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HomeMy WebLinkAbout13-24 - Resolutions RESOLUTION NO. 13-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST TO EXTENDTHE DURATION OFAN EXISTING ENTITLEMENT APPROVAL BY AN ADDITIONAL TWO(2)YEARS FOR DRC2005-00490,A PROPOSAL TO DEVELOP NINE SINGLE-FAMILY HOMES ON 2.39 ACRES WITHIN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) LOCATED AT 9814 CHURCH STREET, WHICH IS ON THE NORTH SIDE OF CHURCH STREET, 140 FEET WEST OF PASITO AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1077-311-74. A. Recitals. 1. Creation Investment Group filed an application for the extension of the duration of the entitlement approval ("time extension") for Development Review DRC2005-00490, as described in the title of this Resolution. Hereinafter in this Resolution, the subject time extension request is referred to as "the application," DRC2013-00328. 2. On May 28, 2008,this Commission adopted its Resolution No. 08-28,thereby approving the application subject to specific conditions and time limits. 3. On the June 26, 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. 4. 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 substantial evidence presented to this Commission during the above-referenced public hearing on June 26, 2013, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The applicant does not propose any changes to the original project in conjunction with this time extension request; b. The previously approved Development Review is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes and policies; C. The extension of the Development Review approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes or policies; d. The extension of the Development Review approval will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and e. The extension is within the time limits established by State law and local ordinance. PLANNING COMMISSION RESOLUTION NO. 13-24 TIME EXTENSION DRC2013-00328 - CREATION INVESTMENT GROUP June 26, 2013 Page 2 3. 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, the Planning Commission determined that the original project was categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines pursuant to State CEQA Guidelines Section 15315 Minor Land Divisions and Section 15332 In-Fill Development Projects in connection with the City's approval of Development Review DRC2005-00490 in May 2008. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental environmental review is required in connection with subsequent discretionary approvals of the same project. No changes are proposed to the project; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; and no new important information shows that the project will have new or more severe impacts than previously considered. There are no changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated when concluding the project was categorically exempt. Staff further finds that the project will not have one or more significant effects not analyzed in the previous environmental review, and will not have more severe effects than previously analyzed. b. 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 DRC2013-00328 for Development Review DRC2005-00490. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above,this Commission hereby extends the duration of an existing entitlement approval by an additional two(2) years and modifies the conditions of approval contained in Resolution No. 08-28 to read as follows: Planning Department 1) Approval is for the extension of the duration of the entitlement approval (time extension) for Development Review DRC2005-00490 and modification of the applicable approval time limit as described in Standard Condition B.2 contained in Resolution No. 08-28 that was adopted by the Planning Commission on May 28, 2008. 2) The time extension of the entitlement approval is for two(2)years. The new expiration date for Development Review DRC2005-00490 is May 28, 2015. 3) Any requests for future time extensions shall be subject to the procedures, conditions, and findings as set forth in Section 17.14.090 of the Development Code. 4) All other conditions of approval, including all of the standard/special conditions of approval of other City departments, for Development Review DRC2005-00490 and Tentative Tract Map SUBTT17433 shall apply. PLANNING COMMISSION RESOLUTION NO. 13-24 TIME EXTENSION DRC2013-00328 - CREATION INVESTMENT GROUP June 26, 2013 Page 3 5. 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: A- /N— d�L& Frances Howdyshell, Chairman ATTEST: C'Q, Candyce Burnt, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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