Loading...
HomeMy WebLinkAbout16-59 - Resolutions - Recommending Approval Of Trail Easement Vacation RESOLUTION NO. 16-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, RECOMMENDING APPROVAL OF TRAIL EASEMENT VACATION DRC2016-00780, FOR A REQUEST TO VACATE A PORTION OF AN EXISTING EQUESTRIAN EASEMENT LOCATED ALONG THE SOUTHERN EDGE OF THE PROPERTY WITHIN THE ESTATE RESIDENTIAL (ER) DISTRICT OF THE ETIWANDA SPECIFIC PLAN AND WITHIN THE EQUESTRIAN OVERLAY DISTRICT AT 5820 ROLLING PASTURES; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0225-122-96. A. Recitals. 1. Danny Morel filed an application for the approval of Trail Easement Vacation DRC2016- 00780, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Trail Easement Vacation request is referred to as "the application." 2. On the 12th day of October 2016,the Trails Advisory Committee conducted a meeting on the application and gave a recommendation of approval to the Planning Commission. 3. On the 9th day of November 2016, 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 meeting on November 9, 2016, including written and oral staff reports,this Commission hereby specifically finds as follows: a. The application applies to property located at 5820 Rolling Pastures—APN:0225- 122-96; and b. The property to the north and east of the subject site contains single-family residences and Rancho Cucamonga Fire Station #176; the property to the south and west of the subject site is currently vacant, undeveloped land. The zoning of the property to the north is Low Residential (L) District, whereas the zoning of the subject property and the property located east, south and west are Estate Residential (ER) District, both of which are within the Etiwanda Specific Plan; and c. On April 24,2002,the Planning Commission approved Tentative Parcel Map 15802 for a proposal to subdivide a parcel of 4.24 acres into four(4) lots. The four lots are located west of, PLANNING COMMISSION RESOLUTION NO. 16-59 TRAIL EASEMENT VACATION DRC2016-00780— DANNY MOREL November 9, 2016 Page 2 and adjacent to, East Avenue, approximately 1,500 feet north of Banyan Street. Since the subdivision is located within the Equestrian Overlay District, a 15-foot wide local feeder trail easement was recorded on the map to provide access for equestrian purposes to the rear of each residential lot. Lot 4 is the subject of this request to "vacate", i.e. delete, a portion of the trail easement; and d. On November 24, 2014, the Planning Director approved a Minor Design Review (DRC2013-00964)for the development of a 4,943 square foot single-family home on the project site. The house is currently under construction and is nearing completion, of which the remaining improvements include the installation of the perimeter walls and equestrian improvements; and e. The applicant/property owner, Danny Morel, is requesting to vacate the equestrian trail easement along the south boundary of the subject property in order to utilize the southernmost portion of it. Currently a 15-foot wide equestrian trail is required to be constructed within the equestrian easement. This request involves a vacation of a segment of the easement that is 157.45- feet in length; and f. The previous owner of the adjacent property to the east(Lot 3—Parcel Map 15802) obtained a building permit in 2006 to install a block wall along the side yard and rear yard property lines.Although the approved site plan for the block wall indicated the wall was to be built outside of the local feeder trail equestrian easement at the rear of the site,the wall was constructed around the trail and was unintentionally issued a final inspection approval. Because of this,trail access through Lot 3 from the properties to the west and east was ultimately blocked; and g. Although the proposal is not consistent with Section 17.122.010 (K)(1)(e) of the Development Code that sets a standard for providing an internal loop trail system of local feeder trails within subdivisions, the proposal would maintain connectivity with the local feeder trail throughout the residential tract to the north and would allow for future local feeder trail connectivity through the properties to the south and west if and when they are proposed to be developed; and h. Per Chapter 5 of the General Plan (Community Services)and section 17.70.040 of the Development Code, local feeder trail easements for equestrian purposes are to provide access to the rear of all lots. Access to the rear of the subject property will continue to be provided. Furthermore, the request would not interfere with potential equestrian trail access for Lot 3 as this proposal does not involve the removal of the equestrian trail easement on any other lot within Tract 15802; and i. The applicant has obtained signatures from all other property owners within Parcel Map 15082; and j. On October 12, 2016, this project was brought before the Trails Advisory Committee (Oaxaca, Fletcher, Tisler, Douglass, and Jones) for review and recommendation. Following comments from the public (Larry Henderson representing the Alta Loma Riding Club) voiced opposition to the project. The Committee concluded their discussion of the project and unanimously voted to recommend approval to the Planning Commission/City Council of the proposal to vacate the easement; and k. This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, Larry Henderson (representing the Alta Loma Riding Club) PLANNING COMMISSION RESOLUTION NO. 16-59 TRAIL EASEMENT VACATION DRC2016-00780— DANNY MOREL November 9, 2016 Page 3 was notified, and notices were mailed to all property owners within a 660-foot radius of the project site. 3. Based upon the substantial evidence presented to this Commission during the above- referenced 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 proposed project is consistent with the objectives of the General Plan, which states that the intent of local feeder trails is to provide access from the rear of every lot, wherever feasible, to a community or regional multi-purpose trail. The project will allow access to be maintained to various surrounding community trails through the existing adjacent trail system; and b. The proposed trail easement vacation is in accord with the objectives of the Development Code and the purposes of the district in which the site is located. Although the proposal is inconsistent with Section 17.122.010 (K)(1)(e) of the Development Code that sets a standard for providing an internal loop trail system of local feeder trails within subdivisions, the proposal would maintain connectivity with the local feeder trail throughout the residential tract to the north and would allow for future local feeder trail connectivity through the properties to the south and west if and when they are proposed to be developed; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code. The property permits for equestrian purposes and the remaining portion of the trail that is not vacated will provide access to the rear of the subject property; and d. The proposed use, 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 future residential uses on the subject property are consistent with existing residential uses within the vicinity and are not expected to create any negative impacts. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 5 exemption under State CEQA Guidelines Section 15305(MinorAlterations in Land Use Limitations) because this project meets all the criteria described in the section and there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 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 in the attached Conditions of Approval, attached hereto and incorporated herein by this reference. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 16-59 TRAIL EASEMENT VACATION DRC2016-00780 — DANNY MOREL November 9, 2016 Page 4 BY: Francisco Oaxaca, Chairman ATTEST: C Candyc 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 9th day of November 2016, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ, WIMBERLY ABSTAIN: COMMISSIONERS: NONE Conditions of Approval • RanCxo Community Development Department OVA.MONGA Project#: DRC2016-00780 Project Name: Morel Residence Location: 5820 ROLLING PASTURES PLACE - 22512296 Project Type: Trail Easement Vacation ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. Approval is for the vacation of a 157.45 foot section of an existing trail easement upon completion of all conditions. The section is located entirely on the property at 5820 Rolling Pastures Place. 2. The property owner shall be responsible for working with a Title Officer to process the paperwork necessary for the County Recorder to remove the easement from their property title. 3. A recorded copy of the easement vacation shall be submitted to the Engineering Services Department. 4. The trail along the westerly side yard of the properties shall be graded and maintained in accordance with the approved plans for Minor Design Review DRC2013-00964 and shall be in usable condition per the Trails Implementation Plan design standards for local trails. The grading shall occur prior to the recordation of the vacation. 5. All documents shall be reviewed by the Planning and Engineering Services Departments prior to submittal to the Title Company or County Recorder's Office. Standard Conditions of Approval 6. 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. 7. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Determination fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 9. The site shall be developed and maintained in accordance with the approved plans on file in the Planning Department, the conditions contained herein, the Development Code regulations, and the Etiwanda Specific Plan. 10. 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. 11. Per Minor Design Review DRC2013-00964, a gate providing access to the local feeder trail from the rear yard shall be installed. www.CityofRC.us Printed:10/26/2016 Project#: DRC2016-00780 Project Name: Morel Residence Location: 5820 ROLLING PASTURES PLACE - 22512296 Project Type: Trail Easement Vacation ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department www.CityofRC.us Printed:10/26/2016 Page 2 of 2