HomeMy WebLinkAbout21-34 ResolutionRESOLUTION NO. 21-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL
PERMIT DRC2020-00140, A REQUEST TO REMOVE UP TO 129 TREES,
IN CONJUNCTION WITH A PROPOSED 17-LOT SUBDIVISION IN THE
VERY LOW (VL) RESIDENTIAL DISTRICT, LOCATED ON THE EAST
SIDE OF EAST AVENUE AND SOUTH OF BANYAN STREET IN THE
VERY LOW (VL) RESIDENTIAL DISTRICT (.1 -2 DWELLING UNITS PER
ACRE) OF THE ETIWANDA SPECIFIC PLAN AND THE EQUESTRIAN
OVERLAY DISTRICT; AND MAKING FINDINGS IN SUPPORTTHEREOF
- APNs: 0225-191-09 and -17.
A. Recitals.
1. Manning Homes filed an application for Tree Removal Permit DRC2020-00040 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 12th day of May 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing and continued said hearing to May
26, 2021.
3. On the 26th day of May 2021, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded
said hearing on that date.
4. 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 hearing on May 26, 2021, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a vacant parcel located east side of East Avenue, west
of Golden Lock Place, and south of Banyan Street; and
b. The project site is a vacant parcel with an area of approximately 10.4 acres. The
overall dimensions of the site are approximately 1,020 feet (east to west) along the north property
line, 1,199 feet along the south property line, 255 feet (north to south) along the west property
line, and 378 feet along the east property line; 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:
Exhibit D
PLANNING COMMISSION RESOLUTION NO. 21-34
TRP DRC2020-00140 —MANNING HOMES
May 26, 2021
Page 2
Land Use
General
Plan
Zoning
Site
Vacant Parcel
Very Low
Very Low L Residential District*
North
Single -Family Residence
Very Low
Very Low (VL) Residential District*
Vacant Lot
South
Single FamilResidence
Very Low
Very Low (VL) Residential District*
Vacant Lot
East
Single- amilResidences
VerV Low
Very Low L Residential District*
West
I Single -Family Residences
Very Low
Very Low L Residential District*
*Etiwanda Specific Plan & Equestrian Overlay District A -2 Dwelling Units perAcre
d. The applicant is requesting the removal of up to 129 trees, including live,
standing dead, and stumps. An Arborist Report (Jim Borer, March 2, 2021) was submitted that
reviews the health and condition of the onsite trees. The report concludes that based on poor
health and improper pruning all the onsite trees except for four (4) existing street trees should be
removed. The Landscape Plan for the project includes the planting of 236 trees including
replacement eucalyptus windrows along the north,and south property lines; and
e. This application is in conjunction with Tentative Tract Map SUBTT20334, for the
subdivision of 10.24 acres of land in 17 residential lots, Design Review DRC2020-00139, for the
construction of 17 single-family residences, and Minor Exception DRC2020-00141, for increased
wall heights due to onsite grades.
3. Based upon the substantial evidence presented to this Commission during the
above -referenced meeting and upon the specific findings of facts set forth in Paragraphs land 2
above, this Commission hereby finds and concludes as follows:
a. The removal of the trees is necessary due to the condition of the trees related to
disease, danger of collapse, proximity to an existing structure, or interference with utility services;
and
b. The removal of the trees is necessary in order to construct improvements which
will allow economic enjoyment of the property. The seven heritage trees on the project site are in
conflict with the proposeddevelopment of 17 single-family residences on the project site; and
C. The removal of the trees will not negatively impact the neighborhood, the
established character of the area, and property values. The removal of the trees will not negatively
impact the neighborhood or the character of the area as there are a large number of mature trees
surrounding the project site. Additionally, the applicant will plant 236 replacement trees including
eucalyptus windrows along the north and south property lines; and
d. The removal of the trees is necessary to construct required improvements within
the public street right-of-way or within a flood control or utility right-of-way. The removal of the
subject trees is necessary to construct public improvements; and
e. The trees cannot be preserved through pruning and proper maintenance or
relocation. A large number of the trees are in poor condition or need to be removed due to conflict
PLANNING COMMISSION RESOLUTION NO. 21-34
TRP DRC2020-00140 —MANNING HOMES
May 26, 2021
Page 3
with the proposed improvements related to the construction of the proposed 17-lot subdivision;
and
f.The trees do not constitute a significant natural resource in the city. The trees
slated for removal do not constitute a significant natural resource as the trees in the surrounding
area are not dependent for their survival or are they significant because of their size, species,
location or aesthetic qualities; and
g. Removal of the trees is not restricted by a Specific Plan, Community Plan, or
condition of approval. The eucalyptus trees along the north and south property line are required
to be replaced per the Etiwanda Specific Plan. The landscape plan submitted for the project
includes planting replacement eucalyptus windrows along the north and south property lines; and
h. Every effort has been made to incorporate the trees into the design of the project
and the only appropriate alternative is the removal of the tree. The trees slated for removal are in
conflict with the construction of on -site improvements and cannot be incorporated into the project;
and
i. The removal of the trees will not have a negative impact on the health, safety, or
viability of surrounding trees, nor will it negatively impact the aesthetics or general welfare of the
surrounding area. The project site is in an area with a.large number of mature trees. The impact
on the surrounding area will be minimal with the planting of 236 replacement trees.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment
for the application, the Planning Commission finds that there is no substantial evidence that the
project will have a significant effect upon the environment and adopts a Mitigated Negative
Declaration and Monitoring Program attached hereto, and incorporated herein by this reference,
based upon the findings as follows:
a. Pursuant to the California Environmental Quality Act ("CEQA"), the, Initial Study
of the potential environmental effects of the project was prepared by Applied Planning, Inc. and
was peer -reviewed by The Altum Group, a consultant contracted by the City to review the report.
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. The mitigation measures that the applicant will be required
to comply with will reduce potential project environmental impacts. Based on that determination,
a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of
the public comment period and of the intent to adopt, the Mitigated Negative Declaration. No
comments were received during the public comment period. A Mitigation,Monitoring Program has
also been prepared to ensure implementation of, and compliance with, the mitigation measures
for the project.
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
PLANNING COMMISSION RESOLUTION NO. 21-34
TRP DRC2020-00140 — MANNING HOMES
May 26, 2021
Page 4
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 adopts 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
adopts the Mitigation Monitoring Program for the project.
d. The custodian of records for the Initial Study, Mitigated Negative Declaration,
Mitigation Monitoring Program, and all other materials which constitute the record of proceedings
upon which the Planning Commission's decision is based is 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 91730, telephone (909) 774-4330.
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 in
the Standard Conditions, attached hereto and incorporated herein by this reference.
6. The Secretary to this Commission shall certify the adoption of this Resolution.
APPROVED AND ADOPTED THIS 26TH DAY OF MAY 2021.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Tony uglielmo, Chairman
ATTEST: -. Jh
Anne McIntosh, AICP, Secreta
I, Anne McIntosh, AICP, Secretary of the Planning Commission for 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 26th day of May 2021, by the following vote -to -
wit:
AYES:
COMMISSIONERS: GUGLIELM
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
OAXACA, DOPP, MORALES, WILLIAMS