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HomeMy WebLinkAbout02-23 - Resolutions RESOLUTION NO. 02-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2001-00778 FOR THE USE OF A 360 SQUARE FOOT MODULAR RECREATION BUILDING ON ATEMPORARY BASIS, LOCATED IN THE MEDIUM-HIGH RESIDENTIAL DISTRICT(14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1077-651-07. A. Recitals. 1. Lewis Apartment Communities filed an application for the issuance of Conditional Use Permit No. DRC2001-00778, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 23rd day of January 2002, 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 23, 2002, including written and oral staff reports, togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property referred to as the Mountain View Apartments, located at the southeast corner of Spruce Avenue and Terra Vista Parkway; and b. The Mountain View Apartments were constructed in 1986 in accordance with all standards and requirements applicable at the time of approval; and C. The property to the north and west of the subject site are also apartments, the property to the south consists of single-family residential, the property to the east is a park site and vacant land; and d. The use of the temporary modular recreation building will occupy 4 of the 506 existing parking spaces on-site during the period for which the Conditional Use Permit is approved; and e. The proposed temporary modular recreation building will be used to provide children's recreation activities for the residents of the Mountain View Apartments immediately while the permanent building is under-construction (DRC2001-00753). PLANNING COMMISSION RESOLUTION NO. 02-23 CUP DRC2001-00778 — LEWIS APARTMENT COMMUNITIES January 23, 2002 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 proposed use 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. b. The proposed use, 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. C. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 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 Division 1) The temporary modular structure shall be removed upon completion of the permanent structure, or within one-year, whichever occurs first. 2) The programming and use of the temporary modular structure shall be limited to the residents of the Mountain View Apartments. 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 participation shall not relieve applicant of his obligation under this condition. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2002. PLANNING COM ISSION OF THE CITY OF RANCHO CUCAMONGA c BY: � Carry T.V iel, Chairman PLANNING COMMISSION RESOLUTION NO. 02-23 CUP DRC2001-00778 — LEWIS APARTMENT COMMUNITIES January 23, 2002 Page 3 ATTEST: Brad B ecret I, Brad Buller, 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 23rd day of January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY COMMUNITY DEVELOPMENT - DEPARTMENT STANDARD CONDITIONS PROJECTM DRC2001-00778 SUBJECT: CONDITIONAL USE PERMIT FOR MODULAR RECREATION BUILDING APPLICANT: LEWIS APARTMENT COMMUNITIES LOCATION: SEC SPRUCE AVENUE AND TERRA VISTA PARKWAY ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. 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 Division, the conditions contained herein, Development Code regulations, and the Terra Vista Community Plan. 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 City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform 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 Division to show compliance. The buildings shall be inspected for compliance 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 or Specific Plans in effect at the time of building permit issuance. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: B. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; SC-11-01 1 Project No.DRC2001-00778 Completion Date c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the 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., TT #, CUP #, DR #, etc.) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, 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. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. C. 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., CUP 98-01). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. D. New Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness. 2. Plans for food preparation areas shall be approved by County of San Bernardino Environmental Health Services prior to issuance of building permits. 3. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC Table 5-A. 4. Exterior walls shall be constructed of the required fire rating in accordance with UBC Table 5-A 5. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. SC-11-01 2 Project No.DRC2001-00778 Completion Date E. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plans shall be completed and approved prior to issuance of building permits. 5. A separate grading 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 Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. Security Lighting 1. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 2. Lighting in exterior areas shall be in vandal-resistant fixtures. G. Security Hardware 1. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 2. All roof openings giving access to the building shall be secured with either iron bars, metal gates, or alarmed. H. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted from frame or track in any manner. 2. Security/burglar bars are not recommended, particularly in residences, due to the delay or prevention of a speedy evacuation in case of fire. I. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in tum save dollars and lives. 2. Alarm companies shall be provided with the 24-hour Sheriffs dispatch number: (909)941-1488. SC-11-01 3