HomeMy WebLinkAbout07-24 - Resolutions RESOLUTION NO. 07-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP SUBTPM18543,A REQUEST TO SUBDIVIDE BUILDING 2
ON PARCEL 2 OF AN EXISTING INDUSTRIAL OFFICENVAREHOUSE
COMPLEX OF ABOUT 7.27 ACRES, INTO FOUR CONDOMINIUM UNITS
(THE OFFICE/WAREHOUSE COMPLEX CONSISTS OF 10 PARCELS;
ONLY PARCEL 2 IS SUBJECT TO THIS REQUEST) IN THE GENERAL
INDUSTRIAL (GI) DISTRICT, SUBAREA 5, LOCATED AT
9850 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF
-APN: 0209-211-52.
A. Recitals.
1. Danjon Engineering, on behalf of Mark Capellino,filed an application for the approval of
Tentative Parcel Map SUBTPM18543, 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 23rd day of May 2007, 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 May 23, 2007, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to Building 2 of Parcel 2 of a 10-parcel office/industrial
complex in the General Industrial (GI) District, (Subarea 5), located on the north side of 6th Street,
about 950 feet east of Archibald Avenue; and
b. The office/industrial complex related file: Development Review DRC2003-01185
was previously reviewed and approved by the Planning Commission on March 23, 2005, and the
parcel map related file: Tentative Parcel Map SUBTPM16445 was reviewed and approved on
May 25, 2007; and
C. The application proposes the subdivision of Building 2 on Parcel 2 of Parcel Map
SUBTPM16445 into four (4) condominium units; and
PLANNING COMMISSION RESOLUTION NO. 07-24
SUBTPM18543 — DANJON ENGINEERING
May 23, 2007
Page 2
d. No physical changes to the project site or the buildings are proposed; and
e. Parcel 2 has a street frontage along 6th Street of about 148 feet with an overall
width of about 167 feet and an overall depth of 234 feet; and
f. In relation to the office/industrial complex, the properties to the south, east, and
west are fully improved with industrial/office development, and the properties to the north are
partially developed with industrial development (the remainder are vacant); and
g. In relation to the office/industrial complex, the properties to the north, south, and
east are zoned General Industrial (GI) District, (Subarea 5),and the properties to the west are zoned
General Industrial (GI) District, Subarea 4; and
h. The subdivision, together with the recommended conditions of approval, meets
development standards for the City of Rancho Cucamonga.
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 Tentative Parcel Map is consistent with the General Plan, Development Code,
and any applicable specific plans; and
b. The design or improvements of the Tentative Parcel 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 Parcel Map is not likely to cause serious public health problems; 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.
4. The Planning Department Staff has determined that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines
Section 15301(k) Existing Facilities because the proposal contemplates only the subdivision of
interior space within an existing building located within an existing office/industrial complex. In
addition, there is no substantial evidence that the project may have a significant effect on the
environment. The Planning Commission has reviewed the Planning Department's determination of
exemption, and based on its own independent judgment, concurs in the staffs determination of
exemption.
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 COMMISSION RESOLUTION NO. 07-24
SUBTPM18543 — DANJON ENGINEERING
May 23, 2007
Page 3
Planning Department
1) Approval is for the subdivision of Building 2 on Parcel 2 of parcel map
SUBTPM16445 into four (4) condominium units.
2) Shared access, parking, and maintenance shall be incorporated in the
project Covenants, Conditions, and Restrictions (CC&Rs).
3) Prior to the modification of the boundaries of a unit on the
condominium plan; the applicant shall submit the proposal to the City
for review and approval prior to approval of any tenant improvements
related to that modification.
4) Any increase in the number of condominium units shall require the
submittal of a revised parcel map application for review and approval
by the Planning Commission and the City Council.
5) The minimum floor area of each condominium unit shall be
250 square feet.
6) Each condominium unit shall have direct access to common areas and
facilities such as lobbies, restrooms, elevators, and stairways.
7) Interior improvements including, but not limited to, construction or
relocation of demising walls that separate condominium units, and the
revisions to the location, size, or layout of common areas and the
facilities such as lobbies, restrooms, elevators, stairways, etc. shall
require review and approval by the City to ensure compliance with all
conditions of approval and applicable building and fire
safety/prevention codes and regulations.
Engineering Department
1) Prepare or amend existing CC&R's as needed, to explain how
maintenance responsibilities will be shared between the newly created
parcels and the remaining existing parcels of Parcel Map 16445.
Address the shared 6thStreet access, maintenance and surface
drainage agreements with other properties and the shared
maintenance responsibilities for common areas and for Public right-of-
way landscaping. Provide a completed copy to City Engineering prior
to submitting final map for City Council Approval.
a) Maintenance of BMP's identified in the WQMP shall be
addressed in the project CC&R's.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 23RD DAY OF MAY 2007.
PLANNING COMMISSION RESOLUTION NO. 07-24
SUBTPM18543— DANJON ENGINEERING
May 23, 2007
Page 4
PLANNING COM ISSION OF THE CITY OF RANCHO CUCAMONGA
BY:-
PaR Wart, Chairman
ATTEST:
James R. Troyer, AICP, Secretary
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 23rd day of May 2007, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MUNOZ, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: TENTATIVE PARCEL MAP SUBTPM18543
SUBJECT: TENTATIVE PARCEL MAP - FOUR CONDOMINIUM UNITS
APPLICANT: DANJON ENGINEERING
LOCATION: 9850 6TH STREET; PARCEL 2 OF PARCEL MAP SUBTPM16445
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.
2. Copies of the signed Planning Commission Resolution of Approval No. 07-24, Standard
Conditions, 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.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The
project planner will confirm which fees apply to this project. All checks are to be made payable to
the Clerk of the Board of Supervisors and submitted to the Planning Commission Secretary prior
to the Planning Commission or Planning Director hearing:
a) Notice of Exemption - $50
b) Notice of Determination - $50 X
c) Negative Declaration -$ 1,850
d) Environmental Impact Report - $2,550
I:\PLANNINGTINAL\PLNGCOMM\2007 Res&Stf Rpt\SUBTPM18543STDCOND 5-23.doc
Project No.SUBTPM18543
Completion Date
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 theDevelopment
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.
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. 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. All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the
Owners' 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.
7. 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.
I:\PLANNINGTINAL\PLNGCOM2007 Res&Stf Rpt\SUBTPM78543STDC0ND 5-23.doc