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HomeMy WebLinkAbout21-61 ResolutionRESOLUTION NO. 21-61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TREE REMOVAL PERMIT DRC2020-00266 TO REMOVE UP TO 101 HERITAGE TREES, IN CONJUNCTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL WAREHOUSE BUILDINGS LOCATED APPROXIMATELY 1,000 FEET EAST OF SANTA ANITA AVENUE AND 2,300 FEET WEST OF ETIWANDA AVENUE, NORTH OF 4TH STREET AND SOUTH OF 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0229-283-50 AND 51. A. Recitals. 1. Bridge Point rancho Cucamonga, LLC filed an application for Tree Removal Permit DRC2020-00266 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 22nd 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 hearing on September 22, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 91.39-acre project site is located approximately 1,000 feet east of Santa Anita Avenue and 2,300 feet west of Etiwanda Avenue, north of 4'h Street and south of 6'h Street; and b. The project site includes 589 total trees, which includes 125 heritage trees. The project will result in the removal of 464 non -heritage trees and 101 heritage trees, thus necessitating a tree removal permit; and C. Pursuant to the tree replacement requirements established by the Development Code, the project will result in the planting of 712 trees, including 229 new street trees and 107 replacement heritage trees; and d. 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 N PLANNING COMMISSION RESOLUTION NO. 21-61 TREE REMOVAL PERMIT DRC2020-00266 — BRIDGE POINT RANCHO CUCAMONGA, LLC September 22, 2021 Page 2 Land Use General Plan Zoning Site Industrial Heavy Industrial (HI) and General Industrial Employment (IE) Warehouse, Industrial (GI) and Neo-Industrial (NI) Commercial District Retail, and former vineyard North Industrial Heavy Industrial (HI) Industrial Employment (IE) District South Industrial Industrial Industrial (Crossroads Business Park Specific Plan) (City of Ontario) West Industrial General Industrial (GI) Industrial Employment (IE) and Neo-Industrial (NI) District East Industrial and Heavy Industrial (HI) and Industrial Employment (IE) Public Facility Civic/Regional and Neo-Industrial (NI) District e. The applicant is requesting the removal of up to 101 heritage trees. A Tree Inventory Report (Psomas, 2021) was submitted that reviews the health and condition of the trees within the project area. The report concludes that based on the fact that many of the trees are planted near pavement, structures, or within basins that likely have limited root development, minor damage and upheaval are expected to occur as the roots continue to develop. Further, stress in the form of reflected heat from nearby structures and pavement is expected to affect trees on the project site.; and f. This application is in conjunction with General Plan Amendment DRC2020- 00213, Zoning Map Amendment DRC2020-00267, Tentative Parcel Map SUBTPM20271, Design Review DRC2020-00202, Minor Use Permit DRC2021-00315 and Development Agreement DRC2021-00180. 3. Based upon the substantial evidence presented to this Commission during the abover eferenced meeting 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 removal of the trees is necessary due to the condition of the trees related to proximity to existing structures. As noted in the Tree Inventory Report prepared for the project, the location of existing trees near pavement, structures or within basins will result in limited root development which will result in minor damage and upheaval. Thus, the removal of the trees is necessary; and PLANNING COMMISSION RESOLUTION NO. 21-61 TREE REMOVAL PERMIT DRC2020-00266 — BRIDGE POINT RANCHO CUCAMONGA, LLC September 22, 2021 Page 3 b. The removal of the trees is necessary in order to construct improvements which will allow economic enjoyment of the property. Of the 125 heritage trees onsite, 101 will be removed as they are in conflict with the proposed development, including the construction of a new public street; 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 number of mature trees within the vicinity of the project site. Additionally, the applicant will plant 712 replacement trees including 229 street trees and 107 new heritage trees; 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. The trees to be removed conflict with the proposed improvements related to the construction of the proposed industrial warehouse development; 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, nor are any of the trees to be removed identified as a historic landmark; 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 trees. Of the 125 heritage trees identified onsite, the applicant has identified 24 heritage trees which will remain. The trees slated for removal are in conflict with the construction of important onsite improvements needed to improve circulation in the area, including the construction of a new public street, and cannot be incorporated into the project as a result of those improvements. Further, the trees must be removed in order to permit development of the site consistent with the densities and standards set forth in the General Plan and Development Code; 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 and industrial development, at a great distance from residential areas or areas where the public is known to recreate. The impact on the surrounding area will be minimal with the planting of 712 replacement trees. 4. The Tree Removal Permit, in addition to the General Plan Amendment, Zoning Map Amendment, Tentative Parcel Map, Design Review, Minor Use Permit, and Development Agreement (collectively, the "Project") were environmentally reviewed pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Local CEQA PLANNING COMMISSION RESOLUTION NO. 21-61 TREE REMOVAL PERMIT DRC2020-00266 — BRIDGE POINT RANCHO CUCAMONGA, LLC September 22, 2021 Page 4 Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. Based upon the facts and information contained in the EIR prepared for the Project and the entire record before it, the Planning Commission recommends the City Council certify the final EIR for the Project, adopt findings of fact pursuant to CEQA, and adopt the Mitigation monitoring and Reporting Program (MMRP) for the Project, based upon the findings as follows: a. A Notice of Availability advertising the availability of the Draft EIR was circulated for a period of 45-days beginning on May 7, 2021 and ending on June 21, 2021; and b. Pursuant to CEQA Guidelines Section 15025(c), the Planning Commission has reviewed the EIR in both its draft and final forms, attached as Exhibits C and D of the staff report accompanying the Planning Commission's consideration of the Project and incorporated herein by this reference, and all comments received regarding the EIR and, based on the whole record before it, finds that the EIR was prepared in compliance with CEQA; and . The Planning Commission further finds that this recommendation reflects the independent judgment and analysis of the Planning Commission; and C. The Planning Commission has also reviewed and considered the Mitigation Monitoring and Reporting Program (MMRP) 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; and d. The custodian of records for the EIR, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council'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 recommends that the City Council approve the application subject to each and every condition set forth in the Conditions of Approval, 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 22ND DAY OF SEPTEMBER 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA M3 Francisco Oaxaca. Chairman PLANNING COMMISSION RESOLUTION NO. 21-61 TREE REMOVAL PERMIT DRC2020-00266 — BRIDGE POINT RANCHO CUCAMONGA, LLC September 22, 2021 Page 5 ATTEST: G Anne McIntosh, AICP, Secrets 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 22nd day of September 2021, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: