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Home My WebLink About21-03 ResolutionRESOLUTION NO. 21-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2020-00218, A REQUEST TO REMOVE 52 TREES RELATED TO A REQUEST TO SUBDIVIDE 4 ACRES OF LAND INTO SIX (6) PARCELS FOR THE FUTURE DEVELOPMENT OF 6 SINGLE-FAMILY IN THE VERY LOW (VL) RESIDENTIAL DISTRICT ON THE WEST SIDE OF HERMOSA AVENUE AT VISTA GROVE STREET; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1074-201-01 AND 02. A. Recitals. 1. Manny Badiola filed an application for the approval of Tree Removal Permit DRC2020-00218, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Removal Permit request is referred to as "the application." 2. On the 13th day of January 2021, 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. 3. 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 the substantial evidence presented to this Commission during the above -referenced public hearings of January 13, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 4-acre parcel of land located on the west side of Hermosa Avenue at Vista Grove Street; and b. The project site is approximately 630 feet along the north property line, 505 feet along the south property line, 309 feet along the west property line, and 280 feet along the east property line (plus the 50-foot-wide flag); and C. The existing land uses on, and General Plan land use and zoning designations for, the project site and the surrounding properties (relative to the above -noted parcels) are as follows: Land Use General Plan Zoning Site Partially developed with Very Low Very Low (VL) Residential District ExistingResidence .1-2 DU Per Acre North Single -Family Residences Very Low Very Low (VL) Residential District 1-2 DU Per Acre Very Low (VL) Residential District South Single -Family Residences Very Low (.1-2 DU Per Acre) PLANNING COMMISSION RESOLUTION NO. 21-03 TRP DRC2020-00218 — Manny Badiola January 13, 2021 Page 2 East Single -Family Residence Very Low Very Low (VL) Residential District 1-2 DU Per Acre West Single -Family Residences Very Low Very Low (VL) Residential District 1-2 DU Per Acre d. Tentative Tract SUBTT18305 is for the subdivision of a 4-acre parcel of land into six (6) parcels for the future development of six (6) single-family residences; and e. Tree Removal Permit DRC2020-00218 is for the removal of 52 trees. An Arborist Report (Laurel F. Everett, Jr., Arborist) was submitted that reviews the health and condition of the 52 onsite trees. The report concludes that based on poor health and improper pruning all the onsite trees are recommended for removal. The project is conditioned to replace the removed trees on a one -for -one basis including replanting the existing eucalyptus windrow; and a. The project scope includes Minor Exception DRC2020-00218 for property line walls over the permitted 6-foot height limit. 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 proposed Tree Removal Permit is consistent with the objectives of the General Plan. The removal of the tress is related to Tentative Tract Map SUBT718305 for the subdivision of the project site into residential lots, which are consistent with the Very Low (VL) land use designation in the General Plan; and b. The proposed Tree Removal Permit will be in accord with the objectives of the Municipal Code and the purposes of the district in which permits the removal of heritage trees when associated with the development of the project site. In this case, removal of the trees is necessary due to the health and condition of the trees; and C. The proposed Tree Removal Permit will be compliance with each of the applicable provisions of the Development Code including replacement of the removed trees with trees of a species and quantity commensurate with the aesthetic value of the trees to be removed; and d. The proposed Tree Removal Permit, 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 as the 52 removed trees will be replaced on a one -for -one basis as part of the overall landscape theme. 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: PLANNING COMMISSION RESOLUTION NO. 21-03 TRIP DRC2020-00218 — Manny Badiola January 13, 2021 Page 3 a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the Initial Study of the potential environmental impacts of the project was prepared by Ecorp Consulting, Inc. and reviewed by staff. Based on the findings contained in that Initial Study, it was determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative. Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission, therefore, recommends that the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based are the Planning Director of the City of Rancho Cucamonga. . Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91,730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) The approval of Tree Removal Permit DRC2020-00218 is contingent upon Planning Commission approval of Tentative Tract Map SUBTT18305 and Minor Exception DRC2020-00217. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13th DAY OF JANUARY 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Z� , -eq1,CC'2 --T�Tony Gugli Imo, Chairman PLANNING COMMISSION RESOLUTION NO. 21-03 TRIP DRC2020-00218 — Manny Badiola January 13, 2021 Page 4 ATTEST: ( &M ` 6-&`y Anne McIntosh, AICP, Secret I, Anne McIntosh, AICP, Secretary of the P aa�g Commission of the City of Rancho hereby certify that the foregoing Resolution was duly and regularly introduced, passed, the Planning Commission of the City of Rancho Cucamonga, at a regular meeting Commission held on the 13th day of January 2021, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: WILLIAMS ABSTAIN: COMMISSIONERS: Cucamonga, do and adopted by of the Planning