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HomeMy WebLinkAbout15-10 - Resolutions RESOLUTION NO. 15-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2014-00581, A REQUEST TO REMOVE TREES IN CONJUNCTION WITH A PROPOSED 8-LOT SUBDIVISION OF A VACANT PARCEL OF ABOUT 1.89 ACRE WITHIN THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC PLAN, AT THE SOUTH SIDE OF BASE LINE ROAD BETWEEN SHELBY PLACE AND EMMETT WAY, LOCATED AT 13025 BASE LINE ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1100-011-02. A. Recitals. 1. Marc Homes, LLC filed an application for Tree Removal Permit DRC2014-00581 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 28th day of January 2015, 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 January 28, 2015, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to a vacant property located at the south side of Base Line Road between Shelby Place and Emmett Way; and b. The project site is a generally square parcel with an overall area of approximately 82,300 square feet(1.89 acre). The overall dimensions of the site are approximately 270 feet(east to west) and 300 feet (north to south); and C. Immediately adjacent to the south side of the project site and to the west, on the opposite side of Emmett Way, are single-family residences (Tract 16454). To the north, on the opposite side of Base Line Road, is a largely undeveloped set of parcels; on one of these parcels is a small single-family residence. To the east, on the opposite side of Shelby Place, is a condominium complex (Tract 16455, Brighton Etiwanda Condominiums); and d. The zoning of the property and all the surrounding properties is Low Medium (LM) Residential District, Etiwanda Specific Plan; and PLANNING COMMISSION RESOLUTION NO. 15-10 TREE REMOVAL PERMIT DRC2014-00581 — MARC HOMES, LLC January 28, 2015 Page 2 e. This application is in conjunction with Tentative Tract Map SUBTT18996 and Development Review DRC2014-00645; and f. The proposed project includes the removal of nine (9)trees that are located along the north side of the project site. The applicant submitted a Tree Inventory Arborist Report, prepared by Ryan Wagner on May 13, 2014, that included the description and health of the individual trees and their overall health and condition. The survey identified only one (1) 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 g. 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 h. There are a numerous trees within the surrounding residential neighborhoods to the east, south, and west. The removal does not affect the established character of the area on the property values; and i. The trees cannot be preserved by pruning and proper maintenance or relocation rather than removal; and j. 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: PLANNING COMMISSION RESOLUTION NO. 15-10 TREE REMOVAL PERMIT DRC2014-00581 — MARC HOMES, LLC January 28, 2015 Page 3 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 adopts 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 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 determination is based is the Planning Director 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 attached. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: avenel Wimberly, Chairman ATTEST: ej,I Candyce u ett, Secretary PLANNING COMMISSION RESOLUTION NO. 15-10 TREE REMOVAL PERMIT DRC2014-00581 — MARC HOMES, LLC January 28, 2015 Page 4 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 28th day of January 2015, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE Conditions of Approval RANCHO G . MON Community Development Department Project#: DRC2014-00581 Project Name: TRP FOR 8 LOT SUBDIVISION /// S/S BASE LINE, EMMETT + SHELBY Location: Project Type: Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT., A. Planning Department 1. Approval is for the removal of nine (9) trees, including one (1) "heritage" tree in conjunction with Tentative Tract Map SUBTT18966 and Development Review DRC2014-00645, a proposed 8-lot subdivision of a vacant parcel of about 1.89 acre in the Low Medium (LM) Residential District, Etiwanda Specific Plan, at the south side of Base Line Road between Shelby Place and Emmett Way located at 13025 Base Line Road; APN: 1100-011-02. 2. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 3. The "heritage" tree that is removed shall be replaced with a new tree of a minimum 15-gallon size. This tree is in addition to the trees that are required by the Development Code for new residential development. 4. All Conditions of Approval for Tentative Tract Map SUBTT18966 and Development Review DRC2014-00645 shall apply. 5. The applicant shall agree to. defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 6. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 7. Approval of Tree Removal Permit DRC2014-00581 is contingent upon the approval of Tentative Tract Map SUBTT18966 and Development Review DRC2014-00645. w .CityofRC.us Printed:1/15/2015