HomeMy WebLinkAbout08-33 - Resolutions RESOLUTION NO. 08-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP SUBTPM19091, A PROPOSAL TO SUBDIVIDE TWO
BUILDINGS (UNDER CONSTRUCTION) INTO 16 UNITS FOR
CONDOMINIUM PURPOSES IN THE COMMERCIAL OFFICE (CO)
DISTRICT, SUBAREA 3, LOCATED AT 10165 FOOTHILL BOULEVARD;
AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0208-331-30.
A. Recitals.
1. Loren Phillips and Associates, on behalf of Dr. Rockny Mojabe, filed an application for
the approval of Tentative Parcel Map SUBTPM19091, 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 13th day of August 2008, 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 August 13, 2008, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to two buildings of about 22,000 square feet that are under
construction in the Commercial Office(CO) District, Foothill Boulevard Districts, Subarea 3,located
at 10165 Foothill Boulevard;
b. The office/commercial complex, Development Review DRC2005-00287, was
reviewed and approved by the Planning Commission on April 12, 2006;
C. The application proposes the subdivision of two buildings into sixteen (16)
condominium units;
d. No physical changes to the project site or the buildings are proposed;
e. The subject property has a street frontage along Foothill Boulevard of about
239 feet with an overall depth of about 308 feet;
f. The properties to the north of the subject site, across the street, consist of a variety
of commercial development; the property to the west is a restaurant; the property to the east is a
pre-school; and the properties to the south are developed with single-family residences; and
PLANNING COMMISSION RESOLUTION NO. 08-33
TENTATIVE PARCEL MAP SUBTPM19091 — MOJABE ENTERPRISES, LLC
August 13, 2008
Page 2
g. The properties to the east and west are zoned Commercial Office (CO) District,
Foothill Boulevard Districts, Subarea 3; the properties to the south are zoned Low (L) Residential
District; and the properties to the north are zoned Community Commercial (CC) District,
Foothill Boulevard Districts, Subarea 3; and
h. The subdivision, together with the recommended conditions of approval, meets the
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 proposed 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.
The proposed project is to subdivide two office/commercial buildings that currently under
construction into sixteen (16)units for condominium purposes and is consistent with development in
the vicinity.
b. The proposed Tentative Parcel Map, 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 parcel map will not cause, or require,
a) any physical changes to the project site, b) revisions to the architecture or design of the subject
buildings, or c) any impacts on the surrounding properties.
C. The proposed Tentative Parcel Map 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 is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines
Section 15301 Existing Facilities because the application proposes to subdivide existing structures
into condominium units that will have result in no physical changes to the subject buildings. 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 staff's 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 of two buildings in the Commercial
Office (CO) District, Foothill Boulevard Districts, Subarea 3, at
10165 Foothill Boulevard into sixteen (16) condominium units.
PLANNING COMMISSION RESOLUTION NO. 08-33
TENTATIVE PARCEL MAP SUBTPM19091 — MOJABE ENTERPRISES, LLC
August 13, 2008
Page 3
2) All conditions of approval applicable to Development Review
DRC2005-00287 shall apply.
3) Proposed land uses requiring a Conditional Use Permit,as identified in
Table 17.32.030 of the Development Code, shall require a separate
review and approval by the Planning Director and/or Planning
Commission prior to submittal of documents for plan check and
occupancy.
4) Shared access, parking,and maintenance shall be incorporated in the
project Covenants, Conditions, and Restrictions (CC&Rs).
5) 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 approval prior to approval of any tenant improvement's
related to that modification.
6) Any increase in the number of condominium units shall require the
submittal of a revised parcel map application for review and approval
by the Planning Commission and the City Council.
7) The minimum floor area of each condominium unit shall be 750 square
feet.
8) Each condominium unit shall have direct access to common areas and
facilities such as lobbies, restrooms, elevators, and stairways.
9) Interior improvements including, but not limited to, construction or
relocation of demising walls that separate condominium units and
revisions to the location, size, or layout of common areas and 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) Revise City Street Improvement Plans, Drawing No. 2130, to affect an
approximate 8-foot westward relocation of the Foothill Boulevard Visual
Improvement Plan Route 66 street improvements (the new station of
parkway improvements is available from the Engineering Department).
No plan check fee will be assessed as the relocation is per the request
of the engineer for the development on the opposing side and the
revision is graphically simple. The City has made a preliminary
determination that the relocation can be done without adverse effects
to the development.
PLANNING COMMISSION RESOLUTION NO. 08-33
TENTATIVE PARCEL MAP SUBTPM19091 — MOJABE ENTERPRISES, LLC
August 13, 2008
Page 4
Building and Safety Department
1) The proposed Parcel Map must comply with Rancho Cucamonga
Development Code Sections 17.22.030.A thru E; 17.22.030.G and H.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF AUGUST 2008.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
Richard B. Fletcher, Chairman
ATTEST: "M 0)"
Corkran W. Nicholson, Acting Secretary
I, Corkran W. Nicholson, Acting 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 13th day of August 2008, by the following vote-to-
wit:
AYES: COMMISSIONERS: HOWDYSHELL, MUNOZ, STEWART, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: FLETCHER
u, ... COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: SUBTPM19091
SUBJECT: TENTATIVE PARCEL MAP
APPLICANT: LORN PHILLIPS AND ASSOCIATES FOR DR. ROCKNY MOJABE
LOCATION: 10165 FOOTHILL BOULEVARD -APN: 0208-331-30
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. 08-33, 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 Director hearing:
a) Notice of Exemption - $50 X
b) Notice of Determination -$50
c) Mitigated Negative Declaration - $ 1,926.75
d) Environmental Impact Report- $2,656.75
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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 ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be
located out of public view and adequately screened through the use of a combination of concrete
or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For
single-family residential developments, transformers shall be placed in underground vaults.
6. All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
7. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the
Homeowners' 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. The Homeowners' Association shall submit to the Planning
Department a list of the name and address of their officers on or before January 1 of each and
every year and whenever said information changes.
8. 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. 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.
3. Signs shall be conveniently posted for"no overnight parking" and for "employee parking only."
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4. All operations and businesses shall be conducted to comply with the following standards which
shall be incorporated into the lease agreements for all tenants:
a. Noise Level - All commercial activities shall not create any noise that would exceed an
exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m.and 65 dB during the
hours of 7 a.m. until 10 p.m.
b. Loading and Unloading-No person shall cause the loading,unloading,opening,closing,or
other handling of boxes, crates, containers, building materials, garbage cans, or other
similar objects between the hours of 10 p.m.and 7 a.m. unless otherwise specified herein,
in a manner which would cause a noise disturbance to a residential area.
E. Signs
1. The signs indicated on the submitted plans are conceptual only and not a part of this approval.
Any signs proposed for this development shall comply with the Sign Ordinance and shall require
separate application and approval by the Planning Department prior to installation of any signs.
2. A Uniform Sign Program for this development shall be submitted for Planning Director review and
approval prior to issuance of building permits.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
F. Dedication and Vehicular Access
1. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by
deeds and shall be recorded concurrently with the map or prior to the issuance of building
permits, where no map is involved.
2. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint
maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or
deeds and shall be recorded prior to, or concurrent with, the final parcel map.
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