Loading...
HomeMy WebLinkAbout13-23 - Resolutions RESOLUTION NO. 13-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING A TIME EXTENSION FOR TENTATIVE TRACT MAP NO. SUBTT16226-2,A FOURTH REQUEST TO EXTEND THE DURATION OF AN EXISTING ENTITLEMENT APPROVAL BY 1 YEAR FOR A REQUEST TO SUBDIVIDE 37.43 ACRES INTO 95 LOTS FOR SINGLE-FAMILY HOME CONSTRUCTION IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN LOCATED NORTH OF WILSON AVENUE, EAST OF DAY CREEK BOULEVARD AND WEST OF ETIWANDA AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1087-071-15. A. Recitals. 1. BCA Development, Inc. filed an application for the approval of a Time Extension for Tentative Tract Map No. SUBTT16226-2, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension for Tentative Tract Map request is referred to as "the application', SUBTT 16226-2. 2. On July 24, 2002, the Commission adopted its Resolution No. 02-77,thereby approving the application subject to specific conditions and time limits. 3. On July 13, 2005, the Commission adopted its Resolution No. 05-55,thereby approving the application for a one-year time extension subject to specific conditions and time limits. 4. On August 23, 2006, the Commission adopted its Resolution No. 06-81, thereby approving the application for a second one-year time extension subject to specific conditions and time limits. 5. On August 8, 2007,the Commission adopted its Resolution No.07-50,thereby approving the application for a third one-year time extension subject to specific conditions and time limits. 6. On the 26th day of June, 2013, 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. 7. 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 26, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 13-23 TENTATIVE TRACT MAP SUBTT16226-2— BCA DEVELOPMENT, INC. June 26, 2013 Page 2 a. The application applies to the property located approximately 1,800 feet north of Indian Wells Place and Day Creek Boulevard—APN:APN: 1087-071-15. Access to the property is provided via Indian Wells Place; and b. The property to the north of the subject site is vacant land within the County of San Bernardino, the property to the south consists of single-family residences within the Low Residential District of the Etiwanda North Specific Plan, the property to the east is and existing Utility Corridor, and the property to the west is vacant land within the County of San Bernardino; and C. The applicant does not propose any changes to Tentative Tract Map SUBTT16226- Therefore,the previously approved Tentative Tract Map SUBTT16226-2 is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and d. Approval of the time extension for Tentative Tract Map SUBTT16226-2 will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and e. The subject Map previously qualified for additional time extensions through Senate Bill 1185, Assembly Bill 333, and Assembly Bill 208, which extended the expiration date an additional 5 years; and f. Approval of this request will grant the fourth time extension for this Tentative Tract Map. The extension is within the time limits established by State law and local ordinance. Title 16 (Subdivisions) allows for extensions to Tentative Tract Maps in 12-month increments not to exceed a total of 5 years. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing 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 Tentative Tract Map was originally approved by the Planning Commission on July 24, 2002 as part of a larger development to subdivide 248.63 acres of land into 632 lots for the purpose of single-family home construction. Since there have been no changes to the design of the tract and there have been no changes to the City's development standards for this site, Tentative Tract Map SUBTT16226-2 remains in accord with the General Plan, the objectives of the Development Code and all applicable Specific Plans, and the purposes of the district in which the site is located. Furthermore, the proposed time extension is in accordance with the requirements set in the Municipal Code as well as all applicable state requirements; and b. The Time Extension for Tentative Tract Map SUBTT26226-2, 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. The project site is vacant; the proposed land use is consistent with the land uses within the vicinity where it is located and the expectations of the community. The zoning of the property and the adjacent neighboring properties to the south and east is Low Residential District, Etiwanda North Specific Plan; and C. The Time Extension for Tentative Tract Map SUBTT26226-2 complies with each of the applicable provisions of the Municipal Code, as Title 16 (Subdivision) allows for extensions to Tentative Tract Maps in 12-month increments not to exceed a total of 5 years. PLANNING COMMISSION RESOLUTION NO. 13-23 TENTATIVE TRACT MAP SUBTT16226-2 — BCA DEVELOPMENT, INC. June 26, 2013 Page 3 4. 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, an Environmental Impact Report(EIR)(State Clearinghouse No. 88082915)was prepared and certified by the County of San Bernardino as a Master EIR for the University/Crest Planned Development in June 1991, and in October 1999, the County of San Bernardino Board of Supervisors certified a supplement to the EIR (State Clearinghouse No. 98121091) because of a revision to the University/Crest Planned Development. In August 2001, the City of Rancho Cucamonga prepared an Addendum to address issues associated with adoption of the Rancho Etiwanda Development Agreement. The Addendum identified no substantial changes in the project that would require a major revision to the previous EIR. 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; and b. The Planning Commission finds, in connection with the fourth 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 site has been graded and portions of the site are under construction consistent with the previously approved plans. 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. No changes have been made to the project and there have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions to the previous EIR; and 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 fourth time extension request for SUBTT16226-2; and d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5,the Planning Commission finds, based on the Initial Study,the EIR, and considering the record as a whole, that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) PLANNING COMMISSION RESOLUTION NO. 13-23 TENTATIVE TRACT MAP SUBTT16226-2— BCA DEVELOPMENT, INC. June 26, 2013 Page 4 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. Planning Department 1) All conditions as stated in Resolution No. 02-77, Resolution No. 05-55, Resolution No. 06-81, and Resolution No. 07-50 shall apply. 2) Tentative Tract Map SUBTT16226-2 shall expire on July 24, 2014. Engineering Department 1) All conditions included in Resolution 02-77 shall continue to apply, including the payment of outstanding Regional Drainage fees. 2) Rancho Etiwanda Estates Infrastructure improvements deferred with a bond substitution per ROW2009-00043 shall be completed concurrently with outstanding on-site improvements. 3) Pay a $2,635 Traffic Circulation Improvement Fee prior to building permit issuance for each residence, per developer-to-developer reimbursement agreement SRA-41. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF JUNE 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: )� C Frances Howdyshell, Chairman ATTEST: Candyce Bur tt, ecre ary I, Candyce Burnett, 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 26th day of June, 2013, by the following vote-to-wit: AYES: COMMISSIONERS: HOWDYSHELL,FLETCHER,MUNOZ,WIMBERLY,OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE