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HomeMy WebLinkAbout05-43 - Resolutions RESOLUTION NO. 05-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING TENTATIVE TRACT MAP SUBTT17424, A SUBDIVISION FOR CONDOMINIUM PURPOSES RELATED TO 414 MULTI-FAMILY UNITS ON 17.3 ACRES IN THE HAVEN OVERLAY DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0208-331-37. A. Recitals. 1. Hunsaker & Associates Irvine, Inc. filed an application for approval of Tentative Tract Map SUBTT17424, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 22nd day of June 2005, the Planning Commission held a duly advertised public hearing for the above-described map and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. 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 22, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The subject property is within the Haven Overlay District; and b. The subject site is under construction of multi-family apartment units and retail;and C. The application proposes to subdivide the site into 414 residential condominium units (including live work units); and d. The proposed subdivision would create 414 condominium ownership units consistent with the following goals and objectives of the General Plan Housing Element: i. To provide "a variety of housing types for economic segments wishing to reside in the community regardless of race, religion, sex, or income group." ii. "Allow and create opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units,and provide sufficient numbers of dwelling units to accommodate expected new household formations." iii. "Provide opportunities so that 30 percent of the persons employed in the City may live in the City." PLANNING COMMISSION RESOLUTION NO. 05-43 SUBTPM17424 — HUNSAKER & ASSOCIATES IRVINE, INC. June 22, 2005 Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the tentative tract map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. That the design or improvements of the tentative tract map is consistent with the General Plan, Development Code, and any applicable specific plans; and C. That the site is physically suitable for the type of development proposed; and d. That the design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. That the tentative tract map is not likely to cause serious public health problems; and f. That the design of the tentative tract map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. This action includes approval of an Addendum, pursuant to California Environmental Quality Act Guidelines Section 15164,to the previously adopted Mitigated Negative Declaration that was adopted by the City Council on July 18, 2001. The Mitigated Negative Declaration addressed issues for Air Quality, Traffic, Hazardous Materials and Noise for the subject site. The environmental assessment was circulated to the State Clearing House. There have been no significant environmental changes to the project site since the adoption of the aforementioned Mitigated Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) All pertinent conditions of approval of Planning Commission Resolution No. 01-83 for Development Review DRCDR00-79, Planning Commission Resolution No. 03-13 for Development Review DRC2002-00720, and Planning Commission Resolution No. 01-82 for Tentative Tract Map SUBTT16179 shall apply. Engineering Department 1) All pertinent conditions of approval of Planning Commission Resolution No. 01-82 approving Tentative Tract Map SUBTT16179 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 05-43 SUBTPM17424 — HUNSAKER & ASSOCIATES IRVINE, INC. June 22, 2005 Page 3 APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY C , Lar T cNiel, Vice Chairma ATTEST: .��` Brad cre ry 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 22nd day of June 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTT17424 SUBJECT: CONDOMINIUMS APPLICANT: HUNSAKER & ASSOCIATES IRVINE, INC. LOCATION: SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACTTHE 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. B. Time Limits 1. This tentative tract map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. 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. 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. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 1 Project No.SUBTT17424 Completion Date 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. Street names shall be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 6. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. D. Landscaping 1. For multi-family residential and non-residential development,property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition,and shall receive regular pruning,fertilizing,mowing, and trimming. Any damaged,dead,diseased,or decaying plant material shall be replaced within 30 days from the date of damage. 2. The final design of the perimeter parkways,walls,landscaping,and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. E. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. 2