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Home My WebLink About19-01 - ResolutionRESOLUTION NO. 19-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 20032, A REQUEST TO SUBDIVIDE AN APPROVED 140 UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND FOR CONDOMINIUM PURPOSES FOR A PROJECT SITE LOCATED WITHIN THE LOW -MEDIUM (LM) RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-031-36 A. Recitals. 1. National Community Renaissance of California (CORE) filed an application for the approval of Tentative Parcel Map No. 20032, 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 9th day of January 2019, 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 January 9, 2019, 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 the terminus of Fire House Court, west of Day Creek Boulevard, within the Low Medium (LM) Residential District (4-8 dwelling units per acre) of the Victoria Planned Community and is comprised of one (1) parcel with a combined area of 4 acres of land that is currently undeveloped. b. To the north is the Pacific Electric Trail within the Low Medium (LM) Residential District of the Victoria Community Plan; to the South is a commercial center within the Village Commercial (VC) District of the Victoria Community Plan; to the east is the Day Creek Fire Station within the Low Medium (LM) Residential District of the Victoria Community Plan; and, to the west is a San Bernardino County Flood Control District storage yard within the Low Medium (LM) Residential District of the Victoria Community Plan and within the Utility Corridor (UC) District; and PLANNING COMMISSION RESOLUTION NO. 19-01 TENTATIVE PARCEL MAP SUBTPM20032 - NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA January 9, 2019 Page 2 C. The applicant is requesting approval of a tentative parcel map for condominium purposes to subdivide an approved 140 unit affordable senior housing project into three separate air spaces (one per building floor) for financing purposes; and d. The proposed subdivision will not impact the project design, layout or affordability covenants approved as part of the original project. National Community Renaissance of California will control both ownership entities and will manage the project when it is completed. 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 proposed tentative parcel map is consistent with the General Plan land use designation and Development Code zoning designation, which are both Low Medium (LM) Residential District; and b. The design or improvements of the tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans. The proposed tentative parcel map is consistent with the Low Medium (LM) General Plan land use designation and the Low Medium (LM) Residential District of the Victoria Community Plan. The previously approved Design Review (DRC2017-00402) included a Certificate of Appropriateness DRC2016-00966, for the removal of a historically designated oak tree; Tree Removal Permit DRC2016-00965, for the removal of the oak tree; and, Variance DRC2017-00032, to construct a wall of over 8 feet in height. The project also included a related General Plan Amendment DRC2016-00964, to remove the historically designated oak tree from a General Plan map of historical sites within the City and a Density Bonus Agreement DRC2017-00156. With these related previously approved entitlements, the project is consistent with the General Plan, Victoria Community Plan and Development Code; and C. The site is physically suitable for the type of development proposed. The project site abuts a public street and will have access to the existing utilities that currently serve the adjacent commercial development and City fire station; 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. The Initial Study Part II prepared for the previously approved 140 unit affordable senior house development on the project site outlines potential environmental impacts related to the project and identifies project specific mitigation measures that reduce these impacts to fess -than -significant; and e. The tentative parcel map is not likely to cause serious public health problems. The tentative parcel map is for the subdivision of air space for financing purposes and will not create any additional environmental impacts not considered in the Initial Study Part II related to the original approval; 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. The project site does not contain any existing easements. PLANNING COMMISSION RESOLUTION NO. 19-01 TENTATIVE PARCEL MAP SUBTPM20032 - NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA January 9, 2019 Page 3 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, the City adopted a Mitigated Negative Declaration in June 7, 2017 in connection with the City's approval of General Plan Amendment DRC2016-00964 and Density Bonus Agreement DRC2016-00156. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with Tentative Tract Map SUBTPM20032, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The proposed project involves the subdivision of airspace for condominium purposes of an approved 140 unit affordable senior house development on 4 acres of land. The proposed subdivision of airspace will not impact the design, layout or intensity of the project. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed project is consistent with the previously approved 140 unit affordable senior housing development and does not raise or create environmental impacts that were not previously considered. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of Tentative Parcel Map SUBTPM20032. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby approves Tentative Tract Map SUBTPM20032 subject to each and every condition set forth in the attached Conditions of Approval and set forth in the Conditions of Approval for Design Review DRC2016-00814 in Resolution No. 17-31 and incorporated Standard Conditions in Resolution 17-31 for DRC2016-00814, 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 9TH DAY OF JANUARY 2019. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO TENTATIVE PARCEL MAP SUBTPM20032 CALIFORNIA January 9, 2019 Pa e 4 9 BY: —T-onyiSuglielmo, Chairman ATTEST: — (q"p— — Candy49 Burnett, Secretary 19-01 NATIONAL COMMUNITY RENAISSANCE OF I, Candyce Burnett, 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 9th day of January 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval RANCno CCCAAIONCA Community Development Couni Develo Department °tifi Project #: SUBTPM20032 Project Name: EDR - National Community Renaissance of California Location: - 108903136-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Piannina Department Please be advised of the following Special Conditions 1. If deemed necessary by the City Attorney, the applicant shall amend the related Disposition, Development, and Loan Agreement, as amended, between the City and Day Creek Senior Housing Partners, LP, prior to filing the final parcel map with the City Engineer in order to address the consequences of separate ownership interests that may be created by the proposed subdivision of air space. 2. All applicable Conditions of Approval in Resolution No. 17-31 for DRC2016-00814 shall apply to Tentative Parcel Map SUBTPM20032. Standard Conditions of Approval 3. 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. 4. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, 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. Enpineerina Services Department Plaaso be advisod of the following Spacial Conditions 1. Comply with conditions of approval from DRC2016-00814, Standard Conditlone of Approval ('dnlad 11912010 www Cilyu= us Project #: Project Name: Location: Project Type: SUBTPM20032 EDR - National Community Renaissance of California -108903136-0000 Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: En-gineering Services Department Standard Conditions of Approval 2. "' CD Information Required Prior to Sign -Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self -hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and 1 or demolition project. Contact Marissa Ostos, Environmental Engineering, at (909) 7744062 for more information. Instructions and forms are available at the City's website, www.cityofrc.us, under City Hall 1 Engineering / Environmental Programs 1 Construction & Demolition Diversion Program. 3. If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for: 4. 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 or issuance of Building Permits whichever occurs first. Formation costs shall be borne by the developer. 5. The developer shall be responsible for the relocation of existing utilities as necessary. 6. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 7. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or Issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the Issuance of permits in the case of all other residential projects. Please be advised of tho following Special dbnditlons 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The Condominium project must draft an agreement between the owner's association and the Fire District for the fire department access and fire suppression facilities. The document will require permanent water supply maintenance and access agreements granting Irrevocable use of the property and facilities by the Fire District r�+a+a� +nlr7o+n www Cdyui9tC.u11 papa 7 0l Y