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Home My WebLink About11-50 - Resolutions RESOLUTION NO. 11-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2011-00713, A REQUEST TO REMOVE TWO TREES IN CONJUNCTION WITH A PROPOSAL TO CONSTRUCTA RESTAURANT WITH AN OVERALL FLOOR AREA OF 9,396 SQUARE FEET, INCLUDING AN OUTDOOR DINING AREA OF 978 SQUARE FEET, ON AN UNDEVELOPED PARCEL WITHIN A COMMERCIAL CENTER OF APPROXIMATELY 504,000 SQUARE FEET IN THE INDUSTRIAL PARK (IP) DISTRICT (SUBAREA 12) LOCATED BETWEEN RICHMOND PLACE AND BUFFALO AVENUE ON THE NORTH SIDE OF 4TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0229-411-04. A. Recitals. 1. Resource Solutions, Inc., on behalf of Lazy Dog Cafe, filed an application for the approval of Tree Removal Permit DRC2011-00713 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 12th day of October 2011, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 3. 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 meeting on October 12, 2011, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to a commercial center at the north side of 4th Street between Richmond Place and Buffalo Avenue; and b. The commercial center approximately 504,000 square feet (11.6 acres) that is about 760 feet (east to west) by about 760 feet (north to south); C. The shopping center is comprised of four(4) buildings with a combined floor area of approximately 110,650 square feet; and d. The center was reviewed and approved by the Planning Commission on September 28, 2005 (related file: Development Review DRC2004-01013). The approval was for the development of a center comprised of five (5) buildings. However, only four(4) of the buildings consisting of three (3) retail buildings (105,050 square feet combined) and a bank (5,600 square feet) were constructed; and PLANNING COMMISSION RESOLUTION NO. 11-50 TREE REMOVAL PERMIT DRC2011-00713 — RESOURCE SOLUTIONS, INC. FOR LAZY DOG CAFE October 12, 2011 Page 2 e. This application is in conjunction with Development Review DRC2011-00456 and Conditional Use Permit DRC2011-00457; and f. The specific location of the project site is at the south side of and west of the principal vehicle entrance into, the commercial center(APN: 1076-481-35). The"area of work'is a an undeveloped pad/parcel of approximately 76,455 square feet (1.76 acre; and g. With the exception of vacant properties to the north, the commercial center is bound on all sides by commercial development; and h. The zoning of the center and all properties to the west, north, and east is Industrial Park (IP) District (Subarea 12). The properties to the south are part of the Ontario Mills shopping center in the City of Ontario, and i. The trees are not designated as historically significant; and j. It is necessary to remove the trees in order to construct the new restaurant which will allow economic enjoyment of the property; and k. 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 I. There are a significant number of trees within, and at the perimeter of,the shopping center and in the surrounding commercial developments; the removal does not affect the established character of the area and the property values; and M. The trees cannot be preserved by pruning and proper maintenance or relocation rather than removal; and n. 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 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. 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. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the City adopted a Negative Declaration in September 2005 in connection with the City's PLANNING COMMISSION RESOLUTION NO. 11-50 TREE REMOVAL PERMIT DRC2011-00713 — RESOURCE SOLUTIONS, INC. FOR LAZY DOG CAFE October 12, 2011 Page 3 approval of Development Review DRC2004-01013. 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. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered, and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. There have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Negative Declaration. The overall master plan for the shopping center contemplated a restaurant at the same location of the proposed subject restaurant. Improvements such as parking, lighting, and landscaping in the general area around the site are complete parking calculation. There are no revisions proposed beyond the limits of the area of work. 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. 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. Planning Department 1) Approval is for the removal of two (2) trees in conjunction with a proposal to construct a restaurant with an overall floor area of 9,396 square feet, including an outdoor dining area of 978 square feet, on an undeveloped parcel within a commercial center of approximately 504,000 square feet in the Industrial Park (IP) District (Subarea 12) located between Richmond Place and Buffalo Avenue on the north side of 4th Street; APN: 0229-411-04. 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 DRC2011-00456 and Conditional Use Permit DRC2011-00457 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 11-50 TREE REMOVAL PERMIT DRC2011-00713 — RESOURCE SOLUTIONS, INC. FOR MAZY DOG CAFE October 12, 2011 Page 4 APPROVED AND ADOPTED THIS 12TH DAY OF OCTOBER 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chair an ATTEST: Ja s R. Troyer, AICP, Se retary 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 12th day of October 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ,, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE