HomeMy WebLinkAbout12-07 - Resolutions RESOLUTION NO. 12-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL
PERMIT DRC2010-00943, A REQUEST TO REMOVE 13 TREES IN
CONJUNCTION WITH A PROPOSAL TO CONSTRUCT 3 BUILDINGS
TOTALING 11,588 SQAURE FEET IN THE SPECIALTY COMMERCIAL
(SC)DISTRICT(SUBAREA 3), FOOTHILL BOULEVARD SPECIFIC PLAN,
LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD
AND KLUSMAN AVENUE; AND MAKING FINDINGS IN SUPPORT
THEREOF —APN: 0208-153-12, 0208-153-13, and 0208-153-24.
A. Recitals.
1. Giron Engineers, Inc., on behalf of the property owner, filed an application for the
approval of Tree Removal Permit DRC2010-00943 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 11th day of January 2012, 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.
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 public hearing on the 11th day of January 2012, including written and oral staff
reports, together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a shopping center located at the northeast corner of
Foothill Boulevard and Klusman Avenue; and
b. The commercial center is comprised of three (3) buildings, with a combined floor
area of approximately 11,588 square feet; and
C. This application is in conjunction with Development Review DRC2008-00356;and
d. The specific location of the project site is at the northeast corner of
Foothill Boulevard and Klusman Avenue (APN: 0208-153-12, 0208-153-13, and 0208-153-24).
The total area of work are 3 parcels that total approximately 1.08 acre, that is presently developed
with a single-family residence on 9612 Foothill Boulevard; and
e. The commercial center is bound by single-family residences on the north, the
Historic Landmark known as the Cucamonga Service Station to the east, and commercial
development to the south and west; and
PLANNING COMMISSION RESOLUTION NO. 12-07
TREE REMOVAL PERMIT DRC2010-00943 — GIRON ENGINEERS, INC.
January 11, 2012
Page 2
f. The zoning of the center is the Specialty Commercial(SC)District(Subarea 3)of
the Foothill Boulevard Specific Plan. The zoning of the properties to the north, south and east is the
Specialty Commercial(SC)District(Subarea 3)of the Foothill Boulevard Specific Plan. The zoning
of the property to the west is Community Commercial(CC)District of the Foothill Boulevard Specific
Plan; and
g. The trees are not designated as historically significant; and
h. The trees are not noted in the Foothill Boulevard Specific Plan; and
i. The applicant has submitted an arborist report assessing the health of the
individual trees. The report observes the trees vary in size and are in poor to good health; and
j. It is necessary to remove the trees in order to construct the new commercial center
and parking lot 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 mature trees within, and at the perimeter of, the
shopping center and the surrounding residential neighborhoods; 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 by 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 public hearing 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. The Planning Department staff has 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 32 exemption under State CEQA Guidelines Section
15332 - In-Fill Development Projects-as the proposal includes in-fill development consistent with
the applicable General Plan designation and regulations. There is no substantial evidence that the
project may have a significant effect on the environment.
PLANNING COMMISSION RESOLUTION NO. 12-07
TREE REMOVAL PERMIT DRC2010-00943— GIRON ENGINEERS, INC.
January 11, 2012
Page 3
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 thirteen (13) trees in conjunction with a
proposal to construct a commercial center consisting of 3 buildings
totaling 11,588 square feet on 1.08 acre of land within the Specialty
Commercial District (Subarea 3) of the Foothill Boulevard Specific
Plan, located on the northeast corner of Foothill Boulevard and
Klusman Avenue. APN: 0208-153-12, 0208-153-13, 0208-153-24.
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 DRC2008-00356
.shall apply.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY 2012.
PLANNING CO SIO OFT Y RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST —�
aures R. Troyer, AICP, Secretary
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 11th day of January 2012, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 12-07
TREE REMOVAL PERMIT DRC2010-00943— GIRON ENGINEERS, INC.
January 11, 2012
Page 4
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE