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Home My WebLink About07-50 - Resolutions RESOLUTION NO. 07-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING A REQUEST FOR A THIRD ONE-YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED TENTATIVE TRACT MAP SUBTT16226, FOR A SUBDIVISION OF 265 LOTS ON 92.78 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 UNITS DWELLING UNITS PER ACRE) OF THE NORTH ETIWANDA SPECIFIC PLAN, LOCATED NORTH OF WILSON AVENUE, EAST OF DAY CREEK BOULEVARD, AND WEST OF ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-071-37, 48 AND 50 AND 0225-081-08 AND 11. A. Recitals. 1. BCA Development filed an application for a third time extension of previously approved Tentative Tract Map SUBTT16226, 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 July 24,2002,this Commission adopted its Resolution No.02-77,thereby approving the application subject to specific conditions and time limits. 3. On July 13, 2005,this Commission adopted its Resolution No.05-55,thereby approving the application for a one-year time extension subject to specific conditions and time limits. 4. On August 23, 2006, this Commission adopted its Resolution No. 06-81, thereby approving the application for a second one-year time extension subject to specific conditions and time limits. 5. On August 8, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application for a third one-year time extension and concluded said hearing on that date. 6. 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 August 8, 2007, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows. a. The previously approved Tentative Tract Map SUBTT16226 is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. Approval of the time extension for Tentative Tract Map SUBTT16226 will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and PLANNING COMMISSION RESOLUTION NO. 07-50 SUBTT16226 - BCA DEVELOPMENT August 8, 2007 Page 2 C. Approval of time extension for Tentative Tract Map SUBTT16226 is not likely to cause public health and safety problems; and d. 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, an Environmental Impact Report(EIR)(State Clearinghouse No.88082915)was prepared and certified by the County of San Bernardino as a Master EIR for the University/Crest Planned Development in June 1991, and in October 1999, the County of San Bernardino Board of Supervisors certified a supplement to the EIR (State Clearinghouse No. 98121091) because of a revision to the University/Crest Planned Development. In August 2001, the City of Rancho Cucamonga prepared an Addendum to address issues associated with adoption of the Rancho Etiwanda Development Agreement. The Addendum identified no substantial changes in the project that would require a major revision to the previous EIR. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment;(ii)substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered;or(iv)additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts; and b. The Planning Commission finds, in connection with the third time extension request, that substantial changes to the project or the circumstances surrounding the project have not occurred, which would create new or more severe impacts than those evaluated in the previously certified EIR. The site has been graded and portions of the site are under construction consistent with the previously approved plans. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. No changes have been made to the project and there have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions to the previous EIR; and C. 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 third time extension request for SUBTT16226; and d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5,the Planning Commission finds, based on the Initial Study,the EIR, and considering the record as a whole, that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in PLANNING COMMISSION RESOLUTION NO. 07-50 SUBTT16226 - BCA DEVELOPMENT August 8, 2007 Page 3 California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) 4. Based upon the findings and conclusions set forth in Paragraphs 1,2, and 3 above,this Commission hereby grants a time extension for: Tentative Map Applicant Expiration SUBTT16226 BCA Development July 24, 2008 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby modifies the conditions of approval contained in Resolution No.02-77 and the Standard Conditions, attached thereto and incorporated herein by this reference, to read as follows: Planning Department 1) The applicant shall agree to defend, at his sole expense, any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees, may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate, at its own expense, in the defense of any such action but such participation shall not relieve the applicant of his obligations under this condition. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST 2007. PLANNING O ISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam wart, Chairman ATTEST: �- Jam# R. Troyer, AICP, Sec tary 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 8th day of August 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE