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Home My WebLink About10-15 - Resolutions RESOLUTION NO. 10-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT REVIEW DRC2009-00413 FOR A CHANGE IN ROOF PITCH AND COLOR OF ROOF TILE FOR A 3,982 SQUARE FOOT RETAIL BANK WITH A DRIVE-THRU AT AN EXISTING MASTER-PLANNED PROJECT WITHIN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 12035 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0229-023-05. A. Recitals. 1. Yvonne Buan with Stantec, on behalf of Comerica Bank, filed an application for the amendment to the approval of Development Review No. DRC2009-00413, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 13th day of January 2010, the Planning Commission of the City of Rancho Cucamonga conducted a meeting and concluded said meeting on that date by approving the Development Review Resolution No. 10-02 for application DRC2009-00413. 3. On the 24th day of March 2010, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said hearing 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 meeting on March 24, 2010, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to the property located at 12035 Foothill Boulevard with a street frontage of 106 feet and lot depth of 273 feet and is presently improved with a parking lot and lighting; and b. The property to the north of the subject site across Foothill Boulevard is Victoria Promenade, the property to the south consists of a vacant lot, the property to the east is a nursery within the Edison Power Line Corridor, and the property to the west across Rochester Avenue is Masi Plaza; and C. The project, together with the recommended Conditions of Approval, complies with all minimum development standards for the City of Rancho Cucamonga; and PLANNING COMMISSION RESOLUTION NO. 10-15 DRC2009-00413 AMENDMENT - STANTEC March 24, 2010 Page 2 d. The project incorporates a blend of architectural design and site planning that gives character with compatibility through the use of like building materials and plant pallet. 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 project is consistent with the objectives of the General Plan because it provides another use within the commercial center that creates a wide range of community-oriented and regionally oriented businesses; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located because the project is compatible with the existing center through use of compatible building materials and design; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code because the project complies with established designed standards of the Development Code such as setback, landscaping, and parking requirements; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety,welfare, or materially injurious to properties or improvements in the vicinity because the project has been designed with the complete center in mind and will complement the rest of the-center.with complementary building materials. 4. 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: a. Pursuant to the California Environmental Quality Act(CEQA)and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration in January 24, 2007, in connection with the City's approval of Tentative Parcel Map SUBTPM17818. 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 Amendment to Design Review application DRC2009-00413, 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 Mitigated Negative Declaration. The original submittal considered impacts associated with a commercial bank with a drive-thru and the current proposal is for that type of use exactly. The current footprint for this commercial bank is smaller than the previously analyzed footprint of 4,500 square feet. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more PLANNING COMMISSION RESOLUTION NO. 10-15 DRC2009-00413 AMENDMENT - STANTEC March 24, 2010 Page 3 severe effects than previously analyzed, and that additional ordifferent mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The original analysis took into consideration a larger bank and even with the alterations the new bank is smaller, thus creating less of an impact on the site. 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 Amendment to Design Review application DRC2009-00413. 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 alteration of the roof pitch and color change of the roof tile color and style from Saxony Shake Monier Life Tile "Charcoal Blend" to Saxony Slate Monier Life Tile "Charcoal Brown Blend" for a 3,982 square foot retail bank within an existing retail center, located at 12035 Foothill Boulevard. 2) 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. 3) Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 4) Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5) 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. 6) No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. PLANNING COMMISSION RESOLUTION NO. 10-15 DRC2009-00413 AMENDMENT - STANTEC March 24, 2010 Page 4 7) All applicable Conditions of Approval for Tentative Tract Map SUBTPM17818, Conditional Use Permit DRC2005-01084 (Planning Commission Resolution No. 07-06) and the original conditions of DRC2009-00413 (Planning Commission Resolution No. 10-02) shall apply. 8) Any stone veneers used on the project(e.g., buildings, perimeterwalls, pilasters, etc.), shall be installed in a manner that does not give the appearance of a tack on element. All stone veneers shall be applied and/or extended so that the material terminates at an appropriate point on the structure. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MARCH 2010. PLANNING COMMISSION OF THE CITY OFF RANCHO CUCAMONGA BY: C\-= �%\ Richard B. Fletcher, Chairman ATTEST: 2 Troyer, AICP, Secret ry 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 24th day of March 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL, WIMBERLY