HomeMy WebLinkAbout06-71 - Resolutions RESOLUTION NO. 06-71
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE TRACT
MAP SUBTT17923, A SUBDIVISION CONVERTING 10 EXISTING
RESIDENTIAL RENTAL UNITS INTO 10 RESIDENTIAL CONDOMINIUMS
ON 1.03 ACRE OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT(8-14
DWELLING UNITS PER ACRE), LOCATED AT 9356 19TH STREET -
APN: 0201-474-07; AND MAKING FINDINGS IN SUPPORT THEREOF,
A. Recitals.
1. DEKEL, LLC filed an application for the approval of Tentative Tract Map SUBTT17923 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 26th day of July 2006, 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 July 26, 2006, 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 9356 19th Street, with a street
frontage of 150 feet and lot depth of 289 feet, and is presently improved with 10 vacant residential
rental units; and
b. The properties to the north and east of the subject site are residential
condominiums, the property to the south consists of single-family homes, and the property to the
west is'single-family and multiple-family residential; and
C. All parking and circulation requirements are met; and
d. The project and required physical elements report, building history report,and other
testing and survey reports have been reviewed by City departments and found to be in compliance
with the property development standards of the Development Code. To wit the following reports,
test and surveys were prepared and reviewed, and copies of which are on file with the City of
Rancho Cucamonga Planning Department: Energy Efficiency Regulations (Title 24) Report by
Perfect Design & Engineering Inc.; Acoustical Control and Sound Transmission Report by Gordon
Bricken &Associates; Structural Pest Control Report by Eastern Pest Control & Termite; Property
Condition Report by Land America Assessment Corporation; and
PLANNING COMMISSION RESOLUTION NO. 06-71
SUBTT17923 — DEKEL, LLC
July 26, 2006
Page 2
e. No new buildings or exterior modifications are proposed. Consequently, the only
plan needing review is the proposed Tentative Tract Map; and
f. All noticing requirements for condominium conversions in the Subdivision Map Act
have been fulfilled. The applicant provided an affidavit stating that the units were vacant prior to
their purchase and, therefore, no notification under the Subdivision Map Act is required; and
g. The proposed subdivision would convert 10 units; and as there were no tenants in
residence at the project location,the proposed subdivision would not displace substantial numbers
of the existing housing or residents necessitating the construction of replacement housing
elsewhere.
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. The design or improvements of the Tentative Tract Map is consistent with the
General Plan, Development Code, and any applicable specific plans; and
C. The site is physically suitable for the type of development proposed; 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; and
e. The Tentative Tract Map is not likely to cause serious public health problems; and
f. 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; and
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 Tentative Tract Map 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. Based upon the facts and information contained in the proposed Negative Declaration,
together with all written and oral reports included for the environmental assessment for the
application,the Planning Commission finds that there is no substantial evidence that the project will
have a significant effect upon the environment and adopts a Negative Declaration attached hereto,
and incorporated herein by this reference, based upon the findings as follows:
PLANNING COMMISSION RESOLUTION NO. 06-71
SUBTT17923— DEKEL, LLC
July 26, 2006
Page 3
a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local
CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of
the project. Based on the findings contained in that Initial Study, City staff determined that there was
no substantial evidence that the project would have a significant effect on the environment. Based
on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided
public notice of the public comment period and of the intent to adopt the Negative Declaration.
b. The Planning Commission has reviewed the Negative Declaration and all
comments received regarding the Negative Declaration and, based on the whole record before it,
finds: (i)that the Negative Declaration was prepared in compliance with CEQA; and (ii)that there is
no substantial evidence that the project will have a significant effect on the environment. The
Planning Commission further finds that the Negative Declaration reflects the independent judgment
and analysis of the Planning Commission. Based on these findings, the Planning Commission
hereby adopts the Negative Declaration.
C. Pursuant to the requirements of California Fish and Game Code Section 711.4 and
Title 14 of the California Code of Regulations, Section 753.5,the Planning Commission finds, based
on the Initial Study, the Negative Declaration, and considering the record as a whole,that there is no
evidence before the City that the.proposed project will have the potential for an adverse effect on
wildlife resources or the habitat upon which the wildlife depends. The project site is fully developed
and has been subject to suburban disturbance for over 15 years. Based on substantial evidence,the
Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as
set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California
Code of Regulations Code, Section 753.5.)
d. The custodian of records for the Initial Study, Negative Declaration, and all other
materials which constitute the record of proceedings upon which the Planning Commission's
decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are
available for public review in the Planning Department of the City of Rancho Cucamonga located at
10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750.
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) The applicant shall comply with all notification requirements under the
Subdivision Map Act for condominium conversions.
2) Vacation of units. In the event the units are rented prior to the final
conversion to condominiums, each non-purchasing tenant, not in
default under the 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.
PLANNING COMMISSION RESOLUTION NO. 06-71
SUBTT17923— DEKEL, LLC
July 26, 2006
Page 4
3) Illuminated addresses and, if found necessary by the Planning
Commission, directory maps for all units shall be prominently displayed
from appropriate public or private access within or adjacent to the
project.
4) 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) The final Tract Map shall be processed for approval and shall be
recorded prior to the issuance of building permits.
2) Plan check/processing fee will be determined at the time of plan check
submittal.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 26TH DAY OF JULY 2006.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: l
Pa S wart, Chairman
ATTEST: n
mes R. Troyer, AICP, Sbcretary
I, James R.Troyer,AICP, 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 26th day of July 2006, by the following vote-to-wit:
AYES: COMMISSIONERS:_ FLETCHER, McPHAIL, MUNOZ, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: TENTATIVE TRACT MAP SUBTT17923
SUBJECT: CONDOMINIUM CONVERSION OF 10 RESIDENTIAL UNITS
APPLICANT: DEKEL, LLC
LOCATION: 9356 19TH STREET
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 Data
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 or tentative parcel 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 Department, the conditions contained herein, and 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 Planning Director.
SC-1-05 1
11PLANNINGTINAL\PLNGCOMM\2006 Res&Stf Rpt\SUBTT17923StdCond 7-26.doc
Project No. SUBTT17923
Completion Date
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
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Director review and approval prior to the issuance of building permits.
5. 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.
6. 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.
7. Trash receptacle(s)are required and shall meet City standards. The final design, locations,and
the number of trash receptacles shall be subject to Planning Director review and approval prior to
the issuance of building permits.
8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be
located out of public view and adequately screened through the use of a combination of concrete
or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For
single-family residential developments, transformers shall be placed in underground vaults.
9. All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
10. .The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Departments and the City Attorney. They shall be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shall be
provided to the City Engineer. The Homeowners' 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.
11. 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 Planning Director and City Engineer review and approved
prior to the issuance of building permits.
D. Parking and Vehicular Access (indicate details on building plans)
1. All parking spaces shall be double striped per City standards and all driveway aisles,entrances,
and exits shall be striped per City standards.
2. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and
Rancho Cucamonga Fire Protection District review and approval prior to issuance of building
permits. For residential development, private gated entrances shall provide adequate turn-
around space in front of the gate and a separate visitor lane with call box to avoid cars stacking
into the public right-of-way.
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IAPLANNINGTINAL\PLNGCOMM\2006 Res&Stf Rpt\SUBTT17923StdCond 7-26.doc
Project No. SUBTTI7923
Completion Date
E. Signs
1. The signs indicated on the submitted plans are conceptual only and not a part of this approval.
Any signs proposed for this development shall comply with the Sign Ordinance and shall require
separate application and approval by the Planning Department prior to installation of any signs.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT,(909)477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
F. Additional Requirements/Comments
1. Plans and specifications in accordance with the Rancho Cucamonga Development Code
Standards Section 17.22.040 must be submitted to the Building and Safety Department for
review of the following issues:
a. T-24 Energy Regulations calculations and proposed alterations.
b. Sound control study and proposed alterations.
C. California Housing Accessibility analysis for compliance proposed changes.
d. Electrical changes regarding smoke detectors upgrades, electrical meters and shutoff
specific.
e. Plumbing changes such as water and gas shut-off.
I. Illuminated addresses and directory proposals.
g. Storage space specifics.
h. Laundry facilities locations.
i. CC&Rs with reciprocal agreements for Fire District Access.
2. All submittals to the Building and Safety Department must include 5 sets of plans and 2 sets of
specifics or calculations. The specifics of the buildings on this project, such as occupancy,
square footage, height, number of stories and type of construction were not found on the plans.
Building and Safety Department required this information to provide the applicant with a complete
review and applicable comments. Please provide the necessary building data on your submittal
to the Building and Safety Department for the proposed condominiums conversion. A Registered
Architect must sign and stamp all plans.
3
(:\PLANNING\FINAL\PLNGC0MM\2006 Res&SN Rpt\S1JBTT17923StdCond 7-26.doc
Rancho Cucamonga Fire Protection District
y
x Fire Construction Services
STANDARD CONDITIONS
May 25, 2006
Dekel, PDI Real Estate Investors
9356 19th Street
19th St Residential Condo Conversion (10) units
SUBTT17923
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT.
FSC-1 Public and Private Water Supply (Existing must be maintained)
FSC-2 Fire Flow (Existing must be maintained)
FSC-4 Requirement for Automatic Fire Sprinkler Systems (if existing it must be maintained)
FSC-5 Fire Alarm System (if existing must be maintained)
FSC-6 Fire District Site Access (Existing must be maintained as shown below)
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 19' 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 20-feet.
C. The minimum outside turn 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.
1
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 Doorways: Approved doorways, accessible without the use of a ladder, shall be provided
in accordance with the 2001 California Building Code, Fire and/or any other applicable standards.
4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus
access road to all required building exterior openings.
5. Residential gates if installed across Fire District access roads shall be installed in accordance
with RCFPD Residential Gate Standard #9-1. The following design requirements apply:
a. 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.
b. Gates must slide open horizontally or swing inward.
C. Gates may be motorized or manual.
d. When fully open, the minimum clearance dimension of drive access shall be 20 feet.
e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for
$20.00.
f. Motorized gates must open at the rate of one-foot per second.
g. 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.
h. 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.
i. 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.
6. 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.
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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.
Compressed Gases Public Assembly
Flammable and Combustible Liquids Hazardous Materials
Tents, Canopies and/or Air Supported Structures Liquefied Petroleum Gases
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 FD15 and FD39
and other implemented and/or adopted standards.
FSC-13 Alternate Method Application
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
RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required
on this project. The project appears to be located on a property that is being subdivided. A reciprocal
agreement is required to be recorded between property owners.
Reciprocal access agreement — Please provide a permanent access agreement between the
owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access
to the subject property. The agreement shall include a statement that no obstruction, gate, fence,
building or other structure shall be placed within the dedicated access, without Fire Department
approval. The agreement shall have provisions for emergency situations and the assessing of cost
recovery to the property by the fire District.
The agreement shall be recorded with the County of San Bernardino Recorders Office. The Fire
Construction Services Unit shall approve the agreement prior to recordation. The recorded
agreement shall include a copy of the site plan. The agreement shall be recorded with the County of
San Bernardino, Recorders Office. The Fire Construction Services Unit shall approve the
agreement, prior to recordation
FCS-16 Posting of Addresses
The address of the units, the designation of the buildings, the site address monument and the site
directory must be posted as dictated by the fire inspector.
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- City of Rancho Cucamonga
NEGATIVE DECLARATION
The following Negative Declaration is being circulated for public review in accordance with the
California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code.
Project File No.: Tentative Tract Map SUBTT17923
Public Review Period Closes: July 26, 2006
Project Name: Project Applicant: Dekel, LLC
Project Location(also see attached map): Located at 9356.1 9th Street, east of Hellman Avenue—
APN: 0201-474-07
Project Description: A request to subdivide 1.03 acre of land to convert 10 existing apartment units
into 10 residential condominium units in the Medium Residential District(8-14 dwelling units per acre).
FINDING
This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an
Initial Study to determine if the project may have a significant effect on the environment and is
proposing this Negative Declaration based upon the following finding:
The Initial Study indicates that there is no substantial evidence that the project may have a significant
effect on the environment.
If adopted, the Negative Declaration means that an Environmental Impact Report will not be
required. The factual and analytical basis for this finding is included in the attached Initial Study.
The project file and all related documents are available for review at the City of Rancho Cucamonga
Planning Department at 10500 Civic Center Drive (909)477-2750 or Fax (909) 477-2847.
NOTICE
The public is invited to comment on the proposed Ne ative Declaration during the review period.
July 26, 2006
Date of Determination Ad ted By