "Very High Fire Hazard Severity Zone" (VHFHSZ), City of Rancho Cucamonga "Hillside District", and/or within the area identified on the • Rancho Cucamonga General Plan, Exhibit V-7 as High Probability-High Consequence for Fire Risk. These locations have been determined to be within the "Hazardous Fire Area" as defined by the Fire District. The Hazardous Fire Area is based on maps produced by the California Department of Forestry as adopted by the RCFPD. 1. Hazard Reduction Plans: The applicant shall prepare a Fire Protection Plan and obtain approval of the plan by RCFPD. The FPP addresses the following: a. Fire protection water supply b. Fire resistive non-combustible roof assemblies c. Fuel Modification by vegetation management - d. Fire District access roadways e. Ignition resistive construction and protection of openings f. Fire sprinkler systems • g. Fire flow criteria h. For construction requirements in the "Hazard Fire Area" refer to the current editions of the CBC Chapter 7A, The California Residential Code, the RCFPD Ordinance, and the • applicable, standards and policies. 2. The architectural plans for the construction of the buildings must be in accordance with the current editions of the CBC Chapter 7A, The California Residential Code, the RCFPD Ordinance, the applicable standards and policies, the County of San Bernardino's Development Code and the approved Fire Protection Plan. 3. Mobile, stationary or portable power-operated equipment in the Hazardous Fire Area shall not be used without the Fire Safety Division's written approval. Specific fire protection measures that may be required to mitigate the hazard include, but are not limited to: a. A stand-by water tender, equipped with a pump, fire hose and nozzle. b. Pre-wetting of the site to avoid the production of sparks between blades or tracks and rocks. c. Conducting a fire watch for a minimum of one-hour following the cessation of operations each day. d. For welding, cutting or grinding work, clear away all combustible material from the area around such operation for a minimum distance of 10-feet. A "hot-work" permit must be obtained from Fire Construction Services prior to cutting, welding or grinding work. e. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one five (5) gallon backpack water pump-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. • 2 A-22 • • FCS-5 Prior to the issuance of a building permit the applicant shall record the approved Fire Protection plan with the county's recorded office. •FCS-6 Prior to the issuance of any Certificate of Occupancy, the property must be inspected and accepted by the Fire District staff. Schedule the inspection with Fire Construction Services at 909-477- 2713. FSC-7 Single-family Residential Sales Model homes require approved Fire District vehicle access and water supply from a public or private water main system before construction. FCS-8 Fire Sprinklers The Current editions of Rancho Cucamonga Fire District Ordinance, the California Residential Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in all Buildings with R and U occupancy fire areas. All structures must be equipped with automatic fire sprinklers in accordance with NFPA 13D, 13R or 13. FCS-9 Annexation of the parcel map: Annexation of the parcel into the Community Facilities District #85-1 or#88-1 is required prior to the issuance of grading or building permits. FSC-10 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the review fee. .Chronoloqical Summary of RCFPD Standard Conditions •PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on- site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire sprinkler monitoring must be installed tested and final by FCS. 5. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 6. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the 3 A-23 • method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 7. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with • noncombustible 4-inch tall numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 8. The Fire Protection Plan: The approved plans shall be recorded with the county recorder's office 9. Vegetation Management: The landscaping shall be installed and/or modified in accordance with approved FPP and or the RCFPD Standard. 10. All requirements of the FPP or the RCFPD Standard must be completed before an occupancy release may be granted. • • • • • • • • 4 A-24 • STAFF REPORT, PLANNING DEPARTMENT `• Li t] Date: October 10, 2012 RANCHO To: Chairman and Members of the Planning Commission CUCAMONGA From: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development By: Mike Smith, Associate Planner Subject: DEVELOPMENT REVIEW DRC2012-00801 - LVD RANCHO CUCAMONGA, LLC - A review of eight (8) single-family homes that will be constructed in conjunction with a previously approved subdivision of a parcel of about 83,000 square feet (1.91 acre) in the Low Medium (LM) Residential District, Etiwanda Specific Plan, located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the 1-15 Freeway - APN: 0227-012-24. Related file: Minor Exception DRC2012-00802 and Tentative Tract Map SUBTT18826. MINOR EXCEPTION DRC2012-00802 - LVD RANCHO CUCAMONGA, LLC - A request for a 10 percent reduction in the required rear yard setback for the proposed houses on Lots 1 and 5 of a previously approved subdivision of a parcel of about 83,000 square feet (1.91 acre) in the Low Medium (LM) Residential District, Etiwanda Specific Plan, located at the south side of Lima • Drive and the west side of East Avenue near the southbound off ramp of the 1-15 Freeway - APN: 0227-012-24. Related file: Development Review DRC2012-00801 and Tentative Tract Map SUBTT18826. RECOMMENDATION: Staff recommends approval of Development Review DRC2012-00801 and Minor Exception DRC2012-00802 by adoption of the attached Resolutions of Approval with conditions. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Single-Family Residences; Low Medium (LM) Residential District, Etiwanda Specific Plan South - Vacant; Office Professional (OP) District, Etiwanda Specific Plan East - Condominium complex; Medium (M) Residential District, Etiwanda Specific Plan West - Single-Family Residences; Low Medium (LM) Residential District, Etiwanda Specific Plan B. General Plan Designations: Project Site - Low Medium Residential North - Low Medium Residential South - Office Professional East - Medium Residential West - Low Medium Residential C. Site Characteristics: The project site is a parcel of approximately 83,000 square feet (1.91 acre) located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the Ontario Freeway (1-15) (Exhibit B). The overall dimensions of the site are • Items B & C PLANNING COMMISSION STAFF REPORT DRC2012-00801 AND DRC2012-00802 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 Page 2 • SUBTT18826). The site is vacant and until very recently, was a drainage basin; it is in the process of being filled with excavated soil originating from an off-site location (Related file: Temporary Stockpile Permit DRC2011-00927). There are numerous trees along the north perimeter of the project site along the Lima Avenue street frontage that will be removed to allow grading and construction (Related file: Tree Removal Permit DRC2011-00927). To the north and west of the project site, are single-family residences (Tract 15912), while to the east, across East Avenue, is a condominium complex (Tract 16335). To the south is a set of vacant properties that are generally bisected diagonally (from northeast to southwest) by the off ramp from the southbound I-15 Freeway to Base Line Road. The zoning of the property and the properties to the north and west is • Low Medium (LM) Residential District. The zoning of the properties to the east is Medium (M) Residential District. The zoning of the properties to the south is Office Professional (OP) District and is currently owned by the City. The subject property and all surrounding properties are within the Etiwanda Specific Plan (Exhibit C). As previously noted, the subject property was a drainage basin; the surrounding topography is generally level with a southerly slope, and the elevations at the north and south perimeter are approximately 1,312 feet and 1,308 feet, respectively. ANALYSIS: A. General: The applicant, LVD Rancho Cucamonga, LLC, proposes to construct eight (8) single-family residences. There will be three (3) distinct footprints — Plans 1, 2, and 3 based on two (2) architectural themes — "Spanish" and "Cottage" (Exhibits E and F). Plan 1 will be single-story, while the others will be two-story. The number of available footprints will comply with Figure 5-4 of the Etiwanda Specific Plan. The houses on Lots 1, 5, and 8 will be single-story, while the houses • on the remaining lots will be two-story. The mix of single- and two-story homes is consistent with the policy adopted by the Planning Commission requiring that 25 percent (minimum) of the proposed houses must be single-story. Furthermore, the proposal to have single-story houses on Lots 1 and 8 will be consistent with Resolution No. 12-24 for Tentative Tract Map SUBTT18826, which includes a condition of approval requiring single-story house product on those lots. Five (5) of the houses will have garages that are set behind the front part of the dwelling in compliance with Section 5.42.606 of the Etiwanda Specific Plan (which only requires that 50 percent of the garages to be oriented or situated in a manner that minimizes its visual presence). Each house will incorporate a variety of materials to varying degrees. A combination of stone veneer and stucco finish will be applied to the Cottage themes. Because of the nature of the theme, the Spanish elevation will be exclusively finished with stucco. The roofing will be either flat or barrel concrete tile. Depending on the theme, there will also be details such as corbels at the roof eaves, decorative trim around the windows and entry areas, window shutters, and decorative garage doors. The architecture of the proposed houses will be the same as that of the houses that were proposed by the applicant and recently approved for construction on the remaining four lots of Tract 16776 (Related file: Minor Development Review DRC2012-00740) located approximately 400 feet to the southwest of the project site. Likewise, the architecture of the proposed houses will match that of the houses that are currently under construction by the applicant at Tract 18806 (Related file: • Development Review DRC2010-01005) located approximately 650 feet to the west of the project site. B. Neighborhood Meeting: A neighborhood meeting was conducted on September 6, 2012, to gather • input and comments from the owners of the surrounding properties within 660 feet of the project B & C- 2 PLANNING COMMISSION STAFF REPORT DRC2012-00801 AND DRC2012-00802 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 • Page 3 site (Exhibit I). This meeting was held in one of the model homes located at 13091 Aviary Drive at Tract 18806. There were three (3) property owners in attendance. They inquired about the expected construction timeframe of the homes, the design compatibility of homes relative to the existing neighborhood, the removal of the existing trees on-site, and the construction of the perimeter walls. The applicant addressed these questions to the satisfaction of the attendees. One of the attendees at the meeting was Mr. Patrick Apodaca, the property owner at 7185 Acorn Place, who was present at the neighborhood meeting held for Tentative Tract Map SUBTT18826 on March 1, 2012. He was interested in the new perimeter wall along the common property line between his property and Lot 1 of the project site. He was pleased that the design of this part of the new wall would be constructed parallel, and adjacent to, the existing property line wall (thereby minimizing disruption of improvements on his property) and would be about 12 feet high as previously discussed at the meeting held on March 1, 2012. Ms. Roxana Rivera, the property owner at 7195 Acorn Place, who was also present at the neighborhood meeting held for Tentative Tract Map SUBTT18826 on March 1, 2012, did not attend this meeting. However, staff has received a written agreement between the applicant and Ms. Rivera that describes the design and construction details for the wall that will be placed along the common property line between her property and Lot 1 of the project site (Exhibit M). The details of this part of the new wall are consistent with the design that was previously discussed at the previous neighborhood meeting. C. Grading and Technical Review Committees: Review and action by the Grading and Technical Review Committees was deemed not necessary as the grading and technical aspects of the project • were previously reviewed and approved (with applicable conditions) by both Committees on March 20, 2012. D. Design Review Committee: The Design Review Committee (Fletcher, Oaxaca, and Burnett) reviewed the application on September 4, 2012 (Exhibit J). The Committee reviewed the proposed houses and accepted them as submitted after concluding that the architecture of each complies with their standards and guidelines, and is consistent with the architecture of the existing homes in the vicinity of the project site. The Committee recommends approval. E. Minor Exception DRC2012-00802: The applicant submitted a Minor Exception for a 10 percent reduction in the required rear yard setback for the proposed houses on Lots 1 and 5 (Exhibit K). Per Figure 5-2 of the Etiwanda Specific Plan, the minimum rear yard setback is 20 feet in the Low Medium (LM) Residential District, Etiwanda Specific Plan (Exhibit L). The applicant proposes a rear yard setback of 18.83 feet and 18.09 feet for Lots 1 and 5, respectively. This will allow the applicant to use the same construction plans that were used at Tract 16776 and 18806. This will minimize the expense of modifying the plans and ensure that the homes within this subdivision match the homes in the aforementioned subdivisions in all practical aspects. As the reduction is in the rear yard setback, the encroachment of the house into the setback will not be observable from public view as seen from Lima Drive. Similarly, the encroachment of the house will not be visible from public view as seen from Base Line Road as there will be a noise attenuating wall along the south perimeter of the project site. The encroachment will be only marginally apparent from the properties to the east and west. As both of the subject lots have a width of 75 feet each, they exceed the minimum width of 60 feet that is required in this development district. The result is a proposed rear yard area of at least 1,350 square feet (18 feet by 75 feet) compared to a required • rear yard area of 1,200 square feet (20 feet by 60 feet). Therefore, the future property owners of Lots 1 and 5 will have practical rear yards. , B & C- 3 PLANNING COMMISSION STAFF REPORT DRC2012-00801 AND DRC2012-00802 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 Page 4 • F. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Negative Declaration on June 13, 2012, in connection with the City's approval of Tentative Tract Map SUBTT18226. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. There have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Negative Declaration. The previously approved subdivision is for the purpose of residential development; this project is consistent with that purpose. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, and will not have more severe effects than previously analyzed. Additional mitigation measures that are required (and listed below) are in response to an Acoustical Analysis that was prepared on July 25, 2012 by Christopher Jean & Associates to determine the specific mitigations that would be necessary to reduce the noise impacts on the proposed single-family residences to a level of less-than-significant. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin • newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No correspondence has been received. Respectfully submitted, Je rey A. Bloom Deputy City Manager/Economic and Community Development JAB:MS/ge • Attachments: Exhibit A - Location Map Exhibit B - Aerial Photo Exhibit C - Site Utilization Map Exhibit D - Site Plan Exhibit E - Elevations Exhibit F - Floor Plans Exhibit.G - Grading Plan and Sections Exhibit H - Landscape Plan Exhibit I - Neighborhood Meeting Summary and Sign-In Sheet Exhibit J - Design Review Committee Action Comments, dated September 4, 2012 Exhibit K - Figure 5-2 (Etiwanda Specific Plan) Exhibit L - Site Plan for Minor Exception DRC2012-00802 • Exhibit M - License Agreement (for the wall between 7195 Acorn Place and Lot 1) Draft Resolution of Approval for Development Review DRC2012-00801 Draft Resolution of Approval for Minor Exception DRC2012-00802 B & C- 4 1 ; • • • • .1. •.... - . • ... el• 1, •:. 1 , .1., • •II ..i. , . •0 ,: .••••as, I f" 1' .., • 1 ,..,,,,,.. 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' rit i IF 91l ?11 ill ill "Hi dli i$ --'S.IIJi r i�FD 11 . p _, ee -gnaw • are oss±oso,e 101 4 ae 0)e6enexs O af a y z j A ! - x 3 e t x ;p 'y .f i,,, 11 S ; 1 y i FF { y { 9 i F'1� B- ∎ [ 3 r55 Y F F 6 I li Si i i G 1 . 1 1 4.3 F C p Ek 2 (l Ilir[ 9 6I fI .� Sy1� 1111111 ' dd NE �- � y 1IaSi 'RFF S^t. 1 r 157 r i d!ar 5 (3 _=l.:i fi x i .,- � ° ir fiiEill y 'i? E '' t ` 54` 'I ! • B & C- 28 Friedman Bairn Neighborhood Meeting Summary CITY OF RANCHO CUCAMONGA Applicant Meeting Attendees: SEP.1 1 2012 Tim Jones, LVD Rancho Cucamonga, LLC RECEIVED - PLANNING Linda Valia, LVD Rancho Cucamonga, LLC Garth Chambers, LVD Rancho Cucamonga, LLC Tabe Van der Zwaag, City Project Planner Notification Method A letter was sent to the property owners within a 660 foot radius of the project inviting them to a neighborhood meeting held on September 6, 2012 from 6pm to 7pm at the Etiwanda Estates models. Attached, is a copy of the invitation sent to those notified along with a copy of the mailing list. Meeting Summary 3 guests attended the neighborhood meeting held on September 6,2012 to discuss the proposed design review of 8 single family homes on what is referred to as the"basin lots". After a project summary was presented,the floor was open to any questions or concerns the attendees had. • 1. Question: What is the anticipated timing for the construction of the homes? Response: We anticipate starting the homes in the 1s`quarter of 2013. The storm drain line and the grading construction will commence in October 2012 so that the work is completed prior to the rainy season. Traffic control will be provided on Lima Dr during the construction of the storm drain connection. 2. Question: Will the Van Daele Estates at Etiwanda homes by the same homes proposed on the basin project? Will the architectural styles blend in with the community? Response: The same three units are proposed on this project. We have chosen architectural themes and a color palette to closely match the existing community. 3. Question: Are the new homes going to be in the adjacent HOA? Response: No,this project will not be included in the adjacent HOA. 4. Question: When will the 1-15 off-ramp be constructed? Response: It is a City controlled project so not sure. The City has told us they would like to start construction in 2013 pending available funding. EXHIBIT I B & C 29 5. Question: Will you be constructed a sound wall? If so, how high? • Response: Yes, a condition to the project requires a 14' wall along the southern boundary and an 8'wall along East Avenue to mitigate noise impacts. In addition,Caltrans will be constructing a sound wall on their future off-ramp. 6. Question: Why has Caltrans reached out to some of the neighbors requesting to appraise their property? Response: We are currently not the owner of the property so we have not seen the letter. We assume the letter is requesting that the adjacent owners sign an Abutters Rights Easement in connection with their interchange project. As we understand it,"Abutters Rights" is an easement that will encumber the adjacent properties to protect Caltrans from any risk exposure associated with the interchange impacts i.e. noise, light,access etc... 7. Question: Will you be removing the eucalyptus trees along the basin frontage? Response: Yes,we will be removing the trees and will replace them with City approved street trees. 8. Question: From the owner of 7185 Acorn Place: How high will the westerly perimeter wall • be in relation to my existing wall and home? Response: The elevation of Lot 1 is approximately 4 to 6 feet higher than your existing pad elevation;therefore,with our 6 foot screen wall,the effective wall height will range from 10 to 12 feet higher than your existing wall. The new wall will be a double wall placed directly adjacent to your existing wall. The homeowner was pleased to hear the wall was going to be that high for privacy reasons. • • B & C- 30 0 i- III , a, im .. L- a w / e ik `1 d • L v 1^ Q- V\ M . • do v I , • a. 1 v U 1 V _\ Qj N \ W t- 0 .V 1 0 O �. Q \\ w mi M _M O y Z Leil it �i JJ/ • C N W W `V�, H Z W L w .4 W N O O i N crZ Z ._. • W > T = e-1 N en O LA to N. CO Of 0 .-1 N T V of LO N en rl rl rl '1 rl rl M 'i Z U W Z z 0 h • O B & C- 31 • • DESIGN REVIEW COMMENTS 7:00 p.m. Mike Smith September 4, 2012 DEVELOPMENT REVIEW DRC2012-00801 - LVD RANCHO CUCAMONGA, LLC - A review of eight (8) single-family homes that will be constructed in conjunction with a previously approved subdivision of approximately 83,000 square feet (1.91 acre) in the Low Medium (LM) Residential District, Etiwanda Specific Plan, located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the Interstate 15 Freeway - APN: 0227-012-24. Related file: Minor Exception DRC2012-00802 and Tentative Tract Map SUBTT18826. Site Characteristics: The project area is a parcel of approximately 83,000 square feet (1.91 acre). The overall dimensions of the site are approximately 645 feet (east to west) by approximately 124 feet (north to south). The site is vacant and until very recently, was a drainage basin with an approximate depth of 15 feet. The site is currently being filled by the applicant with soil (Related file: Temporary Stockpile Permit DRC2011-00927) that was excavated as part of storm drain improvements that are being constructed by the City at a location south of the project site. To the north and west of the project site, are single-family residences (Tract 15912), while to the east, across East Avenue, is a condominium complex (Tract 16335). To the south, is a set of vacant properties that are generally bisected diagonally (from northeast to southwest) by the off ramp from the southbound Interstate 15 Freeway to Base Line Road. The zoning of the property and the properties to the north and west is Low Medium (LM) Residential District. The zoning of the property and the properties to the east is Medium (M) Residential District. The zoning of the properties to the south is Office Professional (OP) Residential District and is •currently owned by the City. The subject property and all surrounding properties are within the Etiwanda Specific Plan. As previously noted, the subject property was a drainage basin; the surrounding topography is generally level with a southerly slope; the elevations at the north and south perimeter are approximately 1,312 feet and 1,308 feet, respectively. General: The applicant proposes to construct a single-family residence on each lot for a total of eight (8) single-family residences. The houses on Lots 1 and 8 will be single-story, while the houses on the remaining lots will be two-story. The mix of one- and two-story homes is consistent with the policy adopted by the Planning Commission requiring that 25 percent (minimum) of the proposed houses must be single-story. The proposal to have one-story houses on Lots 1 and 8 will be consistent with Resolution No. 12-24 for Tentative Tract Map SUBTT18826, which includes a condition of approval requiring one-story house product on those lots. Five (5) of the houses will have garages that are set behind the front part of the dwelling in compliance with Section 5.42.606 of the Etiwanda Specific Plan (which only requires that 50 percent of the garages to be oriented or situated in a manner that minimizes its visual presence). There will be three (3) distinct footprints — Plans 1, 2, and 3. Plan 1 will be one-story, while the others will be two-story. The number of available footprints will comply with Figure 5-4 of the Etiwanda Specific Plan. The architecture of each house is proposed to be the same as the architecture of the houses proposed (and concurrently under review by the City - Related file: Minor Development Review DRC2012-00740) at the remaining 4 lots of Tract 16776, located approximately 400 feet to the southwest of the project site that was approved by the Planning Commission in 2005. Likewise, the architecture of these houses is proposed to match the architecture of the houses (currently under construction - Related file Development Review DRC2010-01005) of Tract 18806, located approximately 650 feet to the west. For •reference, see the attached map that shows the location of these project sites. EXHIBIT J B & C- 32 • DRC ACTION AGENDA • DEVELOPMENT REVIEW DRC2012-00801 — LVD RANCHO CUCAMONGA, LLC September 4, 2012 Page 2 As with Minor Development Review DRC2012-00740, staff supports the applicant's proposal to develop these eight (8) lots with the previously approved model plans. All of the projects identified above are in close proximity and are connected by public streets. Therefore, it is expected that architectural continuity within the neighborhood will be maintained and that the new homes will coordinate with the existing residential development in the vicinity. The addition of these lots with houses that match the appearance of homes in a nearby development will not create a condition where the architecture is overrepresented in the area. The horizontal depth or north to south linear dimension of the footprint of Plan 1 (and Plan 1R) will be 80 feet. Because of this dimension, there will be an encroachment of approximately 2 feet into the required rear yard setback of approximately 2 feet at Lots 1 and 5. The required rear yard setback is 20 feet. The applicant has submitted a Minor Exception application (Related file: DRC2012-00802), which allows for up to a 10 percent reduction in any setback, requesting approval for this encroachment. Although Plan 1 is also proposed on Lot 8, as the lot is larger in all aspects than Lots 1 and 5, there will not be an encroachment into the setback of that lot. The proposal will otherwise comply with all required setbacks. Staff notes to the Committee that the interior side yard setbacks of Lot 1 will be 16.5 feet at the west property line and 8.5 feet at the east property line. This complies with Resolution No. 12-24 for Tentative Tract Map SUBTT18826, which includes a condition of approval requiring that the setbacks on that lot be • 10 feet and 5 feet along the west and east property lines, respectively. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major/Secondary Issues: The following broad design issues will be the focus of Committee discussion regarding this project. None. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion. None. Staff Recommendation: Staff recommends that the project be approved and forwarded to the Planning Commission for review and action. Design Review Committee Action: The project was approved as presented. Members Present: Fletcher, Oaxaca, Burnett Staff Planner Tabe van der zwaag • B & C-33 • , r � t 1 r �L tiinyin� 2!• �j ;�-{ : +":L'. 't �:s` -^- - , ws _ 'e i'E i' .`: ,w Z`� 1 Wit:. "-~ar 4 '.?�.; _• t :qp •,,,;: ) - • ' \anti - ., F •:ragout �['A _• r ,mom • \'b '1:4',...., �v ; { ..{• `z 'in t< • bd 1 j� �' .t(� �t L` F `lte 1 g i7 iV ik .r -�' .G . ,S.r., ;. � L.+• f� '{- 4 r ti S �l �]N r .:--_,,,,,,-at,„1 4 r 1 "i` I. P1 ..t : � � ^: i:• . ." tr'� `Cr-4. ;' 't: tV% .6-1,.,_,.„ - -, fin i ,�4 , ,E Th- .! C I':, .c It rr. �?' �t I La [ 1 _ k y L } y ;, \ JE -,%':':., y ':�r 1 ' - � E�T'�a:...• n L -- > '. 'r l� I?),1--i'•-p-4 " ,•C �*1„ri h i �141 aF " . . �.,.k y : x 1 5'- 1,L ct . mp f > �,'�...t• . 7 14,404_,J,1/4.,..,4-,ce �a k ?liP,::Y S 1 � y,,.. vp•�^sa+;'r.�?°.ice^, e! -i.• m •' •! - s 'APa' '�'" vY�r.�N�K fts 1!?6.:ri J, .:.' 3 :..r•�y; ".� -.-e !ice to [.q,. '. p�'��yy�_ 1 tp �V--(��: �` •. Mgt+ 4Y _'.s1"�C 12 S .{a ..ix T.� +r' St 11.- 1{ > � 4 * d'SS i 5 • 7,-1.%; c• yY L � °� �.q_...,.'� - j.!"� L '1'j,+p�II,�^y, Jr: , ' r! P 1 un ty ys 4P I ' k �, f r� ��p rk61. ' # {' N IL .'� '{ , 3Zt-" 1, i Y ( AI" iC n �l- ;It' -- iiiC 1 u.1 . F-' ' iaii ��.E. �' . y� i s 1 t , :i LZ i@@,p f� 1 m �S p -t , � 4E -v,po 1, tl '`( ' t� -`',`!itl 1-� ✓.• rr�a �Pj. -s-.--; .,:. d 1 - ) 1 u f f/�i(`� j* �' Cj• w_ a,))1 . �,Lr ' F:.-1 ,l� I� ,� •T �• r. �:i. .1j: :+.- 11.ra- �i�. '.. .Qr .. �S':'::.�;>S _' ! CY ., a L�d��.4.T 5� Y �.• •- ll\ ,-.-�••:}xtiT�:. • ,•,� s .-y r r�r• ' A „ .4?:f 2 :t I 1,. -5,%? .'. ii�:... ty `,,i,J; , `^;r' -`s '.'.'y� i•n �. L: ,A 0 v. . ,? d! a i• 3 a 1. s f• ...1. i�,•1''" i�i,) .'- � i :P '_•h^�.;'''•�1:��1:�._a.'.;.b, `, 'la�x,� tY� �'��+`.�'r�C� 11•y,' i ,r, a } 7... 11 •::�•L••r v.�.'..`!�"2� I' �' •I ^-14a>..v�l•.:,.' !����=+, s �L �'`M ':�: J .i!: '..:!',... . .tom: pp T_ ....... .:....._ .. ...... ... ,... . zoa _. .. ........ .... -, . .,,y?,:-•�- ;><: ^ s...` Gear h men [? x:16 .._v:.. .. , 1 , 1 d : , NN IN N i I • \\. ",.. \\,.._ .-LL..1 \\Lbt tr) r-- 27.52' N NN \N N\LL\ 30.84 t ' iL\L C c"! a. o ur iri cci; , o o o o o a o o o o o a ; 1'1 .L117Z l - 0 b u? a_ , .s7 ta; L.r.- 2 0 r 1 i • I a-) rt".. dir . ii.) LI • i : 'V 25' If zo NI? N' 0 I 1 a 1 ...----"I• t I • i . • •. .- al cri R co .9917Z l 3 ,,g.00.0 N c. It J , I N i i I I e . EXHIBIT K B & C-35 • CD .LZ 0 I 0) in f,:I C,/- , , 24.18' i 1 i baaCO.),; 0 I 1 I Co o earn 0 00 ao d o coo el- I , 1 .4... . .U.TZ I. . e E ,. 1 I I i • • - 18.09' _..1- -L_ n••••• - 1 i 1 t• I I 4111 ' i En / ... 1 ------J . • rn cNi r 1 1 • r--- In k9 CO I. 25' 1.....1 6 1 1 I :53 2 -I 1 . r, r , .4,.. ii " i H 0 . 0 . 0 . . 0 . . . I , , I ;:r •[6.,z,. ,, , I 8' tic 1 -t- --91 1 vi o it I '---< 1 1 ; -•c: \\ i 1 I i ' 1 1 i v i 1 ••• 1 : I to N IQ NNTh‘ 27.14' B & C- 36 • • Etiwanda Specific Plan Part II, Chapter 5 BASIC DEVELOPMENT STANDARDS Fig 5-2 ro ; RK VL �'r << LM ffin LM*" AM" Lot Area: ,, Y l� ' M(.4","'".7." . ,� n ikx ar " � .... minimum average 0 a e0; 25,000 1 0 10,000 ;"p,,,'000: 6,000 ;: , 6,0011- f, f .. (in square feet) _ minimum ,*`e t 0 G e,i 20,000 ,' It u s a0 7,200 �t 5,000 14,1" �;11e 1 (in square feet) , yr1 }�y' t .� c ,, %.ui NCI yIi r ( y?er. :x t n 91 i41�?.. . ;1''..i,,,,' 1 Number of DU's ,,1 74c,o 1/20,000 4 : O,D80'4, 117,200 /4' r"(00 1/5,000 tt e0*: . (per lot area in square 9'2, a'+ott, 2 max/lot , pi,� �,a j ', t`Ly feet) �r .-, •�,, A;,z 4 max/lot r �` ,4`: J 4 as �ti. =A ' Y 7M..'; f, n" at, Lot Dimensions: k -r ft pe$� gas.t' tomminimum depth a {, 200' 1( 100 �i7"'' 90' ,_a N-';f, ��" Fly R rC;, :',..4,,:, r 4=',..-A,,. I'I{p f ---. tw.ili' l fi Fyrb<' '� r,'! t' ' iu, r,;� &,: minimum width `- o ; I, 90' u b 60 V ' .. t °� 50'min i.,: 'nil ih (at required vr: u'r ; i'447 J. : .4 o - ( a<� �YS< w k' S0"of i front setback) v' '� may; lots 55' �e , '8'IA Y z . J 5ar. 1/4y?S Y� }�rF�tf"^ S, , • 4y - -'! f lY i5� min. in minimum frontage . r ' 40' ,$ ` 40' . 4 30' „�,. t 0r (at front p.l.) z. c�t� Y 4' 111:-. , ti h�12a ,A.,,,,114:!-,Av. •I'S° a �j ;k r f cY! °4,tr n , 3i f Setbacks: '� w. `� -'r., , w? „ ,' J c err!1 w j .. 1 'f front 1 o , 4 30 $f ��1 25 +� 20'avg. Cr. a rr 'b. 1 . .'tt•:a'..i r% ''5.',..4,174i1 vary±5 r'"v�' 1� •':°'1-i side (street) ' - y 25' • 25 ,5,107..c 15 . '� , , . 3' ,'gt L •}1 i'�''n "&i •i_E'ti`r1,h lt - lt;.' ,t�tR3 Side L 11"x(1 .5' 10/20 isnG ( � J �,fig--' 0'/15 p14. ,17,14k•-•,', 0*/15 c �-$ a�, Total 15xtelti5'' Total 15 �. 3EI5'i'. 10 . building separation 5 ,.° ±Z 15'min. ,�t:'g it ry� y except except r' , x , , whereer ' 4W,'` adjacent adjacent -,1, 2 stones 2 #ones -20'min. 20`iiiin rear r'6,Q' 60' "41,`, '= 20' :20:. 15' 15' :i, '1"',. Lot Coverage 20% 25% 30% 40% 40% 50% 50%. (maximum %) • 5-9 11/01 EXHIBIT L B & C- 37 I • LICENSE AGREEMENT • This LICENSE AGREEMENT ("Agreement") is effective August 13, 2012 ("Effective Date") and is entered into by and between and RBF ASSOCIATES INC, an Illinois corporation, or its assignee("Licensee"), and Rozana and Juan Rivera, individuals ("Licensor"), with reference to the following facts: RECITALS A. Licensee owns approximately Nineteen (1.91) acres of real property located in the City of Rancho Cucamonga (the "City"), San Bernardino County ("County"), California more commonly described as AP No. 0227-012-24 (the "Licensee Property"), as depicted on the"Property Map" attached hereto as Exhibit A. B. Licensor owns real property west of, and adjacent to, the Licensee Property having Assessor's Parcel Number 0227-693-49 (the °Licensor Property"), as depicted on the Property Map and commonly known as 7195 Acorn Place. C. Licensee desires to enter, and Licensor agrees to permit Licensee to enter, the Licensor Property to perform the "Work" (defined below) under the terms and conditions set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Licensor and Licensee hereby agree as follows: 1. Grant of License. Licensor grants Licensee a temporary, non-exclusive license (the "License"), at no cost to Licensee, to enter upon the Licensor Property that is within ten (10) feet along the common boundary line between the Licensee Property and the • Licensor Property to do the following (collectively, the "Work"): (a) demolish the existing wall and footings along the common property line boundary; (b) remove landscaping, as necessary; (c) conduct minor grading and backfill, as necessary; (d) construct a masonry block wall approximately six (6) feet to twelve (12) feet in height as generally described and depicted on attached Exhibit B; (e) replace landscaping that was removed with similar landscaping to the extent practicable; and (f) remove all equipment and debris. In addition, Licensor shall provide reasonable access to Licensee over other portions of the Licensor Property to the extent reasonably required to complete the Work. Licensee shall provide a temporary screen fence during construction which will be in place for approximately one (1) month. No other work or improvements may be performed or constructed upon the Licensor Property by Licensee unless approved in writing by Licensor. In conducting the Work, Licensee shall comply with all applicable laws and regulations and shall not perform any of the Work without first having obtained all necessary governmental permits and approvals for the Work. Licensee shall be solely responsible for all costs and expenses related to the Work, and shall not cause or permit the recordation of any mechanic's or other liens on the Licensor Property. If any liens are recorded on the Licensor Property because of the Work, Licensee shall remove them at Licensee's sole cost and expense, or bond over such mechanic's or other liens. 2. Term. The License shall commence as of the Effective Date (the "Commencement Date"). The License shall automatically terminate on the date that Licensee receives final approval by the Licensor and City of the Work ("Termination Date"). The "Term" of the License shall be the period beginning on the Commencement Date and ending on the Termination Date'. • EXHIBIT M B & C- 38 • License Agreement Page 2 3. Rules and Regulations. During performance of the Work, Licensee shall observe the following rules and regulations: (a) No Work shall be performed on the Licensor Property between the hours of 6:00 p.m. and 8:00 a.m.; (b) Licensee shall take such • action as may be prudent and use its best efforts to employ all commercially reasonable methods, equipment, techniques, and activities to control dust on the Licensor Property; and (c) Licensee shall take such action as may be prudent and use its best efforts to employ all commercially reasonable methods, equipment, techniques, and activities to abate noise, and to mitigate and abate noise pollution. 4. Indemnity. To the maximum extent permitted by law, Licensee hereby agrees to indemnify, defend and hold harmless Licensor, their respective officers, directors, shareholders, partners, and employees (collectively and individually, "Indemnitee") from all loss, liability, damages, actions, claims, costs, and expenses (including attorneys' fees and/or expert witness fees) made against or suffered by Indemnitee by reason of any actual or alleged loss, damage, injury or claim of any kind or character to any person or property related to, arising from, caused by, or alleged to be related to, arise from, or . • to be caused by, (a) perforrance of•the Work, undertaken by Licensee, its affiliated entities or persons, or -their respective agents, employees, invitees, contractors, successors or assigns .(collectively the "Licensee Group"), (b) Licensee's use of the Licensor Property; (c) any gross negligence or willful misconduct of the Licensee Group relating to use of the License and/or entry on the Licensor Property, or (d)the breach by Licensee of any of its obligations under this Agreement (the foregoing in (a) through (d) collectively and individually constitute a "Claim"). 5. Insurance. Licensee agrees to secure and maintain during the Term, at no expense to Licensor, the following insurance with insurance companies having a Best rating of not less than B+XII: (a) a Workers' Compensation and Employer's Liability policy written in accordance with the laws of the State of California; (b) a Commercial General Liability policy (naming Licensor as an additional named insured) for at least $2,000,000 combined single limit for bodily injury and property damage, including personal injury • liability, on an occurrence basis only (for the duration of this Agreement); and (c) Certificates of Insurance and related endorsements affording evidence of the above requirements shall be delivered to Licensor prior to Licensee entering the Property or commencing any Work. 6. Notices. No notice, consent, approval or other communication provided for herein or given in connection herewith shall be validly given, made, delivered or served unless it is in writing and delivered personally, sent by overnight courier, or sent by registered or certified United States mail, postage prepaid, with return receipt requested, to: If to LICENSEE, to: RBF Associates, Inc Attention: Mr. Jonathan Friedman 1435 Reynolds Court Thousand Oaks, CA 91362 If to LICENSOR: To the address in Recital B above. • 7. Interpretation. The captions of the Paragraphs and Sections of this Agreement are for convenience only and shall not govern or influence the interpretation hereof. This Agreement is the result of negotiations between the parties and, accordingly, shall not be construed for or against either party regardless of which party drafted this Agreement or any portion thereof. • B & C- 39 License Agreement Page 3 8. Successors and Assigns. All of the provisions hereof shall inure to the benefit of and be binding upon the personal representatives, heirs, successors and assigns of Licensor • and Licensee for the periods expressly set forth in this Agreement. 9. No Partnership Created; No Third Party Beneficiary. The parties do not intend to, and nothing contained in this Agreement shall, create any partnership, joint venture, agency, or other arrangement between Licensor and Licensee. This Agreement is between ' Licensor and Licensee only and no third party is intended expressly or by implication to be benefited hereby and no such party shall have any right or cause of action hereunder. 10. Entire Agreement, This Agreement and the documents and instruments expressly contemplated herein to be, executed in connection herewith, constitute the entire agreement between the parties pertaining to the License and the Work and all prior agreements, representations and understandings of the parties, oral or written, related to the License are hereby superseded and merged herein. No change or addition is to be made to this Agreement except by a written agreement executed by each party. 11. Further Documents: Licensee and Licensor shall execute and deliver all such documents and perform all such acts as reasonably requested by the other party from time to time to carry out the matters contemplated by this Agreement. 12. Licensee's Interest. The parties acknowledge and agree that Licensee's interest in the Licensor Property shall be strictly limited to the License expressly described herein and it is the intent of the parties that Licensee shall have no other right, title, or interest in the Licensor Property. 13. Time of the Essence. Time is of the essence of this Agreement. • 14. Governing Law. This Agreement shall be governed by and construed in accordance • with the laws of the State of California. 15. Counterparts. This Agreement shall be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 16. Assignment. Licensee may freely assign its rights in the License and this Agreement to any person or entity ("Assignee") without any prior written approval from Licensor. Upon Licensee's delivery of a fully-executed written assignment agreement between Licensee and Assignee assigning Licensee's rights in the License and this Agreement to Assignee: (i) Assignee shall deliver to Licensor those insurance certificates required by Paragraph 5 of this Agreement; (ii) Licensor shall cancel any additional insured • endorsements required by Paragraph 5 of this Agreement; (iii) Licensee and the Licensee Group shall have no further obligations under this Agreement, including, but not limited to, the indemnity set forth in Paragraph 4 of this Agreement. 17. Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Agreement, inclusive of all appeals of any such actions or proceedings, the prevailing party shall be entitled to recover, as determined by the court, reasonable costs and expenses, including, without limitation, attorneys' fees, expert witness fees, and court costs, incurred for prosecution, defense, consultation, or advice in such action or proceeding. • B & C- 40 License Agreement Page 4 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the Effective Date. LICENSEE: • RBF Associates, Inc., an Illinois Corporation By VP . Jo an Friedman, Vice President LICENSOR: By: IAIA. • . • . By: EXHIBIT LIST Exhibit A- Property Map Exhibit B- Block Wall General Description/Depiction • • • B & C-41 EXHIBIT A • PROPERTY MAP The Licensor Property is designated with the following • 2E il -" 35' a 41 41 I 148.97 114 i I 124.38 112.63 .2 1 I e 45 46 W 41 - - - ^ - -C*lif0ii - - - ntiir-E—, — 114 '40 I78.21 64.24 J, 1 ..-_, ;. ft 1 2n ?3 21 YS 22 ~' 47 123 .96 7 � 26 25 24 23 22 °° a I- - i-lt� BRIE 75 67.15 62.91 .06 . 119 128 126 oY .Y t1 21 21 ? I 48 11 tl - 4a 23.30� 6-93 _121.72 '" D 1 if 20 >0 cJ` 49 ' • 9 v 7.07 I 141.01 CD 11 13 13 l9 s 50 a 50 ri 152.11 ` a i'. 38 1 30 131.23 j I 1 IG I4 14 j:- 51 X03 I ;= 16 0 54 133.6t t a;5e I s 15 --"' 39 i 3tl m { ST �2 b I 442.49 17 ® 1� w II a. 1 it 16 ‘51.-55 .✓ 53 A6 50 a5 w n. \*`" �'� I 85.b: / COQ }v 7J6' 1 3.56 \ .. A'k ss At 34 DI i — — --�h�li'� � `. Q 54,15 ` v 1 / 1 s ® -17.: 54 03 24 1 50 �� \ 55 u y. w • • B & C-42 • EXHIBIT B Block Wall General Description/Depiction • • • LOT 19Olw> 21,95 ACM 1011 Oi 7wf!P&16 CAMS PROUD' C4 PROP 7201 ACM ] LOT l t #I34 2151 RP 01 121 wtSOt91i FIEESPVIN MIL 1J2GB OF wolf 1315.6 PROPOSED PAJO atior '1 RPPIClXIdfAlf RtP I � SgYR}SIp H�11 foT 1 x 57 EO 1G!°0 wAl r- 1OP of fa7511mG i�Sld'1Rf`Wk1l ;ate _ t _ 13 • ors,/..o-o9„ Leo' '-1W+`r srt9, vn �� x utie rt rzsa � 00. wnw ISHO 9.114* 3—1310 • 1JlG F 1g57d`1G maw NfXI lO wAlt "" •. "" ""."" • 300 LOT 1 OF fRJ 18828 1195 ACQQY M _ • t300°T sc�1 watt — 1315.8 PROD RV END• I 4, (P3sllwC watt rO 6E RENOP D) LOT t REPM lea 1310.3 IX1 IK e'YAibN 1T TO RI -- Kt PROFILE AT LOT 9 LOOTS Ensr room sate i=19!' SECIION X WET B & C- 43 RESOLUTION NO. 12-43 • • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2012-00801, A REVIEW OF EIGHT (8) SINGLE-FAMILY HOMES THAT WILL BE CONSTRUCTED IN CONJUNCTION WITH A PREVIOUSLY APPROVED SUBDIVISION OF A PARCEL OF ABOUT 83,000 SQUARE FEET (1.91 ACRE) IN THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC PLAN LOCATED AT THE SOUTH SIDE OF LIMA DRIVE AND THE WEST SIDE OF EAST AVENUE NEAR THE SOUTHBOUND OFF RAMP OF THE 1-15 FREEWAY; AND MAKING FINDINGS IN•SUPPORT THEREOF—APN: 0227-012-24. A. Recitals. 1. LVD Rancho Cucamonga, LLC, filed an application for the issuance of Development Review DRC2012-00801, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 10th day of October 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 meeting on October 10, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a vacant parcel located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the 1-15 Freeway; and b. The project site is a vacant parcel with an area of approximately 83,000 square feet (1.91 acre). The overall dimensions of the site are approximately 645 feet (east to west) by approximately 124 feet (north to south); and c. To the north and west of the project site, are single-family residences (Tract 15912), while to the east, across East Avenue, is a condominium complex (Tract 16335). To the south is a set of vacant properties that are generally bisected diagonally (from northeast to southwest) by the off ramp of the southbound I-15 Freeway to Base Line Road; and d. The zoning of the property and the properties to the north and west is Low Medium (LM) Residential District. The zoning of the properties to the east is Medium (M) Residential District. • The zoning of the properties to the south is Office Professional (OP) District and is currently owned by the City. The subject property and all of the surrounding properties are within the Etiwanda Specific Plan; and B & C- 44 • PLANNING COMMISSION RESOLUTION NO. 12-43 DEVELOPMENT REVIEW DRC2012-00801 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 Page 2 • • e. The proposal is to construct a single-family residence on each lot of an 8-lot subdivision (Related file: Tentative Tract Map SUBTT18826), that was previously approved by the • Planning Commission on June 13, 2012, for a total of eight (8) single-family residences; and f. The proposed houses will comply with the development standards applicable to this zoning district as described in Figure 5-2 of the Etiwanda Specific Plan. The architecture of each house will be consistent with the general design requirements outlined in Section 5.42.600 of the Etiwanda Specific Plan; and g. The houses on Lots 1, 5, and 8 will be single-story, while the houses on the remainder of the lots will be two-story. The mix of single-and two-story homes is consistent with the policy adopted by the Planning Commission requiring that 25 percent (minimum) of the proposed houses must be single-story; and h. The 2-car garages of five(5) of the houses will be setback from the front part of the house, i.e. the front of the garages will not dominate the front of the of the house as seen from the street, in compliance with Section 5.42.606 of the Etiwanda Specific Plan; and i. There will be three (3) distinct footprints — Plans 1, 2, and 3 based on two (2) architectural themes—"Spanish" and "Cottage." Plan 1 will be single-story, while the others will be two-story. The number of available footprints will comply with Figure 5-4 of the Etiwanda Specific Plan. • 3. Based upon the substantial evidence presented to this Commission during the • • above-referenced meeting 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 proposed development is in accord with the General Plan,the objectives of the Development Code•and the Etiwanda Specific Plan, and the purposes of the district in which the site. is located. The proposal is to construct a single-family residence on each lot of an 8-lot subdivision (Related file: Tentative Tract Map SUBTT18826), that was previously approved by the Planning Commission on June 13, 2006, for a total of eight (8) single-family residences. The underlying General Plan designation is Low Medium Residential. b. The proposed development,together with the conditions applicable thereto,will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The project site is vacant; the proposed land use is consistent with the land uses within the vicinity where it is located and the expectations of the community. The zoning of the property and the properties to the north and west is Low Medium (LM) Residential District. The zoning of the properties to the east is Medium (M) Residential District: The zoning of the properties to the south is Office Professional (OP) District. The subject property and all surrounding properties are within the Etiwanda Specific Plan. c. The proposed development complies with each of the applicable provisions of the Development Code and the Etiwanda Specific Plan except for the rear yard setback of Lots 1 and 5 which will be about 18 feet and will not comply with the required rear yard setback of 20 feet as required per the Etiwanda Specific Plan. The applicant has submitted a Minor Exception request for • consideration by the Planning Commission. The proposed development, otherwise, meets all of the standards outlined in the Development Code and the Etiwanda Specific Plan and the design and development standards and policies of the Planning Commission and the City. • B & C- 45 PLANNING COMMISSION RESOLUTION NO. 12-43 DEVELOPMENT REVIEW DRC2012-00801 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 • Page 3 4. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the City adopted a Negative Declaration in June 2012 in connection with the City's approval of Tentative Tract Map SUBTT18226. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project • that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. There have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Negative Declaration. The previously approved subdivision is for the purpose of residential development; this project is consistent with that purpose. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, and will not have more severe effects than previously analyzed. Additional mitigation measures that are required (and listed below) are in response to an Acoustical Analysis that was prepared on July 25, 2012 by Christopher Jean &Associates to determine the specific mitigations that would be necessary to reduce the noise impacts on the proposed single-family residences to a level of less-than-significant. 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 Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the development of eight(8) single-family residences of between 2,711 and 3,701 square feet in conjunction with a previously approved 8-lot subdivision of 1.91 acre in the Low Medium (LM) Residential District, Etiwanda Specific Plan, located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the 1-15 Freeway -APN: 0227-012-24. 2) Development of Lots 2, 3,4, 6, 7, and 8 shall be in accordance with the standards and requirements applicable to the Low Medium (LM) Residential District as described in Figure 5-2 of the Etiwanda Specific Plan. 3) With the exception of the required rear yard setback, development of Lots 1 and 5 shall be in accordance with the standards and requirements applicable to the Low Medium (LM) Residential District as described in Figure 5-2 of the Etiwanda Specific Plan. The rear yard setback for these lots shall be 18 feet (minimum) per Minor Exception DRC2012-00802. 4) If any walls along the interior property lines exceed 6 feet in height(but • are less than 8 feet in height), then a Minor Exception application (and fee) shall be submitted for review and action by the Planning Director prior to the submittal of documents for plan check and construction. B & C-46 PLANNING COMMISSION RESOLUTION NO. 12-43 DEVELOPMENT REVIEW DRC2012-00801 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 Page 4 • 5) Per the Acoustical Analysis dated July 25, 2012, that was prepared by Christopher Jean & Associates, the following mitigations measures ' shall be incorporated to reduce the noise impacts to levels of less-than-significant: a) Add STC 30 glazing to all second floor rooms on Lots 2, 3, and 4 with any view of the 1-15 Freeway, the freeway off ramp, and/or Base Line Road. b) Add STC 34 glazing to all second floor rooms on Lots 6 and 7 with any view of the 1-15 Freeway, the freeway off ramp, and/or Base Line Road. c) Add STC 26 glazing to all remaining second floor rooms on Lots 2, 3, 4, 6, and 7. 6) Approval of this request shall not waive compliance with any sections of the Development Code, Etiwanda Specific Plan, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 7) Model homes shall require the review of a separate Temporary Use Permit (Model Home) and fee prior to submittal of documents for plan check and construction. Note: Parking in the street will not be • permitted for this purpose. A temporary off-street parking area that complies with all applicable parking requirements will be required and must be shown on the plans for this permit. 8) All Conditions of Approval for Tentative Tract Map SUBTT18826 shall apply. Building and Safety (Grading) Department 1) Prior to the issuance of a Grading Permit, the applicant shall provide to the Building and Safety Services Director (or his designee) a Storm Water Quality Management Plan for review and approval. 2) Water Quality Management Plan a) A Storm Water Quality Management Plan shall be approved by the Building and Safety Official prior to the issuance of a Grading Permit. Engineering Services Department 1) East Avenue frontage improvements to be in accordance with City "Secondary Arterial" standards, Figure Nos. 5-28 and 5-28A of the • Etiwanda Specific Plan and as required and including: B & C- 47 • PLANNING COMMISSION RESOLUTION NO. 12-43 DEVELOPMENT REVIEW DRC2012-00801 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 • Page 5 a) Provide curb and gutter, a.c. pavement and 5-foot sidewalk, as required. • b) Protect existing traffic signing and striping along East Avenue or repair as required. c) Protect or relocate existing 9500 Lumens HPSV street light as required. 2) As part of the design and alignment of the Base Line Road/I-15 Freeway interchange, East Avenue fronting Lot 8 will be widened and additional street dedication will be required. Amount of said additional dedication is under review and not yet determined. 3) Figure No. 5-28 of the Etiwanda Specific Plan has two options for the theme walls on East Avenue. One is a 10-foot wide planting area between the perimeter wall and a 30-inch river rock planter wall at the back of the sidewalk. The other is a 5-foot wide planter measured from the back of the sidewalk. Since the existing wall to the north of Lot 8 has a 10-foot planter with a low rock wall and the future right-of-way needs for East Avenue are yet to be determined,jogging the perimeter wall at least 5 feet west of the existing wall to the north is acceptable. • The perimeter wall can be as close as 15 feet from the existing sidewalk. The toe of the perimeter slope shall be 2 feet behind the existing sidewalk. A low rock retaining wall can be added when the • City widens East Avenue, if necessary. a) Tract perimeter wall at top of the LMD slope shall be outside the landscape easement. The maximum slope within publicly • maintained landscape areas is 3:1. Where slopes occur, a 2-foot flat area shall be provided behind the sidewalk. Slopes higher than 6 feet shall have a 2-foot wide flat shelf at the top, along the base of the perimeter wall. Slope widths should be minimized through the use of retaining beneath perimeter walls and portions of the river rock planter wall may be used for retaining, if needed. b) If the amount of additional dedication needed for East Avenue is not yet available by the conclusion of plan check for Tract Map 18826, the area outside the tract perimeter wall shall be dedicated to the City as a lettered lot. The City Engineer has the option of collecting a contribution in lieu of construction for all or part of the LMD improvements. Said contribution shall be paid to the City prior to the issuance of Building Permits or final map approval, whichever occurs first. c) Landscape Maintenance District plans shall be similar to the west side of East Avenue north of Chateau Drive (Lot 3 of Tract • 15912). B & C-48 PLANNING COMMISSION RESOLUTION NO, 12-43 DEVELOPMENT REVIEW DRC2012-00801 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 Page 6 • 4) This project is connected to or will disrupt an existing City-maintained landscape and irrigation area. Prior to new construction, a joint inspection and documentation of the existing condition of the area 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. 5) Lima Drive frontage improvements to be in accordance with City "Local" standards as required and including: a) Protect existing curb and gutter or repair as required. b) Provide drive approaches per City Driveway Policy, sidewalk, curbside drain outlets, and street trees, as required. c) Protect existing 5800 Lumen HPSV street lights and provide two (2) 5800 Lumen HPSV street lights along Lima Drive. d) Protect existing traffic signing and striping, or repair as required. • 6) The project site is in Etiwanda Drainage Area 8, Upper Etiwanda. The development is required to pay the Regional Mainline Fee which is currently $7,800.00 per net acre (fee is subject to verification of any annual increase). Area 8 does not pay the Secondary Regional Fee and the Master Plan Fee has been credited under Tract 15912. 7) Modify Dwg.1715-L for additional LMD improvements at the rear of Lot 8. 8) Trees are prohibited within 5 feet of the outside diameter of the proposed 36-inch storm drain on the north side of Lot 8 (Drawing 2312-D), measured from the outer edge of a mature tree trunk. A copy of the on-site Landscaping Plan, with the storm drain plotted, shall be provided for the City Engineer to verify this condition is being met. 9) The project needs to have a disclosure statement attached to the subdivision map and each individual property lot deed that informs the owners of the City's project to improve the 1-15 Freeway at the Base Line Road interchange. Improvements include, but are not limited to, the reconstruction of the southbound off ramp, removal and replacement of the existing bridge over East Avenue and installation of a 16-foot high sound well adjacent to the south property line. • B & C- 49 PLANNING COMMISSION RESOLUTION NO. 12-43 DEVELOPMENT REVIEW DRC2012-00801 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 • Page 7 10) The developer shall request that the City appropriately process and quitclaim the blanket easement over the whole tract for drainage purposes, prior to final map approval. 11) The developer shall convey to the City of Rancho Cucamonga any and all appurtenant rights, such as view, light, and air together with abutter's access rights, appurtenant to Tentative Tract 18826 in and to the adjacent City right-of-way over and across the southerly line of Tentative Tract 18826, 652.23 feet. Fire Construction Services FSC-1 Public and Private Water Supply 1) The private water supply and fire hydrants shall be designed in accordance with the RCFPD Standard 5-10 and the 2010 California Fire Code. 2) The Public water supply and fire hydrants shall be designed in accordance with the RCFPD Standard 5-10, the 2010 California Fire Code and the Cucamonga Valley Water District. • FSC-2 Fire Flow 1) The required fire flow for this project will be determined in gallons per minute at a minimum residual pressure of 20 pounds per square inch when the structure size for the development is known. This requirement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire District Ordinances. A current fire flow letter from the CVWD must be received. The applicant is responsible for obtaining the fire flow information from CVWD and submitting the letter to Fire Construction Services. 2) The public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. The private fire hydrants on the adjacent property shall not be used to provide required fire flow. 3) Fire review and approval of the public water plans to be submitted to CVWD for permit issuance. 4) On-site fire protection water plans are required to be submitted to Fire Construction Services. This project is required to extend the existing public water supply onto the site. 5) Building permits will not be issued until public Fire Protection Water Plans are approved and adequate water supply is provided for • construction purposes. B & C- 50 PLANNING COMMISSION RESOLUTION NO. 12-43 DEVELOPMENT REVIEW DRC2012-00801 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 Page 8 • 6) On all architectural plan sets to be submitted for building plan check provide a Site Plan that illustrate all the proposed public and private fire hydrants located on/and within 600 feet of the project site. FSC-9 Single-family Residential Sales Model homes require approved Fire District vehicle access and water supply from a public or private water main system before construction. FCS-10 Fire Sprinklers All structures must be equipped with automatic fire sprinklers in accordance with NFPA 13D and the 2010 California Fire Code. PRIOR TO ISSUANCE OF BUILDING PERMITS - Please complete the following prior to the issuance of any Building Permits: 1) All required public fire hydrants shall be installed,flushed, and operable prior to delivering any combustible framing materials to the site. • CVWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CVWD. Fire Construction Services must grant a water supply clearance before the lumber is dropped on-site. • 2) The access roads must be paved in accordance with all of the requirements of the RCFPD Fire Lane Standard#14-1. All temporary utilities over access roads must be installed at least 14 feet, 6 inches above the finished surface of the road. PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following: 1) All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho •Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers." On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2) Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 3) Prior to the granting of occupancy, single-family dwellings shall post the address with a minimum of 4-inch numbers on a contrasting • background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When the building setback from the public roadway exceeds • 100 feet, additional 4-inch numbers shall be displayed at the property entry. B & C- 51 PLANNING COMMISSION RESOLUTION NO. 12-43 DEVELOPMENT REVIEW DRC2012-00801 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 • Page 9 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development I, Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development 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 10th day of October 2012, by the following vote-to-wit: • AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • B & C- 52 -74p-Tfitb COMMUNITY DEVELOPMENT dr , r DEPARTMENT P4 ;OS STANDARD CONDITIONS PROJECT#: DRC2012-00801 SUBJECT: DEVELOPMENT REVIEW APPLICANT: LVD RANCHO CUCAMONGA, LLC SOUTHSIDE OF LIMA DRIVE AND WEST SIDE OF EAST AVENUE NEAR THE LOCATION: SOUTHBOUND OFF RAMP OF THE 1-15 FREEWAY —APN: 0227-012-24. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements Completion Date 1. 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. 2. Copies of the signed Planning Commission Resolution of Approval 12-43 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission hearing: a) Notice of Exemption - $50 X B. Time Limits 1. Development/Design Review approval shall expire if building permits are not issued or approved _/_/_ use has not commenced within 5 years from the date of approval. No extensions are allowed. • 1 B & C- 53 Project No. DRC2012-00801 Completion Date C. Site Development 1. 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, Development Code regulations, and the Etiwanda Specific Plan. 2. 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. 3. Occupancy of the facilities shall not commence until such time as all Uniform 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 Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/ /_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. 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. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. 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. 8. All building numbers and individual units shall be identified in a clear and concise manner, /_/_ including proper illumination. 9. 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. 10. Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling / /_ unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures, or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 11. 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. 12. Construct block walls between homes(i.e.,along interior side and rear property lines), rather than _/_/_ wood fencing for permanence, durability, and design consistency. 2 S B & C- 54 Project No. DRC2012-00801 • Completion Date 13. Access gates to the rear yards shall be constructed from a material more durable than wood / /_ gates. Acceptable materials include, but are not limited to, wrought iron and PVC. • 14. For residential development, return walls and corner side walls shall be decorative masonry. / /_ D. Building Design 1. Standard patio cover plans for use by the Homeowner's Association shall be submitted for _/_/_ Planning Director and Building Official review and approval prior to issuance of building permits. 2. 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. 3. For all residential development, provide conduit from each unit/lot and a pull box to connect to the _/_/_ street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB). Plans shall be submitted for Planning Director and Building Official review and approval prior to issuance of building permits. E. Landscaping • 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in / /_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 / /_ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater / /_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq.ft. of slope area, 1-gallon or larger size shrub per each 100 sq.ft.of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. For single-family residential development, all slope planting and irrigation shall be continuously /_/_ maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. • 3 • B & C- 55 Project No. DRC2012-00801 Completion Date 5. Front yard and corner side yard landscaping and irrigation shall be required per the Development / /_ Code and/or Etiwanda Specific Plan. This requirement shall be in addition to the required street trees and slope planting. • 6. The final design of the perimeter parkways,walls, landscaping, and sidewalks shall be included in _/_/_ the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 7. Landscaping and irrigation systems required to be installed within the public right-of-way on the / /_ perimeter of this project area shall be continuously maintained by the developer. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas,the _/_/_ design shall be coordinated with the Engineering Services Department. 9. Landscaping and irrigation shall be designed to conserve water through the principles of water _/_/_ efficient landscaping as defined in Ordinance 823 of the Rancho Cucamonga Municipal Code F. Environmental 1. The developer shall provide each prospective buyer written notice of the 210 and 1-15 Freeways _/ /_ in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. 2. Noise levels shall be monitored after construction to verify the adequacy of the mitigation _/_/_ measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site. A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release. The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and.interior noise attenuation to below 45 dBA. 3. 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. 4. 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 & Safety Department prior to final occupancy release of the affected homes. 5. 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$557 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. G. Other Agencies 1. 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 4 • B & C- 56 Project No. DRC2012-00801 Completion Date overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits. ii,PLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements 1. Submit five complete sets of plans including the following: / / a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., SUBTT18826 and DRC2012-00801) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. / /_ • Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. / / 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can / /_ contact the Building and Safety Department staff for information and submittal requirements. I. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be / /_ marked with the project file number (i.e., SUBTT18826 and DRC2012-00801). The applicant shall comply with the latest adopted California Codes,and all other applicable codes,ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition, the applicant /_/_ shall pay development fees at the established rate. Such fees may include, but are not limited to: Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. The applicant shall provide a copy of the School Fees receipt to the Building and Safety Department prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map / /_ recordation and prior to issuance of building permits. • 5 B & C- 57 Project No. DRC2012-00801 • Completion Date 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday /_/_ through Saturday, with no construction on Sunday or holidays. J. New Structures • 1. Provide compliance with the California Building Code (CBC) for property line clearances /_/_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. _/_/_ 3. Roofing material shall be installed per the manufacturer's"high wind" instructions. / /_ 4. All structures are required to be equipped with automatic fire sprinklers. / /_ K. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading /_/_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / /_ perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the / /_ time of application for grading plan check. 4. The final grading 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 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 plan shall be prepared, stamped, and signed by a California registered Civil Engineer. • APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets(measured from _/_/_ street centerline): 44 total feet on East Avenue / /_ 6 • • B & C- 58 • Project No. DRC2012-00801 Completion Date • M. Street Improvements • 1. 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. 2. Construct the following perimeter street improvements including, but not limited to: / / Curb& A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt w alk Appr. Lights Trees Trail Island Trail Other East Avenue X Lima Drive X X X X X - Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3. 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. Handicapped access ramps shall be installed on all corners of intersections per City / /_ Standards or as directed by the City Engineer. -- • 7 B & C-59 Project No. DRC2012-00601 • Completion Date 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 Director prior to submittal for first plan / /_ check. 4. 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. 5. 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. The Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Lima Drive Cercis occidentalis Western Redbud 3' 20' O.C. 15 Gal East Avenue Geijera parviflora Australian Willow 5' 25' O.C. 15 Gal (Jog Area) Eucalyptus Red Ironbark 6' 50' O.C. 15 Gal • (Parkway Area) sideoxylon 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. 4) Street trees are to be planted per public improvement plans only. N. Public Maintenance Areas 1. 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, whichever occurs first. The following landscaped parkways,medians, paseos,easements,trails or other areas shall be annexed into the Landscape Maintenance District: East Avenue Beautification Master Plan. 2. Public landscape areas are required to incorporate substantial areas ( %)of mortared cobble /_/_ or other acceptable non-irrigated surfaces. 3. Install a connection to the Cucamonga Valley Water District — Inland Empire Utilities Agency recycled water line in East Avenue for use irrigating the public landscape area being constructed. 8 • B & C- 60 • Project No. DRC2012-00801 Completion Date 4. 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. 5. All required public landscaping and irrigation systems shall be continuously maintained by the / /_ developer until accepted by the City. 0. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map / /_ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Trees are prohibited with 5 feet of the outside diameter of any public storm drainage pipe ! /_ measured from the outer edge of a mature tree trunk. P. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, /_/_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. / /_ 3. 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. 4. 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. Q. General Requirements and Approvals 1. 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. 2. 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. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. • 9 B & C- 61 Project No. DRC2012-00801 • Completion Date APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: R. Security Lighting • 1. Lighting in exterior areas shall be in vandal-resistant fixtures. _/ /_ S. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. _/ /_ 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within / /_ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. _/ /_ T. Windows 1. All sliding glass windows shall have secondary locking devices and should not be?ble to be lifted / /_ from frame or track in any manner. U. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/_/_ visibility. V. Alarm Systems 1. Alarm companies shall be provided with the 24-hour Sheriffs dispatch number (909) 941-1488. / /_ APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION • PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE RESOLUTION OF APPROVAL 10 • 8 & C- 62 RESOLUTION NO. 12-44 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING MINOR EXCEPTION DRC2012-00802,A REQUEST FOR A 10 PERCENT REDUCTION IN THE • REQUIRED REAR YARD SETBACK FOR THE PROPOSED HOUSES ON LOTS 1 AND 5 OF A PREVIOUSLY APPROVED SUBDIVISION OF A PARCEL OF ABOUT 83,000 SQUARE FEET (1.91 ACRE) IN THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTH SIDE OF LIMA DRIVE AND THE WEST SIDE OF EAST AVENUE NEAR THE SOUTHBOUND OFF RAMP OF THE 1-15 FREEWAY; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-012-24. A. Recitals. 1. LVD Rancho Cucamonga, LLC, filed an application for the issuance of Minor Exception DRC2012-00802, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 10th day of October 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 meeting on October 10, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a vacant parcel located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the 1-15 Freeway; and b. The project site is a vacant parcel with an area of approximately 83,000 square feet (1.91 acre). The overall dimensions of the site are approximately 645 feet (east to west) by approximately 124 feet (north to south); and c. To the north and west of the project site, are single-family residences (Tract 15912), while to the east, across East Avenue, is a condominium complex (Tract 16335). To the south is a set of vacant properties that are generally bisected diagonally (from northeast to southwest) by the off ramp of the southbound 1-15 Freeway to Base Line Road; and • d. The zoning of the property and the properties to the north and west is Low Medium (LM) Residential District. The zoning of the properties to the east is Medium(M) Residential District. The zoning of the properties to the south is Office Professional (OP) District and is currently owned B & C- 63 PLANNING COMMISSION RESOLUTION NO. 12-44 MINOR EXCEPTION DRC2012-00802 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 Page 2 • by the City. The subject property and all surrounding properties are within the Etiwanda Specific Plan; and e. The applicant is requesting a Minor Exception for a 10 percent reduction in the required rear yard setback for the proposed houses on Lots 1 and 5; and f. Per Figure 5-2 of the Etiwanda Specific Plan, the minimum rear yard setback is 20 feet in the Low Medium (LM) Residential District, Etiwanda Specific Plan; and g. The applicant proposes a rear yard setback of 18.83 feet and 18.09 feet for Lots 1 and 5, respectively; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting 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 proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries. The Minor Exception applies to Lots 1 and 5. Both lots exceed the applicable development standards for minimum lot area (7,200 square feet), minimum lot depth (100 feet), and minimum lot width (60 feet). Furthermore, the lot coverage of the houses on both lots will not exceed the maximum lot coverage of 40 percent. b. The proposed development is compatible with the existing and proposed land uses • in the surrounding area. The Minor Exception does not change the residential land use of the project site nor affect the residential land uses within the surrounding areas. c. Any exceptions or deviations from the density requirements, or design, standards result in the creation of project amenities that would not be available through the strict adherence to the Code provisions. The Minor Exception will not result in a substantially larger house, an increase in lot coverage, an increase in density, or adjustments to the physical lot area of the subject lots. d. Granting the Minor Exception will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question. As the reduction is in the rear yard setback, the encroachment of the house into the setback will not be observable from the public view as seen from Lima Drive. Similarly,the encroachment of the house will not be visible from the public view as seen from Base Line Road, as there will be a noise attenuating wall along the south perimeter of the project site. The encroachment will only be marginally apparent from the properties to the east and west. e. The Minor Exception is consistent with the General Plan and Etiwanda Specific Plan. The General Plan designation of the project site is Low Medium Residential and the zoning of the property is Low Medium (LM) Residential District. The Minor Exception does not affect the General Plan designation, zoning designation, or the residential purpose of the project site. f. The exception is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights. The Minor Exception will allow the applicant to utilize the same house plans that are being constructed in the general vicinity. The architecture and plotting of the proposed homes are consistent with the standards and • guidelines of the City. B & C- 64 PLANNING COMMISSION RESOLUTION NO. 12-44 MINOR EXCEPTION DRC2012-00802 — LVD RANCHO CUCAMONGA, LLC October 10, 2012 Page 3 • • 4. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the City adopted a Negative Declaration in June 2012 in connection with the City's approval of Tentative Tract Map SUBTT18226. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. There have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Negative Declaration. The previously approved subdivision is for the purpose of residential development; this project is consistent with that purpose. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, and will not have more severe effects than previously analyzed. Additional mitigation measures that are required are in response to an Acoustical Analysis that was prepared on July 25, 2012, by Christopher Jean & Associates to determine the specific mitigations that would be necessary to reduce the noise impacts on the proposed single-family residences to a level of less-than-significant. 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 Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for a 10 percent reduction in the required rear yard setback for the proposed homes on Lots 1 and 5 that will be constructed within a previously approved 8-lot subdivision of 1.91 acres in the Low Medium (LM) Residential District, Etiwanda Specific Plan, located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the 1-15 Freeway -APN: 0227-012-24. 2) With the exception of the required rear yard setback,the development of Lots 1 and 5 shall be in accordance with the standards and requirements applicable to the Low Medium (LM) Residential District as described in Figure 5-2 of the Etiwanda Specific Plan. The rear yard setback for these lots is permitted to be 18 feet (2 feet, or 10 percent, less than the required rear yard setback of 20 feet). 3) Approval of this request shall not waive compliance with any sections of the Development Code, Etiwanda Specific Plan, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) All Conditions of Approval for Tentative Tract Map SUBTT18826 and Development Review DRC2012-00801 shall apply. • 6. The Secretary to this Commission shall certify the adoption of this Resolution. • B & C- 65 PLANNING COMMISSION RESOLUTION NO. 12-44 MINOR EXCEPTION DRC2012-00802— LVD RANCHO CUCAMONGA, LLC October 10, 2012 Page 4 • APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development I, Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development 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 10th day of October 2012, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • B & C- 66 t (4, COMMUNITY DEVELOPMENT is . .Alt DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2012-00802 SUBJECT: MINOR EXCEPTION APPLICANT: LVD RANCHO CUCAMONGA, LLC SOUTH SIDE OF LIMA DRIVE AND WEST SIDE OF EAST AVENUE NEAR THE LOCATION: SOUTHBOUND OFF RAMP OF THE I-15 FREEWAY -APN: 0227-012-24. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • General Requirements Completion Date 1. 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. 2. Copies of the signed Planning Commission Resolution of Approval No. 12-44, 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. B. Time Limits 1. Minor Exception approval shall expire if building permits are not issued or approved use has not / /_ commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. 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, Development Code regulations, and the Etiwanda Specific Plan. • 2. 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. 1 B & C- 67 Project No. DRC2012-00602 - Completion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform 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 • Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. 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. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all / /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. • • 2 • B & C- 68 SIGN-IN SHEET PLANNING COMMISSION MEETING October 10, 2012 NAME COMPANY ADDRESS /(604AA. St ? 6 7 997 7y4t �ar�l Chid oas- (/1d1/4iu,,s +Vet cow PLANNING COMMISSION RESOLUTION NO. 12-42 R Colt at — CURTIS JONATHAN C. CUR S October 10, 2012 Page 4 • 2) Blue Sky Court frontage improvements to be in accordance with City "Local Street" standards as required and including: a) Provide curb, gutter, street trees, sidewalk, and drive approach as required. b) Provide 5800 lumens HPSV street light. c) Provide traffic striping and signage as required. 3) Certificate of Compliance No. 693 for Lot Line Adjustment shall be approved and recorded, prior to approval of map. 4) Process a new Improvement Agreement and Improvement Securities for all improvements on Blue Sky Court (City Drawing 2191 Sheets 1 through 2 and Wardman Bullock Road (City Drawing 2072 Sheets 1 and 3). 5) Tract 16324, at the north end of Wardman Bullock Road has been conditioned to complete the westerly portion of Wardman Bullock Road all the way to Wilson Avenue. If the Wardman Bullock Road frontage is constructed by others, this developer will be required to pay his fair share of the reimbursement agreement. • 6) A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. Grading: 1) Grading of the subject property shall be in accordance with the 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. 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