HomeMy WebLinkAbout06-16 - Resolutions RESOLUTION NO. 06-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE TRACT
MAP SUBTT17783,A REQUEST FOR A CONDO MAP RELATED TO TWO
ADJACENT MULTI-FAMILY PROJECTS, MERITAGE AND CHAMBRAY,
THAT TOTAL 589 UNITS 24.6 ACRES IN THE VICTORIA ARBORS
VILLAGE OF THE VICTORIA COMMUNITY PLAN, LOCATED ON THE
WEST SIDE OF DAY CREEK BOULEVARD, NORTH OF FOOTHILL
BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF —
APN: 0227-201-38, 41, AND 42.
A. Recitals.
1. Charles Joseph and Associates,filed an application for approval of Tentative Tract Map
SUBTT17783, 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 March 2006, 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 March 8, 2006, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The subject property is within the southern portion of the Victoria Arbors Village of
the Victoria Planned Community; and
b. The subject site has recently been developed with multi-family residential units
and
C. The application proposes to convert the multi-family residential units into 589
condominiums units; and
d. The application for this subdivision was filed in September 2005 prior to any units
being rented. All prospective and current tenants were given a Notice of Intent to Convert to
Condominiums as required by the State Subdivision Map Act and local ordinance; and
e. The proposed conversion would create 589 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."
PLANNING COMMISSION RESOLUTION NO. 06-16
SUBTT17783 — CHARLES JOSEPH ASSOCIATES
March 8, 2006
Page 2
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."
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.
g. The proposal is compatible with the objective, policies, elements, and program
specified in the General Plan; and
h. The design or improvement of the project is consistent with applicable General
Plan; and
i. The proposal is consistent with the purposes of Rancho Cucamonga Municipal
Code, Title 17 Development Code, Chapter 17.22; and
j. The proposal'promotes the health, safety, and welfare of the residents of the City.
4. This action includes approval of an Addendum, pursuant to California Environmental
Quality Act Guidelines Section 15164. The previous findings analyzed the potential environmental
impacts of Development Reviews DRC2003-0336 and 337. The determination by the Planning
Commission on December 10, 2003,declared that Development Reviews DRC2003-00336 and 337
were within the scope of the supplement to the Victoria Arbors Environmental Impact Report(EIR)
(State Clearinghouse No. 98041137) that was certified by the City Council on July 7, 1999.
PLANNING COMMISSION RESOLUTION NO. 06-16
SUBTT17783 — CHARLES JOSEPH ASSOCIATES
March 8, 2006
Page 3
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) All pertinent conditions of approval of Planning Commission
Resolutions No.s 03-185 and 187 for Development Reviews
DRC2003-00336 and 337 shall apply.
2) A copy of the proposed declaration of Covenants, Conditions, and
Restrictions (CC&Rs) which will apply and which shall include an
agreement for common area maintenance, including facilities and
landscaping, together with an estimate of the initial assessment fees
anticipated for such maintenance; a description of a provision for
maintenance of vehicular access areas within a project; and an
indication of appropriate responsibilities for maintenance of all utility
lines and services for each unit.
3) Tenant's right to purchase. As provided in Government Code Section
66427.1(b), any present tenant or tenants of any unit shall be given a
nontransferable right of first refusal to purchase the unit occupied at a
price no greater than the price offered to the general public. The right
of first refusal shall extend for at least 60 days from the date of
issuance of the subdivision public report or commencement of sales,
whichever date is later.
4) Vacation of units. Each non-purchasing tenant, not in default underthe
obligations of the rental agreement or lease under which he occupies
his unit, shall have not less than 120 days from the date of receipt of
notification from the owner of his intent to convert or from the filing date
of the final subdivision map, whichever date is later, to find substitute
housing and to relocate.
5) The applicant shall provide written certification to the buyer of each unit
on the initial sale after conversion that any dishwashers, garbage
disposals, stoves, refrigerators, hot water tanks, and air conditioners
that are provided are in working condition as of the close of escrow. At
such time as the homeowners'association takes over management of
the development, the applicant shall provide written certification to the
association that any pool and pool equipment and any appliances and
mechanical equipment to be owned in common by the association is in
working condition.
Engineering Department
1) All pertinent conditions per Tentative Tract 15974 and the Development
Agreement shall apply.
PLANNING COMMISSION RESOLUTION NO. 06-16
SUBTT17783 — CHARLES JOSEPH ASSOCIATES
March 8, 2006
Page 4
2) A signed consent and waiver form to join and/or form the appropriate
Landscape and Lighting Districts shall be filed with the City Engineer
prior to recordation of the Final Map. Formation costs shall be borne
by the Developer.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2006.
PLANNING C MISSION OF THE CITY OF RANCHO CUCAMONGA
BY l%Ix `
P rt, Chairman
`G
ATTEST: y '
Dan Coleman, Acting Secretary
I, Dan Coleman, Acting 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 March 2006, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, McPHAIL, MACIAS, MUNOZ, STEWART
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: TENTATIVE TRACT MAP SUBTT17783
SUBJECT: CONDOMINIUMS
APPLICANT: CHARLES JOSEPH & ASSOCIATES
LOCATION: WEST OF DAYCREEK BOULEVARD/NORTH OF FOOTHILL BOULEVARD
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (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 fled with the City Engineer within 3 years from the date of the approval.
C. Site Development
1. The site shall be 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 Department,the conditions contained herein, Development Code regulations,
and the VICTORIA ARBORS VILLAGE of the Victoria 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.
SC-1-05 1
Project No.SUBTT17783
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 responsible for
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 Department.
E. 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.
APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SEE ATTACHED
SC-1-05
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is\planning\final\pingcomm\2006 res &stf rpt1subttt17783condrev3•8.doc
Rancho Cucamonga Fire Protection District
i - I
Fire Construction Services
STANDARD CONDITIONS
October 25, 2005
Chambray & Meritage
7828 & 7922 Day Creek Blvd
SUBTPM17783
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT.
Separate fire alarm systems will be required for Lot 1 and Lot 2. Please submit plans for review and
approval to FCS before the installation begins.
FSC-1 Public and Private Water Supply (Existing) must be maintained as approved
FSC-3 Automatic Fire Sprinkler Systems (Existing) must be maintained as approved
Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable
standards required an approved automatic fire sprinkler system in:
1. Multifamily structures greater than 7,500 square feet.
2. Multi-family residential structures in excess of 4 units.
3. All structures that do not meet Fire District access requirements RCFPD Standard #9-7.
FSC-5 Fire Alarm Systems (Existing) were required on these sites
1. RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) required an
automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 15 and 39, the California
Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code.
2. Separate fire alarm systems will be required for Lot 1 and Lot 2. Please submit plans for review and
approval to FCS before the installation begins.
FSC-6 Fire District Site Access (must be maintained)
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
#9-7.
1. Location of Access: All portions of the structures 1 s` 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 tum radius shall be 20-feet.
c. The minimum outside tum radius shall be 46-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. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to
all required building exterior openings.
a.
4. 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:
b. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire
Construction Services (FCS) for approval. Upon the completion of the installation and before placing
the gates in service, inspection and final acceptance must be requested from FCS.
c. Gates must slide open horizontally or swing inward.
d. Gates may be motorized or manual.
e. When fully open, the minimum clearance dimension of drive access shall be 20 feet.
f. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for$20.00.
g. Motorized gates must open at the rate of one-foot per second.
h. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-
safe or battery backup feature to open the gate or release the locking Mechanism in case of power
failure or mechanical malfunction.
i. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed
outside the gate in a visible and unobstructed location.
j. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. If
traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be
approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due
to complexity of the various entry configurations.
5. 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.
6. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site
plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the
architectural plans submitted to B&S for plan review.
FSC-10 Occupancy and Hazard Control Permits
Listed are those Fire Code permits commonly associated with the business operations and/or building
construction. Plan check submittal is required with the permit application for approval of the permit; field
inspection is required prior to permit issuance. General Use Permit shall be required for any activity or
operation not specifically described below, which in the judgment of the Fire Chief is likely to produce
conditions that may be hazardous to life or property.
Public Assembly
Tents, Canopies and/or Air Supported Structures
FSC-12 Hazardous Materials - Submittal to Fire Construction Services
Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment
designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire,
Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD 15 and FD39 and other implemented and/or
adopted standards.
FSC-13 Alternate Method Application
2
Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when
submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along
with supporting documents and payment of the $92 review fee.
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.
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