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HomeMy WebLinkAbout11-58 - Resolutions RESOLUTION NO. 11-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2009-00224, A REQUEST TO REMOVE TREES IN CONJUNCTION WITH A PROPOSAL TO SUBDIVIDE FIVE (5) VACANT PARCELS WITH A COMBINED AREA OF ABOUT 53 ACRES INTO 76 LOTS IN THE VERY LOW (VL) RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC PLAN, LOCATED AT THE EAST SIDE OF EAST AVENUE, ABOUT 150 FEET NORTH OF THE FOOTHILL FREEWAY(SR-210);AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0225-191-03, 04, 13, 15, AND 20. A. Recitals. 1. Chaffey Joint Union High School District (Chaffey JUHSD) filed an application for the approval of Tree Removal Permit DRC2009-00224 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 9th day of November 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 on November 9, 2011, including written and oral staff reports,this Commission hereby specifically finds as follows: a. The application is related to Tentative Tract Map SUBTT18122 and Tree Removal Permit DRC2009-00224; and b. The application applies to a vacant project site located at the east side of East Avenue, approximately 150 feet north of the Foothill Freeway (SR-210); and C. The project area consists of five(5) parcels with a combined area of approximately 2,350,000 square feet (53 acres). The overall dimensions of the site are approximately 2,500 feet (east to west) by approximately 940 feet (north to south); and d. To the north of the western half of the project site, there are single-family residences. To the north of the eastern half of the site, there is ongoing grading and construction of new homes (related file: Tract 17651). To the west, are additional single-family residences and a single vacant parcel. To the south, is a road used by the San Bernardino County Flood Control District for access to their facilities further to the east. Beyond this road, is the Foothill Freeway (SR-210). To the east, are vacant parcels; and PLANNING COMMISSION RESOLUTION NO. 11-58 DRC2009-00224— CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT November 9, 2011 Page 2 e. The zoning of the property and all surrounding properties is Very Low (VL) Residential District, Etiwanda Specific Plan; and f. The trees are not designated as historically significant; and g. The trees are not specifically noted in the Etiwanda Specific Plan per Figure 5-13; and h. The applicant has submitted an arborist report assessing the health of the individual trees. The report observes that the trees range in health between being in generally good condition to being in need of removal; and i. It is necessary to remove the trees in order to grade the property, construct single-family residences, and associated improvements such as streets and equestrian trails which will allow economic enjoyment of the property; and j. It is not necessary to remove trees to construct required improvements within a flood control or utility right-of-way; and k. There are a significant number of mature and newly planted trees within the surrounding residential neighborhoods; the removal does not affect the established character of the area and the property values; and I. The trees cannot be preserved by pruning and proper maintenance or relocation rather than removal; and M. The trees do not constitute a significant natural resource of the City. 3. Based upon the substantial evidence presented to this Commission during the above- referenced 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 proposed project is consistent with the objectives of the General Plan; and b. The proposed project is in accord with the objectives of the Municipal Code and the purposes of the district in which the site is located; and C. The proposed project is in compliance with each of the applicable provisions of the Development Code; and d. The proposed project, 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. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith all written and oral reports included for the environmental assessmentfor the application,the Planning Commission finds that there is no substantial evidence thatthe project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: PLANNING COMMISSION RESOLUTION NO. 11-58 DRC2009-00224— CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT November 9, 2011 Page 3 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. The Planning Commission furtherfinds 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. 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 trees in conjunction with a proposal to subdivide five (5) vacant parcels with a combined area of approximately 53 acres into 76 lots in the Very Low (VL) Residential District, Etiwanda Specific Plan, located at the east side of East Avenue, approximately 150 feet north of the Foothill Freeway (SR-210) -APN: 0225-191-03, 04, 13, 15, and 20. 2) Section 19.08.100 of the Rancho Cucamonga Municipal Code requires that all Heritage trees be replaced on a one-for-one basis, not less than 15-gallon size. 3) A set of replacement Eucalyptus windrows shall be planted along the entire south perimeter (parallel to the proposed equestrian trail) and part of the east perimeter(at Lot 16)of the subdivision as shown on the PLANNING COMMISSION RESOLUTION NO. 11-58 DRC2009-00224— CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT November 9, 2011 Page 4 Preliminary Tree Removal Plan and Windrow Exhibit dated September 10, 2010. 4) Preserve in-place, where feasible, existing trees that will not interfere with development of the project site subject to verification"in the field." Also, preserve in-place existing trees that will be within the alignment of the new Community Trail subject to review and approval of the Engineering Department. 5) This permit shall be valid for a period of 90 days, unless an extension is requested in writing at least 14 days prior to the expiration date. Where this permit is associated with development, the effective date begins and the 90 days shall start from the date of final map recordation or Building Permit issuance, whichever occurs first. 6) All Conditions of Approval for Tentative Tract Map SUBTT18122 and Variance DRC2009-00020 shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER 2011. PLANNING tSSIOWOF�THE CITY OF RANCHO CUCAMONGA BY: `T Luis Munoz, Jr., Ch irman ATTEST: Jame R. Troyer, AICP, §ecr6tqJy I, James R. Troyer,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 9th day of November 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ.. OAXACA: WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE