HomeMy WebLinkAbout19-72 - Resolution RESOLUTION NO. 19-72
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING HILLSIDE DESIGN
REVIEW (MODIFICATION) DRC2019-00228 A REQUEST TO MODIFY
ENGINEERING CONDITION OF APPROVAL #2 RELATED TO HILLSIDE
DESIGN REVIEW DRC2016-00377 FOR AN APPROVED 26-LOT
SUBDIVISION ON 18.2 ACRES OF LAND LOCATED ON THE EAST SIDE OF
CARNELIAN STREET AND NORTH OF HILLSIDE ROAD IN THE VERY LOW
(VL) RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) IN THE
HILLSIDE OVERLAY DISTRICT AND THE EQUESTRIAN OVERLAY
DISTRICT, THE HILLSIDE OVERLAY DISTRICT AND THE EQUESTRIAN
OVERLAY DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF—
APN: 1061-261-01.
A. Recitals.
1. NH Weaver Lane, LLC filed an application for the approval of Hillside Design Review
(Modification) DRC2019-00228, as described in the title of this Resolution. Hereinafter in this
Resolution,the subject Hillside Design Review(Modification) request is referred to as"the application."
2. On the 13th day of November 2019, 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 herebyfound,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 November 13, 2019, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a mostly vacant property of 18.2-acres located at the
northeast corner of Carnelian Street and Cherry Lane,about 665 feet north of Hillside Road in the Very
Low(VL) District; and
b. The project site and all surrounding properties are within the Very Low(VL) District,
the Hillside Overlay District, and the Equestrian Overlay District. The surrounding properties are all
developed with single-family residences; and
C. The applicant is requesting to modify Engineering Department Condition of Approval
#2 related to utility undergrounding.The proposed change is would allow the applicantto underground
the above-ground utilities for the first relocated utility pole north of the project site (rather than the first
existing offsite utility pole) to the first existing offsite utility pole to the south of the project site; and
PLANNING COMMISSION RESOLUTION NO. 19-72
HILLSIDE DESIGN REVIEW (MODIFICATION) DRC2019-00228
NH WEAVER LANE, LLC
NOVEMBER 13, 2019
Page 2
d. As approved, Engineering Department Condition of Approval#2 currently states:
"Per Resolution No. 87-96:All developments, except those contained in section 7
and others specifically waived by the Planning Commission, shall be responsible for
undergrounding all existing overhead utilitylines including the removal of the related
supporting poles adjacent to and within the limits of a development. The existing
overhead utilities (telecommunications and electrical) on the project side of
Camelian Street shall be undergrounded from the first pole off-site of the north
project boundary to the first pole off-site south of the project boundary, prior to
public improvement acceptance or occupancy, whichever occurs first."
e. As modified, Engineering Department Condition of Approval #2 will state:
"Per Resolution No. 87-96:All developments, except those contained in section 7 and
others specifically waived by the Planning Commission, shall be responsible for
undergrounding all existing overhead utility lines including the removal of the related
supporting poles adjacent to and within the limits of a development. The existing overhead
utilities (telecommunications and electrical) on the project side of Camelian Street shall be
undergrounded from the first relocated pole off-site of the north project boundary to the first
pole off-site south of the project boundary, prior to public improvement acceptance or
occupancy, whichever occurs first."
f. No other changes to Hillside Design Review DRC2016-00377are proposed.
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 approved project is consistentwith the General Plan.The General Plan Land Use
designation of the project site is Very Low(VL) District.The Very Low residential land use designation
is intended for the development of detached, very-low-density residential units on 20,000 square foot
lots or larger,with private yard and private parking.The project is for the development of single-family
residences on minimum 20,000 square foot lots with an overall density of 1.43 dwelling units per acre.
The proposed modification of Engineering Department Condition of Approval #2 related to utility
undergrounding will not impact the project's consistency with the General Plan.
b. The approved use is in accord with the objective of the Development Code and the
purposes of the district in which the site is located. The Development Code states that the Very Low
(VL) District is for the development of very-low-density residential use, with a minimum lot size of
20,000 square feet and a maximum residential density of up to 2-units per gross acre.The proposed
lots have a minimum lot size of 20,000 square feet with an overall density of 1:43 dwelling units per
acre. The proposed modification of Engineering Department Condition of Approval#2 related to utility
undergrounding will not impact the project's consistency with the Development Code.
C. The approved use is in compliance with each of the applicable provisions of the
Development Code.The approved project included two variances, one for a reduction in the 200-foot
lot depth requirement(DRC2016-00748)for Lots#11 -#15, and one for a rear yard setback reduction
(DRC2017-00014) for Lot#16. The proposed modification of Engineering Department Condition of
PLANNING COMMISSION RESOLUTION NO. 19-72
HILLSIDE DESIGN REVIEW (MODIFICATION) DRC2019-00228
NH WEAVER LANE, LLC
NOVEMBER 13, 2019
Page 3
Approval #2 related to utility undergrounding will not impact the project's consistency with the
Development Code.
d. The approved use, together with the conditions applicable thereto, will not be
detrimental to the public health,safety,orwelfare, or materially injurious to properties or improvements
in the vicinity. An environmental review was completed for the project which concluded that with the
proposed mitigation measures, the project would have a less than significant impact on the
environment. The proposed modification of Engineering Department Condition of Approval#2 related
to utility undergrounding will reduce impacts to the surrounding residential land uses as the required
utility undergrounding will impact less area of the existing public right-of-way.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration,togetherwith all written and oral reports included forthe environmental assessmentfor the
application, the Planning Commission finds that there is no substantial evidence that the project will
have a significant effect upon the environment and recommends thatthe City Council adopt a Mitigated
Negative Declaration based upon the findings as follows:
a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local
CEQA Guidelines, the City adopted a Negative Declaration on June 14, 2017, in connection with the
City's approval of Tentative Tract Map SUBTT20042 and Hillside Design Review DRC2016-00377.
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 indicates 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 Design Review (Modification)
DRC2019-00228,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 Negative Declaration The project scope is to modify an Engineering Department condition of
approval related to unity undergrounding. Staff further finds that the project will not have one or more
significant effects not discussed in the previous 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 projectto a level of less than significant. The proposed modification of the approved
Engineering Department condition related to utility undergrounding will reduce the impact on the
environment by reducing the amount of existing public right-of-way that will need to be disturbed to
install the underground utilities.
C. Based on these findings and all evidence in the record, the Planning Commission A
concurs with the staff determination that no additional environmental review is required pursuant to
CEQA in connection with the City's consideration of Design Review(Modification) DRC2019-00228.
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 modified Engineering Department Standard
Condition #2 and every condition set forth in the Standard Conditions related to Design Review
DRC2016-00377, attached hereto by this reference
PLANNING COMMISSION RESOLUTION NO. 19-72
HILLSIDE DESIGN REVIEW (MODIFICATION) DRC2019-00228
NH WEAVER LANE, LLC
NOVEMBER 13, 2019
Page 4
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 2019.
PLANNING COMMION OF THE CITY OCHO CUCAMONGA
BY:
Tony uglielmo, Chairman
ATTEST:—&'J/"1
Anne MC nt sh, AICP, Secretary
1,Anne McIntosh,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 November 2019, by the following vote-to-wit:
AYES: COMMISSIONERS: GUGLIELMO, DOPP, OAXACA, WILLIAMS, MORALES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Conditions of Approval
cRUANCao
CAMONGA Community Development Department
Project#: DRC2019-00228
Project Name: Weaver Lane- Modification
Location: 5367 CARNELIAN ST- 106126101-0000
Project Type: Hillside Development Review
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. All Conditions of Approval related to SUBTT20042 shall apply to DRC2019-00228 except for
Condition#2 which has been modified to read as follows:
"Per Resolution No. 87-96: All developments, except those contained in section 7 and
others specifically waived by the Planning Commission, shall be responsible for
undergrounding all existing overhead utility lines including the removal of the related
supporting poles adjacent to and within the limits of a development. The existing overhead
utilities (telecommunications and electrical) on the project side of Carnelian Street shall be
undergrounded from the first relocated pole off-site of the north project boundary to the first
pole off-site south of the project boundary, prior to public improvement acceptance or
occupancy, whichever occurs first."
Standard Conditions of Approval
2. 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.
3. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s)
are for information only to all parties involved in the construction/grading activities and are not
required to be wet sealed/stamped by a licensed Engineer/Architect.
4. 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.
�.Cityol`RC.us
Printed:11/14/2019