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HomeMy WebLinkAbout11-45 - Resolutions RESOLUTION NO. 11-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2011-00166, A REQUEST TO REMOVE 17 TREES RELATED TO DEVELOPMENT REVIEW DRC2010-00960 FOR A 18.7 GROSS ACRES SITE LOCATED IN THE LOW- MEDIUM (LM) RESIDENTIAL DEVELOPMENT DISTRICT AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0210-062-08. A. Recitals. 1. Lewis Investment Company, LLC filed an application for the approval of Tree Removal Permit DRC2011-00166, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of September 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the 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 September 14, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 18.7 acre site is located on the southwest corner of Archibald Avenue and 6th Street and is within the Low-Medium (LM) Development District. b. North (across 6th Street) of the site are single-family residences within the Low (L) Development District; to the south are single-family residences within the Low-Medium (LM) Development District; to the east (across Archibald Avenue) are light industrial buildings within the General Industrial (GI) Development District; and, to the west is a community park. C. The site is covered with remnant grape vines and 17 trees of various species; and d. The applicant has submitted a Tree Survey Report by a licensed arborist (Bonterra — July 29, 2008) which concludes that the trees will be in conflict with the proposed development and will need to be removed; and e. The Tree Removal Permit is related to Development Review DRC2010-00960; and f. The Landscape Plan related to DRC2011-00960 includes a replacement tree plan that exceeds the City's minimum tree replacement requirement. PLANNING COMMISSION RESOLUTION NO. 11-45 TREE REMOVAL PERMIT DRC2011-00166 LEWIS INVESTMENT COMPANY, LLC SEPTBEMBER 14, 2011 Page 2 g. The project was designed to conform to the Low-Medium Innovative Product Optional Development Standards. 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 project is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and any applicable specific plans; and C. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, 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, 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, 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. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts 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 adopts the Mitigation Monitoring Program for the project. PLANNING COMMISSION RESOLUTION NO. 11-45 TREE REMOVAL PERMIT DRC2011-00166 LEWIS INVESTMENT COMPANY, LLC SEPTBEMBER 14, 2011 Page 3 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 below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the removal of 17 trees related to Development Review DRC2010-00960 for a site located at the southwest corner of Archibald Avenue and 6th Street -APN: 0210-062-08. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER 2011. PLANNING CO ION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: Jame . Troyer, AICP, Secre ry I, James R. royer, AICP of the 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 14th day of September 2011. AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL; MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE