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Home My WebLink About99-03 - Resolutions RESOLUTION NO. 99-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A REQUEST FOR A TIME EXTENSION FOR VESTING TENTATIVE TRACT NO. 14475, FOR THE DEVELOPMENT OF 66 SINGLE FAMILY LOTS ON 113 ACRES OF LAND IN THE HILLSIDE RESIDENTIAL (LESS THAN 2 DWELLING UNITS PER ACRE) AND OPEN SPACE DISTRICTS, LOCATED NORTH OF ALMOND AVENUE BETWEEN SAPPHIRE AND TURQUOISE STREETS,AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 200-051-07 AND 55 THROUGH 57. A. Recitals. 1. On November 18, 1992,the City Council adopted Resolution 92-288,thereby certifying the Final Subsequent Environmental Impact Report and adopting the Mitigation Monitoring Program for Vesting Tentative Tract No. 14475. 2. On November 18, 1992, the City Council adopted Resolution 92-290, thereby approving, subject to specific conditions and time limits, Vesting Tentative Tract 14475. 3. On March 30, 1993, the California gnatcatcher (Polioptila californica) was listed as a threatened species pursuant to the Federal Endangered Species Act of 1973 (as amended). 4. On January 27, 1998,the San Bernardino Merriam's kangaroo rat(Dipodomys merriami parvus) was emergency listed as an endangered species pursuant to the Federal Endangered Species Act of 1973 (as amended). 5. Vesting Tentative Tract Map 14475 was eligible for and received State-granted time extensions pursuant to SB 428 and AB 771 which automatically extended the expiration date of the map until November 18, 1997. 6. On August 6, 1997, the City Planner granted a one-year time extension for Vesting Tentative Tract Map 14475, which extended the expiration date of the map until November 18, 1998. 7. Ray Allard, as the duly authorized agent of the owner of the subject property, filed an application on October 26, 1998, for the extension of the approval of Vesting Tentative Tract No. 14475, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 8. On January 13, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded the hearing on that date. 9. 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. PLANNING COMMISSION RESOLUTION NO. 99-03 VTT 14475 - ALLARD ENGINEERING January 13, 1999 Page 2 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on January 13, 1999, including the information contained in the Environmental Initial Study Part II,written and oral staff reports,togetherwith public testimony,this Commission hereby specifically finds as follows: a. The federally-listed California gnatcatcher and federally-listed San Bernardino Merriam's kangaroo rat are associated with, and rely upon, coastal sage scrub habitat. b. Federally-listed species and their habitats are protected under the federal Endangered Species Act of 1973 (as amended); and c. The project site consists of 113 acres, of which 58 acres are coastal sage scrub habitat; and d. The project will result in the loss of essentially all of the coastal sage scrub habitat and 23 acres of chaparral due to development and fire mitigation. e. The California Department of Fish and Game submitted a letter to the City dated April 2, 1998,which indicates it is very concerned with continued, unmitigated loss of habitats and sensitive species populations. The concern includes projects that have been dormant for years which are being reactivated utilizing old CEQA documentation. The Department feels reliance upon the use of environmental approvals more than five years old raises serious questions regarding their adequacy and compliance with CEQA due to a number of factors including (1) biological survey information is generally only valid for one to three years; (2) changes in habitat conditions,site use,and species listing status is common;and(3)a large preserve in the Etiwanda area was recently established which provides mitigation opportunities that were not available several years ago. f. The Subsequent Environmental Impact Report and Mitigation Monitoring Program which were approved in 1992 are more than five years old. g. At the time of preparation of the Initial Study Part II and the noticing of the public hearing, a final biological report was not available to provide evidence to indicate the presence or absence of the aforementioned federally-listed species and to render conclusions on the significance of the coastal sage scrub habitat on site. Further, a"draft"biological report indicated the project impacts to coastal sage scrub (loss of 58 acres) may be considered significant as this loss may substantially diminish habitat for wildlife and plants. h. There is potential that significant effects previously examined may be substantially more severe than shown in the SEIR. i. The Califomia Environmental Quality Act(CEQA)sets forth provisions to require Subsequent and Supplemental Environmental Impact Reports when, on the basis of substantial evidence in the light of the whole record, substantial changes occur with respect to the circumstances under which the project will be undertaken which may cause a substantial increase in the severity of previously identified significant effects; and j. The Planning Commission hereby finds and determines that based upon the information in the Initial Study Part II,a Supplemental Environmental Impact Report for the project is required to analyze biological impacts identified in the Initial Study. Also indicated in the Initial Study, responsible agencies, including the U.S. Fish and Wildlife Service, U.S. Forest Service, Califomia Department of Fish and Game, Rancho Cucamonga Fire Protection District, and PLANNING COMMISSION RESOLUTION NO. 99-03 VTT 14475 -ALLARD ENGINEERING January 13, 1999 Page 3 Cucamonga County Water District, may be aware of changed circumstances since 1992 which impact the project. Responsible agencies would be provided an opportunity to comment on the adequacy of prior mitigation measures and, if applicable, recommend expanding the scope of analysis, in a Notice of Preparation of a Supplemental Environmental Impact Report. 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 decision-makers and the public are entitled to the completion of the environmental review of a project pursuant to the California Environmental Quality Act prior to the rendering of a decision in favor of the project. b. A Subsequent or Supplemental Environmental Impact Report has not been prepared nor made available for public review for the project. Therefore, the environmental review required by the California Environmental Quality Act has not been completed for the project. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the requested time extension for Vesting Tentative Tract 14475. The Vesting Tentative Tract is therefore deemed expired by its own terms. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA / 1 BY: A,I_ L _ I _ : -I arty T. Mc ' =1, Chairman ATTEST: `� / Bra Vler, - ary I, Brad Buller, 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 13th day of January 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE