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HomeMy WebLinkAbout07-40 - Resolutions RESOLUTION NO. 07-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE TRACT MAP SUBTT18485,A SUBDIVISION FOR CONDOMINIUM PURPOSES OF CONVERTING 236 UNITS INTO 236 RESIDENTIAL CONDOMINIUMS ON 11.1 ACRES OF LAND IN THE MIXED USE/RESIDENTIAL(SUBAREA18), LOCATED AT 11201 5TH STREET;AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0210-082-63. A. Recitals. 1. JP Morgan Real Estate Asset Management filed an application for the approval of Tentative Tract Map SUBTT18485, 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 27th day of June 2007, 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 27, 2007, 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 11201 5th Street on an irregular lot of 11.1 acres and is presently improved with 236 apartment units; and b. The property to the north of the subject site is residential,the property to the south is residential,the property to the east is residential, and the property to the west is a golf course; and C. The property is improved with an existing residential use from 2003. 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. The design or improvements of the Tentative Tract Map 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 PLANNING COMMISSION RESOLUTION NO. 07-40 SUBTT18485 - JP MORGAN REAL ESTATE ASSET MANAGEMENT June 27, 2007 Page 2 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 Map is not likely to cause serious public health problems;and f. 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. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 Existing Facilities because the buildings are existing and the use(residential)will not change. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 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) The project will be required to meet applicable Building and Fire Code requirements at the time of plan check. Engineering Department 1) The final Tentative Tract Map shall be processed for approval and shall be recorded prior to issuance of Building Permits. a) Plan check/processing fee will be determined at the time of plan check submittal. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JUNE 2007. PLANNING C ISSI71— rTHE CITY OF RANCHO CUCAMONGA BY: �'— � Pa ewart, Chairman ATTEST: R. "LA-) Ja es R. Troyer, AICP, Secrikary I,James R.Troyer, AICP, 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 27th day of June 2007, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 07-40 SUBTT18485 - JP MORGAN REAL ESTATE ASSET MANAGEMENT June 27, 2007 Page 3 AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: TENTATIVE TRACT MAP SUBTT18485 SUBJECT: TENTATIVE TRACT MAP FOR CONDOMINIUM CONVERSION APPLICANT: J.P. MORGAN REAL ESTATE ASSET MANAGEMENT LOCATION: 11201 5TH STREET-APN: 0210-082-63 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. 2. Copies of the signed Planning Commission Resolution of Approval No. 07-40, 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board of Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption -$50 X b) Notice of Determination - $50 c) Mitigated/Negative Declaration - $ 1,850 d) Environmental Impact Report'- $2,550 1 1APLANNINGTINAL\PLNGCOMM\2007 Res&Stf Rpt\SU6TT18485StdCond 6-27.doc Project No.SUBTT16485 Completion Date 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 Department,the conditions contained herein, Development Code regulations, and the General Dynamics Specific Plan. 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 Planning Director. 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 Planning Director 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. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 8. 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. 9. 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 Planning Director 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 I:\PLANNINGTINAL\PLNGCOMM\2007 Res&Stf Rpt\SUBTT18485StdCond 6-27.doc Project No.SUBTT18485 Completion Date APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 3 I:\PLANNINGTINAL\PLNGCOMM2007 Res&Stf Rpt\SUBTT18465StdCond 6-27.doc rrroe Rancho Cucamonga Fire Protection District f , Fire Construction Services STANDARD CONDITIONS February 26, 2007 Fairway Palms Apartments 11201 5th St. Residential Condo Conversion SUBTT18485 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 Automatic Fire Sprinkler Systems (if existing it must be maintained) FSC-5 Fire Alarm System (if 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 15` 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 turn 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. 1 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. 5. Residential gates if installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1. The following design requirements apply: a. 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. b. Gates must slide open horizontally or swing inward. C. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for$20.00. f. Motorized gates must open at the rate of one-foot per second. g. 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. h. 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. i. 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. 2 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 FD15 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. 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 3 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. 4