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HomeMy WebLinkAbout19-72 - Resolution RESOLUTION NO. 19-72 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HILLSIDE DESIGN REVIEW (MODIFICATION) DRC2019-00228 A REQUEST TO MODIFY ENGINEERING CONDITION OF APPROVAL #2 RELATED TO HILLSIDE DESIGN REVIEW DRC2016-00377 FOR AN APPROVED 26-LOT SUBDIVISION ON 18.2 ACRES OF LAND LOCATED ON THE EAST SIDE OF CARNELIAN STREET AND NORTH OF HILLSIDE ROAD IN THE VERY LOW (VL) RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) IN THE HILLSIDE OVERLAY DISTRICT AND THE EQUESTRIAN OVERLAY DISTRICT, THE HILLSIDE OVERLAY DISTRICT AND THE EQUESTRIAN OVERLAY DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 1061-261-01. A. Recitals. 1. NH Weaver Lane, LLC filed an application for the approval of Hillside Design Review (Modification) DRC2019-00228, as described in the title of this Resolution. Hereinafter in this Resolution,the subject Hillside Design Review(Modification) request is referred to as"the application." 2. On the 13th day of November 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW,THEREFORE,it is herebyfound,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 November 13, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a mostly vacant property of 18.2-acres located at the northeast corner of Carnelian Street and Cherry Lane,about 665 feet north of Hillside Road in the Very Low(VL) District; and b. The project site and all surrounding properties are within the Very Low(VL) District, the Hillside Overlay District, and the Equestrian Overlay District. The surrounding properties are all developed with single-family residences; and C. The applicant is requesting to modify Engineering Department Condition of Approval #2 related to utility undergrounding.The proposed change is would allow the applicantto underground the above-ground utilities for the first relocated utility pole north of the project site (rather than the first existing offsite utility pole) to the first existing offsite utility pole to the south of the project site; and PLANNING COMMISSION RESOLUTION NO. 19-72 HILLSIDE DESIGN REVIEW (MODIFICATION) DRC2019-00228 NH WEAVER LANE, LLC NOVEMBER 13, 2019 Page 2 d. As approved, Engineering Department Condition of Approval#2 currently states: "Per Resolution No. 87-96:All developments, except those contained in section 7 and others specifically waived by the Planning Commission, shall be responsible for undergrounding all existing overhead utilitylines including the removal of the related supporting poles adjacent to and within the limits of a development. The existing overhead utilities (telecommunications and electrical) on the project side of Camelian Street shall be undergrounded from the first pole off-site of the north project boundary to the first pole off-site south of the project boundary, prior to public improvement acceptance or occupancy, whichever occurs first." e. As modified, Engineering Department Condition of Approval #2 will state: "Per Resolution No. 87-96:All developments, except those contained in section 7 and others specifically waived by the Planning Commission, shall be responsible for undergrounding all existing overhead utility lines including the removal of the related supporting poles adjacent to and within the limits of a development. The existing overhead utilities (telecommunications and electrical) on the project side of Camelian Street shall be undergrounded from the first relocated pole off-site of the north project boundary to the first pole off-site south of the project boundary, prior to public improvement acceptance or occupancy, whichever occurs first." f. No other changes to Hillside Design Review DRC2016-00377are proposed. 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 approved project is consistentwith the General Plan.The General Plan Land Use designation of the project site is Very Low(VL) District.The Very Low residential land use designation is intended for the development of detached, very-low-density residential units on 20,000 square foot lots or larger,with private yard and private parking.The project is for the development of single-family residences on minimum 20,000 square foot lots with an overall density of 1.43 dwelling units per acre. The proposed modification of Engineering Department Condition of Approval #2 related to utility undergrounding will not impact the project's consistency with the General Plan. b. The approved use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. The Development Code states that the Very Low (VL) District is for the development of very-low-density residential use, with a minimum lot size of 20,000 square feet and a maximum residential density of up to 2-units per gross acre.The proposed lots have a minimum lot size of 20,000 square feet with an overall density of 1:43 dwelling units per acre. The proposed modification of Engineering Department Condition of Approval#2 related to utility undergrounding will not impact the project's consistency with the Development Code. C. The approved use is in compliance with each of the applicable provisions of the Development Code.The approved project included two variances, one for a reduction in the 200-foot lot depth requirement(DRC2016-00748)for Lots#11 -#15, and one for a rear yard setback reduction (DRC2017-00014) for Lot#16. The proposed modification of Engineering Department Condition of PLANNING COMMISSION RESOLUTION NO. 19-72 HILLSIDE DESIGN REVIEW (MODIFICATION) DRC2019-00228 NH WEAVER LANE, LLC NOVEMBER 13, 2019 Page 3 Approval #2 related to utility undergrounding will not impact the project's consistency with the Development Code. d. The approved use, together with the conditions applicable thereto, will not be detrimental to the public health,safety,orwelfare, or materially injurious to properties or improvements in the vicinity. An environmental review was completed for the project which concluded that with the proposed mitigation measures, the project would have a less than significant impact on the environment. The proposed modification of Engineering Department Condition of Approval#2 related to utility undergrounding will reduce impacts to the surrounding residential land uses as the required utility undergrounding will impact less area of the existing public right-of-way. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,togetherwith all written and oral reports included forthe environmental assessmentfor the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends thatthe City Council adopt a Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Negative Declaration on June 14, 2017, in connection with the City's approval of Tentative Tract Map SUBTT20042 and Hillside Design Review DRC2016-00377. 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 Design Review (Modification) DRC2019-00228,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 Negative Declaration The project scope is to modify an Engineering Department condition of approval related to unity undergrounding. Staff further finds that the project will not have one or more significant effects not discussed in the previous 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 projectto a level of less than significant. The proposed modification of the approved Engineering Department condition related to utility undergrounding will reduce the impact on the environment by reducing the amount of existing public right-of-way that will need to be disturbed to install the underground utilities. C. Based on these findings and all evidence in the record, the Planning Commission A concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of Design Review(Modification) DRC2019-00228. 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 modified Engineering Department Standard Condition #2 and every condition set forth in the Standard Conditions related to Design Review DRC2016-00377, attached hereto by this reference PLANNING COMMISSION RESOLUTION NO. 19-72 HILLSIDE DESIGN REVIEW (MODIFICATION) DRC2019-00228 NH WEAVER LANE, LLC NOVEMBER 13, 2019 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 2019. PLANNING COMMION OF THE CITY OCHO CUCAMONGA BY: Tony uglielmo, Chairman ATTEST:—&'J/"1 Anne MC nt sh, AICP, Secretary 1,Anne McIntosh,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 November 2019, by the following vote-to-wit: AYES: COMMISSIONERS: GUGLIELMO, DOPP, OAXACA, WILLIAMS, MORALES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval cRUANCao CAMONGA Community Development Department Project#: DRC2019-00228 Project Name: Weaver Lane- Modification Location: 5367 CARNELIAN ST- 106126101-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. All Conditions of Approval related to SUBTT20042 shall apply to DRC2019-00228 except for Condition#2 which has been modified to read as follows: "Per Resolution No. 87-96: All developments, except those contained in section 7 and others specifically waived by the Planning Commission, shall be responsible for undergrounding all existing overhead utility lines including the removal of the related supporting poles adjacent to and within the limits of a development. The existing overhead utilities (telecommunications and electrical) on the project side of Carnelian Street shall be undergrounded from the first relocated pole off-site of the north project boundary to the first pole off-site south of the project boundary, prior to public improvement acceptance or occupancy, whichever occurs first." Standard Conditions of Approval 2. 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. 3. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 4. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. �.Cityol`RC.us Printed:11/14/2019