HomeMy WebLinkAbout12-30 - Resolutions RESOLUTION NO. 12-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL
PERMIT DRC2010-00964 A REQUEST TO REMOVE ONE (1) TREE IN
CONJUNCTION WITH A 5-LOT SUBDIVISION AND CONSTRUCTION OF
FIVE (5) SINGLE-FAMILY RESIDENCES ON A PROPERTY LOCATED IN
THE VERY LOW (VL) RESIDENTIAL DISTRICT, WITHIN THE
ETIWANDA SPECIFIC PLAN, LOCATED AT THE EAST TERMINUS OF
ARAPAHO ROAD BETWEEN EAST AVENUE AND CHOCTAW PLACE;
AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0225-181-73.
A. Recitals.
1. K.U. & Associates filed an application for the approval of Tree Removal Permit
DRC2010-00964 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 13th day of June 2012 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 June 13, 2012, including written and oral staff reports, this
Commission hereby specifically finds as follows:
a. The application is related to Tentative Tract Map SUBTT18747, Development
Review DRC2009-00010, and Variance DRC2011-00963; and
b. The application applies to a vacant parcel located at the east terminus of
Arapaho Road between East Avenue and Choctaw Place; and
C. The project site is a vacant parcel with an area of approximately 146,000 square
feet (3.4 acres). The overall dimensions of the site are approximately 442 feet (east to west) by
approximately 331 feet (north to south); and
d. To the north, south, and west of the project site are single-family residences. To
the east are a single-family residence and a telephone company facility. The only street access to
the property is via Arapaho Road which terminates at the midpoint of the west property line of the
site. Adjacent and parallel to the north property line is a Community Trail of approximately 20 feet in
width, while adjacent and parallel to the west property line is a local equestrian trail of 15 feet in
width; and
PLANNING COMMISSION RESOLUTION NO. 12-30
DRC2011-00964— K.U. &ASSOCIATES
June 13, 2012
Page 2
e. The zoning of the property and all surrounding properties is Very Low (VL)
Residential District, Etiwanda Specific Plan; and
f. The tree is not designated as historically significant; and
g. The tree is 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 tree.
The report observes that the tree is a Blue Gum Eucalyptus and is in good health; and
i. It is necessary to remove the tree in order to grade the property, construct a
single-family residence, and associated improvements on Lot 1 of the subdivision that will allow
economic enjoyment of the property; and
j. It is not necessary to remove the tree 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 tree cannot be preserved by pruning and proper maintenance or relocation
rather than removal; and
m. The tree does 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 assessment for
the application,the Planning Commission finds that there is no substantial evidence that the 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. 12-30
DRC2011-00964— K.U. &ASSOCIATES
June 13, 2012
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 one (1) tree in conjunction with a
proposal to subdivide a vacant parcel with an area of approximately
146,000 square feet (3.4 acres) into five (5) lots in the Very Low(VL)
Residential District, Etiwanda Specific Plan, located at the east
terminus of Arapaho Road between East Avenue and Choctaw Place;
APN: 0225-181-73.
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) The removed Blue Gum Eucalyptus tree shall be replaced with a
matching species (or equivalent)of a minimum 24-inch box size.
PLANNING COMMISSION RESOLUTION NO. 12-30
DRC2011-00964— K.U. &ASSOCIATES
June 13, 2012
Page 4
4) 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.
5) All Conditions of Approval for Tentative Tract Map SUBTT18747,
Development Review DRC2009-00010, and Variance DRC2011-00963
shall apply.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2012.
PLANNING COMM SI N OF THE Y OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST: C�a—�
Candy a Burnett, Senior Planner
I, Candyce Burnett, Senior Planner 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 13th day of June 2012, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, OAXACA, MUNOZ, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HOWDYSHELL
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
in DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2011-00964
SUBJECT: TREE REMOVAL PERMIT
APPLICANT: K.U. &ASSOCIATES
LOCATION: EASTTERMINUSOFARAPAHO ROAD BETWEEN EAST AVENUE AND CHOCTAW PLACE—
APN: 0225-181-73.
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements Completion Date
1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_
agents,officers,or employees,because of the issuance of such approval,or in the alternative,to
relinquish such approval. The applicant shall reimburse the City, its agents, officers, or
employees, for any Court costs and attorney's fees which the City, its agents, officers, or
employees may be required by a court to pay as a result of such action. The City may,at its sole
discretion, participate at its own expense in the defense of any such action but such participation
shall not relieve applicant of his obligations under this condition.
2. Copies of the signed Planning Commission Resolution of Approval No. 12-30, Standard
Conditions, and all environmental mitigations shall be included on the plans (full size). The
sheet(s)are for information only to all parties involved in the construction/grading activities and
are not required to be wet sealed/stamped by a licensed Engineer/Architect.
B. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which include
site plans,architectural elevations, exterior materials and colors,landscaping,sign program,and
grading on file in the Planning Department,the conditions contained herein,Development Code
regulations, and the Etiwanda Specific Plan.
2. Prior to any use of the project site or business activity being commenced thereon,all Conditions
of Approval shall be completed to the satisfaction of the Planning Director.
3. Approval of this request shall not waive compliance with all sections of the Development Code,all
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance.
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