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HomeMy WebLinkAbout14-21 - Resolutions RESOLUTION NO. 14-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19532, A REQUEST TO SUBDIVIDE A PARCEL OF ABOUT 77,028 SQUARE FEET (1.77 ACRE), THAT IS CURRENTLY DEVELOPED WITH TWO (2)COMMERCIAL BUILDINGS, INTO TWO(2) PARCELS OF 49,078 SQUARE FEET AND 27,950 SQUARE FEET (PARCELS 1 AND 2, RESPECTIVELY)WITHIN THE GENERAL INDUSTRIAL (GI) DISTRICT, LOCATED AT 8545 ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0229-141-15. A. Recitals. 1. J.E. Guzman, on behalf of Smash, LLC, filed an application for the approval of Tentative Parcel Map SUBTPM19532, 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 11th day of June 2014, 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 June 11, 2014, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a commercial center located at the southeast corner of Arrow Route and Etiwanda Avenue at 8545 Etiwanda Avenue; and b. The shopping center has an overall area of approximately 77,028 square feet (1.77 acre) and overall dimensions of the project site are approximately 284 feet(east to west) by approximately 300 feet (north to south); and C. The shopping center is comprised of an auto service court (2,900 square foot gas station with a convenience store and carwash) and a fast food restaurant of 1,800 square feet; and d. The zoning of the properties to the east and south are General Industrial (GI) District. The zoning of the property to the north is Medium (M) Residential, Etiwanda Specific Plan (South Overlay). The zoning of the property to the west is Heavy Industrial (HI) District; and e. The application contemplates the subdivision of the subject parcel into two (2) parcels of 49,078 square feet and 27,950 square feet (Parcels 1 and 2, respectively); and f. The applicant does not propose any physical changes to the site such as modifications to the parking lot, landscaping, or vehicular access/circulation. As the site is fully developed, new construction of a building or installation of new minor improvements such as parking lot lights are not proposed. PLANNING COMMISSION RESOLUTION NO. 14-21 SUBTPM19532—J. E. GUZMAN FOR SMASH, LLC June 11, 2014 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 into two parcels and is consistent with the development district of the project site; and 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 into two parcels — no development of the site is proposed; and 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 design and development standards and policies of the Planning Commission and the City. 4. The Planning Department staff has determined that the project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 — Minor Land Divisions - as the proposal is to subdivide the property into four parcels or less, is in conformance with the General Plan and zoning designations, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. In addition,there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption,and based on its own independent judgment, concurs in the staffs determination of exemption. 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 to subdivide a Parcel of approximately 77,028 square feet (1.77 acre), that is currently developed with two (2) commercial buildings, into two (2) parcels of 49,078 square feet and 27,950 square feet (Parcels 1 and 2, respectively)within the General Industrial (GI) District, located at 8545 Etiwanda Avenue -APN: 0229-141-15. 2) Approval of this request shall not waive compliance with any sections of the Development Code, the Victoria Planned Community, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 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 access, parking, and maintenance of the parking lot and associated areas within the shopping center. Statements noting these agreements, easements, etc. shall be included on the Final Map. PLANNING COMMISSION RESOLUTION NO. 14-21 SUBTPM19532 —J. E. GUZMAN FOR SMASH, LLC June 11, 2014 Page 3 4) Any proposals for development within the project site shall require the review and approval of the City's Planning Department prior to construction and/or installation. 5) A reciprocal agreement is required for the maintenance and use of the on-site fire protection (fire hydrant). 6) All Conditions of Approval for Conditional Use Permit DRC2006-00580 shall apply. . 7) All signs shall comply with Chapter 17.74(Sign Regulations for Private Property) of the Development Code and Uniform Sign Program #213. No additional ground or mounted signs shall be allowed by virtue of this subdivision. Engineering Services Department 1) Provide reciprocal access easement ensuring access between parcels and cross lot drainage easement. 2) The final parcel map shall be submitted for review and approval. Plan check fees will be required and determined at the time of submittal. a) Monumentation cash deposit and printing fees will be required prior to approval of the map. Building and Safety Services (Grading) Department 1) Prior to the recordation of the Parcel Map the applicant shall provide to the Building Official (or his designee) a copy of the approved project Covenants, Conditions, and Restrictions(CC&Rs) describing the inspection and maintenance responsibilities of the storm water treatment devices (WQMP BMPs)as required per the current adopted MS4 Permit. The Building Official (or his designee) shall file the approved CC&Rs in the Water Quality Management Plan prepared for City of Rancho Cucamonga PMT2008-03298 on file in the Engineering Services Department, Environmental Programs Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11 TH DAY OF JUNE 2014, PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA n - , / d� BY: Frances Howdyshell, Chairman ATTEST: 0,ja�, Candyc ur e , Secretary PLANNING COMMISSION RESOLUTION NO. 14-21 SUBTPM19532 —J. E. GUZMAN FOR SMASH, LLC June 11, 2014 Page 4 I, Candyce Burnett, Secretary of the Planning Commission for 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 11th day of June 2014, 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#: SUBTPM19532 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: J.E. GUZMAN FOR SMASH, LLC LOCATION: 8545 ETIWANDA AVENUE -APN: 0229-141-15 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. 14-21 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 X 1 Project No. SUBTPM19532 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