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HomeMy WebLinkAbout17-25 - Resolutions - Modify Design Review RESOLUTION NO. 17-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW - MODIFICATION DRC2017-00071 — NASSEF ESKANDER FOR ALTA LOMA ANIMAL HOSPITAL -A REQUEST TO MODIFY DESIGN REVIEW DRC2008-00909 BY DELETING A CONDITION OF APPROVAL, IN PLANNING COMMISSION RESOLUTION NO. 14-05, THAT REQUIRED AN ACCESS EASEMENT ON THE SUBJECT PROPERTY AS PART OF THE APPROVAL FOR THE CONSTRUCTION AND OPERATION OF AN ANIMAL HOSPITAL IN THE GENERAL COMMERCIAL (GC) LOCATED AT 7289 AMETHYST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0202-161-10, -11, AND -20. A. Recitals. 1. Nassef Eskander, on behalf of Alta Loma Animal Hospital, filed an application for the approval Design Review Modification DRC2017-00071 to modify Design Review DRC2008- 00909 by deleting a condition of approval, in Planning Commission Resolution No. 14-05, that required an access easement on the subject property as part of the approval for the construction and operation of the animal hospital as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review Modification request is referred to as "the application." 2. On the 12th day of April 2017 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 April 12, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a project site located at the northeast corner of the intersection of Base Line Road and Amethyst Avenue; b. The project site is comprised of three (3) parcels with a combined area of 25,705 (0.59-acre)with overall dimensions of about 158 feet(north-south) and about 165 feet(east-west); c. The project site is developed with four (4) structures. Two (2) buildings of 2,308 and 760 square feet are generally located at the south side of the project site and are occupied by Alta Loma Animal Hospital. The other two (2) buildings are a single-family residence of 745 square feet and a garage of 201 square feet, and are generally located at the northwest corner of the project site; PLANNING COMMISSION RESOLUTION NO. 17-25 DESIGN REVIEW— MODIFICATION DRC2017-00071 — NASSEF ESKANDER FOR ALTA LOMA ANIMAL HOSPITAL April 12, 2017 Page 2 d. To the north are single-family residences while to the south, across Base Line Road, is a senior assisted living facility. To the west, across Amethyst Avenue, is a commercial/office building and a single-family residence. The property to the east is vacant; e. The zoning of the project site and the properties to the east, west, and north is General Commercial (GC) District. The zoning of the properties to the south is Office/Professional (OP) District; f. The original project, Design Review DRC2008-00909 as proposed by Nassef Eskander on behalf of Alta Loma Animal Hospital, was approved by the Planning Commission on January 22, 2014; g. The approved project consists of the demolition of the two (2) buildings currently occupied by the veterinarian hospital to allow for the construction of a new, replacement multi- tenant building. The veterinary hospital will be relocated to this building where it will occupy the majority of it. The remaining floor area of the building will be for an unspecified retail tenant; h. The approved project includes a new driveway access on Amethyst Avenue, and an east to west drive aisle that extends the full width of the property. This drive aisle will terminate at the east property line shared with the vacant property to the east (APN: 0202-161-09) and would connect with any future development of that property to allow for mutual access to Base Line Road and Amethyst Avenue; i. The applicant has prepared and submitted grading and construction plans to the City for plan check review. All of the required conditions of approval for the project, as specified in Resolution of Approval No. 14-05, were incorporated into the project with the exception of condition of approval #4. The grading and construction permits cannot be issued until the applicant completes the specified condition of approval; j. Planning Commission Resolution of Approval No. 14-05, Condition of Approval #4, reads as follows: "An easement in favor of the property owner of the adjacent, vacant property to the east (APN: 0202-161-09) to allow use of the drive aisle along the north side of the new building in order to allow access to Amethyst Avenue shall be provided. Documents for this easement shall be submitted for review by the City and the easement recorded with the County of San Bernardino (and other agencies/entities as may be required) prior to the issuance of grading and building permits." k. A draft of the access easement was prepared by the applicant's attorney and reviewed by the City. The City requires that owners of the subject property (Dr. Nabil Nasre) and the property to the east (Zaven Islikaplan) be signatories on the easement. The applicant and Staff have attempted to obtain Mr. Islikaplan's signature but have not been successful; I. The applicant, on behalf of Alta Loma Animal Hospital, is requesting that the Planning Commission delete condition of approval #4 described in Resolution of Approval No. PLANNING COMMISSION RESOLUTION NO. 17-25 DESIGN REVIEW— MODIFICATION DRC2017-00071 — NASSEF ESKANDER FOR ALTA LOMA ANIMAL HOSPITAL April 12, 2017 Page 3 14-05. Staff has determined that fulfillment of the subject condition of approval is highly unlikely and supports its deletion; 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 modification of the original project 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. The underlying General Plan designation is General Commercial. The deletion of condition of approval #4 described in Resolution of Approval No. 14-05 does not affect the land use of the original project, the intent of the land use designation of the project site, or the City's goals and policies as described in the General Plan; b. The proposed modification of the original project, together with the remaining conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The zoning of the project site and the properties to the east, west, and north is General Commercial (GC) District. The zoning of the properties to the south is Office/Professional (OP) District. The deletion of condition of approval #4 described in Resolution of Approval No. 14-05 does not affect the operations of the original project, the original project's consistency with the land uses within the vicinity where the project site located, or the expectations of the community. c. The proposed modification of the original project will not affect its compliance with each of the applicable provisions of the Development Code under which it was approved in January 22, 2014. The deletion of condition of approval #4 described in Resolution of Approval No. 14-05 will not affect the project's compliance with the design and technical standards outlined in the Development Code and the and policies of the Planning Commission and the City. 4. The Planning Department staff determined during the analysis of the original project that it was categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualified as a Class 2 exemption under State CEQA Guidelines Section 15302 - Replacement or Reconstruction - as the proposal is to demolish an existing veterinary hospital of 3,068 square feet and construct a new veterinary hospital of 4,815 square feet with 895 square feet of retail space. The proposed modification of the project only deletes the requirement for an access easement for the property to the east of the project site. It will not affect this determination as the proposed deletion does not alter the physical and operating characteristics of the project. The design and technical details of the project will not be revised and the land uses proposed with this project will remain the same. Therefore, the project qualifies for the previous exemption under State CEQA Guidelines. There is no substantial evidence that the project may have a significant effect on the environment. 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. 1) Approval is for the deletion of condition of approval #4 described in Resolution of Approval No. 14-05 to allow the demolition of an existing veterinary office and construction of a new veterinary office PLANNING COMMISSION RESOLUTION NO. 17-25 DESIGN REVIEW— MODIFICATION DRC2017-00071 — NASSEF ESKANDER FOR ALTA LOMA ANIMAL HOSPITAL April 12, 2017 Page 4 and commercial retail building on a property of 25,705 square feet in the General Commercial (GC) District located at 7289 Amethyst Avenue; APNs: 0202-161-10, -11, and -20. 2) All other Conditions of Approval for Design Review DRC2008-00909 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxac , Chairman ATTEST: Candyce Burnett, Secretary I, Candyce Burnett, 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 April 2017, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS:• NONE • ABSTAIN: COMMISSIONERS: NONE