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HomeMy WebLinkAbout16-05 - Resolutions - Tree Removal 9944 Highland, 112 Unit Residental Care RESOLUTION NO. 16-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2015-00174, A REQUEST TO REMOVE 35 TREES FOR THE DEVELOPMENT OF A 112-UNIT RESIDENTIAL CARE FACILITY ON 4.07 ACRES IN THE LOW (L) RESIDENTIAL DISTRICT, ON THE NORTH SIDE OF HIGHLAND AVENUE, BETWEEN ARCHIBALD AVENUE AND HERMOSA AVENUE, LOCATED AT 9944 HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0201-055-49. A. Recitals. 1. The applicant, SRM Development, filed an application for the approval of Tree Removal Permit No. DRC2015-00174, 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 January 2016, the Planning Commission of the City of Rancho Cucamonga conducted a 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 meeting on January 13, 2016, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to approximately 4.07 acres of land, basically a rectangular configuration, located on the north side of Highland Avenue, between Archibald Avenue and Hermosa Avenue. Said property is currently designated as Low Residential; and b. The project site is approximately 310 feet from east to west and 652 feet from north to south and is presently vacant; and c. To the north and east of the site are single-family homes, immediately to the west of the project site is a San Bernardino County flood control channel (partially underground) and beyond that are multi-family homes, and to the south is the 210 Freeway, and to the east is the Highland Avenue Community Church and School; and d. The related Design Review application (DRC2015-00165) is a request to develop a three-level, 96-unit, Assisted Living building totaling 111,684 square feet and a one-level, 16- PLANNING COMMISSION RESOLUTION NO. 16-05 TRP DRC2015-00174 — SRM DEVELOPMENT January 13, 2016 Page 2 unit, Memory Care building totaling 10,870 square feet, located on the north side of Highland Avenue, between Archibald Avenue and Hermosa Avenue; and e. The trees are not designated as historically significant; and f. The trees are not noted in any Specific Plan/Community Plan or condition of approval; and • g. The applicant has submitted an arborist report assessing the health of the individual trees. The Arboricultural Tree Survey (LSA, November 25, 2014), identifies that although some of the trees appear healthy, their locations conflict with proposed improvements, they are not suitable for relocation, and most are available as replacement plantings through most commercial nurseries. The Landscape Plan demonstrates that the thirty-five (35) non-heritage trees removed as part of this project will be replaced with a variety of 36-inch box, 24-inch box, and 15-gallon size trees. Based on Development Code standards for tree plantings a total of 183 trees are required for the project, and the Landscape Plan proposes planting 210 trees throughout the project site; and h. It is necessary to remove the trees in order to construct improvements which allow economic enjoyment of the property; and i. There are a variety of existing healthy trees in the neighborhood; the removal does not affect the established character of the area and the property values; and • j. It is not necessary to remove the trees to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way; and k. The trees cannot be preserved by pruning and proper maintenance or relocation rather than removal; and I. 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 • PLANNING COMMISSION RESOLUTION NO. 16-05 TRP DRC2015-00174—SRM DEVELOPMENT January 13, 2016 Page 3 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; and 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 the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and 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 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 set forth below. Planning Department 1) Approval is contingent upon City Council approval and enactment of Development Code Amendment DRC2015-00555. 2) Approval is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impacts for the project and the Mitigation Monitoring Program and all mitigations contained therein. PLANNING COMMISSION RESOLUTION NO. 16-05 TRP DRC2015-00174—SRM DEVELOPMENT January 13, 2016 Page 4 3) All applicable Conditions of Approval as contained in DRC2015- 00165, shall apply. 4) Section 19.08.100 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. 5) The replacement trees shall be planted on the same lot as the trees that are being removed. 6) 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA B Ravenel Wimberly, Chairman ATTEST: Candyce rnett, Secretary I, Candyce Burnett, 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 2016, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER ABSTAIN: COMMISSIONERS: NONE