The URL can be used to link to this page

Home My WebLink About14-09 - Resolutions RESOLUTION NO. 14-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2013-00475, A REQUEST TO REMOVE 24 TREES IN CONJUNCTION WITH DEVELOPMENT REVIEW DRC2007-00951, A PROPOSAL TO CONSTRUCT A 122,304 SQUARE-FOOT INDUSTRIAL WAREHOUSE BUILDING ON 6.51 ACRES AT THE EXISTING BIANE WINERY SITE WITHIN THE GENERAL INDUSTRIAL DISTRICT LOCATED ON THE SOUTH SIDE OF EIGHTH STREET, BETWEEN HERMOSA AND ARCHIBALD AVENUES; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0209-201-19 AND 20. A. Recitals. 1. Jary Cockroft, for Biane Family Properties, filed an application for the approval of Tree Removal Permit DRC2013-00475 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 22nd day of January 2014, 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 January 22, 2014, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application is related to Development Review DRC2007-00951; and b. The application applies to the existing Biane Winery site located on the south side of Eighth Street between Hermosa and Archibald Avenues -APN: 0209-201-19 and 20. c. The subject property is zoned General Industrial; and d. The property to the north is zoned Low Medium and is developed with the Santa Fe Railway and residential development north of the tracks; and, the properties to the south,east,and west are zoned General Industrial and are developed with industrial/commercial buildings; and e. The applicant proposes to remove 24 heritage trees including 7 Eucalyptus, 5 Peppers, 2 Cedars, 1 Oak, and 9 Eucalyptus windrow; and f. The trees are not designated as historically significant; and PLANNING COMMISSION RESOLUTION NO. 14-09 TREE REMOVAL PERMIT DRC2013-00475 January 22, 2014 Page 2 g. The trees are not specifically noted in any Specific Plan; and h. It is necessary to remove the trees in order to grade the site and construct a future industrial building and associated improvements that will allow economic enjoyment of the property; and i. It is not necessary to remove the trees to construct required improvements within a flood control or utility right-of-way; and j. There are a significant number of mature trees within the surrounding neighborhood including citrus trees to the west and various species to the east. The existing Crape Myrtle street trees will remain, and most of the trees being removed are on-site and will not affect the established character of the area and the property values; and k. The trees cannot be preserved by pruning, proper maintenance, or relocated, rather than removal; and 1. 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 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 PLANNING COMMISSION RESOLUTION NO. 14-09 TREE REMOVAL PERMIT DRC2013-00475 January 22, 2014 Page 3 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 furtherfinds 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. 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 24 heritage trees including 7 Eucalyptus, 5 Peppers, 2 Cedars, 1 Oak, and 9 Eucalyptus windrow in conjunction with a proposal to construct an industrial warehouse building of 122,304 square feet in the General Industrial (GI) District located on the south side of Eighth Street, between Hermosa and Archibald Avenues -APN: 0209-201-19 and 20. 2) The trees that are removed shall be replaced on a one-to-one basis with a matching species of a minimum 15-gallon size. 3) The 9 Eucalyptus windrow being removed shall be replaced with Eucalyptus maculata (spotted gum), Eucalyptus nicholii, or other eucalyptus species as approved by the Planning Manager along the established grid pattern in fifteen (15)gallon size minimum spaced at eight feet(8 feet)on center and properly staked. The Final Landscape Plan shall indicate the location of the replacement Eucalyptus. 4) All Conditions of Approval for Development Review DRC2007-00951 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF JANUARY 2014. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 14-09 TREE REMOVAL PERMIT DRC2013-00475 January 22, 2014 Page 4 l BY: Fra s Howdyshell, dliairman ATTEST: a. Q Candyce qT tt, ecretary 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 22nd day of January 2014, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WZMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ ABSTAIN: COMMISSIONERS: NONE