The URL can be used to link to this page

Home My WebLink About15-01 - Resolutions RESOLUTION NO. 15-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2014-01076, A REQUEST TO EXTEND THE EXPIRATION DATE OF AN APPROVED CONDITIONAL USE PERMIT (DRC2009-00308) FOR TWO YEARS FROM FEBRUARY 10, 2015, TO FEBRUARY 10, 2017, FOR THE DESIGN, LAYOUT AND OPERATION OF A PROPOSED AUTOMATIC CAR WASH AT AN EXISTING SERVICE STATION AND CONVENIENCE STORE LOCATED IN THE COMMUNITY COMMERCIAL (CC) DEVELOPMENT DISTRICT OF THE TERRA VISTA COMMUNITY PLAN AT 11768 FOOTHILL BOULEVARD;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1090-121-16. A. Recitals. 1. Jaswinders and Lakhbir Kaur Sondh filed application DRC2014-01076 for a two(2)year time extension of Conditional Use Permit DRC2014-00308 as described in the title of this Resolution. The time extension is being requested in order to complete construction drawings for the project and to submit them to the Building Department. Hereinafter in this Resolution, the subject time extension request is referred to as "the application." 2. On February 10, 2010, the Planning Commission of Rancho Cucamonga adopted Resolution No. 10-03, approving CUP DRC2009-00308 subject to the expiration date of February 10, 2015. 3. On January 28, 2015, 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. 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 substantial evidence presented to this Commission during the above-referenced public hearing on January 28, 2015, including written and oral staff reports, this Commission hereby specifically finds as follows: a. Conditional Use Permit DRC2009-00308 was approved on February 10, 2010 with a five (5) year approval period which terminates on February 10, 2015. The applicant is requesting to extend the expiration date by two (2)year in order to complete construction drawings and submit the project to the City. The new expiration date will be February 10, 2017; and b. The applicant does not propose any changes to the original project in conjunction with this time extension request; and C. The previously approved Conditional Use Permit (DRC2009-00308) is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and PLANNING COMMISSION•SOLUTION NO. 15-01 • DRC2014-01076 —JASWINDERS AND LAKHBIR KAUR SONDH JANUARY 28, 2015 Page 2 d. The time extension of the previously approved Conditional Use Permit will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, or policies as the scope of the originally approved project has not changed; and e. The time extension of the previously approved Conditional Use Permit will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as the originally approved project is completely on private property and will not negatively impact the adjacent public right-of-way or the neighboring properties; and f. The extension is within the time limits established by 17.14.090 (C), of the Development Code. 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: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the Planning Commission determined that the original project was categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines pursuant to State CEQA Guidelines Section 15303 (c) (New Construction) in connection with the City's original approval of Conditional Use Permit DRC2009-00308 on February 10, 2010. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental environmental review is required in connection with subsequent discretionary approvals of the same project. No changes are proposed to the project; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; and no new important information shows that the project will have new or more severe impacts than previously considered. There are no changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated when concluding the project was categorically exempt. Staff further finds that the project will not have one or more significant effects not analyzed in the previous environmental review, and will not have more severe effects than previously analyzed. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of Time Extension DRC2014-01076. b. 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 Time Extension DRC2014-01076 for Conditional Use Permit DRC2009-00308. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above,this Commission hereby extends the expiration date of Conditional Use Permit DRC2009-00308 for an additional two(2)years by modifying Standard Condition B1 (which set forth the original five(5)year approval period) contained in Resolution No.10-03 for DRC2009-00308 to read as follows: "This time extension extends the original expiration date for DRC2009-00308 for two (2) years from February 10, 2015 to February 10, 2017," subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 15-01 • DRC2014-01076—JASWINDERS AND LAKHBIR KAUR SONDH JANUARY 28, 2015 Page 3 Planning Department 1) Any requests for future time extensions shall be subject to the procedures, conditions, and findings as set forth in Section 17.14.090 of the Development Code. 2) All other conditions of approval, including all of the Standard/Special Conditions of approval from other City departments for Conditional Use Permit DRC2009-00308 within Resolution10-03, shall remain in effect. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY 2015 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: O'k Candyc urnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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 January 2015, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE