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HomeMy WebLinkAbout04-106 - Resolutions RESOLUTION NO. 04-106 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT16972-1, A SUBDIVISION FOR CONDOMINIUM PURPOSES ON 18.54 ACRES IN THE MIXED USE DISTRICT (SUBAREA 18 SPECIFIC PLAN), LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-082-47. A. Recitals. 1. Jefferson on Fourth, L.P. filed an application for approval of Tentative Tract Map SUBTT16972-1, 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 8th day of September 2004, the Planning Commission held a duly advertised public hearing for the above-described map and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. 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 September 8, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The subject property is within the Rancho Cucamonga Subarea 18 Specific Plan; and b. The subject site is under construction of multi-family apartment units and retail;and C. The application proposes to subdivide the site into 467 residential condominium units; and d. In October 2003, the City Planner approved Development Review DRC2003-00505 for 467 multi-family rental apartment units. e. The proposed subdivision would create 467 condominium ownership units consistent with the following goals and objectives of the General Plan Housing Element: i. To provide "a variety of housing types for economic segments wishing to reside in the community regardless of race, religion, sex, or income group." ii. "Allow and create opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units, and provide sufficient numbers of dwelling units to accommodate expected new household formations." iii. "Provide opportunities so that 30 percent of the persons employed in the City may live in the City." PLANNING COMMISSION RESOLUTION NO. 04-106 SUBTPM16972-1 —JEFFERSON ON FOURTH, L.P. September 8, 2004 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. That the tentative tract map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. That the design or improvements of the tentative tract map is consistent with the General Plan, Development Code, and any applicable specific plans; and C. That the site is physically suitable for the type of development proposed; and d. That 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. That the tentative tract map is not likely to cause serious public health problems; and f. That the design of the tentative tract 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. On June 1, 1994, an Environmental Impact Report(State Clearinghouse No. 93102055) was prepared and certified by the City Council of the City of Rancho Cucamonga as a Program Environmental Impact Report for the Rancho Cucamonga IASP Subarea 18 Specific Plan. The California Environmental Quality Act provides that once a Program Environmental Impact Report has been certified, no further Environmental Impact Report or Negative Declaration is required for subsequent projects within the scope of the Program Environmental Impact Report. Based upon the facts and information contained in the prior Environmental Impact Report, together with the written and oral staff reports, the Planning Commission finds that the proposed subdivision is within the scope of the prior Environmental Impact Report. There are no substantial changes in the project or the site or its surrounding conditions that would require revision to the previous Environmental Impact Report. 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) All pertinent conditions of approval of Planning Commission Resolution No. 03-166 approving Tentative Parcel Map SUBTPM16245 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 04-106 SUBTPM16972-1 —JEFFERSON ON FOURTH, L.P. September 8, 2004 Page 3 BY Rich Macias, Chairman ATTEST: Brad Bull ecretary 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 8th day of September 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: McNIEL ABSTAIN: COMMISSIONERS: McPHAIL COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBTT16972-1 SUBJECT: CONDOMINIUMS APPLICANT: JEFFERSON ON FOURTH, L.P. LOCATION: NORTHWEST CORNER OF 4TH STREET AND MILLIKEN AVENUE 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. 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. B. Time Limits 1. This tentative tract map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. 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 Division, 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 City Planner. SC-1-04 1 i:\planning\final\pingcomm\subttl9672-lstdcond.9-8.doc Project No.SUBTT16972-1 Completion Date 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 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. 5. Street names shall be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 6. All parkways, open areas, and landscaping shall be permanently maintained by the property owner,homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. D. Landscaping 1. For multi-family residential and non-residential development,property owners are responsiblefor the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition,and shall receive regular pruning,fertilizing,mowing, and trimming. Any damaged,dead,diseased,or decaying plant material shall be replaced within 30 days from the date of damage. 2. The final design of the perimeter parkways,walls, landscaping,and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. E. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds maybe used bythe City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. F. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. SC-1-04 2 i:\planning\final\pingcomm\subtt19672-1 stdcond. 9-8.doc Project No.SUBTT16972-1 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,(909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) G. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; 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.,SUBTT16972-1)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. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. H. 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., SUBTT16972-1). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. 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 residential project or major addition,the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School 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 and Safety 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. SC-1-04 3 i:\planning\final\pingcomm\subttl9672-Istdcond. 9-8.doc Project No.SUBTT16972-1 Completion Date 5. Construct trash enclosure(s) per City Standard (available at the Planning Division's public counter). I. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 5. Upon tenant improvement plan check submittal, additional requirements may be needed. J. Grading 1. Grading of the subject property shall be in accordance with California Building Code,CityGrading 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, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the 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 CONTACTTHE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-1-04 4 i:\planning\final\pingcomm\subtt19672-1 stdcond. 9-8.doc RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS May 24, 2004 Jefferson on 4th 4th & Milliken Condominium Conversion SUBTT16972 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets, and highways; as well as private roads, streets, drive aisles, and/or designated fire lanes. Please reference the RCFPD Fire Department Access — Fire Lanes Standard #F191.10.200. 1. Location of Access: All portions of the structures 1st story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates, and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1. The following design requirements apply: a. All automatic gates shall be provided with a Fire District approved, compatible traffic pre-emption device. The devices shall be digital. Analog devices are not acceptable. Devices shall be installed in accordance with the manufacturer's instructions and specifications. b. Vehicle access gates shall be provided with an approved Fire District Knox Key Switch. c. The key switch shall be located outside and immediately adjacent to the gate for use in the event that the traffic pre-emption device fails to operate. d. A traffic loop device must be installed to allow exiting from the complex. e. The gate shall remain in the open position for not less than 20-minutes and shall automatically reset. 4. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. FCS-14 Map Recordation 1. Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: a. Is located on property which is not under the control of the applicant; or b. Crosses a property line; or c. Is shared by multiple owners; or d. Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building, or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire District access, the width, turn radii, and slope of roadway surface shall be provided. The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances a. Pass through or are located on property not under the control of the applicant; or b. Crosses a property line; or c. Provide service to adjacent properties; or d. Is located on common space under the control of an owner's association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino. 2 Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 2. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer, and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested, and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested, and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested, and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested, and accepted in accordance with RCFPD Standards #9-1 or#9-2 by Fire Construction Services. 8. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. 3 9. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&Rs, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 10. Address: Prior to the granting of occupancy, individual dwellings units shall post the address with minimum 4-inch numbers on a contrasting background. Multi- family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 ''Y? x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 13. Fire Emergency Guide: The owner of the buildings or their agent must produce a Fire Emergency guide for Multi-Family Dwellings in accordance to Standards # 13- 2, which must be reviewed by Fire district personnel and approved. Upon Fire District approval the Owners and or their agent must distribute a copy of the approved guide to new owner of each unit. 4