HomeMy WebLinkAbout07-25 - Resolutions RESOLUTION NO. 07-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP SUBTPM18649,A REQUEST TO SUBDIVIDE BUILDING D
ON PARCEL 4 OF A RECENTLY COMPLETED COMMERCIAL/OFFICE
CENTER OF ABOUT 5.3 ACRES INTO 8 CONDOMINIUM UNITS (THE
OFFICE/COMMERCIAL COMPLEX CONSISTS OF 4 PARCELS BUT ONLY
PARCEL 4 IS SUBJECT TO THIS REQUEST) IN THE INDUSTRIAL PARK
DISTRICT, SUBAREA 7, LOCATED AT THE SOUTHWEST CORNER OF
FOOTHILL BOULEVARD AND MILLIKEN AVENUE; AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 0229-011-98.
A. Recitals.
1. Panattoni Development Company, LLC filed an application for the approval of Tentative
Parcel Map SUBTPM18649, 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 23rd day of May 2007, 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 May 23, 2007, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to Building D on Parcel 4 of a 4-parcel office/industrial
complex in the Industrial Park (IP) District, (Subarea 7), located on the southwest corner of
Foothill Boulevard and Milliken Avenue; and
b. The office/industrial complex was reviewed and approved by the Planning
Commission on August 24, 2005, (Development Review DRC2004-01125) and
January 11, 2006, (Conditional Use Permit DRC2005-00764). The associated parcel map was
reviewed and approved on March 8, 2006, (related file: Tentative Parcel Map SUBTPM17426); and
C. The application proposes the subdivision of Building D on Parcel 4 of Parcel Map
SUBTPM17426 into eight (8) condominium units; and
d. No physical changes to the project site or the buildings are proposed; and
PLANNING COMMISSION RESOLUTION NO. 07-25
SUBTPM18649 — PANATTONI DEVELOPMENT COMPANY, LLC
May 23, 2007
Page 2
e. Parcel 4 has a street frontage along Milliken Avenue of about 288 feet with an
overall depth of about 386 feet; and
f. In relation to the office/commercial complex,the property to the north of the subject
site is vacant, the property to the south is improved with an industrial warehouse building, the
property to the southwest is a warehouse distribution center,the properties to the east are improved
with a commercial center, and the property to the west is vacant; and
g. In relation to the office/commercial complex, the properties to the north are zoned
Community Commercial (CC) District,Terra Vista Community Plan, and the properties to the south,
east, and west are zoned Industrial Park (IP) District, (Subarea 7); and
h. The Planning Commission previously approved a Mitigated Negative Declaration
on April 28, 1999, for the 140-acre Rancho Cucamonga Corporate Park Master Plan, of which this
site is a part. Furthermore, the Planning Commission previously issued a Negative Declaration for
the update of the Rancho Cucamonga Corporate Park Master Plan and Parcel Map SUBTPM15630
on February 13, 2005, of which this site is a part. There have been no substantial changes in the
area to warrant further environmental review; and
i. The subdivision, together with the recommended conditions of approval, meets
development standards for the City of Rancho Cucamonga.
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 consistent with the General Plan, Development Code,
and any applicable specific plans; and
b. The design or improvements of the Tentative Parcel Map is consistent with the
General Plan, Development Code, and any applicable specific plans; and
C. The site is physically suitable for the type of development proposed; and
d. The design of the subdivision is not likely to cause substantial environmental
damage and avoidable injury to humans and wildlife or their habitat; and
e. The Tentative Parcel Map is not likely to cause serious public health problems; and
f. The design of the Tentative Parcel Map 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.
4. Environmental review was completed for this site and the surrounding development and
corresponding Parcel Map SUBTPM15630 approved by the Planning Commission on
April 28, 1999, and February 13, 2005, respectively. The California Environmental Quality Act
(CEQA) provides that once a Mitigated Negative Declaration has been adopted, no further
environmental review is required for subsequent projects within the scope of the Mitigated Negative
Declaration. The proposed development is within the scope of the prior Mitigated Negative
Declaration and Negative Declaration, as the site was always planned for development with a
development of this type and the size and scope have not changed. Accordingly, no further
PLANNING COMMISSION RESOLUTION NO. 07-25
SUBTPM18649 — PANATTONI DEVELOPMENT COMPANY, LLC
May 23, 2007
Page 3
environmental review is necessary. Based upon the facts and information contained in the prior
Mitigated Negative Declaration and Negative Declaration,together with written and oral staff reports,
the Planning Commission finds that there are no substantial changes in the project orthe site and its
surrounding conditions that would require revision to the previous Mitigated Negative Declaration or
Negative Declaration. All environmental mitigation measures from the previously approved and the
updated Master Plan and the parcel map shall apply to this project.
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 of Building D on Parcel of parcel map
SUBTPM17426 into eight (8) condominium units.
2) Shared access, parking, and maintenance shall be incorporated in the
project Covenants, Conditions, and the Restrictions (CC&Rs).
3) Prior to the modification of the boundaries of a unit on the
condominium plan, the applicant shall submit the proposal to the City
for review and the approval prior to approval of any tenant
improvement's related to that modification.
4) Any increase in the number of condominium units shall require the
submittal of a revised parcel map application for review and the
approval by the Planning Commission and the City Council.
5) The minimum floor area of each condominium unit shall be
750 square feet.
6) Each condominium unit shall have direct access to common areas and
the facilities such as lobbies, restrooms, elevators, and stairways.
7) Interior improvements including, but not limited to, construction or
relocation of demising walls that separate condominium units, and the
revisions to the location, size, or layout of common areas and the
facilities such as lobbies, restrooms, elevators, stairways, etc. shall
require review and approval by the City to ensure compliance with all
conditions of approval and applicable building and fire
safety/prevention codes and regulations.
Engineering Department
1) An in-lieu fee for one-forth the cost of future construction of special
pavers within the Foothill Boulevard/Milliken Avenue intersection shall
be paid to the City prior to final map approval.
2) Prepare or amend the existing CC&R's as needed, to explain how
maintenance responsibilities will be shared between the newly created
parcels and the remaining existing parcels of Parcel Map
PLANNING COMMISSION RESOLUTION NO. 07-25
SUBTPM18649 — PANATTONI DEVELOPMENT COMPANY, LLC
May 23, 2007
Page 4
SUBTPM17426. Address the shared Foothill Boulevard access with
the property to the west (SUBTPM18046) as well as with Parcel Map
SUBTPM17426. Discuss maintenance and surface drainage
agreements with the other properties and the shared maintenance
responsibilities for common areas and for the Public right-of-way icons,
landscaping and the bus shelter on Milliken Avenue. Provide a
completed copy to the City Engineering prior to submitting final map for
City Council Approval.
a) Maintenance of BMP's identified in the WQMP shall be
addressed in the project CC&R's.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 23RD DAY OF MAY 2007.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:'
Pam Stewart hairman
ATTEST:
mes R. Troyer, AICP, Secretary
I, James R. Troyer,AICP, 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 23rd day of May 2007, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MUNOZ, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: TENTATIVE PARCEL MAP SUBTPM18649
SUBJECT: TENTATIVE PARCEL MAP - 8 CONDOMINIUM UNITS
APPLICANT: DANJON ENGINEERING
SOUTHWEST CORNER OF FOOTHILL BOULEVARD / MILLIKEN AVENUE PARCEL 4 OF
LOCATION: PARCEL MAP
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. 07-25, 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 of Supervisors and submitted to the Planning Commission Secretary prior
to the Planning Commission or Planning Director hearing:
a) Notice of Exemption -$50
b) Notice of Determination - $50 X
c) Negative Declaration - $ 1,850
d) Environmental Impact Report -$2,550
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Project No.SUBTPM18649
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 City Engineer 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 Director.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. Approval of this request shall not waive compliance with all sections of the Development Code,all
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance.
5. All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the
Owners' Association are subject to the approval of the Planning and Engineering Departments
and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the
issuance of building permits, whichever occurs first. A recorded copy shall be provided to the
City Engineer.
7. All parkways, open areas, and landscaping shall be permanently maintained by the property
owner, homeowners'association,or other means acceptable to the City. Proof of this landscape
maintenance shall be submitted for Planning Director and City Engineer review and approved
prior to the issuance of building permits.
D. Other Agencies
1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location
of mailboxes. Multi-family residential developments shall provide a solid overhead structure for
mailboxes with adequate lighting. The final location of the mailboxes and the design of the
overhead structure shall be subject to Planning Director review and approval priorto the issuance
of building permits.
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