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Home My WebLink About14-28 - Resolutions RESOLUTION NO. 14-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2013-00889, A REQUEST TO REMOVE TREES IN CONJUNCTION WITH A PROPOSED 45-LOT SUBDIVISION OFA VACANT PARCEL OF ABOUT 7.16 ACRES WITHIN THE MEDIUM (M) AND LOW MEDIUM (LM) RESIDENTIAL DISTRICTS, LOCATED BETWEEN ARCHIBALD AVENUE AND RAMONA AVENUE,AT THE NORTH SIDE OF THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL, ABOUT 1,400 FEET NORTH OF BASE LINE ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1076-181-01. A. Recitals. 1. Manning Homes filed an application for Tree Removal Permit DRC2013-00889 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 13th day of August 2014 the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 August 13, 2014, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to a parcel located between Archibald Avenue and Ramona Avenue, at the north side of the Pacific Electric Inland Empire Trail, about 1,400 feet north of Base Line Road; and b. The project site is a rectangular parcel with an overall area of about 312,000 square feet(7.16 acres). The overall dimensions of the site are about 1,200 feet deep(east to west) and 250 feet (north to south); and C. The project site is generally vacant with the exception of a single-family residence that was built circa 1915 that is located at the east side of the project site near Ramona Avenue; and PLANNING COMMISSION RESOLUTION NO. 14-28 TREE REMOVAL PERMIT DRC2013-00889 — MANNING HOMES August 13, 2014 Page 2 d. To the west of the project site, is an equestrian/pet supplies retail store;to the north and east are single-family residences; and to the south are an apartment complex and a mobile home park; and e. According to the Zoning Map adopted by the City Council on July 18, 2012, the project site is currently within two zoning districts. The western half of the project site an area of about 147,000 square feet (about 3.37 acres) is zoned as Medium (M) Residential District. The eastern half of the project, an area of about 165,000 square feet (about 3.77 acres), is zoned as Low Medium (LM) Residential District; and f. This application is in conjunction with Tentative Tract Map SUBTT18912, Development Review DRC2013-01083, Zoning Map Amendment DRC2013-00887, Minor Exception DRC2014-00161, and Development Code Amendment DRC2014-00626; and g. The application includes numerous trees at various locations within the project site. The applicant submitted a Tree Survey Report, prepared by BonTerra Psomas on February 12, 2014, that included the description and health of the individual trees and their overall health and condition. The survey identified 117 of these trees as"heritage"trees which are subject to the City's tree preservation requirements as described in Section 17.80.050 of the Development Code; and h. The proposed project includes the planting of new trees on a one-to-one basis to replace the trees that are removed. The trees that are located within the Eucalyptus windrow along the north side of the project site will be replaced with new trees of a minimum 24-inch box size. These replacement trees will be in addition to the trees that are required by the Development Code for new residential development; and i. There are also numerous fruit-bearing trees within the project site that will be removed —these trees are not subject to the City's tree preservation requirements; and j. The trees are not designated as historically significant; and k. 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 I. There are a significant number of trees within the surrounding residential neighborhoods to the north, south, and east. 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: a. The proposed project is consistent with the objectives of the General Plan; and PLANNING COMMISSION RESOLUTION NO. 14-28 TREE REMOVAL PERMIT DRC2013-00889 — MANNING HOMES August 13, 2014 Page 3 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 recommends the City Council adopt 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 recommends the City Council adopt a 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 recommends the City Council adopt 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 recommendation 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. PLANNING COMMISSION RESOLUTION NO. 14-28 TREE REMOVAL PERMIT DRC2013-00889 — MANNING HOMES August 13, 2014 Page 4 Planning Department 1) Approval is for the removal of trees in conjunction with a proposed 45- lot subdivision of a vacant parcel of about 7.16 acres within the Medium (M) and Low Medium (LM) Residential Districts, located between Archibald Avenue and Ramona Avenue, at the north side of the Pacific Electric Inland Empire Trail, about 1,400 feet north of Base Line Road -APN: 1076-181-01. 2) The trees that are located within the interior of the project, but not including the trees within the Eucalyptus windrow along the north side of the project site, shall be replaced with new trees, on a one-to-one basis, of a minimum 15-gallon size. These trees are in addition to the trees that are required by the Development Code for new residential development. 3) The trees that are located within the Eucalyptus windrow along the north side of the project site, shall be replaced with new trees, on a one-to-one basis, of a minimum 24-inch box size. These trees shall be planted within the rear yards of Lots 26 through 43 and side yards of Lots 44 and 45. These trees are in addition to the trees that are required by the Development Code for new residential development. 4) This permit shall be valid for a period of 5 years, unless an extension is requested in writing at least 30 days prior to the expiration date. 5) All Conditions of Approval for Tentative Tract Map SUBTT18912 and Development Review DRC2013-01083 shall apply. 6) Approval of Tree Removal Permit DRC2013-00889 is contingent upon the approval of Tentative Tract Map SUBTT18912, Development Review DRC2013-01083, Minor Exception DRC2014-00161, Development Code Amendment DRC2014-00626, and Zoning Map Amendment DRC2013-00887. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF AUGUST 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: C_A--Q Candyce t ett, Secretary PLANNING COMMISSION RESOLUTION NO. 14-28 TREE REMOVAL PERMIT DRC2013-00889 — MANNING HOMES August 13, 2014 Page 5 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 13th day of August 2013, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN: COMMISSIONERS: NONE