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HomeMy WebLinkAbout14-55 - Resolutions RESOLUTION NO. 14-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT19932, A REQUEST TO SUBDIVIDE PARCEL 5 OF PARCEL MAP 7731 WHICH IS 82,328 SQUARE FEET(1.89 ACRES)AND CURRENTLY DEVELOPED WITH ONE (1) COMMERCIAL BUILDING WITH A FLOOR AREA OF ABOUT 32,000 SQUARE FEET INTO PARCEL 1 OF TENTATIVE TRACT MAP 19932 WITH TWENTY-ONE (21) UNITS FOR CONDOMINIUM PURPOSES IN THE INDUSTRIAL PARK (IP) DISTRICT AND HAVEN AVENUE OVERLAY DISTRICT (HADD), ON THE WEST SIDE OF HAVEN AVENUE, NORTH OF SIXTH STREET, LOCATED AT 9220 HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-262-19. A. Recitals. 1. Andresen Engineering filed an application for the approval of Tentative Tract Map SUBTT19932, 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 10th day of December 2014, 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 December 10, 2014, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a' single parcel developed with a commercial office building located on the west side of Haven Avenue, north of Sixth Street, at 9220 Haven Avenue; and, b. The property has an overall area of approximately 82,328 square feet (1.89 acres) and overall dimensions of the project site are approximately 264 feet (east to west) by approximately 331 feet (north to south); and, C. The three-story office building has a floor area of 32,000 square feet; and, d. The zoning of the properties to the north, south, east, and west are Industrial Park (IP) District, and the properties to the north, south, and east are also within the Haven Avenue Overlay District (HADD); and e. The application contemplates the subdivision of the subject parcel into twenty-one (21) units for condominium purposes providing private ownership of individual office spaces and common ownership of interior and exterior common space areas; and, PLANNING COMMISSION RESOLUTION NO. 14-55 SUBTT19932 —ANDRESEN ENGINEERING December 10, 2014 Page 2 f. The applicant only proposes the creation of individual units for condominium purposes on a fully developed commercial office property and additional development of the site (i.e., building, grading, or public improvements) is not proposed. 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 proposed subdivision is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The proposed project is to subdivide the property, and the office building into twenty-one (21) units for condominium purposes — no development of the site is proposed. The underlying General Plan designation is Industrial Park; and, b. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed project is to subdivide the property, specifically the office building into twenty- one (21) units for condominium purposes and no development of the site is proposed; and, C. The proposed subdivision complies with each of the applicable provisions of the Development Code. The proposed subdivision meets all standards outlined in the Development Code and the technical and development standards and policies of the Planning Commission and the City; and, d. The site is physically suitable for the type of development proposed. The proposed project is to subdivide the property into twenty-one (21) units for condominium purposes and no development of the,site is proposed; and, e. The design of the subdivision will not cause substantial environmental damage or injury to humans and wildlife or their habitat. On July 12, 2000, the City adopted a Mitigated Negative Declaration in connection with the City's approval of Conditional Use Permit 99-53, and was prepared addressing environmental impacts associated with the initial development of the project site. The subdivision for condominium purposes will not result in any new development or changes to the project site; and, f. The tentative tract is not likely to cause serious public health problems. The proposed project is to subdivide the property, specifically the existing office building into twenty-one (21) units for condominium purposes and no development or changes to the site are proposed; and, g. 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. The proposed project is to subdivide the property, specifically the existing office building into twenty-one (21) units for condominium purposes and no development of the site is proposed. 4. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on July 12, 2000 in connection with the City's approval of Conditional Use Permit 99-53 for development of the site. The proposed subdivision will not result in any development or changes to the project site. Prior to approving the proposed subdivision, the Planning Commission determined that no additional environmental documentation is necessary since the project will not result in any new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts would occur; there is no new information that shows the project will PLANNING COMMISSION RESOLUTION NO. 14-55 SUBTT1 9932 —ANDRESEN ENGINEERING December 10, 2014 Page 3 have new or more severe impacts than previously considered, and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. 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) Approval is for the subdivision of a Parcel of approximately 82,328 square feet (1.89 acres) that is currently developed with one (1) three-story commercial office building totaling 32,000 square feet into twenty-one (21) units for office condominium purposes and common ownership areas within the Industrial Park (IP) District, located at 9220 Haven Avenue —APN: 0209-262-19. 2) All applicable Conditions of Approval for Conditional Use Permit 99-53 shall apply. 3) Prior to the recordation of the Final Map, all organizational documents for the project including Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department and the City Attorney. The applicant shall be responsible for costs associated with the review of these documents. The approved CC&Rs shall be recorded prior to, or concurrently with, recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after their recordation. These provisions shall include, but not be limited to, the following: a) Individual units (i.e., office suites) shall be available for private ownership, and that all other areas (i.e., building exterior, hallways, stairways, elevators, bathrooms, utility areas, etc.) shall be commonly owned, and that there shall be no "exclusive use" areas outside the building. b) No unit in the development shall be sold unless a Property Owners Association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to building features and amenities, parking lot, landscaping, and utilities, etc. c) The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. d) The requirement that association bylaws be established. PLANNING COMMISSION RESOLUTION NO. 14-55 SUBTT19932 —ANDRESEN ENGINEERING December 10, 2014 Page 4 e) Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including but not limited to, building features, landscaped areas, walls and fences, parking lot (i.e., walkways, sidewalks, driveways), trash enclosures, fire alarm, fire sprinklers, underground water supply, fire lanes, water quality control features, etc. In addition, the CC&Rs shall indicate the maintenance obligations and reciprocal easements related to the reciprocal and shared facilities with the adjacent commercial center, including, but not limited to, provisions for a reciprocal agreement for the maintenance and use of the on-site fire protection (fire hydrant). Statements noting these agreements, easements, etc., shall also be included on the Final Map. f) Membership in the Property Owners Association shall be inseparable from ownership of individual units. g) Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures, exterior mechanical equipment, etc., consistent with the Rancho Cucamonga Development Code. h) Maintenance standards shall be provided for applicable items listed in Section e. Examples of maintenance standards are shown below: i. All common area landscaping and private areas visible from any public right-of-way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. ii. All building and site features shall be maintained so that they are safe for users. Significant pavement cracks; pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways shall be removed or repaired promptly. iii. Common areas shall be maintained in such a manner as to avoid the reasonable determination of.a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. i) No amendment to alter, modify, terminate, or change the Property Owners Association's obligation to maintain the common areas or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the PLANNING COMMISSION RESOLUTION NO. 14-55 SUBTT1 9932 —ANDRESEN ENGINEERING December 10, 2014 Page 5 common areas shall be permitted without the prior written approval of the City of Rancho Cucamonga Community Development Department. 4) In conjunction with the submittal of CC&R's and prior to recordation of the Final Map, the applicant shall submit to the City applicable recorded documentation that establishes, and/or ensures the continuation of, agreements, easements, etc., for the purpose of mutual/reciprocal access and parking between the office building and adjacent commercial center. 5) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 6) Any proposals for development within the project site shall require the review and approval of the City's Planning Department prior to construction and/or installation. 7) All signs shall comply with Chapter 17.74 (Sign Regulations for Private Property) of the Development Code. No additional ground or mounted signs shall be allowed by virtue of this subdivision. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 1 OTH DAY OF DECEMBER 2014. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY( , Ravenel Wimberly, Chairman ATTEST: PC,\D::t, Cand Burnett, 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 December 2014, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Conditions of Approval RANcxo (,'ucAMONCA Community Development Department Project#: SUBTT19932 Project Name: Tentative Tract Map SUBTT19932 Location: 9220 HAVEN AVE - 020926219-0000 Project Type: Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. A. Planning Department 1. 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 hearing. Notice of Exemption - $50 2. 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. 3. Copies of the signed Planning Commission Resolution of Approval No. 14-", Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheets 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. 4. This tentative tract map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 5. 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. 6. The site shall be developed and maintained in accordance with the approved plans on file in the Planning Department, the conditions contained herein, and Development Code regulations. 7. Prior to Final Map recordation, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. B. Engineering Services Department 1. The final tract map shall be submitted for review and approval. Plan check fees will be required and determined at time of submittal. w .CltyofRC.us Pnnted 12/2/2014 Project#: SUBTT19932 Project Name: Tentative Tract Map SUBTT19932 Location: 9220 HAVEN AVE - 020926219-0000 Project Type: Tentative Tract Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. B. Engineering Services Department 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval. E. Grading Section 1. A Storm Water Quality Management Plan ' is on file with the Engineering Department's Environmental Programs Division under file number DRCCUP99-53. Prior to recordation of the Final Map the applicant shall provide to the Building Official (or his designee) a copy of the previously recorded Storm Water Quality Management Plan "WQMP Certification". In addition, all added appendi including the project Covenants, Conditions and Restrictions (CC&R's) listing the storm water quality management plan treatment devices (commonly referred to as BMP's), including the required inspection and maintenance of such storm water treatment devices will be provided to be inserted into the copy on file with the City. 2. A copy of the SUBTT19932 conditions of approval along with all previous discretionary permit numbers such as DRCCUP99-53 conditions of approval shall be included in the amended Storm Water Quality Management Plan in an appendix to the previously approved WQMP. 3. Prior to recording of the Final Map the applicant shall complete all required storm water quality best management practices as described in the Water Quality Management Plan (WQMP) DRCCUP99-53, including but not limited to the following items described in said WQMP: a) Paving patterns to be used in areas to allow for greater permeability (page A-9); b) Walkways will be open jointed to allow for percolation at joints (page A-10); c) Dry wells and infiltration Trenches Roof downspouts can be directed to dry wells or infiltration trenches. A dry will is constructed by excavating a hole in the ground and filling it with an open graded aggregate, and allowing the water to fill the dry well and infiltrate after the storm event; d) Vegetated area to be placed in numbers and locations that allow for a longer path of flow, in order to allow for greater percolation; e) Install storm drain inserts. 4. Prior to recording of the Final Map the land owner shall provide an inspection report on a biennial basis for the underground storm water quality best management devices (BMP's) to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground BMP's are the responsibility of the land owner. 5. Prior to recording of the Final Map the applicant shall install all the storm water quality best management practices (BMP's) as described in the Water Quality Management Plan (WQMP) filed with the City under number "DRCCUP99-53", and shall request an inspection of all required BMP's by the Engineering Services Department Environmental Programs section. A written inspection report shall be submitted by the Environmental Programs Manager (or their designee) to the Building and Safety Services Department prior to issuance of a grading permit. w .CityofRC.us Printed:12/2/2014 - Page 2 of 2