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Home My WebLink About03-50 - Resolutions RESOLUTION NO. 03-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE PARCEL MAP 15902, SUBDIVIDING .6-ACRE INTO 4 PARCELS AND 1 LETTERED COMMON LOT IN THE VIRGINIA DARE BUSINESS CENTRE IN THE GENERAL COMMERCIAL DISTRICT, LOCATED ON THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1077-661-18. A. Recitals. 1. G & L Commercial, LLC filed an application for approval of Tentative Parcel Map SUBTPM15902, 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 June 17, 2002, the City Planner of the City of Rancho Cucamonga approved Development Review DRC2002-00308 for the subject property. 3. On the 26th day of March 2003, 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. 4. 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 City Planner of the City of Rancho Cucamonga as follows: 1. The Planning 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 March 26, 2003, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the Virginia Dare Business Centre,a fully developed mixed use complex located on the northwest comer of Foothill Boulevard and Haven Avenue and is presently improved with four office buildings; and b. The property to the north of the subject site is a retail center, the property to the south consists of a mixed use center under construction, the property to the east is a retail center, and the property to the west is Deer Creek Channel followed by industrial; and 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 PLANNING COMMISSION RESOLUTION NO. 03-50 SUBTPM15902—G 8 L COMMERCIAL, LLC March 26,2003 Page 2 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. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations,which have been incorporated into the proposed project, no significant adverse environmental effects will occur. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 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 Division 1) The conditions of approval for Development Review DRC2002-00308, as contained in the City Planner's letter dated June 17, 2002, shall apply. PLANNING COMMISSION RESOLUTION NO. 03-50 SUBTPM15902-G &L COMMERCIAL, LLC March 26, 2003 Page 3 2) Approval of this request shall not waive compliance with any sections of the Industrial Area Specific Plan, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF MARCH 2003. BY: jw" )/� arty T. Niel, Chairman f ATTEST: rad P.W ecre I, Brad Buller, 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 March 2003, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: TENTATIVE PARCEL MAP SUBTPM15902 SUBJECT: SUBDIVISION OF 4 LOTS APPLICANT: G & L COMMERCIAL LOCATION: VIRGINIA DARE CENTRE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (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. 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. SC-01-03 1