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Home My WebLink About98-53 - Resolutions RESOLUTION NO. 98-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TIME EXTENSION FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP FOR THE RESIDENTIAL SUBDIVISION OF 283 LOTS ON 80.39 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE)OF THE ETIWANDA SPECIFIC PLAN, • GENERALLY LOCATED NORTH OF FOOTHILL BOULEVARD, EAST OF ETIWANDA AVENUE, SOUTH OF THE INTERSTATE 15 FREEWAY, AND WEST OF EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1100-141-01 &02, 1100-171-01 & 13, 1100-181-01 &04, AND 1100-201-01. A. Recitals. 1. Diversified Pacific Homes has filed an application for a time extension for the approval of Tentative Tract Map No. 15711, 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." • 2. On August 14, 1996, this Commission adopted its Resolution No. 96-50, thereby approving, subject to specific conditions and time limits, Tentative Tract No. 15711. 3. On the August 12, 1998, 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. 4. 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 August 12, 1998, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Tentative Tract Map is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Tentative Tract Map approval will not cause significant inconsistencies with the current General Plan,specific plans,ordinances,plans,codes, and policies; and c. The extension of the Tentative Tract Map approval is not likely to cause public health and safety problems; and d. The extension is within the time limits established by State law and local ordinance. 3. Based upon the facts and information contained in the proposed mitigated Negative Declaration, together with 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 based upon the findings as follows: PLANNING COMMISSION RESOLUTION NO. 98-53 TE FOR TT 15711 - DIVERSIFIED PACIFIC HOMES August 12, 1998 Page 2 a. That the mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said mitigated Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby grants a time extension for: Proiect Applicant Expiration TT 15711 Diversified Pacific Homes August 12, 1999 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby modifies the conditions of approval to read as°follows: Environmental Mitigation Measures 1) Tree Removal Permit 96-17 is hereby approved subject to the following Conditions: a) The approval is for the removal of all trees that currently exist on the property. b) The removed trees shall be replaced at a minimum one-to-one ratio with minimum 15-gallon size trees. These trees shall be of the Spotted Gum Eucalyptus variety and provided in windrows along perimeter property lines, in accordance with Etiwanda Specific Plan requirements,to the satisfaction of the City Planner. c) Any wood infested with longhorn borer beetles shall be chipped, removed, and buried at a dump site. d) This approval shall be effective following a 10-day appeal period and shall be valid for a period of 90 days, which shall start from the date of issuance of a grading permit, subject to extension. 2) Screen walls shall be constructed along the Interstate 15 Freeway, and other locations around the project perimeter,to mitigate noise levels as recommended in the preliminary noise study. Also, certain construction elements (i.e., dual-glazed windows) shall be provided at PLANNING COMMISSION RESOLUTION NO. 98-53 TE FOR TT 15711 - DIVERSIFIED PACIFIC HOMES August 12, 1998 Page 3 such time houses are contemplated within the subdivision. These elements shall be provided as recommended in the preliminary noise study, and a final noise study, which will be required for review and approval of the City Planner prior to the issuance of any building permits. 3) Construct those portions of the Etiwanda/San Sevaine Area master plan of storm drains necessary to serve and protect the development. The current master plan is in the process of being revised by the City. The developer shall receive credit for the cost of permanent master plan facilities up to the amount of the related drainage fees in effect at the time reimbursement is requested and shall be reimbursed for excess costs from future fee collection in accordance with City policy. 4) Construct an interim detention basin as follows, or as modified per an adopted modification to the current master plan of storm drains justified by a final drainage report approved by the City Engineer: a) Provide an ultimate design for the basin to serve the entire developed tributary area. b) Install sufficient capacity to mitigate the increased runoff from this development, with an outlet system capable of handling the ultimate basin design (entire developed tributary area) with a minimum amount of modification as incremental development occurs. c) Provide an easement to the City for the portion of Lot 284 containing the initial basin and an irrevocable offer of dedication for the remainder of the ultimate basin design. d) An assessment district shall be formed for maintenance of the detention basin or a maintenance agreement shall be executed to the satisfaction of the City Engineer and the City Attorney guaranteeing private maintenance of the facility, but providing the City with the right of access to maintain the facility if private maintenance is insufficient and allowing the City to assess those costs to the developer/developer. Agreement shall be recorded to run with the property. e) The developer may request a reimbursement agreement to recover the proportionate cost of the land and=ultimate basin related facilities (outlet, etc.) from future development using the basin. Planning Division 1) All previously adopted conditions of approval for Tentative Tract 15711, as contained in Planning Commission Resolution No. 96-50, shall apply. Engineering Division 1) Five acres of land shall be dedicated to the City for a future neighborhood park in lieu of payment of park fees. PLANNING COMMISSION RESOLUTION NO. 98-53 TE FOR TT 15711 - DIVERSIFIED PACIFIC HOMES August 12, 1998 Page 4 2) All previously adopted conditions of approval for Tentative Tract 15711, as contained in Planning Commission Resolution No. 96-50, shall apply. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF AUGUST 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: �.at �`� C AlT. McNiel, Chairman ATTEST: 411.! Bra•t1!"e Selgp I, Brad Buller, 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 12th day of August 1998, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, MACIAS, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY