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HomeMy WebLinkAbout17-73 - Resolutions - A Subdivision Of A Property Of About 82 Acres Into Five Parcels Located Within The Empire Lakes Specific Plan RESOLUTION NO. 17-73 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT20105, A SUBDIVISION OF A PROPERTY OF ABOUT 82 ACRES INTO FIVE (5) PARCELS LOCATED WITHIN THE EMPIRE LAKES SPECIFIC PLAN, PLANNING AREA 1, NORTH OF 6TH STREET, SOUTH OF THE METROLINK/BNSF RAIL LINE, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0209-272-20. A. Recitals. 1. Lewis Management Corp. filed an application for the approval of Tentative Tract Map No. 20105, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 14th day of June, 2017 and continued to the 28th day of June, 2017, 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. The item was re-advertised and the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application on August 23, 2017 and concluded said hearing on that date. 4. 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 June 14, 2017, and June 28, 2017 and August 23, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property of 160 acres that was formerly developed with the privately owned and operated Empire Lakes Golf Course located in the Empire Lakes Specific Plan; and b. The City Council approved amendments to the General Plan, Specific Plan, and Development Code (related files: General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115) for the purpose of enabling the applicant to develop a new mixed use and transit-oriented project ("Empire Lakes/The Resort"); and PLANNING COMMISSION RESOLUTION NO. 17-73 TENTATIVE TRACT MAP SUBTT20105— LEWIS MANAGEMENT CORP. August 23, 2017 Page 2 c. The Specific Plan has an overall area of 347 acres and is generally bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica Avenue to the west, and 8th Street and the BNSF/Metrolink rail line to the north. The subject property is generally located at the center of the Specific Plan. Both are bisected into south and north halves by 6th Street; and d. The specific location of the project site is the northern half of the overall subject property; and e. The project site consists of one (1) parcel with a combined area of about 82 acres. It has street frontage of about 895 feet along 6th Street. The site also has street frontage of about 165 feet at the intersection of 7th Street and Cleveland Avenue, and 35 feet at the intersection of 7th Street and Anaheim Street. Frontage along the BNSF/Metrolink rail line is about 1,330 feet in length. The north-south dimension of the site is about 2,500 feet; and f. To the south of the project site is the south half of the former private golf course and an industrial building. To the north are industrial buildings. To the east are apartment complexes, offices, and a Metrolink Station parking lot. To the west are industrial buildings and utility facilities operated by Southern California Edison (SCE) and Cucamonga Valley Water District (CVWD); and g. The subject property and all properties to the north, east, and west are within the Empire Lakes Specific Plan which is divided into "Planning Areas". The property and the property to the south is in Planning Area 1. The properties to the east are in Planning Areas 9 and 10 while the properties to the west are in General Industrial (GI) District and Planning Area 11. To the properties to the north are in Minimum Impact/Heavy Industrial (MI/HI) District; and h. The applicant proposes to subdivide the project site into five (5) parcels. No building construction is proposed in conjunction with this tentative tract map; and i. The parcels will be sold to various developers who will construct the single- and multi-family residential units and non-residential buildings within Empire Lakes/The Resort; j. The entitlement applications for the various components of the overall project will be submitted by each developer separately for review and action by the City at a later date. Development within all parcels will be governed by the technical and design standards/guidelines described in the Empire Lakes Specific Plan. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the tentative tract map is consistent with the General Plan, Development Code, and the Empire Lakes Specific Plan. The proposed project is to subdivide the project site into multiple parcels which will be sold to allow the construction of single- and multi-family residential units and non-residential buildings consistent with the goals and policies of the General Plan and intent of the Empire Lakes Specific Plan; and PLANNING COMMISSION RESOLUTION NO. 17-73 TENTATIVE TRACT MAP SUBTT20105— LEWIS MANAGEMENT CORP. August 23, 2017 Page 3 b. The design or improvements of the tentative tract map is consistent with the General Plan, Development Code, and the Empire Lakes Specific Plan. The proposed project is only to subdivide the project site into five (5) parcels. No building construction is proposed in conjunction with this tentative tract map; and c. The site is physically suitable for the type of development proposed. The individual entitlement applications for the various components of the overall project will be submitted by developers separately for review and action by the City at a later date. Development within all parcels will be governed by the technical and design standards/guidelines described in the Empire Lakes Specific Plan; 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. The proposed project is only for the subdivision of the project site into multiple parcels. No building construction is proposed in conjunction with this tentative tract map. Mitigation measures described in the Environmental Impact Report (EIR) for Empire Lakes/The Resort will be implemented during the construction and operation of the project; and e. The tentative tract is not likely to cause serious public health problems. The proposed project is only for the subdivision of the project site into multiple parcels. No building construction is proposed in conjunction with this tentative tract map. Mitigation measures described in the Environmental Impact Report (EIR) for Empire Lakes/The Resort will be implemented during the construction and operation of the project; and f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. Easements for access through or use of the property within the project will be governed by local and State regulations and applicable technical and design standards/guidelines described in the Empire Lakes Specific Plan. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) on May 18, 2016 (SCH No. 2015041083) in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. 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 as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project will have new or more severe impacts than previously considered; and d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. PLANNING COMMISSION RESOLUTION NO. 17-73 TENTATIVE TRACT MAP SUBTT20105— LEWIS MANAGEMENT CORP. August 23, 2017 Page 4 b. The Planning Commission finds, in connection with Tentative Tract Map SUBTT20073, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The application is the subdivision of the project site into five (5) parcels. The parcels will be sold to enable the future construction of the overall project. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. No building construction is proposed in conjunction with this tentative tract map. Development of the project will be governed by the technical and design standards/guidelines described in the Empire Lakes Specific Plan c. Based on these findings and all evidence in the record,the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Tentative Tract Map SUBTT20105. 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) All future entitlement applications for the various components of the overall project that will be submitted separately for review and action by the City shall be governed by the Empire Lakes Specific Plan. 2) Prior to the first building permit approved for a dwelling unit within this subdivision or approval of a final map to further subdivide any of the parcels formed by this final map, whichever occurs first, a Community Facilities District (CFD) shall be established for the financing of construction, operation, and maintenance of public improvements and facilities, and public services within the area covered by Planning Area 1 of the Empire Lakes Specific Plan. In conjunction with any further discretionary approval for a development project proposed on any of the parcels created by this subdivision, the subject parcel or parcels shall be annexed in the CFD. The City will not take ownership of any public improvements without a fully funded CFD in place that has been approved by the Deputy City Manager (Administrative Services) or his/her designee. 3) Prior to the recordation of a final map that includes a subdivision involving more than 500 dwelling units, the property owner/developer shall demonstrate compliance with applicable requirements of SB 221 (Government Code Section 66473.7(b)(2)) in order to demonstrate the availability of an adequate and reliable water supply. 4) Prior to the recordation of the final map, the property owner/developer shall dedicate land, pay in-lieu fees, or a combination of both for the provision of neighborhood and community parks for recreational purposes. Land to satisfy dedication requirements shall be conveyed PLANNING COMMISSION RESOLUTION NO. 17-73 TENTATIVE TRACT MAP SUBTT20105— LEWIS MANAGEMENT CORP. August 23, 2017 Page 5 to the City at the time of recordation of the final map. In lieu fees shall be paid to the City prior to the issuance of building permits. The provision of on-site private open space and recreational facilities may be credited against the parkland dedication and/or fee requirement at the discretion of the Planning Commission provided that the standards outlined in the Municipal Code are met. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: Candyc ' rnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of August, 2017, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS, MUNOZ ABSTAIN: COMMISSIONERS: NONE Conditions of Approval RANCHO Community Development Department OVA MONG.1 Project#: SUBTT20105 Project Name: TT 5 PARCEL/// EMPIRE LAKES/THE RESORT Location: --- 020927220-0000 Project Type: Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. Approval is for the subdivision of a property of about 82 acres into five (5) parcels located within the Empire Lakes Specific Plan, Planning Area 1, located north of 6th Street, south of the Metrolink/BNSF rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues - APN: 0209-272-20. 2. Prior to the first building permit approved for a dwelling unit within this subdivision or approval of a final map to further subdivide any of the parcels created by this final map, whichever occurs first, a Community Facilities District (CFD) shall be established for the financing of construction, operation, and maintenance of public improvements and facilities, and public services within the area covered by Planning Area 1 of the Empire Lakes Specific Plan. In conjunction with any further discretionary approval for a development project proposed on any of the parcels created by this subdivision, the subject parcel or parcels shall be annexed in the CFD. The City will not take ownership of any public improvements without a fully funded CFD in place that has been approved by the Deputy City Manager(Administrative Services) or his/her designee. 3. Prior to the recordation of a final map that includes a subdivision involving more than 500 dwelling units, the property owner/developer shall demonstrate compliance with applicable requirements of SB 221 (Government Code Section 66473.7(b)(2)) in order to demonstrate the availability of an adequate and reliable water supply. 4. Prior to the recordation of the final map, the property owner/developer shall dedicate land, pay in-lieu fees, or a combination of both for the provision of neighborhood and community parks for recreational purposes. Land to satisfy dedication requirements shall be conveyed to the City at the time of recordation of the final map. In lieu fees shall be paid to the City prior to the issuance of building permits. The provision of on-site private open space and recreational facilities may be credited against the parkland dedication and/or fee requirement at the discretion of the Planning Commission provided that the standards outlined in the Municipal Code are met. Standard Conditions of Approval 5. The applicant than 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. www.CityofRC.us Printed:8/15/2017 Project#: SUBTT20105 Project Name: TT 5 PARCEL///EMPIRE LAKES/THE RESORT Location: --- 020927220-0000 Project Type: Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 6. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 7. 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. Engineering Services Department Please be advised of the following Special Conditions 1. All frontage improvements along The Vine (including the temporary access dedication 300 feet north of 6th Street), 4th Street, and 6th Street will be conditioned on the first development within the Empire Lakes (The Resort) specific plan area. 2. Prior to the first building permit approved for a dwelling unit within this subdivision or approval of a final map to further subdivide any of the parcels created by this final map, whichever occurs first, a Community Facilities District (CFD) shall be established for the financing of construction, operation, and maintenance of public improvements and facilities, and public services within the area covered by Planning Area 1 of the Empire Lakes Specific Plan. In conjunction with any further discretionary approval for a development project proposed on any of the parcels created by this subdivision, the subject parcel or parcels shall be annexed in the CFD. The City will not take ownership of any public improvements without a fully funded CFD in place that has been approved by the Deputy City Manager(Administrative Services) or his/her designee. 3. Land dedication or in-lieu fees for the provision of neighborhood and community parks or recreational purposes will be required on the development phases of the tract. Standard Conditions of Approval 4. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 5. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 6. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. www.CityofRC.us Printed:8/15/2017 Page 2 of 5 Project#: SUBTT20105 Project Name: TT 5 PARCEL/// EMPIRE LAKES/THE RESORT Location: --- 020927220-0000 Project Type: Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 7. The developer shall make a good faith effort to acquire the required off-site property interests necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462.5 at such time as the City decides to acquire the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City if the City decides to acquire the off-site property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited to: 7th Street connection 8. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 9. Corner property line cutoffs shall be dedicated per the Empire Lakes Specific Plan, City Standards and the CFD agreement. 10. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map, subject to approval by the City Engineer. 11. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. Grading Section Standard Conditions of Approval 1. 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. 2. 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. 3. 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 prior to the issuance of a grading or building permit. 4. 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. All dust control sign(s) shall be located outside of the public right of way. 5. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. www.CityofRC.us Printed:8/15/2017 Page 3 of 5 Project#: SUBTT20105 Project Name: TT 5 PARCEL/// EMPIRE LAKES/THE RESORT Location: --- 020927220-0000 Project Type: Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 6. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 7. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 8. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 9. 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. 10. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 11. This project shall comply with the accessibility requirements of the current adopted California Building Code. 12. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; • • iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 13. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 14. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. www.CityofRC.us Printed:8/15/2017 Page 4 of 5 Project#: SUBTT20105 Project Name: TT 5 PARCEL///EMPIRE LAKES/THE RESORT Location: --- 020927220-0000 Project Type: Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 15. It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance easements(s) from 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 the proposed flows do not exceed the existing flows prior to the issuance of a grading or building permit. 16. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. This shall be shown on the grading and drainage plan prior to issuance of a grading permit. 17. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 18. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 19. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 20. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 21. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project-specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project-specific water quality management plan. 22. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 23. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential 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. www.CityofRC.us Printed:8/15/2017 Page 5 of 5