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Home My WebLink About11-26 - Resolutions RESOLUTION NO. 11-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING A TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT14749 PREVIOUSLY APPROVED TO SUBDIVIDE 168.77 ACRES INTO 269 RESIDENTIAL LOTS AND A REMAINDER PARCEL IN THE LOW (L) RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE)AND FLOOD CONTROL(FC)WITHIN THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED NORTH OF THE SCE CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-263-05, 0229-283-04 AND 05. A. Recitals. 1. Traigh Pacific and Parkwest Landscape have filed an application for the approval of a Time Extension for previously approved Tentative Tract Map SUBTT14749, 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 June 9, 2004, the Planning Commission adopted its Resolution No. 04-79, thereby, approving Tentative Tract Map SUBTT14749 subject to specific conditions. 3. On July 21, 2004,the City Council adopted its Resolution No. 04-243,thereby, approving Tentative Tract Map SUBTT14749 subject to specific conditions and time limits. 4. On June 8, 2011, 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. 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 June 8, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The applicant is requesting a Time Extension to extend the approved application from January 27, 2012, to January 27, 2013. The City's Subdivision Ordinance (Municipal Code Section 16.16.160) states that approved Tentative Tract Maps are valid for 3 years. The applicant may request up to five 1-year extensions (Municipal Code Section 16.16.170), which must be approved by the Planning Commission. The Time Extension is being requested in order to provide additional time for the applicant to work with Federal and State agencies to resolve the Etiwanda Creek drainage permitting issue that will determine the final design for the project. The applicant is not requesting any changes to the approved map; and b. Because of a lawsuit filed on August 18, 2004, and subsequently settled on February 10, 2006, on June 12, 2007, the City's attorney informed staff that pursuant to Government PLANNING COMMISSION RESOLUTION 11-26 SUBTT14749 —TRAIGH PACIFIC AND PARKWEST LANDSCAPE June 8, 2011 Page 2 Code Section 66452.6 (c), the subject tentative tract map is entitled to an automatic time extension for the period between the date the lawsuit was filed (August 18, 2004) and the date the lawsuit was settled (February 10, 2006), or 541 days. Tentative Tract Maps are approved for 3 years. The start date of the 3-year approval period was the date of the second reading by the City Council of the Specific Plan Amendment and the Development Agreement (final approval of all aspects of the project), or August 4, 2004. With the time extension due to the lawsuit taken into to consideration, the official start date for SUBTT14749 was January 27, 2006, with the 3-year expiration date on January 27, 2009. The state legislature passed two time extensions (SB1185 and A13333), which lengthened the unexpired tentative tract map a total of 3 years. With these extensions, Tentative Tract Map SUBTT14749 now has an expiration date of January 27, 2012. C. The previously approved Tentative Tract Map SUBTT14749 is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and d. The Time Extension of the Tentative Tract Map SUBTT4749 approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and e. The Time Extension of the Tentative Tract Map SUBTT14749 approval is not likely to cause public health and safety problems; and f. The Time Extension is within the time limits established by State law and local ordinance. 3. Based upon the facts and information contained in the application,togetherwith 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 July 21, 2004 (State Clearing House #2003081085) in connection with the City's approval of Tentative Tract Map SUBTT14749. 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 PLANNING COMMISSION RESOLUTION 11-26 SUBTT14749— TRAIGH PACIFIC AND PARKWEST LANDSCAPE June 8, 2011 Page 3 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 SUBTT14749 Richland Communities, Inc. January 27, 2012 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 04-243 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 ADOPTEDTHIS8TH DAY OF JUNE 2011. PLANNING C ION F'THE CITY OF RAN UCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: /1,� g- &AWl Jam V R. Troyer, AICP, Secreta I, James R. Troyer, AICP of the 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 June 2011. PLANNING COMMISSION RESOLUTION 11-26 SUBTT14749 — TRAIGH PACIFIC AND PARKWEST LANDSCAPE June 8, 2011 Page 4 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ,OAXACA,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE