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Home My WebLink About16-58 - Resolutions - Request For A One Year Time Extention RESOLUTION NO. 16-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TIME EXTENSION DRC2016-00519 —A REQUEST TO ALLOW FOR A ONE (1) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED 2-LOT TENTATIVE PARCEL MAP (SUBTPM17663) ON 0.396 ACRES IN THE LOW (L) RESIDENTIAL DISTRICT, ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF TRYON STREET, LOCATED AT 7912 ARCHIBALD AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF-APN:APN: 0208-131-84. A. Recitals. 1. Tim Harrison filed an application for the extension of the approval of Tentative Parcel Map No. 17663, 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 July 26, 2006, this Commission adopted Resolution No. 06-72, thereby approving the application subject to specific conditions and time limits. 3. A State allowed extension (per SB 1185) extended the approval period 1-year to July 26, 2010. 4. A State allowed extension (per AB 333) extended the approval period 2-years to July 26, 2012. 5. A State allowed extension (per AB 208) extended the approval period 2-years to July 26, 2014. 6. A State allowed extension (per AB 116) extended the approval period 2-years to July 26, 2016; 7. On November 9, 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. 8. 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 substantial evidence presented to this Commission during the above- referenced public hearing on November 9, 2016, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The project site contains approximately 0.39 acres of a generally rectangular PLANNING COMMISSION RESOLUTION NO. 16-58 TIME EXTENSION DRC2016-00519—TIM HARRISON November 9, 2016 Page 2 shape on the west side of Archibald Avenue, south of Tryon Street, and is presently improved with a single-family residence; and b. The properties to the north, west, and south contain existing single-family residences, the property to the east contains an elementary school. All surrounding properties are located within the Low (L) Residential District (2-4 dwelling units per acre); and c. The application contemplates the subdivision of the subject parcel into 2 single- family residential parcels. One parcel will contain the existing single-family residence. The applicant does not intend to construct a home on the second lot at this time; and d. The subdivision of the project site conforms to all applicable development standards applicable to property in the Low (L) Residential District; and e. This application is a request to extend the approval period of Tentative Parcel Map SUBTPM17663 for one (1) additional year. Upon the initial approval of SUBTPM17663 on July 26, 2006, the approval period was for a duration of 3 years and was set to expire on July 26, 2009. Since SUBTPM17663 was approved, the State Legislature passed a series of Assembly/Senate Bills automatically extending the approval period of various active tentative maps throughout the State. Based on these legislative actions, SB 1185 extended the approval period 1-year to July 26, 2010, AB 333 extended the approval period 2-years to July 26, 2012, AB 208 extended the approval period 2-years to July 26, 2014, and AB 116 extended the approval period 2-years to July 26, 2016; and f. Both parcels will have access to a public right-of-way. Access to the project site will be via Effen Street Boulevard, east of Klusman Avenue; all right-of-way improvements on Effen Street are existing. 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 Tentative Parcel Map is consistent with the City's current General Plan, specific plans, ordinances, plans, codes, and policies. The proposed project is to subdivide the property into 2 parcels and is consistent with the development district of the project site; and b. The site is physically suitable for the type and density of the proposed subdivision. The surrounding properties to the north, west, and south, are developed with single- family residential homes, the property to the east contains an elementary school; and c. The proposed 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. The proposed project is to subdivide 1 existing single-family residential lot into 2 parcels, which will allow for the retention of the existing house on one lot and the future construction of a new house on the second lot; and d. The proposed subdivision complies with each of the applicable provisions of the Development Code. The proposed subdivision meets all standards outlined in the Development PLANNING COMMISSION RESOLUTION NO. 16-58 TIME EXTENSION DRC2016-00519 —TIM HARRISON November 9, 2016 Page 3 Code and the design and development standards and policies of the Planning Commission and the City; and e. The extension is within the time limits established by State law and local ordinance. State law allows for one (1) year time extensions. 4. The Planning Department staff determined that the project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315—Minor Land Divisions - as the proposal is to subdivide the property into four parcels or less. Development of the site by the applicant is not proposed. The project consists of the division of property in urbanized areas zoned for residential use into four or fewer parcels, is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. Finally, there is no substantial evidence that the project may have a significant effect on the environment.ln 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 determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a time extension for: Tentative Parcel Map Applicant Expiration SUBTPM17663 Tim Harrison July 26, 2017 6. All applicable Conditions of Approval in Resolution No. 06-72 and incorporated Standard Conditions in Resolution 06-72 for SUBTPM17663 shall apply to Time Extension DRC2016-00519. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: Candy Burnett, Secretary PLANNING COMMISSION RESOLUTION NO. 16-58 TIME EXTENSION DRC2016-00519 —TIM HARRISON November 9, 2016 Page 4 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 9th day of November 2016, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ, WIMBERLY ABSTAIN: COMMISSIONERS: NONE