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Home My WebLink About19-28 - ResolutiionRESOLUTION NO. 19-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME EXTENSION DRC2018-01015, A REQUEST FOR A 1-YEAR TIME EXTENSION FOR PREVIOUSLY APPROVED TENTATIVE TRACT MAP 14749, TO SUBDIVIDE 168.77 ACRES INTO 269 RESIDENTIAL LOTS LOCATED IN THE LOW (L) RESIDENTIAL DISTRICT AND FLOOD CONTROL (FC) DISTRICT WITHIN THE ETIWANDA NORTH SPECIFIC PLAN, AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 1087- 08E-04 through -11 and -14 A. Recitals. 1. WSI Highland Investment, LLC, filed an application for Time Extension DRC2018-01015 for the extension of the approval period for Tentative Tract Map SUBTT14749, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." 2. On July 21, 2004, the City Council adopted its Resolution No. 04-243, thereby approving the application subject to specific conditions and time limits. 3. On June 8, 2011, this Commission adopted its Resolution No. 11-26, thereby approving a one-year time extension and amending the conditions. 4. On January 25, 2017, this Commission adopted its Resolution No. 17-06, thereby approving a one-year time extension and amending the conditions. 5. On January 24, 2018, this Commission adopted its Resolution No. 18-02, thereby approving a one-year time extension and amending the conditions. 6. On April 10, 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. 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 April 10, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The applicant is requesting a Time Extension to extend the expiration of the approval period for Tentative Tract Map SUBTT14749 from January 27, 2019, to January 27, 2020; and PLANNING COMMISSION RESOLUTION NO. 19-28 TE DRC2018-01015 - WSJ HIGHLAND INVESTMENTS LLC April 10, 2019 Page 2 b. The City's Subdivision Ordinance (Municipal Code Section 16.16.160) states that approved Tentative Tract Maps are valid for 3 years. The applicant may request up to five (5) 1-year extensions (Municipal Code Section 16.16.170), which must be approved by the Planning Commission; and C. Tentative Tract Map SUBTT14749 was approved by the Planning Commission on June 9, 2004. This approval was appealed to the City Council on July 21, 2004. The appeal was denied and the project was approved with the second reading of Ordinances No. 729 (Specific Plan Amendment) and No. 730 (Development Agreement) on August 4, 2004; d. A lawsuit was filed on August 18, 2004, against the City over the approved project (Spirit of the Sage Council vs. City of Rancho Cucamonga, with the applicant, Traigh Pacific L.P., as the Real Party of Interest). The case was settled on December 20, 2005. The settlement agreement became effective on February 10, 2006 and the lawsuit was dismissed on February 17, 2006; and e. Pursuant to Government Code Section 66452.6 (c), the subject tentative tract map was entitled to an automatic time extension for the period between the date the lawsuit was filed (August 18, 2004) and the date the lawsuit was settled (February 10, 2006), or 541 days. The duration of the approval period for tentative tract maps is 3 years. f. The start date of the approval period was August 4, 2004 as it was the date of the second reading by the City Council for the Specific Plan Amendment and the Development Agreement (final approval of all aspects of the project). With the time extension due to the lawsuit taken into consideration, the official start date of the approval period for SUBTT14749 was January 27, 2006, with the expiration date occurring on January 27, 2009; and g. The State legislature passed two Senate bills and two Assembly bills - SB1185, AB333, AB208, and AB116 (in chronological order) - that granted automatic time extensions for all tentative maps that qualified. This lengthened the approval period for the subject tentative tract map by an additional 7 years. Additionally, the Planning Commission approved two separate one-year time extensions. With these extensions on the dates shown in the table below, Tentative Tract Map SUBTT14749 now has an expiration date of January 27, 2019. A Time Extension application that is submitted to the City at least 60 days prior to the date of expiration "halts" the approval period from expiring while the Time Extension request is being processed. The subject Time Extension application, DRC2018-01015, is the fourth one-year time extension of Tentative Tract Map 14749. Approving Authority Approval/Extension Type Approval Period Approval Date Expiration Date City Council SUBTT14749 Approval 3 Years 08/04/2004 Lawsuit settled 541 days after approval 01/27/2006 01/27/2009 Senate Bill 1185 Automatic Extension 1 Year 01/27/2009 01/27/2010 Assembly Bill 333 Automatic Extension 2 Years 01/27/2010 01/27/2012 Planning Commission Time Extension 1 Year 06/08/2011 01/27/2013 Assembly Bill 208 Automatic Extension 2 Years 01/27/2013 01/27/2015 Assembly Bill 116 Automatic Extension 2 Years 01/27/2015 01/27/2017 PLANNING COMMISSION TE DRC2018-01015 - WSI April 10, 2019 Page 3 RESOLUTION NO. 19-28 HIGHLAND INVESTMENTS LLC Planning Commission Time Extension 1 Year 01/25/2017 01/27/2018 Planning Commission Time Extension 1 Year 01/24/2018 01/27/2019 Planning Proposed Time 1 Year Proposed Proposed Commission Extension 0411012019 0112712020 h. The Time Extension is being requested in order to provide additional time for the applicant to work toward recording the final map and preparing related improvement plans. The applicant is not requesting any changes to the approved map, and i. The previously approved Tentative Tract Map SUBTT14749 is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and j. The Time Extension of the Tentative Tract Map SUBTT4749 approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and k. The Time Extension of the Tentative Tract Map SUBTT14749 approval is not likely to cause public health and safety problems; and The Time Extension is within the time limits established by State law and local ordinance; and 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 269 lots for future single-family residential development and is consistent with the district of the project site. b. The site is physically suitable for the type and density of the proposed subdivision. The properties to the west are developed with single-family residential homes. The properties to the north and south contain Southern California Edison transmission lines. The property to the east contains flood control improvements. The installation of various improvements, including street and drainage improvements, will be required to be installed by the Engineering Department as conditions of approval with the development of this site. 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 the property for future residential development — no development of the site is proposed at this time. d. The proposed subdivision complies with each of the applicable provisions and standards outlined of the Etiwanda North Specific Plan, including minimum lot width and depth and minimum lot area. PLANNING COMMISSION TE DRC2018-01015 - WSI April 10, 2019 Page 4 RESOLUTION NO. 19-28 HIGHLAND INVESTMENTS LLC e. The extension is within the time limits established by State law and local ordinance. State law allows for one-year time extensions. 4. Based upon the facts and information contained in the application, togetherwith 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 Report (EIR) on July 21, 2004 (State Clearinghouse #2003081085) in connection with the City's approval of Tentative Tract Map SUBTT14749. 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 the time extension 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 amount of lots being proposed is not being modified and the design of the tract will remain the same as originally approved. 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. The proposed time extension request does not raise or create new environmental impacts not already considered in the Environmental Impact Report for the tract map. 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 the time extension. 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 Tract Applicant Expiration SUBTT14749 WSI HIGHLAND INVESTMENTS, LLC January 27, 2020 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF APRIL 2019. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 19-28 TE DRC2018-01015 - WSI HIGHLAND INVESTMENTS LLC April 10, 2019 Page 5 BY: z —1 Tony duglielmo, Chairman ATTEST: Candyq Burnett, Secretary 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 10th day of April 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, WIMBERLY NOES: COMMISSIONERS:OAXACA ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: