PC RESOLUTION NO. 20-045
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
POMONA, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 82975 (I'RACTMAP 13200-2019) FOR CONDOMINIUM PURPOSES IN
ASSOCIATION WITH THE DEVELOPMENT OF 152 RESIDENTIAL
UNITS AS WELL AS ASSOCIATED ON-SITE AND OFF-SITE
IMPROVEMENTS ON A PROPERTY LOCATED AT 1442 MURCHISON
A VE. (APN NOS. 8358..035-908, 909,910,911,912,913,914,915,917,918,922,923, 925,926,928,929,935,936,937,938,939,941)
WHEREAS, the applicant, MLC Holdings, Inc., has submitted an application for a Tentative Tract Map (TRACTMAP 13200-2019) for condominium purposes on a property located at 1442 Murchison Ave. (APNNos. 8358-035-908, 909,910,911,912,913,914,915,917,918,922 , 923, 925,926,928,929,935,936,937,938,939,941);
WHEREAS, the subject property is currently located within the C-4 (Highway Commercial) zoning district;
WHEREAS, the subject property has a G~neral Plan Place Type designation of "Urban Neighborhood" and "Activity Center";
WHEREAS, the subject property has a General Plan Transect Zone designation of ''T5" allowing up to 80 dwe11ing units per acre and "T4-A" allowing up to 70 dwelling units per acre; WHEREAS, the proposed project is subject to the provisions of Housing Crisis Act of2019 also known as Senate Bill 330 (SB 330);
WHEREAS, the applicant has concurrently submitted an application for a Conditional Use Permit (CUP 13195-2019) and Major Oak Tree Permit (MAJ OTP 13199-2019); WHEREAS, the Planning Commission of the City of Pomona has, after giving notice thereof as required by law, held a public hearing on December 9, 2020, concerning the requested Tentative Tract Map (TRACTMAP 13200-2019); and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing .
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Pomona, California:
SECTION 1. In compliance with the California Environmental Quality Act (CEQA) guidelines , staff has determined that the proposed project meets the criteria for an exemption under Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning) of CEQA. The proposed project is consistent with the City's General Plan; the proposed project will not result in any ATTACHMENT NO. 2
PC Resolution No. 20-045
Tentative Tract Map No. 82975 (TRACTMAP 13200-2019)
1442 Murchison A venue
peculiar impacts that were not identified as a significant impact under the 2014 General Plan Update EIR (GPU EIR); the project site has no value as habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment that were not identified as significant in the GPU BIR; the proposed project will not result in a potentially significant offsite impact or cumulative impact not discussed in the GPU EIR; the proposed project wi11 not result in a more severe impact due to substantial new infonnation that was not known at the time the GPU BIR; and the site can adequately be served by all required utilities and public services.
Therefore, no further action is required and a Notice ofDetermination (Section 15094) will be filed indicating that the project is eligible for an exemption under CEQA Guidelines Section 15183. The Planning Commission exercising independent judgment finds that the proposed project will not have a significant effect on the environment.
SECTION 2. If any part, provision, or section of this resolution is determined by a court or other legal authority with jurisdiction over the subject matter of this resolution to be unenforceable or invalid, the remainder of the entirety of this resolution shall not be affected and shall continue in full force and effect. To this end, the provisions of this resolution are severable.
SECTION 3. Pursuant to Section 66474 of the California Government Code (Subdivision Map Act) and the City's Subdivision Ordinance, the Planning Commission must make seven findings in order to approve Tentative Tract Map (TRACTMAP 13200-2019). Based on consideration of the whole record before it, including but not limited to, the staff report, public testimony received at the public hearing on this matter, and evidence made part of the public record, the Planning Commission hereby finds as follows:
J. The proposed tentative tract map is consistent with the general plan and applicable specific plan.
The project site is designated as General Plan Place Type Urban Neighborhood, which contemplates residential uses, General Plan Place Type Activity Center, which contemplates parks and other similar uses, as well as Transect Zones T4-A and TS, which allow residential densities of up to 70 dwelling units per acre and 80 dwelling units per acre, respectively. The proposed use and density are consistent the sites' designated General Plan Place Types and Transect Zones. There is no applicable specific plan for the project site.
2. The design or improvement of the proposed subdivision is consistent with the general plan and applicable specific plan.
The design and improvements of the proposed subdivision are consistent with the General Plan in that on-site improvements, such as driveways, sidewalks and drainage facilities will be designed and constructed in accordance with City standards. In addition, the project ATTACHMENT NO. 2
PC Resolution No. 20-045
Tentative Tract Map No. 82975 (TRACTMAP 13200-2019)
1442 Murchison Avenue
design, which is intended for multiple-family residential development, provides for satisfactory pedestrian and vehicular circulation. There is no applicable specific plan for the project site.
3. The site is physically suitable for the type of development.
The site is physically suitable for the type of development proposed in that the property is relatively flat and approximately 7.70 acres in area. The proposed development, which includes 152 residential units as well as associated on-site and off-site improvements, meets the applicable development standards of the R-3 district.
4. The site is physically suitable for the proposed density of development.
The site is physically suitable for the proposed density of development in that the site is designated as General Plan Transect Zones T4-A and TS, which allow residential densities of up to 70 dwel1ing units per acre and 80 dwelling units per acre, respectively. The proposed project density of 20 dwelling units per acre is within the allowable density range.
5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The proposed project will comply with the policies and regulations of the Pomona City Code and General Plan and with all local or regional plans, policies, regulations, and any requirements by the California Department of Fish and Grune or U.S. Fish and Wildlife Service . Based on these factors, the proposed subdivision will not cause substantial environmental damage or injure wildlife or their habitat.
6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.
The design of the subdivision and the type of improvements are not likely to cause serious problems to public health because the building and infrastructure improvements shall be constructed to conform to all City standards. The adopted City standards relating to the Uniform Building Code and Grading Code are designed to protect the public health and welfare and have been approved by the City.
7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.
ATTACHMENT NO. 2
PC Resolution No. 20-045
Tentative Tract Map No. 82975 (TRACTMAP 13200-2019)
1442 Murchison Avenue
Page4 oflO
The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large.
SECTION 4. Based upon the above findings, the Planning Commission hereby approves Tentative Tract Map No. 82975 (TRACTMAP 13200-2019) subject to compliance with all applicable laws and ordinances of the City as well as the addition of the following conditions, violations of which (or failure to complete any of which) shall constitute grounds for revocation of the conditional use pennit or any portion thereof:
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION
1. The subject property shall be developed and/or used in a manner consistent with the project plans reviewed and approved by the Planning Commission on December 9, 2020, and as illustrated in the stamped approved plans dated December 9, 2020. Any major modifications to the approved project plans shall be reviewed and approved by the Planning Commission as part of a modification to the approved plans. Any minor modifications that do not affect the overall intent of the approved project, may be reviewed and approved by the Development Services Manager.
2. This approval shall lapse and become void if the privilege authorized is not utilized within two years from the date of this approval or December 9, 2022, in accordance with Pomona Subdivision Ordinance section 29-49, et seq. The Planning Commission may extend this period not to exceed an aggregate of three years upon receipt of an application for a Time Extension request submitted by the applicant at ]east thirty days before the expiration date of this approval.
3. The project is subject to a twenty day appeal period. Written appeals may be filed with the City Clerk within twenty days by one or more City Counc il members, the applicant, or any person owning property within four hundred feet of the exterior boundary of the applicant 's property. The appeal shall be filed with the City Clerk within twenty days from the date of action by the Planning Commission.
4. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations , mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials , ATTACHMENT NO. 2
PC Resolution No. 20-045
Tentative Tract Map No. 82975 (TRACTMAP 13200-2019)
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officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction . It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense . City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.
5. In case of a violation of any of the conditions of approval and/or City law, the property owner and tenant will be issued a Notice of Correction. If said violation is not remedied within a reasonable period of time and/or a subsequent violations of the conditions ofapproval and/or City law occurs within ninety (90) days of any Notice of Correction, the property owner shall be held responsible to reimburse the City for all staff time directly attributable to enforcement of the conditions of approval and/or City law, including , but not limited to, revocat ion of the herein Tentative Tract Map.
6. Conditions, Covenants, and Restrictions (CC&R s) shall be recorded for this project prio r to the issuance of "Certificate of Occupancies " for the dwellings and prior to the sale of any lot or dwe11ing. At a minimum, the CC&R's shall include provisions that 1) establish a Homeowner's Association (HOA), 2) incorporate conditions 1,4,5, of this Tentative Tract Map and 3) provide reciprocal access easements and facilitate the use and maintenance of the common areas . The CC&Rs shall be submitted to the Planning Division for review prior to the issuance of building pennits. The Applicant shall be responsible for the reimbursement of fees incurred for the City Attorney to review the CC&R' s.
7. The applicant shall make a reduction of all approved resolutions related to the project, which shall be placed on the title sheet of construction plans prior to Plan Check submittal.
PUBLIC WORKS DEPARTMENT
Land development requirements
8. Tentative Tract Map shall conform to the requirements of the Subdivision Map Act and to City Ordinance No. 2779 .
9. The tentative tract map shall be recorded and developed as one tract map, but m ay be developed in phases.
ATTACHMENT NO. 2
PC Resolution No. 20-045
Tentative Tract Map No. 82975 (TRACTMAP 13200-2019)
1442 Murchison Avenue
I 0. All existing and proposed easements for water/sewer/storm drain lines, ingress/egress, footings and traveled ways must be clearly shown on the map; the completion of any/all proposed easement vacations needs to be performed as part of the final map. Prior to recordation, the Applicant/Developer shall demonstrate to the satisfaction of the City Engineer that the proposed subdivision will not unreasonable interfere with the use of any easement holder of property. Any omission or misrepresentation of these documents may require the final map to be resubmitted for further consideration.
Provide copies of all recorded instruments referenced in the easements section pertaining to the project's legal description.
11. Prior to the tract map approval, the Title Company must submit a Final Subdivision Guarantee to the Engineering Department.
12. All subdivisions must have centerline ties and survey property monuments set by a licensed Land Surveyor or a qualified Professional Civil Engineer as shown on the recorded subdivision. All final monuments shall be set by the Engineer/Land Surveyor of record within one year of the final map recordation; adequate monumentation bond is required prior to the final map approval.
13. Prior to the issuance of the first building permit, the final map shall be recorded to reflect the new lot lines, easements and Fire Department access. Mylar copies of the map with the Los Angeles County Recorder's Office official stamp must be submitted to the Engineering Department.
14. Prior to the final map approval, Applicant/Developer shall post security guaranteeing the construction of all public improvements for the proposed subdivision, including but not limited to: sidewalk, curb and gutter, corner ramps, street/alley paving, water, sewer, storm drain and traffic improvements.
15. Owner is responsible for the compliance with the special annual levy assessment derived from the current inclusion of the project site into the City's Street Lighting District and Landscaping Maintenance District. The due assessment levy will be adjusted based on the proposed subdivision. The Developer shall disclose to any future buyers that the property is within the City of Pomona Lighting and Landscaping District and is subject to annual special taxes.
16. Prior to issuance of the building pennits Applicant/Developer is responsible for paying the project's water and sewer connection fees, impact fees for traffic signals and control devices, road and highway improvements, public safety improvements and park and recreation improvements, and shall make proof of payment of the Los Angeles County Sanitation District fees associated with the proposed development.
J 7. Applicant/Developer shall ensure that a property owner 's association is established for the purpose of maintaining all driveways, common areas, private utilities and joint use of parking ATTACHMENT NO. 2
PC Resolution No. 20-045
Tentative Tract Map No. 82975 (TRACTMAP 13200-2019)
1442 Murchison Avenue
and access for the benefit of all individual units. The association documents, including any necessary Covenants, Conditions and Restrictions (CC&Rs) shall be approved by the City Attorney and recorded on the grant deed prior to the issuance of the Certificate of Occupancy.
Public Works Improvements Permit
18. All work in the public right-of-way and City easements is subject to review, approval, and permitting requirements of Public Works Department.
19. Prior to the approval of the final map or the issuance of the offsite improvements pem1its, whichever occurs first, Applicant/Developer shall post surety bonds for all public improvements, including but not limited to: sidewalk, curb and gutter, comer ramp, street paving, traffic, water, sewer, storm drain and traffic improvements.
20. Permittee shall procure and maintain throughout the period of the Permit the following policies of insurance:
a. Commercial General Liability;
b. Automobile Liability;
c. Worker's Compensation as required by the State of California; Note: The Commercial General Liability and the Automobile Liability policies shall include the City of Pomona as additional insured.
21. Permittee shall pay fees associated with and possess the City of Pomona Business License.
22. Changes and additions to the proposed work, including but not limited to detail plans for street improvement work, water plans and/or other work associated with this project and due to Applicant/Developer's or City' s request shall require additional conditions to be completed by the Applicant/Developer.
LOS ANGELES COUNTY FIRE DEPARTMENT
23. Access as noted on the Tentative and the Exhibit Maps shall comply with Title21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky.
24. The Private Driveways proposed as private streets for access throughout the development shall be labeled as "Private Driveway" on the Final Map. The portion of the private driveway intended for fire apparatus access shall be identified as "Fire Lane" on the Final Map. All widths and dimensions shall be clearly delineated with a reciprocal access agreement is required for all private driveways . Compliance required prior to Final Map clearance.
25. Fire hydrant improvement plans for the new required public fire hydrant shall be submitted to the Land Development unit for review and approval prior to the Final Map clearance.
ATTACHMENT NO. 2
PC Resolution No. 20-045
Tentative Tract Map No. 82975 (TRACTMAP 13200-2019)
1442 Murchison A venue
26. All on-site Fire Department vehicular access roads shall be labeled as "Private Driveway and Fire Lane" on the site plan along with the widths clearly depicted on the plan. Labeling is necessary to assure the access availability for Fire Department use. The designation allows for appropriate signage prohibiting parking.
27. Fire Department vehicular access roads must be installed and maintained in a serviceable manner prior to and during the time of construction. Fire Code 501.4
28. A11 fire lanes shall be clear of all encroachments and shall be maintained in accordance with the Title 32, County of Los Angeles Fire Code.
29. The Fire Apparatus Access Roads and designated fire lanes shall be measured from flow line to flow line.
30. Provide a minimum unobstructed width of 26 feet> exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance "clear to sky" Fire Department vehicular access to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building. Fire Code 503.1.1 & 503.2.2
31. Fire Apparatus Access Roads shall be designed and maintained to support the imposed load of fire apparatus weighing 37 ½ tons and shall be surfaced so as to provide all-weather driving capabilities. Fire apparatus access roads having a grade of 10 percent or greater shall have a paved or concrete surface . Fire Code 503.2.3
32. Provide approved signs or other approved notices or markings that include the words "NO PARKING- FIRE LANE". Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be provided for fire apparatus access roads, to clearly indicate the entrance to such road , or prohibit the obstruction thereof and at intervals, as required by the Fire Inspector. Fire Code 503.3
33. A minimum 5-foot-wide approved firefighter access walkway leading from the fire department access road to all required openings in the building's exterior walls shall be provided for firefighting and rescue purposes. Fire Code 504.1
34. Fire Apparatus Access Roads shall not be obstructed in any manner, including by the parking of vehicles, or the use of traffic calming devices, including but not limited to, speed bumps or speed humps. The minimum widths and clearances established in Section 503 .2.1 shall always be maintained . Fire Code 503.4.
35. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, confonning to current A WW A standard C503 or approved equal, and shall be installed in accordance with the 2017 County of Los Angeles Fire Code, Table BI 05 .1
ATTACHMENT NO. 2
PC Resolution No. 20-045
Tentative Tract Map No. 82975 (TRAC1MAP 13200-2019)
1442 Murchison A venue
36. The required fire flow for the public fire hydrants for this project is 3000 gpm at 20 psi residual pressure for 2 hours. Three public fire hydrant(s) flowing simultaneously may be used to achieve the required fire flow. Fire Code 507 .3 & Appendix B 105 .1
37. Install seven (7) new public fire hydrants as indicated on the Site Plan.
38. All required public fire hydrants shall be installed, tested and accepted prior to beginning construction . Fire Code 501.4
39. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction.
40. Establish Covenants, Conditions, and Restrictions (CC&Rs) which grant the Consolidated Fire Protection District of Los Angeles County (Fire District) , or other agencies as agreed to by the Fire District.
41. An approved automatic fire sprinkler system is required for the proposed buildings within this development. Submit design plans to the Fire Department Sprinkler Plan Check Unit for review and approval prior to installation.
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.
PASSED AND APPROVED THIS 9TH DAY OF DECEMBER, 2020
ATTEST:
ANITA D. GUTIERREZ, AICP
PLANNING COMMISSION SECRE ARY
ALFREDO CAMACHO
PLANNING COMMISSION CHAIRPERSON
ATTACHMENT NO. 2
PC Resolution No. 20-045
Tentative Tract Map No. 82975 (TRACTMAP 13200-2019)
1442 Murchison Avenue
APPROVED AS TO FORM:
MAR O A. MAR EZ
DEPUTY CITY ATTORNEY
ST ATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF POMONA )
AYES: Camacho, Kercheval, Urey, Gomez , VanderMolen.
NOES: None.
ABSTAIN: None.
ABSENT: Grajeda, Brown .
Pursuant to Resolution No. 76-258 of the City of Pomona, the time in which judicial review of this action must be sought is governed by California Code of Civil Procedure Section 1094.6 .
ATTACHMENT NO. 2