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Home My WebLink About12-36 - Resolutions RESOLUTION NO. 12-36 A RESOLUTION OF THE PLANNING COMMISSION 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 ANDA 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 the 25th day of July 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. Prior to and during the public hearing, staff collected letters, a petition containing 155 signatures in opposition of 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. 4. The Planning Commission received testimony from 33 speakers that were largely in opposition of the project. The public comment section with respect to this application had a duration of over 2 hours. 5. All legal prerequisites 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 substantial evidence presented to this Commission during the above-referenced meeting on July 25, 2012, including written and oral staff reports, together with public testimony, this Commission 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 PLANNING COMMISSION RESOLUTION NO. 12-36 DRC2011-01094— HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. August 8, 2012 Page 2 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,of the Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District of the Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District of the 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. 3. This Commission hereby 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 PLANNING COMMISSION RESOLUTION NO. 12-36 DRC2011-01094 — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. August 8, 2012 Page 3 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, or to 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 Commission hereby denies the requested Conditional Use Permit. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY. Frances Howdyshell, C airman ATTEST: y loom, Secretary I, Jeffrey A. Bloom, 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 8th day of August 2012 by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 12-36 DRC2011-01094 — HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. August 8, 2012 Page 4 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ ABSTAIN: COMMISSIONERS: WIMBERLY