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Home My WebLink About07-64 - Resolutions RESOLUTION NO. 07-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING THEIR APPROVAL OF DRC2003-01185 AN OFFICE COMPLEX CONSISTING OF 11 BUILDINGS TOTALING 126,843 SQUARE FEET ON 7.27 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUB AREA 5), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-211-19. A. Recitals. 1. On the 23rd day of March 2005, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing on an application for DRC2003-01185 and concluded said hearing on that date. Following the conclusion of the public hearing, the Planning Commission conditionally approved DRC2003-01185 through adoption of Resolution No. 05-85. 2. Mark Capellino of Cap Brothers Construction Company, on behalf of Trade Union International, filed a request to modify the conditions of approval for DRC2003-01185 requiring undergrounding of the existing overhead utilities and instead require payment of in lieu fee for the utility lines. Hereinafter in this Resolution, the subject request is referred to as "the application." 3. On the 26th day of September 2007, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing on the application and continued the said public hearing to October 24, 2007. 4. On the 24th day of October 2007, the Planning Commission of the City of Rancho Cucamonga held a duly 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 the substantial evidence presented to this Commission during the above-referenced public hearing on September 26th and October 24th, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 9850 6th Street with a combined street frontage of 665 feet on 6th Street and is presently improved with eleven office/warehouse buildings with a combined floor area of 126,843 square feet; and b. The previously adopted conditions of approval,specifically Engineering Department Special Condition No. 3, required the undergrounding of the existing overhead utilities along 6th Street, pursuant to this Commission's Resolution No. 87-96; and C. On June 10, 1987, the Planning Commission adopted Resolution No. 87-96 establishing a revised policy for undergrounding of the existing overhead utilities. This policy was PLANNING COMMISSION RESOLUTION NO. 07-64 MODIFICATION OF DRC2003-01185 — 9850 6TH STREET October 24, 2007 Page 2 intended "to remove unsightly existing overhead utility lines in order to promote a more aesthetic and desirable working and living environment within the City." The Resolution states that the policy applies to all developments except those specifically exempted "and any others specifically waived by the Planning Commission." Overhead utilities include telecommunication(phone and cable)and electrical but excludes 66KV or larger electrical lines; and d. The Commission's utility undergrounding policy includes seven exemptions; however, the development project did not qualify for any of these exemptions; and e. The adopted Planning Commission Resolution No. 05-24 contains an Engineering Department condition dealing with utility undergrounding. Condition No. 3 requires undergrounding on the project side of 6th Street along the entire project frontage of both Parcels 1 and 2 of PM 15948 from the first pole off-site east and west. 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 City adopted a Negative Declaration on March 23, 2005, in connection with the City's approval of DRC2003-01185 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 current application, 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 Negative Declaration. The current application requests the modification of a condition requiring utility undergrounding. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed modification of the utility undergrounding will not change the project design. 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 current application. 4. Based upon the findings set forth in Paragraphs .1, 2, and 3 above, the Planning Commission hereby modifies their previous action approving DRC2003-01185 by deleting Engineering Department Special Condition No. 3 and replacing it with the following: PLANNING COMMISSION RESOLUTION NO. 07-64 MODIFICATION OF DRC2003-01185—9850 6TH STREET October 24, 2007 Page 3 An in-lieu fee of the construction cost shall be deposited with the City for the future undergrounding of the existing overhead utilities (electrical and Southern California Edison communication lines, except for the 66kV electrical) along the entire project frontage of both Parcels 1 and 2 of PM15948. The in-lieu fee of the construction cost shall be based upon the City's current adopted amount of$259.00 per foot for electrical lines plus $51.00 per foot for communication lines. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF OCTOBER 2007. PLANNING COM SSION OF THE CITY OF RANCHO CUCAMONGA j BY: Pam Stewart, Chairman ATTEST: Corkran Nicholson, Acting Secretary I, Corkran Nicholson, Acting 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 October 2007, by the following vote-to- wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE