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Home My WebLink About13-30 - Resolutions RESOLUTION NO. 13-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM18904, A REQUEST TO SUBDIVIDE AN EXISTING OFFICE BUILDING - -------THAT IS-PART-OF-A-LARGER-OFFICE-COMPLEX-INTO-12-INDIVIDUAL - -- CONDOMINIUM UNITS FOR A SITE AT THE SOUTHWEST CORNER OF LAUREL STREET AND RED OAK AVENUE WITHIN THE INDUSTRIAL PARK(IP) DEVELOPMENT DISTRICT, LOCATED AT 10837 LAUREL AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0208-353-22. A. Recitals. 1. RC Laurel Properties, LLC filed an application for the approval of Tentative Parcel Map SUBTPM18904, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On the 24th day of July 2013, 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 July 24, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 1.56-acre project site is part of a larger fully developed 8.38-acre office development made up of five separate office buildings on individual parcels; and b. The properties to the north and south are zoned Industrial Park (IP) and developed with office buildings;the properties to the east are zoned Industrial Park(IP)and developed with a church; and, the properties the east are zoned Industrial Park and developed with a San Bernardino County Court House; and C. The applicant is requesting to subdivide an existing 22,733 square foot office building into 12 individual suites for condominium purposes; and d. No changes are proposed to the exterior of the buildings; and e. There is a shared parking agreement in place between the five office buildings that make up the office park. The subdivision of the project site will not affect the number of parking spaces in the development. PLANNING COMMISSION RESOLUTION NO. 13-30 SUBTPM18904 - RC LAUREL PROPERTIES, LLC July 24, 2013 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. The Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the Tentative Parcel 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 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 Parcel Map is not likely to cause serious public health problems; and f. The design of the Tentative Parcel 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 as a Class 15 exemption under State CEQA Guidelines Section 15315 — Minor Land Divisions—which covers the subdivision of real property into four or fewer parcels. Because the project consists of subdividing an office building on an individual parcel into multiple suites for condominium purposes, Staff finds that 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 staffs determination of exemption. Planning Department 1) Approval is to subdivide an existing office building that is part of a larger office complex into 12 condominium units at the southwest corner of Laurel Street and Red Oak Avenue within the Industrial Park (IP) Development District, located at 10837 Laurel Avenue. 2) All conditions related to Parcel Map 9103 remain in force. 3) Submit a Covenants, Conditions and Restrictions agreement regulating the use and maintenance of the subject office building for Staff review and approval prior to final map approval. Engineering Services Department 1) The final parcel map shall be submitted for review and approval to the Engineering Services Department. Plan check fees will be required and determined at the time of submittal. PLANNING COMMISSION RESOLUTION NO. 13-30 SUBTPM1890M RC LAUREL PROPERTIES, LLC July 24, 2013 Page 3 2) A signed consent and waiver form to join and/or form the appropriate landscape and lighting districts shall be filed the City Engineer prior to final - — map-approval. 3) Any amendment on the existing Covenant, Conditions and Restrictions and Articles of Incorporation of the Homeowners' Association shall be subject to the approval of the Planning Department or the Engineering Services Department and the City Attorney. They shall be recorded concurrently with the Final Parcel Map. A recorded copy shall be provided to the City Engineer. Fire Department 1) The CC&R agreement shall address proper fire suppression and fire access for the individual condominium suites. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Frances Howdyshell, Chairman ATTEST: —( Candyce Bk6ntt, 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 24th day of July 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, MUNOZ ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBTPM18904 SUBJECT: TENTATIVE TRACT PARCEL MAP APPLICANT: RC LAUREL PROPERTIES, LLC LOCATION: 10837 LAUREL AVENUE—APN: 0208-353-22 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. 13-30 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 Manager hearing. a) Notice of Exemption -$50 X B. Time Limits 1 Project No. SUBTPM18904 Completion Date 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 Manager. 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. 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/or Master Plans in effect at the time of Building Permit issuance. 2