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HomeMy WebLinkAbout04-74 - Resolutions RESOLUTION NO. 04-74 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. DRC2004-00454, A REQUEST TO INSTALL AN OFF-SITE TEMPORARY LEASING OFFICE TRAILER FOR THE HOMECOMING PROJECT, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND MALAGA DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-151-49. A. Recitals. 1. Lewis Companies filed an application for the issuance of Conditional Use Permit No. DRC2004-00454, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 9th day of June 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW,THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on June 9, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southwest comer of Church Street and Malaga Drive and is presently undeveloped, and b. The property to the north is the Homecoming apartment project under construction, the property to the south is a developed commercial center, the property to the east contains single- family homes, and the property to the west is undeveloped, and c. The proposed leasing trailer is compatible to the surrounding uses, and d. The site has sufficient access as Church Street is a special secondary street, and e. The application proposes a temporary leasing trailer for the Homecoming apartment project that is under construction. The trailer will be removed upon completion of the leasing office in Phase I of the Homecoming project. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: PLANNING COMMISSION RESOLUTION NO. 04-74 DRC2004-00454— LEWIS COMPANIES June 9, 2004 Page 2 a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located, and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, and C. The proposed use complies with each of the applicable provisions of the Development Code. 4. Said project is considered to be Categorically Exempt per Section 15301 Class 1 of the California Environmental Quality Act. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) The leasing office trailer is approved on a temporary basis only until completion of the permanent leasing office within the Homecoming project (Tract 16157). The trailer shall be removed, and the site restored to its original condition, within 30 days after final occupancy release of the permanent leasing office within the Homecoming project (Tract 16157). 2) No customers of this temporary leasing office shall be allowed to visit or otherwise go onto the Homecoming project(Tract 16157) project site at any time until after final occupancy release of the permanent leasing office. Signs shall be conspicuously posted accordingly in minimum 1- inch high lettering. The applicant shall be responsible for enforcing this condition. 3) Temporary landscaping shall be placed along the front of the trailer, including in front of the handicap accessible ramp. 4) Flags, pennants, off-site advertising, or additional on-site advertising shall conform to the Rancho Cucamonga Municipal Code, Chapter 14.04 Signs. 5) All fences proposed in conjunction with the sales trailer shall be located outside the public right-of-way. 6) This leasing office shall not be moved to a new location, without prior City approval of a new Temporary Use Permit for Model Homes Sales Office, along with associated fees for such. 7) Said temporary use is to only for transactions involving the sale, rent or lease of lots and/or structures within the Homecoming project (Tract 16157). PLANNING COMMISSION RESOLUTION NO. 04-74 DRC2004-00454— LEWIS COMPANIES June 9, 2004 Page 3 Building and Safety 1) The mobile structure must be state Certified American Disabilities Act (ADA) accessible with the adequate amount of ADA approved bathroom facilities. 2) ADA accessibility from the required parking stalls to the mobile structure must be provided. Such as ramps, decks or repaving the parking lot. Engineering Division 1) Existing improvements shall be protected in place. 2) If the temporary approach is to remain through the winter rains, applicant shall submit a drainage study discussing the impacts of the ramp and drain pipe in the existing gutter. 3) Prior to any work being performed in the public right-of-way, fees shall be paid, a $10,000 restoration deposit shall be submitted and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. Fire Protection District 1) Submit plans to Building and Safety Department for plan check and building permit issuance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JUNE 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Larry T. cNiel, Vice Chairman ATTEST: rad Bulle etary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of June 2004, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 04-74 DRC2004-00454— LEWIS COMPANIES June 9, 2004 Page 4 AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS COMMUNITY DEVELOPMENT DEPARTMENT 911 STANDARD CONDITIONS PROJECT#: DRC2004-00454 SUBJECT: Leasing Trailer APPLICANT: Lewis Companies LOCATION: SWC of Church Street and Malaga Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION,(909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents,officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion,participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 04-74, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 120 days from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Division, the conditions contained herein and the Development Code regulations. SC-1-04 1 i:\planningNfinal\pingcomm\drc2004-00454cond.doe Project No.DRC2004-00454 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 5. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. D. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. E. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,(909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) F. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Anchoring Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets,detached)including the size of the main switch, number and size of service entrance conductors; f. Sewer Plans, underground diagrams, water and waste diagram, sewer or septic system location,fixture units, gas piping, and heating and air conditioning; and • g. Planning Division Project Number(i.e., DRC2004-00454)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, for anchoring of the mobile structure. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. SC-1-04 2 i:\planning\final\pingcomm\drc2004-00454cond.doe Project No.DRC2004-00454 completion Date 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing, decks, ramps and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. G. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(i.e.,DRC2004-00454). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee,Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-1-04 3 i:\planning\final\pingcomm\drc2004-00454cond.doc