Loading...
HomeMy WebLinkAboutResolution 2026-010RESOLUTION NO. 2026-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2026-00009, A REQUEST FOR A ONE YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED DESIGN REVIEW (DRC2021-00120) AND TENTATIVE TRACT MAP (SUBTT00024), WHICH ENTITLED A MIXED -USE DEVELOPMENT CONSISTING OF 671 APARTMENT UNITS AND 20,841 SQUARE FEET OF COMMERCIAL SPACE WITHIN THE CORRIDOR 2 (CO2) ZONE, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND MILLIKEN AVENUE AT 11220 FOOTHILL BOULEVARD; APNS: 1077-422-51, -55, -98, -99, 1090-121-38, AND -39. A. Recitals. 1. The Applicant, Lewis Management Corp on behalf of WDCC Milliken West Residential, LLC, filed an application for a time extension of the of Design Review DRC20221-00120 and Tentative Tract Map SUBTT00024, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." 2. On the 8th day of April 2026, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 8, 2026, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The project site consists of approximately 17.2 -acres of vacant land on the northwest corner of Foothill Boulevard and Milliken Avenue at 11220 Foothill Boulevard, bound by Elm Avenue to the west, Milliken Avenue to the east, Church Street to the north, and Foothill Boulevard to the south; and b. The existing Land Use, General Plan, and Zoning designations for the project site and adjacent properties are as follows: Land Use I General Plan I Zoning Site Vacant I City Corridor High I Corridor 2 (CO2) North Multi -family Residential Suburban Medium High Residential --Terra Neighborhood Vista(MN-TV) PLANNING COMMISSION RESOLUTION NO. 2026-010 DRC2026-00009 — Lewis Management Corp on behalf of WDCC Milliken West Residential, LLC April 8, 2026 Page 2 Moderate South Commercial Pads City Corridor High Corridor 2(CO2) East Hospital/Medical City Corridor High Corridor 2 (CO2) ServicesNacant West Commercial Shopping City Corridor High Corridor 2 (CO2) Center c. The previously approved Design Review and Tentative Tract Map were unanimously approved by the Planning Commission on April 27, 2022, permitting a mixed -use development comprising of 671 apartment units and 20,841 square feet of commercial space. A Master Plan was also included in the proposal and was recommended for approval by the City Council. On May 18, 2022, the City Council unanimously approved the Master Plan. The present application requests a time extension for only the Design Review and Tentative Tract Map as the Master Plan is a legislative action and is not subject to the permit expiration period outlined in Section 17.14.090 of the Development Code; and d. A two-year time extension request was unanimously approved by the Planning Commission on March 13, 2024, as the Design Review and Tentative Tract Map were set to expire on April 27, 2024, and April 27, 2025, respectively. The approved time extension request granted both the Design Review and Tentative Tract Map an expiration date of April 27, 2026; and e. The previously approved Design Review and Tentative Tract Map conform to all applicable development standards of the zone at the time of approval and the subject Time Extension conforms with applicable provisions of the Development Code and Subdivision Code, specifically Section 17.14.090 and Section 16.16.170 of the Municipal Code, as the request was submitted no less than 30 days prior to the date of expiration, and the original entitlement findings can be made; and f. The subject application is a request to the extend the approval period for Design Review DRC2021-00120 and Tentative Tract Map SUBTT00024 for one additional year. The time extension is necessary to accommodate financial challenges created by macroeconomic conditions. The expiration date with the approval of Time Extension DRC2026-00009 for both the Design Review and the Tentative Tract Map will be April 27, 2027. 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 previously approved entitlements are consistent with the General Plan in which the site is located. The underlying General Plan Designation is City Corridor High, which comprises of medium -high and high density residential and a broad range of commercial uses, with a density range of 36-60 units per acre. The project proposes a total of 671 apartment units and 20,841 square feet of commercial space with a density of 36 dwelling units per acre, which is consistent with the General Plan vision for this site; and b. The previously approved entitlements are in accord with the objectives of the Development Code and the purpose of the zone in which the site is located in at the time of approval. The project site, at the time of approval, was located within the Mixed Use — Urban PLANNING COMMISSION RESOLUTION NO. 2026-010 DRC2026-00009 — Lewis Management Corp on behalf of WDCC Milliken West Residential, LLC April 8, 2026 Page 3 Corridor (MU-UCR) District, which was an area designated for a mix of residential and nonresidential uses of medium to high intensity, and where a vibrant pedestrian environment and transition in scale to surrounding neighborhoods is achieved. The projects provides for a proper mix of residential and commercial uses, concentrating pedestrian activity and intensity along Foothill Boulevard while transitioning building scale appropriately to the surrounding area; and c. The previously approved development complies with each of the applicable provisions of the Development Code at the time of approval. As permitted within the Development Code, the project was proposed in conjunction with a Mater Plan, which allowed for a coordinated, comprehensive planning of a subarea of the City in order to develop an exceptional project design that cannot be built due to constraints in development standards applicable at the time of approval. The Master Plan was approved to provide flexibility in setbacks and minimum building height, primarily applicable to the walk-up residential units along Church Street and a portion of Milliken Avenue. Aside from these deviations that the Master Plan was approved to accommodate, the project complies with the remaining provisions of the Development Code at the time of approval; and d. The previously approved entitlement, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The vacant project site is approved to be developed with residential units and commercial space, consistent with the General Plan and Development Code applicable at the time of approval as well as with surrounding properties. A Compliance Memorandum was prepared to confirm consistency with the General Plan Program Environmental Impact Report (PEIR), with applicable mitigation measures in place to mitigate any potential environmental impacts. The project will also be subject to the performance standards outlined in Chapter 17.66 of the Development Code. 4. The Planning Department staff determined that the project is not subject to subsequent environmental review per Section 15162 of the California Environmental Quality Act (CEQA), which concludes that no subsequent Environmental Impact Report (EIR) shall be prepared for a project that already has a certified EIR or negative declaration adopted for the project unless the agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: PLANNING COMMISSION RESOLUTION NO. 2026-010 DRC2026-00009 — Lewis Management Corp on behalf of WDCC Milliken West Residential, LLC April 8, 2026 Page 4 a. The project will have one ore more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The project scope is to permit a one-year time extension to both Design Review DRC2021- 00120 and Tentative Tract Map SUBTT00024 that were approved on April 27, 2022, in which a CEQA Section 15183 Compliance Memorandum, dated March 22, 2022, was prepared to determine conformance with the City's certified Program Environmental Impact Report (SCH 2021050261) that was adopted at the time of a comprehensive update to the General Plan on December 15, 2021. Staff evaluation of the compliance memorandum concluded that the project is within the scope of the adopted EIR and that the project will not have one or more significant effects not discussed in the General Plan Update EIR, nor have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed time extension does not raise or generate new environmental impacts not already evaluated in the Compliance Memorandum as it will only extend the expiration date of the already approved and evaluated project and does not propose any further alterations. As such, subsequent environmental review is not required. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves a one-year time extension for Design Review DRC2021-00120 and Tentative Tract Map SUBTT00024 for a new expiration date of April 27, 2027, subject to each and every condition applied to the original approval, set forth below, and in the attached standard conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF APRIL 2026. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: PLANNING COMMISSION RESOLUTION NO. 2026-010 DRC2026-00009 — Lewis Management Corp on behalf of WDCC Milliken West Residential, LLC April 8, 2026 Page 5 A nnifeJ''t1akamura, Secretary I, Jennifer a amurp,JSecretary of the Planning Commission of the City of Rancho Cucamonga, do hereby eJtify th 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 8th day of April 2026, by the following vote -to -wit: AYES: COMMISSIONERS: BOLING, DOPP, MORALES, DIAZ NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval RANCHO cuCAMONGA Community Development Department Project #: DRC2026-00009 Project Name: Harvest at Terra Vista Location Project Type 11290 FOOTHILL BLVD - 109012139-0000 Time Extension -- ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. The Time Extension application authorizes a one-year time extension of a previously approved Design Review (DRC2021-00120) and Tentative Tract Map (SUBTT00024), which entitled a mixed -use development consisting of 671 apartment units and 20,8041 square feet of commercial space within the Corridor 2 (CO2) zone and located at the northwest corner of Foothill Boulevard and Milliken Avenue at 11220 Foothill Boulevard, for a new expiration date of April 27, 2027 for both entitlements; APNs: 1077-422-51, -55, -98, -99, 1090-121-38, and -39. 2. All conditions of approval applied to Design Review DRC2021-00120 and Tentative Tract Map SUBTTO0024 shall still apply. 3. All mitigation measures and conditions of approval outlined in the CEQA Section 15162 Compliance Memorandum, dated March 22, 2022 and prepared for the original entitlement shall still apply. Standard Conditions of Approval 4. 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. www.CityofRC.us Printed; 3/1212026 Page 25 Project #: DRC2026-00009 Project Name: Harvest at Terra Vista Location: 11290 FOOTHILL BLVD - 109012139-0000 Project Type: Time Extension ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 5. 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. Engineering Services Department Please be advised of the following Special Conditions 1. Conditions of Approval: Refer to DRC2021-00120 for applicable conditions of approval. www.CityofRC.us Printed: 3/12/2026 Page 2 of 2 Page 26