The URL can be used to link to this page

Home My WebLink About17-68 - Resolutions - California Denying Appeal DRC2017-00437 And Upholding The City Planner's Approval Of Minor Exception RESOLUTION NO. 17-68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEAL DRC2017- 00437 AND UPHOLDING THE CITY PLANNER'S APPROVAL OF MINOR EXCEPTION DRC2016-00022, APPROVING A REQUEST TO REDUCE THE REQUIRED ON-SITE PARKING TO ALLOW UP TO 4,340 SQURE FEET OF FOOD USES FOR A 6,484 SQUARE FOOT ADDITION TO THE HAVEN VILLAGE COMMERCIAL CENTER LOCATED IN THE NEIGHBORHOOD COMMERCIAL (NC) DISTRICT AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND LEMON AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APNs: 1087-081-12, 19 THROUGH 24. A. Recitals. 1. On the 9th day of May 2017, the City Planner of the City of Rancho Cucamonga administratively approved Minor Exception DRC2016-00022. 2. The law offices of Jung &Yuen, LLP filed an application for the appeal of a City Planner approval of Minor Exception DRC2016-00022, as described in the title of this Resolution. Hereinafter in this Resolution, the subject appeal request is referred to as "the application." 3. On the 22nd day of May 2017, the City of Rancho Cucamonga received a timely appeal of Minor Exception DRC2016-00022. 4. On the 28th day of June 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 5. 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 June 28, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The Haven Village Commercial Center is located at the southeast corner of Haven Avenue and Lemon Avenue and is within the Neighborhood Commercial (NC) District; and b. The Planning Commission approved Conditional Use Permit DRC2008-00464,for a 6,484 square foot addition of the Haven Village Commercial Center on January 29, 2009; and c. On May 9, 2017 the City Planner approved an additional 4,340 square feet of food PLANNING COMMISSION RESOLUTION NO. 17-68 UPHOLDING THE CITY PLANNER'S APPROVAL OF MINOR EXCEPTION DRC2016-00022 June 28, 2017 Page 2 uses within the Haven Village Commercial Center with the approval of Minor Exception DRC2016- 00022; and d. The Haven Village Commercial Center will have 124,748 square feet of gross leasable area with the inclusion of the 6,484 square foot expansion area. The center is required to provide 642 parking spaces and will provide 613 (29 parking space deficit) based on the 6,484 square foot expansion area being occupied by 4,340 square feet of food uses and 2,144 square feet of retail uses (4.5 percent parking deficiency). 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. CC&Rs are a private contract between two or more parties and apply solely to the contracting parties and not to unrelated third parties. The City is not required to follow or even reference the CC&Rs when considering an application, as the City is not a party to the CC&Rs.The land use approval by the City is rather governed by the terms of State and local law and any potential violations of the CC&Rs is a civil matter between the contracting parties. b. The Parking and Circulation Analysis submitted for the project demonstrates that at no time does the available parking in any of the 5 parking zones in the center fall below having a 10 percent parking buffer, including the parking necessary to support an additional 4,340 square feet of food uses. c. All parcels within the subject commercial center are subject to a reciprocal parking agreement, which does permit the owner of any parcel within the center to claim sole ownership of parking spaces within their parcel or to restrict use by the owner of another parcel within the center. d. All conditions of approval related to Conditional Use Permit DRC2008-00464 have been completed to the satisfaction of the City Planner. e. The Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. The proposed reduction in the required parking to allow additional food uses within the Haven Village Commercial Center site is consistent with General Plan, which intended that the Neighborhood Commercial (NC) designation provide for small-scale shopping centers located within residential neighborhoods. It also allows for the reduction of the required parking up to 25 percent through the approval of a Minor Exception when it can be supported by a parking study and the findings discussed here. The parking study(Advantec Consulting Engineers; March 2017)submitted to justify the parking reduction concludes that there will be adequate parking within the center with the proposed additional food uses. f. The proposed Minor Exception is compatible with existing and proposed land uses in the surrounding area. The parking study submitted to justify the Minor Exception to reduce the required number of on-site parking spaces within the Haven Village Commercial Center concludes that there will continue to be adequate parking with the additional food uses and that the reduction is compatible with the other land uses in the area. g. The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. The Minor Exception to allow additional food uses within the PLANNING COMMISSION RESOLUTION NO. 17-68 UPHOLDING THE CITY PLANNER'S APPROVAL OF MINOR EXCEPTION DRC2016-00022 June 28, 2017 Page 3 Haven Village Commercial Center will provide the property owner greater flexibility in leasing the new tenant spaces within the approved expansion area without negatively impacting the other tenants within the existing center. Conditions of Approval have been included to address employee parking, short term parking and the monitoring of the parking lot to help reduce overall parking demand. h. The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to public health, safety or welfare or materially injurious properties or improvements in the vicinity.lt is common practice to grant a Minor Exception to reduce the required on-site parking where a parking study demonstrates that there will continue to be adequate parking within the project area. The parking submitted parking study concludes that there will continue to be an adequate number of parking spaces for all the tenants within the commercial center with the additional food uses and that the parking reduction will not negatively impact the surrounding property owners. Special Conditions of Approval have been added to this approval to future reduce any potential parking conflicts in the center. 4. Planning Department staff 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 qualifies as a Class 5 exemption under State CEQA Guidelines Section 15305—Minor Alterations in Land Use Limitations—which covers exceptions in land use limitations. The project scope is for a reduction in the required on-site parking spaces within an existing commercial center. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. The City Planner has reviewed staff's determination of exemption, and based on her own independent judgment, concurs with staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby denies appeal DRC2017-00437 and approves Minor Exception DRC2016- 00022 subject to each and every condition set forth in the City Planner's approval letter dated May 9, 2017 for Minor Exception DRC2016-00022 and the attached Standard Conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: Candyc Burnet, Secretary PLANNING COMMISSION RESOLUTION NO. 17-68 UPHOLDING THE CITY PLANNER'S APPROVAL OF MINOR EXCEPTION DRC2016-00022 June 28, 2017 Page 4 I, Candyce Burnett, 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 June 2017, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Conditions of Approval • K1�c'1t a Community Development Department Project#: DRC2016-00021 DRC2016-00022 Project Name: Haven Village Expansion Location: 6417 HAVEN AVE - 020127223-0000 Project Type: Conditional Use Permit Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. To reduce any potential parking conflicts within the Haven Village commercial center, the following parking reduction measures shall be employed. • The parking monitor with vehicle shall monitor the parking lot and shuttle employees to Zone 5 during peak parking times. • The coffee shop tenant shall configure their customer's wifi connections to automatically disconnect after 1 hour of use to avoid having customers linger. • The tenants of the 6,484 expansion area shall request that their employees park in Zone 5 (as indicated in the parking study in file) • The 2,538 square foot restaurant tenant shall provide short term (15-20 mins) parking stalls dedicated to pick up of take-out orders only in order to reduce the time patrons are utilizing the available parking. 2. Any modification or intensification of the approved use, including any increase in square footage, improvements including new building construction, and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the City Planner prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The City Planner may determine that modifications or intensifications of use require that this Conditional Use Permit be modified and/or an updated environmental analysis be completed as required under the California Environmental Quality Act (CEQA). 3. All temporary events shall be reviewed by the Planning Department and approval by the City Planner prior to submittal of documents for construction, commencement of the activity or event, and/or issuance of a business license. Chapter 17.104 (Temporary Uses). 4. Add your condition here! 5. Per Section 17.66 of the Rancho Cucamonga Development Code, the applicant shall comply with all performance standards including. but not limited to, noise and vibration standards. 6. If operation of this Conditional Use Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, or if any of the Conditions of Approval are not fulfilled properly, the Conditional Use Permit shall be brought before the City Planner for consideration and possible suspension, modification or revocation. www.CityofRC.us Printed:6/12/2017 Project#: DRC2016-00021 DRC2016-00022 Project Name: Haven Village Expansion Location: 6417 HAVEN AVE -020127223-0000 Project Type: Conditional Use Permit Minor Exception ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 7. 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. 8. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 9. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 10. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. v+nrow.CityofRC.us Printed:6/12/2017 Page 2 of 2