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Home My WebLink About20-13 ResolutionRESOLUTION NO. 20-13 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 TENTATIVE TRACT MAP (SUBTT18823) TO SUBDIVIDE 3 PARCELS OF LAND TOTALING 12.93 ACRES INTO 19 LOTS FOR THE FUTURE DEVELOPMENT OF SINGLE- FAMILY RESIDENCES IN THE VERY LOW (VL) RESIDENTIAL DISTRICT OF THE ETIWANDA NORTH SPECIFIC PLAN (.1 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 Tentative Tract Map SUBTT18823, 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 January 23, 2013, this Commission adopted Resolution No. 13-07, thereby approving the application subject to specific conditions and time limits. 3. The State approved a time extension of approved tentative maps (AB 116) that extended the approval period by 2-years to January 23, 2018; 4. On February 14, 2018, the Planning Commission of the City of Rancho Cucamonga approved Tentative Map Time Extension DRC2017-00922 which extended the approval for a period by 1-year to January 23, 2019. 5. On April 10, 2019, the Planning Commission of the City of Rancho Cucamonga approved Tentative Map Time Extension DRC2018-00966 which extended the approval for a period by 1-year to January 23, 2020. 6. 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. 7. 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 February 12, 2020, including written and oral staff reports, together PLANNING COMMISSION RESOLUTION NO.20-13 TIME EXTENSION DRC2019-00939 — YOULITA AND KIRYAKOS, LLC February 12, 2020 Page 2 with public testimony, this Commission hereby specifically finds as follows: a. 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) Residential 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: Land Use General Plan Zoning Site Partially Completed Very Low Very Low (VL) Residential District* Residential Development Residential North Vacant Land and 3 Single Very Low Very Low (VL) Residential District* Family Residences Residential South Single Family Residences Very Low Residential 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) Residential 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 perimeter walls up to 8 feet in height on Lots #1, #9 and #10; and d. This application is a request to extend the approval period of Tentative Tract Map SUBTT18823 by one (1) additional year. The time extension is necessary to provide time to resolve outstanding engineering issues. 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 tract map is consistent with the City's current General Plan, specific plans, Ordinances, plans, codes, and policies. The proposed project is for the subdivision of 12.93 acres of land for the future development of 19 single-family residences. The project is consistent with the related City requirements with the previous Planning Commission approval on January 23, 2013, consisting of Variance (DRC2012-00135) to reduce the required lot depth from 150 feet to 124 feet on Lot #9, and a Minor Exception (DRC2012- 00513) to allow for perimeter walls up to 8 feet in height on Lots #1, #9 and #10; and b. The site is physically suitable for the type and density of the proposed subdivision. The project site is well suited for the proposed project as there is similar residential development to the east, north, and south of the project site and a flood control retention basin to the west; and C. The proposed subdivision, together with the conditions applicable thereto, will PLANNING COMMISSION RESOLUTION NO. 20-13 TIME EXTENSION DRC2019-00939 — YOULITA AND KIRYAKOS, LLC February 12, 2020 Page 3 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 January 23, 2013, along with a Mitigated Negative Declaration, which reviewed potential environmental impacts created by the subdivision of the project site into 19 residential lots. Mitigation measures were included in the original approval reducing any potential impact to less than significant; and d. The proposed subdivision complies with each of the applicable provisions of the Development Code. The proposed subdivision complies with all development standards outlined in the Development Code and the Etiwanda North Specific Plan for the development of single- family residences within the Very Low (VL) Residential District with the previous approval of a Variance for lot width and a Minor Exception for wall height; and e. The extension is within the time limits established by State law and local ordinance which allow for an additional 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. 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 applicant submitted a Biological Constraints Analysis Update (ELMT Consulting; February 15, 2019) which reviewed whether changes have occurred on the project site that would necessitate new or different mitigation measures. This review included a field visit on February 12, 2019. The report concluded that no discernible changes have occurred on the project site that would necessitate new or modified mitigation measures. The report concludes that the original mitigation measure to purchase mitigation land for the removal of the on -site Riversidean Sage Scrub and the mitigation to provide a Plummer's mariposa lily mitigation plan prior to the approval of a grading plan remain necessary to mitigate the project's impacts on the environment. The applicant submitted a Biological Constraints Analysis Addendum (ELMT Consulting; January 14, 2020) which states that the onsite conditions have not changed since their analysis dated February 15, 2019. The report does recommend that a nesting bird survey be performed 3 days prior to earth -moving activities. The nesting bird survey is not being required based on new information or new onsite conditions, rather, the condition of approval is being added to strengthen the original environmental determination by verifying the presence or absence of nesting birds on the project PLANNING COMMISSION RESOLUTION NO. 20-13 TIME EXTENSION DRC2019-00939 — YOULITA AND KIRYAKOS, LLC February 12, 2020 Page 4 site prior to earth -moving activities. If nesting birds are found, the new condition of approval requires the applicant's biologist to coordinate with the California Department of Fish and Wildlife (CDFW) to create a no -disturbance buffer area around the nesting area. A condition of approval has been added to the standard conditions outlining the parameters of the nesting bird survey. C. The Planning Commission finds, in connection with Tentative Tract Map SUBTT18823 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. 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 pursuant to CEQA in connection with the City's consideration of Tentative Tract Map SUBTT18823. 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 Tentative Tract Map SUBTT8823 is January 23, 2021. 6. All applicable Conditions of Approval in Resolution No. 13-07 and incorporated Standard Conditions in Resolution 13-07 for SUBTT18823 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 CO . ISSION OF THE CITY OF RANCHO CUCAMONGA BY: T ny uglie mo, Chairman ATTEST: -,- a,,,* Anne McIntosh, AICP, Secretary 1, 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: PLANNING COMMISSION RESOLUTION NO. 20-13 TIME EXTENSION DRC2019-00939 — YOULITA AND KIRYAKOS, LLC February 12, 2020 Page 5 AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: WILLIAMS ABSTAIN: COMMISSIONERS: