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Home My WebLink About12-26 - Resolutions RESOLUTION NO. 12-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2011-00927 A REQUEST TO REMOVE SIX (6) OR MORE TREES IN CONJUNCTION WITH A PROPOSED SUBDIVISION OF A PARCEL OF 83,000 SQUARE FEET (1.91 ACRE) IN THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT, WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTH SIDE OF LIMA DRIVE AND THE WEST SIDE OF EAST AVENUE NEAR THE SOUTHBOUND OFF RAMP OF THE INTERSTATE 15 FREEWAY; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-012-24. A. Recitals. 1. RBF Associates, Inc. filed an application for the approval of Tree Removal Permit DRC2011-00927 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 •13th day of June 2012, 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 June 13, 2012, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application is related to Tentative Tract Map SUBTT18826 and Variance DRC2012-00127; and b. The application applies to a vacant parcel located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the Interstate 15 Freeway; and C. The project site is a vacant parcel with an area of approximately 83,000 square feet (1.91 acres). The overall dimensions of the site are approximately 645 feet (east to west) by approximately 124 feet (north to south); and d. To the north and west of the project site are single-family residences(Tract 15912) while to the east, across East Avenue, is a condominium complex (Tract 16335). To the south is a set of vacant properties that are generally bisected diagonally (from northeast to southwest) by the off-ramp of the southbound Interstate 15 Freeway to Base Line Road, and PLANNING COMMISSION RESOLUTION NO. 12-26 DRC2011-00927 — RBF ASSOCIATES, INC. June 13, 2012 Page 2 e. The zoning of the property and the properties to the north and west is Low Medium (LM) Residential District. The zoning the properties to the east is Medium (M) Residential District. The zoning of the properties to the south is Office Professional (OP) and is currently owned by the City. The subject property and all surrounding properties are within the 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 trees. The report observes that the trees are Eucalyptus that range between poor and good health and are infested with a variety of insects including beetles; and i. It is necessary to remove the trees because of their condition and in order to grade the site, construct future single-family residences, and associated improvements that will allow economic enjoyment of the property; and j. It is not necessary to remove the 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, 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 PLANNING COMMISSION RESOLUTION NO. 12-26 DRC2011-00927 — RBF ASSOCIATES, INC. June 13, 2012 Page 3 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. 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 twenty-nine(29)trees in conjunction with a proposal to subdivide a vacant parcel with an area of approximately 83,000 square feet (1.91 acre) into eight (8) lots in the Low Medium (LM) Residential District, within the Etiwanda Specific Plan, located at the south side of Lima Drive and the west side of East Avenue near the southbound off ramp of the Interstate 15 Freeway-APN: 0227-012-24. 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. PLANNING COMMISSION RESOLUTION NO. 12-26 DRC2011-00927– RBF ASSOCIATES, INC. June 13, 2012 Page 4 3) The removed trees shall be replaced with a matching species (or equivalent) of a minimum 15-gallon size. 4) 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. 5) All Conditions of Approval for Tentative Tract Map SUBTT18826 and Variance DRC2012-00127 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2012. PLANNING COMMIS ON OF THE CITY OF RANCHO CUCAMONGA BY: ( Z L�;— Luis Munoz, Jr., Chair an ATTEST: Candy Burnett, Senior Planner I, Candyce Burnett, Senior Planner 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 13th day of June 2012, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT M DRC2012-00927 SUBJECT: TREE REMOVAL PERMIT APPLICANT: RBF ASSOCIATES, INC. LOCATION: SOUTH SIDE OF LIMA DRIVE AND THE WEST SIDE OF EAST AVENUE NEAR THE SOUTHBOUND OFF RAMP OF INTERSTATE 15 FREEWAY-APN: 0227-012-24. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 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 applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 12-26, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, the Etiwanda Specific Plan, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 1