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HomeMy WebLinkAbout17-13 - Resolutions - Approving A Request For A One Year Time Extention RESOLUTION NO. 17-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A 1-YEAR TIME EXTENSION DRC2017-00028 FOR TENTATIVE TRACT 18210 FOR A PREVIOUSLY APPROVED 7 LOT TENTATIVE TRACT MAP (SUBTT18210) ON 4.89 ACRES OF LAND IN THE VERY LOW(VL) DISTRICT (1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN ON THE SOUTH SIDE OF BANYAN STREET BETWEEN GREENWOOD PLACE AND LAUREL BLOSSOM PLACE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-171-04 A. Recitals. 1. Andreasen Engineering, Inc. filed an application for the extension of the approval of Tentative Tract Map 18210, 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 March 28, 2007, this Commission adopted Resolution No. 07-12, 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 March 28, 2011. 4. A State allowed extension (per AB 333)extended the approval period 2-years to March 28, 2013. 5. A State allowed extension (per AB 208)extended the approval period 2-years to March 28, 2015. 6. A State allowed extension (per AB 116)extended the approval period 2-years to March 28, 2017; 7. On February 22, 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 February 22, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 17-13 TIME EXTENSION DRC2017-00028 —ANDREASEN ENGINEERING, INC. February 22, 2017 Page 2 a. The application applies to a 4.89 acre parcel of land located on the south side of Banyan Street between Greenwood Place and Laurel Blossom Place; and b. The subject property is within the Etiwanda Specific Plan and the Equestrian Overlay District. The site slopes from north to south and has two short sections of Eucalyptus windrows that run from east to west near the center of the lot and along the north property line of the site; and c. The project is surrounded by single-family residential development to the south, east, and west within the Very Low (VL) District (.1-2 Dwelling Units per Acre) of the Etiwanda Specific Plan. The lots to the north of the site, across Banyan Street, are undeveloped and within the Estate Residential (ER) District (.1-1 Dwelling Units per Acre) of the Etiwanda Specific Plan; and a. The subdivision of the project site conforms to all applicable development standards of the Etiwanda Specific Plan for the Very Low (VL) District; and b. This application is a request to extend the approval period of Tentative Parcel Map SUBTT18210 for one (1) additional year. The time extension is necessary for the applicant to prepare for the sale of the subject tentative tract map. The expiration date with approval of the subject time extension will be March 28, 2018. 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 to subdivide the property into 7 parcels of land and is consistent with the Etiwanda Specific Plan; and b. The site is physically suitable for the type and density of the proposed subdivision. The surrounding parcels to the east,west and south are developed with single-family residences, the parcels to the north across Banyan Street are vacant and zoned for residential 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. The proposed project is to subdivide an existing parcel of land into 7 parcels that are of similar size and density to the surrounding parcels of land; and d. The proposed subdivision complies with each of the applicable provisions of the Etiwanda Specific Plan and the Development Code. The proposed subdivision meets all standards outlined in the Etiwanda Specific Plan and the Development Code and the design and development standards and policies of the Planning Commission and the City; 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. 17-13 TIME EXTENSION DRC2017-00028—ANDREASEN ENGINEERING, INC. February 22, 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 March 28, 2007 in connection with the City's approval of Tentative Tract Map SUBTT18210 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 indicates 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 SUBTT18210, 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 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 SUBTT18210. 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 SUBTT18210 is March 28, 2018. 6. All applicable Conditions of Approval in Resolution No. 07-12 and incorporated Standard Conditions in Resolution 07-12 for SUBTT18210 shall apply to Time Extension DRC2017-00028. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF FEBRUARY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 17-13 TIME EXTENSION DRC2017-00028—ANDREASEN ENGINEERING, INC. February 22, 2017 Page 4 BY: Francisco Oaxaca, Chairman ATTEST: Candyce Burnett, ecretary 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 22nd day of February 2017, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER ABSTAIN: COMMISSIONERS: NONE