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Home My WebLink About01-24 - Resolutions RESOLUTION NO. 01-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 15641, A REQUEST TO SUBDIVIDE APPROXIMATELY 300.64 ACRES INTO 35 LOTS FOR FINANCING PURPOSES FOR A MIXED USE DEVELOPMENT PROJECT KNOWN AS THEVICTORIA ARBORS, GENERALLY LOCATED SOUTH OF BASE LINE ROAD, WEST OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD, AND EAST OF DAY CREEK CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 227-201-04, 13 THROUGH 18, 22, 28 THROUGH 31, 33, AND 36; 227-161-28, 31, 33, 35, 36, AND 38; 227-171-08, 11, 12, 20, 22, 23, AND 25; AND 227-211-40. A. Recitals. 1. American Beauty Development Company filed an application forthe approval of Tentative Parcel Map 15641 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On July 9, 1999, the City Council adopted Resolution No. 99-148 Certifying the Environmental Impact Report for a development project known as the Victoria Arbors Village as complete and adequate and in compliance with California Environmental Quality Act. On December 20, 2000, the Council adopted Resolutions No. 00-266 and 00-267 and Ordinances No.648 and 649, approving the related General Plan Amendment 98-02, Victoria Community Plan 98-01, Etiwanda Specific Plan 98-01, and approving the Statements of Facts and Findings and Overriding Consideration. Subsequently, the City received a Tentative Tract Map application as described above. 3. On February 14, and continued to February 28, and March 7, 2001, 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. 4. 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 meeting on February 14, and 28, and March 7, 2001, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property generally bounded by Base Line Road to the north, Etiwanda Avenue to the east, Foothill Boulevard to the south, and Day Creek Channel to the west; the site is presently vacant, unimproved land. PLANNING COMMISSION RESOLUTION NO. 01-24 PM 15641 - AMERICAN BEAUTY DEVELOPMENT COMPANY March 7, 2001 Page 2 b. The property to the north of the subject site consists of existing single-family residential and commercial center within the Windrows Village of the Victoria Community Plan; the property to the south consists of vacant, unimproved property with a Regionally Related Commercial designation; the property to the east is vacant, unimproved land with a Low-Medium Density Residential designation within the Etiwanda Specific Plan; and the property to the west consists of the Day Creek Flood Control Channel and Edison utility corridor, and existing single-family residential development commonly referred to as the Rochester Tract with a Low-Medium Density residential designation. 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 Victoria Community Plan and the General Plan. b. That no improvements are proposed with this subdivision, which is intended for financing and conveyance purposes only. C. That the site is physically suitable for the proposed future development. d. That the proposed subdivision will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. 4. Based upon the facts and information contained in the proposed Addendum to the Certified Final EIR entitled "Final Environmental Impact Report Victoria Arbors Village SCH No. 98041137,"togetherwith all written and oral reports, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment based upon the findings as follows: a. That the Addendum to the Certified Final EIR entitled"Final Environmental Impact Report Victoria Arbors Village SCH No 98041137," has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Addendum prepared therefore reflects the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Addendum with regard to the application. b. The Addendum to the Certified Final EIR entitled "Final Environmental Impact Report Victoria Arbors Village SCH No. 98041137' identifies that all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. C. Pursuant to the provisions of Section 753.5(c)of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Addendum to the Certified Final EIR entitled "Final Environmental Impact Report Victoria Arbors Village SCH No. 98041137'for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Addendum,the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning PLANNING COMMISSION RESOLUTION NO. 01-24 PM 15641 - AMERICAN BEAUTY DEVELOPMENT COMPANY March 7, 2001 Page 3 Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d)of Title 14 of the California Code of Regulations. 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. Planning Division 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) This 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. 3) All conditions of approval contained in Ordinance No. 648 for Victoria Community Plan Amendment 98-01 and Ordinance No. 649 for Etiwanda Specific Plan Amendment 98-01 shall apply 4) All Conditions of approval contained in Development Agreement 00-04, Development Review 91-04, and Tentative Tract 15794 shall apply. 5) Master planning will be required for proposed development within any portion of each parcel. The Master Plan shall include, but not be limited to, access, circulation, driveway locations, community greenways and trails, and land use. 6) The approval of Tentative Parcel Map 15641 shall not be effective until the Ordinance approving Development Agreement 00-04 is effective. Engineering Division 1) Dedicate and improve those portions of street rights-of-way within this subdivision as follows: • Day Creek Blvd. • Victoria Park Lane • Victoria Park Loop • Church Street PLANNING COMMISSION RESOLUTION NO. 01-24 PM 15641 - AMERICAN BEAUTY DEVELOPMENT COMPANY March 7, 2001 Page 4 Except that if a Development Agreement is entered into with the City, which stipulates something to the contrary, the Development Agreement shall govern. 2) Change Lot Nos. 9, 27, and 28 to 'lettered lots" and modify the numbering accordingly and offer easements to the City for open space/landscape/trail purposes. APPROVED AND ADOPTED THIS 7TH DAY OF MARCH 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA C BY: La . McNiel, Chairman ATTEST: Brad Bu ecret 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 7th day of March 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE