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HomeMy WebLinkAbout17-91 - Resolutions - Requesting For A One Time Year Extention RESOLUTION NO. 17-91 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TIME EXTENSION DRC2017-00755, A REQUEST TO ALLOW FOR A ONE (1) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED TENTATIVE TRACT MAP (SUBTT17444) RELATED TO A 13-UNIT CONDOMINIUM DEVELOPMENT ON 2.17 ACRES OF LAND IN THE LOW MEDIUM (LM) DISTRICT (4 TO 8 DWELLING UNITS PER ACRE) LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE AND 150 FEET NORTH OF MONTE VISTA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0202-131-27, 61 AND 62. A. Recitals. 1. Golden Avenue Development, Inc. filed an application for the extension of the approval of Tentative Tract Map SUBTT17444, 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 October 10, 2007, this Commission adopted Resolution No. 07-59, thereby approving the application subject to specific conditions and time limits. 3. A State allowed extension (per SB 1185) extended the approval period 1-year to October 10, 2011. 4. A State allowed extension (per AB 333) extended the approval period 2-years to October 10, 2013. 5. A State allowed extension (per AB 208) extended the approval period 2-years to October 10, 2015. 6. A State allowed extension (per AB 116) extended the approval period 2-years to October 10, 2017; 7. On November 8, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 8. 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 substantial evidence presented to this Commission during the above- referenced public hearing on November 8, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 17-91 TIME EXTENSION DRC2017-00755—GOLDEN AVENUE DEVELOPMENT, INC. November 8, 2017 Page 2 a. The application applies to a 2.17 acre parcel of land located the west side of Archibald Avenue and 150 feet north of Monte Vista Street; and b. The property is within the Low Medium (LM) District (4 to 8 dwelling units per acre). To the north and west is a mobile home park (Chaparral Heights) in the Low Medium (LM) District(4 to 8 dwelling units per acre); to the east is single-family development in the Low Medium District (4 to 8 dwelling units per acre); and, to the south is single-family development in the Medium (M) District (8 to 14 dwelling units per acre); and c. The subdivision of the project site conforms to all applicable development standards of the Development Code for the Low Medium (LM) District; and d. This application is a request to extend the approval period of Tentative Tract Map SUBTT17444 for one (1) additional year. The time extension is necessary to allow time for the completion of a City sponsored storm drain project that will eliminate an Engineering Department requirement to construct an enlarged on-site storm drain system to carry storm water from the west and north of the project site. 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 previously approved tentative tract map is consistent with the City's current General Plan, specific plans, Ordinances, plans, codes, and policies. The proposed project is for the subdivision of 2.17 acres of land for condominium purposes for the construction of a 13-unit multi-family development. The project site is within the Low Medium (LM) District which permits the construction of multi-family development; and b. The site is physically suitable for the type and density of the proposed subdivision. The project site is surrounded by residential development of similar or greater intensity and is well suited for the proposed development; and c. The proposed subdivision, 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. An initial study was prepared for the original project that was approved by the Planning Commission on October 10, 2017, along with a Mitigated Negative Declaration, which reviewed potential environmental impacts created by the construction and operation of 13 multi-family units on the project site. Mitigation measures were included in the original approval reducing any potential impact to less than significant. A biological resource update letter (Recon; June 7, 2017) was submitted as part of the request for the time extension. The letter verifies that no native habitat types occur on-site and no federally listed species were observed or are expected to occur on the project site due to lack of suitable native habitats, level of disturbance that has occurred to the site and development of surrounding lands; and d. The proposed subdivision complies with each of the applicable provisions of the Development Code. The proposed subdivision complies all development standards outlined in the Development Code for multi-family projects within the Low Medium (LM) District; and e. The extension is within the time limits established by State law and local ordinance. State law allows for one (1) year time extensions. PLANNING COMMISSION RESOLUTION NO. 17-91 TIME EXTENSION DRC2017-00755—GOLDEN AVENUE DEVELOPMENT, INC. November 8, 2017 Page 3 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, the City adopted a Mitigated Negative Declaration on October 10, 2007 in connection with the City's approval of Tentative Tract Map SUBTT17444. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicate new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or(iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with Tentative Tract Map SUBTT17444, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The biological resource update letter dated June 7, 2017, concludes that no direct or indirect impact to federal listed species are anticipated from the project or the related tentative map time extension. The application is for a one (1) year time extension of a previously approved tentative tract map with no proposed changes to the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of Tentative Tract Map SUBTT17444. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a time extension. The new expiration date for Tentative Tract Map SUBTT17444 is October 10, 2018. 6. All applicable Conditions of Approval in Resolution No. 07-59 and incorporated Standard Conditions in Resolution 07-59 for SUBTT17444 shall apply to Time Extension DRC2017-00755, except for Engineering Department Condition of Approval 5a,which is no longer applicable and the addition of the following Condition of Approval: If the applicant for this project chooses to wait for the City of Rancho Cucamonga to construct a public storm drain system and remove the proposed project from the flood plain as determined by FEMA, the applicant shall as a condition of approval for the project accept all remaining off-site storm water flows from the adjacent upstream property(ies). The storm water flows shall be conveyed through the project as a privately maintained storm drain system and shall connect to a public storm drain system in Archibald Avenue. The inlet system to intercept the off-site storm drain flows shall be a privately maintained curb type catch basin within the project boundary. All off-site improvements shall be coordinated with the adjacent property owner(s). PLANNING COMMISSION RESOLUTION NO. 17-91 TIME EXTENSION DRC2017-00755—GOLDEN AVENUE DEVELOPMENT, INC. November 8, 2017 Page 4 The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman CJATTEST: Cand c Burnett, Secretary I, 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 8th day of November 2017, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE