Loading...
HomeMy WebLinkAbout2021-093 - Resolution RESOLUTION NO. 2021-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM20164, A REQUEST TO SUBDIVIDE A 2.33 ACRE PROJECT SITE INTO TWO (2) PARCELS OF LAND LOCATED WITHIN THE NEO- INDUSTRIAL (GI) DISTRICT ON PROPERTY ADDRESSED 8768 ARCHIBALD AVENUE LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 9T" STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0209-032-35 A. Recitals. 1. Grant Ross, for Orbis Real Estate Partners, filed an application for the issuance of SUBTPM20164, 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 24th day of February 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. The application is being processed concurrently with a request for a Tentative Parcel Map SUBTPM20164 and a Minor Design Review DRC2020-00138. 4. At the February 24, 2021 public hearing, after deliberating on the facts of the project, the Planning Commission denied a request for off-sale beer and wine sales relative to Conditional Use Permit DRC2020-00087 and recommended that the City Council deny a request for Public Convenience or Necessity (DRC2020-00459) related to the request for the Type 20 alcohol license. At the February 24, 2021 hearing, the Planning Commission also directed City staff and the applicant to consider improvements to project and return at a later date for consideration of the remaining entitlements. 5. On May 4, 2021, the Planning Department received a written statement from the applicant indicating their desire to withdraw a request for a determination of Public Convenience or Necessity related to the request for off-sale beer and wine sales. 6. On the May 12, 2021, the Planning Commission of the City of Rancho Cucamonga considered the remaining entitlements of the development application and voted to approve the project by a vote of 3 in favor and 2 against. 7. On May 19, 2021, the City Council of the City of Rancho Cucamonga voted to appeal the Planning Commission's approval by a vote of 4 in favor and 1 against, in order further analyze the project and consider questions which were raised at the May 12, 2021 Planning Commission meeting. 8. On July 7, 2021, the City Council of the City of Rancho Cucamonga held a public hearing to in appeal of the Planning Commission's decision. After taking testimony from staff, the applicant's representative and the public, the City Council voted to deny the Conditional Use Permit and Minor Design Review related to the application but approve the subject Tentative Parcel Map by a vote of 4 in favor and 1 against and directed staff to return with resolutions as appropriate at a later meeting. Resolution No. 2021-093— Page 1 of 5 1 9. On August 4, 2021, the City Council adopted a Resolution approving Tentative Parcel Map SUBTPM20164 subject to certain conditions of approval. 10. Following the August 4, 2021 City Council meeting, it was discovered that the conditions included with Resolution 2021-084 regarding the approval of SUBTPM20164 were incorrect and not applicable to the subject project. 11. The prior Resolution (2021-084) is hereby rescinded and this resolution, including the conditions, replaces and supersedes the prior resolution. 12. On September 1, 2021, the City Council adopted a Resolution approving Tentative Parcel Map SUBTPM20164 subject to certain conditions of approval. 13. 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 City Council 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 Council during the above- referenced public hearing on July 7, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The subject 2.33-acre (101,495 square foot) project site is located at the southwest corner of Archibald Avenue and gth Street on property addressed 8768 Archibald Avenue (APN: 0209-032-35). The northern portion of the site is largely vacant while the southern portion is improved with an existing multi-tenant commercial building and related improvements (parking, drive aisles, landscaping); and b. The site is generally at-grade with Archibald Avenue and 9th Street and is void of any trees. The street frontage along Archibald Avenue is improved with curb, gutter and sidewalk and the 9th Street frontage is improved with curb and gutter. Neither frontage is currently improved with streetlights; and G. The applicant has requested the subdivision of the subject project area to create two new parcels: Parcel 1, totaling 1.68 acres and Parcel 2, totaling 0.65 acres. Parcel 1 will remain vacant, and Parcel 2 will remain improved with the aforementioned multi-tenant industrial building and related parking and landscaped areas; and d. The existing land use, and General Plan and Zoning designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning Site Multi-tenant General Industrial Neo-Industrial (NI) commercial/industrial District Resolution No. 2021-093— Page 2 of 5 North Commercial General Industrial Neo-Industrial (NI) District South Commercial/Office General Industrial Neo-Industrial (NI) District West Commercial General Industrial Neo-Industrial (NI) District East Multi-Family Residential Medium Residential Medium (R) Residential District e. The applicant's corresponding request for a Minor Design Review and Conditional Use Permit to construct a 14-pump service station with a 3,180 square foot canopy and a 6,600 square foot commercial building which included a 4,595 square foot convenience store, a 2,005 square foot restaurant, and a 3,600 square foot covered patio was denied by the City Council on July 7, 2021; and 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting 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 map is consistent with applicable general plan and specific plans. The General Plan designates the project site as General Industrial which permits the widest possible range of light and medium industrial, as well as limited commercial, activity. The proposed project is for the subdivision of the site into two parcels. No physical changes are being proposed to the site. b. The design or improvements of the tentative parcel map will be consistent with the General Plan, Development Code, and any applicable specific plans. The project proposes no physical changes to the site. Any necessary public improvements (i.e. installation of public street trees), will be required to meet all city standards; and C. The site is physically suitable for the type of development proposed. No physical changes are being proposed to the site; 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. The proposed project is for the subdivision of the project site into two parcels. No building or construction is proposed in conjunction with this tentative parcel map. No environmental impacts are expected. e. The tentative parcel map is not likely to cause serious public health problems. The proposed project is only for the subdivision of the project site into two parcels. No building or construction is proposed in conjunction with this tentative parcel map. No health impacts are expected. 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. The subject property does not contain any easements that would limit access to or use of the project site. 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 Resolution No. 2021-093— Page 3 of 5 Guidelines. The project qualifies under as a Class 15 exemption under State CEQA Guidelines Section 15315 — Minor Land Divisions, as the project includes the subdivision of an existing parcel into two new parcels where no physical changes occur. The City Council finds that there is no substantial evidence that the project will have a significant effect on the environment. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this City Council hereby approves Tentative Parcel Map SUBTPM20164, subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a)certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, Grant Ross, at the address identified in City records. Resolution No. 2021-093— Page 4 of 5 PASSED, APPROVED, and ADOPTED this 1st day of September 2021. v be"'N'nig Michael, Mayor ATTEST: OWW'I't A* - nice C. Reynolds, Cit Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 1 st day of September 2021. AYES: Hutchison, Kennedy, Michael, Scott NOES: None ABSENT: Spagnolo ABSTAINED: None Executed this 2"d day of September, 2021, at Rancho Cucamonga, California. nice C. Reynolds, City Clerk Resolution No. 2021-093— Page 5 of 5