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HomeMy WebLinkAboutReso 24-01RESOLUTION NO. 24-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM20642, A REQUEST TO CONSOLIDATE FIVE (5) PARCELS OF LAND INTO ONE (1) PARCEL TOTALING 5.2 ACRES WITHIN THE NEO-INDUSTRIAL (NI) ZONE, LOCATED ON THE SOUTH OF WHITTRAM AVENUE BETWEEN ETIWANDA AVENUE AND HICKORY AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF — APN'S: 0229-162-04, -05, -11, -12, AND -13 A. Recitals. 1. Patriort Partners has filed an application for the approval of Tentative Parcel Map SUBTPM20642, 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 24th day of January 2024, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 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 January 24, 2024, including written and oral staff reports, togetherwith public testimony, this Commission hereby specifically finds as follows: a. The 5.2-acre vacant project site is located on the south side of Whittram Avenue between Etiwanda Avenue and Hickory Avenue; and b. The generally square project site is made up of five parcels of land and has a frontage (width) of about 514 feet along Whittram Avenue and a depth of approximately 516 feet from north to south. The Whittram Avenue frontage is currently not improved with curb, gutter, and sidewalks but has been conditioned to install the missing public improvements as part of the related Design Review conditions of approval (DRC2022-000156); and C. The existing General Plan Land Use and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan I Zoning site Vacant Neo Industrial Employment District Neo Industrial (NI) PLANNING COMMISSION RESOLUTION NO. 24-01 SUBTPM20642 — PATRIOT PARTNERS January 24, 2024 Page 2 North Trucking Firm Neo Industrial Employment Neo Industrial (NI) District South Rail Line Industrial Employment Industrial Employment (IE) District East Vehicle Dismantling Neo Industrial Employment Neo Industrial (NI) District West Vacant Land/ Neo Industrial Employment Neo-Industrial (NI) Miscellaneous Uses District d. The subject tentative map is related to Design Review DRC2022-00156 and Conditional Use Permit DRC2023-00142 for the construction and operation of an 86,194-square- foot warehouse/distribution building; and e. Tentative Parcel Map SUBTPM20642 is forthe consolidation ofthe 5.2 project site into one parcel of land. 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 tentative map will consolidate 5 parcels totaling 5.2 acres of land into one parcel for the development of an 86,392-square-foot industrial building and is consistent with the Neo Industrial Employment District General Plan land use designation and the Neo Industrial (NI) zoning designation, which both permit the development of industrial buildings. 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 tentative parcel map complies with the requirements of the General Plan and Development Code including lot dimensions and lot area as outlined in Development Code Table 17.36.040-1 of the Development Code. Additionally, the related industrial building approved on the site complies 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 industrial building as it is located in an industrial zone and is surrounded by industrial development; 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. 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 consolidation of 5 parcels of land into 1 parcel for the development of an industrial building. The original project included environmental studies which demonstrated that the project would not have a significant impact on the environment; and PLANNING COMMISSION RESOLUTION NO. 24-01 SUBTPM20642 — PATRIOT PARTNERS January 24, 2024 Page 3 f. The design of the tentative parcel map will not conflictwith 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 consolidation of 5 parcels of land totaling 5.2 acres into 1 parcel 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 24th DAY OF JANUARY 2024. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA i BY: Bryan Dopp, Chairman 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 24th day of January 2024, by the following vote -to -wit: AYES: COMMISSIONERS: MORALES, BOLING, DANIELS, DIAZ, DOPP NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Aft Conditions of Approval in RANCHO CGCAMGNGA Community Development Department Project #: SUBTPM20642 Project Name: Consolidating 5 Parcels into 1 Location: 13045 WHITTRAM AVE - 022916205-0000 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. All conditions of approval related to Design Review DRC2022-00156 and Conditional Use Permit DRC2023-00142 shall apply to Tentative Parcel Map SUBTPM20642. Standard Conditions of Approval 2. 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. 3. 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. Exhibit E w"" .City°'R° 05 Project #: SUBTPM20642 Project Name: Consolidating 5 Parcels into 1 Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Tentative Parcel Ma ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 4. 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. Exhibit E www.CityofRC.us Printed: 1/10I2024 Page 2 of 2