HomeMy WebLinkAbout11-58 - Resolutions RESOLUTION NO. 11-58
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL
PERMIT DRC2009-00224, A REQUEST TO REMOVE TREES IN
CONJUNCTION WITH A PROPOSAL TO SUBDIVIDE FIVE (5) VACANT
PARCELS WITH A COMBINED AREA OF ABOUT 53 ACRES INTO 76 LOTS
IN THE VERY LOW (VL) RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC
PLAN, LOCATED AT THE EAST SIDE OF EAST AVENUE, ABOUT
150 FEET NORTH OF THE FOOTHILL FREEWAY(SR-210);AND MAKING
FINDINGS IN SUPPORT THEREOF—APN: 0225-191-03, 04, 13, 15, AND
20.
A. Recitals.
1. Chaffey Joint Union High School District (Chaffey JUHSD) filed an application for the
approval of Tree Removal Permit DRC2009-00224 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Tree Removal Permit request is referred to as "the
application."
2. On the 9th day of November 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.
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 November 9, 2011, including written and oral staff reports,this
Commission hereby specifically finds as follows:
a. The application is related to Tentative Tract Map SUBTT18122 and Tree Removal
Permit DRC2009-00224; and
b. The application applies to a vacant project site located at the east side of
East Avenue, approximately 150 feet north of the Foothill Freeway (SR-210); and
C. The project area consists of five(5) parcels with a combined area of approximately
2,350,000 square feet (53 acres). The overall dimensions of the site are approximately 2,500 feet
(east to west) by approximately 940 feet (north to south); and
d. To the north of the western half of the project site, there are single-family
residences. To the north of the eastern half of the site, there is ongoing grading and construction of
new homes (related file: Tract 17651). To the west, are additional single-family residences and a
single vacant parcel. To the south, is a road used by the San Bernardino County Flood Control
District for access to their facilities further to the east. Beyond this road, is the Foothill Freeway
(SR-210). To the east, are vacant parcels; and
PLANNING COMMISSION RESOLUTION NO. 11-58
DRC2009-00224— CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT
November 9, 2011
Page 2
e. The zoning of the property and all surrounding properties is Very Low (VL)
Residential District, Etiwanda Specific Plan; and
f. The trees are not designated as historically significant; and
g. The trees are not specifically noted in the Etiwanda Specific Plan per Figure 5-13;
and
h. The applicant has submitted an arborist report assessing the health of the
individual trees. The report observes that the trees range in health between being in generally good
condition to being in need of removal; and
i. It is necessary to remove the trees in order to grade the property, construct
single-family residences, and associated improvements such as streets and equestrian trails which
will allow economic enjoyment of the property; and
j. It is not necessary to remove trees to construct required improvements within a
flood control or utility right-of-way; and
k. There are a significant number of mature and newly planted trees within the
surrounding residential neighborhoods; the removal does not affect the established character of the
area and the property values; and
I. The trees cannot be preserved by pruning and proper maintenance or relocation
rather than removal; and
M. The trees do not constitute a significant natural resource of the City.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced meeting 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 project is consistent with the objectives of the General Plan; and
b. The proposed project is in accord with the objectives of the Municipal Code and the
purposes of the district in which the site is located; and
C. The proposed project is in compliance with each of the applicable provisions of the
Development Code; and
d. The proposed project, together with the conditions applicable thereto, will not be
detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, togetherwith all written and oral reports included for the environmental assessmentfor
the application,the Planning Commission finds that there is no substantial evidence thatthe project
will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and
Monitoring Program attached hereto, and incorporated herein by this reference, based upon the
findings as follows:
PLANNING COMMISSION RESOLUTION NO. 11-58
DRC2009-00224— CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT
November 9, 2011
Page 3
a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local
CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of
the project. Based on the findings contained in that Initial Study, City staff determined that,with the
imposition of mitigation measures, there would be no substantial evidence that the project would
have a significant effect on the environment. Based on that determination, a Mitigated Negative
Declaration was prepared. Thereafter, the City staff provided public notice of the public comment
period and of the intent to adopt the Mitigated Negative Declaration.
b. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based on the whole record
before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA;
and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that
the project will have a significant effect on the environment. The Planning Commission furtherfinds
that the Mitigated Negative Declaration reflects the independent judgment and analysis of the
Planning Commission. Based on these findings, the Planning Commission hereby adopts the
Mitigated Negative Declaration.
C. The Planning Commission has also reviewed and considered the Mitigation
Monitoring Program for the project that has been prepared pursuant to the requirements of Public
Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance
with the mitigation measures during project implementation. The Planning Commission therefore
adopts the Mitigation Monitoring Program for the project.
d. The custodian of records for the Initial Study, Mitigated Negative Declaration,
Mitigation Monitoring Program and all other materials which constitute the record of proceedings
upon which the Planning Commission's decision is based is the Planning Director of the City of
Rancho Cucamonga. Those documents are available for public review in the Planning Department
of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga,
California 91730, telephone (909) 477-2750.
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 and in the Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department
1) Approval is for the removal of trees in conjunction with a proposal to
subdivide five (5) vacant parcels with a combined area of
approximately 53 acres into 76 lots in the Very Low (VL) Residential
District, Etiwanda Specific Plan, located at the east side of
East Avenue, approximately 150 feet north of the Foothill Freeway
(SR-210) -APN: 0225-191-03, 04, 13, 15, and 20.
2) Section 19.08.100 of the Rancho Cucamonga Municipal Code requires
that all Heritage trees be replaced on a one-for-one basis, not less than
15-gallon size.
3) A set of replacement Eucalyptus windrows shall be planted along the
entire south perimeter (parallel to the proposed equestrian trail) and
part of the east perimeter(at Lot 16)of the subdivision as shown on the
PLANNING COMMISSION RESOLUTION NO. 11-58
DRC2009-00224— CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT
November 9, 2011
Page 4
Preliminary Tree Removal Plan and Windrow Exhibit dated
September 10, 2010.
4) Preserve in-place, where feasible, existing trees that will not interfere
with development of the project site subject to verification"in the field."
Also, preserve in-place existing trees that will be within the alignment of
the new Community Trail subject to review and approval of the
Engineering Department.
5) This permit shall be valid for a period of 90 days, unless an extension
is requested in writing at least 14 days prior to the expiration date.
Where this permit is associated with development, the effective date
begins and the 90 days shall start from the date of final map
recordation or Building Permit issuance, whichever occurs first.
6) All Conditions of Approval for Tentative Tract Map SUBTT18122 and
Variance DRC2009-00020 shall apply.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER 2011.
PLANNING tSSIOWOF�THE CITY OF RANCHO CUCAMONGA
BY: `T
Luis Munoz, Jr., Ch irman
ATTEST:
Jame R. Troyer, AICP, §ecr6tqJy
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 9th day of November 2011, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ.. OAXACA: WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE