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HomeMy WebLinkAbout06-26A - Resolutions RESOLUTION NO. 06-26A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING THEIR APPROVAL OF DEVELOPMENT REVIEW DRC2005-00810,THE DESIGN REVIEW OF A NEW 19,000 SQUARE FOOT PASTORAL CENTER AND AN 810 SQUARE FOOT RESTROOM ADDITION TO THE EXISTING SANCTUARY AT ST. PETER AND ST. PAUL CATHOLIC CHURCH, ON 5 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT 9135 BANYAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-381-01. A. Recitals. 1. On the 12th day of April 2006, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing on Development Review DRC2005-00810 application and concluded said hearing on that date. Following the conclusion of the public hearing, the Planning Commission conditionally approved Development Review DRC2005-00810 through adoption of their Resolution No. 06-26. 2. Father Patrick V. Kirsch, on behalf of St. Peter and St. Paul Church, filed a request to modify the conditions of approval for Development Review DRC2005-00810 to delete those conditions requiring undergrounding of, or payment of in-lieu fees for, existing overhead utilities. Hereinafter in this Resolution, the subject request is referred to as "the application." 3. On the 14th day of June and continued to the 28th day of June2006, the Planning Commission of the City of Rancho Cucamonga held a meeting on the application and concluded said meeting on that date. 4. 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 meetings on June 14, and June 28, 2006, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to 5 acres of property located on the southeast corner of Banyan and Beryl Streets; and b. The previously adopted conditions of approval, specifically Engineering Department Special Conditions No. 2 and No. 3, required the undergrounding of the existing overhead utilities along Beryl Street and payment of in-lieu fees for future undergrounding of the existing overhead utilities along Banyan Street, respectively, pursuant to this Commission's Resolution No.87-96;and PLANNING COMMISSION RESOLUTION NO. 06-26A MODIFICATION OF DRC2005-00810— ST. PETER AND ST. PAUL CHURCH June 28 2006 Page 2 C. On June 10, 1987, the Planning Commission adopted Resolution No. 87-96 (Exhibit A of the Staff Report) establishing a revised policy for undergrounding of the existing overhead utilities. This policy was intended "to remove unsightly existing overhead utility lines in order to promote a more aesthetic and desirable working and living environment within the City." The Resolution states that the policy applies to all developments exceptthose specifically exempted "and any others specifically waived by the Planning Commission." Overhead utilities include telecommunication (phone and cable)and electrical but excludes 66KV or larger electrical lines; and d. The Commission's utility undergrounding policy includes seven exemptions; however, the Church project did not qualify for any of these exemptions; and e. The adopted Planning Commission Resolution No.06-26 contains two Engineering Department conditions dealing with utility undergrounding. Condition No. 2 requires undergrounding on the project side of Beryl Street from the first pole north of Banyan Street to the first pole south of the Church (scaled distance from the Site Plan is 836 feet). According to the Engineering Department, the estimated cost of undergrounding overhead electrical is $250 per linear foot, telephone is$50 per linear foot, and cable television is$27 per linear foot. Therefore,the estimated cost of undergrounding along Banyan Street is $273,372. Condition No. 3 requires in-lieu fee as contribution to future undergrounding on the opposite side of Banyan Street(scaled distance from the Site Plan from centerline of Beryl Street to the east Church property boundary is 360 feet). Therefore, the estimated cost of undergrounding along Beryl Street is $117,720; therefore, the Church would pay $58,860 (50 percent by $117,720). f. St. Peter and St. Paul Church is a unique circumstance because all of the surrounding properties are developed. All other properties in the neighborhood are single-family residential,which are exempted by Planning Commission Resolution No.87-96; hence would never underground. Further, because all of the surrounding properties are developed and would not pay in-lieu fees, there will never be the opportunity for reimbursement to the Church for the undergrounding along Beryl Street; and g. The Church has asserted that the undergrounding cost would be "prohibitively large." The total estimated cost for both street frontages would be $332,232. Whereas, a developer's profit from their development offsets the cost of improvements, including utility undergrounding;the Church receives no financial gain by constructing the pastoral center. St. Peter and St. Paul Church is a unique situation because the property was already fully developed, including street improvements prior to the Commission's adoption of a utility undergrounding policy. The Church was approved to demolish several buildings and consolidate their ministry activities into a single building. Three small buildings, including the Church parish office, amounting to 6,559 square feet will be removed. A new 19,000 square foot pastoral center will be built; therefore, the net increase in floor area will be 13,251 square feet. 3. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: PLANNING COMMISSION RESOLUTION NO. 06-26A MODIFICATION OF DRC2005-00810—ST. PETER AND ST. PAUL CHURCH June 28 2006 Page 3 a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the City adopted a Negative Declaration on April 12, 2006, in connection with the City's approval of Development Review DRC2005-00810. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii)substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or(iii) new important information shows the project will have new or more severe impacts than previously considered;or(iv)additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the current application, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Negative Declaration. The current application requests the deletion of two conditions requiring utility undergrounding. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed deletion of the utility undergrounding will not change the project design, that is, the demolition of three small buildings, including the church parish office totaling 6,559 square feet, and the construction of a new 19,000 square foot pastoral center. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the current application. d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5,the Planning Commission finds, based on the Initial Study,the Negative Declaration, and considering the record as a whole,that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends because the subject property was fully developed with a church more than a decade ago. Based on substantial evidence,the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) 4. Based upon the findings set forth in paragraphs 1, 2, and 3 above, this Commission hereby modifies their previous action approving Development Review DRC2005-00810 by deleting Engineering Department Special Conditions No. 2 and No. 3. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 06-26A MODIFICATION OF DRC2005-00810— ST. PETER AND ST. PAUL CHURCH June 28 2006 Page 4 APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2006. PLA7;;z THE CITY OF RANCHO CUCAMONGA BY: man ATTEST: Jam vR. Troyer, Secretary I, James R. Troyer, 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 28th day of June 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, MUNOZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: STEWART