HomeMy WebLinkAbout14-48 - Resolutions RESOLUTION NO. 14-48
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL
PERMIT DRC2013-00825, A REQUEST TO REMOVE 9 TREES IN
CONJUNCTION WITH TENTATIVE TRACT MAP SUBTT18928 AND
DESIGN REVIEW DRC2013-00824,A PROPOSAL TO CONSTRUCT AN 8-
UNIT TOWNHOUSE DEVELOPMENT ON 1.02 ACRE WITHIN THE
MEDIUM (M) RESIDENTIAL DISTRICT, LOCATED AT 7490 CARNELIAN
STREET; AND MAKING FINDINGS IN SUPPORT THEREOF —
APN: 0207-022-11.
A. Recitals.
1. Alex Mustapha, filed an application for the approval of Tree Removal Permit
DRC2013-00825 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 8th day of October 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 October 8, 2014, including written and oral staff reports, this
Commission hereby specifically finds as follows:
a. The application is related to Tentative Tract Map SUBTT18928 and Design Review
DRC2013-00824; and
b. The application applies to a 1.02-acre parcel located at 7490 Carnelian Street -
APN: 0207-022-11; and
C. The subject property is zoned Medium (M) Residential; and
d. The project site has an overall area of approximately 44,431 square feet
(1.02 acre). The overall dimensions of the site are approximately 100 feet in width by approximately
431-441 feet in length; and
e. The property to the north of the subject site contains single-family residential and
townhomes that are located within the Medium (M) Residential District; the properties to the east,
across Carnelian Street, consist of single-family residential that are located within the Low (L)
Residential District; the properties to the south, consist of single-family residential and a water tank
located within the Medium (M) Residential District; the properties to the west, contain a flood
channel located within the Flood Control (FC) District; and
PLANNING COMMISSION RESOLUTION NO. 14-48
TREE REMOVAL PERMIT DRC2013-00825—ALEX MUSTAPHA
October 8, 2014
Page 2
f. The applicant proposes to remove 9 trees including 3 Chinese Elms and 6
Ash trees; and
g. The applicant has submitted an arborist report assessing the health of the
individual trees. The report observes that there are 3 trees in poor condition, 3 trees in good
condition, 4 trees in moderate condition and 1 dead tree; and
h. The trees are not designated as historically significant; and
i. The trees are not specifically noted in any Specific Plan; and
j. It is necessary to remove the trees in order to grade the site and construct the
townhouse development 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 trees within the surrounding
neighborhood including various species to the north, east and south. Most of the trees being
removed are on-site and do not affect the established character of the area and the property values;
and
m. The trees that can be preserved will be preserved in place; 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
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. Planning Department staff has determined that the project is categorically exempt from
the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under the Class 32 exemption under State CEQA Guidelines
Section 15332 (In-Fill Development Projects) because the project includes in-fill development
consistent with the applicable General Plan designation and regulations. In addition, there is no
substantial evidence that the project may have a significant effect on the environment. The
Planning Commission has reviewed the Planning Department's determination of exemption, and
based on its own independent judgment, concurs in the staffs determination of exemption.
PLANNING COMMISSION RESOLUTION NO. 14-48
TREE REMOVAL PERMIT DRC2013-00825—ALEX MUSTAPHA
October 8, 2014
Page 3
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 Department
1) Section 17.80.040 of the Rancho Cucamonga Municipal Code requires
that all heritage trees be replaced on a one-for-one basis, not less than
15-gallon size.
2) The replacement trees shall be planted on the same lot as the trees
that are being removed.
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 comes first.
4) All Conditions of Approval for Tentative Tract Map SUBTT18928 and
Design Review DRC2013-00824 shall apply.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF OCTOBER 2014.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: (�;�
Ravenel Wimberly, Chairman
ATTEST:
Candyc B rnett, 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 8th day of October 2014, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE