HomeMy WebLinkAbout12-09 - Resolutions RESOLUTION NO. 12-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
SUBTPM19355, A REQUEST TO SUBDIVIDE A PARCEL OF ABOUT 158,000
SQUARE FEET (3.53 ACRES)THAT IS CURRENTLY DEVELOPED WITH TWO(2)
COMMERCIAL BUILDINGS AND IS PART OF A SHOPPING CENTER WITH AN
OVERALL AREA OF ABOUT 442,000 SQUARE FEET(9.8 ACRES), INTO TWO(2)
PARCELS OF 2 ACRES AND 1.53 ACRE(PARCELS 1 AND 2, RESPECTIVELY) IN
THE VILLAGE COMMERCIAL (VC) DISTRICT WITHIN THE VICTORIA PLANNED
COMMUNITY, LOCATED AT 12223 HIGHLANDAVENUE;AND MAKING FINDINGS
IN SUPPORT THEREOF - APN: 1089-121-10.
A. Recitals.
1. NL Engineering and Surveying Inc., on behalf of Day Creek Village, LLC, filed an application for
the approval of Tentative Parcel Map SUBTPM19355, 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 25th day of January 2012, 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 January 25, 2012, including written and oral staff reports, together with public testimony,
this Commission hereby specifically finds as follows:
a. The application applies to a shopping center located at the southwest corner of Highland
Avenue and Day Creek Boulevard;
b. The shopping center has an overall area of about 442,000 square feet (9.8 acres) and
overall dimensions of about 930 feet (east to west) by about 430 feet (north to south);
C. The shopping center is comprised of three (3) buildings with a combined floor area of
approximately 82,000 square feet on two(2) parcels. Two(2)of the buildings are multi-tenant buildings—one
of buildings is generally situated at the northeastern part of the shopping center while the other building is
situated along the south property line. These two buildings are located on the same parcel-APN: 1089-121-
10—which has an overall area of about 158,000 square feet (3.53 acres) with general dimensions of about
300 feet (east to west) by about 430 feet (north to south);
d. The third building, a Ralphs supermarket, is at the west side of the shopping center on a
separate parcel -APN: 1089-121-09 -which has an overall area of about 284,000 square feet (6.28 acres)
with general dimensions of about 630 feet (east to west) by about 430 feet (north to south);
e. The specific location of the project site and subject of the application is APN: 1089-121-10;
PLANNING COMMISSION RESOLUTION NO. 12-09
SUBTPM19355— NL ENGINEERING AND SURVEYING, INC. FOR DAY CREEK VILLAGE, LLC
January 25, 2012
Page 2
f. The zoning of the properties to the east and south are, respectively, Low (L) and Low
Medium (LM) Residential Districts. The zoning of the properties to the north is Village Commercial (VC)
District and the zoning of the property to the west is Utility Corridor(UC) District. The subject shopping center
is Village Commercial (VC) District. All properties, including the project site, are within the Victoria Planned
Community;
g. The application contemplates the subdivision of the subject parcel into two (2) parcels of 2
acres and 1.53 acre (Parcels 1 and 2, respectively); and
h. The applicant does not propose any physical changes to the site such as modifications to
the parking lot, landscaping, or vehicular access/circulation. As the site is fully developed, new construction
of, for example, a building or installation of new minor improvements such as parking lot lights are not
proposed.
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 subdivision is in accord with the General Plan, the objectives of the
Development Code, the Victoria Planned Community, and the purposes of the district in which the site is
located. The proposed project is to subdivide the property into two parcels and is consistent with the
development district of the project site;
b. The proposed subdivision, 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 project is to subdivide the property into two parcels — no development of the site is
proposed; and
C. The proposed subdivision complies with each of the applicable provisions of the
Development Code. The proposed subdivision meets all standards outlined in the Development Code, the
Victoria Planned Community, 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 qualifies as a Class 15 exemption
under State CEQA Guidelines Section 15315 — Minor Land Divisions - as the proposal is to subdivide the
property into four parcels or less, is in conformance with the General Plan and zoning designations, no
variances or exceptions are required, all services and access to the proposed parcels to local standards are
available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the
parcel does not have an average slope greater than 20 percent. 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 Staffs 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 a parcel (APN: 1089-121-10) located in a
shopping center with an overall area of about 442,000 square feet (9.8 acres)
PLANNING COMMISSION RESOLUTION NO. 12-09
SUBTPM19355 — NL ENGINEERING AND SURVEYING, INC. FOR DAY CREEK VILLAGE, LLC
January 25, 2012
Page 3
located at the southwest corner of Highland Avenue and Day Creek Boulevard
into two (2) parcels of 2 acres and 1.53 acre (Parcels 1 and 2, respectively).
2) Approval of this request shall not waive compliance with any sections of the
Development Code, the Victoria Planned Community, State Fire Marshal's
regulations, Uniform Building Code, or any other City Ordinances.
3) Prior to recordation of the Final Map, the applicant shall submit to the City
applicable recorded documentation that establishes, and/or ensures the
continuation of, agreements, easements, etc. for the purpose of
mutual/reciprocal access, parking, and maintenance of the parking lot and
associated areas within the shopping center. Statements noting these
agreements, easements, etc. shall be included on the Final Map.
4) Any proposals for development within the project site or the surrounding
shopping center shall require the review and approval of the City's Planning
Department prior to construction and/or installation.
5) All Conditions of Approval for Conditional Use Permit DRC2001-00638 and
Tentative Parcel Map SUBPMT15781 shall apply.
6) All signs shall comply with the City's Sign Ordinance and Uniform Sign Program
#145. No additional ground or mounted signs shall be allowed by virtue of
creating additional lots.
Fire Construction Services
Map Recordation
1) Reciprocal agreements for Fire Department Emergency Access and Water Supply
are required on this project. The project appears to be located on a property that
is being subdivided. The reciprocal agreement is required to be recorded between
property owners and the Fire District. The recorded agreement shall include a
copy of the site plan. The Fire Construction Services shall approve the
agreement, prior to recordation. The agreement shall be recorded with the County
of San Bernardino, Recorders Office.
2) Reciprocal access agreement - Please provide a permanent access agreement
between the owners granting irrevocable and a non-exclusive easement,favoring
the Fire District to gain access to the subject property. The agreement shall
include a statement that no obstruction, gate, fence, building or other structure
shall be placed within the dedicated access, without Fire Department approval.
The agreement shall have provisions for emergency situations and the assessing
of cost recovery to the property by the fire District.
3) Reciprocal water covenant - Please provide a permanent maintenance and
service covenant between the owners granting an irrevocable and non-exclusive
easement, favoring the Fire District for the purpose of accessing and maintaining
the private water mains, valves and fire hydrants (fire protection systems facilities
in general). The covenant shall have provisions for emergency situations and the
assessing of cost recovery to the property by the fire District.
PLANNING COMMISSION RESOLUTION NO. 12-09
SUBTPM19355 — NL ENGINEERING AND SURVEYING, INC. FOR DAY CREEK VILLAGE, LLC
January 25, 2012
Page 4
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 25TH DAY OF JANUARY 2012.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr.,., Chairma
ATTEST: /'Jr - ",Q I
Ja1vs
R. Troyer, AICP, Se retary
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 25th day of January 2012, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: SUBTPM19355
SUBJECT: TENTATIVE PARCEL MAP
APPLICANT: NL ENGINEERING AND SURVEYING, INC. FOR DAY CREEK VILLAGE, LLC
SOUTHWEST CORNER OF HIGHLAND AVENUE AND DAY CREEK BOULEVARD
LOCATION: 12223 HIGHLAND AVENUE -APN: 1089-121-10
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. 12-09, 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. Time Limits
1. This tentative parcel map shall expire, unless extended by the Planning Commission, unless a
complete final map is filed with the Engineering Services Department within 3 years from the date
of the approval.
1
Project No.SUBTPM19355
Completion Date
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, Development Code
regulations, the Victoria Planned Community.
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. 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.
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.
APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SEE RESOLUTION
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