Loading...
HomeMy WebLinkAbout00-102 - Resolutions RESOLUTION NO. 00-102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A CITY PLANNER DETERMINATION THAT NO SUBSEQUENT ENVIRONMENTAL REVIEW IS NECESSARY FOR MODIFICATION TO DEVELOPMENT REVIEW NO. 98-13 FOR FINAL TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND,LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 THROUGH 31 AND 1074-621-01 THROUGH 35. A. Recitals. 1. The Heights at Haven View Estates filed an application forthe approval of Modification to Development Review No. 98-13, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 12th day of August 1998, the Planning Commission of the City of Rancho Cucamonga reviewed Development Review 98-13, and following the conclusion of their review adopted Resolution 98-56 by which the Commission determined that no subsequent environmental review was necessary for the project and approved the project. 3. That decision by the Planning Commission was timely appealed to the City Council. 4. On the 18th day of November 1998, the City Council of the City of Rancho Cucamonga denied the appeal of Development Review 98-13, and affirmed the decision of the Planning Commission to find that no subsequent environmental review was necessary for the project and approved the project. 5. On the 22nd day of August 2000, the City Planner of the City of Rancho Cucamonga held a public hearing on the application,and following the close of the hearing,adopted Resolutions Nos. 00-17 and 00-18 making environmental findings and approving the application. 6. The decisions made by said City Planner on the application were timely appealed to the Planning Commission. 7. On the 27th day of September 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 8. 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. PLANNING COMMISSION RESOLUTION NO. 00-102 DR 98-13 MOD. - HEIGHTS AT HAVEN VIEW ESTATES September 27, 2000 Page 2 2. Based upon the substantial evidence presented to this Planning Commission during the above-referenced meeting on September 27,2000, including but not limited to,written and oral staff reports,the minutes of the above-referenced City Planner meeting,and the contents of City Planner Resolutions Nos. 00-17 and 00-18, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the northeast corner of Tackstem Street and Ringstem Drive with a street frontage of 1,020 feet along Tackstem Street and 1,360 feet along Ringstem Drive and is presently vacant; and b. The property is bordered on the north by property owned bythe City of Los Angeles Department of Water and Power, on the east by property owned by the San Bernardino County Flood Control District, and the properties to the south and west consist of vacant and developed single family residential land; and C. The application contemplates a revision to the approved grading plan for Development Review 98-13. Revisions to the proposed project will reduce the overall height of the slope along the northern portion of the project site (along the rear of Lots 1, 2,3, 10, 11, 12, 19,20, 21, 22, 32, 33, 34, and 35), revise the base elevation and design of the channel along the north boundary of the tract, provide retaining walls directly north of the channel, and eliminate off-site grading north of the project. 3. The California Environmental Quality Act (CEQA) establishes requirements and procedures for evaluating potential environmental impacts resulting from development of a project. Section 15162 of the State CEQA Guidelines establishes specific criteria for determining when subsequent environmental review of a project is required. The following addresses Section 15162 and the substantial evidence to support the Commission's determinations as to whether a new EIR, a new Negative Declaration, or other environmental document is required in this matter. a. When an EIR has been certified or a negative declaration adopted for a project,no subsequent EIR shall be prepared for that project unless the lead agency determines,on the basis of substantial evidence in the light of the whole record, one or more of the following: 1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Proposed revisions that reduce the height of the slope adjacent to the rear of lots along the northern boundary of the tract, reduce the base elevation of the channel, and eliminate the need to grade off- site are changes that will reduce project related impacts. Reducing the height of the slope will result in a slight increase in the amount of grading, however, as with the prior approval, the cut and fill of the project grading is designed to balance. Revising the design of the channel will not change its capacity. Proposed changes to the design of the project will not affect the majority of the project including street designs,pad elevations,and equestrian trails. These are not substantial changes in the proposed project because the minimal amount of proposed grading, because of the relatively insignificant changes to the channel design, and the minimal changes to the project's design. Without any substantial changes in the project that would result in new or severe environmental PLANNING COMMISSION RESOLUTION NO. 00-102 DR 98-13 MOD. - HEIGHTS AT HAVEN VIEW ESTATES September 27, 2000 Page 3 impacts, major revisions to the Negative Declaration adopted at the time of subdivision approval would not be required at this time. 2) Substantial changes occurwith respecttothe circumstances underwhich the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions to the Negative Declaration adopted at the time of subdivision approval. The proposed project provides for the development of 40 homes within the area of Tract 14771 that were evaluated under the Negative Declaration approved with the subdivision of the property. The proposed revisions will not change the number of homes or their general location within the tract. Characteristics of the surrounding properties have not changed significantly since the tract was approved, the property to the north and east is vacant, and the property to the south and west contains residential lots, many of which have been developed with custom and semi-custom homes. Both the original design of the project and the proposed revision provide improvements that include a slope adjacent to the rear of the lots along the northern boundary of the tract and the installation of a channel for the drainage area south of the Deer Creek Detention Basin and the northern boundary of the tract. The circumstances under which the project is undertaken does not result in the involvement of new or significant environmental effects or the increase in the severity of significant effects. 3) New information of substantial importance,which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration. The current application to reduce the height of the slope adjacent to the rear of lots along the northern boundary of the tract, reduce the base elevation of the channel, and eliminate the need to grade off-site are changes that will reduce project related impacts, and will not have one or more significant effects not discussed in the previous Negative Declaration. The proposed project provides for the development of 40 homes within the area of Tract 14771 that were contemplated under review of the 1990 Negative Declaration. Both the original design of the project and the proposed revision provide improvements that include a slope adjacent to the rear of the lots along the northern boundary of the tract and the installation of a channel for the drainage area south of the Deer Creek Detention Basin and the northern boundary of the tract. Although the minor revision to the project design includes various retaining walls north of the channel not contemplated in the original design of the project,the walls are designed to be consistent with the use of retaining walls in other areas of the tract, to comply with the requirements of the Hillside Development Ordinance, and as required by the Design Review Committee the walls will be provided with landscaping to soften their appearance. In addition, assertions regarding the capacity of the Deer Creek Detention Basin and related facilities do not show that the project would have one or more effects not previously considered. b) Significant effects previously examined will be substantially more severe than shown in the previous EIR. PLANNING COMMISSION RESOLUTION NO. 00-102 DR 98-13 MOD. - HEIGHTS AT HAVEN VIEW ESTATES September 27, 2000 Page 4 The current application to reduce the height of the slope adjacent to the rear of lots along the northern boundary of the tract, reduce the base elevation of the channel, and eliminate the need to grade off-site are changes that will reduce project related impacts, and will not have significant effects more severe than shown in the previous Negative Declaration. The proposed project provides for the development of 40 homes within the area of Tract 14771 that were contemplated under review of the 1990 Negative Declaration. Both the original design of the project and the proposed revision provide improvements that include a slope adjacent to the rear of the lots along the northern boundary of the tract and the installation of a channel for the drainage area south of the Deer Creek Detention Basin and the northern boundary of the tract. The changes in the channel design will have minimal impacts to grading, water flow, and aesthetics. These changes are not resulting in significant effects substantially more severe than shown in the 1990 Negative Declaration. c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. There are no mitigation measures or alternatives that were previously found not to be feasible that would in fact be feasible, but the project proponents decline to adopt. The project applicant designed improvements to reflect conditions of approval imposed on the subdivision of Tract 14771. There were no new mitigation measures conditioned on the approval of Development Review 98-13. d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The current application to reduce the height of the slope adjacent to the rear of lots along the northern boundary of the tract, reduce the base elevation of the channel,and eliminate the need to grade off-site are changes that will reduce project related impacts, and will result in a project that is substantially similar to the currently approved project. There are no mitigation measures or alternatives that were considerably different from those previously analyzed. The project applicant designed improvements to reflect conditions of approval imposed on the subdivision of Tract 14771. There were no new mitigation measures conditioned on the approval of Development Review 98-13. b. If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration,the lead agencyshall prepare a subsequent EIR if required under subsection (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or nor further documentation. The current application to reduce the height of the slope adjacent to the rear of lots along the northern boundary of the tract, reduce the base elevation of the channel, and eliminate the need to grade off-site are changes that will reduce project related impacts, and does not result in new or more severe environmental impacts that would require major revisions to the Negative Declaration adopted at the time of subdivision approval. The project applicant designed improvements to reflect conditions of approval imposed on the subdivision of Tract 14771. There were no new mitigation measures conditioned on the approval of Development Review 98-13. Consequently, the lead environmental agency has determined that no further environmental documentation is required. PLANNING COMMISSION RESOLUTION NO. 00-102 DR 98-13 MOD. - HEIGHTS AT HAVEN VIEW ESTATES September 27, 2000 Page 5 4. Based on the findings specified above and on all evidence presented to the Planning Commission during the above-referenced hearing,the Planning Commission finds that none of the criteria in Section 15162 of the State for California Environmental Quality Act Guidelines requiring subsequent environmental review exist or are present with respect to the application for the modification to the Development/Design Review application. Therefore the Planning Commission finds that no subsequent environmental review of the project is required and that this determination is the independent judgment of the Planning Commission. 5. The Secretaryto the Planning Commission shall certifyto the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2000. CITY CITY ITYOFFRANCHOCUCAMONGA BY: ) / 7�,iOC Larry tocNiel, Chairman ATTEST• / Br er, S r ry I, Brad Buller, 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 bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE