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HomeMy WebLinkAbout15-38 - Resolutions RESOLUTION NO. 15-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2015-00275, A REQUEST TO REMOVE 14 TREES, INCLUDING 3 HERITAGE TREES, FOR THE DEVELOPMENT OF A 24,641 SQUARE FOOT, 60-UNIT, THREE-STORY SENIOR APARTMENT COMPLEX ON 2.25 ACRES OF LAND IN THE HIGH (H) RESIDENTIAL DISTRICT (24-30 DWELLING UNITS PER ACRE), LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0208-031-58 AND 0208-031-59. A. Recitals. 1. The applicant, 7418 Archibald, LLC, filed an application for the approval of Tree Removal Permit No. DRC2015-00275, 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 May 2015, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 meeting on May 13, 2015, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to approximately 2.25 acres of land, basically a rectangular configuration, located on the west side of Archibald Avenue, south of Base Line Road. Said property is currently designated as Low Residential; and b. The project site is approximately 612 feet from east to west and 160 feet from north to south and is presently improved with a single-family residence; and C. The properties to the north of the subject site are designated High Residential and developed with an existing senior housing apartment complex (Villa Pacifica) and Office and developed with the Archibald Library. The properties to the west are designated Low Residential and are developed with single-family residences. The property to the south is designated Low Residential and is developed with the First Baptist Church of Rancho Cucamonga; and d. The related Design Review application (DRC2014-00545) is a request to develop a 24,641 square foot, 60-unit, three-story senior apartment complex on 2.25 acres of land in the PLANNING COMMISSION RESOLUTION NO. 15-38 TRP DRC2015-00275—7418 ARCHIBALD, LLC May 13, 2015 Page 2 High (H) Residential District (24-30 dwelling units per acre), located on the west side of Archibald Avenue, south of Base Line Road; and e. The trees are not designated as historically significant; and f. The trees are not noted in any Specific Plan/Community Plan or condition of approval; and g. The applicant has submitted an arborist report assessing the health of the individual trees. The applicant submitted an Arborist Report, prepared by Glenn Lukos Associates, February 27, 2015, which identifies that although the three (3) heritage trees are healthy, their location conflicts with the proposed building and associated site improvements, the trees are not suitable for preservation, and their removal will allow for the economic enjoyment of the property. The landscape plan demonstrates the three (3) heritage trees removed as part of this project will be replaced in kind with a minimum of three (3) 24-inch box size trees; and h. It is necessary to remove the trees in order to construct improvements which allow economic enjoyment of the property; and i. There are a variety of existing healthy trees in the neighborhood; the removal does not affect the established character of the area and the property values; and j. It is not necessary to remove the trees to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way; and k. The trees cannot be preserved by pruning and proper maintenance or relocation rather than removal; and I. 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, 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 PLANNING COMMISSION RESOLUTION NO. 15-38 TRP DRC2015-00275 —7418 ARCH IBALD, LLC May 13, 2015 Page 3 Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQK) 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; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigation Monitoring Program for the project; and 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 recommendation 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. Planninq Department 1) All applicable Conditions of Approval as contained in DRC2014- 00545, shall apply. 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 replacement trees shall be planted on the same lot as the trees that are being removed. PLANNING COMMISSION RESOLUTION NO. 15-38 TRP DRC2015-00275-7418 ARCHIBALD, LLC May 13, 2015 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 comes first. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA t BY:CF—;�S:) �- Ravenel Wimberly, Chairman ATTEST: Candyce Ekhett, Secretary 1, Candyce Burnett, 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 13th day of May 2015, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIM13ERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ ABSTAIN: COMMISSIONERS: NONE