The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the proposed Project. The PRIMP shall be consistent with the guidelines of the Society of Vertebrate Paleontology (SVP).
of Development
Services, Planning
Division, or designee
activities.
During all rough
grading and other
significant grounddisturbing activities.
3.8: Greenhouse Gas Emissions
The proposed project would not result in any significant adverse impacts related to greenhouse gas emissions. No mitigation is required.
3.9: Hazards and Hazardous Materials
The proposed project would not result in any significant adverse impacts related to hazards and hazardous materials. No mitigation is required.
3.10: Hydrology and Water Quality
RCM HYD-1 Construction General Permit. Prior to issuance of a grading permit, the Applicant shall obtain coverage under the State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction and Land Disturbance Activities (Order No. 2022-0057-DWQ, NPDES No. CAS000002) (Construction General Permit). This shall include submission of Permit Registration Documents (PRDs), including a Notice of Intent for coverage under the permit to the SWRCB via the Stormwater Multiple Application and Report Tracking System (SMARTS). The Applicant shall provide the Waste Discharge Identification Number (WDID) to the Director of the City of Redlands Department Applicant / Director of
the City of Redlands
Department of
Municipal Utilities and
Engineering, or
designee
Prior to issuance of a
grading permit.
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Draft IS/MND Mitigation Measure or Regulatory Compliance Measures Responsible Party/
Approving Agency
Timing for
Mitigation Measure
Tracking
of Municipal Utilities and Engineering, or designee, to demonstrate proof of coverage under the Construction General Permit. Project construction shall not be initiated until a WDID is received from the SWRCB and is provided to the City, or designee. A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and implemented for the proposed Project in compliance with the requirements of the Construction General Permit. The SWPPP shall identify construction Best Management Practices (BMPs) to be implemented to ensure that the potential for soil erosion and sedimentation is minimized and to control the discharge of pollutants in storm water runoff as a result of construction activities. Upon completion of construction and stabilization of the site, a Notice of Termination shall be submitted via SMARTS.
RCM HYD-2 Prior to the commencement of any land disturbing activities, the Applicant shall obtain coverage under the Construction General Permit and develop a Stormwater Pollution Prevention Plan to the City for review and approval that incorporates Best Management Practices to protect water quality during construction activities pursuant to Section 13.54 of the City Municipal Code.
Applicant / Director of
the City of Redlands
Department of
Municipal Utilities and
Engineering, or
designee
Prior to the
commencement of
any land disturbing
activities.
RCM HYD-3 Prior to issuance of a grading permit, the Applicant shall submit a Final Water Quality Management Plan (Final WQMP) to the Director of the City of Redlands Department of Development Services review and approval in compliance with the requirements of the Santa Ana RWQCB’s NPDES Permit Waste Discharge Requirements for the San Bernardino County Flood Control District, the County of San Bernardino, and the Incorporated Cities of San Bernardino County Within the Santa Ana Region Area-Wide Urban Stormwater Runoff Management Program (Order No. R8-2010-0036, NPDES No. CAS618036) (San Bernardino County MS4 Permit). The Final WQMP shall specify the BMPs to be incorporated into the Project design to target pollutants of concern in storm water runoff from the Project site and the necessary operation and maintenance activity for each BMP. The City shall ensure that the BMPs specified in the Final WQMP are incorporated into the final Project design.
The proposed BMPs specified in the Final WQMP shall be incorporated into the grading and development plans submitted to the City for review and approval. Project occupancy and operation shall be in accordance with the schedule outlined in the WQMP.
Applicant / Director of
the City of Redlands
Department of
Development Services,
Planning Division, or
designee
Prior to issuance of a
grading permit.
3.11: Land Use and Planning
The proposed project would not result in any significant adverse impacts related to land use and planning. No mitigation is required.
3.12 Mineral Resources
The proposed project would not result in any significant adverse impacts related to mineral resources. No mitigation is required.
3.13: Noise
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Draft IS/MND Mitigation Measure or Regulatory Compliance Measures Responsible Party/
Approving Agency
Timing for
Mitigation Measure
Tracking
SC NOI-1 Compliance with Sections 8.06.090F (Noise Disturbances Prohibited) and Chapter 8.06.120 (Exemptions) of the City of Redland’s (City) Municipal Code. Construction activities, including operating or causing the operation of any tools or equipment used in site preparation, construction, drilling, repair, alteration, grading, paving, and/or architectural coating shall be restricted to the hours of 7:00 a.m. to 8:00 p.m. Mondays through Saturdays, and are prohibited at any time on Sundays and holidays unless permission is given by the City and noise levels remain below the City’s noise level standards.
All mobile or stationary internal combustion engine-powered equipment or machinery shall be equipped with exhaust and air intake silencers in proper working order and shall be maintained so that vehicles and their loads are secured from rattling and banging.
Construction
Contractor / City of
Redlands
During all
construction
activities.
3.14: Population and Housing
The proposed project would not result in any significant adverse impacts related to population and housing. No mitigation is required.
3.15: Recreation
The proposed project would not result in any significant adverse impacts related to recreation. No mitigation is required.
3.16: Public Services
The proposed project would not result in any significant adverse impacts related to public services. No mitigation is required.
3.17: Transportation
MM TRA-1 Prior to submission of building permits, the Applicant shall coordinate with the City’s Engineering Division to determine the anticipated cost of evaluating and optimizing signal timing parameters at the intersection of Tennessee Street and West Lugonia Avenue. The Applicant shall submit payment to the Engineering Division covering the determined cost in full, consistent with County guidelines. The Building and Safety Division shall confirm the completion of payment prior to issuing building permits. Upon conclusion of Project construction, the Building and Safety Division shall not issue a Certificate of Occupancy to the Applicant until receiving confirmation from the City that signal optimization has been completed.
Applicant / City of
Redlands Building and
Safety Division
Prior to submission
and issuance of
building permits.
3.18: Tribal Cultural Resources
MM TCR-1 Native American Treatment Agreement. Prior to the issuance of grading permits, the Applicant shall enter into a Tribal Monitoring Agreement with the Consulting Tribe(s) for the Project. The Tribal Monitor shall be on-site during all ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Monitor shall have the authority to temporarily divert, redirect, or halt the ground-disturbing activities to allow identification, Applicant / Consulting
Tribe(s) and Tribal
Monitor
Prior to the issuance
of grading permits.
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Draft IS/MND Mitigation Measure or Regulatory Compliance Measures Responsible Party/
Approving Agency
Timing for
Mitigation Measure
Tracking
evaluation, and potential recovery of cultural resources.
MM TCR-2 Retention of Archaeologist. Prior to any ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post replacement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind), and prior to the issuance of grading permits, the Applicant shall retain a qualified archaeologist who meets the U.S. Secretary of the Interior Standards (SOI). The archaeologist shall be present during all ground-disturbing activities to identify any known or suspected archaeological and/or cultural resources. The archaeologist shall conduct a Cultural Resource Sensitivity Training, in conjunction with the Tribe[s] Tribal Historic Preservation Officer (THPO), and/or designated Tribal Representative. The training session shall focus on the archaeological and tribal cultural resources that may be encountered during ground-disturbing activities as well as the procedures to be followed in such an event.
Qualified Archaeologist
/ Consulting Tribe(s)
Prior to any grounddisturbing activities
(including, but not
limited to, clearing,
grubbing, tree and
bush removal,
grading, trenching,
fence post
replacement and
removal,
construction
excavation,
excavation for all
utility and irrigation
lines, and
landscaping phases
of any kind), and
prior to the issuance
of grading permits
MM TCR-3 Cultural Resource Management Plan. Prior to any ground-disturbing activities the Project archaeologist shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing, and responsibilities of all archaeological and cultural resource activities that occur on the Project site. This Plan shall be written in consultation with the Consulting Tribe(s) and shall include the following: approved Mitigation Measures (MM)/Conditions of Approval (COA), contact information for all pertinent parties, parties’ responsibilities, procedures for each MM or COA, and an overview of the Project schedule.
Project Archaeologist /
Consulting Tribe(s)
Prior to any grounddisturbing activities.
MM TCR-4 Pre-Grade Meeting. The retained qualified archeologist and Consulting Tribe(s) representative shall attend the pre-grade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan.
Qualified Archaeologist
/ Consulting Tribe(s)
Prior to any grounddisturbing activities.
MM TCR-5 On-site Monitoring. During all ground-disturbing activities the qualified archaeologist and the Native American monitor shall be on-site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources as defined in California Public Resources Code Section 21074.
Construction
Contractor, Qualified
Archeoglogist, and
Native American
During all grounddisturbing activities.
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Draft IS/MND Mitigation Measure or Regulatory Compliance Measures Responsible Party/
Approving Agency
Timing for
Mitigation Measure
Tracking
Archaeological and Native American monitoring will be discontinued when the depth of grading and the soil conditions no longer retain the potential to contain cultural deposits.
The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring.
Monitor / Consulting
Tribe(s)
MM TCR 6 Inadvertent Discovery of Cultural Resources. In the event that previously unidentified cultural resources are unearthed during construction, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert and/or temporarily halt ground-disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed.
If a potentially significant cultural resource(s) is discovered, work shall stop within a 60-foot perimeter of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist and Tribal Monitor[s].
The archaeologist shall notify the Lead Agency and Consulting Tribe(s) of said discovery. The qualified archaeologist, in consultation with the Lead Agency, the Consulting Tribe(s), and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the treatment and disposition of the Tribal Cultural Resource shall be made by the qualified archaeologist in consultation with the Tribe[s] and the Native American monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatments and dispositions of significant cultural resources in order of CEQA preference:
A. Full avoidance.
B. If avoidance is not feasible, Preservation in place.
C. If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction.
D. If all other options are proven to be infeasible, data recovery through excavation and then curation in a Curation Facility that meets the Federal Curation Standards (CFR 79.1)
Construction
Contractor, Qualified
Archeoglogist, and
Native American
Monitor / Consulting
Tribe(s)
During construction.
MM TCR-7 Inadvertent Discovery of Human Remains. The Consulting Tribe(s) requests the following specific conditions to be imposed in order to protect Native American human remains and/or cremations. No photographs are to be taken except by the coroner, with written approval by the Consulting Tribe(s).
A. Should human remains and/or cremations be encountered on the surface or Construction
Contractor / Consulting
Tribe(s)
During construction.
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Draft IS/MND Mitigation Measure or Regulatory Compliance Measures Responsible Party/
Approving Agency
Timing for
Mitigation Measure
Tracking
during any and all ground-disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within a 100-foot perimeter of the discovery. The area shall be protected; project personnel/observers will be restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to make his/her determination pursuant to State and Safety Code §7050.5. and Public Resources Code (PRC) § 5097.98.
B. In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of HSC §7050.5.
C. The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC §5097.98
D. If the Morongo Band of Mission Indians has been named the Most Likely Descendant (MLD), the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance where they will reside in perpetuity. The place(s) of reburial shall not be disclosed by any party and is exempt from the California Public Records Act (California Government Code § 6254[r]). Reburial location of human remains and/or cremations shall be determined by the Tribe’s Most Likely Descendant (MLD), the landowner, and the City Planning Department.
MM TCR-8 Final Report. The final report[s] created as a part of the Project (AMTP, isolate records, site records, survey reports, testing reports, etc.) shall be submitted to the City and Consulting Tribe(s) for review and comment. After approval of all parties, the final reports shall be submitted to the Eastern Information Center, and the Consulting Tribe(s).
Qualified Archaeologist
/ Consulting Tribe(s)
3.19: Utilities and Service Systems
The proposed project would not result in any significant adverse impacts related to utilities and service systems. No mitigation is required.
3.19: Wildfire
The proposed project would not result in any significant adverse impacts related to wildfire. No mitigation is required.
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Redlands Regular Meeting of 03-05-2024 828 of 967
January 2024
FINAL
INITIAL STUDY /
MITIGATED NEGATIVE DECLARATION
THE NEIGHBORHOODS AT LUGONIA VILLAGE PROJECT
CITY OF REDLANDS
SAN BERNARDINO COUNTY, CALIFORNIA
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January 2024
FINAL
INITIAL STUDY /
MITIGATED NEGATIVE DECLARATION
THE NEIGHBORHOODS AT LUGONIA VILLAGE PROJECT
CITY OF REDLANDS
SAN BERNARDINO COUNTY, CALIFORNIA
Prepared for:
City of Redlands
Development Services Department, Planning Division
35 Cajon Street, Suite 20
Post Office Box 3005
Redlands, California 92373
(909) 798-7555
Prepared by:
LSA Associates, Inc.
1500 Iowa Avenue, Suite 200
Riverside, California 92507
(951) 781-9310
Project No. CRX2202
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TABLE OF CONTENTS
TABLE OF CONTENTS................................................................................................................................ i LIST OF ACRONYMS AND ABBREVIATIONS ............................................................................................ iii
1.0 INTRODUCTION ................................................................................................ 1-1
1.1 Format of Response to Comments................................................................................... 1-1
2.0 RESPONSE TO COMMENTS ............................................................................... 2-1
2.1 Regional Agencies............................................................................................................. 2-1
2.1.1 OmniTrans ......................................................................................................................... 2-3
3.0 ERRATA ............................................................................................................ 3-1
3.1 Section 2.2.4, Access, Circulation, and Parking ................................................................ 3-1
APPENDIX
A: DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
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LIST OF ACRONYMS AND ABBREVIATIONS
CEQA California Environmental Quality Act
City City of Redlands
IS/MND Initial Study/Mitigated Negative Declaration
NOI Notice of Intent
Project, proposed Project The Neighborhoods at Lugonia Village Project Redlands Regular Meeting of 03-05-2024 835 of 967
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1.0 INTRODUCTION
This section comprises the Comments and Responses of the Final Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed Neighborhoods at Lugonia Village Project (proposed Project) in the City of Redlands, San Bernardino County, California. The purpose of this document is to respond to all comments received by the City of Redlands (City) regarding the environmental information and analyses contained in the IS/MND.
Consistent with State CEQA Guidelines Section 15073 and in accordance with the City’s Local California Environmental Quality Act (CEQA) Procedures, a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was sent to responsible agencies and trustee agencies in addition to various public agencies, citizen groups, and interested individuals concerned with the Project. In addition, the NOI was filed with the San Bernardino County Clerk and the State Clearinghouse on December 6, 2023.
The Draft IS/MND (Appendix A) was circulated for public review for a period of 30 days, from December 6, 2023, to January 4, 2024. Copies of the Draft IS/MND were made available for public review at the City’s office located at 35 Cajon Street, Suite 20, Redlands, CA 92373 or online on the City’s website at https://www.cityofredlands.org/post/environmental-documents. One comment letter was received during the public review period. Comments were received from one regional agency.
The City is the Lead Agency under CEQA and is required to consider agency and public comments on the IS/MND. Although preparation of responses to comments on an IS/MND is not required, responses have been prepared.
The following is a list of the agencies and interested parties that commented on the IS/MND prior to the close of the public comment period. The comments received have been organized in a manner that facilitates a particular comment or set of comments. Each comment letter received is indexed with an alphanumeric code below.
Comment Letter Index
Comment Code Signatory Date
Regional Agencies
R-1 OmniTrans December 12, 2023
1.1 FORMAT OF RESPONSE TO COMMENTS
Responses to the comment letter are provided on the following pages. The comment letter index number is provided at the top of the comment letter, and individual points within the letter are numbered along the right-hand margin of the letter. The City’s responses to the comment letter immediately follow the letter and are referenced by index numbers in the margins.
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2.0 RESPONSE TO COMMENTS
2.1 REGIONAL AGENCIES
Redlands Regular Meeting of 03-05-2024 839 of 967
From: Anna Jaiswal
Sent: Tuesday, December 12, 2023 2:52 PM
To: Ryan Murphy
Subject: Comment on IS/MND for TTM 20571
[NOTICE: This message originated outside of City of Redlands -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hi Ryan,
Thanks for sharing the noƟce for the Neighborhoods at Lugonia Village Project. Omnitrans’ nearest bus stops, on Lugonia at Texas and Lugonia at Tennessee, are further apart than our normal bus stop spacing standards; I think the reason is because there has not been ADA-compliant sidewalk on which to install a bus stop previously on Lugonia at Karon. So with this development, it’s an ideal opportunity to include a bus stop to serve the residents.
So I would request that the project include a curb-connected sidewalk boarding area (a 5’x8’ boarding area is required for ADA, but I would recommend making it 8’-10’-wide sidewalk for a 30’-40’ length in order to accommodate a future bus shelter). I would probably recommend puƫng it on Lugonia westbound aŌer Karon, before the main entrance at New York.
Our transit design guidelines are available here - hƩps://omnitrans.org/busstops/. I am also happy to review plans. Please let me know if you have any quesƟons.
Thanks so much!
Anna Jaiswal
Development Planning Manager
1700 West Fifth Street
San Bernardino, CA 92411
www.omnitrans.org
Work: 909-379-7256
Email: [email protected]
Follow @Omnitrans:
You don't often get email from [email protected]. Learn why this is important Comment Letter R-1
R-1-1
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2.1.1 OmniTrans
Letter Code: R-1
Commenter: Anna Jaiswal, Development Planning Manager
Date: December 12, 2023
Response to Comment R-1-1
This comment states that OmniTrans’ nearest bus stops to the proposed Project, located on Lugonia Avenue at Texas Street and Tennessee Street, are further apart than OmniTrans’ typical bus stop spacing standards. The comment also states that the proposed development offers an ideal opportunity to include a bus stop to serve future residents. Specifically, the comment requests that the proposed Project include a curb-connected sidewalk boarding area (between 8 and 10 feet wide and 30 and 40 feet long in order to accommodate a future bus shelter) on Lugonia Avenue, between Karon Street and the main entrance to the Project at New York Street.
The City has made this request a condition of Project approval, and the Project applicant has demonstrated to the City that the requested bus stop on Lugonia Avenue can be accommodated in the final design plans. As such, Section 2.2.4, Access, Circulation, and Parking, of the Draft IS/MND has been revised to reflect that the proposed bus stop would be included as a condition of approval. These edits are included in Chapter 3, Errata, of this Final IS/MND. These changes are generally minor changes that do not constitute significant new information, a change in the conclusions of the environmental analysis, or require recirculation of the document (State CEQA Guidelines Section 15073.5).
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3.0 ERRATA
This section of the Final IS/MND provides text changes to the Draft IS/MND that have been made to clarify, amplify, or make minor edits to the Draft IS/MND text for the proposed Neighborhoods at Lugonia Village Project (proposed Project). Such changes are a result of further review of, and public comments related to, the Draft IS/MND. The changes described in this section are generally minor changes that do not constitute significant new information, change the conclusions of the environmental analysis, or require recirculation of the document (State CEQA Guidelines Section 15073.5).
Such changes to the Draft IS/MND are indicated in this section under the appropriate Draft IS/MND section. Deletions are shown with strikethrough and additions are shown with underline.
3.1 SECTION 2.2.4, ACCESS, CIRCULATION, AND PARKING
Vehicular access to the Project site would be provided via two driveways from West Lugonia Avenue (a signalized intersection at New York Street/West Lugonia Avenue and a right-in/right-out driveway on the southwest corner of the Project site), one driveway from the proposed Pennsylvania Avenue extension, and one driveway from Karon Street. As discussed above, the proposed Pennsylvania Avenue extension would either end in a cul-de-sac just west of the existing three-legged intersection of Pennsylvania Avenue and Karon Street or would extend from Karon Street west to Tennessee Street, creating a complete connection between Tennessee Street and the existing Pennsylvania Avenue east of Karon Street. In addition, the City will require that the proposed Project include a curb-connected sidewalk bus boarding area on Lugonia Avenue, between Karon Street and the main entrance to the Project at New York Street, as a condition of approval. The sidewalk at the bus stop would be between 8 and 10 feet wide and 30 and 40 feet long in order to accommodate a future bus shelter. The bus stop would be designed to comply with OmniTrans’ transit design guidelines and would be operated and maintained by OmniTrans. The bus stop would serve residents of the proposed development as well as the surrounding area.
On-site parking within the apartment complex and townhome neighborhoods would be provided via a 26- foot-wide internal street system within each neighborhood. The apartment complex neighborhood would include 241 garage parking spaces, 325 carport spaces, 7 parallel parking spaces, 139 open stall parking spaces, and 32 electric vehicle charging spaces for a total of 744 parking spaces for residents. The townhome neighborhood would include 144 garage parking spaces for residents and 21 guest parking spaces for a total of 165 parking spaces. Each of the 18 single-family detached homes would include a 2- car garage, for a total of 36 parking spaces. Overall, the proposed Project would include a total of 945 parking spaces. The internal street system would also serve as a fire access system for first responders.
Figure 6 provides an illustrative view of the proposed landscape design, including the general locations of parkway and street tree plantings, the planned tree species mix, and the locations of proposed sidewalks and bike paths as well as the proposed recreation lawn and play area. As shown in Figure 6, pedestrian access within the Project site would be provided via internal walkways. A 6-foot-wide sidewalk would also be provided along West Lugonia Avenue, Pennsylvania Avenue, and Karon Street abutting the Project site.
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1 I:\cmo\Resolutions\8551 Mitigated Negative Declaration for Lugonia Village.docx-ms RESOLUTION NO. 8551
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING/REPORTING PROGRAM AND APPROVING THE SOCIOECONOMIC COST/BENEFIT STUDY FOR THE LUGONIA VILLAGE
RESIDENTIAL PROJECT LOCATED ON THE NORTH SIDE OF WEST
LUGONIA AVENUE, SOUTH SIDE OF PENNSYLVANIA AVENUE, AND
WEST SIDE OF KARON STREET.
WHEREAS, Redlands Summit, LLC, has filed applications for General Plan Amendment No. 143, Amendment No. 48 to Specific Plan No. 40 (East Valley Corridor Specific Plan), Zone Change No. 469, Tentative Parcel Map No. 20469, Tentative Tract Map No. 20490 and No. 20491, and Commission Review & Approval Nos. 940, 941, and 942 for a residential development located on the north side of West Lugonia Avenue, south side of Pennsylvania Avenue, and west side of Karon Street (APN: 0167-171-04-0000, 0167-171-05-0000, and 0167-171-06-0000) (the “Project”); and
WHEREAS, an Initial Study and Mitigated Negative Declaration was prepared for the Project and circulated for public review for a period of thirty days beginning on December 6, 2023, and ending on January 4, 2024; and
WHEREAS, on January 23, 2024, the Planning Commission held a public hearing and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the applicant and by members of the public; and WHEREAS, on January 23, 2024, the Planning Commission recommended to the City Council that the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program be adopted; and
WHEREAS, on January 23, 2024, the Planning Commission recommended that the City Council adopt the Socio-Economic Cost/Benefit Study prepared for the project; and WHEREAS, the Mitigated Negative Declaration and related materials for the Project that were reviewed by the Planning Commission in making its recommendation for approval have been forwarded to the City Council; and
WHEREAS, on or about February 23, 2024, notice of the City Council’s public hearing for the Project, including the Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study, was published in the Redlands Daily Facts by the City Clerk; and WHEREAS, the City Council held a duly noticed public hearing on March 5, 2024, at which interested persons had the opportunity to provide verbal and written testimony on the Project, proposed Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study.
Redlands Regular Meeting of 03-05-2024 845 of 967
2 I:\cmo\Resolutions\8551 Mitigated Negative Declaration for Lugonia Village.docx-ms
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. CEQA Compliance. As the decision-making body for the Project, the City Council has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration (“MND”), related technical studies and analyses, public comments received, the Responses to Comments, and supporting documentation. The City Council determines that the MND and related documents contain a complete and accurate reporting of the environmental impacts and mitigation measures associated with the Project. The City Council finds that the MND was prepared in compliance with CEQA, and that the City complied with CEQA’s procedural and substantive requirements.
Section 2. Independent Judgment of Lead Agency. The MND for the Project, prepared by the City’s environmental consultant, reflects the City’s independent judgment and analysis. The City has exercised independent judgment and analysis in accordance with Public Resources Code Section 21082.1(c)(3) in managing as appropriate the environmental consultant, and directing the consultant in the preparation of the MND. The City Council has independently reviewed and analyzed the MND and accompanying technical studies/reports, and finds that the MND reflects the independent judgment and analysis of the City.
Section 3. Adoption of Mitigated Negative Declaration. The City Council finds on the basis of the whole record that there is no substantial evidence that the Project will have a significant effect on the environment, including mitigation measures and any project design features, and hereby adopts the MND for the Project.
Section 4. Adoption of Mitigation Monitoring/Reporting Program. Pursuant to Public Resources Code section 21081.6, the City hereby adopts the Mitigation Monitoring/Reporting Program attached to the MND, and all mitigation measures are included as conditions of approval for the Project.
Section 5. Notice of Determination. The City Council adopt the MND for the Project and the accompanying Mitigation Monitoring and Reporting Program and direct staff to file and post a Notice of Determination in accordance with the State CEQA Guidelines.
Section 6. Custodian of Records. The custodian of documents and other material which constitute the record of proceedings upon which its decision is based is the Development Services Director or designee, and all records are located in the City’s Development Services Department.
Section 7. Approval of Socio-Economic Cost/Benefit Study. The City Council of the City of Redlands hereby approves and adopts the Socio-Economic Cost/Benefit Study prepared for the Project based upon the following findings:
Redlands Regular Meeting of 03-05-2024 846 of 967
3 I:\cmo\Resolutions\8551 Mitigated Negative Declaration for Lugonia Village.docx-ms A. The Project will not create unmitigated physical blight within the City or overburden public services including, without limitation, the sufficiency of Police and Fire Protection services.
The Project will not create significant unmitigable physical blight in the City of Redlands (“City”) or overburden public services, including without limitation police and fire protection services, because the mitigation measures for environmental impacts, described in the study, have been added to the project as Conditions of Approval.
The Project developer will make improvements to facilitate implementation of the Project, including the construction of adjacent roadways and roadway improvements the project frontage. The Project would provide connections to existing City infrastructure. Utility lines less than 66kV in size or capacity will be placed underground. The Project developer is required to fund the project’s fair share allocation of any necessary public infrastructure associated with development of the Project.
B. The benefits to the City resulting from development of the Project outweigh any direct cost to the City that may result.
The Socio-Economic Cost/Benefit Study demonstrates that the Project will generate “new net” annual revenues of approximately $578,376 and approximately $372,710 in costs, and therefore will result in a positive balance of $205,666 (or cost/benefit ratio of +1.55). For every dollar the City spends in providing services to the Project, the City will receive $1.55 in “new net” revenue. The Project would provide for the development of 541 new residential units. The project also provides 28 very-lowincome affordable housing units. Schools will be enhanced with the payment of school fees. Further, with the additional revenue provided to the City through increased property tax assessment, and the payment of development impact fees, indirect funding will be provided for cultural enhancements, downtown district enhancements, public safety (Police and Fire) enhancements, and traffic enhancements.
Section 8. Effective Date. This Resolution shall take effect upon adoption.
Redlands Regular Meeting of 03-05-2024 847 of 967
4 I:\cmo\Resolutions\8551 Mitigated Negative Declaration for Lugonia Village.docx-ms ADOPTED, SIGNED AND APPROVED this 5
th day of March, 2024.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 848 of 967
5 I:\cmo\Resolutions\8551 Mitigated Negative Declaration for Lugonia Village.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 5 th day
of March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 849 of 967
1 I:\cmo\Resolutions\8552 General Plan Amendment Lugonia Village.docx-ms RESOLUTION NO. 8552
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADOPTING AMENDMENT NO. 143 TO THE REDLANDS GENERAL PLAN TO AMEND THE LAND USE DESIGNATION OF A PORTION OF THE 24.4-
ACRE PROJECT SITE, LOCATED ON THE NORTH SIDE OF WEST
LUGONIA AVENUE, SOUTH SIDE OF PENNSYLVANIA AVENUE, AND
WEST SIDE OF KARON STREET.
WHEREAS, Redlands Summit, LLC (“Applicant”), has filed an application for General Plan Amendment No. 143 to change the General Plan land use designation from Commercial (approximately 17.9 acres) to High Density Residential, and change the General Plan land use designation from Parks/Golf Courses (approximately 1.0 acre) to High Density Residential, for three parcels located on the north side of West Lugonia Avenue, south side of a proposed extension of Pennsylvania Avenue, and west side of Karon Street (APNs: 0167-171-05-0000, 0167-171-06- 0000, and portion of 0167-171-04-0000); and
WHEREAS, a portion of APN 0167-171-04-0000 with frontage along Karon Street, averaging approximately 115 feet in depth (measured from Karon Street) and totaling approximately 145,590 square-feet (or approximately 3.35 acres) in area, is currently designated as Low Density Residential and the proposed single-family detached development is consistent; and
WHEREAS, the Applicant has filed concurrent applications for Amendment No. 48 to Specific Plan No. 40 (East Valley Corridor Specific Plan), Zone Change No. 469, Tentative Parcel Map No. 20469, Tentative Tract Map No. 20490 and No. 20491, and Commission Review & Approval No. 940, 941 and 942 for a residential development located on the north side of West Lugonia Avenue, south side of Pennsylvania Avenue, and west side of Karon Street (APN: 0167- 171-04-0000, 0167-171-05-0000, and 0167-171-06-0000) (the “Project”); and WHEREAS, the California Legislature has consistently recognized the continuing need for new housing units and affordable housing in California, stating in Government Code Section 65580, that "the availability of housing is of vital statewide importance, and the early attainment of decent housing… is a priority of the highest order" and, further, that, "local… governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community"; and
WHEREAS, the City of Redlands adopted its 6th Cycle Housing Element (the 2021-2029 Housing Element) on October 4, 2022, the City will implement numerous policies and programs as outlined in the 2021-2029 Housing Element, and the City will rezone certain parcels identified in the Housing Sites Inventory List to accommodate future high-density housing including housing affordable to lower-income households; and
Redlands Regular Meeting of 03-05-2024 850 of 967
2 I:\cmo\Resolutions\8552 General Plan Amendment Lugonia Village.docx-ms WHEREAS, the Housing Sites Inventory List contained in the City’s 2021-2029 Housing Element includes two parcels (APNs 0167-171-04-0000 and 0167-171-05-0000) within the proposed project site that are to be rezoned for future housing projects; and WHEREAS, the proposed Project is consistent with the 2021-2029 Housing Element, and approval of the General Plan Amendment is necessary to achieve consistency with the goals of the new 2021-2029 Housing Element as well as the pending rezoning program contained therein; and WHEREAS, on January 23, 2024, the Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the Project, and at which the Planning Commission considered the Project; and WHEREAS, on January 23, 2024, the Planning Commission recommended to the City Council that General Plan Amendment No. 143 be approved; and WHEREAS, on or about February 23, 2024, notice of the City Council’s public hearing for the General Plan Amendment was published in the Redlands Daily Facts by the City Clerk; and WHEREAS, on March, 5, 2024, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public; and
WHEREAS, following the public hearing on the General Plan Amendment, the City Council determined that adoption of the Amendment is in the best interests of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. General Plan Consistency. General Plan Amendment No. 143 is consistent with the City’s 2021-2029 Housing Element that plans for the development of a total of 3,516 new dwelling units (the City’s allocation of the Regional Housing Needs Assessment) including very low- and low-income households. The proposed project will develop a total of 541 dwelling units, including 28 very low-income affordable housing units within the project, on two parcels that are currently identified in the 2021-2029 Housing Element as future housing sites. The proposed project is consistent with numerous General Plan policies and actions, and the project will not otherwise result in any inconsistencies within the 2035 General Plan.
Section 2. Approval. General Plan Amendment No. 143 is hereby approved to amend the General Plan designation of approximately 17.9 acres from Commercial to High Density Residential and amend the General Plan designation of approximately 1 acre from Parks/Golf Courses to High Density Residential located on the north side of West Lugonia Avenue, south side of Pennsylvania Avenue, and west side of Karon Street (APN: 0167-171-04-0000, 0167-171-05-0000, and 0167- 171-06-0000), as more particularly shown on the map attached hereto as Exhibit “A.” Redlands Regular Meeting of 03-05-2024 851 of 967
3 I:\cmo\Resolutions\8552 General Plan Amendment Lugonia Village.docx-ms Section 3. Effective Date. This Resolution shall become effective upon adoption.
ADOPTED, SIGNED AND APPROVED this 5
th day of March, 2024.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 852 of 967
4 I:\cmo\Resolutions\8552 General Plan Amendment Lugonia Village.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 5 th day
of March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 853 of 967
5 I:\cmo\Resolutions\8552 General Plan Amendment Lugonia Village.docx-ms Exhibit A-1
Existing General Plan Land Use Designation
Redlands Regular Meeting of 03-05-2024 854 of 967
6 I:\cmo\Resolutions\8552 General Plan Amendment Lugonia Village.docx-ms Exhibit A-2
Proposed General Plan Land Use Amendment
Redlands Regular Meeting of 03-05-2024 855 of 967
1 I:\cmo\Resolutions\8553 Specific Plan Amendment Lugonia Village.docx-ms RESOLUTION NO. 8553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING SPECIFIC PLAN AMENDMENT NO. 48 TO THE EAST
VALLEY CORRIDOR SPECIFIC PLAN (SPECIFIC PLAN NO. 40), TO
AMEND THE LAND USE MAP TO REMOVE THREE PARCELS TOTALING APPROXIMATELY 24.4 ACRES FROM THE EAST VALLEY CORRIDOR
SPECIFIC PLAN, AND RESCINDING THE LAND USE/ZONING
DESIGNATION AS “SPECIAL DEVELOPMENT (EV/SD)” FOR THREE
PARCELS LOCATED ON THE NORTH SIDE OF WEST LUGONIA AVENUE,
SOUTH SIDE OF PENNSYLVANIA AVENUE, AND WEST SIDE OF KARON STREET (APN: 0167-171-04-0000, 0167-171-05-0000, AND 0167-171-06-0000).
WHEREAS, Redlands Summit, LLC (“Applicant”), has filed an application for Amendment No. 48 to Specific Plan No. 40 (East Valley Corridor Specific Plan) to remove the project site from the East Valley Corridor Specific Plan boundaries as well as rescind the land use district (zoning) designation as Special Development (EV/SD), located on the north side of West Lugonia Avenue, south side of a proposed extension of Pennsylvania Avenue, and west side of Karon Street (APNs: 0167-171-04-0000, 0167-171-05-0000, and 0167-171-06-0000) (the “Project”); and
WHEREAS, the Applicant has filed concurrent applications for General Plan Amendment No. 143, Zone Change No. 469, Tentative Parcel Map No. 20469, Tentative Tract Map No. 20490 and No. 20491, and Commission Review & Approval No. 940, 941 and 942 for a residential development located on the north side of West Lugonia Avenue, south side of Pennsylvania Avenue, and west side of Karon Street (APN: 0167-171-04-0000, 0167-171-05-0000, and 0167- 171-06-0000) (the “Project”); and
WHEREAS, the California Legislature has consistently recognized the continuing need for new housing units and affordable housing in California, stating in Government Code Section 65580, that "the availability of housing is of vital statewide importance, and the early attainment of decent housing… is a priority of the highest order" and, further, that, "local… governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community"; and
WHEREAS, the City of Redlands adopted its 6th Cycle Housing Element (the 2021-2029 Housing Element) on October 4, 2022, the City will implement numerous policies and programs as outlined in the 2021-2029 Housing Element, and the City intends to rezone certain parcels identified in the Housing Sites Inventory List to accommodate future high-density housing including housing affordable to lower-income households; and Redlands Regular Meeting of 03-05-2024 856 of 967
2 I:\cmo\Resolutions\8553 Specific Plan Amendment Lugonia Village.docx-ms WHEREAS, the Housing Sites Inventory List contained in the City’s 2021-2029 Housing Element includes two parcels (APNs 0167-171-04-0000 and 0167-171-05-0000) within the proposed project site that are to be rezoned for future housing projects; and WHEREAS, the proposed Project is consistent with the 2021-2029 Housing Element, and approval of Specific Plan Amendment No. 48 to the East Valley Corridor Specific Plan is necessary to achieve consistency with the goals of the new 2021-2029 Housing Element as well as the pending rezoning program contained therein; and
WHEREAS, at the public hearing on January 23, 2024, the Planning Commission determined that the Specific Plan Amendment would be in conformity with the 2035 General Plan, and adopted Resolution No. 1651 recommending approval for Amendment No. 48 to the East Valley Corridor Specific Plan (Specific Plan No. 40); and WHEREAS, the proposed project is subject to the California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration was prepared and adopted for the proposed project pursuant to CEQA Guidelines Section 15074; and
WHEREAS, on or about February 23, 2024, notice of the City Council’s public hearing for Specific Plan Amendment No. 48 was published in the Redlands Daily Facts by the City Clerk; and
WHEREAS, on March 5, 2024, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public; and
WHEREAS, following the public hearing on March 5, 2024, the City Council determined that approval of the proposal is in the best interests of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. General Plan Conformity. The proposed Specific Plan Amendment No. 48 to remove the Project site from the boundaries of the East Valley Corridor Specific Plan will conform with the Redlands 2035 General Plan (as amended). Specific Plan Amendment No. 48 is consistent with the City’s 2021-2029 Housing Element that plans for the development of a total of 3,516 new dwelling units (the City’s allocation of the Regional Housing Needs Assessment) including very low- and low-income households. The proposed project will develop a total of 541 dwelling units, including 28 very low-income affordable housing units within the project, on two parcels that are currently identified in the 2021-2029 Housing Element as future housing sites. The proposed project is consistent with numerous General Plan policies and actions, and the project will not otherwise result in any inconsistencies within the 2035 General Plan.
Redlands Regular Meeting of 03-05-2024 857 of 967
3 I:\cmo\Resolutions\8553 Specific Plan Amendment Lugonia Village.docx-ms Section 2. Approval of Specific Plan Amendment No. 48 to the East Valley Corridor Specific Plan. Specific Plan Amendment No. 48 to the East Valley Corridor Specific Plan (Specific Plan No. 40) is hereby approved. Specific Plan Amendment No. 48 shall amend the East Valley Corridor Specific Plan’s land use map to remove three parcels (APNs 0167-171-04-0000, 0167- 171-05-0000, and 0167-171-06-0000) from the East Valley Corridor Specific Plan, and rescind the land use/zoning designation as “Special Development (EV/SD)” as more particularly shown in “Exhibit “A” attached hereto.
Section 3. Effective Date. This Resolution shall become effective concurrent with the effective date of Ordinance No. 2960 (Zone Change No. 469) adopted by the City Council.
ADOPTED, SIGNED AND APPROVED this 5
th day of March, 2024.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 858 of 967
4 I:\cmo\Resolutions\8553 Specific Plan Amendment Lugonia Village.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 5 th day of
March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 859 of 967
5 I:\cmo\Resolutions\8553 Specific Plan Amendment Lugonia Village.docx-ms
EXHIBIT A
EAST VALLEY CORRIDOR SPECIFIC PLAN
AMENDMENT NO. 48 AREA
PROJECT
SITE
Redlands Regular Meeting of 03-05-2024 860 of 967
1 I:\cmo\Ordinances\2960 N-4_Zone_Change 469.doc-ms
ORDINANCE NO. 2960
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS AMENDING TITLE 18 (ZONING REGULATIONS) OF THE REDLANDS
MUNICIPAL CODE BY REVISING THE ZONING MAP (ZONE CHANGE NO. 469) TO CHANGE THE ZONING DESIGNATION OF 24.4 GROSS ACRES TO R-3, HIGH DENSITY RESIDENTIAL DISTRICT (FOR 18.89 GROSS ACRES) AND TO R-1, SINGLE FAMILY RESIDENTIAL DISTRICT (FOR 5.51 GROSS
ACRES) LOCATED ON THE NORTH SIDE OF WEST LUGONIA AVENUE,
SOUTH SIDE OF PENNSYLVANIA AVENUE, AND WEST SIDE OF KARON STREET (APN: 0167-171-04-0000, 0167-171-05-0000, AND 0167-171-06-0000).
WHEREAS, Redlands Summit, LLC (“Applicant”), has filed an application for Zone Change No. 469 to change the zoning designations of three parcels to R-3, Multiple Family Residential for a total of approximately 24.4 gross acres(APNs: 0167-171-05-0000, 0167-171-06-0000, and portion of 0167-171-04-0000), and to R-1, Single Family Residential for a total of approximately 5.51 gross acres (portion of APN 0167-171-04-0000), as shown on Exhibit “A” attached hereto; and WHEREAS, the Applicant has filed concurrent applications for General Plan Amendment No. 143, Amendment No. 48 to Specific Plan No. 40 (East Valley Corridor Specific Plan), Tentative Parcel Map No. 20469, Tentative Tract Map No. 20490 and No. 20491, and Commission Review & Approval No. 940, 941 and 942 for a residential development located on the north side of West Lugonia Avenue, south side of Pennsylvania Avenue, and west side of Karon Street (APN: 0167- 171-04-0000, 0167-171-05-0000, and 0167-171-06-0000) (the “Project”); and WHEREAS, the California Legislature has consistently recognized the continuing need for new housing units and affordable housing in California, stating in Government Code Section 65580, that "the availability of housing is of vital statewide importance, and the early attainment of decent housing… is a priority of the highest order" and, further, that, "local… governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community"; and
WHEREAS, the City of Redlands adopted its 6th Cycle Housing Element (the 2021-2029 Housing Element) on October 4, 2022, the City will implement numerous policies and programs as outlined in the 2021-2029 Housing Element, and the City intends to rezone certain parcels identified in the Housing Sites Inventory List to accommodate future high-density housing including housing affordable to lower-income households; and WHEREAS, the Housing Sites Inventory List contained in the City’s 2021-2029 Housing Element includes two parcels (APNs 0167-171-04-0000 and 0167-171-05-0000) within the proposed project site that are to be rezoned for future housing projects; and WHEREAS, the proposed Project is consistent with the 2021-2029 Housing Element, and approval of Zone Change No. 469 is necessary to achieve consistency with the goals of the new 2021-2029 Housing Element as well as the pending rezoning program contained therein; and Redlands Regular Meeting of 03-05-2024 861 of 967
2 I:\cmo\Ordinances\2960 N-4_Zone_Change 469.doc-ms
WHEREAS, on January 23, 2024, the Planning Commission held a public hearing and considered the staff report, oral report, the testimony and the written evidence submitted by staff; and
WHEREAS, on January 23, 2024, the Planning Commission held a public hearing and considered the application materials, the testimony, and the written evidence submitted by the applicant and by members of the public; and
WHEREAS, following the public hearing on January 23, 2024, the Planning Commission determined that the proposed change to the City’s Zone Map for the subject properties would be in conformity with the proposed General Plan land use designation (upon approval of the proposed General Plan Amendment) for the subject properties; and WHEREAS, on January 23, 2024, the Planning Commission recommended to the City Council that the proposed Zone Change be approved; and
WHEREAS, the proposed project is subject to the California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration was prepared and adopted for the proposed project pursuant to CEQA Guidelines Section 15074; and
WHEREAS, on or about February 23, 2024, notice of the City Council’s public hearing for the proposed project was published in the Redlands Daily Facts by the City Clerk; and WHEREAS, on March 5, 2024, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public; and
WHEREAS, following the public hearing on March 5, 2024, the City Council determined that approval of the proposal is in the best interests of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. General Plan Consistency. The City Council of the City of Redlands finds that Zone Change No. 469 will be consistent with the 2035 General Plan (as amended). Zone Change No. 469 is consistent with the City’s 2021-2029 Housing Element that plans for the development of a total of 3,516 new dwelling units (the City’s allocation of the Regional Housing Needs Assessment) including very low- and low-income households. The proposed project will develop a total of 541 dwelling units, including 28 very low-income affordable housing units within the project, on two parcels that are currently identified in the 2021-2029 Housing Element as future housing sites. The proposed project is consistent with numerous General Plan policies and actions, and the project will not otherwise result in any inconsistencies within the 2035 General Plan.
Section 2. Approval. The Zone Change of 24.4 gross acres from Special Development (EV/SD) District of the East Valley Corridor Specific Plan to 18.89 gross acres of High Density Residential (R-3) District and 5.51 gross acres to Single Family Residential (R-1) District located on Redlands Regular Meeting of 03-05-2024 862 of 967
3 I:\cmo\Ordinances\2960 N-4_Zone_Change 469.doc-ms
the north side of West Lugonia Avenue, south side of Pennsylvania Avenue, and west side of Karon Street(APNs 0167-171-04-0000, 0167-171-05-0000, and 0167-171-06-0000), as more particularly shown on the map attached hereto as Exhibit “A,” is hereby approved.
Section 3. Effective Date. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law.
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 863 of 967
4 I:\cmo\Ordinances\2960 N-4_Zone_Change 469.doc-ms
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at a regular meeting thereof held on the 5 th day of March,
2024.
AYES:
NOES:
ABSENT:
ABSTAINED:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 864 of 967
5 I:\cmo\Ordinances\2960 N-4_Zone_Change 469.doc-ms
EXHIBIT A-1
ZONE CHANGE NO. 469 AREA
(EXISTING ZONING DISTRICTS)
PROJECT
SITE
Redlands Regular Meeting of 03-05-2024 865 of 967
6 I:\cmo\Ordinances\2960 N-4_Zone_Change 469.doc-ms
EXHIBIT A-2
ZONE CHANGE NO. 469 AREA
(PROPOSED ZONE CHANGE WITH R.M.C. TITLE 18 ZONING)
PROJECT
SITE
Multiple
Family
Residential
Redlands Regular Meeting of 03-05-2024 866 of 967
1 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms RESOLUTION NO. 8554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING TENTATIVE PARCEL MAP NO. 20469 AND COMMISSION REVIEW & APPROVAL NO. 941 FOR THE SUBDIVISION OF 24.4 ACRES
INTO THREE PARCELS FOR DEVELOPMENT PURPOSES AND THE
CONSTRUCTION OF 451 APARTMENT UNITS, FOR THE PROPOSED
LUGONIA VILLAGE RESIDENTIAL PROJECT, LOCATED ON THE NORTH
SIDE OF WEST LUGONIA AVENUE, SOUTH SIDE OF A PROPOSED
EXTENSION OF PENNSYLVANIA AVENUE, AND WEST SIDE OF KARON STREET.
WHEREAS, Redlands Summit, LLC (“Applicant”), has filed an application for Tentative Parcel Map No. 20469 to subdivide the entire 24.4 acre project site into three parcels (Parcel 1 with 4.75 net acres, Parcel 2 with 3.38 net acres, and Parcel 3 with 14.48 net acres) for development purposes located on the north side of Lugonia Avenue, south side of a proposed extension of Pennsylvania Avenue, and west side of Karon Street (APNs: 0167-171-04-0000, 0167-171-05- 0000, and 0167-171-06-0000); and
WHEREAS, the Applicant has submitted an application for Commission Review & Approval No. 941 for the construction of a 451-unit multi-family apartment complex on Parcel 3 of Tentative Parcel Map No. 20469, fronting on Lugonia Avenue and comprised of studio, onebedroom, and two-bedroom floor dwelling units, including onsite parking and recreation areas; and
WHEREAS, the Applicant filed the applications concurrently with General Plan Amendment No. 143, Amendment No. 48 to Specific Plan No. 40, Zone Change No. 469, and a request for a Density Bonus Agreement; and
WHEREAS, the above-referenced development and legislative applications filed with the City of Redlands are referred to hereinafter as the “Project” and “Project Entitlements”; and WHEREAS, the Applicant has submitted an Inclusionary Housing Plan in accordance with Redlands Municipal Code Chapter 18.230 (Inclusionary Housing) and proposes to fulfill the inclusionary housing requirements by providing twenty-eight (28) very low-income affordable housing units within the project; and
WHEREAS, the Project is subject to the California Environmental Quality Act (CEQA), the City has prepared an Initial Study for the Project in accordance with the State CEQA Guidelines, and adopted a Mitigated Negative Declaration for the project in accordance with CEQA Guidelines Section 15074; and
Redlands Regular Meeting of 03-05-2024 867 of 967
2 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms WHEREAS, on January 23, 2024, the Planning Commission held a public hearing and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the applicant and by members of the public; and WHEREAS, on January 23, 2024, the Planning Commission recommended approval of the Project to the City Council; and
WHEREAS, on or about February 23, 2024, notice of the City Council’s public hearing for the Project was published in the Redlands Daily Facts by the City Clerk; and WHEREAS, on March 5, 2024, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public; and
WHEREAS, following the public hearing on March 5, 2024, the City Council determined that approval of the proposal is in the best interests of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
SECTION 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The proposed Project is subject to the California Environmental Quality Act (CEQA), and the City Council has adopted Resolution No.8851 certifying and adopting the Mitigated Negative Declaration and related Mitigation Monitoring/Reporting Program for the project.
SECTION 2. FINDINGS FOR APPROVAL OF TENTATIVE PARCEL MAP NO. 20469.
The City Council of the City of Redlands hereby approves Tentative Parcel Map No. 20469 for the Project subject to the Conditions of Approval attached hereto as Exhibits “A” and “B-1,” and based upon the following findings:
1. The proposed map is consistent with the General Plan or any applicable specific plan, or other applicable provisions of the Redlands Municipal Code.
The proposed map will be consistent with the Redlands General Plan and the Redlands Municipal Code. The proposed project is designated on the General Plan land use map as Commercial and Low Density Residential, and has existing zoning as Special Development (EV/SD) within the East Valley Corridor Specific Plan. The applicant has filed a General Plan Amendment, Specific Plan Amendment, and Zone Change which would change the General Plan land use designation for the high-density residential portions of the project to High Density Residential, as well as change the zoning designations for the high-density residential portions of the project to Multiple Family Residential (R-3) and the singlefamily portions of the project to Single Family Residential (R-1). Approval of these applications will allow the proposed densities with the accompanying Density Bonus Redlands Regular Meeting of 03-05-2024 868 of 967
3 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms pursuant to State Density Bonus Law. The application is consistent with General Plan policies 4-P.8, 4-P.9, 4-P.16, 4-A.7, and 4-A.8 of the Livable Community chapter. The applicable zoning designations are the Multiple Family Residential (R-3) and Single Family Residential (R-1) zoning districts, and with the Density Bonus the proposed densities will be consistent with the General Plan land use designations, as amended. The proposed project meets the applicable development standards for the subject zoning districts, with the exception of those concessions and waivers identified in the Density Bonus Agreement in accordance with State Density Bonus Law.
2. The site is physically suitable for the proposed type of development.
The project site is physically suitable for the type of development. The existing site has a relatively flat topography within the development area, and is large enough to subdivide the site into three lots and comply with the minimum lot sizes and dimensions required of the applicable zoning districts. The site has three street frontages where vehicular access, utility services, and dispersion of project traffic can all be provided. All on-site and off-site improvements proposed as part of the project’s design will meet applicable City standards and provide a safe and efficient environment for the residents as well as surrounding neighborhoods.
3. The site is physically suitable for the density of the development.
The site is physically suitable for the density of the development. The project site has been identified in the City’s adopted 2021-2029 Housing Element as a site suitable for higher density residential development. The proposed project is designated on the General Plan land use map as Commercial and Low Density Residential and has existing zoning as Special Development (EV/SD) District. The applicant has filed a General Plan Amendment, Specific Plan Amendment, and Zone Change which would change the General Plan land use designation for the high-density residential portions of the project to High Density Residential, change the zoning district for the high-density residential portions of the project to Multiple Family Residential (R-3) and the single-family portions of the project to Single Family Residential (R-1), which would allow the proposed densities with the accompanying Density Bonus pursuant to State Density Bonus Law. The applicable zoning designations are the Multiple Family Residential (R-3) and Single Family Residential (R-1) zoning district. With the proposed Density Bonus, the proposed densities would be consistent with the General Plan land use designations, as amended.
The proposed project meets the applicable development standards for the zoning districts, with the exception of those concessions and waivers identified in the Density Bonus Agreement in accordance with State Density Bonus Law. The size and the shape of the parcel is suitable to be subdivided into three lots for development purposes while ensuring those lots have adequate space for vehicular access, landscape and open space areas, and water quality management facilities.
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4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The design of the subdivision and proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. The developable portions of the site do not contain any biological resources including fish or wildlife, and based on the Initial Study that has been prepared for the project, there are no environmental factors that cannot be mitigated to a level that is less than significant.
5. The design of the subdivision or type of improvements is not likely to cause serious public health problems.
The design of the subdivision or the type of improvements are not likely to cause serious public health problems. The proposed project would accommodate a multifamily residential development, and is not likely to cause any serious public health problems as the project is designed with improvements that meets all City and State building and fire codes, no offensive emissions or odors will be associated with the development, and the ambient noise will not affect residential properties because all noise will be mitigated to a level of less than significant as shown in the Initial Study.
6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.
The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The project will improve pedestrian and vehicular access in the immediate vicinity by allowing for the further subdivision and development of the lost, which will in turn allow for the improvement and construction of public facilities as well as interior drive aisles within each development. In addition, the project is responsible for installing or repairing associated street improvements such as curb and gutter adjacent to the project, consistent with City requirements.
7. That pursuant to Section 66474.4 of the Subdivision Map Act, the land is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
The subject property is not under a Williamson Act Contract pursuant to the California Land Conservation Act of 1965, and will not be detrimental or otherwise affect lands in agricultural use.
Redlands Regular Meeting of 03-05-2024 870 of 967
5 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms SECTION 3. FINDINGS FOR COMMISSION REVIEW AND APPROVAL NO. 941.
The City Council of the City of Redlands hereby approves Commission Review & Approval No. 941 subject to the Conditions of Approval attached hereto as Exhibits “A” and “B-2,” and based upon the following findings:
1. The site for the intended use is adequate in size and shape to accommodate the use, and all of the required yards, setbacks, walls or fences, landscaping and other features will adjust the use to those existing or permitted future uses of land in the neighborhood.
The site is adequate in size and shape to accommodate the proposed use. The subject property is 14.48 acres in size and will be developed with a 451-unit apartment community, with onsite parking, landscape, and recreational amenities. The project will provide the necessary onsite and off-site improvements including new roadway, curbs, gutters, and sidewalks, and interior drive aisles. With the Density Bonus, the project site complies with the applicable development standards for the Multiple Family Residential (R-3) District, such as setbacks, height, parking, common and private open space, and landscaping. The proposed use will be compatible with the surrounding uses as it is buffered from lower density neighborhoods to the east by a proposed new single-family development, complete with required walls separating the zoning districts, and is surrounded on all other sides by high density residential and/or commercial areas which allow for more intense uses of land.
The proposed project will be consistent with the anticipated future residential development on parcels with residential land use designations in the immediate vicinity.
2. The site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
The site is designed to carry the type and quantity of traffic generated by the proposed use.
The site will provide new improved access to the site by improving West Lugonia Avenue, as well as modifying the existing signalized intersection at New York Street and West Lugonia Avenue to safely accommodate vehicular and pedestrian access to the project.
New roadway, curb, gutter, and sidewalk along the project’s frontage is incorporated into the project. As analyzed in the traffic study for the project, these improvements are designed to carry the volume of residential traffic anticipated to be generated by the project and implement the project’s portion of the roadways designated for the area by the General Plan.
3. The conditions set forth in the approval and those shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare.
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6 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms The conditions of approval for the project will protect the public health, safety, and general welfare. The project site will be developed in accordance with standard engineering design requirements as well as standard building code and fire code requirements. The project has been conditioned to comply with the applicable provisions of the Redlands Municipal Code.
SECTION 4. EFFECTIVE DATE. This Resolution shall become effective concurrent with the effective date of Ordinance No. 2960 (Zone Change No. 469) adopted by the City Council.
ADOPTED, SIGNED AND APPROVED this 5
th day of March, 2024.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 872 of 967
7 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 5 th day
of March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 873 of 967
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EXHIBIT A
DEVELOPMENT SERVICES DEPARTMENT
CONDITIONS OF APPROVAL
(Tentative Parcel Map No. 20469 and Commission Review & Approval No. 941) Planning Division
1. This permit/approval is for Tentative Parcel Map No. 20469 and Commission Review & Approval No. 941, for the “Lugonia Village Residential Project” generally described as the following:
a. A total of four hundred and fifty-one (451) unit multifamily apartment development, consisting of eleven (11) three-story residential buildings, and two recreation/amenity buildings;
b. Common recreational open space (privately-owned with private access) both indoors and outdoors for use by the project’s residents and residential guests; c. Related improvements including frontage and street improvements in accordance with the civil engineering plans.
2. This permit/approval shall expire two (2) years from the date of project approval (will expire on January 23, 2026), unless construction has commenced pursuant to a building or engineering permit(s), or a time extension is granted in accordance with the Redlands Municipal Code (RMC Section 18.12.090 for Commission Review & Approval; and RMC Sections 17.07.110 and 17.07.120 for Subdivision Regulations).
3. 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.
4. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant’s project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys’ fees.
In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant’s project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the “Security”) in a form satisfactory to the City and in the amount of Three Hundred Thousand Dollars ($300,000), to ensure applicant’s performance of its defense Redlands Regular Meeting of 03-05-2024 874 of 967
9 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City’s right to revoke this permit.
5. By signing and/or using this permit, the permittee acknowledges all of the conditions imposed and accepts this permit subject to those conditions and with full awareness of the applicable provisions of the Redlands Municipal Code including Title 15 (Buildings and Construction), Title 16 (General Plan), Title 17 (Subdivision Regulations), and Title 18 (Zoning Regulations). Failure of the permittee to sign these conditions does not affect their enforceability by the City or other responsible entity. These conditions are binding upon all future property owners and occupants of the subject property.
6. This permit/approval is granted for the project plans dated July 5, 2023 (“the plans”) on file with the Development Services Department.
7. Prior to the issuance of building permits for the project, an Affordable Housing Agreement and Density Bonus Agreement, in a form approved by the City, shall be recorded against the Inclusionary Units or the Residential Development in its entirety, as deemed appropriate by the City Manager in consultation with the City Attorney. The Affordable Housing and Density Bonus Agreement(s) shall ensure that the applicant and/or developer develops the required Inclusionary Housing Units and satisfies all other terms of the Inclusionary Housing Plan, State Density Bonus Law, and the Redlands Municipal Code.
8. No final inspection or Certificate of Occupancy shall be granted until all conditions of approval have been satisfied.
9. The issuance of any permits shall comply with all applicable provisions of the Redlands Municipal Code.
10. All plans submitted to the City shall reflect all Planning Commission and/or City Council approvals and any other changes required by the Commission, Council 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.
Added by Planning Commission 1/23/2024:
a. The applicant shall construct a Public Art installation, in coordination with the Public Arts Commission, with a value of at least $20,000 at the signalized main entry at New York Street and West Lugonia Avenue. This shall be shown on the building plans for the apartments prior to building permit issuance and constructed prior to certificate of occupancy for the final building. b. Plans submitted to the Municipal Utilities & Engineering Department and/or the Land Use Engineering Division shall include signal modifications for Opticom Redlands Regular Meeting of 03-05-2024 875 of 967
10 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms systems to be installed at the New York Street/Lugonia Avenue intersection, and the Home Depot/Lugonia Avenue intersection.
11. The Development Services Director is authorized to approve minor modifications to the approval project plans or any of the conditions of approval if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions.
12. No Certificate of Occupancy shall be granted for a building or phase, or building permit shall receive final approval and signature, until all applicable Conditions of Approval have been satisfied for that building or phase.
13. The final maps shall substantially conform to the tentative maps as approved by the Planning Commission.
14. A copy of the approved Conditions of Approval shall be included on the cover page of the construction plans submitted to the Building Division.
15. The applicant shall comply with all applicable federal, state, and local laws. Violations or convictions of any of those laws in connection with the use may be cause for revocation of this permit.
16. 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 Municipal Utilities & Engineering Director and the Development Services Director, that detail undergrounding of all utilities for the project.
17. Transformer cabinets and gas meters shall not be located within required setbacks and/or adjacent to public streets, and shall be screened from public view either by architectural treatment or with landscaping. Multiple electrical meters and panels shall be fully enclosed and incorporated into the overall architectural design of the building(s). Backflow preventers shall be enclosed with landscaping that will provide complete screening upon maturity. The location and method of enclosure or screening of this equipment shall be shown on the construction plans and landscape plans prior to building permit issuance.
Location of said equipment shall be coordinated with appropriate utility company (i.e., Southern California Gas Company or Southern California Edison Company). The applicant shall submit plans showing details of screening subject to review and approval by the Development Services Director, prior to issuance of building permits
18. Plans submitted for plan check shall include an exterior lighting plan, including fixture and pole designs, for review and approval by the Development Services Director or designee.
Prior to building permit issuance, a lighting and photometric plan shall be submitted demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off-site or adjacent lighting.
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19. Prior to issuance of building permits, Developer shall demonstrate that light poles will not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet. Fixtures on exterior light poles shall direct lighting downward (e.g., contain a flat lens and/or have shielding that directs light downward and contains glare).
20. Prior to the issuance of building permits, the applicant shall submit plans detailing that roof screening is of adequate height to screen any roof-top equipment from public view on all sides, subject to review and approval by the Development Services Director. Screening of air conditioning units and other equipment on the buildings shall be incorporated into or compatible with the architectural design of the buildings. All equipment shall be screened from public view of adjacent roadways and freeways. Plumbing vents, ducts and other appurtenances protruding from the roof of structures shall be placed so that they will not be visible from the front of the property or other major public vantage points. Developer shall include a note on the construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color.
21. Any gutters, downspouts, pipes, and other drainage appurtenances shall be designed and shall be placed (e.g., internal to the building or inside the exterior walls) so that they will not be visible from the front of the property (i.e., from public right-of-way) or other major public vantage points.
22. Utility meters shall be fully screened and incorporated into the overall architectural design of the building (e.g., interior room, cabinet with wing wall, or equivalent complete screening). Any enclosures or screening shall be architecturally treated to match the exterior of the attached structure.
23. If any bollards or similar devices are used along street frontages or interior drive aisles, then the bollards or the equivalent shall be decorative in nature and subject to review and approval by the Development Services Director or designee in Plan Check prior to permit issuance. If any steel bollards or pour-in-place bollards are installed, they shall only be installed for protecting utility devices (e.g., transformers above-ground) and shall be painted a dark color (e.g., dark green, brown, or black) to blend with surrounding landscape screening.
24. Telecommunications and television equipment or satellite dishes shall not be located on the exterior of any building (including but not limited to balconies, patios, exterior railings, rooflines, etc.). Dwelling units shall be internally wired for all available utility and telecommunications services, with service devices, panels, or meters located within a centralized equipment room. The equipment room(s) in each building shall be fully enclosed and incorporated into the overall architectural design of the building(s). Any Redlands Regular Meeting of 03-05-2024 877 of 967
12 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms satellite dishes/receivers shall only be located on the roof and shall be completely screened from public view on all sides.
25. Where any public sidewalks are adjacent to slopes or parkways with slopes (e.g., downslopes), a 6” concrete curb may be required to be constructed with the sidewalk. Hand railings or guard rails should be avoided, if feasible. Prior to permit issuance, Developer shall identify any areas with slopes and parkways on the civil plans and identify construction of a 6” concrete curb as needed.
26. Prior to issuance of any building or engineering permit for any building or phase of the project, the Developer shall prepare and submit a Construction Parking Management Plan for all contractors, workers, and deliveries related to the project site. The Construction Parking Management Plan shall identify areas of the project site, surrounding private properties (with property owner’s authorization), and surrounding public streets that construction personnel may utilize. Deliveries of construction materials, equipment, trailers, vehicles, etc., shall be performed on the project site to the extent practicable, and avoid the use of public streets and rights-of-way if possible. The Developer and/or on-site primary general contractor (superintendent) shall have responsibility for monitoring and enforcing the approved parking management plan. The plan shall be subject to review and approval by the City Planner or designee, and may be modified by the City after approval to mitigate any unanticipated impacts or public nuisance conditions.
27. Prior to any use of any public street or right-of-way for construction-related activities, the Developer shall submit and receive approval for a Traffic Control Plan. Developer shall be responsible for repairing, replacing, or financially compensating any damages to public rights-of-way (including but not limited to paving, sidewalks, driveways, curbs and gutters, storm drain facilities, parkway landscape, street trees, public utilities, etc.) to the satisfaction of the Director(s) of the Municipal Utilities & Engineering Department and/or the Facilities & Community Services Department, or their designee(s), as applicable.
28. Prior to issuance of a Certificate of Occupancy for a building or phase, Developer shall remove all construction materials and vehicles from the subject property or phase.
29. Developer shall arrange for materials collection during construction, demolition, and occupancy with the City's Solid Waste Division, or Developer shall arrange for self-hauling to an authorized facility.
30. Prior to placing or constructing any signs on the project property, Developer shall obtain a sign permit from the City. Sign locations and illumination are subject to review and approval by the Planning Division under separate permit.
31. Entryways to the community shall incorporate decorative paving. Decorative paving elements shall not be located within public rights-of-way.
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32. Access gates to parking areas shall be subject to review and approval by the Planning Division during plan check.
33. Bus Pad and Boarding Area: Prior to issuance of any building or engineering (site improvement) permits, the Developer shall coordinate, with Omnitrans, the design and construction of a sidewalk boarding area and bus pad east of the New York Street traffic signal and Karon Street, and show all bus-related improvements on the plans submitted to the Building Division, in accordance with RMC Section 18.224.020(F).
34. Bicycle Facilities: Bicycle Parking Facilities shall be provided in accordance with the approved plans. The Developer shall install bicycle racks or secured lockers at a rate of one per thirty (30) parking spaces with a minimum of a three (3) space bicycle rack in accordance with RMC Section 18.224.020(A). Plans submitted to Plan Check shall include information and specifications to verify this requirement has been met.
35. Telecommuting Facilities: A telecommuting facility shall be provided within the apartment community in accordance with RMC Section 18.224.020(G). Plans submitted to Plan Check shall include information and specifications to verify this requirement has been met
36. The total number of parking spaces for the apartments shall be provided in accordance with the approved plans.
37. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project’s approved site design, or building elevations without first consulting with the Development Services Director or designee.
38. Any graded slopes greater in height than three feet (3’) shall be provided with irrigation systems and planted with groundcover, shrubs, and trees as approved by the Development Services Department and Municipal Utilities & Engineering Department, to prevent erosion.
39. Prior to the issuance of a building permit for walls over three feet in height, or open fences over four feet in height within the front yard setback, the developer shall obtain a Minor Exception Permit.
40. Prior to the issuance of a building permit for walls or fences over six feet in height, the developer shall obtain a Minor Exception Permit.
41. Landscape and Irrigation Plans shall be approved prior to the issuance of building permits.
Landscape and Irrigation shall be submitted for plan check to the Development Services Department, Building & Safety Division, for distribution to other departments and for review and approval by the Development Services Director. Plans shall be in compliance with the Water Efficient Landscape Ordinance No. 2724 (Also known as Chapter 15.54 of the RMC).
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42. All construction activities shall be limited to the hours between 7:00 a.m. to 6:00 p.m., and no construction activities permitted on Sundays and Federal Holidays.
43. The project site shall be kept in a weed and dust free condition throughout all periods of development.
44. All walls facing public areas or existing development must be decorative in nature, using decorative (split-face or slump stone) block and or a textured finish (i.e. stucco).
Subdivision Conditions (Tentative Parcel Map No. 20469):
45. Tentative Parcel Map No. 20469 authorizes the subdivision of a total of approximately 24.4 acres as follows: three separate parcels, 4.75 net acres (Parcel 1), 3.38 net acres (Parcel 2), and 14.48 net acres (Parcel 2) in size, for development purposes located on the north side of Lugonia Avenue, south side of Pennsylvania Avenue, and west side of Karon Street (APN: 0167-171-04-0000, 0167-171-05-0000, and 0167-171-06-0000).
46. This Tentative Parcel Map shall expire two (2) years or 24 months from the date of project approval, unless the Final Map has been recorded. or a time extension is granted in accordance with the Redlands Municipal Code pursuant to RMC Sections 17.07.110 and
17.07.120 (Subdivision Regulations).
47. Any application(s) for an extension of time of the above expiration date shall be filed with the Planning Division not less than 90 days prior to the expiration date and shall comply with Title 17 (Subdivision Regulations) of the Redlands Municipal Code. Upon application by the subdivider prior to the expiration of the approved or conditionally approved tentative map, the tentative map shall be automatically extended in accordance with the Subdivision Map Act.
48. The applicant shall record the subdivision by a Final Parcel Map. The Final Parcel Map(s) shall comply with the Subdivision Map Act and the Redlands Municipal Code (RMC).
49. Any conditions of approval determined by the City to not be completed prior to Final Map approval shall be included within the Subdivision Improvement Agreement entered into by the developer with the City.
The Final Parcel Map(s) shall be in substantial conformance with the Tentative Parcel Map and plans submitted by the applicant and placed on file in the office of the Planning Division.
CEQA Mitigation Measures:
50. Mitigation Measure BIO-1
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15 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms A pre-construction burrowing owl clearance survey shall be conducted no less than 14 days prior to any vegetation removal or ground-disturbing activities to avoid impacts to burrowing owls and/or occupied burrows. The pre-construction clearance survey shall be conducted by a qualified biologist and in accordance with the methods outlined in the Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). A second clearance survey shall be conducted within 24 hours prior to ground disturbance.
Documentation of surveys and findings shall be submitted to the City of Redlands for review and file. If no burrowing owls or occupied burrows are detected, Project activities may begin, and no additional avoidance and minimization measures shall be required.
If an occupied burrow is found outside, but within 500 feet, of the development footprint, the qualified biologist shall establish a “no-disturbance” buffer around the burrow location(s). The size of the “no-disturbance” buffer shall be determined in consultation with the California Department of Fish and Wildlife (CDFW) and be based on the species status (i.e., breeding, non-breeding) and proposed level of disturbance. If an occupied burrow is found within the development footprint and cannot be avoided, a burrowing owl exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating Project activities.
51. Mitigation Measure BIO-2
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.3, 3511, and 3513 of the California Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs). In order to protect migratory bird species, a nesting bird clearance survey shall be conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during the nesting season. Consequently, if avian nesting behaviors are disrupted, such as nest abandonment and/or loss of reproductive effort, it is considered “take” and is potentially punishable by fines and/or imprisonment.
If Project-related activities are to be initiated during the nesting season (January 1 to August 31), a pre-construction nesting bird clearance survey shall be conducted by a qualified biologist no more than three (3) days prior to the start of any vegetation removal or ground disturbing activities. The qualified biologist shall survey all suitable nesting habitat within the Project impact area, and areas within a biologically defensible buffer zone surrounding the Project impact area. If no active bird nests are detected during the clearance survey, Project activities may begin, and no additional avoidance and minimization measures shall be required. If an active bird nest is found, the species shall be identified, and a “nodisturbance” buffer shall be established around the active nest. The size of the “nodisturbance” buffer shall be increased or decreased based on the judgement of the qualified biologist and level of activity and sensitivity of the species. The qualified biologist shall periodically monitor any active bird nests to determine if Project-related activities occurring outside the “no-disturbance” buffer disturb the birds and if the buffer should be increased. Once the young have fledged and left the nest, or the nest otherwise becomes Redlands Regular Meeting of 03-05-2024 881 of 967
16 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms inactive under natural conditions, Project activities within the “no-disturbance” buffer may occur following an additional survey by the qualified biologist to search for any new bird nests in the restricted area.
52. Mitigation Measure CUL-1
Prior to the issuance of a grading permit, the Applicant shall provide the Director of the City of Redlands Department of Development Services, or designee, with evidence that it has retained the services of a qualified archaeologist that meets the Secretary of the Interior standards on an on-call basis. Archaeological monitoring shall occur during all excavation activities down to a depth of 3 feet within 100 feet of the former residence location. In the event that cultural resources are discovered during Project activities, all work in the immediate vicinity of the find (within a 100-foot buffer) shall cease and the project archaeologist shall assess the find and determine appropriate treatment. Work on the other portions of the Project outside of the buffered area may continue during this assessment period.
53. Mitigation Measure CUL-2
If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the qualified archaeologist shall develop a Monitoring and Treatment Plan for the remainder of the Project site. The Monitoring and Treatment Plan shall be developed in coordination with the Applicant and the City. The Applicant shall secure a monitoring agreement with the archaeologist prior to the recommencement of work, and the archaeologist shall monitor during the remainder of the ground disturbance activities on the Project site and implement the Plan accordingly.
54. Mitigation Measure GEO-1
Prior to commencement of any grading activity on the Project site, the Applicant shall retain a qualified paleontologist, subject to the review and approval of the Director of the City of Redlands Department of Development Services, Planning Division, or designee.
The qualified paleontologist shall be present at the pre-grade conference and shall establish procedures for paleontological resource surveillance and procedures for temporarily halting and redirecting work to permit sampling and identification and evaluation of fossils.
If the resources are deemed to be significant, the paleontologist shall determine appropriate actions, in cooperation with the Applicant, which ensure proper exploration and/or salvage.
Full-time monitoring and salvage efforts will be necessary whenever previously undisturbed sediments are being disturbed (8 hours per day during grading or trenching activities). Once the earth moving is 50 percent completed, monitoring may be reduced if no fossils are being recovered. The paleontologist shall be empowered to temporarily divert or direct grading operations to facilitate assessment and salvaging of exposed fossils.
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17 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms Collection and processing of matrix samples through fine screens will be necessary to salvage any micro-vertebrate remains.
In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor shall temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery shall be roped off with a 50- foot radius buffer. Once documentation and collection of the find is completed, the monitor shall remove the rope and allow grading to recommence in the area of the find. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the proposed Project. The PRIMP shall be consistent with the guidelines of the Society of Vertebrate Paleontology (SVP).
55. Mitigation Measure TRA-1:
Prior to submission of building permits, the Applicant shall coordinate with the City’s Engineering Division to determine the anticipated cost of evaluating and optimizing signal timing parameters at the intersection of Tennessee Street and West Lugonia Avenue. The Applicant shall submit payment to the Engineering Division covering the determined cost in full, consistent with County guidelines. The Building and Safety Division shall confirm the completion of payment prior to issuing building permits. Upon conclusion of Project construction, the Building and Safety Division shall not issue a Certificate of Occupancy to the Applicant until receiving confirmation from the City that signal optimization has been completed.
56. Mitigation Measure TCR-1:
Native American Treatment Agreement. Prior to the issuance of grading permits, the Applicant shall enter into a Tribal Monitoring Agreement with the Consulting Tribe(s) for the Project. The Tribal Monitor shall be on-site during all ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Monitor shall have the authority to temporarily divert, redirect, or halt the ground-disturbing activities to allow identification.
57. Mitigation Measure TCR-2:
Retention of Archaeologist. Prior to any ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post replacement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind), and prior to the issuance of grading permits, the Applicant shall retain a qualified archaeologist who meets the U.S. Secretary of the Interior Standards (SOI). The archaeologist shall be present during all ground-disturbing Redlands Regular Meeting of 03-05-2024 883 of 967
18 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms activities to identify any known or suspected archaeological and/or cultural resources. The archaeologist shall conduct a Cultural Resource Sensitivity Training, in conjunction with the Tribe[s] Tribal Historic Preservation Officer (THPO), and/or designated Tribal Representative. The training session shall focus on the archaeological and tribal cultural resources that may be encountered during ground-disturbing activities as well as the procedures to be followed in such an event.
58. Mitigation Measure TCR-3:
Cultural Resource Management Plan. Prior to any ground-disturbing activities the Project archaeologist shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing, and responsibilities of all archaeological and cultural resource activities that occur on the Project site. This Plan shall be written in consultation with the Consulting Tribe(s) and shall include the following: approved Mitigation Measures (MM)/Conditions of Approval (COA), contact information for all pertinent parties, parties’ responsibilities, procedures for each MM or COA, and an overview of the Project schedule.
59. Mitigation Measure TCR-4:
Pre-Grade Meeting. The retained qualified archeologist and Consulting Tribe(s) representative shall attend the pre-grade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan.
60. Mitigation Measure TCR-5:
On-site Monitoring. During all ground-disturbing activities the qualified archaeologist and the Native American monitor shall be on-site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources as defined in California Public Resources Code Section 21074.
Archaeological and Native American monitoring will be discontinued when the depth of grading and the soil conditions no longer retain the potential to contain cultural deposits.
The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring.
61. Mitigation Measure TCR-6:
Inadvertent Discovery of Cultural Resources. In the event that previously unidentified cultural resources are unearthed during construction, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert and/or temporarily halt ground-disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed.
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19 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms If a potentially significant cultural resource(s) is discovered, work shall stop within a 60- foot perimeter of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist and Tribal Monitor[s].
The archaeologist shall notify the Lead Agency and Consulting Tribe(s) of said discovery.
The qualified archaeologist, in consultation with the Lead Agency, the Consulting Tribe(s), and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the treatment and disposition of the Tribal Cultural Resource shall be made by the qualified archaeologist in consultation with the Tribe[s] and the Native American monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatments and dispositions of significant cultural resources in order of CEQA preference:
A. Full avoidance.
B. If avoidance is not feasible, Preservation in place.
C. If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction.
D. If all other options are proven to be infeasible, data recovery through excavation and then curation in a Curation Facility that meets the Federal Curation Standards (CFR 79.1)
62. Mitigation Measure TCR-7:
Inadvertent Discovery of Human Remains. The Consulting Tribe(s) requests the following specific conditions to be imposed in order to protect Native American human remains and/or cremations. No photographs are to be taken except by the coroner, with written approval by the Consulting Tribe(s).
A. Should human remains and/or cremations be encountered on the surface or during any and all ground-disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within a 100-foot perimeter of the discovery. The area shall be protected; project personnel/observers will be restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to make his/her determination pursuant to State and Safety Code §7050.5. and Public Resources Code (PRC) § 5097.98.
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20 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms B. In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of HSC §7050.5.
C. The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC §5097.98
D.If the Morongo Band of Mission Indians has been named the Most Likely Descendant (MLD), the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance where they will reside in perpetuity. The place(s) of reburial shall not be disclosed by any party and is exempt from the California Public Records Act (California Government Code § 6254[r]). Reburial location of human remains and/or cremations shall be determined by the Tribe’s Most Likely Descendant (MLD), the landowner, and the City Planning Department.
63. Mitigation Measure TCR-8:
Final Report. The final report[s] created as a part of the Project (AMTP, isolate records, site records, survey reports, testing reports, etc.) shall be submitted to the City and Consulting Tribe(s) for review and comment. After approval of all parties, the final reports shall be submitted to the Eastern Information Center, and the Consulting Tribe(s).
Building Division
64. Building plans submitted for plan check shall consist of complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards which are effective at the time of Plan Check Submittal.
65. Disabled access for the site and buildings must be in accordance with the State of California and ADA regulations.
66. San Bernardino County Environmental Health Services approval is required for the swimming pool prior to issuance of the swimming pool building permits.
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21 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms Facilities and Community Services Department
67. The City maintains a list of acceptable street trees by species, by street name, and by tree district, pursuant to RMC 12.52.050. Street trees for public streets adjacent to the project must be selected from this approved list.
68. Prior to issuance of any buildings permits for any building, the Developer shall prepare and submit a Trash Management Plan. The plan shall provide estimates of trash generation, estimates for the numbers and sizes of containers and facilities, schedule for City services, pertinent instructions for on-site maintenance staff (e.g., bins and containers shall not be placed on public streets and left unattended outdoors for more than two hours before or after trash service pick-up, bins and containers shall not be placed or staged in a manner that obstructs any vehicle travel lanes, etc.), and other necessary information as required by the City. The plan shall be subject to review and approval by the Facilities & Community Services Department and the Development Services Department, and may be modified by the City after approval to mitigate any unanticipated impacts or public nuisance conditions.
a. Each building and building pad shall be designed to accommodate all necessary refuse storage rooms, bins and containers, hallways, access paths, and other structural elements to be completely screened or enclosed. Refuse and recycling storage rooms and all bins or containers shall be completely screened from view from any streets (when not placed outdoors for scheduled pick-up and hauling).
Fire Department
69. Fuels Management and Weed Abatement:
a. From the present time until project construction phase, property owner is responsible to maintain compliance with Redlands Municipal Code Chapter 8.40 regarding Weed Abatement and Fuels Management.
b. Weeds and annual grasses shall be maintained at a 4 inches of growth or less. c. Tumbleweeds and similar uncultivated vegetation shall be removed.
70. Gates shall be designed for emergency access, and incorporate Knox Rapid Access System, subject to approval by the Redlands Fire Department.
71. Fire Protection Plan: Prior to the issuance of building permits, a separate Fire Master Plan is required for submittal to the RFD. It shall be a site plan reflecting all the following fire department related items:
a. Fire hydrant locations, public and private, as well as the associated fire flow compliance.
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22 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms b. FDC locations.
c. Dimensions from FDC’s to hydrants.
d. DCDA locations.
e. Fire sprinkler riser locations and location of system serving. f. FACP locations.
g. Knox box and Knox switch locations.
h. Gate locations.
i. Fire lane locations, dimensions, lengths, turning radii at corners and circles/culde-sacs. j. Fire lane signage and striping.
k. Property dimensions or accurate scale.
l. Building locations and heights.
m. Building addresses and suite addresses.
n. Ground ladder access to emergency escape openings.
Other City Departments/Divisions:
72. Conditions of Approval from the following City Departments/Divisions are applicable to the project, and are hereby incorporated by reference:
a. Land Use Engineering Division (Exhibits “B-1” and “B-2”) _____________________
Brian Desatnik
Development Services Director
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23 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms EXHIBIT B-1
LAND USE ENGINEERING DIVISION
CONDITIONS OF APPROVAL
(Tentative Parcel Map No. 20469)
[ Attached ]
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24 I:\cmo\Resolutions\8554 TPM 20469 and CRA 941 Lugonia Village.docx-ms EXHIBIT B-2
LAND USE ENGINEERING DIVISION
CONDITIONS OF APPROVAL
(Commission Review & Approval No. 941)
[ Attached ]
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1 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms RESOLUTION NO. 8555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING TENTATIVE TRACT MAP NO. 20490 AND COMMISSION
REVIEW && APPROVAL NO. 940 FOR THE SUBDIVISION OF 3.47 ACRES INTO 20 LOTS, WITH 18 NUMBERED LOTS FOR SINGLE-FAMILY
RESIDENTIAL DEVELOPMENT AND TWO LETTERED LOTS, AND THE
CONSTRUCTION OF 18 SINGLE FAMILY HOMES, LOCATED FRONTING ALONG KARON STREET AND NORTH OF LUGONIA AVENUE.
WHEREAS, Redlands Summit, LLC (“Applicant”), has submitted development applications for Tentative Tract Map No. 20490 and Commission Review & Approval No. 940 to subdivide Parcel 2 of Tentative Parcel Map No. 20469 into a total of twenty (20) lots, with eighteen (18) numbered lots for single-family residential development plus two lettered lots for improvements, and the construction of 18 detached single-family homes, on a linear project site fronting along Karon Street; and
WHEREAS, the Applicant filed the applications concurrently with Amendment No. 48 to Specific Plan No. 40, Zone Change No. 469, and request for a Density Bonus Agreement; and WHEREAS, the above-referenced development and legislative applications filed with the City of Redlands are referred to hereinafter as the “Project” and “Project Entitlements”; and WHEREAS, the Applicant has submitted an Inclusionary Housing Plan in accordance with Redlands Municipal Code Chapter 18.230 (Inclusionary Housing) and proposes to fulfill the inclusionary housing requirements by providing twenty-eight (28) very low-income affordable housing units within the project; and
WHEREAS, the Project is subject to the California Environmental Quality Act (CEQA), the City has prepared an Initial Study for the Project in accordance with the State CEQA Guidelines, and adopted a Mitigated Negative Declaration for the project in accordance with CEQA Guidelines Section 15074; and
WHEREAS, on January 23, 2024, the Planning Commission held a public hearing and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the applicant and by members of the public; and WHEREAS, on January 23, 2024, the Planning Commission recommended to the City Council that the Project be approved; and
WHEREAS, on or about February 23, 2024, notice of the City Council’s public hearing for the Project was published in the Redlands Daily Facts by the City Clerk; and Redlands Regular Meeting of 03-05-2024 891 of 967
2 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms WHEREAS, on March 5, 2024, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public; and
WHEREAS, following the public hearing on March 5, 2024, the City Council determined that approval of the proposal is in the best interests of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. California Environmental Quality Act. The proposed Project is subject to the California Environmental Quality Act (CEQA), and the City Council has adopted Resolution No. 8851 certifying and adopting the Mitigated Negative Declaration and related Mitigation Monitoring/Reporting Program for the project.
Section 2. Findings for Approval of Tentative Tract Map No. 20490. The City Council of the City of Redlands hereby approves Tentative Tract Map No. 20490 for the Project subject to the Conditions of Approval attached hereto as Exhibits “A” and “B,” and based upon the following findings:
1. The proposed map is consistent with the General Plan or any applicable specific plan, or other applicable provisions of the Redlands Municipal Code.
The proposed map will be consistent with the Redlands General Plan and the Redlands Municipal Code. The proposed project site for the detached single-family residential development is currently designated on the General Plan land use map as Low Density Residential. The existing zoning designation is Special Development (EV/SD) District within the East Valley Corridor Specific Plan, and the applicant has filed applications for a Specific Plan Amendment and Zone Change to change the zoning district to Single Family Residential (R-1), which would allow the proposed density of development with the accompanying Density Bonus pursuant to California State Law. The application is consistent with General Plan policies 4-P.8, 4-P.9, 4-P16, 4-A.7, and 4-A.8 of the Livable Community chapter. The applicable zoning designation will be Single Family Residential (R-1) and the proposed density and housing type would be consistent with the General Plan land use designation as well as the zoning designation. The project meets the applicable development standards for the R-1 zoning district.
2. The site is physically suitable for the proposed type of development.
The project site is physically suitable for the type of development. The existing site has a relatively flat topography within the development area and is large enough to subdivide the site into 18 single-family residential lots and two lettered lots, and comply with the Redlands Regular Meeting of 03-05-2024 892 of 967
3 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms minimum lotsizes and dimensions required of the R-1 zoning district. The site has adequate street frontage along Karon Street for driveway access and utility service connections. All on-site and off-site improvements proposed as part of the project’s design will meet applicable City standards and provide a safe and efficient environment for the residents as well as surrounding development.
3. The site is physically suitable for the density of the development.
The site is physically suitable for the density of the development. The proposed project site for the detached single-family development is designated on the General Plan land use map as Low Density Residential. The zoning designation is proposed to change to R-1, Single Family Residential for consistency with the General Plan, and which would allow the proposed density of development. The applicable zoning designation should be R-1, Single Family Residential and the proposed density of single-family development would be consistent with the General Plan land use designation. The project meets the applicable development standards for the zoning district. The size and the shape of the parcel is suitable to be subdivided into 18 residential lots (for sale) and two lettered lots consisting of a pocket park and water quality management facilities.
4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The design of the subdivision and proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. The developable portions of the site do not contain any biological resources including fish or wildlife, and based on the Initial Study that has been prepared for the project, there are no environmental factors that cannot be mitigated to a level of less than significant.
5. The design of the subdivision or the type of improvements are not likely to cause serious public health problems.
The design of the subdivision or the type of improvements are not likely to cause serious public health problems. The proposed project would accommodate a single-family residential subdivision, and is not likely to cause any serious public health problems as the project is designed with improvements that meets all City and State building and fire codes, no offensive emissions or odors will be associated with the development, and the ambient noise will not affect residential properties because all noise will be mitigated to a level of less than significant as shown in the Initial Study.
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6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.
The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Each proposed residential lot will have access to Karon Street. The project will provide pedestrian and vehicular access in the immediate vicinity through the construction of public improvements. In addition, the project is responsible for installing or repairing associated street improvements such as curb and gutter adjacent to the project, consistent with City requirements.
7. That pursuant to Section 66474.4 of the Subdivision Map Act, the land is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
The subject property is not under a Williamson Act Contract pursuant to the California Land Conservation Act of 1965, and will not be detrimental or otherwise affect lands in agricultural use.
Section 3. Findings for Commission Review and Approval No. 940. The City Council of the City of Redlands hereby approves Commission Review & Approval No. 940 for the Project subject to the Conditions of Approval attached hereto as Exhibits “A” and “B,” and based upon the following findings:
1. The site for the intended use is adequate in size and shape to accommodate the use, and all of the required yards, setbacks, walls or fences, landscaping and other features will adjust the use to those existing or permitted future uses of land in the neighborhood.
The site is adequate in size and shape to accommodate the proposed use. The subject property proposed for single-family development is 3.38 gross acres and will be developed with 18 residential lots (minimum lot size of 7,200 square feet) and two lettered lots for related improvements and amenities. The project will provide the necessary on-site and offsite improvements including new roadway, curbs, gutters, and sidewalks, and driveway access to each residence. The project site complies with the applicable development standards for the Single Family Residential (R-1) District including lot width, lot depth, and minimum lot size. The proposed use will be compatible with the surrounding uses as it is located to the immediate west of similar existing single-family development. The Redlands Regular Meeting of 03-05-2024 894 of 967
5 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms proposed project will be consistent with the anticipated future residential development on parcels with residential land use designations in the immediate vicinity.
2. The site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
The site is designed to carry the type and quantity of traffic generated by the proposed use.
The site will provide new improved access to the site by improving Karon Street to include a full vehicle travel lane, curb, gutter and along the project’s frontage. These improvements are designed to carry the volume of residential traffic anticipated to be generated by the single-family development and multifamily development. These improvements will implement the project’s portion of the roadways designated for the area by the General Plan as well as additional improvements necessary to facilitate required access.
3. The conditions set forth in the approval and those shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare.
The conditions of approval for the project will protect the public health, safety, and general welfare. The project site will be developed in accordance with standard engineering design requirements as well as standard building code and fire code requirements. The project has been conditioned to comply with the applicable provisions of the Redlands Municipal Code.
Section 4. Effective Date. This Resolution shall become effective concurrent with the effective date of Ordinance No. 2960 (Zone Change No. 469) adopted by the City Council.
ADOPTED, SIGNED AND APPROVED this 5
th day of March, 2024.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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6 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 5 th day
of March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
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7 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms
EXHIBIT A
DEVELOPMENT SERVICES DEPARTMENT
CONDITIONS OF APPROVAL
(Tentative Tract Map No. 20490 and Commission Review and Approval No. 940) Planning Division
1. This permit/approval is for Tentative Tract Map No. 20490 and Commission Review & Approval No. 940, for the “Lugonia Village Residential Project” generally described as the following:
a. The subdivision of 3.47 net acres into twenty (20) lots with eighteen (18) numbered lots for single-family residential development, one lettered lot for a private park, and one lettered lot for stormwater facilities;
b. Construction of a total of eighteen (18) single family homes fronting along Karon Street.
c. Common recreational open space (privately-owned with private access) outdoors for use by the project’s residents and residential guests; d. Related improvements including frontage and street improvements in accordance with the civil engineering plans.
2. This permit/approval shall expire two (2) years from the date of project approval (will expire on January 23, 2026), unless construction has commenced pursuant to a building or engineering permit(s), or a time extension is granted in accordance with the Redlands Municipal Code (RMC Section 18.12.090 for Commission Review & Approval; and RMC Sections 17.07.110 and 17.07.120 for Subdivision Regulations).
3. 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.
4. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant’s project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys’ fees.
In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant’s project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit Redlands Regular Meeting of 03-05-2024 897 of 967
8 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms (together, the “Security”) in a form satisfactory to the City and in the amount of Three Hundred Thousand Dollars ($300,000), to ensure applicant’s performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City’s right to revoke this permit.
5. By signing and/or using this permit, the permittee acknowledges all of the conditions imposed and accepts this permit subject to those conditions and with full awareness of the applicable provisions of the Redlands Municipal Code including Title 15 (Buildings and Construction), Title 16 (General Plan), Title 17 (Subdivision Regulations), and Title 18 (Zoning Regulations). Failure of the permittee to sign these conditions does not affect their enforceability by the City or other responsible entity. These conditions are binding upon all future property owners and occupants of the subject property.
6. This permit/approval is granted for the project plans dated July 5, 2023 (“the plans”) on file with the Development Services Department.
7. Prior to the issuance of building permits for the project, an Affordable Housing Agreement and Density Bonus Agreement, in a form approved by the City, shall be recorded against the Inclusionary Units or the Residential Development in its entirety, as deemed appropriate by the City Manager in consultation with the City Attorney. The Affordable Housing and Density Bonus Agreement(s) shall ensure that the applicant and/or developer develops the required Inclusionary Housing Units and satisfies all other terms of the Inclusionary Housing Plan, State Density Bonus Law, and the Redlands Municipal Code.
8. No final inspection or Certificate of Occupancy shall be granted until all conditions of approval have been satisfied.
9. The issuance of any permits shall comply with all applicable provisions of the Redlands Municipal Code.
10. All plans submitted to the City shall reflect all Planning Commission and/or City Council approvals and any other changes required by the Commission, Council 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.
11. The Development Services Director is authorized to approve minor modifications to the approval project plans or any of the conditions of approval if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions.
12. No Certificate of Occupancy shall be granted for a building or phase, or building permit shall receive final approval and signature, until all applicable Conditions of Approval have been satisfied for that building or phase.
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13. The final maps shall substantially conform to the tentative maps as approved by the Planning Commission.
14. A copy of the approved Conditions of Approval shall be included on the cover page of the construction plans submitted to the Building Division.
15. The applicant shall comply with all applicable federal, state, and local laws. Violations or convictions of any of those laws in connection with the use may be cause for revocation of this permit.
16. 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 Municipal Utilities & Engineering Director and the Development Services Director, that detail undergrounding of all utilities for the project.
17. Transformer cabinets and gas meters shall not be located within required setbacks and/or adjacent to public streets, and shall be screened from public view either by architectural treatment or with landscaping. Multiple electrical meters and panels shall be fully enclosed and incorporated into the overall architectural design of the building(s). Backflow preventers shall be enclosed with landscaping that will provide complete screening upon maturity. The location and method of enclosure or screening of this equipment shall be shown on the construction plans and landscape plans prior to building permit issuance.
Location of said equipment shall be coordinated with appropriate utility company (i.e., Southern California Gas Company or Southern California Edison Company). The applicant shall submit plans showing details of screening subject to review and approval by the Development Services Director, prior to issuance of building permits.
18. Plans submitted for plan check shall include an exterior lighting plan, including fixture and pole designs, for review and approval by the Development Services Director or designee.
Prior to building permit issuance, a lighting and photometric plan shall be submitted demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off-site or adjacent lighting.
19. Prior to issuance of building permits, Developer shall demonstrate that light poles will not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet. Fixtures on exterior light poles shall direct lighting downward (e.g., contain a flat lens and/or have shielding that directs light downward and contains glare).
20. Prior to the issuance of building permits, the applicant shall submit plans detailing that roof screening is of adequate height to screen any roof-top equipment from public view on all sides, subject to review and approval by the Development Services Director. Screening of air conditioning units and other equipment on the buildings shall be incorporated into or Redlands Regular Meeting of 03-05-2024 899 of 967
10 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms compatible with the architectural design of the buildings. All equipment shall be screened from public view of adjacent roadways and freeways. Plumbing vents, ducts and other appurtenances protruding from the roof of structures shall be placed so that they will not be visible from the front of the property or other major public vantage points. Developer shall include a note on the construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color.
21. Any gutters, downspouts, pipes, and other drainage appurtenances shall be designed and shall be placed so that they will not be visible from the front of the property (i.e., from public right-of-way) or other major public vantage points.
22. Utility meters shall be fully screened and incorporated into the overall architectural design of the building (e.g., interior room, cabinet with wing wall, or equivalent complete screening). Any enclosures or screening shall be architecturally treated to match the exterior of the attached structure.
23. If any bollards or similar devices are used along street frontages or interior drive aisles, then the bollards or the equivalent shall be decorative in nature and subject to review and approval by the Development Services Director or designee in Plan Check prior to permit issuance. If any steel bollards or pour-in-place bollards are installed, they shall only be installed for protecting utility devices (e.g., transformers above-ground) and shall be painted a dark color (e.g., dark green, brown, or black) to blend with surrounding landscape screening.
24. Telecommunications and television equipment or satellite dishes shall not be located on the exterior of any building (including but not limited to balconies, patios, exterior railings, rooflines, etc.). Dwelling units shall be internally wired for all available utility and telecommunications services, with service devices, panels, or meters located within a centralized equipment room. The equipment room(s) in each building shall be fully enclosed and incorporated into the overall architectural design of the building(s). Any satellite dishes/receivers shall only be located on the roof and shall be completely screened from public view on all sides.
25. Where any public sidewalks are adjacent to slopes or parkways with slopes (e.g., downslopes), a 6” concrete curb may be required to be constructed with the sidewalk. Hand railings or guard rails should be avoided, if feasible. Prior to permit issuance, Developer shall identify any areas with slopes and parkways on the civil plans and identify construction of a 6” concrete curb as needed.
26. Prior to issuance of any building or engineering permit for any building or phase of the project, the Developer shall prepare and submit a Construction Parking Management Plan for all contractors, workers, and deliveries related to the project site. The Construction Parking Management Plan shall identify areas of the project site, surrounding private properties (with property owner’s authorization), and surrounding public streets that Redlands Regular Meeting of 03-05-2024 900 of 967
11 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms construction personnel may utilize. Deliveries of construction materials, equipment, trailers, vehicles, etc., shall be performed on the project site to the extent practicable, and avoid the use of public streets and rights-of-way if possible. The Developer and/or on-site primary general contractor (superintendent) shall have responsibility for monitoring and enforcing the approved parking management plan. The plan shall be subject to review and approval by the City Planner or designee, and may be modified by the City after approval to mitigate any unanticipated impacts or public nuisance conditions.
27. Prior to any use of any public street or right-of-way for construction-related activities, the Developer shall submit and receive approval for a Traffic Control Plan. Developer shall be responsible for repairing, replacing, or financially compensating any damages to public rights-of-way (including but not limited to paving, sidewalks, driveways, curbs and gutters, storm drain facilities, parkway landscape, street trees, public utilities, etc.) to the satisfaction of the Director(s) of the Municipal Utilities & Engineering Department and/or the Facilities & Community Services Department, or their designee(s), as applicable.
28. Prior to issuance of a Certificate of Occupancy for a building or phase, Developer shall remove all construction materials and vehicles from the subject property or phase.
29. Developer shall arrange for materials collection during construction, demolition, and occupancy with the City's Solid Waste Division, or Developer shall arrange for self-hauling to an authorized facility.
30. Prior to placing or constructing any signs on the project property, Developer shall obtain a sign permit from the City. Sign locations and illumination are subject to review and approval by the Planning Division under separate permit.
31. Bus Pad and Boarding Area: Prior to issuance of any building or engineering (site improvement) permits, the Developer shall coordinate, with Omnitrans, the design and construction of a sidewalk boarding area and bus pad east of the New York Street traffic signal and Karon Street, and show all bus-related improvements on the plans submitted to the Building Division, in accordance with RMC Section 18.224.020(F).
32. Each single-family home shall have two (2) covered parking spaces as required by the Redlands Municipal Code.
33. Any landscaping and amenities on the common lots within Tract Map No. 20490 shall be maintained by a Home Owners Association (HOA).
34. Front yard landscaping for each lot within Tentative Tract Map No. 20490 shall be planted and installed prior to occupancy of the unit.
35. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project’s approved site design, or building elevations without first consulting with the Development Services Director or designee.
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36. Any graded slopes greater in height than three feet (3’) shall be provided with irrigation systems and planted with groundcover, shrubs, and trees as approved by the Development Services Department and Municipal Utilities & Engineering Department, to prevent erosion.
37. Prior to the issuance of a building permit for walls over three feet in height, or open fences over four feet in height within the front yard setback, the developer shall obtain a Minor Exception Permit.
38. Prior to the issuance of a building permit for walls or fences over six feet in height, the developer shall obtain a Minor Exception Permit.
39. Landscape and Irrigation Plans shall be approved prior to the issuance of building permits.
Landscape and Irrigation shall be submitted for plan check to the Development Services Department, Building & Safety Division, for distribution to other departments and for review and approval by the Development Services Director. Plans shall be in compliance with the Water Efficient Landscape Ordinance No. 2724 (Also known as Chapter 15.54 of the RMC).
40. All construction activities shall be limited to the hours between 7:00 a.m. to 6:00 p.m., and no construction activities permitted on Sundays and Federal Holidays.
41. The project site shall be kept in a weed and dust free condition throughout all periods of development.
42. All walls facing public areas or existing development must be decorative in nature, using decorative (split-face or slump stone) block and or a textured finish (i.e. stucco).
Subdivision Conditions (Tentative Tract Map No. 20490):
43. Tentative Tract Map No. 20490 authorizes the subdivision of a total of approximately 3.38 acres into 18 number lots and 2 lettered lots (Lots A and B) located on the north side of Lugonia Avenue, south side of Pennsylvania Avenue, and west side of Karon Street (Parcel 2 of Tentative Parcel Map No 20469).
44. This Tentative Tract Map shall expire two (2) years or 24 months from the date of project approval, unless the Final Map has been recorded. or a time extension is granted in accordance with the Redlands Municipal Code pursuant to RMC Sections 17.07.110 and
17.07.120 (Subdivision Regulations).
45. Any application(s) for an extension of time of the above expiration date shall be filed with the Planning Division not less than 90 days prior to the expiration date and shall comply with Title 17 (Subdivision Regulations) of the Redlands Municipal Code. Upon application by the subdivider prior to the expiration of the approved or conditionally approved tentative Redlands Regular Meeting of 03-05-2024 902 of 967
13 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms map, the tentative map shall be automatically extended in accordance with the Subdivision Map Act.
46. The applicant shall record the subdivision by a Final Tract Map. The Final Tract Map(s) shall comply with the Subdivision Map Act and the Redlands Municipal Code (RMC).
47. Any conditions of approval determined by the City to not be completed prior to Final Map approval shall be included within the Subdivision Improvement Agreement entered into by the developer with the City.
48. Lot A shall be maintained for common open space for residents of the development.
49. Lot B shall be maintained for stormwater and water quality management purposes.
50. The applicant shall establish a Home Owners Association (HOA) for the care and maintenance of all property improvements held in common ownership of the subdivision.
The HOA 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 the CC&R’s shall cover the care and maintenance of all property and improvements held in common ownership of the subdivision and shall also cover the care and maintenance of parkways, groves, basins, and all lettered lots within the development.
CEQA Mitigation Measures:
51. Mitigation Measure BIO-1
A pre-construction burrowing owl clearance survey shall be conducted no less than 14 days prior to any vegetation removal or ground-disturbing activities to avoid impacts to burrowing owls and/or occupied burrows. The pre-construction clearance survey shall be conducted by a qualified biologist and in accordance with the methods outlined in the Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). A second clearance survey shall be conducted within 24 hours prior to ground disturbance.
Documentation of surveys and findings shall be submitted to the City of Redlands for review and file. If no burrowing owls or occupied burrows are detected, Project activities may begin, and no additional avoidance and minimization measures shall be required.
If an occupied burrow is found outside, but within 500 feet, of the development footprint, the qualified biologist shall establish a “no-disturbance” buffer around the burrow location(s). The size of the “no-disturbance” buffer shall be determined in consultation with the California Department of Fish and Wildlife (CDFW) and be based on the species status (i.e., breeding, non-breeding) and proposed level of disturbance. If an occupied burrow is found within the development footprint and cannot be avoided, a burrowing owl exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating Project activities.
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52. Mitigation Measure BIO-2
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.3, 3511, and 3513 of the California Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs). In order to protect migratory bird species, a nesting bird clearance survey shall be conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during the nesting season. Consequently, if avian nesting behaviors are disrupted, such as nest abandonment and/or loss of reproductive effort, it is considered “take” and is potentially punishable by fines and/or imprisonment.
If Project-related activities are to be initiated during the nesting season (January 1 to August 31), a pre-construction nesting bird clearance survey shall be conducted by a qualified biologist no more than three (3) days prior to the start of any vegetation removal or ground disturbing activities. The qualified biologist shall survey all suitable nesting habitat within the Project impact area, and areas within a biologically defensible buffer zone surrounding the Project impact area. If no active bird nests are detected during the clearance survey, Project activities may begin, and no additional avoidance and minimization measures shall be required. If an active bird nest is found, the species shall be identified, and a “nodisturbance” buffer shall be established around the active nest. The size of the “nodisturbance” buffer shall be increased or decreased based on the judgement of the qualified biologist and level of activity and sensitivity of the species. The qualified biologist shall periodically monitor any active bird nests to determine if Project-related activities occurring outside the “no-disturbance” buffer disturb the birds and if the buffer should be increased. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, Project activities within the “no-disturbance” buffer may occur following an additional survey by the qualified biologist to search for any new bird nests in the restricted area.
53. Mitigation Measure CUL-1
Prior to the issuance of a grading permit, the Applicant shall provide the Director of the City of Redlands Department of Development Services, or designee, with evidence that it has retained the services of a qualified archaeologist that meets the Secretary of the Interior standards on an on-call basis. Archaeological monitoring shall occur during all excavation activities down to a depth of 3 feet within 100 feet of the former residence location. In the event that cultural resources are discovered during Project activities, all work in the immediate vicinity of the find (within a 100-foot buffer) shall cease and the project archaeologist shall assess the find and determine appropriate treatment. Work on the other portions of the Project outside of the buffered area may continue during this assessment period.
54. Mitigation Measure CUL-2
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15 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the qualified archaeologist shall develop a Monitoring and Treatment Plan for the remainder of the Project site. The Monitoring and Treatment Plan shall be developed in coordination with the Applicant and the City. The Applicant shall secure a monitoring agreement with the archaeologist prior to the recommencement of work, and the archaeologist shall monitor during the remainder of the ground disturbance activities on the Project site and implement the Plan accordingly.
55. Mitigation Measure GEO-1
Prior to commencement of any grading activity on the Project site, the Applicant shall retain a qualified paleontologist, subject to the review and approval of the Director of the City of Redlands Department of Development Services, Planning Division, or designee.
The qualified paleontologist shall be present at the pre-grade conference and shall establish procedures for paleontological resource surveillance and procedures for temporarily halting and redirecting work to permit sampling and identification and evaluation of fossils.
If the resources are deemed to be significant, the paleontologist shall determine appropriate actions, in cooperation with the Applicant, which ensure proper exploration and/or salvage.
Full-time monitoring and salvage efforts will be necessary whenever previously undisturbed sediments are being disturbed (8 hours per day during grading or trenching activities). Once the earth moving is 50 percent completed, monitoring may be reduced if no fossils are being recovered. The paleontologist shall be empowered to temporarily divert or direct grading operations to facilitate assessment and salvaging of exposed fossils.
Collection and processing of matrix samples through fine screens will be necessary to salvage any micro-vertebrate remains.
In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor shall temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery shall be roped off with a 50- foot radius buffer. Once documentation and collection of the find is completed, the monitor shall remove the rope and allow grading to recommence in the area of the find. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the proposed Project. The PRIMP shall be consistent with the guidelines of the Society of Vertebrate Paleontology (SVP).
56. Mitigation Measure TRA-1:
Prior to submission of building permits, the Applicant shall coordinate with the City’s Engineering Division to determine the anticipated cost of evaluating and optimizing signal timing parameters at the intersection of Tennessee Street and West Lugonia Avenue. The Applicant shall submit payment to the Engineering Division covering the determined cost in full, consistent with County guidelines. The Building and Safety Division shall confirm Redlands Regular Meeting of 03-05-2024 905 of 967
16 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms the completion of payment prior to issuing building permits. Upon conclusion of Project construction, the Building and Safety Division shall not issue a Certificate of Occupancy to the Applicant until receiving confirmation from the City that signal optimization has been completed.
57. Mitigation Measure TCR-1:
Native American Treatment Agreement. Prior to the issuance of grading permits, the Applicant shall enter into a Tribal Monitoring Agreement with the Consulting Tribe(s) for the Project. The Tribal Monitor shall be on-site during all ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Monitor shall have the authority to temporarily divert, redirect, or halt the ground-disturbing activities to allow identification.
58. Mitigation Measure TCR-2:
Retention of Archaeologist. Prior to any ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post replacement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind), and prior to the issuance of grading permits, the Applicant shall retain a qualified archaeologist who meets the U.S. Secretary of the Interior Standards (SOI). The archaeologist shall be present during all ground-disturbing activities to identify any known or suspected archaeological and/or cultural resources. The archaeologist shall conduct a Cultural Resource Sensitivity Training, in conjunction with the Tribe[s] Tribal Historic Preservation Officer (THPO), and/or designated Tribal Representative. The training session shall focus on the archaeological and tribal cultural resources that may be encountered during ground-disturbing activities as well as the procedures to be followed in such an event.
59. Mitigation Measure TCR-3:
Cultural Resource Management Plan. Prior to any ground-disturbing activities the Project archaeologist shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing, and responsibilities of all archaeological and cultural resource activities that occur on the Project site. This Plan shall be written in consultation with the Consulting Tribe(s) and shall include the following: approved Mitigation Measures (MM)/Conditions of Approval (COA), contact information for all pertinent parties, parties’ responsibilities, procedures for each MM or COA, and an overview of the Project schedule.
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60. Mitigation Measure TCR-4:
Pre-Grade Meeting. The retained qualified archeologist and Consulting Tribe(s) representative shall attend the pre-grade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan.
61. Mitigation Measure TCR-5:
On-site Monitoring. During all ground-disturbing activities the qualified archaeologist and the Native American monitor shall be on-site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources as defined in California Public Resources Code Section 21074.
Archaeological and Native American monitoring will be discontinued when the depth of grading and the soil conditions no longer retain the potential to contain cultural deposits.
The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring.
62. Mitigation Measure TCR-6:
Inadvertent Discovery of Cultural Resources. In the event that previously unidentified cultural resources are unearthed during construction, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert and/or temporarily halt ground-disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed.
If a potentially significant cultural resource(s) is discovered, work shall stop within a 60- foot perimeter of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist and Tribal Monitor[s].
The archaeologist shall notify the Lead Agency and Consulting Tribe(s) of said discovery.
The qualified archaeologist, in consultation with the Lead Agency, the Consulting Tribe(s), and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the treatment and disposition of the Tribal Cultural Resource shall be made by the qualified archaeologist in consultation with the Tribe[s] and the Native American monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatments and dispositions of significant cultural resources in order of CEQA preference:
A. Full avoidance.
B. If avoidance is not feasible, Preservation in place.
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18 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms C. If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction.
D. If all other options are proven to be infeasible, data recovery through excavation and then curation in a Curation Facility that meets the Federal Curation Standards (CFR 79.1)
63. Mitigation Measure TCR-7:
Inadvertent Discovery of Human Remains. The Consulting Tribe(s) requests the following specific conditions to be imposed in order to protect Native American human remains and/or cremations. No photographs are to be taken except by the coroner, with written approval by the Consulting Tribe(s).
A. Should human remains and/or cremations be encountered on the surface or during any and all ground-disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within a 100-foot perimeter of the discovery. The area shall be protected; project personnel/observers will be restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to make his/her determination pursuant to State and Safety Code §7050.5. and Public Resources Code (PRC) § 5097.98.
B. In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of HSC §7050.5.
C. The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC §5097.98
D.If the Morongo Band of Mission Indians has been named the Most Likely Descendant (MLD), the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance where they will reside in perpetuity. The place(s) of reburial shall not be disclosed by any party and is exempt from the California Public Records Act (California Government Code § 6254[r]). Reburial location of human remains and/or cremations shall be determined by the Tribe’s Most Likely Descendant (MLD), the landowner, and the City Planning Department.
Redlands Regular Meeting of 03-05-2024 908 of 967
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64. Mitigation Measure TCR-8:
Final Report. The final report[s] created as a part of the Project (AMTP, isolate records, site records, survey reports, testing reports, etc.) shall be submitted to the City and Consulting Tribe(s) for review and comment. After approval of all parties, the final reports shall be submitted to the Eastern Information Center, and the Consulting Tribe(s).
Building Division
65. Building plans submitted for plan check shall consist of complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards which are effective at the time of Plan Check Submittal.
Facilities and Community Services Department
66. The City maintains a list of acceptable street trees by species, by street name, and by tree district, pursuant to RMC 12.52.050. Street trees for public streets adjacent to the project must be selected from this approved list.
67. Prior to issuance of any buildings permits for any building, the Developer shall prepare and submit a Trash Management Plan. The plan shall provide estimates of trash generation, estimates for the numbers and sizes of containers and facilities, schedule for City services, pertinent instructions for on-site maintenance staff (e.g., bins and containers shall not be placed on public streets and left unattended outdoors for more than two hours before or after trash service pick-up, bins and containers shall not be placed or staged in a manner that obstructs any vehicle travel lanes, etc.), and other necessary information as required by the City. The plan shall be subject to review and approval by the Facilities & Community Services Department and the Development Services Department, and may be modified by the City after approval to mitigate any unanticipated impacts or public nuisance conditions.
a. Each building and building pad shall be designed to accommodate all necessary refuse storage rooms, bins and containers, hallways, access paths, and other structural elements to be completely screened or enclosed. Refuse and recycling storage rooms and all bins or containers shall be completely screened from view from any streets (when not placed outdoors for scheduled pick-up and hauling).
Fire Department
68. Fuels Management and Weed Abatement:
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20 I:\cmo\Resolutions\8555 TTM 20490 and CRA 940 Lugonia Village.docx-ms a. From the present time until project construction phase, property owner is responsible to maintain compliance with Redlands Municipal Code Chapter 8.40 regarding Weed Abatement and Fuels Management.
b. Weeds and annual grasses shall be maintained at a 4 inches of growth or less. c. Tumbleweeds and similar uncultivated vegetation shall be removed.
69. Gates shall be designed for emergency access, and incorporate Knox Rapid Access System, subject to approval by the Redlands Fire Department.
70. Fire Protection Plan: Prior to the issuance of building permits, a separate Fire Master Plan is required for submittal to the RFD. It shall be a site plan reflecting all the following fire department related items:
a. Fire hydrant locations, public and private, as well as the associated fire flow compliance.
b. FDC locations.
c. Dimensions from FDC’s to hydrants.
d. DCDA locations.
e. Fire sprinkler riser locations and location of system serving. f. FACP locations.
g. Knox box and Knox switch locations.
h. Gate locations.
i. Fire lane locations, dimensions, lengths, turning radii at corners and circles/culde-sacs. j. Fire lane signage and striping.
k. Property dimensions or accurate scale.
l. Building locations and heights.
m. Building addresses and suite addresses.
n. Ground ladder access to emergency escape openings.
Other City Departments/Divisions:
71. Conditions of Approval from the following City Departments/Divisions are applicable to the project, and are hereby incorporated by reference:
a. Land Use Engineering Division (Exhibit “B”)
_____________________
Brian Desatnik
Development Services Director
Redlands Regular Meeting of 03-05-2024 910 of 967
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EXHIBIT B
LAND USE ENGINEERING DIVISION
CONDITIONS OF APPROVAL
(Tentative Tract Map No. 20490 and Commission Review & Approval No. 940) [ Attached ]
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1 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms RESOLUTION NO. 8556
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING TENTATIVE TRACT MAP NO. 20491 AND COMMISSION
REVIEW & APPROVAL NO. 942 FOR THE SUBDIVISION OF PARCEL 1 OF TENTATIVE PARCEL MAP NO. 20469 FOR CONDOMINIUM PURPOSES FOR 72 RESIDENTIAL TOWNHOMES (CONDOMINIUM AIRSPACE UNITS PLUS COMMON LOTS), AND THE CONSTRUCTION OF A 72-UNIT
TOWNHOUSE DEVELOPMENT, FRONTING ALONG A PROPOSED
EXTENSION OF PENNSYLVANIA AVENUE AND WESTERLY OF KARON
STREET.
WHEREAS, Redlands Summit, LLC (“Applicant”), has submitted an application for Tentative Tract Map No. 20491 and Commission Review & Approval No. 942 to subdivide Parcel 1 of Tentative Parcel Map No. 20469 for condominium purposes, to be utilized for seventy-two (72) residential condominium units, and the construction of a 72-unit townhouse development and related site improvements and amenities on a project site fronting along a proposed extension of Pennsylvania Avenue westerly of Karon Street; and
WHEREAS, the Applicant filed the applications concurrently with General Plan Amendment No. 143, Amendment No. 48 to Specific Plan No. 40, Zone Change No. 469, and request for a Density Bonus Agreement; and
WHEREAS, the above-referenced development and legislative applications filed with the City of Redlands are referred to hereinafter as the “Project” and “Project Entitlements”; and WHEREAS, the Applicant has submitted an Inclusionary Housing Plan in accordance with Redlands Municipal Code Chapter 18.230 (Inclusionary Housing) and proposes to fulfill the inclusionary housing requirements by providing twenty-eight (28) very low-income affordable housing units within the project; and
WHEREAS, the Project is subject to the California Environmental Quality Act (CEQA), the City has prepared an Initial Study for the Project in accordance with the State CEQA Guidelines, and adopted a Mitigated Negative Declaration for the project in accordance with CEQA Guidelines Section 15074; and
WHEREAS, on January 23, 2024, the Planning Commission held a public hearing and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the applicant and by members of the public; and WHEREAS, on January 23, 2024, the Planning Commission recommended to the City Council that the Project be approved; and
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2 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms WHEREAS, on or about February 23, 2024, notice of the City Council’s public hearing for the Project was published in the Redlands Daily Facts by the City Clerk; and WHEREAS, on March 5, 2024, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public; and
WHEREAS, following the public hearing on March 5, 2024, the City Council determined that approval of the proposal is in the best interests of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. California Environmental Quality Act. The proposed Project is subject to the California Environmental Quality Act (CEQA), and the City Council has adopted Resolution No. 8551 certifying and adopting the Mitigated Negative Declaration and related Mitigation Monitoring/Reporting Program for the project.
Section 2. Findings for Approval of Tentative Tract Map No. 20491. The City Council of the City of Redlands hereby approves Tentative Tract Map No. 20491 for the Project subject to the Conditions of Approval attached hereto as Exhibits “A” and “B,” and based upon the following findings:
1. The proposed map is consistent with the General Plan or any applicable specific plan, or other applicable provisions of the Redlands Municipal Code.
The proposed map will be consistent with the Redlands General Plan and the Redlands Municipal Code. The proposed project site is designated on the General Plan land use map as Commercial, and has existing zoning designation as Special Development (EV/SD) District within the East Valley Corridor Specific Plan. The applicant has filed a General Plan Amendment, Specific Plan Amendment, and Zone Change which would change the General Plan land use designation for the high-density residential portion of the project to High Density Residential and change the zoning district for the high-density residential portions of the project to Multiple Family Residential (R-3), which would allow the proposed densities with the accompanying Density Bonus pursuant to State Density Bonus Law. The application is consistent with the General Plan’s policies 4-P.8, 4-P.9, 4-P16, 4- A.7, 4-A.8 of the Livable Community chapter. The applicable zoning designation is the Multiple Family Residential (R-3) zoning district, and with the Density Bonus, the proposed densities and product type would be consistent with the General Plan land use designations, as amended. The project meets the applicable development standards for the applicable zoning district, with the exception of those concessions and waivers identified in the Density Bonus Agreement in accordance with State Density Bonus Law.
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2. The site is physically suitable for the proposed type of development.
The project site is physically suitable for the type of development. The existing site has a relatively flat topography within the development area and is large enough to subdivide the site for condominium purposes, and the utilization of the condominium map for 72 residential condominium units. The overall lot size complies with the minimum lot sizes and dimensions required of the R-3 zoning district (for condominium development), upon approval of the related amendments and zone change. The site has adequate frontage on the proposed Pennsylvania Avenue extension where vehicular access, utility services, and dispersion of project traffic can all occur. All on-site and off-site improvements proposed as part of the project’s design will meet applicable City standards and provide a safe and efficient environment for the residents as well as surrounding neighborhood.
3. The site is physically suitable for the density of the development.
The site is physically suitable for the density of the development. The project site has been identified in the City’s adopted 2021-2029 Housing Element as a site suitable for higher density residential development. The proposed project is designated on the General Plan land use map as Commercial and has existing zoning as Special Development (EV/SD) District. The applicant has filed a General Plan Amendment, Specific Plan Amendment, and Zone Change which would change the General Plan land use designation for the highdensity residential portion of the project to High Density Residential, and change the zoning district for the high-density residential portion of the project to Multiple Family Residential (R-3), which would allow the proposed densities with the accompanying Density Bonus pursuant to California State Law. The applicable zoning designation is the Multiple Family Residential (R-3), and with the Density Bonus, the proposed density would be consistent with the General Plan land use designation, as amended. The proposed project meets the applicable development standards for the zoning district, with the exception of those concessions and waivers identified in the Density Bonus Agreement in accordance with State Density Bonus Law. The size and the shape of the parcel is suitable to be subdivided into 72 condominium units, and related site improvements and amenities, while ensuring those lots have adequate space for vehicular access, landscape and open space areas, and water quality management facilities.
4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The design of the subdivision and proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. The developable portions of the site do not contain any biological resources including fish or wildlife, and based on Redlands Regular Meeting of 03-05-2024 914 of 967
4 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms the Initial Study that has been prepared for the project, there are no environmental factors that cannot be mitigated to a level of less than significant.
5. The design of the subdivision or the type of improvements are not likely to cause serious public health problems.
The design of the subdivision or the type of improvements are not likely to cause serious public health problems. The proposed project would accommodate a multifamily residential subdivision, and is not likely to cause any serious public health problems as the project is designed with improvements that meets all City and State building and fire codes, no offensive emissions or odors will be associated with the development, and the ambient noise will not affect residential properties because all noise will be mitigated to a level of less than significant as shown in the Initial Study.
6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.
The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The project will improve pedestrian and vehicular access in the immediate vicinity through the improvement and construction of public facilities. In addition, the project is responsible for installing or repairing associated street improvements such as curb and gutter, adjacent to the project, consistent with City requirements.
7. That pursuant to Section 66474.4 of the Subdivision Map Act, the land is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
The subject property is not under a Williamson Act Contract pursuant to the California Land Conservation Act of 1965, and will not be detrimental or otherwise affect lands in agricultural use.
Section 3. Findings for Commission Review and Approval No. 942. The City Council of the City of Redlands hereby approves Commission Review & Approval No. 942 for the Project subject to the Conditions of Approval attached hereto as Exhibits “A” and “B,” and based upon the following findings:
1. The site for the intended use is adequate in size and shape to accommodate the use, and all of the required yards, setbacks, walls or fences, landscaping and other features Redlands Regular Meeting of 03-05-2024 915 of 967
5 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms will adjust the use to those existing or permitted future uses of land in the neighborhood.
The site is adequate in size and shape to accommodate the proposed use. The subject property is 4.75 acres in size and will be developed with a 72-unit townhome community, with on-site parking, landscape, and recreational amenities. The project will provide the necessary on-site and off-site improvements including new roadway, curbs, gutters, and sidewalks, and interior drive aisles. With the Density Bonus, the project site complies with the applicable development standards for the Multiple Family Residential (R-3) District, such as setbacks, height, parking, common and private open space, and landscaping. The proposed use will be compatible with the surrounding uses as it is buffered from lowerdensity neighborhoods to the east by a new proposed single-family development, complete with required walls separating the zoning districts. The subject project site is also surrounded on all other sides by high-density residential and commercial areas, which allow for more intense uses of land. The proposed project will be consistent with the anticipated future residential development on parcels with residential land use designations in the immediate vicinity.
2. The site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
The site is designed to carry the type and quantity of traffic generated by the proposed use.
The site will provide new improved access to the site by extending Pennsylvania Avenue, which safely accommodates vehicular and pedestrian access to the project and connect the proposed development to the City’s street network. New roadway, curb, gutter, and sidewalk along the project’s frontage is incorporated into the project. As analyzed in the traffic study for the project, these improvements are designed to carry the volume of residential traffic anticipated to be generated by the project and implement the project’s portion of the roadways designated for the area by the General Plan.
3. The conditions set forth in the approval and those shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare.
The conditions of approval for the project will protect the public health, safety, and general welfare. The project site will be developed in accordance with standard engineering design requirements as well as standard building code and fire code requirements. The project has been conditioned to comply with the applicable provisions of the Redlands Municipal Code.
Section 4. Effective Date. This Resolution shall become effective concurrent with the effective date of Ordinance No. 2960 (Zone Change No. 469) adopted by the City Council.
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6 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms ADOPTED, SIGNED AND APPROVED this 5
th day of March, 2024.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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7 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 5 th day
of March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
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EXHIBIT A
DEVELOPMENT SERVICES DEPARTMENT
CONDITIONS OF APPROVAL
(Tentative Tract Map No. 20491 and Commission Review and Approval No. 942) Planning Division
1. This permit/approval is for Tentative Tract Map No. 20491 and Commission Review & Approval No. 942, for the “Lugonia Village Residential Project” generally described as the following:
a. The subdivision subdivide Parcel 1 of Tentative Parcel Map No. 20469 map for condominium purposes, to be utilized for seventy-two (72) residential condominium units;
b. Construction of a 72-unit townhouse development fronting on a proposed extension of Pennsylvania Avenue. including onsite parking and recreation areas; c. Common recreational open space (privately-owned with private access) outdoors for use by the project’s residents and residential guests; d. Related improvements including frontage and street improvements in accordance with the civil engineering plans.
2. This permit/approval shall expire two (2) years from the date of project approval (will expire on January 23, 2026), unless construction has commenced pursuant to a building or engineering permit(s), or a time extension is granted in accordance with the Redlands Municipal Code (RMC Section 18.12.090 for Commission Review & Approval; and RMC Sections 17.07.110 and 17.07.120 for Subdivision Regulations).
3. 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.
4. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant’s project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys’ fees.
In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant’s project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit Redlands Regular Meeting of 03-05-2024 919 of 967
9 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms (together, the “Security”) in a form satisfactory to the City and in the amount of Three Hundred Thousand Dollars ($300,000), to ensure applicant’s performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City’s right to revoke this permit.
5. By signing and/or using this permit, the permittee acknowledges all of the conditions imposed and accepts this permit subject to those conditions and with full awareness of the applicable provisions of the Redlands Municipal Code including Title 15 (Buildings and Construction), Title 16 (General Plan), Title 17 (Subdivision Regulations), and Title 18 (Zoning Regulations). Failure of the permittee to sign these conditions does not affect their enforceability by the City or other responsible entity. These conditions are binding upon all future property owners and occupants of the subject property.
6. This permit/approval is granted for the project plans dated July 5, 2023 (“the plans”) on file with the Development Services Department.
7. Prior to the issuance of building permits for the project, an Affordable Housing Agreement and Density Bonus Agreement, in a form approved by the City, shall be recorded against the Inclusionary Units or the Residential Development in its entirety, as deemed appropriate by the City Manager in consultation with the City Attorney. The Affordable Housing and Density Bonus Agreement(s) shall ensure that the applicant and/or developer develops the required Inclusionary Housing Units and satisfies all other terms of the Inclusionary Housing Plan, State Density Bonus Law, and the Redlands Municipal Code.
8. No final inspection or Certificate of Occupancy shall be granted until all conditions of approval have been satisfied.
9. The issuance of any permits shall comply with all applicable provisions of the Redlands Municipal Code.
10. All plans submitted to the City shall reflect all Planning Commission and/or City Council approvals and any other changes required by the Commission, Council 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.
11. The Development Services Director is authorized to approve minor modifications to the approval project plans or any of the conditions of approval if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions.
12. No Certificate of Occupancy shall be granted for a building or phase, or building permit shall receive final approval and signature, until all applicable Conditions of Approval have been satisfied for that building or phase.
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13. The final maps shall substantially conform to the tentative maps as approved by the Planning Commission.
14. A copy of the approved Conditions of Approval shall be included on the cover page of the construction plans submitted to the Building Division.
15. The applicant shall comply with all applicable federal, state, and local laws. Violations or convictions of any of those laws in connection with the use may be cause for revocation of this permit.
16. 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 Municipal Utilities & Engineering Director and the Development Services Director, that detail undergrounding of all utilities for the project.
17. Transformer cabinets and gas meters shall not be located within required setbacks and/or adjacent to public streets, and shall be screened from public view either by architectural treatment or with landscaping. Multiple electrical meters and panels shall be fully enclosed and incorporated into the overall architectural design of the building(s). Backflow preventers shall be enclosed with landscaping that will provide complete screening upon maturity. The location and method of enclosure or screening of this equipment shall be shown on the construction plans and landscape plans prior to building permit issuance.
Location of said equipment shall be coordinated with appropriate utility company (i.e., Southern California Gas Company or Southern California Edison Company). The applicant shall submit plans showing details of screening subject to review and approval by the Development Services Director, prior to issuance of building permits
18. Plans submitted for plan check shall include an exterior lighting plan, including fixture and pole designs, for review and approval by the Development Services Director or designee.
Prior to building permit issuance, a lighting and photometric plan shall be submitted demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off-site or adjacent lighting.
19. Prior to issuance of building permits, Developer shall demonstrate that light poles will not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet. Fixtures on exterior light poles shall direct lighting downward (e.g., contain a flat lens and/or have shielding that directs light downward and contains glare).
20. Prior to the issuance of building permits, the applicant shall submit plans detailing that roof screening is of adequate height to screen any roof-top equipment from public view on all sides, subject to review and approval by the Development Services Director. Screening of air conditioning units and other equipment on the buildings shall be incorporated into or Redlands Regular Meeting of 03-05-2024 921 of 967
11 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms compatible with the architectural design of the buildings. All equipment shall be screened from public view of adjacent roadways and freeways. Plumbing vents, ducts and other appurtenances protruding from the roof of structures shall be placed so that they will not be visible from the front of the property or other major public vantage points. Developer shall include a note on the construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color.
21. Any gutters, downspouts, pipes, and other drainage appurtenances shall be designed and shall be placed so that they will not be visible from the front of the property (i.e., from public right-of-way) or other major public vantage points.
22. Utility meters shall be fully screened and incorporated into the overall architectural design of the building (e.g., interior room, cabinet with wing wall, or equivalent complete screening). Any enclosures or screening shall be architecturally treated to match the exterior of the attached structure.
23. If any bollards or similar devices are used along street frontages or interior drive aisles, then the bollards or the equivalent shall be decorative in nature and subject to review and approval by the Development Services Director or designee in Plan Check prior to permit issuance. If any steel bollards or pour-in-place bollards are installed, they shall only be installed for protecting utility devices (e.g., transformers above-ground) and shall be painted a dark color (e.g., dark green, brown, or black) to blend with surrounding landscape screening.
24. Telecommunications and television equipment or satellite dishes shall not be located on the exterior of any building (including but not limited to balconies, patios, exterior railings, rooflines, etc.). Dwelling units shall be internally wired for all available utility and telecommunications services, with service devices, panels, or meters located within a centralized equipment room. The equipment room(s) in each building shall be fully enclosed and incorporated into the overall architectural design of the building(s). Any satellite dishes/receivers shall only be located on the roof and shall be completely screened from public view on all sides.
25. Where any public sidewalks are adjacent to slopes or parkways with slopes (e.g., downslopes), a 6” concrete curb may be required to be constructed with the sidewalk. Hand railings or guard rails should be avoided, if feasible. Prior to permit issuance, Developer shall identify any areas with slopes and parkways on the civil plans and identify construction of a 6” concrete curb as needed.
26. Prior to issuance of any building or engineering permit for any building or phase of the project, the Developer shall prepare and submit a Construction Parking Management Plan for all contractors, workers, and deliveries related to the project site. The Construction Parking Management Plan shall identify areas of the project site, surrounding private properties (with property owner’s authorization), and surrounding public streets that Redlands Regular Meeting of 03-05-2024 922 of 967
12 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms construction personnel may utilize. Deliveries of construction materials, equipment, trailers, vehicles, etc., shall be performed on the project site to the extent practicable, and avoid the use of public streets and rights-of-way if possible. The Developer and/or on-site primary general contractor (superintendent) shall have responsibility for monitoring and enforcing the approved parking management plan. The plan shall be subject to review and approval by the City Planner or designee, and may be modified by the City after approval to mitigate any unanticipated impacts or public nuisance conditions.
27. Prior to any use of any public street or right-of-way for construction-related activities, the Developer shall submit and receive approval for a Traffic Control Plan. Developer shall be responsible for repairing, replacing, or financially compensating any damages to public rights-of-way (including but not limited to paving, sidewalks, driveways, curbs and gutters, storm drain facilities, parkway landscape, street trees, public utilities, etc.) to the satisfaction of the Director(s) of the Municipal Utilities & Engineering Department and/or the Facilities & Community Services Department, or their designee(s), as applicable.
28. Prior to issuance of a Certificate of Occupancy for a building or phase, Developer shall remove all construction materials and vehicles from the subject property or phase.
29. Developer shall arrange for materials collection during construction, demolition, and occupancy with the City's Solid Waste Division, or Developer shall arrange for self-hauling to an authorized facility.
30. Prior to placing or constructing any signs on the project property, Developer shall obtain a sign permit from the City. Sign locations and illumination are subject to review and approval by the Planning Division under separate permit.
31. Entryways to the condominium communities shall incorporate decorative paving.
Decorative paving elements shall not be located within public rights-of-way.
32. Each condominium unit shall have two (2) covered parking spaces as required by the Redlands Municipal Code.
33. Any landscaping and amenities on the common lots within Tract Map No. 20491 shall be maintained by a Home Owners Association (HOA).
34. Streetscape and front yard landscaping Tentative Tract Map No. 20491 shall be planted and installed prior to occupancy of the unit.
35. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project’s approved site design, or building elevations without first consulting with the Development Services Director or designee.
36. Any graded slopes greater in height than three feet (3’) shall be provided with irrigation systems and planted with groundcover, shrubs, and trees as approved by the Development Redlands Regular Meeting of 03-05-2024 923 of 967
13 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms Services Department and Municipal Utilities & Engineering Department, to prevent erosion.
37. Prior to the issuance of a building permit for walls over three feet in height, or open fences over four feet in height within the front yard setback, the developer shall obtain a Minor Exception Permit.
38. Prior to the issuance of a building permit for walls or fences over six feet in height, the developer shall obtain a Minor Exception Permit.
39. Landscape and Irrigation Plans shall be approved prior to the issuance of building permits.
Landscape and Irrigation shall be submitted for plan check to the Development Services Department, Building & Safety Division, for distribution to other departments and for review and approval by the Development Services Director. Plans shall be in compliance with the Water Efficient Landscape Ordinance No. 2724 (Also known as Chapter 15.54 of the RMC).
40. All construction activities shall be limited to the hours between 7:00 a.m. to 6:00 p.m., and no construction activities permitted on Sundays and Federal Holidays.
41. The project site shall be kept in a weed and dust free condition throughout all periods of development.
42. All walls facing public areas or existing development must be decorative in nature, using decorative (split-face or slump stone) block and or a textured finish (i.e. stucco).
Subdivision Conditions (Tentative Tract Map No. 20491):
43. Tentative Tract Map No. 20491 authorizes the subdivision of 4.75 acres for condominium purposes, to be utilized for 72 residential units, located south of a proposed extension of Pennsylvania Avenue and west of Karon Street (Parcel 1 of Tentative Parcel Map No. 20469).
44. This Tentative Tract Map shall expire two (2) years or 24 months from the date of project approval, unless the Final Map has been recorded. or a time extension is granted in accordance with the Redlands Municipal Code pursuant to RMC Sections 17.07.110 and
17.07.120 (Subdivision Regulations).
45. Any application(s) for an extension of time of the above expiration date shall be filed with the Planning Division not less than 90 days prior to the expiration date and shall comply with Title 17 (Subdivision Regulations) of the Redlands Municipal Code. Upon application by the subdivider prior to the expiration of the approved or conditionally approved tentative map, the tentative map shall be automatically extended in accordance with the Subdivision Map Act.
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46. The applicant shall record the subdivision by a Final Tract Map. The Final Tract Map(s) shall comply with the Subdivision Map Act and the Redlands Municipal Code (RMC).
47. Any conditions of approval determined by the City to not be completed prior to Final Map approval shall be included within the Subdivision Improvement Agreement entered into by the developer with the City.
48. The applicant shall establish a Home Owners Association (HOA) for the care and maintenance of all property improvements held in common ownership of the subdivision.
The HOA 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 the CC&R’s shall cover the care and maintenance of all property and improvements held in common ownership of the subdivision and shall also cover the care and maintenance of parkways, groves, basins, and all lettered lots within the development.
49. Conditions, Covenants and Restrictions ("CC&Rs") shall be prepared by the applicant and approved by the City for the condominium project (Tentative Tract Map No. 20491). 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 proposed 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 Development Services Director and shall be approved in writing by the City Attorney as a precondition of and prior to the recordation of such amendment.”
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. CC&Rs shall detail the ownership and maintenance requirements for the development, and include statements that the required recreational open space, drive aisles and common landscape areas for the project shall be owned and maintained by the Home Owners Association for the project in perpetuity. d. The CC&Rs shall designate that any required guest parking spaces shall be owned, maintained, and operated by the Homeowners’ Association Redlands Regular Meeting of 03-05-2024 925 of 967
15 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms e. CC&Rs shall include compliance with the project’s approved Final Fire Protection Plan.
50. Prior to Final Tract Map clearance, the applicant shall submit one (1) copy of each of the final Articles of Incorporation, Bylaws of the Homeowners’ Association, and Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to the Planning Division for review and approval. After recordation of the final CC&Rs, two (2) copies of said recorded CC&Rs shall be submitted to the Planning Division.
51. Building plans submitted for the project shall clearly indicate the structures are condominiums for the applicable dwelling units.
52. Residential condominium construction shall comply with the requirements of Chapter
18.156, Article IV (Condominiums and Condominium Conversions), of the Redlands Municipal Code. Such requirements include but are not limited to:
a. Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria promulgated in title 25, California Administrative Code, section 1092, or its successor.
b. The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shutoff valve shall be provided for each unit.
c. All permanent mechanical equipment, including domestic appliances, which is determined by the building official to be a source or potential source of vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the building official to lessen the transmission of vibration and noise.
d. The anchorages of the permanent mechanical equipment are to be designed to resist the lateral seismic forces, as required by the current edition of the uniform building code. Failure of the city to identify potential sources of vibration on the approval of a specific vibration system does not prevent the city from subsequently requiring additional modification to the mechanical equipment to prevent vibration or noise from being detected in other condominium dwelling units. e. The proposed condominium project shall comply with all requirements of building, fire and housing codes, zoning provisions, and other applicable regulations in effect at the time of the application (or as otherwise specified in the approved Development Agreement for the project).
CEQA Mitigation Measures:
53. Mitigation Measure BIO-1
A pre-construction burrowing owl clearance survey shall be conducted no less than 14 days prior to any vegetation removal or ground-disturbing activities to avoid impacts to burrowing owls and/or occupied burrows. The pre-construction clearance survey shall be Redlands Regular Meeting of 03-05-2024 926 of 967
16 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms conducted by a qualified biologist and in accordance with the methods outlined in the Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). A second clearance survey shall be conducted within 24 hours prior to ground disturbance.
Documentation of surveys and findings shall be submitted to the City of Redlands for review and file. If no burrowing owls or occupied burrows are detected, Project activities may begin, and no additional avoidance and minimization measures shall be required.
If an occupied burrow is found outside, but within 500 feet, of the development footprint, the qualified biologist shall establish a “no-disturbance” buffer around the burrow location(s). The size of the “no-disturbance” buffer shall be determined in consultation with the California Department of Fish and Wildlife (CDFW) and be based on the species status (i.e., breeding, non-breeding) and proposed level of disturbance. If an occupied burrow is found within the development footprint and cannot be avoided, a burrowing owl exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating Project activities.
54. Mitigation Measure BIO-2
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.3, 3511, and 3513 of the California Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs). In order to protect migratory bird species, a nesting bird clearance survey shall be conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during the nesting season. Consequently, if avian nesting behaviors are disrupted, such as nest abandonment and/or loss of reproductive effort, it is considered “take” and is potentially punishable by fines and/or imprisonment.
If Project-related activities are to be initiated during the nesting season (January 1 to August 31), a pre-construction nesting bird clearance survey shall be conducted by a qualified biologist no more than three (3) days prior to the start of any vegetation removal or ground disturbing activities. The qualified biologist shall survey all suitable nesting habitat within the Project impact area, and areas within a biologically defensible buffer zone surrounding the Project impact area. If no active bird nests are detected during the clearance survey, Project activities may begin, and no additional avoidance and minimization measures shall be required. If an active bird nest is found, the species shall be identified, and a “nodisturbance” buffer shall be established around the active nest. The size of the “nodisturbance” buffer shall be increased or decreased based on the judgement of the qualified biologist and level of activity and sensitivity of the species. The qualified biologist shall periodically monitor any active bird nests to determine if Project-related activities occurring outside the “no-disturbance” buffer disturb the birds and if the buffer should be increased. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, Project activities within the “no-disturbance” buffer may occur following an additional survey by the qualified biologist to search for any new bird nests in the restricted area.
Redlands Regular Meeting of 03-05-2024 927 of 967
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55. Mitigation Measure CUL-1
Prior to the issuance of a grading permit, the Applicant shall provide the Director of the City of Redlands Department of Development Services, or designee, with evidence that it has retained the services of a qualified archaeologist that meets the Secretary of the Interior standards on an on-call basis. Archaeological monitoring shall occur during all excavation activities down to a depth of 3 feet within 100 feet of the former residence location. In the event that cultural resources are discovered during Project activities, all work in the immediate vicinity of the find (within a 100-foot buffer) shall cease and the project archaeologist shall assess the find and determine appropriate treatment. Work on the other portions of the Project outside of the buffered area may continue during this assessment period.
56. Mitigation Measure CUL-2
If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the qualified archaeologist shall develop a Monitoring and Treatment Plan for the remainder of the Project site. The Monitoring and Treatment Plan shall be developed in coordination with the Applicant and the City. The Applicant shall secure a monitoring agreement with the archaeologist prior to the recommencement of work, and the archaeologist shall monitor during the remainder of the ground disturbance activities on the Project site and implement the Plan accordingly.
57. Mitigation Measure GEO-1
Prior to commencement of any grading activity on the Project site, the Applicant shall retain a qualified paleontologist, subject to the review and approval of the Director of the City of Redlands Department of Development Services, Planning Division, or designee.
The qualified paleontologist shall be present at the pre-grade conference and shall establish procedures for paleontological resource surveillance and procedures for temporarily halting and redirecting work to permit sampling and identification and evaluation of fossils.
If the resources are deemed to be significant, the paleontologist shall determine appropriate actions, in cooperation with the Applicant, which ensure proper exploration and/or salvage.
Full-time monitoring and salvage efforts will be necessary whenever previously undisturbed sediments are being disturbed (8 hours per day during grading or trenching activities). Once the earth moving is 50 percent completed, monitoring may be reduced if no fossils are being recovered. The paleontologist shall be empowered to temporarily divert or direct grading operations to facilitate assessment and salvaging of exposed fossils.
Collection and processing of matrix samples through fine screens will be necessary to salvage any micro-vertebrate remains.
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18 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor shall temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery shall be roped off with a 50- foot radius buffer. Once documentation and collection of the find is completed, the monitor shall remove the rope and allow grading to recommence in the area of the find. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the proposed Project. The PRIMP shall be consistent with the guidelines of the Society of Vertebrate Paleontology (SVP).
58. Mitigation Measure TRA-1:
Prior to submission of building permits, the Applicant shall coordinate with the City’s Engineering Division to determine the anticipated cost of evaluating and optimizing signal timing parameters at the intersection of Tennessee Street and West Lugonia Avenue. The Applicant shall submit payment to the Engineering Division covering the determined cost in full, consistent with County guidelines. The Building and Safety Division shall confirm the completion of payment prior to issuing building permits. Upon conclusion of Project construction, the Building and Safety Division shall not issue a Certificate of Occupancy to the Applicant until receiving confirmation from the City that signal optimization has been completed.
59. Mitigation Measure TCR-1:
Native American Treatment Agreement. Prior to the issuance of grading permits, the Applicant shall enter into a Tribal Monitoring Agreement with the Consulting Tribe(s) for the Project. The Tribal Monitor shall be on-site during all ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Monitor shall have the authority to temporarily divert, redirect, or halt the ground-disturbing activities to allow identification.
60. Mitigation Measure TCR-2:
Retention of Archaeologist. Prior to any ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post replacement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind), and prior to the issuance of grading permits, the Applicant shall retain a qualified archaeologist who meets the U.S. Secretary of the Interior Standards (SOI). The archaeologist shall be present during all ground-disturbing activities to identify any known or suspected archaeological and/or cultural resources. The archaeologist shall conduct a Cultural Resource Sensitivity Training, in conjunction with the Tribe[s] Tribal Historic Preservation Officer (THPO), and/or designated Tribal Redlands Regular Meeting of 03-05-2024 929 of 967
19 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms Representative. The training session shall focus on the archaeological and tribal cultural resources that may be encountered during ground-disturbing activities as well as the procedures to be followed in such an event.
61. Mitigation Measure TCR-3:
Cultural Resource Management Plan. Prior to any ground-disturbing activities the Project archaeologist shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing, and responsibilities of all archaeological and cultural resource activities that occur on the Project site. This Plan shall be written in consultation with the Consulting Tribe(s) and shall include the following: approved Mitigation Measures (MM)/Conditions of Approval (COA), contact information for all pertinent parties, parties’ responsibilities, procedures for each MM or COA, and an overview of the Project schedule.
62. Mitigation Measure TCR-4:
Pre-Grade Meeting. The retained qualified archeologist and Consulting Tribe(s) representative shall attend the pre-grade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan.
63. Mitigation Measure TCR-5:
On-site Monitoring. During all ground-disturbing activities the qualified archaeologist and the Native American monitor shall be on-site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources as defined in California Public Resources Code Section 21074.
Archaeological and Native American monitoring will be discontinued when the depth of grading and the soil conditions no longer retain the potential to contain cultural deposits.
The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring.
64. Mitigation Measure TCR-6:
Inadvertent Discovery of Cultural Resources. In the event that previously unidentified cultural resources are unearthed during construction, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert and/or temporarily halt ground-disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed.
If a potentially significant cultural resource(s) is discovered, work shall stop within a 60- foot perimeter of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist and Tribal Monitor[s].
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20 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms The archaeologist shall notify the Lead Agency and Consulting Tribe(s) of said discovery.
The qualified archaeologist, in consultation with the Lead Agency, the Consulting Tribe(s), and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the treatment and disposition of the Tribal Cultural Resource shall be made by the qualified archaeologist in consultation with the Tribe[s] and the Native American monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatments and dispositions of significant cultural resources in order of CEQA preference:
A. Full avoidance.
B. If avoidance is not feasible, Preservation in place.
C. If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction.
D. If all other options are proven to be infeasible, data recovery through excavation and then curation in a Curation Facility that meets the Federal Curation Standards (CFR 79.1)
65. Mitigation Measure TCR-7:
Inadvertent Discovery of Human Remains. The Consulting Tribe(s) requests the following specific conditions to be imposed in order to protect Native American human remains and/or cremations. No photographs are to be taken except by the coroner, with written approval by the Consulting Tribe(s).
A. Should human remains and/or cremations be encountered on the surface or during any and all ground-disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within a 100-foot perimeter of the discovery. The area shall be protected; project personnel/observers will be restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to make his/her determination pursuant to State and Safety Code §7050.5. and Public Resources Code (PRC) § 5097.98.
B. In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of HSC §7050.5.
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21 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms C. The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC §5097.98
D.If the Morongo Band of Mission Indians has been named the Most Likely Descendant (MLD), the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance where they will reside in perpetuity. The place(s) of reburial shall not be disclosed by any party and is exempt from the California Public Records Act (California Government Code § 6254[r]). Reburial location of human remains and/or cremations shall be determined by the Tribe’s Most Likely Descendant (MLD), the landowner, and the City Planning Department.
66. Mitigation Measure TCR-8:
Final Report. The final report[s] created as a part of the Project (AMTP, isolate records, site records, survey reports, testing reports, etc.) shall be submitted to the City and Consulting Tribe(s) for review and comment. After approval of all parties, the final reports shall be submitted to the Eastern Information Center, and the Consulting Tribe(s).
Building Division
67. Building plans submitted for plan check shall consist of complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards which are effective at the time of Plan Check Submittal.
Facilities and Community Services Department
68. The City maintains a list of acceptable street trees by species, by street name, and by tree district, pursuant to RMC 12.52.050. Street trees for public streets adjacent to the project must be selected from this approved list.
69. Prior to issuance of any buildings permits for any building, the Developer shall prepare and submit a Trash Management Plan. The plan shall provide estimates of trash generation, estimates for the numbers and sizes of containers and facilities, schedule for City services, pertinent instructions for on-site maintenance staff (e.g., bins and containers shall not be placed on public streets and left unattended outdoors for more than two hours before or after trash service pick-up, bins and containers shall not be placed or staged in a manner that obstructs any vehicle travel lanes, etc.), and other necessary information as required by the City. The plan shall be subject to review and approval by Redlands Regular Meeting of 03-05-2024 932 of 967
22 I:\cmo\Resolutions\Resolution 8556 TTM 20491 and CRA 942 Lugonia Village.docx-ms the Facilities & Community Services Department and the Development Services Department, and may be modified by the City after approval to mitigate any unanticipated impacts or public nuisance conditions.
a. Each building and building pad shall be designed to accommodate all necessary refuse storage rooms, bins and containers, hallways, access paths, and other structural elements to be completely screened or enclosed. Refuse and recycling storage rooms and all bins or containers shall be completely screened from view from any streets (when not placed outdoors for scheduled pick-up and hauling).
Fire Department
70. Fuels Management and Weed Abatement:
a. From the present time until project construction phase, property owner is responsible to maintain compliance with Redlands Municipal Code Chapter 8.40 regarding Weed Abatement and Fuels Management.
b. Weeds and annual grasses shall be maintained at a 4 inches of growth or less. c. Tumbleweeds and similar uncultivated vegetation shall be removed.
71. Gates shall be designed for emergency access, and incorporate Knox Rapid Access System, subject to approval by the Redlands Fire Department.
72. Fire Protection Plan: Prior to the issuance of building permits, a separate Fire Master Plan is required for submittal to the RFD. It shall be a site plan reflecting all the following fire department related items:
a. Fire hydrant locations, public and private, as well as the associated fire flow compliance.
b. FDC locations.
c. Dimensions from FDC’s to hydrants.
d. DCDA locations.
e. Fire sprinkler riser locations and location of system serving. f. FACP locations.
g. Knox box and Knox switch locations.
h. Gate locations.
i. Fire lane locations, dimensions, lengths, turning radii at corners and circles/culde-sacs. j. Fire lane signage and striping.
k. Property dimensions or accurate scale.
l. Building locations and heights.
m. Building addresses and suite addresses.
n. Ground ladder access to emergency escape openings.
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73. Conditions of Approval from the following City Departments/Divisions are applicable to the project, and are hereby incorporated by reference:
a. Land Use Engineering Division (Exhibit “B”)
_____________________
Brian Desatnik
Development Services Director
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EXHIBIT B
LAND USE ENGINEERING DIVISION
CONDITIONS OF APPROVAL
(Tentative Tract Map No. 20491 and Commission Review & Approval No. 942) [ Attached ]
Redlands Regular Meeting of 03-05-2024 935 of 967
1 I:\cmo\Resolutions\8557 Density Bonus and Inclusionary Housing Agreement Lugonia Village.docx-ms RESOLUTION NO. 8857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING AN AFFORDABLE HOUSING COVENANT AND
REGULATORY AGREEMENT (DENSITY BONUS & INCLUSIONARY
HOUSING AGREEMENT) FOR THE PROPOSED LUGONIA VILLAGE
RESIDENTIAL PROJECT, LOCATED ON THE NORTH SIDE OF WEST
LUGONIA AVENUE, SOUTH SIDE OF A PROPOSED EXTENSION OF
PENNSYLVANIA AVENUE, AND WEST SIDE OF KARON STREET.
WHEREAS, Redlands Summit, LLC (“Applicant”), has filed an application for a Density Bonus Agreement and Inclusionary Housing Plan for a proposed multi-family and single-family residential development with a total of 541 dwelling units on three parcels located at north side of Lugonia Avenue, south side of a proposed extension of Pennsylvania Avenue, and west side of Karon Street (APNs: 0167-171-04-0000, 0167-171-05-0000, and 0167-171-06-0000); and WHEREAS, the Applicant has filed concurrent applications for General Plan Amendment No. 143, Amendment No. 48 to Specific Plan No. 40 (East Valley Corridor Specific Plan), Zone Change No. 469, Tentative Parcel Map No. 20469, Tentative Tract Map No. 20490 and No. 20491, and Commission Review & Approval Nos. 940, 941, and 942 for a residential development located on the north side of West Lugonia Avenue, south side of Pennsylvania Avenue, and west side of Karon Street (the “Project”); and
WHEREAS, the Applicant has submitted an Inclusionary Housing Plan in accordance with Redlands Municipal Code Chapter 18.230 (Inclusionary Housing) and proposes to fulfill the inclusionary housing requirements by providing twenty-eight (28) very low-income affordable housing units within the project; and
WHEREAS, the California Legislature has consistently recognized the continuing need for new housing units and affordable housing in California, stating in Government Code Section 65580, that "the availability of housing is of vital statewide importance, and the early attainment of decent housing… is a priority of the highest order" and, further, that, "local… governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community"; and
WHEREAS, the City of Redlands adopted its 6th Cycle Housing Element (the 2021-2029 Housing Element) on October 4, 2022, the City will implement numerous policies and programs as outlined in the 2021-2029 Housing Element, and the City intends to rezone certain parcels identified in the Housing Sites Inventory List to accommodate future high-density housing including housing affordable to lower-income households; and Redlands Regular Meeting of 03-05-2024 936 of 967
2 I:\cmo\Resolutions\8557 Density Bonus and Inclusionary Housing Agreement Lugonia Village.docx-ms WHEREAS, the Housing Sites Inventory List contained in the City’s 2021-2029 Housing Element includes two parcels (APNs 0167-171-04-0000 and 0167-171-05-0000) within the proposed project site that are to be rezoned for future housing projects; and WHEREAS, the proposed Project is consistent with the 2021-2029 Housing Element, and approval of the requested Agreement pertaining to the density bonus and inclusionary housing requirement is necessary to achieve consistency with the 2021-2029 Housing Element and goals contained therein; and
WHEREAS, on January 23, 2024, the Planning Commission recommended to the City Council that the Density Bonus and Inclusionary Housing Agreement be approved; and WHEREAS, on or about February 23, 2024, notice of the City Council’s public hearing for the Project, including the Density Bonus and Inclusionary Housing Agreement, was published in the Redlands Daily Facts by the City Clerk; and
WHEREAS, the City Council held a duly noticed public hearing on March 5, 2024, at which interested persons had the opportunity to provide verbal and written testimony on the Project, including the proposed Density Bonus and Inclusionary Housing Agreement; and WHEREAS, following the public hearing on March 5, 2024, the City Council determined that approval of the proposal is in the best interests of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. Approval of Density Bonus and Inclusionary Housing Agreement. The proposed density bonus and inclusionary housing agreement for the Lugonia Village Project (“Affordable Housing Covenant and Regulatory Agreement”) is hereby approved subject to the agreement attached hereto as Exhibit “A” and based upon the following findings:
1. The development project would not be a hazard or nuisance to the city at large or establish a use or development inconsistent with the goals and policies of the city's general plan.
The proposed project for 541 dwelling units will not be a hazard or nuisance to the City of Redlands at large. The proposed project and land use will be consistent with several policies and actions contained in the General Plan. The proposed project will also implement several goals and policies contained in the 2021-2029 Housing Element, particularly for increased density for sites identified in the Housing Sites Inventory and affordable housing. The proposed project will help the City achieve its housing goal numbers as determined by the Regional Housing Needs Assessment as further explained in the Housing Element.
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2. The number of dwellings can be accommodated by existing and planned infrastructure capacities.
The proposed project for 541 dwelling units can be accommodated by existing and planned infrastructure capacities. The City’s Development Review Committee (including Land Use Engineering staff and Municipal Utilities & Engineering Department) have reviewed the proposed project plans, and all necessary infrastructure, public and private utilities, and public services will be able to adequately serve the project site and vicinity.
3. Adequate evidence exists to ensure that the development of the property would result in the provision of affordable housing in a manner consistent with the purpose and intent of this chapter;
The proposed project for 541 dwelling units is consistent with the applicable provisions of State density bonus law (Calif. Gov. Code Sections 65915 – 65918) and the project is subject to a Density Bonus Agreement that is included in the project entitlements. The development of the property will result in the provision of 28 affordable housing units for very-low-income households in a manner consistent with the purpose and intent of the Redlands Municipal Code as well as applicable State law.
4. In the event that the city does not grant at least one financial concession or incentive as defined in state law in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs; and The proposed project for 541 dwelling units does not require any financial concessions or incentives from the City. There are no additional concessions or incentives that will be necessary to ensure affordable housing costs. The proposed Density Bonus Agreement will ensure that the project provides housing for very-low-income households in accordance with State law.
5. There are sufficient provisions to guarantee that the lower and very low income units would remain affordable in the future.
The proposed project for 541 dwelling units includes a Density Bonus Agreement that will ensure the project provides housing for very-low-income households in accordance with the granted density bonus and applicable State law. The Density Bonus Agreement includes terms and provisions to ensure that only eligible very-low-income residents may reside in the affordable housing units within the development and have the benefit of affordable rents.
Section 2. Effective Date. This Resolution shall become effective upon adoption.
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4 I:\cmo\Resolutions\8557 Density Bonus and Inclusionary Housing Agreement Lugonia Village.docx-ms ADOPTED, SIGNED AND APPROVED this 5
th day of March, 2024.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 939 of 967
5 I:\cmo\Resolutions\8557 Density Bonus and Inclusionary Housing Agreement Lugonia Village.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 5 th day
of March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 940 of 967
6 I:\cmo\Resolutions\8557 Density Bonus and Inclusionary Housing Agreement Lugonia Village.docx-ms
EXHIBIT A
Affordable Housing Covenant and Regulatory Agreement
Proposed “Lugonia Village” Housing Development
[ Attached ]
Redlands Regular Meeting of 03-05-2024 941 of 967
City Council/Successor Agency Meeting L. 1.
DATE: 03/05/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8550, a requirement of the San Bernardino County Transportation Authority, Transportation Development Act Article 3 Guidelines for acceptance of the $1,282,000 Bicycle and Pedestrian Facilities Program grant; the 15% local match from Public Benefit Trails Reserve funds; the additional appropriation of $1,089,700; and determination that these actions are exempt from environmental review pursuant to Sections 15061(b)(3) and 15301(c) of the State's Guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motions are provided:
I move that City Council determine adoption of Resolution No. 8550 and acceptance of a Transportation Development Act, Article 3 Bicycle and Pedestrian Facilities Program grant are exempt from environmental review pursuant to Sections 15061(b)(3) and 15301(c) of the State's Guidelines implementing the California Environmental Quality Act;
1. Further, I move that City Council adopt Resolution No. 8550, accept the Transportation Development Act Article 3 Bicycle and Pedestrian Facilities Program grant, approve use of the Public Benefit Trails Reserve to match funds, and an additional appropriation of $1,089,700.
2. RECOMMENDATION:
Staff recommends City Council determine adoption of Resolution No. 8550 and acceptance of the Transportation Development Act (TDA), Article 3 Bicycle and Pedestrian Facilities Program grant are exempt from environmental review under Sections 15061(b)(3) and 15301(c) of the guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approve Resolution No. 8550 authorizing the filing of the Claim Form, the Redlands Regular Meeting of 03-05-2024 942 of 967
submission of the Reimbursement Request Form(s), and designating the individual authorized to certify project completion for the TDA grant, accept the TDA grant in the amount of $1,282,000, which requires fifteen percent (15%) in local matching funds, approve the use of the Public Benefit Trails Reserve to fund the local match, and approve an additional appropriation of $1,089,700.
DISCUSSION:
In July 2023, the City of Redlands (City) submitted an application for supplemental funding through the Transportation Development Act (TDA) Article 3 grant program for construction of the Orange Blossom Trail (OBT) Phase IV Project (Project), which will construct the last remaining OBT segment on the west side of Redlands. In October 2023, MUED staff received a notice of award for $1,089,700 in grant funding, which requires $192,300 (15%) in local matching funds for a total project cost of $1,282,000. There is sufficient funding in the Public Benefit Trails Reserve to fund the local match.
The TDA Program Guidelines adopted by the SBCTA Board of Directors in June 2021 requires recipients of TDA Article 3 funding to adopt a resolution authorizing the filing of the Claim Form, the submission of Reimbursement Request Form(s), and designating the individuals authorized to certify project completion within six (6) months of the funding award notification. In accordance with Section 2.2.3, Post Award Grant Administration of the City's Policy Manual, MUED staff recommends that City Council accept the grant funds. MUED staff will manage all Project elements, including grant administration, and will ensure compliance with City policies and grant requirements.
Adoption of Resolution No. 8550 and acceptance of the TDA grant funds are exempt from environmental review pursuant to Section 15061(b)(3) and Section 15301(c) of the State's Guidelines implementing the California Environmental Quality Act as there is no possibility this action will result in an impact on the environment.
ALTERNATIVES:
City Council may decline the approval of Resolution No. 8550 and acceptance of the TDA grant.
STRATEGIC PLAN:
N/A
Redlands Regular Meeting of 03-05-2024 943 of 967
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
PREPARED BY:
Veronica Medina, Associate Engineer
Fiscal Impact
Fiscal Year: FY 23/24
Appropriation Required Y/N: Yes
Amount: $1,089,700
Budgeted Y/N: No
Account No.: 241400; 101400
Discussion:
The recommended Council action requires an additional appropriation of $1,089,700 from the Transportation Development Act Fund (241), which will be reimbursed by the TDA grant. MUED staff also recommends an additional appropriation of $192,300 from the Public Benefit Trails Reserve (proceeds from the sale of Nevada Palmetto Grove) to fund the local match requirement.
Attachments
A. Resolution No. 8550
B. Additional Appropriation Form
C. Grant Award Letter
D. Location Map
Redlands Regular Meeting of 03-05-2024 944 of 967
1 I:\cmo\Resolutions\8850 Authorizing Submittal of a Claim to SBCTA.docx-ms RESOLUTION NO. 8550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS,
CALIFORNIA, AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR 2023 TDA ARTICLE 3 ORANGE BLOSSOM TRAIL PHASE IV PROJECT
WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and
WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and WHEREAS, SBCTA awarded City of Redlands TDA Article 3 grant funds in the amount of $1,089,700 for development of the 2023 TDA Article 3 Orange Blossom Trail Phase IV Project within the City of Redlands jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires City of Redlands to submit a claim and request(s) for reimbursement; and
WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Council; and
WHEREAS, the 2023 TDA Article 3 Orange Blossom Trail Phase IV Project award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and
Redlands Regular Meeting of 03-05-2024 945 of 967
2 I:\cmo\Resolutions\8850 Authorizing Submittal of a Claim to SBCTA.docx-ms WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion; and
WHEREAS, City Manager, or his/her designee, is authorized to certify project completion, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redlands as follows:
Section 1. Authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the 2023 TDA Article 3 Orange Blossom Trail Phase IV Project in the amount of $1,089,700; and
Section 2. Authorizes that the City Manager, or his/her designee, is authorized to certify project completion.
ADOPTED, SIGNED AND APPROVED this 5
th day of March, 2023.
________________________
Eddie Tejeda, Mayor
ATTEST:
____________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 946 of 967
3 I:\cmo\Resolutions\8850 Authorizing Submittal of a Claim to SBCTA.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 5 th day of March,
2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 947 of 967
Redlands Regular Meeting of 03-05-2024 948 of 967
October 13, 2023
Veronica Medina
Transmitted via email to: [email protected]
Re: 2023 TDA Article 3 Award – Orange Blossom Trail Phase IV Dear Veronica Medina,
It is our pleasure to inform you that on October 4, 2023, the San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board) approved funding in the amount of $1,089,700 from the Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Facilities Program for the Orange Blossom Trail Phase IV Project. The SBCTA Board set the period of time for completion of your project to comply with TDA provisions, therefore this project must be completed by June 30, 2027.
Please note the following important funding requirements:
• A (1) signed Claim Form and (2) and Authorizing Resolution Authorized Resolution must be submitted within six months (by April 4, 2024) of project award notification, or prior to requesting reimbursement of funds, whichever comes first. A sample resolution can be found at www.gosbcta.com/tda3 under the Claims section. • Completion of an Annual Proof of Progress Report (Annual Report) must be submitted on the FIRST anniversary of award notification AND by June 30 for all subsequent years thereafter. The annual report must include:
o A description of the work completed during the year,
o An estimate of the total project percent completed, and o An estimate of the amount spent to-date.
• Funds will be rescinded if no progress has been made within ONE year of award notification or if, where appropriate, a construction contract has not yet been awarded within THREE years of award notification.
Additionally, the TDA Article 3 award is paid through a reimbursement process. The award is for a maximum reimbursable amount. Should your project exceed the maximum reimbursable amount, SBCTA will not provide any additional reimbursement. For projects completed under the awarded amount, the local match percentage of 15% ($192,300) as identified in your grant application will apply to the adjusted total. Sponsor agencies receiving an allocation of $200,000 or less shall be reimbursed in arrears and upon proof of satisfactory project completion. Agencies receiving an allocation of $200,000 or more may request progress payments for a minimum of 20% of the award total; however, 20% of the awarded funds shall be held by SBCTA until proof of satisfactory project completion.
Congratulations on submitting a successful grant application. We look forward to the timely completion of your project.
Should you have any questions please contact me at (909) 884-8276 or [email protected].
Sincerely,
Ginger Koblasz
Senior Planner
Redlands Regular Meeting of 03-05-2024 949 of 967
Redlands Regular Meeting of 03-05-2024 950 of 967
City Council/Successor Agency Meeting L. 2.
DATE: 03/05/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8560 accepting the dedication of
1.66 acres of parkland from MLC Holdings, Inc., the future reimbursement of $463,312.98 in Park and Open Space
Development Impact Fees associated with Tentative Tract Map 20528, and determine that the project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):
If the City Council determines that the recommendations are appropriate, the following motion is provided:
I move to adopt Resolution No. 8560.
RECOMMENDATION:
On December 14, 2023 the Parks and Recreation Advisory Commission (Commission) reviewed the request by MLC Holdings, Inc. and recommended that the City Council adopt Resolution No. 8560, accepting the dedication of
1.66 acres of parklands and future reimbursement to the dedicating entity, $463,312.98 of Park and Open Space Development Impact Fees associated with Tentative Tract Map 20528, upon successful completion of the project and City acceptance.
Redlands Regular Meeting of 03-05-2024 951 of 967
DISCUSSION:
MLC Holdings, Inc. wishes to dedicate parkland to the City and receive credit in place of paying developmental impact fees associated with a current housing project. Development impact fees are a one-time charge to new development imposed under the Mitigation Fee Act. These fees are charged to new development to mitigate impacts resulting from the development activity.
Resolution No. 8109 establishes policies and procedures for the voluntary dedication of open space and parkland, in accordance with 17.15 of the Redlands Municipal Code relating to open space and park fees. Resolution No. 8109 requires the Parks and Recreation Advisory Commission (Commission) to make a recommendation to the City Council on the request to dedicate, prior to the City Council's consideration of the request.
On December 14, 2023, the Commission unanimously approved a recommendation that City Council accept the dedication of parkland and improvements as represented by MLC Holdings, LLC, and issue a reimbursement of the Park and Open Space development impact fees equivalent to what is otherwise owed for the project, estimated to be $463,312.98.
MLC Holdings, Inc. is currently processing plans for a 117-unit single-family development located on approximately 15 acres north of Pioneer Ave, south of Domestic Avenue and east of the 210 Freeway. MLC Holdings, Inc. representatives contacted City staff and sought input regarding the City's recreational needs in the early stages of project planning. Through several meetings, staff provided MLC Holdings, Inc. with a list of desired amenities to meet the high demand for sports fields within the city. The project proposes incorporating additional parking to support the previously approved Bergamot Park development, to support active sports fields, recreational facilities, and a passive nature area.
The Sports Park is currently being designed as part of the Live Oak Community in District 2, northwest of Citrus Valley High School, and includes 72 spaces. The redesign and extension would result in approximately 84 additional parking spaces for a total of approximately 156 spaces (including 8 ADA spaces).
Providing these additional spaces would allow the Sports Park to accommodate Junior All-American Football as well as a greater number of soccer teams, while reducing the number of vehicles parked on neighboring streets. This revised design would be proposed as part of the Final Map and would involve reconfiguration of the stormwater basin, relocation of two homes to the southern portion of the subdivision, redesigning the parking lot at the Sports Park to create a direct vehicular connection to Lot F, and the extension of a two-way drive aisle with angled parking spaces into Lot F from the Sports Park to Pioneer Avenue as illustrated in Attachment A. The Santa Ana River Trail would remain and would run adjacent to the parking lot along the westerly property line of the Redlands Regular Meeting of 03-05-2024 952 of 967
and would run adjacent to the parking lot along the westerly property line of the property. Trees in tree wells and lighting would be provided between the trail and the parking area, providing pedestrian and bicycle access to the park. The 8-foot sound wall separating new homes from Lot F will also remain and the slope between the pavement and the wall will be landscaped to soften the visual appearance of the wall. A driveway will be provided to the City’s well site to ensure continued access. These revisions would be considered in substantial conformance with the approved Tentative Tract Map and provide the following:
Parking
Linear Park
Staging Area
Public Trail
Project Costs/Park Fee Credits
The developer would typically pay the City a Park and Open Space Impact Fee of $3,959.94 per single-family dwelling unit at the time of issuance of a single-family house building permit. Thus, with 117 single-family dwelling units, the project is required to pay a total of $463,312.98 in park fees. These fees would be placed into an account and held for later use by the City towards unspecified park expansion or improvements if credit is not issued. The developer's estimated cost of the park improvements, less the land value, is $661,227.00. The proposed Park Improvement and Dedication Agreement between the developer and the City would include waiving the development impact fees, which are less than the proposed park improvements.
By dedicating the parkland to the city and foregoing impact fees, the developer contributes a substantial value of $463,312.98 towards park development. This not only aligns with responsible urban planning but also facilitates a collaborative approach to enhancing the city's recreational spaces. Furthermore, the estimated cost of the park improvements, totaling $661,227.00, outweighs the impact fees, offering a clear fiscal advantage. This strategic arrangement fosters a win-win scenario, wherein the city gains valuable parkland and improvements, while the developer efficiently allocates resources for a mutually beneficial outcome.
If this resolution is approved, the applicant will seek approval for a revision to its approved tentative map to incorporate the new parking area. The City's review of the amendment to the tentative map will also include the applicable environmental review in accordance with CEQA. The adoption of Resolution No. 8560 is not subject to the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) because the activity only involves the possible future acceptance of fee title of real property associated with a development project which will undergo comprehensive environmental review before approval and before there is any action taken by the City with respect to the matter addressed in this report, and will not result in direct or reasonably foreseeable indirect physical change in the environment. The Redlands Regular Meeting of 03-05-2024 953 of 967
associated development project is subject to separate, future environmental review in accordance with CEQA.
ALTERNATIVES:
City Council could choose to accept the development impact fees required for this project in lieu of accepting the 1.66 acres of parkland and improvements.
STRATEGIC PLAN:
Focus Area C - Infrastructure
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Brian Desatnik, Development Services Director
PREPARED BY:
Salomon Abdel-Aziz, Management Analyst
Fiscal Impact
Fiscal Year: FY 2023-24
Revenue Generating: No
Appropriation Required Y/N: N
Budgeted Y/N: N
Discussion:
In accordance with the provisions of Resolution No. 8109, the $463,312.98 in development impact fees will be collected and placed into a deposit account.
Upon successful completion of the project and with City acceptance, $463,312.98 will be reimbursed from the deposit account.
Redlands Regular Meeting of 03-05-2024 954 of 967
Attachments
TTM No. 20528
Cost Estimate
Ordinance 2912
Resolution 8109
Resolution 8560 Park Dedication Acceptance TTM No. 20528 Redlands Regular Meeting of 03-05-2024 955 of 967
Redlands Regular Meeting of 03-05-2024 956 of 967
LAND DEVELOPMENT BUDGET
Meritage Homes:
Prepared by: LD Earthwork Services LLC
Date: November 14th, 2023
Plan Set Title:
Plan Date:
Design Firm:
Municipality:
Lot F Acres:
Parking Lot Unit Quantity Price/Unit Total
3" AC over 6" Aggregate Base (Base Pave) SF 47,595 2.85 $ 135,646 $ Cap Paving SF 47,595 0.85 $ 135,646 $
Construct 6" Curb Only LF 3,105 25.00 $ 77,625 $
Construct Mow Curb LF 1,165 22.00 $ 25,630 $
Subgrade Prep - Curb and Gutter SF 3,105 2.50 $ 7,763 $ Sidewalk - W=10' SF 10,790 9.00 $ 97,110 $
Construct Commercial Drive Approach SF 1,411 6.75 $ 9,524 $ Paseo Landscape & Irrigation SF 17,485 6.00 $ 104,910 $ 24" Box Trees EA 39 425.00 $ 16,575 $
Trash Receptacle & Pet Waste Station EA 2 500.00 $ 1,000 $ Drainage (Allowance) LS 1 15,000.00 $ 15,000 $
Site Lighting (Assumed Bollards) EA 15 2,250.00 $ 33,750 $ Landscape Maintenance - Assumes 6 months SF 17,485 0.06 $ 1,049 $ Total $ 661,227
BGB Design Group
Redlands
TBD
Exhibit B: Cost Estimate
Pioneer - City Parking Lot
Southern California
Tentative Tract Map No. 20528 Pioneer / Bergamot Parking L November 9, 2023
Redlands Regular Meeting of 03-05-2024 957 of 967
ORDINANCE NO 2912
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 3. 32
OF THE REDLANDS MUNICIPAL CODE RELATING TO OPEN SPACE AND
PARK FEES
WHEREAS,
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS Section 1. Chapter 3. 32, titled ' Open Space and Park Fees, is hereby amended to the Redlands Municipal Code to read as follows:
CHAPTER 3. 32
OPEN SPACE AND PARK FEES
SECTION
3. 32. 010: Purpose
3. 32. 020: Definitions
3. 32. 030: Compliance with Chapter
3. 32. 040: Fee Imposition
3. 32. 050: Determination and Payment
3. 32. 060: Adjustment of Fee
3. 32. 010• PURPOSE.
It is the purpose and intent of this chapter to implement the Redlands general plan to ensure that open space lands and active and passive parks are made available to the public concurrent with the need for such lands and parks caused by new development within the city The fees established pursuant to this chapter shall be imposed as a condition ofapproval ofnew residential, commercial, and office and industrial development to pay for the costs incurred by the city for acquiring, developing, improving and expanding open space areas, scenic drives, parks, playgrounds and recreational facilities to meet the increased needs for those facilities resulting from the effects of new development.
3. 32. 020• DEFINITIONS
The definitions set forth in this section govern the construction of this chapter 1 L\ OrdinancesWos 2900- 2999 in Word\ 2912 Amending Chapter 3. 32 Open Spa id Park Fe Legislative 6. 23. 20. docn Redlands Regular Meeting of 03-05-2024 958 of 967
become due and payable to the city at the time of issuance of a building permit for a single- family residence, mobile home space, multi -family unit, or commercial, office or industrial development.
3. 32. 060• ADJUSTMENT OF FEE.
On July 1 of each fiscal year, the city's finance director, in coordination with the city' s Facilities and Community Services Director, shall make annual adjustments to the specific amounts of open space and parks fees adopted by resolution of the city council by a percentage equal to the percentage change in the construction cost index of the ' Engineering News -Record' twenty ( 20) cities annual average for the preceding twelve ( 12) month period. The purpose of this adjustment is to offset the effects of inflation related construction cost increases or any deflation related decreases. If this index should cease publication, the finance director shall use any appropriate official index published by the bureau of labor statistics, or similar agency as may then exist or may then be most nearly equivalent thereto. Land costs shall also be evaluated annually and adjusted as necessary based on the current market conditions at the time.
Section 2. That the City Council hereby finds and determines that the adoption ofthis ordinance is exempt from review under the California Environmental Quality Act (" CEQA') pursuant to section 15061( b)( 3) ofthe State Guidelines implementing CEQA.
Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City and thereafter, this ordinance shall take effect as provided by law
ATTEST
e Donaldson, City Clerk
gte4 gr
Paul W Foster, Mayor
3 I:\ Ordinal s\ Nos 2900- 2999 in Word \2912 Amending Chapter 3. 32 Open Space and Park Fees Legislative 6.23. 20. docx Redlands Regular Meeting of 03-05-2024 959 of 967
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 21st day of July 2020, by the following vote:
AYES. Councilmembers Tejeda, Momberger, Davis; Mayor Foster NOES. None
ABSENT Councilmember Barich
ABSTAINED. None
11111 '. art1 A` gioe./
e 6 Donaldson, City Clerk
4 I:\Ordi lances\ Nos 2900-2999 Word\2912 Arne idi ig Chapter 3. 32 Open Space and Park Fees Legislative 6 23.20. doc Redlands Regular Meeting of 03-05-2024 960 of 967
RESOLUTION NO 8109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ESTABLISHING A POLICY AND PROCEDURE FOR CONSIDERATION OF
VOLUNTARY OFFERS OF DEDICATION OF OPEN SPACE AND PARK
LANDS ASSOCIATED WITH DEVELOPMENT PROJECTS
WHEREAS, the purpose ofthis resolution is to establish a policy and process whereby the City Council will consider voluntary offers of dedication ofopen space or park lands by applicants for development projects, and
WHEREAS, this City Council recognizes that acceptance ofvoluntary dedications of open space and park lands by apphcants for development projects may be beneficial for the City, when such dedications satisfy a City -identified community and/ or recreational need, and WHEREAS, this City Council further acknowledges that the City' s acceptance ofvoluntary open space and park land dedications requires the subsequent commitment of additional City resources to maintain and administer such lands, therefore necessitating the careful consideration of anticipated costs and benefits, and
WHEREAS, m connection with such voluntary dedications of open space and park lands, the apphcant may request a credited amount of funds towards development impact fees owed which, if such funds are credited, could have otherwise been used to construct other pubhc parks and amenities with the City, and
WHEREAS, this pohcy will estabhsh uniform criteria and procedures to guide apphcants for development project regarding the City Council' s consideration of such voluntary offers of dedications,
NOW, THEREFORE, be it resolved by the City Council ofthe City of Redlands as follows Section 1 It is the pohcy of this City Council that open space and park lands proposed within development projects, and parkways and interior landscaped areas, remain private, and be maintained by the private sector
Section 2 The City has no obhgation to accept any voluntary dedication ofopen space or park lands The City may, in its sole discretion and for any reason, or no reason, decline any voluntary offer of dedication
Section 3 When voluntary dedications oflands are offered to the City, the applicant shall demonstrate that the lands, and any associated improvements, will satisfy an existing community and/ or recreational need of the City, and are consistent with Chapter 7 2 of the City of Redlands General Plan, titled, " Parks and Recreational Open Space policies " In addition, the following design guidelines when considering making voluntary offers dedications 1 Redlands I 1Resolutions\ Regular Res 8100 Meeting 8199\of 8109 03-05-2024 Park Dedication. doc 961 of 967 A Open space areas and park lands should abut the exterior boundary ofthe development project, formed by a street with a minimum designation of "collector " B Open space areas and park lands should include active recreational amenities, such as sports courts, playground facilities, sports fields, covered picnic areas, recreational trails and pubhc restroom facihties The provision of sports field lighting is encouraged C Open space and park land amenities included in the development project and offered for voluntary dedication must be in substantial conformance with similar improvements owned and operated by the City
D Apphcants for development project may request a credit ofthe open space and parks fee associated with a proposed dedication of open space or park land However, such request is limited to the following
i) Any fee credit allowed shall not exceed the amount ofthe open space and parks fees otherwise paid for the project
n) The amount of the credit is negotiable, and shall be evidenced by written documentation Such documentation may include, but is not limited to, a construction estimate provided by a hcensed engineer, vendor price quotes, and land value appraisals by a hcensed appraiser
m) The open space and park fees shall be paid prior to any acceptance ofthe dedication, and shall not be credited until after such dedication occurs and any associated improvements are accepted by the City
Section 4.
A Any apphcant making a voluntary offer of dedication associated with a development project shall submit such offer concurrent with the submittal of the apphcation for a development project City staff may estabhsh submittal requirements to meet the requirements of this resolution B Prior to a development apphcation being deemed complete in accordance with Government Code section 65920, the voluntary offer of dedication of open space or park lands will be considered by the City Council The City will review such request in conformance with the tune limits imposed by the Permit Streamlining Act ( Government Code section 65920 et seq ), the California Environmental Quahty Act (CEQA) ( Pubhc Resources Code section 21000 et seq ), and all apphcable law
C The applicant must demonstrate that the improvements in the open space area proposed to be dedicated meet an existing recreational need of the City D The Parks and Recreation Advisory Commission shall make a recommendation to the City Council on the request to dedicate, prior to the City Council consideration ofthe request 2 Redlands I 1Resolutions\ Regular Res 8100 8199/ Meeting of 8109 03-05-2024 Park Dedication. doc 962 of 967 E Staff will prepare and present to the City Council a report with a comparative analysis of the value of the unproved coirunon open space as compared to the open space and park fees otherwise received, and the estimated on -going mamtenance cost ofthe open space This report will be paid for by the applicant
F After considering the applicant' s request, the City Council may approve or deny the request to dedicate the open space area or park lands Ifthe request is approved, the City Council may also make a determination on any request for a credit towards open space and park fees G After the City Council considers the request, the application shall be revised, if necessary, to reflect the determination made by the City Council H Ifthe request to dedicate open space or park lands is approved, the apphcant shall pay the applicable open space and park fees in accordance with the Redlands Municipal Code prior to final map recordation Ifthe City Council determines that a credit should be issued, such credit will be issued at the tune of acceptance ofthe coirunon open space by the City Section 5 Effective Date This Resolution shall become effective upon the effective date of Ordinance No 2912
ADOPTED, SIGNED AND APPROVED this 7`h
day of July, 2020
ATTEST
Donaldson, City Clerk
6-30a116
Paul W Foster, Mayor
3 Redlands 1 \ Resolutions\ Regular Res 8100 Meeting 8199\of 8109 03-05-2024 Part. Dedicauon. doc 963 of 967 I, Jeanne Donaldson, City Clerk ofthe City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular Ineetmg thereofheld on the 7th day ofJuly, 2020 AYES Councilinembers Barich, Tejeda, Mornberger, Davis, Mayor Foster NOES None
ABSTAIN None
ABSENT None
Donaldson, City Clerk
4 Redlands I \ Resolutions\ Regular Res 8100 Meeting 8199\of 8109 03-05-2024 Park Dedication. doc 964 of 967 1 I:\cmo\Resolutions\8560 Park Dedication Acceptance TTM 20528.docx-ms RESOLUTION NO. 8560
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING THE ACCEPTANCE OF THE PROPOSED DEDICATION OF IMPROVED PARKLANDS WITHIN TENTATIVE TRACT MAP NO. 20528 WHEREAS, the Project proposes to include improved parklands consisting of incorporating additional parking to support the previously approved Bergamot Park development, to support active sports fields, recreational facilities, and a passive nature area The redesign and extension would result in approximately 84 additional parking spaces for a total of approximately 156 spaces (including 8 ADA spaces); and WHEREAS, the Applicant proposes to convey fee title to lot “A” to the City, consisting of approximately 1.66 acres of improved parklands, in lieu of paying park and open space development impact fees; and
WHEREAS, this City Council approved Resolution No. 8109 establishing policies and procedures for the voluntary dedication of park and open space lands associated with development projects within the City; and
WHEREAS, the Project is subject to park and open space development impact fees in the amount of four hundred and sixty three thousand three hundred and twelve dollars and ninety eight cents ($463,312.98); and
WHEREAS, the unincorporated parklands, and the improvements and land have an appraised median value of eight million one hundred twenty thousand dollars ($661,227.00); and
WHEREAS, on December 14, 2023, the Parks and Recreation Advisory Commission recommended that the City Council accept the dedication of the proposed parklands and improvements as represented in Tentative Tract Map No. 20528, and issue a credit for park and open space development impact fees after such dedication occurs, after any associated improvements are constructed and accepted by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. The City Council finds that acceptance of the proposed parklands and improvements will address substantial recreational needs of the City and that value of the land and improvements exceed the dollar amount of park and open space development impact fees that would have otherwise been collected for the Project.
Section 2. The City Council approves that the park and open space development impact fees in the amount of four hundred and sixty-three thousand three hundred and twelve dollars and ninety-eight cents ($463,312.98) be credited to the Applicant upon satisfaction of the following requirements:
Redlands Regular Meeting of 03-05-2024 965 of 967
2 I:\cmo\Resolutions\8560 Park Dedication Acceptance TTM 20528.docx-ms 1) Conveyance of fee title interest in the subject property and improvements; 2) Construction of all improvements;
3) Acceptance of the property and improvements upon confirmation that such improvements have been constructed in accordance with the conditions of approval.
Section 3. The City Council hereby finds and determines that the adoption of this Resolution is not subject to CEQA in accordance with Section 15061(b)(3) because the activity only involves the future acceptance of fee title of real property and will not result in direct or reasonably foreseeable indirect physical change in the environment. The associated development project is subject to separate, future environmental review in accordance with CEQA.
ADOPTED, SIGNED AND APPROVED this 5
th day of March, 2024.
Eddie Tejeda, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 966 of 967
3 I:\cmo\Resolutions\8560 Park Dedication Acceptance TTM 20528.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 5 th day
of March 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 03-05-2024 967 of 967