HomeMy WebLinkAbout19-49 - ResolutionRESOLUTION NO 19-49
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FORA
STAY OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 BASED ON'
PRIOR LITIGATION(DRC2019-00374) FOR A PREVIOUSLY APPROVED
TENTATIVE TRACT MAP (SUBTT16072) TO SUBDIVIDE 150.79 ACRES
INTO 358 LOTS IN THE LOW (2-4 DWELLING UNITS PER ACRE)
RESIDENTIAL DISTRICT, WITH AN AVERAGE DENSITY OF 2.3
DWELLING UNITS PER ACRE FOR THE ENTIRE PROJECT, IN THE
UPPER ETIWANDA NEIGHBORHOOD OF THE ETIWANDA NORTH
SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF WILSON
AVENUE AND ETIWANDA AVENUE; AND MAKING FINDINGS IN
SUPPORT THEREOF - APNs: 1087-081-12, 19 THROUGH 24.
A. Recitals.
1. Golden Meadowiand, LLC. and Ranch Haven, LLC. filed an application for a Stay of
Time for Tentative Tract Map SUBTT16072 Based on Prior Litigation (DRC2019-00374), as
described in the title of this Resolution. Hereinafter in this Resolution, the subject Stay of Time
request is referred to as "the application."
2. On June 16, 2004, the City Council adopted its Resolution No. 04-206, thereby,
approving Tentative Tract Map SUBTT16072 subject to specific conditions and time limits.
3. On July 16, 2004, the Spirit of the Sage Council filed a petition for writ of mandate.
against the City of Rancho Cucamonga (San Bernardino County Superior Court Case No. RCVRS
081847), to which the applicant was named as a party of interest. The Spirit of the Sage Council
challenged the City's approval of Tentative Tract Map SUBTT16072. A settlement agreement was
reached between Spirit of the Sage Council and the applicant on August 12, 2005. The total number
of days between the writ of mandate filing petition and the settlement agreement was 392 days.
4. On June 13, 2007, the Planning Commission adopted its Resolution No. 07-26, thereby,
approving the application for a 1-year time extension subject to specific conditions and time limits.
5. On May 28, 2008, the Planning Commission adopted its Resolution No. 08-25, thereby,
approving the application for a 1-year time extension subject to specific conditions and time limits.
6. From July 2008 to July 2013, Senate Bill 1185, Assembly Bill 333, Assembly Bill 208 and
Assembly Bill 116 were approved by the Governor allowing for a total of 7 years of automatic
extensions for this Tentative Tract Map SUBTT16072.
7. On June 22, 2016, the Planning Commission adopted its Resolution No. 16-42, thereby,
approving the application for a 1-year time extension subject to specific conditions and time limits
8. On June 14, 2017, the Planning Commission adopted its Resolution No. 17-64, thereby,
approving the application for a 1-year time extension subject to specific conditions and time limits
9. On June 13, 2018, the Planning Commission adopted its Resolution No.18-24, thereby,
approving the application for a 1-year time extension subject to specific conditions and time limits
PLANNING COMMISSION RESOLUTION NO.19-49
STAY OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 BASED ON PRIOR LITIGATION,
DRC2019-00374 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC.
August 14, 2019
Page 2
10. On August 14, 2019, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that date.
11. 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 August 14, 2019, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to 7 parcels of approximately 150.79 acres located at the
northeast corner of Etiwanda Avenue and Wilson Avenue; and
b. The existing Land Use, General Plan and Zoning Designations for the project site
and adjacent properties are as follows:
Land Use
General Plan
Zoning
Very Low Residential
Very Low (VL) Residential
Site
Vacant land
DistriCt2.3
Low Residentia13
Low L Residential Districts2,3
Power line corridor
Utility Corridor
Utility Corridor UC District
North
Vacant land
(SUBTT14749 approved
Low Residential
Low (L) Residential Districtz
for 269 lots
Cucamonga Valley
South
Water District (CVWD)
Very Low Residential
Very Low (VL) Residential District'
facility and vacant land
Vacant land
East
(SUBTT19992 in review
Very Low Residential
Very Low (VL) Residential Districtz
for 113 lots
West
Single-family residences
Low Residential
Low L Residential Districtz
1 - Etiwanda Specific Plan; 2 — Etiwanda North Specific Plan; 3 — the land use designations and zoning are divided by the
Etiwanda Avenue Scarp of the Red Hill Fault Zone
C. The previously approved Tentative Tract Map SUBTT16072 complies with the
density requirements specified within the Etiwanda North Specific Plan (ENSP).
d. The Tentative Tract Map includes 358 lots for single-family residential
development and is consistent with the existing residential development to the west and
northwest as well as the previously approved subdivisions to the north and southeast. The
northern portion of SUBTT16072 includes 167 lots on 56.61 acres with a density of 2.95
dwelling units per acre. The southern portion of the project includes 191 lots on 65.71 acres at a
PLANNING COMMISSION RESOLUTION NO.19-49
STAY OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 BASED ON PRIOR LITIGATION,
DRC2019-00374 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC.
August 14, 2019
Page 3
density of 2.92 dwelling units per acre. The combined net density of the project is 2.93 dwelling
units per acre. The gross density of the project is 2.38 dwelling units per acre; and
e. The previously approved Tentative Tract Map SUBTT16072 is consistent with
the General Plan Land Use Designations of Low Residential (2-4 dwelling units per acre) and
Very Low Residential (1-2 dwelling units per acre) as averaged across the project site.
Furthermore, development across the entire project results in less development than what would
otherwise be allowed under the General Plan based on the permitted densities; and
f. Approval of the application will not cause public health and safety problems. The
previously approved Tentative Tract Map SUBTT16072 has been analyzed under the California
Environmental Quality Act ("CEQA') and the City's local CEQA Guidelines. The City certified an
Environmental Impact Report on June 16, 2004 in connection with the approved tentative tract map.
Staff has evaluated the request forthe litigation stay and concludes that substantial changes to the
project or the circumstances surrounding the project have not occurred which would create new or
more severe public health or safety impacts than those evaluated in the previously certified EIR. The
proposal only involves a request to extend the map's approval by 392 days, due to the stay of time
caused by the litigation challenging the map's approval. The proposal does not involve any changes
or modifications to the design of the previously approved subdivision; and
g. A Stay of Time request is consistent with State law. State Subdivision Map Act
Section 66452.6(c) permits the exclusion periods of time in which the approval of a tentative map is
pending in a court of competent jurisdiction. The City has the discretion to approve any requests for
exclusion of time periods, for a period of up to 5 years; and
h. The litigation stay excludes 392 days from the initial approval period of the tentative
map. The total number of days between the date that the petitioner (Spirit of the Sage Council)
challenged the tentative map by filing its petition for writ of mandate and the date that the application
and petitioner executed their settlement agreement was 392 days. The 392 days stayed by this
action is added to the overall approval period following the expiration date of the lasttime extension,
June 16, 2019. If approved, the litigation stay extends the approval period for the map from June
16, 2019 to July 12, 2020.
3. 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 certified an Environmental Impact Reporton June 16, 2004 in connection
with the City's approval of Tentative Tract Map SUBTT16072. 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
PLANNING COMMISSION RESOLUTION NO.19-49
STAY OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 BASED ON PRIOR LITIGATION,,
DRC2019-00374 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC.
August 14, 2019
Page 4
can be imposed to substantially reduce impacts
b. The Planning Commission finds, in connection with the Stay of Time request, 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 previously certified EIR.
The proposal only involves a request to extend the map's approval by 392 days, due to the Stay of
Time caused by the litigation challenging the map's approval. The proposal does not involve any
changes or modifications to the design of the previously approved subdivision. Staff further finds
that the project will not have one or more significant effects not discussed in the previously certified
EIR, 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. The Principal Biologist, Daryl Koutnik, for ESA, an environmental science and
planning firm, submitted a memorandum on April 29, 2019, stating the site conditions remain
consistent with previous site assessments. The letter also concludes, based on observations made
during a site visit on April 26, 2019, that no substantial changes have occurred in the circumstances
under which the project was previously reviewed that indicates new or more severe environmental
impacts and no new important information shows the project will have new or more severe impacts
than previously considered, and that, no additional mitigation measures are now feasible to reduce
impacts or different mitigation measures can be imposed to significantly reduce impacts.
d. 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 in
connection with the City's consideration of the request for the Stay of Time for Tentative Tract Map
SUBTT16072 Based on Prior Litigation (DRC2019-00374).
4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this
Commission hereby grants a Stay of Time for Tentative Tract Map SUBTT16072 Based on Prior
Litigation (DRC2019-00374) for a period of 392 days, ending on July 12, 2020.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF August 2019.
PLANNING COMMI,5.-AON OF THE CITY OF RANCHO CUCAMONGA
mm
i ony t4ugueimo, unairman
ATTEST:
Ma Burris, Secretary
I, Matt Burris, 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 bythe
PLANNING COMMISSION RESOLUTION NO.19-49
STAY OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 BASED ON PRIOR LITIGATION,
DRC2019-00374 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC.
August 14, 2019
Page 5
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 14th day of August 2019, by the following vote -to -wit:
AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, WIMBERLY
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:OAXACA
ABSTAIN: COMMISSIONERS:
Conditions of Approval
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cucnn,oNGn
Project #: DRC2019-00374
Community Development Department
Project Name: Stay of Time for Tentative Tract Map SUBTT16072, Based on Prior Litigation
Location: 5300 ETIWANDA AVE - 108708112-0000
Project Type: Stay of Time
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
1. This project shall meet all of the conditions of approval for Tentative Tract Map 16072.
Grading Section
Standard Conditions of Approval
1. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format
provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit".
2. Grading of the subject property shall be in accordance with current adopted California Building Code
and/or the California Residential Code, City Grading Standards, and accepted grading practices.
The Grading and Drainage Plan(s) shall be in substantial conformance with the approved
conceptual Grading and Drainage Plan.
3. 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 parcels or more) a
common storm water treatment system 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.
4. 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).
5. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy
of the project Conditions of Approval.
6. 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.
7. 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.
8. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells)
for each underground infiltration device, with the Facility ID Number assigned, to the Building and
Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the
project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned
and pasted onto the permitted grading plan set, and a copy of said form shall be included in the
project -specific Water Quality Management Plan.
www.CityofRC.us
Printed: 7/31/2019
Project #: DRC2018-00319
Project Name: EDR - Richland (Tract 16072) Time Extension
Location: 5300 ETIWANDA AVE - 108708112-0000
Project Type: Time Extension
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
9. The land owner shall provide an inspection report by a qualified person/company on a biennial basis
for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga
Environmental Program Manager. The land owner shall maintain on a regular basis all best
management practices (BMP"s) as described in the Storm Water Quality Management Plan
(WQMP) prepared for the subject project. All costs associated with the underground infiltration
chamber are the responsibility of the land owner.
10. Reciprocal access easements for all parcels and maintenance agreements ensuring joint
maintenance of all storm water quality structural/treatment best management practices (BMP)
devices, 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 issuance a grading permit. 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.
11. 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.
12. 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.
13. A final project -specific Storm Water Quality Management Plan (WQMP) shall be approved by the
Building and Safety Director, or his designee, and the City of Rancho Cucamonga's "Memorandum
of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a grading
permit or any building permit.
14. 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.
www.CityofRC.us
Printed: 7/3112019 Page 2 of 3
Project #: DRC2018-00319
Project Name: EDR -Richland (Tract 16072) Time Extension
Location: 5300 ETIWANDA AVE - 108708112-0000
Project Type: Time Extension
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
15. 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 VI1.3: Suitability Assessment Related Considerations for Infiltration Facility
Safety Factors".
16. 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".
17. 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.
18. 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: 7/3112019 Page 3 of 3