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Home My WebLink AboutReso 22-06 RESOLUTION NO. 22-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TIME EXTENSION DRC2021-00440, A REQUEST TO ALLOW FOR THE SECOND ONE (1) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED TENTATIVE TRACT MAP (SUBTT16605M) AND THE FIRST TIME EXTENSION OF ASSOCIATED ENTITLEMENTS RELATED TO THE PROJECT WHICH INCLUDE: DESIGN REVIEW DRC2012-00672, VARIANCE DRC2016- 00207, AND TREE REMOVAL PERMIT DRC2012-00673, TO SUBDIVIDE 24.19 ACRES INTO 6 PARCELS FOR THE DEVELOPMENT OF 175 ATTACHED CONDOMINIUM UNITS (SYCAMORE HEIGHTS PROJECT) WITHIN THE MIXED USE (MU) DISTRICT, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE PACIFIC ELECTRIC TRAIL RIGHT-OF-WAY; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-101-13, 17, 24, 25, 31, 34 AND 41, AND 0207-112-09 AND 10. A. Recitals. 1. Pacific Summit-Foothill, LLC filed an application for the extension of the approval of Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, Variance DRC2016- 00207, and Tree Removal Permit DRC2012-00673 as described in the title of this Resolution. Hereinafter in.this Resolution, the Time Extension request is referred to as "the application." 2. On August 23, 2017, the Planning Commission of the City of Rancho Cucamonga approved Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, Variance DRC2016-00207, and Tree Removal Permit DRC2012-00673, contingent upon the City Council's adoption of an associated Mitigated Negative Declaration and approval of General Plan Amendment DRC2016-00206. 3. On August 31, 2017, a timely appeal of the Planning Commission decisions related to the approval of the project was filed by a resident raising a number of concerns regarding the project. 4. On October 4, 2017, the City Council heard the appeal and upheld the Planning Commission's decision by adopting Resolution No. 17-099, thereby approving the above referenced entitlements subject to specific conditions and time limits whereas the subject Tentative Tract Map was originally set to expire on October 4, 2020, and the associated Design Review, Variance, and Tree Removal Permit were set to expire October 4, 2022. 5. On August 23, 2020, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing and granted a one-year time extension to SUBTT16605M, which was further extended an additional 6 months upon the approval of Assembly Bill (AB 1561) by the State legislature, for a new expiration of April 4, 2022. 6. On December 9, .2021, citing the need to complete various project tasks in order to obtain permits, the applicant submitted a letter in writing requesting an extension of time for Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, Variance DRC2016- 00207, and Tree Removal Permit DRC2012-00673. PLANNING COMMISSION RESOLUTION 22-06 TIME EXTENSION 2021-00440 (TENTATIVE MAP SUBTT16605M) PACIFIC SUMMIT-FOOTHILL, LLC March 23, 2022 Page 2 7. On March 23, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 8. 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 substantial evidence presented to this Commission during the above- referenced public hearing on March 23, 2022, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 24.19-acre parcel located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right-of- Way; and b. The land use, General Plan designation, and Zoning designation of the project site and surrounding properties are as follows: Land Use General Plan Zoning Site Vacant Traditional Town Center Mixed Use (MU) District Residential Traditional Neighborhood, North condominiums, General Open Space and Low (L) and Medium (M) vacant, and Red Hill Facilities Residential Districts Country Club Residential and Traditional Town Center, Mixed Use (MU) District South Commercial Suburban Neighborhood and Medium (M) Low Residential District Pacific Electric Trail, General Open Space and East Route 66 Trail Head, Facilities Mixed-Use (MU) District Residential West Residential and Traditional Town Center Mixed Use (MU) District Commercial PLANNING COMMISSION RESOLUTION 22-06 TIME EXTENSION 2021-00440 (TENTATIVE MAP SUBTT16605M) PACIFIC SUMMIT-FOOTHILL, LLC March 23, 2022 Page 3 c. The subdivision of the project site conforms to all applicable development standards of the Mixed Use (MU) District; and d. This application is a request to extend the approval period of Tentative Tract Map SUBTT16605M for one (1) additional year. The time extension is necessary to provide the applicant time prepare the project site for grading and construction. The expiration date with the approval of Time Extension DRC2021-00440 will be April 4, 2023 for the Tentative Tract Map Map, and October 4, 2024 for the Design Review, Variance and Tree Removal Permit. 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 previously approved subdivision is consistent with the City's current General Plan and Zoning Code. The approved project is for the subdivision of 24.19 acres of land into 6 parcels for the development of 175 attached condominium units. The approved subdivision is consistent with each of the related City requirements for the project site; and b. The site is physically suitable for the type and density of the previously approved subdivision. The project site is well suited for the approved subdivision as there are similar residential developments near and around,the site; and c. The previously approved subdivision, 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. The project allows for the development of residential units in an area identified in the City's General Plan and Zoning Code as suitable for residential development of this type and intensity. The City Council certified a Mitigated Negative Declaration on October 24, 2017 (State Clearinghouse #2017071010) through Resolutions 17'098 and 17- 099. The project does not raise or create new environmental impacts not already considered in the Mitigated Negative Declaration; and d. The previously approved subdivision complies with each of the applicable provisions of the Development Code. The previously approved subdivision complies with all development standards outlined in the Development Code at the time of approval for the development of multi-family residential condominiums within the Mixed Use (MU); and e. The time extension is within the time limits established by State law and local ordinance. State law allows for one (1) year time extensions of tentative maps. 4. California Environmental Quality Act Findings. a. The Planning Department staff finds the project to be within the scope of the project covered by a prior Mitigated Negative Declaration (MND) certified by City Council on October 4, 2017 (State Clearinghouse #2017071010) by Resolutions 17-098 and 17-099 and does not raise or create new environmental impacts not already considered in the Mitigated Negative Declaration. b. The Planning Commission has independently reviewed City staff's determination, and based upon the whole record before it, and its independent review and judgment, finds that that the Project, is not subject to further environmental review pursuant to the Guidelines because: PLANNING COMMISSION RESOLUTION 22-06 TIME EXTENSION 2021-00440 (TENTATIVE MAP SUBTT16605M) PACIFIC SUMMIT-FOOTHILL, LLC March 23, 2022 Page 4 (1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior MND; and (2) All potential environmental impacts associated with extension of time for the Project are adequately addressed by the prior MND, and the mitigation measures contained in the prior MND will reduce those impacts to a level that is less than significant. c. The custodian of records for the prior MND, and all other materials that constitute the record of proceedings upon which the Planning Commission determination is based, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning • Department located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a one (1) year time extension for Tentative Tract Map SUBTT16605M for a new expiration date of April 4, 2023, and a two (2) year time extension for Design Review DRC2012-00672, Variance DRC2016-00207, and Tree Removal Permit DRC2012-00673 for a new expiration date of October 4, 2024. 6. All applicable Conditions of Approval in Planning Commission Resolution No. 17-76 and City Council Resolution No. 17-099 for SUBTT16605M shall apply to Time Extension DRC2021-00440. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2022. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: B yan Dopp, Chairman ATTEST: Mat ew R. Burris, AICP, LEED AP, Secretary I, Matthew R. Burris,AICP, LEED AP, 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 23rd day of March 2022, by the following vote- to-wit: PLANNING COMMISSION RESOLUTION 22-06 TIME EXTENSION 2021-00440 (TENTATIVE MAP SUBTT16605M) PACIFIC SUMMIT-FOOTHILL, LLC March 23, 2022 Page 5 AYES: COMMISSIONERS: DOPP, WILLIAMS, MORALES, BOLING, DANIELS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: