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Home My WebLink About20-10 ResolutionRESOLUTION NO. 20-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2019-00939, A REQUEST TO ALLOW FOR A ONE (1) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED MINOR EXCEPTION (DRC2012-00513) TO. ALLOW FOR UP TO 8 FOOT HIGH PERIMETER WALLS ON LOTS #1, #9 AND #10 OF TENTATIVE TRACT MAP SUBTT18823 IN THE VERY LOW (VL) DISTRICT OF THE ETIWANDA NORTH SPECIFIC PLAN (A TO 2 DWELLING UNITS PER ACRE) LOCATED ON THE WEST SIDE OF WARDMAN BULLOCK ROAD, SOUTH, AND EAST OF BLUE SKY COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0226-081-15, 16 AND 17 A. Recitals. 1. Youlita and Kiryakos, LLC. filed an application for the extension of the approval of Minor Exception DRC2012-00513, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Exception Time Extension request is referred to as "the application." 2. On January 23, 2013, this Commission adopted Resolution No. 13-09, thereby approving the application subject to specific conditions and time limits. 3. On February 14, 2018, the Planning Commission of the City of Rancho Cucamonga approved Minor Exception Time Extension DRC2017-00951 which extended the approval for a period by 2-year to, January 23, 2020. 4. On February 12, 2020, the Planning Commission of the City of Rancho Cucamonga conducted a noticed'public hearing on the application and concluded said hearing on that date. 5. 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 theCity 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 February 12, 2020, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: ea. The ,project site consists of two rectangular -shaped parcels and. one puzzle - shaped parcel totaling 12.93 acres of land in the Very Low (VL) District of the Etiwanda North Specific Plan. The parcels are vacant except for two unfinished residences on Lots #12 and #15; and- b. The existing Land Use, General Plan and Zoning: designations for the project site and adjacent properties are as follows: PLANNING COMMISSION RESOLUTION NO.20-10 TIME EXTENSION DRC2019-00939 (ME) - YOULITA AND KIRYAKOS, LLC February 12, 2020, Page 2 Land Use General Plan Zoning Site Partially Completed Very Low Very Low (VL) Residential District* Residential Development Residential North Vacandad 3 VeryLow Very Low (VL) Residential District* Fat la elsgle R al South Single Family Residences R VeryLow al Very Low (VL) Residential District* East Single Family Residences Low Low (L) Residential District Residential West Flood Control Basin Conservation Flood Control FC District 'Etiwanda North Specific Plan ENSP C. The subdivision of the project site conforms to all applicable development standards of the Etiwanda North Specific Plan (ENSP) for the Very Low (VL) District except for the need for a Variance (DRC2012-00135) to reduce the required lot depth from 150 feet to 124 feet on Lot #9 due to site constraints and Minor Exception (DRC2012-00513) to allow for walls up to 8 feet in height on Lots #1, #9 and #10; and 3. This application is a request to extend the approval period of Minor Exception DRC2012-00513 for one (1) additional year. The time extension is necessary to allow time to complete the final map process for Tentative Parcel Map SUBTT18823. 4. 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 Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. The request for up to 2 feet of additional wall height is related to the subdivision of the project site into 19 single-family lots. The subdivision (SUBTT18823) of the project site is consistent with the requirements of the Very Low (VL) land use district and the Etiwanda North Specific Plan (ENSP) except for the need for a Minor Exception for wall height on 3 lots (Lots #1, #9 and #10) and a Variance for lot depth on one lot (Lot #9). b. The proposed development is compatible with existing and proposed land uses in the surrounding area. The related subdivision and the proposed Minor Exception for wall height are compatible with the existing development in the area. The approved Tentative Parcel Map is for the future development of 19 single-family residences on the project site and is in conformance with the underlying land use and zoning designation. There is single-family development of similar layout, design and,density to the south and north of the project site. C. The proposed Exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or accommodate unique site conditions. The additional wall height on Lot #1 is necessary for fire protection purposes. The subject lot is adjacent to an open space area owned by the San Bernardino County 'Flood Control District. The additional wall height on Lots #9 and #10 is necessary due to a grade change between the subject lots and the subdivision to the south. PLANNING COMMISSION RESOLUTION NO. 20-10 TIME EXTENSION DRC2019-00939 (ME) - YOULITA AND KIRYAKOS, LLC February 12, 2020 Page 3 d. The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The additional wall height on the subject lots will not constitute a grant of special privilege as the subject lots will be indistinguishable from the lots in the surrounding area except for the minor increase in wall height. e. The extension is within the time limits established by State law and local ordinance which allow for an additional for one (1) year time extension. 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 January 23, 2013, in connection with the City's approval of Tentative Tract Map SUBTT18823, Variance DRC2012- 00135, and Minor Exception DRC2012-00513. 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 (15) 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 SUBTT18823, Variance DRC2012-00135 and Minor Exception DRC2012-00513 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 Minor Exception 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 Tentative Tract Map SUBTT18823, Variance DRC2012-00135, and Minor Exception DRC2012-00513. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a time extension. The new expiration date for Minor Exception DRC2012-00513 is January 23, 2021. 6. All applicable Conditions of Approval in Resolution No. 13-09 and incorporated 11 '4 PLANNING COMMISSION RESOLUTION NO. 20-10 TIME EXTENSION' DRC2019-00939 (ME) - YOULITA AND KIRYAKOS, LLC February 12, 2020 Page 4 Standard Conditions in Resolution 13-09 for DRC2012-00513 and the attached Standard Conditions incorporated herein by this reference shall apply to Time Extension DRC2019-00939. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2020. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony uglielmo, Chajrman ATTEST: A ne McIntosh, AICP, Secretary I, Anne McIntosh, AICP, 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 12th day of February 2020, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: WILLIAMS ABSTAIN: COMMISSIONERS: