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HomeMy WebLinkAbout17-71 - Resolutions - Approving Development Review Modification RESOLUTION NO. 17-71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW MODIFICATION DRC2017-00481 - A REQUEST TO REVISE THE CONDITIONS OF APPROVAL FOR DRC2007-00951 (PLANNING COMMISSION RESOLUTION NO.14-08) TO ALLOW FOR THE DEMOLITION OF TWO RESIDENTIAL STRUCTURES, BOTH PREVIOUSLY CONDITIONED FOR OFF-SITE RELOCATION, FOR THE BIANE WINERY, A COMPLEX COMPRISED OF FIFTEEN (15) BUILDINGS/STRUCTURES AND THREE (3) SINGLE-FAMILY RESIDENCES LOCATED ON TWO (2) PARCELS WITH A COMBINED AREA OF 10.41 ACRES IN THE GENERAL INDUSTRIAL (GI) DISTRICT LOCATED ON THE SOUTH SIDE OF 8TH STREET, BETWEEN HERMOSA AND ARCHIBALD AVENUES; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0209-201-19 AND 20. A. Recitals. 1. Jary Cockroft, for Biane Family Properties, filed an application for Design Review DRC2017-00481, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application." 2. On the 22nd of January 2014, the Planning Commission of the City of Rancho Cucamonga approved DRC2007-00951. 3. On the 28th day of June, 2017, the Planning Commission of the City of Rancho Cucamonga opened a public hearing for the item but because of an error in the public noticing, staff recommended and the Commission agreed that the item be continued to allow time for the item to be re-noticed to the July 26, 2017 meeting date 4. On the 26th of July 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. The Planning 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 the Planning Commission during the above-referenced public hearing on July 26, 2017, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The application applies to a request to modify the conditions of approval for DRC2007-00951 to allow for the demolition of the wine maker's residence and caretaker residence located at the Biane Winery; and b. The subject property is located in the General Industrial (GI) District; and c. The property to the north is in the Low Medium (LM) Residential District and is PLANNING COMMISSION RESOLUTION NO. 17-71 DESIGN REVIEW MODIFICAITON DRC2017-00481 — BIANE FAMILY PROPERTIES July 26, 2017 Page 2 developed with the Santa Fe Railway and residential development north of the tracks; and, the properties to the south, east, and west are in the General Industrial (GI) Residential District and are developed with industrial and commercial buildings; and d. A Review of the Biane Winery Impacts Assessment (LSA, February 12, 2016) concludes that the wine maker's residence and the caretaker residence derive their significance solely from their association with the winery. They residences are not individually significant and are typical examples of small, wood-framed houses and if they are relocated off-site, they would be out of context and their significance as contributing resources would be lost; and e. Demolition of the wine maker's residence and the caretaker residence would not affect the National Register eligibility of the Biane Winery, and the demolition of these structures would not be a significant impact to the historic property. 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. General Plan Policy LU-16.1 incorporates historic preservation principles into the City's project review process with the goal of minimizing potential impacts to historic resources when developing and enforcing land use; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or the improvements in the vicinity. The two residences are interior to the project site and their demolition will not impact the public health or properties or improvements in the vicinity; and c. The application, which contemplates operation of the proposed use, complies with each of the applicable provisions of the Development Code. The demolition of the two residential structures and the ultimate development of the project site will comply with all applicable development standards of the Development Code. 4. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City of Rancho Cucamonga approved a Mitigated Negative Declaration on January 22, 2014, in connection with the approval of Design Review DRC2007-00951. Pursuant to CEQA Guidelines Section 15162(a), the City prepared an addendum to a previously adopted Mitigated Negative Declaration because only minor technical changes or additions are necessary and none of the conditions that require the preparation of a subsequent Mitigated Negative Declaration have occurred. A subsequent Mitigated Negative Declaration is not required because there are no new significant or severe effects; there are no substantial changes in circumstance with respect to the project; and, there is no new information of substantial importance that was not known or could have reasonably been known at the time the previous Negative Declaration was adopted. An addendum to the previously approved MND is appropriate in this case because a minor technical change to the project description in the original MND would be sufficient and there is no evidence that any of the conditions that would require a subsequent EIR or negative declaration are present. First, there is no indication that the minor changes to the project will create new significant environmental effects or cause a substantial increase in the severity of previously identified significant effects. The project includes revising Planning Commission Resolution No. 14-08 Planning Department Conditions of Approval 7 and 8 and Cultural PLANNING COMMISSION RESOLUTION NO. 17-71 DESIGN REVIEW MODIFICAITON DRC2017-00481 — BIANE FAMILY PROPERTIES July 26, 2017 Page 3 Resources Mitigation Measure No. 1 to allow for the demolition of two residential structures. Revising the Conditions of Approval and Mitigation Measures does not amount to a major change and would not create new significant impacts or increase the severity of any impacts previously identified in the MND. Second, there have been no substantial changes in the circumstances under which the project is being undertaken. The characteristics of the site and the surrounding properties are similar to those previously existing, and do not indicate that there will be new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Finally, the City has received no new information of substantial importance that was unknown or could not have been known previously that indicates the project will have any significant effects not discussed in the MND, that any previously identified impacts will be substantially more severe, that any mitigation measure previously found infeasible would now be feasible, or that any mitigation measure considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment. All remaining mitigation measures established for the original project will be addressed during the plan check, construction, and inspection of the project site during development. Additional or different mitigation measures are not required. In summary, the proposed project is a modification to Conditions of Approval and Mitigation Measures to allow for the demolition of two residential structures on the Biane Winery site whose development was thoroughly analyzed for environmental impacts and for which mitigation measures were established. Although the proposed project involves a modification to Conditions of Approval and Mitigation Measures to allow for the demolition of two residential structures, there are no substantial changes in the project, its circumstances, or the information on hand that would suggest that the previous environmental review is inadequate. 5. Based upon the findings and the conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application, subject to each and every condition set forth below, attached hereto and incorporated herein by this reference. Planning Department 1) All applicable conditions of approval as contained in Planning Commission Resolution No. 14-08 shall apply. 2) Planning Department Condition of Approval No. 7, contained in Planning Commission Resolution No. 14-08 is hereby deleted in its entirety. 3) Planning Department Condition of Approval No. 8, contained in Planning Commission Resolution No. 14-08 is hereby deleted in its entirety. 4) Cultural Resources Mitigation Measure No. 1, contained in Planning Commission Resolution No. 14-08 is hereby deleted in its entirety. 6. The Secretary shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 17-71 DESIGN REVIEW MODIFICAITON DRC2017-00481 — BIANE FAMILY PROPERTIES July 26, 2017 Page 4 APPROVED AND ADOPTED THIS 26TH DAY OF JULY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman (pi ATTEST: Ca "•yce Burnett, 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 26th day of July 2017, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER ABSTAIN: COMMISSIONERS: NONE