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Home My WebLink About18-10 - Resolution - Approval of Tentative Parcel Map SUBTPM19851, Located at 8300 Utica Avenue RESOLUTION NO. 18-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19851 TO CONVERT AN EXISTING 41,262- SQUARE FOOT OFFICE BUILDING ON A 1.97 ACRE PARCEL INTO A COMMERCIAL OFFICE CONDOMINIUM DEVELOPMENT CONSISTING OF 26 OFFICE CONDOMINIUM UNITS AND SHARED COMMON AREAS IN THE INDUSTRIAL PARK (IP) DISTRICT, LOCATED AT 8300 UTICA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0208-353-07. A. Recitals. 1. The applicant, Utica Buildings, LLC, filed an application for Tentative Parcel Map SUBTPM19851, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map is referred to as "the application." 2. On February 28, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application. 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 the Planning Commission during the above-referenced public hearing on February 28, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: b. The application applies to property located within the City; and c. The application applies to an existing 41,262-square foot office building on a 1.97- acre parcel located at 8300 Utica Avenue in the Industrial Park (IP) District; and d. The application proposes the conversion of the site and existing commercial office building into a condominium development. The building will be subdivided into 26 office condominium units with a separate property title for each unit. The owner of each unit shall also have an undivided interest in the common areas of the building and site as consistent with the provisions of the California Condominium Act; and e. Ownership of all 26 units and common areas will remain under the ownership of the current property owner for the time being. The current owner does not have plans to sell off the individual units but may do so in the future. In the event of a sale, the current owner intends to give notice to tenants prior to the sale of individual units. The current owner also intends to PLANNING COMMISSION RESOLUTION NO.18-10 TENTATIVE PARCEL MAP SUBTPM19851 - CITY OF RANCHO CUCAMONGA February 28, 2018 Page 2 give tenants the right to purchase the occupied unit prior to offering the unit to the general public; and f. The site requires a total of 131 parking spaces and maintains 125 parking spaces within property boundaries. To make up for the deficiency of 7 parking spaces, the parcel to the northwest was developed with an excess of 7 parking spaces for the project site's use. A shared parking agreement shall be established prior to the recordation of the Final Map to formalize the shared parking; and g. The application proposes no physical changes to the site or office building. The project site will continue to meet or exceed all Development Code standards at the time of building permit approval. 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 parcel map is consistent with the General Plan and Development Code. The General Plan designates the project site as Industrial Park. The Development Code designates the project site as Industrial Park (IP) District. The Industrial Park designation permits a wide range of activities that include office uses. The proposed project is for the conversion of the site and existing commercial office building into a condominium development. The building will be subdivided into 26 office condominium units with a separate property title for each unit. The owner of each unit shall also have an undivided interest in the common areas of the building and of the site as consistent with the provisions of the California Condominium Act. Aside from the change of ownership rights and responsibilities, no physical changes are being proposed to the site or the building. The existing office use is consistent with the Industrial Park land use as designated in the General Plan. b. The design or improvements of the tentative parcel map is consistent with the General Plan and Development Code. The project proposes no physical changes to the site or the building. All site improvements, including parking and landscaped areas, are designed to be consistent with the office use and are consistent with the Industrial Park land use as designated in the General Plan and Development Code. c. The site is physically suitable for the type of development proposed. The project site is currently occupied by a commercial office building and designated by the General Plan and Development Code for commercial office use. No physical changes are being proposed to the site. The site will continue to operate as existing. d. The site is physically suitable for the proposed development. The project site is currently occupied by a commercial office building and designated by the General Plan and Development Code for general commercial office use. No physical changes are being proposed to the site. The site will continue to operate as existing. e. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat. The proposed project is only for the subdivision of the project site into separate ownership for 26 office condominium units. No building PLANNING COMMISSION RESOLUTION NO.18-10 TENTATIVE PARCEL MAP SUBTPM19851 - CITY OF RANCHO CUCAMONGA February 28, 2018 Page 3 construction is proposed in conjunction with this tentative parcel map. No environmental impacts are expected. f. The tentative parcel map is not likely to cause serious public health problems. The proposed project is only for the subdivision of the project site into separate ownership for 26 office condominium units. No building construction is proposed in conjunction with this tentative parcel map. No health impacts are expected. g. The design of the tentative parcel 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. All existing public easements will be retained as existing and direct access to all easement areas from the public right-of-way will be maintained. Ownership rights over units within the building and over common areas will not supersede existing easement rights for public access onto the site. 4. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the Planning Commission finds that the project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 — Existing Facilities, as the project involves the subdivision of airspace for an existing commercial office building into common interest ownership where no physical changes occur. The Planning Commission finds that there is no substantial evidence that the project will have a significant effect on the environment. 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 Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF FEBRUARY 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: 61/4-A=q- Candy 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 28th day of February 2018, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO.18-10 TENTATIVE PARCEL MAP SUBTPM19851 - CITY OF RANCHO CUCAMONGA February 28, 2018 Page 4 AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Conditions of Approval „RANCHO MO Community Development Department LAIC RMOiVfiA Project#: SUBTPM19851 CEQA2017-00018 Project Name: 8300 Utica Condo Conversion Location: 8300 UTICA AVE - 020835307-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. Prior to the recordation of the Final Map for SUBTPM19851, a notarized, shared parking agreement shall be submitted to the City to the satisfaction of the Planning Director. The agreement shall allow for the reciprocal use of parking spaces between Parcel 2 (APN: 0208-353-07) and Parcel 3 (APN: 0208-353-08) of the original Parcel Map 8568. Standard Conditions of Approval 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 and Conditions of Approval 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. 4. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project 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. 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 Engineering Services Department within 3 years from the date of the approval. 7. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the 8300 Utica Avenue Property Owners Association are subject to the approval of the Planning and Engineering Services Department and the City Attorney. They shall be recorded concurrently with the Final Map. A recorded copy shall be provided to the City Engineer. The 8300 Utica Avenue Property Owners 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. www.CityofRC.us Printed:2/21/2018 Project#: SUBTPM19851 CEQA2017-00018 Project Name: 8300 Utica Condo Conversion Location: 8300 UTICA AVE -020835307-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 1. 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. Formation costs shall be borne by the developer. Building and Safety Services Department Please be advised of the following Special Conditions 1. Building and Fire Standard Conditions Existing conditions associated with the building's original approval must be maintained such as the Automatic/Manual Fire Alarm System, the rated corridors and it's components. Grading Section Standard Conditions of Approval 1. If during construction more than 5,000 square feet of combined asphalt concrete and PCC parking and driveway surface (impervious) area are proposed and/or removed and replaced, a priority final project-specific Water Quality Management Plan (WQMP) will be required for this project. If less than 5,000 square feet of impervious area is proposed a non-priority Water Quality Management Plan shall be required. Contact the Building and Safety Department for additional direction/information. www.CityofRC.us Printed:2/21/2018 Page 2 of 2