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Home My WebLink About11-69 - Resolutions RESOLUTION NO. 11-69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2011-00638, A REQUEST TO REMOVE 63 HERITAGE TREES IN CONJUNCTION WITH A PROPOSED SUBDIVISION OF 10.6 ACRES INTO 17 LOTS IN THE.VERY LOT RESIDENTIAL DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF ETIWANDA AVENUE AND VICTORIA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1089-081-16, 17, 20, AND 21. A. Recitals. 1. Water Mill Homes filed an application for the approval of Tree Removal Permit No. DRC2011-00638, 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 14th day of December 2011, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 meeting on December 14, 2011, including written and oral staff reports,this Commission hereby specifically finds as follows: a. The application is related to Tentative Tract Map SUBTT18819, Development Review DRC2011-00629, and Variance DRC2011-00383; b. The application applies to property located at the southwest corner of Etiwanda Avenue and Victoria Street,with a street frontage of approximately 490 feet along Etiwanda Avenue and a street frontage of approximately 635 feet along Victoria Street; C. The properties to the north, west, and south of the subject site are existing single- family residences, the property to the east is Etiwanda Intermediate School; d. The trees are not designated as historically significant; e. The trees are not specifically noted in the Etiwanda Specific Plan per Figure 5-13; f. 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; PLANNING COMMISSION RESOLUTION NO. 11-69 TRP DRC2011-00638—WATER MILL HOMES December 14, 2011 Page 2 g. It is necessary to remove the trees in order to grade the project site, construct single-family residences, and associated improvements such as streets and equestrian trailswhich will allow economic enjoyment of the property; h. It is not necessary to remove trees to construct required improvements within a flood control or utility right-of-way; i. The trees can not be preserved by pruning and proper maintenance or relocation rather than removal; and j. 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; 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; 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, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the 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: 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 further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the PLANNING COMMISSION RESOLUTION NO. 11-69 TRP DRC2011-00638 —WATER MILL HOMES December 14, 2011 Page 3 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. Planninq Department 1) Approval is for the removal of 63 trees in conjunction with a proposed subdivision of 10.6 acres into 17 lots the Very Low Residential District of the Etiwanda Specific Plan, located at the southwest corner of Etiwanda Avenue and Victoria Street. APN: 1089-081-16, 17,20, and 21. 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) Heritage trees that are removed shall be replaced on a three-to-one basis with a similar species of a minimum 15-gallon size. 4) Tree planting, when feasible, shall follow the requirements established in the Etiwanda Specific Plan regarding windrow replacement. 5) The replacement trees shall be planted on the same lot as the trees that are being removed. 6) The existing Deodar Cedar, within Lot 17 of the proposed subdivision, shall be preserved in place and shall be enclosed by an appropriate construction barrier, such as chain link fence, prior to the issuance of any grading or building permit and prior to the commencement of work. a) Fences are to remain in place during all phases of construction and may not be removed without the written consent of the Planning Director until construction is complete. PLANNING COMMISSION RESOLUTION NO. 11-69 TRP DRC2011-00638 —WATER MILL HOMES December 14, 2011 Page 4 b) No substantial disruption or removal of the structural or absorptive roots shall be performed. c) No fill material shall be placed within the drip line. d) No substantial compaction of the soil within the drip line shall be undertaken. e) No construction, including structures and walls, that disrupts the root system shall be permitted. 7) 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 comes first. 8) All Conditions of Approval for Tentative Tract Map SUBTT18819, Development Review DRC2011-00629, and Variance DRC2011-00383 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER 2011. PLANNING COMMIS ON OF THE CITY OF RANCHO CUCAMONGA BY: i Luis Munoz, Jr., C airman ATTEST: Jas R. Troyer, AIC'F', Secretary I, James R. Tro r,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 14th day of December 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE