HomeMy WebLinkAbout13-19 - Resolutions RESOLUTION NO. 13-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT
DRC2013-00134, A REQUEST TO REMOVE 10 TREES IN ORDER TO
CONSTRUCT A 16,616 SQUARE FOOT ADDITION AND REALIGN A
DRIVEWAY RELATED TO DEVELOPMENT REVIEW DRC2013-00053 WITHIN
THE GENERAL INDUSTRIAL DISTRICT, LOCATED AT 9518 9TH STREET; AND
MAKING FINDINGS IN SUPPORT THEREOF—APN: 0209-021-05.
A. Recitals.
1. Thatcher Engineering & Associates, Inc., for Rancho Tech, LLC, filed an application for the
approval of Tree Removal Permit DRC2013-00134, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Development Review request is referred to as "the
application."
2. On the 10th day of April 2013, the Planning Commission of the City of Rancho Cucamonga
conducted a 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 April 10, 2013, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The 9.73-acre project site is located on the north side of 9th Street and west of
Archibald Avenue and is within the General Industrial (GI) Development District; and
b. The site is developed with a 76,405 square foot, two-story office/warehouse building
and a large parking lot. There are two parcels to the east which share parking with the project site and
are developed with three additional buildings; and
C. The site is bounded by a light industrial/office development to the north, south, east, and
west in the General Industrial Development District; and
d. The applicant proposes adding a 16,616 square foot, single-story addition to an existing
76,405 square foot two-story office/warehouse building in order to accommodate a future tenant; and
e. Included with the project is a request to remove 10 trees. The tree removals are
necessary in order to construct the addition and to relocate the drive aisle. A greater number of trees will
be replanted in the parking lot area and adjacent to the building thereby improving the built environment.
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. 13-19
DRC2013-00134 — RANCHO TECH, LLC
April 10, 2013
Page 2
a. The proposed project is consistent with the General Plan which permits office uses
within the General Industrial (GI) Development District; and
b. The proposed design or improvements are consistent with the Development Code in
that the project conforms with all related setback, height, parking, and design requirements; and
C. The site is physically suitable for the type of development proposed; and
d. The design of the project is not likely to cause substantial environmental damage and
avoidable injury to humans and wildlife or their habitat; and
e. The project is not likely to cause serious public health problems.
4. Based upon the facts and information contained in the application, together with all written
and oral reports included for the environmental assessment for the application, the Planning Commission
finds that no subsequent or supplemental environmental document is required pursuant to the California
Environmental Quality Act (CEQA) in connection with the review and approval of this application based
upon the following findings and determinations:
a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local
CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project.
Based on the findings contained in that Initial Study, City staff determined that, with the imposition of
mitigation measures, there would be no substantial evidence that the project would have a significant
effect on the environment. Based on that determination,.a Mitigated Negative Declaration was prepared.
Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the
Mitigated Negative Declaration.
b. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based on the whole record before
it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that,
based on the imposition of mitigation measures, there is no substantial evidence that the project will have
a significant effect on the environment. The Planning Commission further finds that the Mitigated
Negative Declaration reflects the independent judgment and analysis of the Planning Commission.
Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration.
C. The Planning Commission has also reviewed and considered the Mitigation Monitoring
Program for the project that has been prepared pursuant to the requirements of Public Resources Code
Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation
measures during project implementation. The Planning Commission therefore adopts the Mitigation
Monitoring Program for the project.
d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation
Monitoring Program and all other materials which constitute the record of proceedings upon which the
Planning Commission's decision is based is the Planning Manager of the City of Rancho Cucamonga. Those
documents are available for public review in the Planning Department of the City of Rancho Cucamonga
located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909)477-2750.
PLANNING COMMISSION RESOLUTION NO. 13-19
DRC2013-00134— RANCHO TECH, LLC
April 10, 2013
Page 3
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this
Commission hereby recommends to the City Council approval of 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) Approval is to remove 10 trees related to Development Review
DRC2013-00053 at 9518 9th Street - APN: 0209-021-05.
2) Approval is contingent on the Planning Commission approving Development
Review DRC2013-00053.
3) New trees shall be planted per the approved Landscape Plan.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF APRIL 2013.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
A,--BY:
Frances Howdys ell, Chairman
ATTEST:
Candy urnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission for 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 10th day of April 2013, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2013-00053 AND DRC2013-00134
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW AND TREE REMOVAL
SUBJECT: PERMIT
APPLICANT: RANCHO TECH, LLC
LOCATION: 9518 9TH STREET-APN: 0209-021-05
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. 13-18 or Approval Letter,
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 Supervisors and submitted to the Planning Commission Secretary prior to
the Planning Commission or Planning Director hearing:
a) Notice of Exemption -$50
b) Notice of Determination -$50
c) Mitigated Negative Declaration -$ 2,206.25 X
d) Environmental Impact Report-$3,045.25
Project No. DRC2013-00053&DRC2013-00134
Comoletion Date
B. Time Limits
1. Any approval shall expire if building permits are not issued or approved use has not commenced
within 5 years from the date of approval or a time extension has been granted.
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 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 Planning Director.
3. Occupancy of the facilities shall not commence until such time as all California 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
Services Department to show compliance. The buildings shall be inspected for compliance and
final acceptance granted 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, Specific Plans and/Oor Master
Plans in effect at the time of building permit issuance.
7. If no centralized trash receptacles are provided,all trash pick-up shall be for individual units with
all receptacles shielded from public view.
8. Trash receptacle(s)are required and shall meet City standards. The final design, locations, and
the number of trash receptacles shall be subject to Planning Director review and approval prior to
the issuance of building permits.
9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be
located out of public view and adequately screened through the use of a combination of concrete
or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For
single-family residential developments, transformers shall be placed in underground vaults.
D. Parking and Vehicular Access (indicate details on building plans)
1. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang(e.g.,over _/_/_
a curb stop).
2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet.
3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances,
and exits shall be striped per City standards.
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Project No.DRC2013-00053&DRC2013-00134
Completion Date
E. Landscaping
1. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking
stalls.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY SERVICES DEPARTMENT,(909)
477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
F. Building and Safety Industrial and Commercial Standard Conditions
1. Submit five complete sets of plans including the following:
a. Site/Plot Plan;
b. Foundation;
c. Floor Plan;
d. Ceiling and Roof Framing Plan);
e. Electrical Plans (2 sets, detached) including the size of main switch, number and size of
service entrance conductors, panel schedules, and single line diagrams;
f. Plumbing and Sewer Plans, including isometrics, 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., DRC2013-00053 and DRC2013-00134) clearly
identified on the outside of all plans.
2. Submit two sets of structural calculations, two sets of energy conservation calculations, and a
soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check
submittal.
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 and/or walls.
5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the
Building and Safety Services Department.
6. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can
contract the Building and Safety Services Department staff for information and submittal
requirements.
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., DRC DRC2013-00053 and DRC2013-00134). 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 Services Department for availability of the Code Adoption Ordinance and applicable
handouts.
2. Prior to the issuance of building permits for a new residential 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,and School Fees. The applicant shall provide a copy of the school
fees receipt to the Building and Safety Services Department prior to permit issuance.
3. Prior to issuance of permit issuance for new residential 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, and Transportation Development Fee.
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Project No. DRC2013-00053&DRC2013-00134
Completion Date
4. Prior to issuance of Building Permits for 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. The applicant shall provide a copy of the School Fees receipt
to the Building and Safety Services Department prior to permits issuance.
5. Street address shall be provided by the Building and Safety Official after tract/parcel map
recordation and prior to issuance of Building Permits.
6. For projects using septic tank facilities, shall be submitted to the Building and Safety Official for
review and approval prior to the issuance of Septic Tank Permits, and prior to issuance of
Building Permits.
7. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 p.m. Monday
through Saturday, with no construction on Sunday or holidays.
8. Construct trash enclosure(s) per City Standard (available at the Planning Department public
counter).
9. All commercial/public/multi-family development swimming pool plans shall be submitted to the
County of San Bernardino's Environmental Health Services Department for review and approval
prior to approval from the City of Rancho Cucamonga.
10. The following is required for side yard use for increase in allowable area:
a. Provide a reduced Site Plan (8 1/2 inches by 11 inches), which indicates the non-buildable
easement.
b. Recorded "Covenant and Agreement for the Maintenance of a Non-Buildable Easement,"
which is signed by the appropriate property owner(s).
New Structures
1. Provide compliance with the California Building Code (CBC) for property line clearances
considering use, area, and fire-resistive requirements.
2. Provide compliance with the California Building Code for required occupancy separations.
3. Roofing material shall be installed per the manufacturer's"high wind" instructions.
4. Plans for food preparation areas shall be approved by the County of San Bernardino
Environmental Health Services prior to issuance of Building Permit.
5. Provide draft stops in attic areas in accordance with CBC Section 1505.
6. Roofing materials shall be Class"A."
7. Exterior walls shall be constructed of the required fire rate in accordance with CBC.
8. Openings in exterior walls shall be protected in accordance with CBC.
9. Walls and floors separating dwelling units in the same building shall be in accordance with the
CBC. ---
10. Provide smoke and heat venting in accordance with CBC.
11. Upon plan check submittal, additional requirements may be needed.
G. Grading
1. Grading of the subject property shall be in accordance with current adopted California
Building Code, City Grading Standards, and accepted grading practices. The grading
and drainage plan(s) shall be in substantial conformance with the approved conceptual
grading and drainage plan.
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Project No.DRC2013-00053&DRC2013-00134
Completion Date
2. A soils report shall be prepared by a qualified engineer licensed by the State of
California to perform such work. Two copies will be provided at grading and drainage
plan submittal for review. Plans shall implement design recommendations per said
report.
3. The final Grading and Drainage Plan, appropriate certifications and compaction reports
shall be completed, submitted, and approved by the Building and Safety Official prior to
the issuance of building permits.
4. A separate Grading and Plan check submittal is required for all new construction
projects and for existing buildings where improvements being proposed will generate 50
cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be
prepared, stamped, and wet signed by a California licensed Civil Engineer.
5. If human remains are discovered on-site before or during grading, no further
disturbance shall occur until the County Coroner has made a determination of origin
and disposition pursuant to Public Resources Code Section 5097.98 and California
Health and Safety Code Section 7050.5.
6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures
and place a dust control sign on the project site prior to the issuance of a Grading
Permit.
7. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety
Official for review, that plan shall be a separate plan/permit from the Precise Grading
and Drainage Plan/Permit.
8. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage
shall be prepared and submitted to the Building and Safety Official for review and
approval for on-site storm water drainage prior to issuance of a Grading Permit. All
reports shall be wet signed and sealed by the Engineer of Record.
9. It shall be the responsibility of the applicant to acquire any required off-site drainage
easements prior to the issuance of a Grading Permit.
10. The Grading and Drainage Plan shall implement City Standards for on-site construction
where possible, and provide details for all work not covered by City Standard Drawings.
11. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent
private property.
12. Private sewer, water, and storm drain improvements will be designed per the latest _/_/_
adopted California Plumbing Code.
13. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades
shall be constructed per the current adopted California Building Code.
14. This project shall comply with the accessibility requirements of the current adopted
California Building Code.
15. The precise Grading and Drainage Plan shall follow the format provided in the City of
Rancho Cucamonga handout "Information for Grading Plans and Permit."
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Project No. DRC2013-00053 8 ORC2013-00134
Completion Date
16. Grading Inspections:
a. Prior to the start of grading operations the owner and grading contractor shall
request a pre-grading meeting. The meeting shall be attended by the project
owner/representative, the grading contractor and the Building Inspector to discuss
about grading requirements and preventive measures, etc. If a pre-grading meeting
is not held within 24 hours from the start of grading operations, the Grading Permit
may be subject to suspension by the Building Inspector;
b. The grading contractor shall call into the City of Rancho Cucamonga Building and
Safety Services Department at least 1 working day in advance to request the
following inspections prior to continuing grading operations:
i. The bottom of the over-excavation;
ii. Completion of rough grading -The grading contractor or owner shall submit to
the Permit Technicians(Building and Safety Services Department front counter)
an original and a copy of the Pad Certifications to be prepared by and properly
wet signed and sealed by the Civil Engineer and Soils Engineer of Record;
iv. The rough grading certificates and the compaction reports will be reviewed by
the Associate Engineer or a designated person and approved prior to the
issuance of a Building Permit.
17. Prior to the issuance of the Certificate of Occupancy the engineer of record shall certify
the functionality of the storm water quality management plan (WQMP) best
management practices (BMP) devices.
18. Roof storm water is not permitted to flow over the public parkway and shall be directed
to an under parkway culvert per City of Rancho Cucamonga requirements prior to
issuance of a Grading Permit.
H. Water Quality Management Plan
1. A Storm Water Quality Management Plan shall be approved by the Building and Safety
Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality
Management Plan" shall be recorded prior to the issuance of a Grading Permit.
2. The Water Quality Management Plan shall include a copy of the project Conditions of
Approval.
I. Street Improvements
1. Construct the following perimeter street improvements including, but not limited to:
Curb 8 A.C. Side- Drive Street Street Comm Median Bike
Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other
9th Street (a) (b) (c)
Notes: (a) Remove and relocate, (b) Remove, (c) Curbside Drain Std. 107-B
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Project No. DRC2013-00053&ORC2013-00134
Completion Date
2. Improvement Plans and Construction:
a. Street improvement plans, including street trees,street lights,and intersection safety lights
on future signal poles, and traffic signal plans shall be prepared by a registered Civil
Engineer and shall be submitted to and approved by the City Engineer. Security shall be
posted and an agreement executed to the satisfaction of the City Engineer and the City
Attorney guaranteeing completion of the public and/or private street improvements, prior to
final map approval or the issuance of building permits, whichever occurs first.
b. Prior to any work being performed in public right-of-way, fees shall be paid and a
construction permit shall be obtained from the Engineering Services Department in
addition to any other permits required.
C. Existing City roads requiring construction shall remain open to traffic at all times with _/_/_
adequate detours during construction. Street or lane closure permits are required. A cash
deposit shall be provided to cover the cost of grading and paving,which shall be refunded
upon completion of the construction to the satisfaction of the City Engineer.
3. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting
Districts shall be filed with the City Engineer prior to final map approval or issuance of Building
Permits whichever occurs first. Formation costs shall be borne by the developer.
J. Utilities
1. The developer shall be responsible for the relocation of existing utilities as necessary.
K. General Requirements and Approvals
1. Prior to finalization of any development phase, sufficient improvement plans shall be completed
beyond the phase boundaries to assure secondary access and drainage protection to the
satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the
approved tentative map.
2. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall
be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if
at least 50% of all wastes generated during construction and demolition are diverted from
landfills,and appropriate documentation is provided to the City. Form CD-1 shall be submitted to
the Engineering Services Department when the first building permit application is submitted to the
Building and Safety Services Department. Form CD-2 shall be submitted to the Engineering
Services Department within 60 days following the completion of the construction and/or
demolition project.
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