HomeMy WebLinkAboutReso 23-08RESOLUTION NO. 23-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP SUBTPM20034-1, A REQUEST TO SUBDIVIDE A 3.59-
ACRE PROJECT SITE INTO TWO (2) PARCELS OF LAND RELATED TO
THE CONSTRUCTION OF A 72-BED RESIDENTIAL CARE FACILITY
LOCATED WITHIN THE LOW (L) RESIDENTIAL DISTRICT AT THE
SOUTHWEST CORNER OF HAVEN AVENUE AND BANYAN STREET;
AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0201-821-51.
A. Recitals.
1. Flatiron Development Group has filed an application forthe approval of Tentative Parcel
Map SUBTPM20034-1, 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 26h day of April 2023, the Planning Commission of the City of Rancho
Cucamonga conducted a 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 April 26, 2023, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The 3.59-acre vacant project site is located at the southwest corner of Haven
Avenue and Banyan Street. The site is developed with a landscaped parking lot which is currently
being used by the Shepard of the Hills Lutheran Church as overflow parking; and
b. All street improvements including curb, gutter, landscaped parkway, and sidewalks
have been constructed along the Haven Avenue and Banyan Street right-of-way; and
C. The existing General Plan Land Use and Zoning Designations for the project site
and adjacent properties are as follows:
PLANNING COMMISSION RESOLUTION NO. 23-08
SUBTPM20034-1 — FLATIRON DEVELOPMENT GROUP
April 26, 2023
Page 2
Land Use
General Plan
Zoning
Site
Vacant Land
Suburban Neighborhood
Low
Medium
M Residential
North
Existing Church
Suburban Neighborhood
Low
Medium
M Residential
South
Multi -Family
Development
Suburban Neighborhood
Low
Medium
M Residential
East
Single -Family
Residences
Suburban Neighborhood
Low
Medium
M Residential
West
Single -Family
Residences
Suburban Neighborhood
Very Low
Low L
Residential
d. The subject tentative map is related to the construction and operation of a 72-bed
senior memory care facility which was approved by the Planning Commission on November 13,
2019, identified as project case file DRC2017-01011; and
e. SUBTPM20034 was subject to a 3-year timeline pursuant to Municipal Code
Section16.16.160 and which expired on November 13, 2022;
f. Tentative Parcel Map SUBTPM20034-1, which replaces the expired
SUBTPM20034, is for the subdivision of the 3.59 project site into two parcels of land. The
residential care facility will be located on Parcel A (2.86 acres) and will include the senior care
facility along with 42 parking spaces. The current property owner, Shepard of the Hills Lutheran
Church will maintain ownership of Parcel B (.73 acres) which will include 66 parking spaces.
3. Based upon the substantial evidence presented to this Commission during the above -
referenced meeting 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. The proposed subdivision of the 3.59-acre project site into 2
parcels of land is necessary to provide a separate parking lot for the Shepard of the Hills Church,
which is located at the northwest corner of Haven Avenue and Banyan Street. The General Plan
permits land uses within residential districts that are complementary to the surrounding land uses,
such as churches and residential care facilities. The Development Code permits both churches and
residential care facilities within the Medium (M) Zone subject to the approval of a Minor Use Permit.
b. The design or improvements of the tentative parcel map will be consistentwith the
General Plan, Development Code, and any applicable specific plans. The proposed two -parcel
tentative parcel map complies with the requirements of the General Plan and Development Code,
each parcel complies with the 4,000 square -foot minimum lot size outlined in Table 17.36.010-1 B of
the Development Code. Additionally, the approved residential care facility and parking lot comply
with all of the related development standards including building setbacks, lot coverage, height,
parking, and design; and
C. The site is physically suitable for the type of development proposed. The project
site is well suited for the proposed residential care facility as it is located at the intersection of two
public streets, provides two points of vehicle access along with a public transit stop; and
PLANNING COMMISSION RESOLUTION NO. 23-08
SUBTPM20034-1 — FLATIRON DEVELOPMENT GROUP
April 26, 2023
Page 3
d. The design of the subdivision is not likely to cause substantial environmental
damage and avoidable injury to humans and wildlife ortheir habitat. The original project included an
environmental review which demonstrated that the project would not have a significant impact on
the environment; and
e. The tentative parcel map is not likely to cause serious public health problems. The
subdivision of the project site is not expected to cause serious public health issues, as the proposed
tentative parcel map is for the subdivision of the project site into two separate parcels to create a
separate parcel for Shepard of the Hills Lutheran Church to comply with the minimum parking
requirement for the church. The original project included environmental studies which demonstrated
that the project would not have a significant impact on the environment; 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. The subject property does not contain any easements that would limit access to or use
of the project site.
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 as a Class 5 exemption under State CEQA Guidelines Section
15315 — Minor Land Divisions. The project is for the subdivision of 3.59 acres into two parcels of
land. There is no substantial evidence that the project may have a significant effect on the
environment.
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 in
the Conditions of Approval, attached hereto and incorporated herein by this reference.
6. The Secretary to this Commission shall certify the adoption of this Resolution.
APPROVED AND ADOPTED THIS 26th DAY OF April 2023.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
BryA Dopp, Chairman
ATTEST:�o� 4 2
i Matt Mafq ; Secretary
d
I, Matt Marquez, 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 April 2023, by the following vote -to -wit:
PLANNING COMMISSION RESOLUTION NO. 23-08
SUBTPM20034-1 — FLATIRON DEVELOPMENT GROUP.
April 26, 2023
Page 4
AYES: COMMISSIONERS: DOPP, WILLIAMS, MORALES, BOLING, DANIELS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
RECUSE: COMMISSIONERS:
Conditions of Approval
RCommunity HDevelopment Department
Project#: SUBTPM200341
Project Name: Tentative Parcel Map
Location: 6140 HAVEN AVE - 020182151-0000
Project Type: Tentative Parcel Map
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. Shepard of the Hills Lutheran Church at 6080 Haven Avenue (APN: 20182150) maintain ownership of
Parcel B (.73 acres) which will include 66 parking spaces to be used for overflow parking for
church -related uses.
2. All of the Planning and Economic Development Department Conditions of Approval for SUBTPM20034
(Resolution of Approval 19.68) and DRC2017-01011 (Resolution of Approval 19.69) shall apply to this
parcel map (SUBTPM20034-1).
Standard Conditions of Approval
3. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval
provided by the Planning Department. The signed Statement of Agreement and Acceptance of
Conditions of Approval shall be returned to the Planning Department prior to the submittal of
grading/construction plans for plan check, request for a business license, and/or commencement of the
approved activity.
Exhibit E
www.CityofRC.us
Printed : 4/77/2023
Project #: SUBTPM200341
Project Name: Tentative Parcel Map
Location: 6140 HAVEN AVE - 020182151-0000
Project Type: Tentative Parcel Map
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT;
Planning Department
Standard Conditions of Approval
4. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials,
officers, employees, agents, departments, agencies, those City agents serving as independent
contractors in the role of City officials and instrumentalities thereof (collectively "Indemnitees"), from any
and all claims, demands, lawsuits, 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 action of, or any permit or approval issued by, the City and/or any of its
officials, 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 (CEQA), State 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 competent jurisdiction. This
indemnification provision expressly includes losses, judgments, costs, and expenses (including, without
limitation, attorneys' fees or court costs) in any manner arising out of or incident to this approval, the
Planning Director's actions, the Planning Commission's actions, and/or the City Council's actions,
related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit,
action, or other legal proceeding. 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 the 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. In the event such a legal action is filed
challenging the City's determinations herein or the issuance of the approval, the City shall estimate its
expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of
the City, enter into an agreement with the City to pay such expenses as they become due.
5. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption
fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors
and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date
of project approval.
6. 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 Engineering Services Department within 3
years from the date of the approval.
Engineering Services Department
Please be advised of the following Special Conditions
1. All of the Engineering Conditions of Approval for DRC2017-01011 and SUBTPM20034 shall apply to
this parcel map.
www.CityofRC.us
Printed : 4/17/2023 Page 2 of 3
Project#: SUBTPM200341
Project Name: Tentative Parcel Map
Location: 6140 HAVEN AVE - 020182151-0000
Project Type: Tentative Parcel Map
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. -
Fire Prevention / New Construction Unit
Standard Conditions of Approval
1. The fire access / fire lane and fire water mains cross existing property lines, are located on property not
under the control of the applicant or are located on a property that is being or could be subdivided. To
ensure continued Fire District use of and access to, and maintenance as needed, of the fire access /
fire lane and fire water mains, a reciprocal agreement between property owners and the Fire District is
required. The agreement is required to be recorded with the San Bernardino County Recorder. A site
plan showing the location of the fire access / fire lane and fire water mains is required to be included
with the agreement. The agreement is required to be reviewed and approved by the Fire District prior to
recording. Proof of recordation is required to be submitted to the Fire District. A template of this
agreement has been included in Fire District Standard 5-10, which has been uploaded to the
Documents section.
w .CityofRC.us
Pnnted: 4117/2023 Page 3 of 3