HomeMy WebLinkAbout06-11 - Resolutions RESOLUTION NO. 06-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE TRACT
MAP SUBTT17745, A SUBDIVISION CONVERTING 60 EXISTING
RESIDENTIAL RENTAL UNITS INTO 60 CONDOMINIUMS ON 16 LOTS
ON 5.72 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT
(8-14 DWELLING UNITS PER ACRE), LOCATED AT 9866 THROUGH 9940
HIGHLAND AVENUE -APN: 0201-395-01 THROUGH -15; AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Jasen Grohs filed an application forthe approval of Tentative Tract Map SUBTT17745,
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 February 2006, 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 February 22, 2006, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the property located at 9866— 9940 Highland Avenue,
with a street frontage of 155 feet and lot depth of 1,600 feet, and is presently improved with 60
residential rental units; and
b. The property to the north of the subject site is single-family residential and vacant
land, the property to the south consists of the 1-210 Freeway, the property to the east is a church,
and the property to the west is single-family residential; and
C. The conversion of the existing rental units to condominiums will not result in any
significant proposed exterior changes; and
d. All parking and circulation requirements are met; and
e. The project and required physical elements report, building history report, and other
testing and survey reports have been reviewed by City departments and found to be in compliance
with the property development standards of the Development Code. To wit the following reports,
PLANNING COMMISSION RESOLUTION NO. 06-11
SUBTT17745 —JASEN GROHS
February 22, 2006
Page 2
test and surveys were prepared and reviewed, and copies of which are on file with the City of
Rancho Cucamonga Planning Department: Energy Efficiency Regulations (Title 24) Report by
Perfect Design & Engineering Inc.; Acoustical Control and Sound Transmission Report by Gordon
Bricken &Associates; Structural Pest Control Report by Eastern Pest Control &Termite; Property
Condition report by Land America Assessment Corporation; and
f. No new buildings or exterior modifications are proposed. Consequently, the only
plan needing review is the proposed Tentative Tract Map; and
g. All noticing requirements for condominium conversions in the Subdivision Map Act
have been fulfilled. On July 1, 2005, the existing renters were notified by the owner, via certified
mail, and given an opportunity to purchase their unit; and
h. The proposed subdivision would convert 60 units; therefore, the proposed
subdivision would not displace substantial numbers of the existing housing or residents
necessitating the construction of replacement housing elsewhere.
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 is consistent with the General Plan, Development Code, and
any applicable specific plans; and
b. The design or improvements of the tentative tract is consistent with the General
Plan, Development Code, and any applicable specific plans; and
C. The site is physically suitable for the type of development proposed; and
d. The design of the subdivision is not likely to cause substantial environmental
damage and avoidable injury to humans and wildlife or their habitat; and
e. The tentative tract is not likely to cause serious public health problems; and
f. The design of the tentative tract will not conflict with any easement acquired by the
public at large, now of record, for access through or use of the property within the proposed
subdivision; and
g. The proposal is compatible with the objective, policies, elements, and program
specified in the General Plan; and
h. The design or improvement of the project is consistent with applicable General
Plan; and
i. The proposal is consistent with the purposes of Rancho Cucamonga Municipal
Code, Title 17 Development Code, Chapter 17.22; and
j. The proposal promotes the health, safety, and welfare of the residents of the City.
PLANNING COMMISSION RESOLUTION NO. 06-11
SUBTT17745 — JASEN GROHS
February 22, 2006
Page 3
4. Based upon the facts and information contained in the proposed Negative Declaration,
together with all written and oral reports included for the environmental assessment for the
application, the Planning Commission finds that there is no substantial evidence that the projectwill
have a significant effect upon the environment and adopts a Negative Declaration and Monitoring
Program attached hereto, and incorporated herein by this reference, based upon the findings as
follows:
a. That the Negative Declaration has been prepared in compliance with the California
Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated
thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the
independent judgment of the Planning Commission; and,further,this Commission has reviewed and
considered the information contained in said Negative Declaration with regard to the application.
b. That, based upon the changes and alterations which have been incorporated into
the proposed project, no significant adverse environmental effects will occur.
C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of
Regulations, the Planning Commission finds as follows: In considering the record as a whole, the
Initial Study and Negative Declaration for the project,there is no evidence that the proposed project
will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife
depends. Further, based upon the substantial evidence contained in the Negative Declaration,the
staff reports and exhibits, and the information provided to the Planning Commission during the
public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set
forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations.
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 in the
Standard Conditions, attached hereto and incorporated herein by this reference.
Planning:
1) Tenant's right to purchase. As provided in Government Code Section
66427.1(b), any present tenant or tenants of any unit shall be given a
nontransferable right of first refusal to purchase the unit occupied at a
price no greater than the price offered to the general public. The right
of first refusal shall extend for at least 60 days from the date of
issuance of the subdivision public report or commencement of sales,
whichever date is later.
2) Vacation of units. Each non-purchasing tenant, not in default under the
obligations of the rental agreement or lease under which he occupies
his unit, shall have not less than 120 days from the date of receipt of
notification from the owner of his intent to convert or from the filing date
of the final subdivision map, whichever date is later, to find substitute
housing and to relocate.
3) Illuminated addresses and, if found necessary by the Planning
Commission, directory maps for all units shall be prominently displayed
from appropriate public or private access within or adjacent to the
project.
PLANNING COMMISSION RESOLUTION NO. 06-11
SUBTT17745 — JASEN GROHS
February 22, 2006
Page 4
4) The applicant shall provide written certification to the buyer of each unit
on the initial sale after conversion that any dishwashers, garbage
disposals, stoves, refrigerators, hot water tanks, and air conditioners
that are provided are in working condition as of the close of escrow. At
such time as the homeowners' association takes over management of
the development, the applicant shall provide written certification to the
association that any pool and pool equipment and any appliances and
mechanical equipment to be owned in common by the association is in
working condition.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF FEBRUARY 2006.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: ���
Pam St art, Chairman
ATTEST:
Dan Coleman, Acting Secretary
I, Dan Coleman, Acting 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 February 2006, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: TENTATIVE TRACT MAP SUBTT17745
SUBJECT: CONDOMINIUM CONVERSION OF 60 RESIDENTIAL UNITS
APPLICANT: JASEN GROHS
LOCATION: 9866- 9940 HIGHLAND AVENUE
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (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 or tentative parcel 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 Department, the conditions contained herein, and 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.
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Project No.SUBTT17745
Completion Date
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
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for City Planner review and approval prior to the issuance of building permits.
5. 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.
6. 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.
7. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Departments and the City Attorney. They shall be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shall be
provided to the City Engineer. The Homeowners' Association shall submit to the Planning
Department a list of the name and address of their officers on or before January 1 of each and
every year and whenever said information changes.
8. 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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SEE ATTACHED
APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SEE ATTACHED
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inRancho Cucamonga Community Development
Building & Safety
STANDARD CONDITIONS
October 26, 2005
G-Apex LLC.
9866 Highland Ave
Multifamily Condominium Conversion
SUBTT17745
Building& Safety has reviewed your plans submitted for a Tentative Tract Review for condominium
purposes. This project review was based on the plans submitted which reflect an occupancy type R-1/V-1,
construction type V-N or V-1 hour, with the total square footage unknown.
Please comply with the following Standard Conditions.
Plans and specifications in accordance The Rancho Cucamonga Development Code Standards section
17.22.040 must be submitted to the B&S Division for review of the following issues:
a. T-24 Energy Regulations calculations and proposed alterations.
b. Sound control study and proposed alterations.
c. California Housing Accessibility analysis for compliance proposed changes.
d. Electrical changes regarding smoke detectors upgrades, electrical meters and shutoff specifics.
e. Plumbing changes such as water and gas shut-off.
f Illuminated addresses and directory proposals.
g. Storage space specifics.
h. Laundry facilities locations
i. CC&RS with reciprocal agreements for Fire District Access and Fire Protection water supply.
All submittals to Building and Safety must include (5) sets of plans and (2) sets of specifications or
calculations. The specifics of the buildings on this project, such as occupancy, square footage, height, number
of stories and type of construction were not found on the plans. Building& Safety requires this information
to provide the applicant with a complete review and applicable comments. Please provide the necessary
building data on your submittal to Building& Safety for the proposed condominium conversion. A
Registered Architect must sign & stamp all the plans.
Page 1 of 1
Rancho Cucamonga Fire Protection District
Fire Construction Services
STANDARD CONDITIONS
October 26, 2005
G-Apex LLC.
9866 Highland Ave.
Multifamily Condominium Conversion
SUBTT17745
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT.
FSC-1 Public and Private Water Supply (Existing must be maintained)
FSC-2 Fire Flow (Existing must be maintained)
FSC-4 Requirement for an Automatic Fire Sprinkler Systems (Existing must be maintained)
FSC-5 Fire Alarm System (Existing must be maintained)
FSC-6 Fire District Site Access (Existing must be maintained as shown below)
Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive
aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access—Fire Lanes Standard
#9-7.
1. Location of Access: All portions of the structures I" story exterior wall shall be located within 150-feet of
Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped
areas, unpaved changes in elevation, gates and fences are deemed obstructions.
2. Specifications for private Fire District access roadways per the RCFPD Standards are:
a. The minimum unobstructed width is 26-feet.
b. The maximum inside tum radius shall be 20-feet.
c. The minimum outside turn radius shall be 46-feet.
d. The minimum radius for cul-de-sacs is 45-feet.
e. The minimum vertical clearance is 14-feet, 6-inches.
f At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side.
g. The angle of departure and approach shall not exceed 9-degrees or 20 percent.
h. The maximum grade of the driving surface shall not exceed 12%.
i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW).
j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-
inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus.
3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in
accordance with the 2001 California Building Code, Fire and/or any other applicable standards.
4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to
all required building exterior openings.
a.
5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD
Residential Gate Standard #9-1. The following design requirements apply:
b. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire
Construction Services (FCS) for approval. Upon the completion of the installation and before placing
the gates in service, inspection and final acceptance must be requested from FCS.
c. Gates must slide open horizontally or swing inward.
d. Gates may be motorized or manual.
e. When fully open, the minimum clearance dimension of drive access shall be 20 feet.
f Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20.00.
g. Motorized gates must open at the rate of one-foot per second.
h. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-
safe or battery backup feature to open the gate or release the locking Mechanism in case of power
failure or mechanical malfunction.
i. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed
outside the gate in a visible and unobstructed location.
j. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. If
traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be
approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due
to complexity of the various entry configurations.
6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating
the proposed delineation that meets the minimum Fire District standards shall be included in the
architectural plans submitted to B&S for approval.
FSC-10 Occupancy and Hazard Control Permits
Listed are those Fire Code permits commonly associated with the business operations and/or building
construction. Plan check submittal is required with the permit application for approval of the permit; field
inspection is required prior to permit issuance. General Use Permit shall be required for any activity or
operation not specifically described below, which in the judgment of the Fire Chief is likely to produce
conditions that may be hazardous to life or property.
Compressed Gases Public Assembly
Flammable and Combustible Liquids Hazardous Materials
Tents, Canopies and/or Air Supported Structures Liquefied Petroleum Gases
FSC-12 Hazardous Materials - Submittal to Fire Construction Services
Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment
designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire,
Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD 15 and FD39 and other implemented and/or
adopted standards.
FSC-13 Alternate Method Application
Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when
submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along
with supporting documents and payment of the $92 review fee.
FCS-14 Map Recordation
RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on
this project. The project appears to be located on a property that is being subdivided. A reciprocal agreement is
required to be recorded between property owners.
Reciprocal access agreement—Please provide a permanent access agreement between the owners granting
irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property.
The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be
placed within the dedicated access, without Fire Department approval. The agreement shall have provisions
for emergency situations and the assessing of cost recovery to the property by the fire District.
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Reciprocal water covenant—Please provide a permanent maintenance and service covenant between the
owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of
accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems
facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost
recovery to the property by the fire District.
The agreement shall be recorded with the County of San Bernardino Recorders Office. The Fire
Construction Services Unit shall approve the agreement prior to recordation. The recorded agreement shall
include a copy of the site plan. The agreement shall be recorded with the County of San Bernardino,
Recorders Office. The Fire Construction Services Unit shall approve the agreement, prior to recordation
FCS-16 Posting of Addresses
The address of the units, the designation of the buildings, the site address monument and the site directory must
be posted as dictated by the fire inspector.
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- City of Rancho Cucamonga
NEGATIVE DECLARATION
The following Negative Declaration is being circulated for public review in accordance with the
California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code.
Project File No.: Tentative Tract Map SUBTT17745
Public Review Period Closes: February 22, 2006
Project Name: Project Applicant: Jasen Grohs
Project Location (also see attached map): Located at 9866 through 9940 Highland Avenue.
APN: 0201-395-01 thru 15.
Project Description: Tract map to convert 60 existing residential apartment units to 60 residential
condominiums on 5.72 acres of land in the Medium Residential District (8-14 dwelling units per
acre).
FINDING
This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an
Initial Study to determine if the project may have a significant effect on the environment and is
proposing this Negative Declaration based upon the following finding:
The Initial Study indicates that there is no substantial evidence that the project may have a
significant effect on the environment.
If adopted, the Negative Declaration means that an Environmental Impact Report will not be
required. The factual and analytical basis for this finding is included in the attached Initial Study.
The project file and all related documents are available for review at the City of Rancho
Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-
2847.
NOTICE
The public is invited to comment on the proposed Negative Declaration during the review period.
February 22, 2006
Date of Determination dopt y