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HomeMy WebLinkAbout09-18 - Resolutions RESOLUTION NO. 09-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING THEIR APPROVAL OF DEVELOPMENT REVIEW DRC2005-00327,THE DESIGN REVIEW OF THE PHASED EXPANSION OF AN EXISTING CHURCH FACILITY FROM 4,030 SQUARE FEET TO 17,602 SQUARE FEET ON 1.52 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT(8-14 DWELLING UNITS PER ACRE), LOCATED AT 8619 BAKER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-132-53. A. Recitals. 1. On the 28th day of March 2007, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing on Development Review DRC2005-00327 application and concluded said hearing on that date. Following the conclusion of the public hearing, the Planning Commission approved Development Review DRC2005-00327 through adoption of their Resolution No. 07-16. 2. J. George Chu, on behalf of the Chinese Christian Family Church, Inland Valley, filed a request to modify the conditions of approval for Development Review DRC2005-00327 to delete the condition requiring undergrounding of existing overhead utilities. Hereinafter in this Resolution,the subject request is referred to as "the application." 3. On the 13th day of May 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and determined that option No. 3 of the recommendations in the staff report that stated"Grant the request to delete Engineering Services Department Condition No. 2 and to not impose the in-lieu fee"was the appropriate action for this situation.The Planning Commission voted to have staff draft a Resolution of Approval to be acted upon at the next Planning Commission meeting. 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 public hearing on May 13, 2009, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to 1.52 acres of property located on the east side of Baker Avenue south of Arrow Route; and b. The previously adopted conditions of approval,specifically Engineering Department Special Condition No. 2, required the undergrounding of the existing overhead utilities along Baker Avenue, respectively, pursuant to this Commission's Resolution No. 87-96; and PLANNING COMMISSION RESOLUTION NO. 09-18 DRC2009-00118 MODIFICATION OF DRC2005-00327—CHINESE CHRISTIAN FAMILYCHURCH May 27, 2009 Page 2 C. On June 10, 1987, the Planning Commission adopted Resolution No. 87-96 (Exhibit H of the Staff Report, dated May 13,2009)establishing a revised policyfor 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 except those 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. 07-16 contains one Engineering Department condition dealing with utility undergrounding. Condition No.2 requires undergrounding on the project side of Baker Avenue along the entire project frontage, extending to the first pole off site (north and south), a distance of 374 feet. The applicant estimated the cost at $200,000. f. Chinese Christian Family Church, Inland Valley,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;hencewould 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 Baker Avenue; and 3. 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 originally qualified as a Class 32 exemption under State CEQA Guidelines Section 15332 that applies to infill development where the project is consistent with the applicable General Plan policies and the zoning regulations. The proposed project involves enhanced development of an existing partially developed site surrounded by residential and educational development, served by existing utilities, and no impact on the habitat for rare or endangered species. Therefore, the project will have no 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. 4. Based upon the findings set forth in paragraphs 1, 2, and 3 above, this Commission hereby modifies their previous action approving Non-Construction Conditional Use Permit DRC2009-00118 by deleting Engineering Department Special Condition No. 2 of the previously approved Development Review DRC2005-00327 and not impose the in-lieu fee. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF MAY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 09-18 DRC2009-00118 MODIFICATION OF DRC2005-00327–CHINESE CHRISTIAN FAMILYCHURCH May 27, 2009 Page 3 BY: !Q- Richard B Fletcher, Chairman ATTEST: L12�— R. JA"L'� James . 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 27th day of May 2009, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART