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HomeMy WebLinkAbout04-45 - Resolutions RESOLUTION NO. 04-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16480, A SUBDIVISION OF 2 EXISTING PARCELS INTO 14 PARCELS ON 26.13 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND SPRUCE AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-422- 26 AND 70. A. Recitals. 1. Lewis Retail Centers, filed an application to subdivide Tentative Parcel Map SUBTPM16480, 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 27th day of April 1988, the Planning Commission of the City of Rancho Cucamonga approved an associated application, Conditional Use Permit 88-12, authorizing the development of a 71-acre shopping center on the subject site. 3. On the 28th day of April 2004, 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 public hearing on April 28, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the existing Terra Vista Town Center shopping center at the northwest comer of Foothill Boulevard and Spruce Avenue, with a total street frontage on Foothill Boulevard of approximately 1,200 feet, and a total street frontage along Spruce Avenue of approximately 523 feet. All street frontages have been improved with curb and gutter, sidewalk, street trees, and streetlights; and b. The property to the northeast of the subject site is undeveloped within the Terra Vista Community Plan, and is in the High Density residential category. The property to the south is developed within the Industrial Park District, including office, restaurant, and commercial uses. The property to the northwest and west are developed portions of Terra Vista Town Center, which was developed within the Community Commercial District of the Terra Vista Community Plan. The property east of the site is also developed within the Community Commercial District of the Terra Vista Community Plan, with retail and restaurant uses, within a center known as Town Center Square; and PLANNING COMMISSION RESOLUTION NO. 04-45 SUBTPM16480 — LEWIS RETAIL CENTERS April 28, 2004 Page 2 C. The application proposes the subdivision of land within an existing retail shopping center known as Terra Vista Town Center, which includes a variety of restaurant and retail uses which are permitted within the Community Commercial District of the Terra Vista Community Plan. 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 tentative parcel map 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. The tentative parcel map, togetherwith 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. The tentative parcel map complies with each of the applicable provisions of the Development Code. 4. Through the preparation-of an Initial Study, this action has been determined to be within the scope of the supplement to the Terra Vista Community Plan Environmental Impact Report(EIR) (State Clearinghouse No. 81082808)that was certified by the City Council on February 16, 1983,and a Negative Declaration has been prepared for Planning Commission consideration. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration, and incorporated herein by this reference, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That no significant adverse environmental effects will occur. 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 Initial Study and Negative Declaration 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 the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning 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 COMMISSION RESOLUTION NO. 04-45 SUBTPM16480— LEWIS RETAIL CENTERS April 28, 2004 Page 3 Planning Department 1) Covenants, Conditions, and Restrictions (CC&Rs) shall be prepared (or amended) to address such issues as: Reciprocal ingress and egress, reciprocal parking, property maintenance standards and landscaping standards, and adherence to the Uniform Sign Program, in order to ensure coordinated long term maintenance of the shopping center. The CC&Rs shall be reviewed and approved by the Planning Division and the City Attorney prior to map recordation. 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 approval. 3) 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 attorneys 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 this own expense in the defense of any such action but such participation shall not relieve the applicant of his obligations under this condition. Fire Protection/Construction Services and Building and Safety Department 1) A licensed architect must submit to the Building and Safety Division, who will route a set to Fire Construction Services, a complete allowable area/protection of exterior walls and opening protection analysis. The analysis must be on scaled drawings, which clearly indicate the following: a) The square footage, the occupancy, use, number of stories, occupancy walls, area separation walls, fixed fire protection equipment, and the construction type of each building. b) The setback dimension on all sides of the building must be noted. c) The construction fire rating of the exterior walls and openings parallel to the property lines. d) A code comparison chart of the allowable areas, allowable increases, and actual areas. e) Provide at least three complete sets for review. f) The location of all proposed easements. g) The location of all existing fire hydrants, Fire Department connections, fire line detector checks, and post control valves. PLANNING COMMISSION RESOLUTION NO. 04-45 SUBTPM16480- LEWIS RETAIL CENTERS April 28, 2004 Page 4 h) The location of all the existing Fire Department access roads. i) The proposed documents to be recorded for access and water supply easements and reciprocal agreements. Reciprocal agreements must also include any electrical installations and overhead fire sprinklers. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF APRIL 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 'Z-j� '/"' - Rich Macias, Chairman ATTEST: rad 8 , Secre 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 28th day of April 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: McNIEL