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HomeMy WebLinkAbout19-29 - ResolutionRESOLUTION NO. 19-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2018-00966, 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 January 23, 2019, the Planning Commission of the City of Rancho Cucamonga continued the application to a date unspecific. 6. On April 10, 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. 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: PLANNING COMMISSION RESOLUTION NO. 19-29 TIME EXTENSION DRC2018-00966 — YOULITA AND KIRYAKOS, LLC April 10, 2019 Page 2 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. To the north of the project site is vacant land owned by the San Bernardino County Flood Control District along with three single-family residences within the Very Low (VL) Residential District (.1 to 2 dwelling unit per acre) of the Etiwanda North Specific Plan (ENSP). To the south are single-family residences within the Very Low (VL) Residential District (.1 to 2 dwelling units per acre) of the Etiwanda North Specific Plan (ENSP). To the east (across Wardman Bullock Road) are single-family residences within the Low (L) Residential District (2 to 4 dwelling units per acre) of the Etiwanda Highlands Specific Plan (EHSP). To the west is a flood control basin operated by the San Bernardino County Flood Control District within the Flood Control (FC) District; and 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 Citys 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 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 PLANNING COMMISSION RESOLUTION NO. 19-29 TIME EXTENSION DRC2018-00966 — YOULITA AND KIRYAKOS, LLC April 10, 2019 Page 3 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 Vary 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. State law allows 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. 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 discernable 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 approval of a grading plan remain necessary to mitigate the project's impacts on the environment. 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 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 PLANNING COMMISSION RESOLUTION NO. 19-29 TIME EXTENSION DRC2018-00966 — YOULITA AND KIRYAKOS, LLC April 10, 2019 Page 4 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 ordifferent 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, 2020. 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 DRC2018-00966. 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 BY: V" , , - , Ac",r, Tony uglielmo, C airman ATTEST: Candyag 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 adoptedby 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, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval Community Development Department Project #: DRC2018-00966 Project Name: Time Extension for SUBTT18823 Location: -- - 022608116-0000 Project Type: Time Extension ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Please be advised of the following Special Conditions 1. Submit a pre -construction clearance survey within 3 days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the clearance survey should document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If an active avian nest is discovered during the pre -construction clearance survey, construction activities should stay outside of a no -disturbance buffer. The size of the no -disturbance buffer (generally 300 feet for migratory and non -migratory song birds and 500 feet for raptors and special -status species) will be determined by a wildlife biologist, in coordination with CDFW and will depend on the level of noise and/or surrounding disturbances, line of sight between the nest and the construction activity, ambient noise, an topographical barriers. These factors will be evaluated on a case -by -case basis when developing buffer distances. Limits of construction to avoid an active nest will be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A biological monitor should be present to delineate the boundaries of the buffer area and to monitor the active next to ensure that nesting behavior is not adversely affected by construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the buffer area may occur. 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. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. Engineering Services Department Pnnted 2I27i2019 v .CityofRC.us Project #: DRC2018-00966 Project Name: Time Extension for SUBTT18823 Location: — - 022608116-0000 Project Type: Time Extension ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. The street lights shall be owned by the City. The developer shall be responsible to coordinate and pay all costs of street lights and to provide power to City owned street lights. Grading Section Standard Conditions of Approval 1. 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, prior to the approval of the project -specific water quality management plan and issuance of a grading permit, for this single-family residential project a common storm water treatment system will be required which shall be maintained by a homeowners' association for the private streets. Underground storm water treatment devices (BMP's) shall not be allowed. Surface storm water treatment devices (BMP's) such as the Bio-Swale (as shown on the preliminary water quality management plan for Tentative Tract Map 18823 (SUBTT18823) prepared by MDS Consulting dated 06/08/12 and deemed "preliminary acceptable" by the City on 11/06/12) within the individual lots will be allowed under the maintenance of a homeowners association. 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