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HomeMy WebLinkAbout08-25 - Resolutions RESOLUTION NO. 08-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR THE SECOND TIME EXTENSION OF PREVIOUSLY APPROVED TENTATIVE TRACT MAP SUBT716072, A SUBDIVISION OF 150.79 ACRES INTO 359 LOTS IN THE LOW (2-4 UNITS DWELLING UNITS PER ACRE)AND VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS, WITH AN AVERAGE DENSITY OF 2.3 DWELLING UNITS PER ACRE FOR THE ENTIRE PROJECT, IN THE UPPER ETIWANDA NEIGHBORHOOD OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT THE NORTHWEST CORNER OF WILSON AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-083-01, 12, 13, 15, 16, AND 20. A. Recitals. 1. Richland Communities, Inc. filed an application for the extension of the approval of Tentative Tract Map SUBTT16072, as described in the title of this Resolution. Hereinafter in this Resolution,the subject Tentative Tract Map SUBTT16072 Time Extension request is referred to as "the application." 2. On June 16, 2004, the City Council adopted its Resolution No. 04-204, thereby, approving Tentative Tract Map SUBTT16072 subject to specific conditions and time limits. 3. On June 13, 2007, this Commission adopted its Resolution No. 07-26, thereby, approving the application for a 1-year time extension subject to specific conditions and time limits. 4. On May 28, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application for a second time extension 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. 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 May 28, 2008 , including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Tentative Tract Map SUBTT16072 is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Tentative Tract Map SUBTT16072 approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and PLANNING COMMISSION RESOLUTION NO. 08-25 SUBTT16072 — RICHLAND COMMUNITIES, INC. May 28, 2008 Page 2 C. The extension of the Tentative Tract Map SUBTT16072 approval 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, the City certified an Environmental Impact Report (EIR) on June 16, 2004, in connection with the City's approval of Tentative Tract Map SUBTT16072. 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. b. The Planning Commission finds, in connection with the 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 proposed time extension request does not raise or create new environmental impacts not already considered in the Environmental Impact Report for the tract map. 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. The proposed time extension request does not raise or create new environmental impacts not already considered in the Environmental Impact Report for the tract map. 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 time extension. 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 SUBTT16072 Richland Communities, Inc. June 16, 2009 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 Nos. 04-204 and 07-26 and the Standard Conditions, attached thereto and incorporated herein by this reference, to read as follows: PLANNING COMMISSION RESOLUTION NO. 08-25 SUBTT16072 — RICHLAND COMMUNITIES, INC. May 28, 2008 Page 3 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 28TH DAY OF MAY 2008. PLANNI7GCISSION OF THE CITY OF RANCHO CUCAMONGA i BY: Q Y4tewart, Chairman ATTEST: R 4""1 - J es R. Troyer, AICP, Se6retary 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 28th day of May, 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE