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Home My WebLink About12-171 - Resolutions RESOLUTION NO. 12-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,DENYING CONDITIONAL USE PERMIT DRC2011-01094, A REQUEST TO CONSTRUCT AND OPERATE A FUNERAL HOME (THAT WILL NOT INCLUDE A CREMATORY, A CEMETERY, NOR CONDUCT EMBALMING)WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES WITHIN THE ETIWANDA AVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1100-031-07. A. Recitals. 1. HMR Architects, on behalf of SCI Funeral Services, Inc., filed an application for the issuance of Conditional Use Permit DRC2011-01094, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On July 25, 2012,the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing and prior to and during the public hearing, staff collected letters, a petition containing opposition to the project and an exhibit depicting various potential alternative locations for the proposed use from the public, all of which have been incorporated into the official record. 3. At the July 25 2012 the Planning Commission noticed public hearing, the Planning Commission received testimony from 33 speakers who for the most part were in opposition of the project. 4. Following the conclusion of said July 25, 2012 public hearing, the Planning Commission directed Planning Department staff to prepare a draft Resolution of Denial for action as a Consent Calendar item at the Planning Commission meeting to be held on August 8, 2012. 5. On August 8, 2012,the Planning Commission of the City of Rancho Cucamonga reviewed the draft Resolution of Denial as a Consent Calendar item and adopted Resolution No. 12-36, thereby denying said application. 6. The Planning Commission's adoption of Resolution No. 12-36 denying the application for Conditional Use Permit DRC2011-01094 was appealed in a timely manner by the applicant to this Council. 7. On November 7, 2012, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 8. 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 City Council of the City of Rancho Cucamonga as follows: 1. This 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 substantial evidence presented to this Council during the above-referenced November 7, 2012 hearing, including written input from the applicant and the public, staff reports, the minutes of the above-referenced Planning Commission meetings, and the contents of Planning Commission Resolution No. 12-36, this Council hereby specifically finds as follows: a. The application applies to a vacant, irregularly-shaped parcel located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street; and b. The parcel is approximately 164,200 square feet(3.77 acres) in area. As part of the proposal, the applicant has submitted a Lot Line Adjustment (Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line. Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south); and C. To the west across Etiwanda Avenue and north across Candlewood Street of the project site, are single-family residences. To the east is the 1-15 Freeway. To the south of the project site are two, small buildings—a post office and an office,while immediately to the northwest of the project site is the historic Cour House; and d. Neither the office buildings, nor the Cour House identified above are part of this project; and e. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use(MU)District, Victoria Planned Community; and f. The proposal is to construct and operate a one-story funeral home of 6,911 square feet. Operations will be limited to the arrangement of services, wakes/visitations, and funerals for the deceased and their families. Pre-funeral services, such as the preparation of the deceased, embalming, and body dressing, and/or post-funeral services,such as cremation and/or burials, are not proposed; and g. The proposed hours of operation are between 8:00 a.m. to 5:00 p.m. (Monday through Friday)and between 10:00 a.m.to 4:00 p.m. (Saturday and Sunday). Evening visitations,if requested, will be conducted between 6:30 p.m. and 8:00 p.m. Funeral services and associated activities are anticipated to occur a maximum of three(3)times per week. The duration of a funeral service will vary; and h. The proposed use is not compatible with the adjacent residential neighborhood in that it has caused and will cause emotional stress in a significant percentage of neighboring residents who clearly expressed an aversion to the use; and i. The use will result in a reduction of market value of neighboring residences. Resolution No. 12-171 - Page 2 of 4 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: a. The proposed project is not consistent with the objectives of the General Plan. The proposed project conflicts with Goal LU-1 of the General Plan requiring that land use development should "ensure established residential neighborhoods are preserved and protected, and local and community-serving commercial and community facilities meet the needs of residents."Specifically, the proposed project conflicts with Policy LU-1.1 which is aimed at"protect[ing]"neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment"; and b. The proposed project is not in accord with the objectives of the Etiwanda Specific Plan, and the purposes of the district on which the site is located. Per Section 5.23.311 of the Etiwanda Specific Plan, "where proposed commercial or office professional development abuts on an established existing use or equal or lesser intensity, or a school, church, or other sensitive land uses, such new development shall recognize and respect existing conditions and uses,and shall be designed with sensitivity to minimize impact on the existing uses."; and C. The proposed project is not in compliance with each of the applicable provisions and goals of the Etiwanda Specific Plan. The proposed project, together with the conditions applicable thereto,will be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Section 5.23.201 of the Etiwanda Specific Plan states the following: "No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke, cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature, orto involve a hazard of fire or explosion." and; d. The proposed project, together with the conditions applicable thereto, will be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Section 5.23.201 of the Etiwanda Specific Plan states the following: "No uses shall be permitted and no process, equipment, or materials shall be employed which are found to be detrimental to the public health, safety, or welfare by reason of odor, fumes, dust, smoke, cinders, dirt, refuse water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature,or to involve a hazard of fire or explosion." 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this Council hereby denies the requested Conditional Use Permit DRC2011-01094. This Council hereby states that it would have taken the action stated in this Paragraph 4 based on either of the findings made in subparagraphs 2.h and 2.i hereof, each of which is considered by the Council to be a sufficient alternative ground for denial of the CUP. 5. This Council hereby provides notice to SCI Funeral Services, Inc.that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 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,to SCI Funeral Services, Inc. at the address identified in City records. Please see the following page for formal adoption,certification and signatures Resolution No. 12-171 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 7t" day of November 2012. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L L. Dennis Michael, Mayor ATTEST: Mice C. Reynolds, City CI rk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 7`" day of November 2012. Executed this S" day of November 2012, at Rancho Cucamonga, California. ice C. Reynolds, City CI rk Resolution No. 12-171 - Page 4 of 4