Loading...
HomeMy WebLinkAbout6797RESOLUTION NO 6797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADOPTING FINDINGS OF FACT PURSUANT TO THE STA1 E SUBDIVISION MAP ACT FOR TENTATIVE TRACT MAP NO 18444 AND APPROVING TENTATIVE TRACT MAP NO 18444 BE IT RESOLVED by the City Council of the City of Redlands as follows Section 1 Pursuant to the requirements of the Subdivision Map Act (commencing with Section 66410 of the California Government Code), and based upon the evidence presented in the record, including staff reports, oral and written testimony, and the Environmental Impact Report (the "EIR"), the City Council of the City of Redlands makes the following findings with respect to Tentative Tract Map No 18444 ("TTM 18444") A The proposed map will be/is consistent with applicable General and Specific Plans, as well as application provisions of the City of Redlands Municipal Code TTM 18444 will consist of 199 single-family dwelling units at a density of less than nine units per acre and will encompass 22 90 net acres (collectively heremaftei ieferred as "TTM 18444") As addressed in greater detail in the EIR prepared in connection with TTM 18444, which analyzed the environmental effects of TTM 18444 pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq) ("CEQA"), TTM 18444 advances the goals and policies of the City of Redlands General Plan (the "General Plan") as well as the East Valley Corridor Specific Plan (the "EVCSP") Implementation of TTM 18444 will require certain amendments to the General Plan including (a) designation of a portion of the Redlands Commons site (legally described as Assessor's Parcel Nos 0167-091-02, 0167-091-04, 0167-091-05, and 0167-091-08 located on the eastern portion of TTM 18444 and bounded by San Bernardino Avenue to the south, Texas Street to the east, Pioneei Avenue to the north, and the Trojan Groves site to the west) that is currently designated as Commercial to Medium Density Residential (0 to 15 0 units per gross acre), and (b) modify the General Plan, Figure 5 1, Trafficway Network, to include New Yolk Street, a two-way collector street that runs in a north -south direction, generally separating the Redlands Commons property from the Trojan Groves property, which is bounded by San Bernardino Avenue to the south, Redlands Commons to the east, Pioneei Avenue to the north, and I-210 to the west Upon adoption of these amendments, TTM 18444 will be allowable within the General Plan area TTJvI 18444 will also comply with the land use policies contained in the General Plan which include the following Guiding Policies regarding Residential Areas in the City The policies include Guiding Policy 4 40a — Maintain the predominant single-family residential character of Redlands J \City Council Reports\Planning\CC 01 06.09\6797 TTM 18444 Redlands Commons Januar) 6 2009 DOC 1 Guiding Policy 4 40d — Encourage a variety of housing types to serve all economic segments of the community Guiding Policy 4 40g -- Locate Medium and High Density development near regional access routes, employment centers, shopping areas, and public services Guiding Policy 4 62n — Support a limited amount of residential land use within the East Valley Corndor TTM 18444 provides foi the expansion of housing opportunities in that it will create 199 two story single-family detached homes TTM 18444 will avoid deterioration of the quality of life through Project design features such as open space, infrastructure improvements, transportation improvements, and other measures as required by the EIR and other discretionary approvals Furthei, the City's Residential Development Allocation ("RDA") process ensures that growth occurs in a managed and controlled fashion to avoid deterioration to the quality of life, commonly associated with rapid growth Residential development is limited to four hundred dwelling units pei calendar year TTM 18444 proposes significantly less than the amount of growth than the City allows m a given year, and will be managed and controlled by the City to avoid deterioration to the quality of life As a result, the City finds that TTM 18444 is and will be consistent with the General Plan Implementation of TTM 18444 will also require certain amendments to the EVCSP to allow residential uses in an area that is designated for commercial uses, and to further specify residential development standards and allowable density TTM 18444 is located in an area that is designated by the EVCSP as a Special Development ("SD") District In order to allow TTM 18444's proposed residential uses, an amendment would be required to allow the planned 199 single-family detached dwelling units at a density of less than nine units per acre Upon adoption of a Specific Plan Amendment, the SD District will allow the residential land uses proposed by TTM 18444 The EVCSP, as well as the Concept Plan for TTM 18444 area, will incorporate and adopt development standards that specifically apply to single family residential uses within the Redlands Commons portion of the Development Envelope, which is known as "Planned Residential 9 " As a result, the City finds that the TTM 18444 is and will be consistent with the EVCSP Concept Plan No 7 for Redlands Commons and Trojan Groves (the "Concept Plan"), and the regulations contained therein, have been designed to be consistent with the City's Municipal Code The Concept Plan is intended to allow for development standards that specifically address the needs of TTM 18444, while insuring substantial compliance with the provisions of the various City ordinances 1 TM 1 8444 will comply with all applicable development standards contained in the Concept Plan Consequently, the City finds that TTM 18444 is and will be consistent with the General Plan, the EVCSP, as well as all applicable provisions of the City's Municipal Code 7 B Che design and improvement of the proposed subdivision are consistent with applicable General and Specific Plans TTM 18444 consists of 199 single-family detached dwelling units Relevant General Plan policies include Guiding Policy 2 101) — Provide for expansion of housing and employment opportunities while avoiding deterioration of the quality of life associated with rapid growth Guiding Policy 3 10c — Discourage large master planned projects which create housing of one type, similai design, of narrow price range Guiding Policy 3 10o — Limit the visible bulk of single-family homes Guiding Policy 4 62h — Create parks and open space areas which will meet the community's recreation needs in a meaningful way, and create areas which will enhance and add value to the community as a whole Guiding Policy 7 21f — Where feasible, landscape public areas using native vegetation Guiding Policy 9 Os — Require mitigation to ensure that indoor noise levels foi residential living spaces does not exceed 45 dB LDN/CNEL due to the combined effect of all extenoi noise sources TTM 18444 provides for the expansion of housing and employment opportunities TTM 18444 would create 199 two story single-family detached homes Commercial uses include 20,000 square feet of office and 85,500 square feet of inline retail and restaurant space TTM 18444 is consistent with Guiding Policy 2 1Oh because it will avoid deterioration of the quality of life through Project design features such as open space, ample parking, infrastructure improvements, transportation improvements, and other measures as required by the EIR and other discretionary approvals Further, the City's Residential Development Allocation ("RDA") process will operate to ensure that growth occurs in a managed and controlled fashion to avoid deterioration to the quality of life, commonly associated with rapid growth Residential development is limited to four hundred dwelling units pei calendar yearn TTM 18444 proposes significantly less than the amount of growth than the City allows in a given yearn, and will be managed and controlled by the City to avoid detenoration to the quality of life With regard to Guiding Policy 3 10c, TTM 18444 includes 199 for sale single-family detached homes This component will consist of three and foui bedroom units with 2 '/2 bathrooms in a courtyard clustei design Each clustei will contain up to five (5) dwelling units on separate lots and be accessible via a 24 -foot driveway entrance plus a 4 -foot sidewalk The building heights of the proposed units will range from 25 - 35 feet The varying designs and layout of the homes will create an aesthetically pleasing mix of homes that limit then visible bulk The design of the homes will be architecturally distinctive and aesthetically pleasing Furthermore, the charactei of the neighborhood will be consistent with General Plan goal of 3 "maintaining the predominant single-family residential character of Redlands" (Guiding Policy 4 40a) With regard to Guiding Policy 3 10o, T1 M 18444 will consist of housing units that will range in size from approximately 1,600 square feet to 2,200 square feet and consist of two stories built in a courtyard cluster design The building heights of the proposed units will range from 25 - 35 feet The varying designs and layout of the homes will create an aesthetically pleasing mix of homes that limit their visible bulk In addition, pockets of open space, landscaping along right-of-ways, and a network of meandermg sidewalks will help separate the various residential clusters and create view sheds The proposed Project will include a 2 1 -acre central open space aiea located within the residential portion of Redlands Commons, a 31,250 square feet (0 72 acres) Open Space Parcel bordering the western edge of the residential area, as well as other designated common open space areas All interior common open space areas will be available to residents for active recreational uses The pedestrian sidewalks along Pioneer Avenue and Texas Street will be meandering in nature to encourage a pedestrian friendly area to both Redlands Commons' residents as well as neighboring residents Pursuant to Guiding Policy 7 21f, TTM 18444 will be consistent with the landscaping requirements of the EVCSP, as stated in Section EV4 0245, and will utilize native vegetation to the extent feasible San Bernardino Avenue is designated as a Special Landscaped Street by the EVCSP and must meet additional landscaping requirements Finally, per Guiding Policy 9 Os, all residential units located within TTM 18444 will meet the standard of a maximum acceptable interior noise level of 45 dB CNEL This will be achieved through implementation of Project design features, Project Requirements ("PRs") of Mitigation Measures ("MMs") identified in the E1R Pursuant to PR 4 10C, the ETR indicates that the commercial and retail uses located adjacent to TTM 18444 shall not engage in loading, unloading, opening, closing of other handling of boxes, crates, containers, building materials, refuse containers or similar objects between the hours of 10 00 PM and 6 00 AM Further, pursuant to PR 4 10D, noise attenuation will be achieved through placement of a 6 -foot high wall around the perimeter of the residential uses contained within TTM 1 8444 As a result, TTM 18444 will meet with Guiding Policy 9 Os and interior noise levels will comply with the standard for maximum interior noise levels With regards to the EVCSP, the City processed a Specific Plan Amendment to allow the residential uses in a district that formerly allowed only commercial uses, and to furthei specify residential development standards and allowable density The amendment created a new Planned Residential 9 District in the EVCSP foi use in the proposed Concept Plan The amendment to the EVCSP allows the planned 199 single-family detached dwelling units at a density of less than nine units per acre As a result, development within TTM 18444 is consistent with the EVCSP and all relevant amendments thereto To this end, relevant provisions of the EVCSP are as follows a Maximum building height of 35 feet for structures located on TTM 18444 b Maximum coverage by structures shall be 50 percent of the lot area foi each lot, with no more than one main building 01 structure to be placed on a lot 4 c Minimum Building Setbacks front yard — 5 feet, real yard — 5 feet, side — 5 feet, main buildings and/or accessory building shall not be closer than 5 feet from any accessory buildings, residential lots immediately abutting an internal private street shall have a minimum of at least 10 feet in depth, and pernnetei lots abutting the exterioi boundary of the Planned Residential 9 area shall have a minimum setback of at least 12 feet d Each residential lot shall have access to the private internal street system through a common driveway of twenty-four (24) feet in width Such access may be shared with other adjoining lots e In addition to the above development standards there aie also landscaping, parking, lighting, trash enclosure, screening, fencing, wall, and sign requirements The residential uses proposed will be consistent with the uses permitted and conditionally permitted within the EVCSP As noted directly above in the analysis of the General Plan, no home will exceed the maximum building height limit of 35 feet Furthei, each home will consist of a maximum 50 percent coverage of lot area with no more than one main building oi structure placed on a lot, each home will comply with all setback requirements, each home will have access to the pnvate internal street system, and contain appropriate landscaping, parking, a trash enclosure, and fencing pursuant to design requirements included in the SD District Since TTM 18444 will conform to applicable design guidelines associated with the SD District, the City finds that the design and improvements of the subdivision is and will be consistent with the EVCSP As a result, the City finds that the design and improvement of the proposed subdivision are consistent with applicable General and Specific PIans C The site is physically suitable for the proposed type of development The property comprising TTM 18444 is currently in use as an active citrus grove, but would ultimately be developed to accommodate a 199 -unit residential development TTM 18444 is physically suitable for the proposed type of development because theie are no environmental hazards, there is suitable roadway access, and TTM 18444 will be connected to the City's utility infrastructure With respect to geological hazards, the land is relatively flat, with low potential for soil subsidence or eiosion There are no known locally active or potentially active faults trending toward of through TTM 18444 Because TTM 18444 is not in an Alquist-Priolo Earthquake Fault Zone, the potential for damage as a result of direct rupture is remote, and TTM 18444 would not present any adverse impacts with respect to exposing people or property to hazaidous conditions resulting from rupture of a known earthquake fault in TTM 18444 TTM 18444 has not been identified as being in an area subject to potentially susceptible liquefaction by the California Geologic Survey (the "CGS") or the County of San Bernardino Regional groundwatei maps and groundwatei data indicate that shallow groundwatei conditions do not exist locally, not have they existed historically As a result, the potential foi liquefaction to occur on-site is very low TTM 18444 does not contain any marsh 01 riparian woodland acreage, wetlands, oi urban streams 01 watercourses (here are no constraints that limit the physical suitability of the site foi 5 the proposed type of' development Therefore, the City finds that the site for TTM 18444 is physically suitable foi the type of development D The site is physically suitable for the proposed density of development TTM 18444 includes 199 single-family detached homes located immediately north of proposed TTM 18550, containing office and retail uses Land uses surrounding TTM 18444 include the proposed new high school site north of Pioneer Avenue, a proposed new Wal-Mart Super Center south of San Bernardino Avenue (south of TPM 18550), a retail/office development at the northeast corner of Texas Street and San Bernardino Avenue, and existing residential development at the southeast cornei of Pioneei Avenue and 1 exas Street Uses found along the eastern edge of TTM 18444 include existing single family residential, the City of Redlands water tank site and the former Sunkist Packing Plant Vacant land is located west of the Development Envelope on the west side of I-210 This vacant land is known as Trojan Groves and consists of 31 69 acres Although the Trojan Groves property is not yet subject to a Development Plan, it is assumed that this property would be unproved with uses allowed in the EVCSP The EVCSP contains development and peifornance standards which are designed to ensure an orderly transition from SD District uses to existing residential uses TTM 18444 has been configured in a way that minimizes impacts generated by the proximity of the commercial portion of TTM 18550 to the residential Foi example, Sections EV4 0225(c) & (d) require a minimum 40 foot setback between a commercial building and a residential land use and the tract map will comply with this requirement A minimum 40 -foot wide buffer, designated as open space, separates the proposed residential uses from future planned commercial uses on the Trojan Groves site To the south, a wall and a landscaped buffer, meeting the requirements of Section EV4 0225(c)(1)(A) & (13), will shield residential uses from impacts due to proximity to proposed commercial uses to the south In this regard, therefore, TTM 18444 is physically suitable foi the proposed density of development Proposed TTM 18444 also includes abundant open space, recreational areas, meandering walkways, and setbacks from surrounding roadways Each home will have its own private outdooi backyard available for recreational uses AH interior common open space areas will be available to residents for active recreational uses TTM 18444 is physically suitable to accommodate the City's open space requirement and setbacks TTM 18444 is also physically suitable to provide sewer, water and storm drainage services These facilities will be designed and constructed in accordance with plans reviewed and approved by the City With regard to sewerage, there currently exists a 21" sewer line in San Bernardino Avenue and an eight inch line m Texas Street TTM 18444 will be required to construct an eight inch sewer line along Pioneei Avenue from Texas Street to Alabama Street With regard to watei service, there is currently an existing eight inch water line in Z exas Street, a four -inch line in Pioneei Avenue and a two inch line in San Bernardino Avenue fhe City requires new residential uses to provide eight -inch watei lines wheie appiopriate As such, TTM 18444 will be responsible foi the installation of a new eight -inch line in Pioneei Avenue With regards to stormwatei, the development will connect to the storm drains adjacent to TTM 18444, 6 which connect to the I-210 channel These facilities are adequate to serve the increased runoff from TTM 18444 aftei development See EIR, Section 4 15 The internal street system will be physically suitable to serve TTM 18444 and will adequately serve the proposed residences within the development Project -related roadway improvements will be completed consistent with the EVCSP and the General Plan The residential component will also include the development of private interior roadways that will provide access to the residential units and serve as a place for visitor parking The local street network will be propeily designed and improved to carry the type and quantity of traffic to be generated by the proposed uses Roadways on-site and surrounding the site would be designed and improved to carry the type and quantity of to affic generated or to be generated by the proposed uses Therefore, the City finds that the site for TTM 18444 is physically suitable for the proposed density of development E The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habi tat TTM 18444 does not include habitat corridors, linkages, crossings, or travel routes and is, therefore, not expected to support any appreciable terrestrial or avian wildlife movement TTM 18444 does not connect two or more significant wildlife habitats because the surrounding areas are completely developed with urban and agricultural uses to the north and south, residential uses to the east, as well as 1-210, a significant barrier to movement, on the western portion of TTM 18444 TTM 18444 does not contain any marsh or riparian woodland acreage, wetlands, or urban streams or watercourses, and extensive MMs will mitigate any potential impacts to sensitive species to a less than significant level The MMs noted in the EIR include MM 4 4-1(a) Surveying foi nesting special -status avian species and raptors by qualified biologists selected by the developei, and approved by the City, on the affected portions of TTM 18444 not more than 30 days prioi to construction The results of surveys to be submitted to the U S Fish and Wildlife Services and/oi the California Department of Fish and Game, as well as the City of Redlands in the alternative the developei can begin construction aftei the previous season for local raptors and other special species has ended (aftei August 15) and before the next breeding season begins (Before February 15) MM 4 4-1(b) If active nests for special -status avian species 01 raptor nests are found within the construction footprint, construction activities shall be delayed within a minimum 500 -foot buffet zone surrounding active raptor nests and a minimum 250 -foot buffer zone surrounding nests of other special -status avian species until the young have fledged MM 4 4-2 One day prioi to disturbance of the citrus trees within the orchard located on TTM 18444, at least two biologists, one of which shall hold a valid California Scientific Collection Permit, shall conduct a pre -construction survey of 7 the area in order to relocate any individual silvery legless lizards This can be achieved through active capture and relocation to othei suitable habitat outside of the potential areas of impact (i e , outside TTM 18444) The EIR's analysis indicates that there are no significant and avoidable impacts relating to the nesting habitat foi migratory avian species of special concern and/oi raptors on Redlands Commons, the loss of the silvery legless lizard, the loss of foraging areas foi sensitive bat species, and the movement of any native resident oi migratory fish 01 wildlife species The environmental impacts of the residential development were analyzed in the EIR. See EIR, Section 4 4 Therefore, the City finds that design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife oi their habitat F The design of the subdivision and the proposed improvements are not likely to cause serious public health problems The design of the subdivision and the proposed improvements are not likely to cause serious public health problems A construction period mitigation plan has been required, and will sufficiently ensure that the construction will not endanger, jeopardize or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of TTM 18444 TTM 18444 will be designed in a manner that will not be detrimental to the public health, safety and welfare, including segregating uses that could potentially conflict with one anothei To this end, TTM 18444 will contain adequate setbacks and buffers between the residential and commercial areas in order to minimize impacts generated by the proximity of commercial use TTM 18444 All structures and associated amenities would meet the City's Building Code requirements Furthermore, private and common open space within TTM 18444 will be available to residents foi active recieational uses The inclusion of the generous buffers and open space will ensure abundant air and light which will further minimize any chance that serious public health problems could be caused as a result of the design of the subdivision and the improvements The subdivision will provide all the infrastructure necessary, including adequate sewer and water systems TTM 18444 is required to be connected to the City's sanitary sewei system where the sewage will be directed to facilities administered by the City of Redlands Municipal Utilities and Engineering Department (the "MUED") As reflected in the EIR, the MUED has reported that TTM 18444 would not violate the existing California Water Code because the subdivision will be connected to the public sewer system and will only have a mmoi incremental impact on the quantity of the effluent from the MUED The residential development will not discharge pollutants such as industrial sludge, noxious gasses, medical wastes 01 radioactive materials It will, however, generate typical residential waste The residential development will not exceed the City's capacity to treat wastewater as the City has the ability to process 9 5 mgd The facility is currently only processing 6 5 mgd Uses within Tract Map 18444 will generate 42.024 gallons per day As a result, the Tract Map will only reflect a slight imposition on the City's wastewater capacity With regard to solid waste, TTM 18444 will result in a new source of solid waste The City operates the California Street Landfill, which is a Class III landfill that accepts all solid 8 waste generated within the City's boundaries The total permitted daily throughput capacity for the landfill is 829 tons Currently, the average daily disposal is approximately 320 tons per day The residual average capacity is approximately 509 tons pei day Operation of TTM 18444 will generate 1 13 tons per day, or 411 tons per yeas As a result, the City has mole than adequate capacity to serve TTM 18444 Furthermore, TTM 18444 will observe the Municipal Code's regulations that govern the procedures foi collection, transfer, processing, and disposal of solid waste With regards to stornnvatei drainage, TTM 18444 will upgrade all curbs and gutters where appropriate in order to accommodate all drainage flowing from TTM 18444 As a result the City finds that the design of the subdivision and the proposed improvements are not likely to cause serious public health problems G The design of the subdivision and the proposed improvements will not conflict with easements acquired by the public at large foi access through 01 use of property within the proposed subdivision The design of the subdivision and the proposed improvements will not conflict with easements acquired by the public at large for access through or use of TTM 18444 within the proposed subdivision, no such easements are known to exist Needed public access for roads and utilities will be acquired by the City and/or appropriate utilities prior to recordation of the proposed tract All easements and public rights of way to serve TTM 18444 will be designated on the Final Map Therefore, the City finds that the design of the subdivision and the proposed improvements will not conflict with easements acquired by the public at large for access through 01 use of TTM 18444 within the proposed subdivision H The proposed subdivision will not result in parcels that would be too small to sustain then agricultural use pursuant to the California Land Conservation Act ("Williamson Act") Although the area comprising TTM 18444 currently consists of an active citrus grove, TTM 18444 is not located in a City designated Agricultural Preserve area, nor is it subject to a Williamson Act contract As noted in the analysis of the Concept Plan, the property comprising TTM 18444 is currently designated as a SD District, which envisions future development within the East Valley Corridor that will provide new residences and businesses to that will potentially attract growth to the area To this end, as demonstrated in the Measure U findings, the proposed density increase would not convert viable agncultural land to non-agricultural uses The area Surrounding the Project is becoming urbanized, with the potential of Wal-Mart to the south, existing residential uses to the northeast, proposed commercial development to the east, a proposed high school to the north and the existence of I-210 to the west With its prime access to freeways and major arterials, the property comprising TTM 18444 has been the logical place where this growth would occur While most of the growth has occurred south of the I-10, residential developments and neighborhood retail centers have sprung up in the northern portion of the City as well, particularly in the area surrounding TTM 18444 Agricultural uses on-site are not capable of success or continuing effectiveness, nor are they practicable It is, therefore, financially infeasible to maintain the property comprising TTM 18444 as agricultural land Further, as demonstrated in the EIR Findings, the property comprising TTM 18444 is designated as containing Prime Farmland and Farmland of Statewide Importance and will convert this Land fiom agricultural to urban uses, including commercial and residential This 9 property, howevei, is currently designated as a Special Development District by the EVCSP, which anticipates future urban development, including commercial and office development Further, the East Valley Corridor area is considered a pnme location for commercial and industrial development due to its proximity to large urban areas and relatively few topographic and environmental constraints TTM 18444 would not, however, instigate a change that that is not already reasonably foreseeable under the applicable land use plans and zoning assessed m the EVCSP or the General Plan Presently, agriculture has been permitted as an interim use on the land, but was not anticipated as a long term use As there are a number of current and future non-agricultural developments in the area, the transition into a more intensive use represents a logical, outward expansion of urban development Thus, the City finds that approval of the proposed subdivision will not result in parcels of land that would be too small to sustain their agi icultural use pursuant to the Williamson Act Further, should the City wish to revert the land back to agricultural uses after the operation life of TTM 18444 ends, the proposed subdivision will not result in parcels that would be too small to sustain their agriculturai use pursuant to the Williamson Act Presently, agriculture has been permitted as an intenm use on the land, but was not anticipated as a long term use As there are a numbei of current and future non-agricultural developments in the area, the transition into a more intensive use represents a logical, outward expansion of urban development Thus, the City finds that approval of the proposed subdivision will not result in parcels of land that would be too small to sustain their agricultural use pursuant to the Williamson Act Section 2 These findings shall apply to both the tentative and final maps for Tract No 18444 Section 3 Tentative Tract Map No 18444 is hereby approved, based upon the findings made within this Resolution and subject to the conditions of approval attached hereto as Exhibit ''A )f ADOPTED, SIGNED AND APPROVED this 6th day of January, 2009 ATTEST Mayor of the City of Redlands 10 I. Lome Poyzer, City Clerk ot the City ot Redlands, California, do hereby certify that the foregoing Resolution No 6797 'as duly adopted by the City Council at a regular meeting thereof held on the 6th day of January, 2009, by the following vote AYES Councilmembers Gilbreath, Gallagher, Aguilar Mayor Harrison NOES Councilmember Bean ABSENT None ABSTAIN None 7- \ Lome oyzer, City-tle Cit of Redland o a 11 EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS FOR TENTATIVE TRACT NO 18444 AND CONDITIONAL USE PERMIT NO 907 Prepared on. January 12, 2009 Applicant: Or Texas Street LLC Location. The south side of Pioneer Avenue west of Texas Street CONDITIONS OF APPROVAL TENTATIVE TRACT The issuance of any permits shall comply with all provisions of the Redlands Municipal Code, Concept Plan No. 7 and the East Valley Corridor Specific Plan. 2. Unless a time extension is granted in accordance with Title 17 of the Redlands Municipal Code, this tentative tract map shall be valid for two years from the time of City Council approval. 3 This approval is for a Tentative Tract Map to subdivide approximately 23 acres into 199 single family residential lots and eight (8) common area lots for property located on the south side of Pioneer Avenue, the west side of Texas Street and east of Tennessee Street in EV/SD Special Development District of the East Valley Corridor Specific Plan (proposed for change to EV/RP9 Planned Residential 9 District within Concept Plan No 7 of the East Valley Corridor Specific Plan). 4 The subdivision shall be subject to the provisions of the Residential Development Allocation process under the Growth Management Ordinance Title 19 of the Redlands Municipal Code. 5 The applicant shall establish a Home Owners Association (HOA) and CFD for the care and maintenance of all property improvements held in common ownership of the subdivision. The HOA and CFD shall be formed for the property and Conditions, Covenants and Restrictions (CC&R's) shall be prepared submitted for review and approval by the City Attorney prior to approval of the final map. The HOA and CFD and the CC&R's shall cover the care and maintenance of all property and improvements held in common CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO 18444 CONDTIONAL USE PERMIT NO 907 ownership of the subdivision. CC&Rs shall require residents to park vehicles in garages and prohibit parking is shared driveways. 6 The applicant for this subdivision, and its heirs, successors and assigns shall defend, indemnify and hold harmless the City of Redlands, its elected officials, officers, agents and employees from and against any claim, action, or proceeding to attack, set aside, void, and annul the approval of this subdivision by the City provided such action is brought within the time period provided for in Section 66499.37 of the California Government Code. The City will promptly notify the applicant of any claim, action, or proceeding that may be brought against it. 7 Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City 8 All plans submitted to the City shall reflect all City Council approvals and any other changes required by the Commission and/or staff. This condition applies to site plans, landscape plans, elevations, grading, and all other illustrations, text, or plans submitted to the City in connection with the project 9 All off-site and on-site utilities shall be placed underground. Prior to approval of the final map the applicant shall submit plans to be approved by the Community Development Director that detail undergrounding of all utilities for the project. 10 The applicant shall insure that the project shall be kept in weed free condition throughout all periods of development. 11 The applicant shall provide plans that detail retaining walls or obtainment of slope easements to maintain property lines at the tops of all slopes prior to approval of final map. 12. There shall be no cross lot drainage in the subdivision without a recorded drainage easement. 13. The applicant shall record the subdivision by a final tract map TENTATIVE TRACT NO 18444 CONDITIONAL USE PERMIT NO 907 CONDITIONS OF APPROVAL 14 Prior to Final Map approval, the applicant shall submit a final grading and drainage plan that shows how off-site drainage from adjacent, up -stream, private properties will be picked -up and carried to a City storm drain system. The plan shall identify the contours, improvements (buildings, driveways, walls, etc.), landscaping, and existing drainage systems of adjacent properties. The plan, at a minimum shall show the area 20 feet from the tract property line. The plan shall identify the relationship of the subdivision and its proposed grading and improvements to adjacent properties and their grading and improvements and show that the adjacent properties will not be negatively impacted as a result of the acceptance of drainage or on-site improvements. Plan are to be submitted, reviewed and approved by the Community Development Department and the Public Works Department prior to approval of the Final Map. 15 The applicant shall provide a subdivision improvement bond to insure the installation of recreational facilities, citrus groves and any other improvements proposed for the Tract. 16 Any conditions of approval determined by the City to not be completed prior to Final Map approval shall be the subject of a Subdivision Improvement Agreement entered into by the developer with the City 17 The final map shall conform with the tentative map as approved by the City Council. 18 Architectural relief shall be added to all street facades at corner lots. 19 Conditions, Covenants and Restrictions ("CC&Rs") shall be prepared by the applicant and approved by the City for the project which address the conditions of approval imposed upon the project and address the responsibilities of the Homeowners' Association ("HOA '). The CC&Rs shall contain the following: a. a provision which reads substantially as follows: 'The City shall have the right to review and approve any propose amendment or termination of [the CC&Rs] when such termination or amendment would alter amend, terminate or otherwise impair the rights of the City under those provisions of [the CC&Rs] which satisfy the conditions of approval imposed by the City for the project. All proposed amendments shall be submitted to the City's Community development Director and shall be approved in writing by the City Attorney as a precondition of and prior to the recordation of such amendment. TENTATIVE TRACT NO 18444 CONDITIONAL USE PERMIT NO 907 CONDITIONS OF APPROVAL b. a provision which reads substantially as follows: '[The CC&Rs] shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be. to the fullest extent permitted by law and equity binding for the benefit and the favor of and enforceable by the City of Redlands. Although the City of Redlands shall be a beneficiary of [the CC&Rs], and shall have a right to enforce [them], the City of Redlands shall not be obligated hereunder to exercise such rights of enforcement. c. a provision which prohibits overnight parking on private streets within the Planned Residential Development. 20 The CC&Rs shall be subject to a joint review by the all affected City Department Directors and the City Attorney's Office. The applicant shall be required to pay for the review of the CC&Rs by the affected Department Directors and the City Attorney's Office at such persons' hourly billing rates. 21 The CC&Rs shall be submitted to the City at least twenty (20) days prior to the submission of any request for approval of the final map. The CC&Rs shall subsequently be recorded, in the form approved by the City prior to or at the same time as the final map. 22 Any conditions of approval regarding common area improvements that will not be completed prior to recordation of the Final Map shall be the subject of a Subdivision Improvement Agreement entered into by the applicant with the City of Redlands. Surety in accordance with the standards established by the City shall be provided to guarantee completion of said common area improvements. 23 The applicant shall comply with all applicable Mitigation Measures included in the Mitigation Monitoring Program prepared for the Redlands Commons Environmental Impact Report. 24 As a condition of and prior to final map approval, the applicant shall (1) petition the City for annexation of the property comprising Tentative Parcel Map No 19078 to the City's Community Facilities District No. 2004-1 or a similar City community facilities district, as designated by the City (2) take all actions reasonable or necessary to annex such property to the community facilities district; and (3) pay the reasonable and actual costs incurred by the City in annexing the property to the community facilities district; all for the purpose of the maintenance of landscaping of private common areas and public rights-of-way TENTATIVE TRACT NO 18444 CONDITIONAL USE PERMIT NO 907 CONDITIONS OF APPROVAL 25 A 20 foot setback shall be provided for the perimeter wall running parallel to Texas Street. 26 Prior to the installation of any Mexican Fan Palm (Washingtonia robusta) proposed in the Landscape Plan, the developer shall work with the City of Redlands to identify and acquire Mexican Fan Palms owned by the City that would be removed by the City pursuant to the City's efforts to remove such trees located under power lines. For such identified Mexican Fan Palm located under interfering, or anticipated to interfere with overhead power lines, the developer at its sole cost and expense, shall remove the tree and relocate to the Redlands Commons property pursuant to the Landscape Plan. The developer shall provide the City with a replacement minimum 15 -gallon tree listed on the city's approved tree list that is suitable to grow under power lines ("Replacement Tree '). Within 12 months of planting of the Replacement Tree, if the tree does not survive, the developer shall replace the Replacement Tree with another 15 - gallon tree listed on the City's approved tree list. The City shall not charge the developer any fee to implement the provisions contained within this subsection. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT The issuance of any permits shall comply with all provisions of the Redlands Municipal Code. 2. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this application shall expire on concurrently with the expiration of Tentative Tract Map No. 18444 3 No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied. 4 This approval is for a Conditional Use Permit for a 199 unit Planned Residential Development (PRD) on approximately 23 acres located on the south side of Pioneer Avenue, the west side of Texas Street and east of Tennessee Street in the EV/SD Special Development District of the East Valley Corridor Specific Plan (proposed for change to EV/RP9 Planned Residential 9 District within Concept Plan No 7 of the East Valley Corridor Specific Plan). TENTATIVE TRACT NO 18444 CONDITIONAL USE PERMIT NO 907 CONDITIONS OF APPROVAL 5 All plans submitted to the City shall reflect all Planning Commission and City Council approvals and any other changes required by the Commission and/or staff This condition applies to site plans, landscape plans, elevations, grading, and all other illustrations, text, or plans submitted to the City in connection with the project. 6 All utilities shall be placed underground. Plans shall be submitted that detail the undergrounding of all off-site and on-site utilities, subject to review and approval by the Community Development Director prior to issuance of building permits. 7 The project site shall be kept in a weed and dust free condition throughout all periods of development. 8. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City 9 Each unit shall have two (2) covered parking spaces as required by the Redlands Municipal Code. 10 Any orange groves, landscaping and amenities on the common lots shall be maintained by a Homeowners Association and/or a Community Facilities District. 11 Landscaping for each lot shall be planted and installed prior to occupancy of the unit. 12. Trex fencing shall be used between individual lots found within the PRD 13 The applicant shall comply with all applicable Mitigation Measures included in the Mitigation Monitoring Program prepared for the Redlands Commons Environmental Impact Report. 14 As a condition of and prior to final map approval, the applicant shall (1) petition the City for annexation of the property comprising Tentative Parcel Map No 19078 to the City's Community Facilities District No. 2004-1 or a similar City community facilities district, as designated by the City; (2) take all actions reasonable or necessary to annex such property to the community facilities district; and (3) pay the reasonable and actual costs incurred by the City in TENTATIVE TRACT NO 18444 CONDITIONAL USE PERMIT NO 907 CONDITIONS OF APPROVAL annexing the property to the community facilities district; all for the purpose of the maintenance of landscaping of private common areas and public rights-of-way 15 A 20 foot setback shall be provided for the perimeter wall running parallel to Texas Street. 16 Window trim for Plan 3 homes on the left and rear elevations shall be redesigned to provide longer bands of trim at the top and bottom of windows. 17 A second support post shall be added to the covered entrance for Plan 4 homes with Monterey style architecture. 18 All Department Conditions of Approval shall be included as notes on plans submitted to the City for building permits. 19 Prior to the installation of any Mexican Fan Palm (Washingtonia robusta) proposed in the Landscape Plan, the developer shall work with the City of Redlands to identify and acquire Mexican Fan Palms owned by the City that would be removed by the City pursuant to the City's efforts to remove such trees located under power lines. For such identified Mexican Fan Palm located under interfering, or anticipated to interfere with overhead power lines, the developer at its sole cost and expense, shall remove the tree and relocate to the Redlands Commons property pursuant to the Landscape Plan. The developer shall provide the City with a replacement minimum 15 -gallon tree listed on the city's approved tree list that is suitable to grow under power lines ("Replacement Tree'). Within 12 months of planting of the Replacement Tree, if the tree does not survive, the developer shall replace the Replacement Tree with another 15 - gallon tree listed on the City's approved tree list. The City shall not charge the developer any fee to implement the provisions contained within this subsection. Oscar Orci Community Development Director MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT DEVELOPMENT REQUIREMENTS TRACT NO. 18444 (CUP No. 907) Date of P.C. Meeting: May 13, 2008 Applicant: On Texas Street Location: Property Bounded by Pioneer Avenue, Texas Street and San Bernardino Avenue The applicant shall comply with the following engineering requirements as necessary because the required construction is a necessary prerequisite to the orderly development of the surrounding area and for public health and safety. All requirements for development shall be consistent with requirements set forth in the East Valley Corridor Specific Plan. A. The following items are required prior to issuance of the GRADING PERMIT No Grading Permit is required. B. The following items are required prior to RECORDATION OF TRACT MAP 1 Pay plan check fee as established per resolution. The amount is to be determined at plan check submittal. 2. All support documentation shall be submitted with the tract map to be checked. Submission shall include but not be limited to: Title Reports for the property All tract maps and deeds referenced on the Tract Map Easement Documents Boundary and Lot Closure Calculations 3. Requirements for San Bernardino Avenue. a. Dedicate to provide for a 60 foot half street right-of-way width including corner cutoffs at the property line return to accommodate a 35 foot radius curb return and pedestrian ramp. 4 Requirements for Texas Street. a. Dedicate to provide for a 44 foot half street right-of-way width. 5. Requirements for Pioneer Avenue a. Dedicate to provide for a 33 foot half street right-of-way width including a corner cutoff at the property line retum to accommodate a 30 foot radius curb return and pedestrian ramp. Tract 18444 May 13, 2008 Page 2 6. Survey and Monumentation bond must be posted. 7 Execute Subdivision Improvement Agreement. 8. Owner's Civil Engineer shall furnish tie sheets for all paints set or found in public right-of-ways and one mylar copy of recorded tract map to the City Engineer. C. The following items are required prior to issuance of the BUILDING PERMIT 1. No Building Permit is allowed or required. D. The following items are required prior to issuance of the ENCROACHMENT PERMIT I. No Encroachment Permit is required. E. The following items are required prior to issuance of CERTIFICATE OF OCCUPANCY 1. No Certificate of Occupancy will be issued or required. F The following items are required prior to release of BONDS/WARRANTIES, 1. Prior to the release of the bonds for the project, all requirements outlined in Section 13 of these conditions of approval shall be satisfied. 2. Owner's Civil Engineer shall famish tie sheets for all points set or found in public right-of-way and one mylar of recorded tract map to the City Engineer. 3. Monumentation letter shall be submitted certifying that all monuments have been set as required. "'-----� ROSEMARY HOERNING Director of Municipal Utilities and Public Works Engineering/City Engineer Lvy 1 1 F: akc FILE: TRACT NO. 15444 (CUP NO. 907) MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT DEVELOPMENT REQUIREMENTS CUP 907 TENTATIVE TRACT MAP NO. 18444 (204 Lots) Date: May 13, 2008 Applicant: Gretchen Sauer Location: SWC Pioneer Avenue and Texas Street The specific fee amounts to be paid by the applicant or its successor shall be those established by the city and in effect on the date the permit or other conditioned approval noted below is issued. The fees specified herein are based on estimated flows for a residential use identified on the submitted plans. If there is a change in use or tenant improvement resulting in higher estimated flows due to the proposed use, the fees for the additional flows will be due at that time. The fees estimated herein are advisory only GENERAL, Comply with Title 13 and other sections of the Redlands Municipal Code in effect at the time of approval or issuance of permits, as applicable. WATER SECTION. I'RE DEVELOPER SHALL. Pay the Water Source Acquisition Charge at S 810 per single family residential unit on Lots under 11,000 SF as a condition of the final approval of the tract map. S 165.200 2. Pay the Water Capital Improvement Charge at 55,350 per single family residential unit on lots under 11,000 SF as a condition of the approval of the application for a water connection prior to meter installation. S 1.091.400 Pay applicable non -potable development impact fees for common area as a condition of approval for the application for a non -potable water service connection prior to meter installation. 4 Pay the Water Main Frontage Charge at 530 per linear foot of frontage (830 feet) in Texas Street, as a condition of final approval of the tract map. $24.900 5 Pay the Water Main Frontage Charge at 530 per linear foot of frontage (1,330 feet) in Pioneer Avenue, as a condition of final approval of the tract map. $39 900 Redlands Commons, CUP 907 SWC of Pioneer Avenue and Texas Street May 13 2008 Page 2 6. Developer shall grant city an easement in the form of easement deed, reasonably satisfactory to city The utility easement shall convey the right for ingress and egress, and the right -to -construct, maintain, operate, replace, and renew a water and/or sewer main and appurtenances, in, upon, and across the easement, or any part thereof. The utility easement shall restrict the right of the property owner to use the property within the easement, such that it is kept free of all structures, trees, fences, and obstructions, including overhead obstructions, which may interfere with the construction, operation, maintenance, and repair of a water and/or sewer main and appurtenances, located within the utility easement. 7 Install an 8 -inch diameter water main within the required utility easement, connecting to the existing water mains in Pioneer Avenue and/or Texas Street, as approved by the Municipal Utilities and Engineering Department. 8. Install a 16 -inch diameter non -potable water main along the frontage in Texas Street and an extension to approximately 470 feet south of Pennsylvania Avenue, as approved by the Municipal Utilities and Engineering Director. If the 16 -inch diameter non -potable water main exists along the frontage then pay non -potable water main frontage fee at $23 per linear foot as a condition of final approval of tract map. 9 Install commercial fire hydrants as required by the Redlands Fire Department and approved by die Municipal Utilities and Engineering Director. 10. Install reduced pressure principle backflow devices on all non -potable water services as approved by the Municipal Utilities and Engineering Department and double detector check valve backflow devices on any separate fire service for fire sprinklers. SEWER SECTION: THE DEVELOPER SHALL. Pay the Sewer Capital Improvement Charge at $4 490 per single family residential unit as a condition of issuance of a building permit. S 915.960 2. Install an 8 -inch diameter sewer main within the required utility easement, and maintain a minimum 10 -foot separation with the proposed water main, as approved by the Municipal Utilities and Engineering Director 3. Install an 8 -inch sewer main extension in Pioneer Avenue from an existing sewer main approximately 1,500 feet west of the west right-of-way of Interstate 210 to the nearest connection point to the property as approved by the Municipal Utilities and Engineering Redlands Commons, CUP 907 SWC of Pioneer Avenue and Texas Street May 13 2008 Page 3 Director. SOLID WASTE SECTION. no. DEVELOPER SHALL. 1 Pay the Solid Waste Capital Improvement Charge of $650 per single family residential unit, as a condition of issuarce of a building permit. 5132.600 2. Submit site and building recycling plans in accordance with Chapter 13.66 of the Redlands Municipal code, and comply with the plans as approved by the Municipal Utilities and Engineering Department. AIRPORT SECTION: THE DEVELOPER SHALL. (No Requirements.) ROSEMARY/HO Director of Municipal Utilities & Public Works Engineering/City Engineer COMMUNITY DEVELOPMENT BUILDING AND SAFETY CONDITIONAL USE PERMIT 907 COMMISSION REVIEW i APPROVAL NO. 851 GENERAL PLAN AMENDMENT P40. 117 SPECIFIC PAL NO. 40 AMENDMENT NO. 38 CONCEPT PLAN NO, 7 MINOR SUBDIVISION NO. 341 TENTATIVE TRACT P40. 18444 April 14, 2008 May 13, 2008 On Texas Street LLC Attn. Gretchen Sauer South side of Pioneer Avenue, the west side of Texas Street and east of Tennessee Street Date of Preparation: Planning Commission Date: Applicant: Location: 1 In compliance with the California Building Code (Application for Permit) and prior b the plan and two )sets the a slicant must submit five (5) complete sets of cone plans reports, specifications, engineering calculations, diagrams,�� date the Investigation reporg divisionor review andstructural observation eand otherh permit Plans and specifications shall be drawnawto Pa to the isle upon suance of a building shall be of sufficient clarity to Indicate the location nature and extent of the wand ork proposed and show In detailrult and at it will conform to the provisions of codes and all relevant laws ordinances, regulations. 2. In compliance with the City of Redlands plan check requirement and part of the plan check process, the applicant shall insert the Conditions of Approvals from each city departments as part of the General Notes. 3. In compliance with the California Plumbing Code and prior to the pian check the applicant must submit three (3) complete sets of on -sits sewer and water plane to the building division for review and approval process, PP prior to the Issuance of a plumbing permit, 4 In compliance with the California Code ofRgulationa Title 24, Part 2, Appendix 1 (Administration), the structures shall notcertificate of occupancy be occupied until a ce upa has begranted by the City of Redlands. panncycy n 5. In compliance with the Redlands City Ordinances and during the plan check process, the applicant must submit four (4) sets of fire sprinkler or fire alarm plans for plan check review and approvals prior to building 6. In compliance with the California Building the issuance of a buildingg Code (Excavation and Grading) and prior to report showing all fills haveeben compacted tlaboratory a min mur�sosubmit pe a final of maximum density to the Building Division for review and approval prior to the issuance of a building permit. T In compliance with the California Building Cods (Excavation and Grading) and prior to the issuance of a building permit, the CM Engineer must submit a letter of pad certification to the building division for review and approval prior to the issuance of a building permit. 8. In compliance with the California Cods of Regulations, Title 24 Part 2. (Accessibility Standards) and prior to the building plan check approval, the designer, Architect or Engineer must provide project designs for accessibility for the physically challenged to the building division. Submit the design to the Building Division for their review and approvals prior to the issuance of a building permit 9. In compliance with the City of Redlands Municipal Code (Title 18 - Easements) and prior to the issuance of a building permit, the applicant must provide copies of the recorded easement documentation for water drainage, utilities, or private sewer (on-site) Tines to the Building Division for their review and approval prior to the issuance of a building permit. 10. Prior to the start of construction and prior to the first building Inspection, project address shall be posted, sanitation facility provided, and erosion controls per the City Engineer approved plans shall be In place. 11 In compliance with the Redlands Municipal Code (Land Development Standards) slopes exceeding three (3) feet in height shall be provided with irrigation systems and sufficient plants chosen from a list of erosion -resisting plants available at the Department of Building and Safety or design slopes with an approved matting material designed by the project engineer and submit the design to the Building Division with the grading plan check for review and approval. 12. In compliance with the Redlands Municipal Code and prior to the issuance of grading permits, the applicant shall receive necessary approvals and permits for the demolition of structures on the site. 13. In compliance with the California Building Codes and prior to Certificate of Occupancy or electric/gas releases, the structure shall be provided with sanitation facilities. Such facilities shall be located either In such building or conveniently in a building adjacent thereto on the same property. 14 Prior to Final Occupancy the design architect/engineer and/or developer shall submit to the Building and Safety office a complete set of approved structural and architectural drawings for the construction of structural and architectural work, including truss, electrical, plumbing, and mechanical plans, which will be transmitted on CD, TIF or GIF imaging file, for archiving purposes per the State of California Requirementa. RiGitardPepper 4 ---- Chief Building Official REDLANDS FIRE DEPART'hfE. FIRE PREVENTION BUREAU CONDTl'10NAIi r-cr ernes i DATE OF PRE? RA flQy a. ♦ 6nt YF .:s... 4prll 14, 2008 Gretchen Sauer S/side of Pioneer Ave, W/side of Teas St, E/of Tennessee St, to New York Street May 13, 2008 THE OWNER/APPLICANT SHALL MEET ALL THE FOLLOWING CONDITIONS: The developer shall provide fire flow at 1500 gpm x 2 hours demon. 2. The developer shall provide NFPA-13D fire sprinklers in all structures/buildings, including the garages. 3. The developer shall provide Fire and Police entrances gates in project.Department access to key switch on both 4. The developer shall provide on-site fire hydrants at 600' area. through -out project 5. The developer shall provide fire access road, with a minimum of 36' in width with parking in only designated spaces, and maintained a minimum of 20' obstructed fire access, failure to maintain will require entire project to be designated at NO PARKING, FIRE LANE' 6. The developer shall provide 4' highlightedaddress numbers that each structure/buildings. ucture/buildings. face the driveways on r Leonard E. Temby PGe Harsh O'n CUP 907 71E444 DOC