HomeMy WebLinkAbout13-27 - Resolutions RESOLUTION NO. 13-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL
PERMIT DRC2013-00483, A REQUEST TO REMOVE TREES IN
CONJUNCTION WITH A PROPOSAL TO SUBDIVIDE A VACANT PARCEL
OF ABOUT 3,047,614 SQUARE FEET(79.67 ACRES) INTO 291 LOTS AND
ELEVEN (11) LETTERED LOTS WITHIN THE LOW MEDIUM (LM)
RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC PLAN (SOUTH
OVERLAY), LOCATED ABOUT 525 FEET EAST OF ETIWANDA AVENUE
AT THE NORTH SIDE OF ARROW ROUTE; AND MAKING FINDINGS IN
SUPPORT THEREOF—APN: 0229-041-09.
A. Recitals.
1. Lennar Homes of California filed an application for the approval of Tree Removal Permit
DRC2013-00483 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 10th day of July 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.
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 July 10, 2013, including written and oral staff reports, this
Commission hereby specifically finds as follows:
a. The application is related to Tentative Tract Map SUBTT18870 and Development
Review DRC2012-01202; and
b. The application applies to a vacant parcel located approximately 525 feet east of
Etiwanda Avenue at the north side of Arrow Route; and
C. The project site is an irregularly-shaped vacant parcel with an overall area of
approximately 3.5 million square feet(80.8 acres). The site is approximately 1,900 feet deep(north
to south); because of its irregular shape, it is approximately 1,300 feet wide (east to west) at the
north property line and approximately 2,100 feet wide at the south property line. There is a"dog leg"
extension that is approximately 232 feet in width and 688 feet in length at the northwest corner of
the property that extends to Foothill Boulevard; and
d. To the west of the project site are the Victoria Woods apartment complex and a
single-family residential subdivision; to the north is the San Sevaine Villas apartment complex.
Immediately to the east, and parallel to the east property line of the project site, is the Etiwanda/San
PLANNING COMMISSION RESOLUTION NO. 13-27
TREE REMOVAL PERMIT DRC2013-00483— LENNAR HOMES OF CALIFORNIA
July 10, 2013
Page 2
Sevaine flood control channel; and to the south are legal, non-conforming single-family residences,
industrial uses (principally outdoor storage), and several vacant parcels; and
e. Within the project site is a utility corridor comprised of easements in favor of
Southern California Edison (SCE) and Southern California Gas Company (SCGC) and associated
improvements such as transmission lines. This corridor is located parallel to the west property line
of the project site and is approximately 22 acres in area. The "dog leg" portion of the property is
entirely within this corridor; and
f. The zoning of the majority of the site is Low Medium (LM) Residential District,
Etiwanda Specific Plan (South Overlay); the portion of the site that is within the utility corridor is
zoned Open Space (OS) District. The zoning of the properties to the west beyond the utility corridor
are Low(L), Low Medium (LM), and Medium(M) Residential Districts, Etiwanda Specific Plan(South
Overlay). The zoning of the property to the north is Medium (M) Residential District,
Foothill Boulevard Overlay Zoning District (Subarea 4). The zoning of the properties to the south is
General Industrial (GI) District. The zoning of the flood control channel to the east is Floodway(FW)
(unincorporated San Bernardino County); and
g. The applicant proposes to remove nine(9) Southern California black walnut trees.
Per the Biological Resources Assessment prepared by M.J. Klinefelter in June 2013, Southern
California walnut woodland is a much fragmented, rare, and declining vegetation community. It is
primarily threatened by urbanization and grazing, non-native plants. The trees at the site represent
an extremely small portion of the Southern California black walnut population within its range in
California. Adverse impacts to this species as a result of proposed project implementation would be
less-than-significant if replacement trees are planted; and
h. The trees are not designated as historically significant; and
i. The trees are not specifically noted in the Etiwanda Specific Plan per Figure 5-13;
and
j. It is necessary to remove the trees in order to grade the site, and construct future
single-family residences and associated improvements which will allow economic enjoyment of the
property; and
k. It is not necessary to remove the trees to construct required improvements within a
flood control or utility right-of-way; and
I. There are a significant number of mature and newly planted trees within the
surrounding residential neighborhoods to the west and north. The removal does not affect the
established character of the area and the property values; and
m. The trees cannot be preserved by pruning and proper maintenance or relocation
rather than removal; and
n. 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:
PLANNING COMMISSION RESOLUTION NO. 13-27
TREE REMOVAL PERMIT DRC2013-00483 — LENNAR HOMES OF CALIFORNIA
July 10, 2013
Page 3
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
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 Manager 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.
PLANNING COMMISSION RESOLUTION NO. 13-27
TREE REMOVAL PERMIT DRC2013-00483 — LENNAR HOMES OF CALIFORNIA
July 10, 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department
1) Approval is for the removal of nine (9) Southern California black walnut
trees in conjunction with a proposal to subdivide a vacant parcel of
approximately 3,047,614 square feet (79.67 acres) into 291 lots and
eleven(11)lettered lots within the Low Medium (LM) Residential District,
-Etiwanda Specific Plan (South Overlay), located about 525 feet east of
Etiwanda Avenue at the north side of Arrow Route-APN: 0229-041-09.
2) Trees that are removed shall be replaced on a one-to-one basis with a
matching species of a minimum 15-gallon size.
3) 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.
4) All Conditions of Approval for Tentative Tract Map SUBTT18870 and
Development Review DRC2012-01202 shall apply.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF JULY 2013.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
nces Howdyshel , Chairman
ATTEST: 00
Can ice B 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 10th day of July 2013, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ,OAXACA,WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE