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HomeMy WebLinkAbout21-43 Resolution=6001 IIt11Celm1*111141159 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2021- 00119, A REQUEST TO REMOVE 16 HERITAGE TREES RELATED TO THE DEVELOPMENT OF 6 SINGLE-FAMILY RESIDENCES WITHIN THE LOW (L) RESIDENTIAL DISTRICT, LOCATED AT 6929 HELLMAN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0202-061-32. A. Recitals. 1. W&W Land Design Consultants filed an application for the issuance of Tree Removal Permit DRC2021-00119, 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 11th day of August 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. 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 on August 11, 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 at 6929 Hellman Avenue; and b. The project site is a vacant parcel with an area of approximately 2 acres. The overall dimensions of the site are approximately 350 feet (east to west) by approximately 250 feet (north to south); and C. 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 Vacant Low Residential Low (L) Residential District North Single -Family Residences Low Residential Low (L) Residential District South Single -Family Residences Low Residential Low (L) Residential District East Single -Family Residences Low Residential Low (L) Residential District PLANNING COMMISSION RESOLUTION NO. 21-43 TRP DRC2021-00119 — W&W LAND DESIGN CONSULTANTS August 11, 2021 Page 2 West Vacant Low Residential Low (L) Residential District d. Tree Removal Permit DRC2021-00119 is for the removal of 16 Heritage Trees. An Arborist Report (JAG Landscape Services, September 2019) was submitted that reviews the health and condition of all 40 trees on -site, 17 of which are Heritage Trees. The report concludes that based on the poor condition of a majority of the trees on the project site, a total of 39 trees will need to be removed, including 16 Heritage Trees; and e. The application is in conjunction to Tentative Tract Map SUBTT20353 for the subdivision of a vacant parcel into 6 single-family lots, Design Review DRC2019-00558 for the construction of 6 single- family residences, and Minor Exception DRC2021-00038 to allow a height increase of"I foot over the maximum wall height. 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 related Tentative Map (SUBTT20353) will be consistent with the General Plan. The removal of the subject trees is necessary to develop the related 6-lot single-family subdivision; 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 to construct the related 6-lot single-family subdivision. The Arborist Report submitted for the project (JAG Landscape Services, September 2019) concluded that based poor health of a majority of on -site trees, a total of 39 trees, 16 of which are considered Heritage Trees, will need to be removed, while 7 heritage trees are considered to be in fair condition. The project is proposed at a density allowed at this site in compliance with the Rancho Cucamonga Development Code. The 7 heritage trees in "fair" condition or better are all located towards the center of the site, which will prevent the development of the property at the allowable density using the proposed configuration or any reasonable alternative configuration without the removal of the 7 heritage trees, therefore making it infeasible to maintain the 7 heritage trees in their current location. Furthermore, replanting any Heritage Trees in "fair" condition or better would also not be reasonable, as any replanting would have an uncertain outcome, due to the size and maturity of the trees in question; 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. The removed trees will be replaced by 69 trees as part of the proposed project; 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 16 trees will be replaced with new trees as part of the overall landscape theme. 4. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the Planning Commission finds that the project qualifies as a Class 32 exemption under State PLANNING COMMISSION RESOLUTION NO. 21-43 TRP DRC2021-00119 — W&W LAND DESIGN CONSULTANTS August 11, 2021 Page 3 CEQA Guidelines Section 15332 (In -Fill Development Projects). The proposed development occurs within City limits on a project site of no more than five acres and surrounded by single-family development. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The Planning Commission finds that there is no substantial evidence that the project will have a significant effect on the environment. A Biological Resources Assessment Report (Rincon Consultants, Inc., March 2021) concluded that based on a field survey conducted on July 19, 2019, no special status animal species or bird nests were found on site. However, in the abundance of caution, a Condition of Approval was added to the project requiring the applicant to conduct a survey for nesting birds prior to any construction activity occurring during the nesting season. If any nesting birds are observed, the applicant will be required to create a buffer that is closed to all construction and construction personnel until breeding/nesting has been completed, subject to the confirmation by a qualified biologist and review by Planning Staff. 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 attached Conditions of Approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF AUGUST 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 111�rancisco Oaxaca, Chairman ATTEST: &Ao—awwk 'Anne McIntosh, AICP,'Secretz� I, 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 11th day of August 2021, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, WILLIAMS, MORALES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: