The URL can be used to link to this page

Home My WebLink About21-49 ResolutionRESOLUTION NO. 21-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2018- 00898, A REQUEST TO REMOVE 157 HERITAGE TREES RELATED TO THE SUBDVISION OF A VACANT 6.96-ACRE PARCEL INTO 9 SINGLE-FAMILY RESIDENTIAL LOTS WITHIN THE VERY LOW (VL) RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC PLAN (ESP), EQUESTRIAN OVERLAY LOCATED AT 12774 BANYAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0225-111-07. A. Recitals. 1. EGL Associates, Inc. filed an application for the issuance of Tree Removal Permit DRC2018- 00898, 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 8th day of September 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 September 8, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 12774 Banyan Street with a linear dimension, from north to south, of approximately 575 feet and a linear dimension, from east to west of approximately 550 feet and is presently undeveloped; and b. 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) are as follows: Land Use General Plan Zoning Site Vacant Very Low Residential Estate (ER) Residential 1,2 North Single -Family Residential Very Low Residential Estate (ER) Residential 1•2 South Single -Family Residential Very Low Residential Very Low (VL) Residential 1. 2 East Preschool Very Low Residential School (S) 1.2 Exhibit E PLANNING COMMISSION RESOLUTION NO. 21-49 TREE REMOVAL PERMIT DRC2018-00898 — EGL ASSOCIATES, INC. September 8, 2021 Page 2 West Vacant Very Low Residential Estate (ER) Residential 1 2 1 —Equestrian Overlay; 2— Etiwanda Specific Plan (ESP) C. Tree Removal Permit DRC2018-00898 is for the removal of 157 Heritage Trees. A Tree Survey (Arbor Care, Inc., October 2020) was submitted that reviews the health and condition of all 158 trees on -site, 157 of which are Heritage Trees. The report concludes that based on the poor condition of a majority of the trees on the project site, all 158 trees will need to be removed, including 157 Heritage Trees; and d. The application is in conjunction to Tentative Tract Map SUBTT18012-1 for the subdivision of a vacant parcel into 9 single-family lots and Specific Plan Amendment DRC2016-00730 to amend the site's Specific Plan designation from Estate Residential (ER) to Very Low (VL) Residential within the Etiwanda Specific Plan, Equestrian Overlay; and e. On April 13, 2021, a neighborhood meeting was conducted by the applicant via teleconference. The intent of this meeting was to invite property owners within a 660-foot radius of the project boundaries for input relating to the project. There was a total of 9 attendees, in addition to the applicant, Project Engineer, and Planning Department staff. During the meeting, the applicant presented the tentative tract map and conceptual grading plan for the proposed project. No opposition to the project was brought up; and f. On January 11, 2018, per SB 18, Tribal notifications were sent to all tribes recommended by the Native American Heritage Commission (NAHC) informing them of the proposed Specific Plan Amendment related to the project. On January 17, 2018, the San Manuel Band of Mission Indians requested that mitigation measures in the event that archeological/tribal resources are encountered during project activities be incorporated in the into the Initial Study/Mitigated Negative Declaration; and g. On January 20, 2021, per AB 52, the City sent Tribal Consultation Requests to the San Gabriel Band of Mission Indians, San Manuel Band of Mission Indians, Soboba Band of Luiseno Indians, Torres Martinez Desert Cahuilla Indians, Gabrieleno Band of Mission Indians — Kizh Nation, and the Morongo Band of Mission Indian following a completeness determination for the project. On January 26, 2021, the San Manuel Band of Mission Indians responded to the notice and requested that mitigation measures related to archeological/cultural resources be incorporated into the Initial Study/Mitigated Negative Declaration; and h. The Planning Department prepared a Mitigated Negative Declaration which incorporates all comments resulting from tribal notifications pursuant to SB 18 and AB 52. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. 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: PLANNING COMMISSION RESOLUTION NO. 21-49 TREE REMOVAL PERMIT DRC2018-00898 — EGL ASSOCIATES, INC. September 8, 2021 Page 3 a. The proposed Tree Removal Permit is consistent with the objectives of the General Plan. The related Tentative Map (SUBTT18012-1) will be consistent with the General Plan. The removal of the subject trees is necessary to develop the related 9-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 9-lot single-family subdivision. The Tree Survey submitted for the project (Arbor Care, Inc., October 2020) concluded that based poor health of a majority of on -site trees, a total of 158 trees, 157 of which are considered Heritage Trees, will need to be removed; 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 47, 48-inch box trees as part of the proposed project, which far exceed the existing value of all trees that are dead, dying or in poor condition currently on the project site; 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 157 Heritage Trees will be replaced with new trees as part of the overall landscape theme. 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 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 staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff 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. 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. 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 the City PLANNING COMMISSION RESOLUTION NO. 21-49 TREE REMOVAL PERMIT DRC2018-00898 — EGL ASSOCIATES, INC. September 8, 2021 Page 4 Council adopt 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) 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 in the attached Conditions of Approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman 0,� ATTEST: Mc Anne McIntosh, AICP, Secr@ 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 8th day of September 2021, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: