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Home My WebLink About18-13 - Resolution - Approval of Time Extension for One Year for SUBTT18210 RESOLUTION NO. 18-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TIME EXTENSION DRC2018-00054, A REQUEST TO ALLOW FOR A ONE (1) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED 7 LOT TENTATIVE TRACT MAP (SUBTT18210) ON 4.89 ACRES OF LAND IN THE VERY LOW (VL) DISTRICT (1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN ON THE SOUTH SIDE OF BANYAN STREET BETWEEN GREENWOOD PLACE AND LAUREL BLOSSOM PLACE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0225- 171-04. A. Recitals. 1. Susan Etcheberria filed an application for the extension of the approval of Tentative Tract Map SUBTT18210, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 2. On March 28, 2007, the Commission adopted Resolution No. 07-12, thereby approving the application subject to specific conditions and time limits. 3. The State approved a time extension of approved tentative maps (SB 1185) that extended the approval period by 1-year to March 28, 2011; 4. The State approved a time extension of approved tentative maps (AB 333) that extended the approval period by 2-years to March 28, 2013; 5. The State approved a time extension of approved tentative maps (AB 208) that extended the approval period by 2-years to March 28, 2015; 6. The State approved a time extension of approved tentative maps (AB 116) that extended the approval period by 2-years to March 28, 2017; 7. On February 22, 2017, this Commission adopted Resolution No. 17-13, thereby extending the approval period by 1-year to March 28, 2018; 8. On March 14, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 9. 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. PLANNING COMMISSION RESOLUTION 18-13 TIME EXTENSION DRC2018-00054 (TENTATIVE MAP SUBTT18210) SUSAN ETCHEBERRIA March 14, 2018 Page 2 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on March 14, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 4.89-acre parcel of land located on the south side of Banyan Street between Greenwood Place and Laurel Blossom Place; and b. The subject property is within the Etiwanda Specific Plan and the Equestrian Overlay District. The project site generally slopes from north to south and has been regularly cleared of vegetation; and c. The project is surrounded by single-family residential development to the south east and west within the Very Low (VL) District (.1 to 2 dwelling units per acre) of the Etiwanda Specific Plan. The lots to the north, across Banyan Street, are undeveloped and within the Estate Residential (ER) District (.1 to 1 dwelling units per acre) of the Etiwanda Specific Plan; and d. The subdivision of the project site conforms to all applicable development standards of the Etiwanda Specific Plan for the Very Low (VL) District; and e. This application is a request to extend the approval period of Tentative Tract Map SUBTT18210 for one (1) additional year. The time extension is necessary to provide the applicant time to sell the project site. The expiration date with the approval of Time Extension DRC2018- 00054 will be March 28, 2019. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing 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 previously approved subdivision is consistent with the City's current General Plan, Etiwanda Specific Plan, Ordinances, plans, codes, and policies. The approved project is for the subdivision of 4.89 acres of land for the future development of 7 single-family residences. The approved subdivision is consistent with the related City requirements for the project site; and b. The site is physically suitable for the type and density of the previously approved subdivision. The project site is well suited for the approved subdivision as there is similar residential development to the east, west and north and vacant residentially zoned property to the north; and c. The previously approved subdivision, 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. An initial study was prepared for the original project that was approved by the Planning Commission on March 28, 2007, along with a Mitigated Negative Declaration, which reviewed potential environmental impacts created by the subdivision of the project site into 7 residential lots. Mitigation measures were included in the original approval reducing any potential impact to less than significant; and d. The previously approved subdivision complies with each of the applicable provisions of the Development Code. The previously approved subdivision complies all PLANNING COMMISSION RESOLUTION 18-13 TIME EXTENSION DRC2018-00054 (TENTATIVE MAP SUBTT18210) SUSAN ETCHEBERRIA March 14, 2018 Page 3 development standards outlined in the Development Code and the Etiwanda Specific Plan for the development of single-family residences within the Very Low (VL) District; and e. The time extension is within the time limits established by State law and local ordinance. State law allows for one (1) year time extensions of tentative maps. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on March 28, 2007, in connection with the City's approval of Tentative Tract Map SUBTT18210. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicate new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or(iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with Tentative Tract Map SUBTT18210, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration.The application is for a one(1)year time extension of a previously approved tentative tract map with no proposed changes to the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. c. Based on these findings and all evidence in the record,the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of a one (1) year time extension for Tentative Tract Map SUBTT18210. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a one (1) year time extension. The new expiration date for Tentative Tract Map SUBTT18210 is March 28, 2019. 6. All applicable Conditions of Approval in Resolution No. 07-12 and the Standard Conditions incorporated in Resolution 07-12 for SUBTT18210 shall apply to Time Extension DRC2018-00054. The approval of time extension DRC2018-00054 is also subject to the attached Standard Conditions incorporated herein by this reference. PLANNING COMMISSION RESOLUTION 18-13 TIME EXTENSION DRC2018-00054 (TENTATIVE MAP SUBTT18210) SUSAN ETCHEBERRIA March 14, 2018 Page 4 The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MARCH 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY. Francisco Oaxaca, Ch irman I ATTEST: Candy il+urnett, 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 14th day of March 2018, by the following vote-to-wit: AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE Conditions of Approval RANCHO Community Development Department GuCAmoNCA Project#: DRC2018-00054 Project Name: Time Extension Location: 12765 BANYAN ST- 022517104-0000 Project Type: Time Extension ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs of street lights and to provide power to City owned street lights. Grading Section Standard Conditions of Approval 1. Prior to the issuance of a grading permit, the applicant shall provide to the Engineering Services Department a set of off-site sewer plans which are approved by the Cucamonga Valley Water District. Tentative Tract Map 18210 shows the proposed 7 lots connecting to an existing sewer main in Laurel Blossom Place. Connection to an existing sewer main is required per City of Rancho Cucamonga Ordinance 911. 2. The City of Rancho Cucamonga does not allow on-site storm water quality treatment BMP devices within the individual single-family lots which will be required to be inspected and maintained by each individual homeowner. As a condition of approval for this single-family residential project (including tentative tract maps and parcel maps, and final tract maps and parcel maps of 2 lots/parcels or more) a common storm water treatment system(s) will be required which shall be maintained by a homeowners' association prior to the approval of a water quality management plan and issuance of a grading permit. 3. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 4. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 5. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 6. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. www.CityofRC.us Printed:2/14/2018 Project#: DRC2018-00054 Project Name: Time Extension Location: 12765 BANYAN ST- 022517104-0000 Project Type: Time Extension ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 7. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP's). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 8. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project-specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project-specific water quality management plan. 9. Prior to issuance of a grading permit the Final Project-Specific Water Quality Management Plan shall include a completed copy of "Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section VII — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, ..." of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 10. Prior to approval of the final project-specific water quality management plan the applicant shall have a soils engineer prepare a project-specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 11. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP)storm water treatment devices and best management practices (BMP). 12. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. www.CityofRC.us Printed:2/14/2018 Page 2 of 3 Project#: DRC2018-00054 Project Name: Time Extension Location: 12765 BANYAN ST- 022517104-0000 Project Type: Time Extension ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 13. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 14. The subject project, shall accept all existing off-site storm water drainage flows and safely convey those flows through or around the project site. If existing off-site storm water drainage flows mix with any on-site storm water drainage flows, then the off-site storm water drainage flows shall be treated with the on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 15. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As-Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. www.CityofRC.us Printed:2/14/2018 Page 3 of 3