Loading...
HomeMy WebLinkAbout99-041 - ResolutionsRESOLUTION NO. 99-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COBltIII$SlON'S DECISION TO DENY A TIME EXTENSION FOR VESTING TENTATIVE TRACT NO. 14475, FOR THE DEVELOPMENT OF 66 SINGLE FAMILY LOTS ON '1'13 ACRES OF LAND IN THE HILLSIDE RESIDENTIAL (LESS THAN 2 DWELLING UNITS PER ACRE) AND THE OPEN SPACE DISTRICTS, LOCATED NORTH OF ALMOND AVENUE BETVVEEN SAPPHIRE AND TURQUOISE STREETS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 200-051-07, AND 55 THROUGH 57. A. RECITALS. 1. On November 18, 1992, the City Council adopted Resolution 92-288, thereby certifying the Final Subsequent Environmental Impact Report and adopting the Mitigation Monitoring Program for Vesting Tentative Tract No. 14475. 2. On November 18, 1992, the City Council adopted Resolution 92-290, thereby approving, subject to specific conditions and time limits, Vesting Tentative Tract 14475. 3. On March 30, 1993, the California gnatcatcher (Polioptila californica californica) was listed as a threatened species pursuant to the Federal Endangered Species Act of 1973 (as amended). 4. Vesting Tentative Tract Map 14475 was eligible for and received State-granted time extensions pursuant to SB 428 and AB 771, which automatically extended the expiration date of the map until November 18, 1997. 5. On August 6, 1997, the City Planner granted a one-year time extension for Vesting Tentative Tract Map 14475 which extended the expiration date of the map until November 18, 1998. 6. On January 27, 1998, the San Bernardino Merriam's kangaroo rat (Dipodomys merriami parvus) was emergency listed as an endangered species pursuant to the Federal Endangered Species Act of 1973 (as amended). 7. On February 9, 1998, the City of Rancho Cucamonga notified the applicant that the subject property is within habitat which may be affected by federally endangered or threatened species protected under the Endangered Species Act of 1973 and that detailed biological studies would be required with any time extension request. Resolution No. 99-041 Page 2 8. Ray Allard, as the duly authorized agent of the owner of the subject property, filed an application, without the biological studies, on October 26, 1998, for the extension of the approval of Vesting Tentative Tract No. 14475, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 9. On January 11, 1999, the applicant filed a biological report. 10. On January 13, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and, following the conclusion of their review, adopted Resolution No. 99-03, thereby denying said application. 11. On January 14, 1999, Ray Allard filed a timely appeal of the decision represented by Planning Commission Resolution 99-03 to the City Council. 12. On February 17, 1999, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 13. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced public hearing on February 17, 1999, including the information contained in the Environmental Initial Study Part II, written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The federally listed California gnatcatcher and federally listed San Bernardino Merriam's kangaroo rat are associated with, and rely upon, coastal sage scrub habitat; and b. Federally listed species and their habitats are protected under the Federal Endangered Species Act of 1973 (as amended); and c. The project site consists of 113 acres, of which 58 acres are coastal sage scrub habitat, that is located in the area proposed for development; and d. The project will result in the loss of essentially all of the coastal sage scrub habitat and 23 acres of chaparral because of development and fire mitigation; and Resolution No. 99-041 Page 3 e. The Califomia Department of Fish and Game submitted a letter to the City dated April 2, 1998, which indicates it is very concerned with continued, unmitigated loss of habitats and sensitive species populations. The concern includes projects that have been dormant for years which are being reactivated utilizing old CEQA documentation. The Department feels reliance upon the use of environmental approvals more than five years old raises serious questions regarding their adequacy and compliance with CEQA due to a number of factors including: (1) biological survey information is generally only valid for one to three years; (2) changes in habitat conditions, site use, and species listing status is common; and (3) a large preserve in the Etiwanda area was recently established which provides mitigation opportunities that were not available several years ago; and f. The Subsequent Environmental Impact Report and Mitigation Monitoring Program which were approved in 1992 are more than five years old; and g. The Final Biological Report prepared by LSA and dated January 8, 1999, indicates the project impacts to coastal sage scrub (i.e., the loss of 58 acres) may be considered significant as this loss may substantially diminish habitat for wildlife and plants; and h. The Final Biological Report prepared by LSA and dated January 8, 1999, indicates the habitat supports a diverse assemblage of wildlife and plants and is considered to be high quality habitat. Although the federally listed gnatcatcher and kangaroo rat were not found on the site, the report identifies that the site is occupied by three sensitive species classified as California Species of Special Concern which are the Ashy rufous-crowned sparrow, Bell's sage sparrow, and the San Diego black-tailed jackrabbit. In addition, there is a moderate to high probability that six other California Species of Special Concem occur on the site, which are the Plummer's mariposa lily, Parry's spineflower, San Diego banded gecko, San Diego horned lizard, Coast patch-nosed snake, Vaux's swift, and the Loggerhead shrike. In all, there are three confirmed sensitive species and potentially as many as nine sensitive species occupying the site at this time; and i. Gerald Braden, a biologist for the San Bernardino County Museum, submitted a letter dated January 11, 1999, which cites more recent sightings of the endangered kangaroo rat and gnatcatcher based upon the Museum's research and study plots. Mr. Braden disagrees with statements in the LSA Biological Report that the coastal sage scrub habitat on the site is marginally suitable for the Resolution No. 99-041 Page 4 California gnatcatcher. Mr. Braden feels misleading and incomplete biological information could lead to the illegal take of endangered and/or threatened species, the loss of significant biological resources, and damage to the development of a successful Valley Multi-Species Plan; and j. The California Department of Fish and Game submitted a letter dated January 13, 1999, which states "the confirmed presence of several bird and reptile species that are California Species of Special Concern suggests the Department needs to fully evaluate the project, as these species meet the CEQA definition of 'rare' pursuant to Section 15380." CEQA guidelines require that impacts to rare or threatened species be addressed in an environmental document and significant impacts to them be mitigated. The applicant has not submitted specific proposed mitigation measures; and k. The U.S. Fish and Wildlife Service submitted a letter dated January 13, 1999 which states the project site possesses high value for multi-species reserve design. The property supports several unlisted sensitive species proposed to be covered under the Multi- Species Habitat Conservation Plan, which was initiated in 1995 and in which the City is a participating agency. The Service indicates the project may preclude preservation options for proposed covered species and for viable contiguous reserve design. The Service feels suitable habitat remains on the site to benefit the endangered California gnatcatcher and San Bernardino kangaroo rat in the long term. The Service concludes that the effects to the regional planning of habitat preserves and the possible long-term effects to listed species have not been adequately addressed; and I. The 1992 project was approved under the findings that the development and its loss of coastal sage scrub habitat would not create any significant adverse impacts to sensitive or endangered species or their habitats; and m. There is potential that significant effects previously examined may be substantially more severe than shown in the SEIR, particularly as the result of federal listing of the Califomia gnatcatcher and San Bernardino Merriam's kangaroo rat as threatened and endangered species, respectively, after the Subsequent EIR was certified; and n. The California Environmental Quality Act (CEQA) sets forth provisions to require Subsequent and Supplemental Environmental Impact Reports when, on the basis of substantial evidence in the light of the whole record, substantial changes occur with respect to the circumstances under which the project will be undertaken which Resolution No. 99-041 Page 5 may cause a substantial increase in the severity of previously identified significant effects. The Planning Commission adopted its Resolution No. 99-03 on January 13, 1999, which determined that a Supplemental Environmental Impact Report should be prepared; and The City Council hereby finds and determines that based upon the information in the Initial Study Part II, a Supplemental Environmental Impact Report for the project is required to analyze biological impacts and other impacts identified in the Initial Study. Also indicated in the Initial Study, Responsible agencies, including the U.S. Fish and Wildlife Service, U.S. Forest Service, California Department of Fish and Game, Rancho Cucamonga Fire Protection District, and Cucamonga County Water District, may be aware of changed circumstances since 1992 which impact the project. Responsible agencies would be provided an opportunity to comment on the adequacy of prior mitigation measures and, if applicable, recommend expanding the scope of analysis, in a Notice of Preparation of a Supplemental Environmental Impact Report. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The decision makers and the public are entitled to the completion of an environmental review for a project pursuant to the California Environmental Quality Act pdor to the rendering of a decision in favor of the project. b. A Subsequent or Supplemental Environmental Impact Report has not been prepared nor made available for public review for the project. Therefore, the environmental review required by the California Environmental Quality Act has not been completed for the project. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the appeal and upholds the Planning Commission's decision to deny the requested Time Extension for Vesting Tentative Tract 14475. The Vesting Tentative Tract is therefore deemed expired by its own terms. 5. The City Clerk of City of Rancho Cucamonga is hereby directed to certify to the adoption of this Resolution and forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested to Ray Allard at the address identified in City records. Resolution No. 99-041 Page 6 PASSED, APPROVED, AND ADOPTED this 17th day of February, 1999 Alexander, Biane, Curatalo, Dutton, Williams AYES: NOES: None ABSENT: None ABSTAINED: None William J. ~a~r,! y / ATTEST: Debra J. Adams, ~/IC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 17th day of February, 1999. Executed this 18th day of February, 1999, at Rancho Cucamonga, California. Debra J. Ada"~!'~CMC, City Clerk