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Home My WebLink About21-11 ResolutionRESOLUTION NO. 21-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT19996, A REQUEST TO CONVERT AN EXISTING 13,984- SQUARE FOOT OFFICE BUILDING ON A 1-ACRE PARCEL OF LAND INTO 8 OFFICE CONDOMINIUM UNITS AND SHARED COMMON AREAS IN THE MIXED USE (MU) DISTRICT AND PLANNING AREA VIII OF THE EMPIRE LAKES SPECIFIC PLAN, LOCATED AT 9353 FAIRVIEW PLACE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-082-69. A. Recitals. 1. The applicant, Nader Qoborsi, filed an application for Tentative Tract Map SUBTT19996, as described in the title of this. Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map is referred to as "the application." 2. On February 24, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application. 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 the Planning, Commission during the above -referenced public hearing on February 24, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: b. The application applies to property located within the City; and C. The application applies to an existing 13,984-square foot office building on a 1-acre parcel located in the Mixed Use (MU) District and Planning Area VIII of the Empire Lakes Specific Plan; and d. The existing land uses on, and General Plan land use and zoning designations for, the project site and the surrounding properties (relative to the above -noted parcels) are as follows: Land Use General Plan Zoning Site Two -Story Office Building Mixed Use Mixed Use (MU) District* North Two -Story Office Building Mixed Use Mixed Use (MU) District* PLANNING COMMISSION RESOLUTION NO.21-11 TENTATIVE TRACT MAP SUBTT19996 — NADER QOBORSI February 24, 2021 Page 2 South One -Story Office Building Mixed Use Mixed Use (MU) District* East One -Story Office'Building Industrial Park Industrial Park (IP) District West Multi -Family Residences Mixed Use Mixed Use (MU) District* * Empire Lakes Specific Plan(Planning Area VIII e. The applicant proposes to subdivide the existing 13,984 square foot office building on Parcel 2 of Parcel Map 16238 into 8 suites with a separate property title for each unit. The owner of each unit will also have an undivided interest in the common area of the building consistent with the provisions of the California Condominium Act; and f. Ownership of all 8 suites will remain under the ownership of the current property owner for the time being. The current owner does not have plans to sell off the individual units but may do so in the future. In the event of a sale, the current owner intends to give notice to tenants prior to the sale of individual units. The current owner also intends to give tenants the right to purchase the occupied unit prior to offering the unit to the general public; and g. No physical changes are being proposed to the site or the building. The parking. for the site will be maintained as existing. Parcel #2 includes 54 parking spaces. There is a shared parking common area maintenance agreement between the three office buildings that make up Parcel Map 16238. 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. That the tentative parcel map is consistent with the General Plan and Development Code. The General Plan designates the project site as Industrial Park. The Development Code designates the project site as Mixed Use (MU) District. The Mixed -Use land use designation permits a wide range of activities that includes office uses. The proposed project is for the conversion of an existing commercial office building into individual suites for condominium purposes. The building will be subdivided into 8 office condominium suites with a separate property title for each unit. The owner of each unit shall also have an undivided interest in the common areas of the building and of the site as consistent with the provisions of the California Condominium Act. No physical changes are being proposed to the site or the building. The existing office use is consistent with the Mixed -Use land use as designated in the General Plan. b. The design or improvements of the tentative parcel map is consistent with the General Plan and Development Code. The project proposes no physical changes to the site or the building. All site improvements, including parking and landscaped areas, are designed to be consistent with the office use and are consistent with the Mixed -Use land use as designated in the General Plan and Development Code zoning designation. PLANNING COMMISSION RESOLUTION NO.21-11 TENTATIVE TRACT MAP SUBTT19996 — NADER QOBORSI February 24, 2021 Page 3 C. The site is physically suitable for the type of development proposed. The project site is currently occupied by a commercial office building and designated by the General Plan and Development Code for commercial office use. No physical changes are being proposed to the site. The site will continue to operate as existing. d. The site is physically suitable for the proposed development. The project site is currently occupied by a commercial office building and designated by the General Plan and Development Code for general commercial office use. No physical changes are being proposed to the site. The site will continue to operate as existing. e. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat. The proposed project is only for the subdivision of the project site into separate ownership for 8 office condominium suites. No building construction is proposed in conjunction with this tentative parcel map. No environmental impacts are expected. f. The tentative parcel map is not likely to cause serious public health problems. The proposed project is only for the subdivision of the project site into separate ownership for 8 condominium suites. No building construction is proposed in conjunction with this tentative parcel map. No health impacts are expected. g. The design of the tentative parcel 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. All existing public easements will be retained as existing and direct access to all easement areas from the public right-of-way will be maintained. Ownership rights over units within the building and over common areas will not supersede existing easement rights for public access onto the site. 4. Pursuant to the California Environmental Quality Act ("CEQA"), the Planning Commission finds that the project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 — Existing Facilities, as the project involves the subdivision of airspace for an existing commercial office building into common interest ownership where no physical changes occur. The Planning Commission finds that there is no substantial evidence that the project will have a significant effect on the environment. 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 in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO.21-11 TENTATIVE TRACT MAP SUBTT19996 - NADER QOBORSI February 24, 2021 Page 4 APPROVED AND ADOPTED THIS 24TH DAY OF FEBRUARY 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Z �-� Tony Guglielmo, Chairman ATTEST: dom D . PC ddNj-'� Anne McIntosh, AICP, Secreta� I, Anne McIntosh, AICP, 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 24th day of February 2021, by the following vote -to -wit: AYES: COMMISSIONERS: OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: RECUSE: COMMISSIONERS: GUGLIELMO