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HomeMy WebLinkAbout88-236 - Resolutions RESOLUTION NO. 88-236 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING THE PHASING PLAN FOR CONDITIONAL USE PERMIT NO. 88-12 FOR TERRA VISTA TOWN CENTER, AN INTEGRATED COMMUNITY SHOPPING CENTER ON 71 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD IN THE COMMUNITY COMMERCIAL DISTRICT OF THE TERRA VISTA PLANNED COMMUNITY, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-05, 06, AND 13. A. Recitals. (i ) On April 27, 1988, this Commission adopted its Resolution No. 88-75, thereby approving, subject to specified conditions, a community shopping center on 71 acres of land in the Community Commercial District of the Terra Vista Community Plan. A true and complete copy of said Resolution is attached hereto as Exhibit "A" and is incorporated by this reference. (ii ) Planning Division Condition No. 16 states that "If any phasing is proposed, a phasing plan shall be subject to approval of the Planning Commission prior to issuance of building permits." (iii ) Western Properties has filed an application for the approval of a phasing plan for Conditional Use Permit No. 88-12 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application". (iv) On the 30th of November, 1988, 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. (v) All legal prerequisites 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 substantial evidence presented to this Commission during the above-referenced public hearing on November 30, 1988, 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 northeast corner of Haven Avenue and Foothill Boulevard with a street frontage of ±2,700 feet and lot depth of ±1,440 feet and is presently unimproved; and PLANNING COMMISSION RESOLUTION NO. 88-236 CUP 88-12 - TERRA VISTA TOWN CENTER November 30, 1988 Page 2 (b) The property to the north of the subject site is vacant land, the property to the south of that site consists of an office complex, the property to the east is vacant land and the property to the west is an entertainment/office complex. 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 paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use 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. (b) That the proposed use, 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. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and incorporated herein by this reference. (a) Perimeter landscaping including sidewalk, shall be provided along Haven Avenue, Town Center Drive, Foothill Boulevard and Spruce Avenue at the time of Phase I improvements. (b) The building pad area for Major-2 and adjacent retail shops shall be temporarily irrigated and planted with groundcover if the building permits for Major-2 and adjacent retail shops have not been issued prior to the occupancy of Major- 1 and adjacent retail shops. (c) All conditions of approval as contained in Resolutions 88- 75 and 88-118 shall apply. (d) The existing traffic signal at Haven Avenue and Foothill Boulevard shall be modified and upgraded. (e) Construction shall proceed in conformance with the approved phasing plan attached hereto as Exhibit "B" , and incorporated by this reference, and described, in part, below: PLANNING COMMISSION RESOLUTION NO. 88-236 CUP 88-12 - TERRA VISTA TOWN CENTER November 30, 1988 Page 3 ( 1) Phase I shall include completion of Haven/Foothill corner treatment, including the fountain and trellis, prior to occupancy of Major-1. (2) Buildings "A-1", "A-2", and "B" shall be under substantial construction prior to occupancy of Major-1. (3) Buildings "X" and "Y" shall be submitted for building permits prior to occupancy of Major-1. (4) Buildings "5" and "P" and Pads 1, 2, and 3 shall be under substantial construction prior to occupancy of Major-2. (5) Major-2 and the westerly plaza shall be completed concurrently as Phase II. (6) Building permits for Major-2 and westerly plaza shall be issued prior to occupancy of Major-1. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 30TH DAY OF NOVEMBER, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA a � 4 .. � � I BY: / 1. —rry . c`ie , airman — s -I ATTEST: /� 'rit"ary 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 30th day of November, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, EMERICK, MCNIEL, TOLSTOY NOES: COMMISSIONERS: CHITIEA ABSENT: COMMISSIONERS: NONE r C HievV "A" RESOLUTION NO. 88_75 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 88-12 FOR THE DEVELOPMENT OF AN INTEGRATED COMMUNITY SHOPPING CENTER CONSISTING OF FOUR MAJOR RETAIL BUILDINGS TOTALING 319,000 SQUARE FEET, ADJOINING MALL SHOPS TOTALING 137,395 SQUARE FEET, NINE SATELLITE RETAIL BUILDINGS TOTALING 43,550 SQUARE FEET, TWO SATELLITE OFFICE BUILDINGS TOTALING 27,325 SQUARE FEET, FOUR RESTAURANT PADS, AND A 30,000 SQUARE FOOT THEATER. CONCEPTUAL APPROVAL FOR A DESIGN CENTER CONSISTING OF TEN BUILDINGS TOTALING 195,660 SQUARE FEET. ALL ON 71 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT OF THE TERRA VISTA PLANNED COMMUNITY LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD - APN: 1077-421-05, 06, 13. A. Recitals. (i ) Western Properties has filed an application for the issuance of the Conditional Use Permit No. 88-12 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application" . (ii ) On the 27th of April , 1988, 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. (iii ) All legal prerequisites 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 substantial evidence presented to this Commission during the above-referenced public hearing on April 27, 1988, 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 northeast corner of Haven Avenue and Foothill Boulevard with a street frontage of ±2700 feet and lot depth of ±1440 feet and is presently unimproved; and PLANNING COMMISSY RESOLUTION NO. 88-15 <" RE: CUP 88-12 - '„.STERN PROP. April 27, 1988 Page 2 (b) The property to the north of the subject site is vacant land, the property to the south of that site consists of an office complex, the property to the west is an entertainment/office complex, and the property to the east is vacant land. 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 paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed use is in accord with the objective of the Development Code, the Terra Vista Community Plan and the purposes of the district in which the site is located; and (c) That the proposed use is in compliance with each of the applicable provisions of the Development Code and Terra Vista Community Plan ; and (d) That the proposed use, 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. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, a Negative Declaration was issued on December 9, 1987 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions attached hereto and incorporated herein by this reference. Planning Division (1) Any transformers, service areas or trash enclosures located near the setbacks of Haven Avenue and Foothill Boulevard shall only be considered when they are screened by using a combination of walls, berms and landscaping. PLANNING COMMISSI" RESOLUTION NO. 88-75 RE: CUP 88-12 - 'WcSTERN PROP. April 27, 1988 Page 3 (2) Proposed bus shelters on Haven Avenue and Foothill Boulevard shall either be installed with the street improvements or some time as agreed to by the City Engineer and City Planner, and shall be architecturally compatible to the center. Final designs of the bus shelter shall be submitted for City Planner review and approval prior to issuance of building permit. (3) The courtyards on either side of Major 3 shall have similar design details and content as the retail court near Majors 1 and 2 allowing for changes in shape of the actual courtyard area. Design details of these courtyards shall be included in the final drawings and reviewed and approved by the City Planner prior to issuance of building permits. (4) The roof tile shall be substantially the same as the material sample submitted and installed in a randomly stacked manner. (5) An accent voussoir shall be used on the entries to the major retailers. The location and final material selection shall be to the satisfaction of the Design Review Committee. Samples should be provided for review and approval prior to issuance of building permits. (6) Parking along Haven Avenue and Foothill Boulevard shall be screened by the use of ±3 foot berms and/or low profile walls and shrub massing. (7) The street tree theme along Foothill Boulevard shall include alternating drifts of Platanus racemosa and Platanus acerifolia and shall be indicated on the final landscape plan which is reviewed and approved by the Planning Division prior to issuance of building permits. (8) The promenade must be clearly distinguishable along its entire route through the center. Such items as lighting, street furniture, sidewalk color and pattern, landscape materials, etc. shall be consistent throughout the entire length of the promenade. (9) All courtyard areas shall include the use of accent colors, including various potted plants subject to Design Review Committee approval . PLANNING COMMISSIC RESOLUTION NO. 88-75 RE: CUP 88-12 - hL.;TERN PROP. April 27, 1988 Page 4 (10) The pedestrian colonades at Building "X" and "Y" play an important role in the function of the corner treatment of Haven and Foothill . Wherever feasible, such a colonade shall be incorporated around the two story portions of Buildings "X" and "Y". (11) The proposed four satellite building pad areas are approved in concept only. Future development for each building pad shall be subject to the Development Review/Design Review Process for Planning Commission approval . (12) The design of a Uniform Sign program shall compliment the architectural program. The sign program shall include all on-site signage including monument signs, theater marque, wall signs, directional signage, etc. The Uniform Sign Program shall be subject to approval of the Planning Commission prior to issuance of building permits. (13) All future building pads shall be seeded and irrigated for erosion control . Details shall be included in the landscape and irrigation plan approved by the Planning Division. (14) If the applicant wishes to exceed the maximum light standard height, they may apply for a variance or a Development Code Amendment. (15) All street furniture, including drinking fountains, benches, trash receptacles, etc. shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. (16) If phasing is proposed, a phasing plan shall be subject to approval of the Planning Commission prior to issuance of building permits. (17) Architectural details shall be reviewed by the Design Review Committee prior to issuance of building permits. (18) The site shall be developed and maintained in accordance with the approved site plan which includes architectural elevations, exterior materials and colors, landscaping and grading on file with the Planning Division, the conditions contained herein and Development Code regulations. PLANNING COMMISST RESOLUTION NO. 88-75 (— RE: CUP 88-12 - 'ticSTERN PROP. April 27, 1988 Page 5 (19) Provision for security patrol of the shopping center at least three times per evening, seven days per week between the hours of 10:00 P.M. and 6:00 A.M. , by a licensed private patrol operator. (20) Trash collection shall occur between the hours of 9:00 A.M. and 10:00 P.M. daily. (21) Graffiti shall be removed within 72 hours. (22) The entire site shall be kept free of trash and debris at all times, and in no event shall trash and debris remain for more than twenty- four (24) hours. (23) All operations and businesses shall be conducted to comply with the following standards, which shall be incorporated into the Declaration of Restrictions and Grants of Easements which shall be recorded prior to any lease agreement or lot sale agreements on-site: (a) Noise Levels. All commercial activities shall not create any noise that would exceed an exterior noise level of 60dBA during the hours of 10:00 P.M. to 7:00 A.M. and 65dBA during the hours of 7:00 A.M. to 10:00 P.M. (b) Loading and Unloading - Restrictions apply only to Major 3 and Major 4 and the mall shops connecting them. No person shall cause the loading, unloading, opening, _ closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 P.M. and 7:00 A.M. , unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. (24) The Conditional Use Permit shall be the governing document for the approval of Terra Vista Town Center. Development Review 87-39 shall be considered null and void. Engineering Division ( 1) The existing overhead utilities (telecommunication and electrical , except for the 66 KV electrical ) on the project side of Haven Avenue shall be undergrounded from the PLANNING COMMISSIC'RESOLUTION NO. 88-75 RE: CUP 88-12 - WtSTERN PROP. April 27, 1988 Page 6 first pole on the south side of Foothill Boulevard to the first pole off-site north of Town Center Drive, prior to public improvement acceptance or occupancy, whichever occurs first. The development may request a reimbursement agreement to cover one-half the difference between the undergrounded cost of the utilities (electrical ) on the project side of the street minus those (telecommunications) previously undergrounded on the opposite side of the street. (2) The following options of the Master Plan of Storm Drains shall be constructed with the development: a) Line 1-1 from Deer Creek Channel to Spruce Street; b) Line 1-2 from Foothill Boulevard to Town Center Drive; and c) Line 1-3 from Foothill Boulevard to Town Center Drive (3) Drainage easements for the portions of the Master Plan of Storm Drains not located in public streets shall be provided prior to the issuance of building permits. (4) Traffic signals shall be constructed at the following locations with the ability to coordinate timings prior to occupancy of any buildings: a) Spruce Avenue and Foothill Boulevard; b) Spruce Avenue and Town Center Drive; c) Haven Avenue and Town Center Drive; and d) Main Entrance (opposite Aspen Street) and Foothill Boulevard. (5) The entire expense of constructing the traffic signal at the Main Entrance (opposite Aspen Street) and Foothill Boulevard shall be the responsibility of the developer. The developer shall receive credit and a reimbursement from the Systems Development Fee if approved by the City Council for the other signals. (6) The following streets shall be constructed full width to include curb and gutter on both sides PLANNING COMMISSI0,--"ESOLUTION NO. 88-75 I RE: CUP 88-12 - WL- 1ERN PROP. April 27, 1988 Page 7 of the street. Sidewalk, street lights and parkway landscaping beyond the project boundary may be deferred until development of the adjacent property: a) Spruce Avenue from Foothill Boulevard to Elm Avenue; and b) Town Center Drive from Haven Avenue to Spruce Avenue. (7) The appropriate lines of sight at all driveways shall be plotted on the landscape plans and the landscaping designed so that clear, unobstructed lines of sight are present to the satisfaction of the City Engineer and City Planner. (8) All driveways shall be located as shown on the plans for the approved C.U.P. Openings within the Haven Avenue and Foothill Boulevard medians adjacent to the site will be allowed only at Town Center Drive, Aspen Street, Spruce Avenue, and the Haven/Foothill intersection. All other driveways will be right-turn only. 6. The Deputy Secretary to this Commission -shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF APRIL, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA /2(7(- B . - • '((2- uzan• • . iea, 'ice= airman ATTEST: ad Buller, Deputy Secretary I, Brad Buller, Deputy 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 27th day of April , 1988, by the following vote-to-wit: AYES: COMMISSIONERS: EMERICK, CHITIEA, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BLAKESLEY 9i•ef,•I sead X4S11111110 . ...., HAVEN AVENUE 1 - \ G ' ritei((CI 0 r ■---Ct> / * : • . e-4-00 ' ,‘,\, \ I--o-.-: \s:: , . 1 - :i q.- --,- rg ,11141 114i , . 1. . • . 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