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Home My WebLink About04-85 - Resolutions RESOLUTION NO. 04-85 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE PARCEL MAP NO. SUBTPM16237, A REQUEST TO SUBDIVIDE 9.23 ACRES OF LAND INTO 8 PARCELS FOR THE PURPOSE OF DEVELOPING A COMMERCIAL CENTER IN THE MIXED USE DISTRICT OF THE VICTORIA ARBORS MASTER PLAN, LOCATED AT THE SOUTHEAST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-161-39. A. Recitals. 1. Charles Joseph Associates for Marketplace Partners filed an application forthe approval of Tentative Parcel Map No. SUBTPM16237, 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 14th day of July 2004, 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. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe 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 July 14, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southeast comer of Base Line Road and Day Creek Boulevard with a street frontage of approximately 2,100 feet (along Day Creek Boulevard) and lot depth of 716 feet and which is presently improved undeveloped. b. The properties to the north are single-family homes, the properties to the south are single-family homes under construction, the property to the east is Joseph Filippi Winery, and the property to the west is undeveloped. c. The proposed project with its site design, elevations, and intended use complies with the deign guidelines of the Victoria Arbors Master Plan. d. The proposed project with the Variance conforms to the standards and regulation of the Development Code and the Victoria Arbors Master Plan in terms of setbacks and parking. e. The proposed project is consistent with the General Plan Land Use Designation, the Victoria Arbors Village of the Victoria Community Plan, and Victoria Arbors Master Plan. PLANNING COMMISSION RESOLUTION NO. 04-85 SUBTPM16237 - CHARLES JOSEPH ASSOCIATES/MARKETPLACE PARTNERS July 14, 2004 Page 2 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 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. July 7, 1999, the City Council certified the Environmental Impact Report (State Clearinghouse No. 98041137) as adequate and complete. On December 20,2000, the City Council adopted Facts and Findings and a Statement of Overriding Considerations for approving the Victoria Arbors Land Use entitlements. On March 21, 2001, the City Council approved an addendum to the EIR (State Clearinghouse No. 98041137) for approving the Victoria Arbors Master Plan and the Tentative Parcel Map that created the parcel for the project site. Based on the Initial Study prepared by the City's Environmental Consultant, LSA, Associates, Inc., it was determined that the project described above is within the scope of the certified EIR and addendum. Further, it was determined that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exists and therefore no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared. 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) All conditions of approval for Conditional Use Permit DRC2003-00504 shall apply. 2) The Covenants, Codes & Restrictions (CC&Rs) shall have reciprocal access and parking and maintenance of landscaping and common plaza areas. 3) The "Proposed Methods to Assure High Standards of Operation and Quality of Tenants" revised July 14, 2004, shall be part of the CC&Rs. PLANNING COMMISSION RESOLUTION NO. 04-85 SUBTPM16237 - CHARLES JOSEPH ASSOCIATES/MARKETPLACE PARTNERS July 14, 2004 Page 3 Engineering Division 1) All conditions of approval for Conditional Use Permit DRC2003-00504 shall apply. 2) All pertinent conditions of Tentative Tract 15974, Planning Commission Resolution No. 01-25 and City of Rancho Cucamonga CFD 2001-01 shall apply. 3) Base Line Road frontage improvements shall be installed in accordance with the City"Major Divided Arterial'standards as required; including, but not limited to, curb, gutter, sidewalk, driveway approaches, streetlights, street trees, signing, and striping. 4) The westbound left tum lane on Base Line Road at the easterly driveway is not approved at this time. 5) Provide a separate right tum lane for all driveways on Base Line Road. 6) The lane configuration on Base Line Road shall be 12 feet from the centerline to the south side of the median island; then 12 feet, 11 feet, and 11 feet thru lanes; 5-foot bike lane; and 11-foot bus bay/right tum lane. 7) Relocate or modify traffic signal equipment at Base Line Road and Day Creek Boulevard as required. 8) Day Creek Boulevard frontage improvements shall be installed in accordance with the City"Major Divided Arterial'standards as required; including, but not limited to, curb, gutter, sidewalk, driveway approach, streetlights, street trees, signing, and striping. 9) The lane configuration on Day Creek Boulevard shall be 10-foot and 11-foot left tum lanes; then 11-foot, 11-foot, and 11-foot thru lanes; 5-foot bike lane; and an 11-foot right tum lane. 10) Provide a separate right tum lane for the driveway on Day Creek Boulevard. 11) All drive approaches shall be constructed per City Standard No. 101 Type "C." 12) No pavers will be permitted within the public street right-of-way at any driveway entrance. 13) A traffic signal at Day Creek Boulevard and Madrigal Drive shall be installed and operational prior to occupancy of any buildings. Applicant shall enter into a Traffic Signal Sharing Agreement with the City providing for future reimbursement to Applicant of a portion of the cost PLANNING COMMISSION RESOLUTION NO. 04-85 SUBTPM16237 - CHARLES JOSEPH ASSOCIATES/MARKETPLACE PARTNERS July 14, 2004 Page 4 of the installation attributable to the property on the northwest and southwest corners of the intersection. 14) Madrigal Drive frontage improvements shall be installed in accordance with the City"Collector"standards as required;including, but not limited to, curb,gutter, sidewalk,driveway approach, streetlights, street trees, signing, and striping. 15) The Traffic Impact Analysis fair share traffic mitigation for improvements outside the City limits shall be proportionally paid prior to each final map recordation. Fair share amount for DRC2003-00504 is $18,141.33. 16) A Water Quality Management Plan (W QMP)is required and shall meet the approval of the City Engineer prior to Grading Permit approval. 17) Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50 percent of all wastes generated during construction and demolition are diverted from landfills and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Division when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition project. 18) Provide for a reciprocal driveway access for the property immediately to the east (winery property) so as to allow future development of a 60-foot wide by approximately 230-foot long driveway(with two 25-foot drives divided by 10-foot landscape median),the westerly one-half of which is on the subject property. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Rich Macias, Chairman ATTEST: �f BradSecretary PLANNING COMMISSION RESOLUTION NO. 04-85 SUBTPM16237 - CHARLES JOSEPH ASSOCIATES/MARKETPLACE PARTNERS July 14, 2004 Page 5 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 14th day of July 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: McPHAIL COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: TENTATIVE PARCEL MAP SUBTPM16237 SUBJECT: WINERY ESTATE MARKETPLACE RETAIL CENTER APPLICANT: MARKETPLACE PARTNERS/CHARLES JOSEPH ASSOCIATES LOCATION: SEC BASE LINE ROAD AND DAY CREEK BOULEVARD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACTTHE 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. 2. Approval of Tentative Parcel Map No. SUBTPM16237 is granted subject to the approval of Conditional Use Permit DRC2003-00504 and Variance DRC2004-00522. 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. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the Victoria Arbors Master Plan, and the Victoria Community Plan. SC-1-04 1 is\planning\final\pl ngcomm\subtpm 16237con d7-14.doc Project No.SUBTPM 16237 Completion Date 2. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 3. All parkways, open areas, and landscaping shall be permanently maintained by the property owner,homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. SC-1-04 2