HomeMy WebLinkAbout13-52 - Resolutions RESOLUTION NO. 13-52
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION
DRC2013-0081 1,A REQUEST TO EXTEND THE APPROVAL PERIOD OFA
PREVIOUSLY APPROVED PROJECT (CONDITIONAL USE PERMIT
DRC2008-00464) TO EXPAND THE HAVEN VILLAGE COMMERCIAL
CENTER WITH TWO MULTI-TENANT RETAIL BUILDINGS WITH A
DRIVE-THRU TOTALING 6,484 SQUARE FEET ON A 41,821 SQUARE
FOOT SITE WITHIN THE NEIGHBORHOOD COMMERCIAL (NC)
DEVELOPMENT DISTRICT, LOCATEDATTHE NORTHEAST CORNER OF
HAVEN AVENUE AND THE SR-210 FREEWAY;AND MAKING FINDINGS IN
SUPPORT THEREOF -APN: 0201-272-23.
A. Recitals.
1. Drew Willock, on behalf of CCI Lot 9 Haven, LLC, filed an application forthe approval of
Time Extension DRC2013-00811, extending the original approval of Conditional Use Permit
DRC2008-00464, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Time Extension request is referred to as "the application."
2. On January 28, 2009, this Commission adopted its Resolution No. 09-07, thereby
approving the application subject to specific conditions and time limits.
3. On November 13, 2013, 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 November 13, 2013, including written and oral staff reports,this
Commission hereby specifically finds as follows:
a. The applicant does not propose any changes to the original project in conjunction
with this time extension request;
b. The previously approved Conditional Use Permit is in substantial compliance with
the City's current General Plan, specific plans, ordinances, plans, codes, and policies;
C. The extension of the Conditional Use Permit approval will not cause significant
inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies;
d. The extension of the Conditional Use Permit approval will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;
and
PLANNING COMMISSION RESOLUTION NO. 13-52
CONDITIONAL USE PERMIT TIME EXTENSION DRC2013-00811 - CCI LOT 9 HAVEN LLC
November 13, 2013
Page 2
e. The extension is within the time limits established by State law and local ordinance.
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 15332 In-Fill Development Projects in
connection with the City's approval of Conditional Use Permit DRC2008-000464 on
January 28, 2009. 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.
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 DRC2013-00811 for
Conditional Use Permit DRC2008-00646.
4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above,this
Commission hereby extends the duration of an existing entitlement approval by an additional 2 years
and modifies the conditions of approval contained in Resolution No. 09-07 and the
Standard Conditions, attached thereto and incorporated herein by this reference,to read as follows:
Planning Department
1) Approval is for a 2-year time extension of the original approval of
Conditional Use Permit DRC2008-00464 and modification of the
applicable approval time limit as described in Standard Condition B.2
contained in Resolution No. 09-07 that was adopted by the
Planning Commission on January 28, 2009.
2) The new expiration date for Conditional Use Permit DRC2008-00464 is
January 28, 2016.
3) 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.
PLANNING COMMISSION RESOLUTION NO. 13-52
CONDITIONAL USE PERMIT TIME EXTENSION DRC2013-00811 - CCI LOT 9 HAVEN LLC
November 13, 2013
Page 3
4) All other conditions of approval, including all of the Standard/Special
Conditions of Approval from other City departments, for Conditional
Use Permit DRC2008-00464 under Resolution 09-07 and associated
Standard Conditions shall apply.
5) An updated Water Quality Management Plan shall be submitted at the
time of grading plan check that complies with the most current MS4
Permit requirements.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 2013
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: jw�
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Howdy hell, Chairman
ATTEST: P, V, �E' AkA=f
Candy urn t, 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 13th day of November 2013, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE