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HomeMy WebLinkAbout11-47 - Resolutions RESOLUTION NO. 11-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2011-00683, A REQUEST TO REMOVE 22 TREES IN CONJUNCTION WITH A PROPOSAL TO CONSTRUCT A BANK OF 4,207 SQUARE FEET WITH REMOTE DRIVE-THRU ATM KIOSKS WITHIN AN EXISTING SHOPPING CENTER IN THE NEIGHBORHOOD COMMERCIAL (NC) DISTRICT, TERRA VISTA COMMUNITY PLAN (TVCP), LOCATED AT 10598 BASE LINE ROAD AT THE NORTHEAST CORNER OF HAVEN AVENUE AND BASE LINE ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-481-35. A. Recitals. 1. Gensler, on behalf of Chase Bank, filed an application for the approval of Tree Removal Permit DRC2011-00683 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Removal Permit request is referred to as "the application." 2. On the 28th day of September 2011 the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW,THEREFORE, it is herebyfound, 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 September 28, 2011, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a shopping center located at the northeast corner of Base Line Road and Haven Avenue; and b. The shopping center is approximately 556,159 square feet (12.77 acres) that is approximately 884 feet (east to west) by approximately 884 feet (north to south); C. The shopping center is comprised of thirteen (13) buildings with a combined floor area of approximately 135,000 square feet; and d. Seven (7) of the 13 buildings are contiguous to each other and form a single crescent-shaped strip. This strip is comprised of three (3) anchor tenant buildings - one of these is occupied by Ralphs Market. The remainder of the strip is comprised of four small tenant buildings. The other five (5) buildings are single- or multi-tenant pad buildings; and e. This application is in conjunction with Development Review DRC2011-00352; and f. The specific location of the project site is at the southeast corner of the shopping center near the intersection of Base Line Road and Valencia Avenue(APN: 1076-481-35). The area of work is PLANNING COMMISSION RESOLUTION NO. 11-47 TREE REMOVAL PERMIT DRC2011-00683 — GENSLER FOR CHASE BANK September 28, 2011 Page 2 a parcel of approximately 38,035 square feet(0.87 acre)that is presently developed with a 6,600-square foot retail building occupied by Terra Vista Animal Hospital and a medical office; and g. With the exception of the Montessori Academy day care/private school facility at the northeast corner of Haven Avenue and Valencia Avenue, the shopping center is bound on all sides by residential development; and h. The zoning of the center is Neighborhood Commercial (NC) District, Terra Vista Community Plan. The zoning of the properties to the north and east is Low-Medium (LM) Residential District, Terra Vista Community Plan. The zoning of the properties to the south is Medium (M) and Low-Medium (LM) Residential District,Terra Vista Community Plan. The zoning of the properties to the west is Low (L) and Low-Medium (LM) Residential District; and L The trees are not designated as historically significant; and j. The trees are not noted in the Terra Vista Community Plan; and k. The applicant has submitted an arborist report assessing the health of the individual trees. The report observes that the trees are in generally average or good condition; and I. It is necessary to remove the trees in order to construct the new bank building and parking lot which will allow economic enjoyment of the property; and M. It is not necessary to remove trees to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way; and n. There are a significant number of mature trees within, and at the perimeter of, the shopping center and the surrounding residential neighborhoods; the removal does not affect the established character of the area and the property values; and o. The trees cannot be preserved by pruning and proper maintenance or by relocation rather than removal; and p. The trees do not constitute a significant natural resource of the City. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing 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; and b. The proposed project is in accord with the objectives of the Municipal Code and the purposes of the district in which the site is located; and C. The proposed project is in compliance with each of the applicable provisions of the Development Code; and d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare,or materially injurious to properties or improvements in the vicinity. 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 Guidelines. PLANNING COMMISSION RESOLUTION NO. 11-47 TREE REMOVAL PERMIT DRC2011-00683—GENSLER FOR CHASE BANK September 28, 2011 Page 3 The project qualifies as a Class 2 exemption under State CEQA Guidelines Section 15302-Replacement or Reconstruction - as the proposal is to demolish an existing retail building of 6,600 square feet and construct a bank of 4,207 square feet and remote drive-thru ATM kiosks with an overhead canopy of 500 square feet. There is no substantial evidence that the project may 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 Commission hereby approves the application subject to each and every condition set forth below. Planninq Department 1) Approval is for the removal of twenty-two (22) trees in conjunction with a proposal to construct a bank of 4,207 square feet with remote drive-thru ATM kiosks within an existing shopping center in the Neighborhood Commercial(NC)District,Terra Vista Community Plan (TVCP), located at 10598 Base Line Road at the northeast corner of Haven Avenue and Base Line Road -APN: 1076-481-35. 2) Section 19.08.100 of the Rancho Cucamonga Municipal Code requires that all heritage trees be replaced on a one-for-one basis, not less than 15 gallon size. 3) The replacement trees shall be planted on the same lot as the trees that are being removed. 4) This permit shall be valid for a period of 90 days, unless an extension is requested in writing at least 14 days prior to the expiration date. Where this permit is associated with development, the effective date begins, and the 90 days shall start from the date of final map recordation or Building Permit issuance, whichever occurs first. 5) All Conditions of Approval for Development Review DRC2011-00352 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 2011. PLANNING CO NOF TH CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: V J/WI"/ - Jam V R. 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 28th day of September 2011, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 11-47 TREE REMOVAL PERMIT DRC2011-00683 — GENSLER FOR CHASE BANK September 28, 2011 Page 4 AYES: COMMISSIONERS: FLETCHER: HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE