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Home My WebLink About13-41 - Resolutions RESOLUTION NO. 13-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19481, A REQUEST TO SUBDIVIDE A PARCEL OF ABOUT 98,900 SQUARE FEET(2.27 ACRES)THAT IS CURRENTLY DEVELOPED WITH TWO(2) BUILDINGS WITH A COMBINED FLOOR AREA OF ABOUT 26,700 SQUARE FEET INTO THIRTEEN (13) UNITS FOR OFFICE CONDOMINIUM PURPOSES IN THE INDUSTRIAL PARK (IP) DISTRICT LOCATED AT 10801 AND 10803 FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0208-353- 24. A. Recitals. 1. Bonaldo Engineering, on behalf of PV Rancho, LLC, filed an application for the approval of Tentative Parcel Map SUBTPM19481, 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 9th day of October 2013, 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 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 October 9, 2013, including written and oral staff reports, together with public testimony,this Commission hereby specifically finds as follows: a. The application applies to two(2) multi-tenant commercial/office buildings located between Foothill Boulevard and Laurel Street at 10801 and 10803 Foothill Boulevard (Building 1 and 2, respectively); b. The buildings have a combined floor area of about 26,700 square feet and are located on a parcel (APN: 0208-353-24) of about 98,900 square feet (2.27 acres) with general dimensions of about 500 feet (east to west) by about 210 feet (north to south); C. Together with an additional seven (7) buildings located to the west, north, and east of the project site, the subject buildings form part of a larger commercial/office complex. The complex is comprised of seven (7) parcels with a combined area of about 373,000 square feet(8.56 acres) and overall dimensions of about 850 feet (east to west) by about 370 feet (north to south); d. The zoning of the project site and the properties in all directions is Industrial Park (IP) District; e. The application contemplates the subdivision of the subject parcel into thirteen(13) units for condominium purposes; and f. The applicant only proposes the creation of individual units for condominium purposes on a fully developed commercial property and development of the site, i.e. grading, public improvements and/or construction of new buildings is not proposed. PLANNING COMMISSION RESOLUTION NO. 13-41 SUBTPM19481 — BONALDO ENGINEERING FOR PV RANCHO, LLC October 9, 2013 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 proposed subdivision is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The proposed project is to subdivide the property, specifically the office buildings, into thirteen(13)units for condominium purposes—no development of the site is proposed. The underlying General Plan designation is Industrial Park. b. The proposed subdivision, 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 proposed project is to subdivide the property, specifically the office buildings, into thirteen (13) units for condominium purposes— no development of the site is proposed. C. The proposed subdivision complies with each of the applicable provisions of the Development Code. The proposed subdivision meets all standards outlined in the Development Code and the technical and development standards and policies of the Planning Commission and the City. 4. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on May 12, 2004 in connection with the City's approval of Development Review DRC2003-00988 and Tentative Parcel Map SUBTPM16488. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. There have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, not 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. 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 Department 1) Approval is for the subdivision of a parcel of about 98,900 square feet (2.27 acres) that is currently developed with two (2) buildings with a combined floor area of about 26,700 square feet into thirteen (13) units for office condominium purposes in the Industrial Park (IP) District located at 10801 and 10803 Foothill Boulevard; APN: 0208-353-24. 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code,or any other City Ordinances. PLANNING COMMISSION RESOLUTION NO. 13-41 SUBTPM19481 — BONALDO ENGINEERING FOR PV RANCHO, LLC October 9, 2013 Page 3 3) Prior to recordation of the Final Map, the applicant shall submit to the City applicable recorded documentation that establishes, and/or ensures the continuation of, agreements, easements, etc. for the purpose of mutual/reciprocal use, access, parking, and maintenance. Statements noting these agreements, easements, etc. shall be included on the Final Map. 4) Any proposals for development within the project site or the surrounding commercial/office complex shall require the review and approval of the City's Planning Department prior to construction and/or installation. 5) All Conditions of Approval for Development Review DRC2003-00988 and Tentative Parcel Map SUBPMT16488 shall apply. 6) All signs shall comply with Chapter 17.74 (Sign Regulations for Private Property) of the Development Code and Uniform Sign Program #174. No additional ground or mounted signs shall be allowed by virtue of creating the condominium units. Engineering Department 1) The final parcel map shall be submitted for review and approval. Plan check fees will be required and determined at the time of submittal. 2) Reciprocal access easements shall be provided ensuring access to all parcels by CC&R's or by deeds and shall be recorded concurrently with the map. 3) Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives or parking areas shall be provided by CC&R's or deeds and shall be recorded prior to or concurrent with the final parcel map. Fire Construction Services Maintenance and repair responsibilities of the water supply, fire sprinkler and fire alarm systems must be incorporated into the CC&R's of the owner's association. The system must be maintained in accordance with State and Local Laws. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF OCTOBER 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: Candyc urn , Secretary PLANNING COMMISSION RESOLUTION NO. 13-41 SUBTPM19481 — BONALDO ENGINEERING FOR PV RANCHO, LLC October 9, 2013 Page 4 I, Candyce Burnett, 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 bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of October 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBTPM19481 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: BONALDO ENGINEERING FOR PV RANCHO, LLC LOCATION: 10801 AND 10803 FOOTHILL BOULEVARD; APN: 0208-353-24 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (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. Copies of the signed Planning Commission Resolution of Approval No. 13-41 or Approval Letter, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Manager hearing. a) Notice of Exemption -$50 1 Project No. SUBTPM19481 Completion Date 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 Engineering Services Department 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 Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Manager. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. D. SHOPPING CENTERS 1. Graffiti shall be removed within 72 hours. 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 2