Loading...
HomeMy WebLinkAbout19-59 - ResolutionRESOLUTION NO. 19-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2019-00428, 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) RESIDENTIAL 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 a time extension to extend the approval period 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. The State extended the approval period for SUBTT17444 one (1)-year to October 10, 2011, per SB 1185. 4. The State extended the approval period for SUBTT17444 two (2)-years to October 10, 2013, per AB 333. 5. The State extended the approval period for SUBTT17444 two (2)-years to October 10, 2015, per AB 208. 6. The State extended the approval period for SUBTT17444 two (2) years to October 10, 2017. allowed extension per AB 116. 7. On November 8, 2017, the Planning Commission of the City of Rancho Cucamonga approved a one (1) year time extension for Tentative Tract Map SUBTT17444, extending the approval period to October 10, 2018. 8. On November 28, 2018, the Planning Commission of the City of Rancho Cucamonga approved a one (1) year time extension for Tentative Tract Map SUBTT17444, extending the approval period to October 10, 2019. 9. On October 23, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing for the application and concluded said hearing on that date. 1. 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 PLANNING COMMISSION RESOLUTION NO. 19-59 TIME EXTENSION DRC2019-00428 (TENTATIVE TRACT MAP SUBTT17444) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 2 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 October 9, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 2.17-acre parcel of land located on the west side of Archibald Avenue and 150 feet north of Monte Vista Street; and b. The property is within the Low Medium (LM) Residential 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) Residential District (4 to 8 dwelling units per acre); to the east is a single-family development in the Low Medium (LM) Residential District (4 to 8 dwelling units per acre); and, to the south is single-family development in the Medium (M) Residential 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) Residential 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 applicant to complete the final map process. 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, Municipal Code, 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) Residential District which permits the development of multi -family projects with a density of 4 to 8 dwelling units per acre. The approved 13-unit multi -family development on the project site has a density of approximately 6 dwelling units per acres; and b. The site remains 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. The project site has access to a public street and all public utilities are located adjacent to the project site; 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, 2007, along with a Mitigated Negative Declaration, which reviewed potential environmental impacts created by the construction and operation of 13-unit multi -family development on the project site. Mitigation measures were PLANNING COMMISSION RESOLUTION NO. 19-59 TIME EXTENSION DRC2019-00428 (TENTATIVE TRACT MAP SUBTT17444) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 3 included in the original approval reducing any potential impacts to less than significant; and d. The proposed subdivision complies with each of the applicable provisions of the Development Code. The proposed subdivision complies with all development standards outlined in the Development Code for multi -family projects within the Low Medium (LM) Residential District including density, setbacks, and design; and e. The time extension is within the time limits established by State law and local ordinance. State law allows for one (1) year time extensions. 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 would 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 would 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. A Biological Resources Survey Report (Vincent N. Scheidt; July 2019) was submitted as part of the time extension request. The report concludes that no native habitat types occur onsite, 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. No direct or indirect impact to federally listed species is anticipated from the project or the related Tentative Map Time Extension. The report does find that the flood control channel that traverses the project site before entering a City's storm drain system likely qualifies as waters of the United States. The Biological Habitat Assessment Report (Eilar Associates; July 12, 2005) submitted as part of the original environmental determination also concluded that the onsite drainage channel may be classified as jurisdictional waters that would necessitate permits from Federal, State and regional agencies. The original environmental determination did not include a mitigation measure requiring consultation with the regulating agencies to determine whether the onsite drainage facility qualifies as jurisdictional waters. To rectify this oversite, a condition of approval has been added to Time Extension DRC2019-00428 requiring consultation with the regulating agencies to determine whether permits are required prior to the approval of any earth -moving activities. This new condition of approval is not the result of new environmental impacts or new information, PLANNING COMMISSION RESOLUTION NO. 19-59 TIME EXTENSION DRC2019-00428 (TENTATIVE TRACT MAP SUBTT17444) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 4 rather it is to address an impact that was known when the original environmental determination was made. The application is for a one (1) year time extension of a previously approved tentative tract map and a two (2) year time extension of a previously approved design review and related files with no proposed changes to the scope of the original approval. With the inclusion of the condition of approval requiring consultation with the regulating agencies related to the onsite drainage channel, staff 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. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of Time Extension DRC2019-00428. 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, 2020. 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 DRC2019-00428, with the addition of the following Condition of Approval related to the onsite drainage facility which may constitute jurisdictional waters: Prior to approval of any earth -moving activities, the applicant shall consult with the California Department of Fish and Wildlife (CDFW), the United States Army Corps of Engineers (USACE) and the Regional Water Quality Control Board (RWQCB) to determine whether the onsite drainage facility constitutes jurisdictional waters. Any impact to CDFW, USACE and RWQCB jurisdictional waters may require a 1600 Streambed Alteration Agreement from the CDFW, a Section 404 permit authorization from the USACE, and a 401 State Water Quality Certification from the RWQCB. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF October 2019. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 93 Tony Guglielmo, Chairman PLANNING COMMISSION RESOLUTION NO. 19-59 TIME EXTENSION DRC2019-00428 (TENTATIVE TRACT MAP SUBTT17444) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 5 ATTEST:.��[��s Anne McIntosh, Secretary I, 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 23rd day of October 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: RESOLUTION NO. 19-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2019-00428, A REQUEST TO ALLOW FOR A TWO (2) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED DESIGN REVIEW (DRC2013-00583) RELATED TO A 13-UNIT CONDOMINIUM DEVELOPMENT ON 2.17 ACRES OF LAND IN THE LOW MEDIUM (LM) RESIDENTIAL 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 a time extension to extend the approval period of Design Review DRC2013-00583, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review Time Extension request is referred to as "the application." 2. On February 11, 2015, this Commission adopted Resolution No. 15-14, thereby approving the application subject to specific conditions and time limits. 3. On October 23, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing for the application and concluded said hearing on that date. 1. 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 October 9, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 2.17-acre parcel of land located on the west side of Archibald Avenue and 150 feet north of Monte Vista Street; and b. The property is within the Low Medium (LM) Residential 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) Residential District (4 to 8 dwelling units per acre); to the east is a single-family development in the Low Medium (LM) Residential District (4 to 8 dwelling units per acre); and, to the south is single-family development in the Medium (M) Residential District (8 to 14 dwelling units per acre); and PLANNING COMMISSION RESOLUTION NO. 19-60 TIME EXTENSION DRC2019-00428 (DESIGN REVIEW DRC2013-00583) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 2 C. Design Review DRC2013-00583 was approved on February 11, 2015, for the design of the 13 detached units related to Tentative Tract Map SUBTT17444 and included a related Minor Exception DRC2013-00941, to permit a wall above the height limit along Archibald Avenue for noise attenuation purposes, Minor Exception DRC2014-00358, to permit walls above the height limit due to onsite grades between lots, and Tree Removal Permit DRC2013-00942, for the removal of up to 39 onsite trees; and d. Time Extension DRC2019-00428 includes a request to extend the approval period of Design Review DRC2013-00583 for two (2) additional years. The time extension is necessary to allow time for the applicant to complete the final map process. 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 Design Review is consistent with the General Plan in that the project site is residentially zoned and is being subdivided for residential purposes. The approved 13 detached condominium unit has a density of 6 dwelling units per acre, within the permitted density range of 4 to 8 units per acre for the Low Medium (LM) zoning designation; and b. The use continues to be in accord with the objective of the Development Code and the purposes of the district in which the site is located. The project site is located in the Low Medium (LM) Residential District, which is designated for the development of single-family and multi -family residential units with a density range of 8 to 14 dwelling units per acre. The approved project is for the development of a multi -family development of approximately 6 dwelling units per acre; and C. The proposed use continues to be compliance with each of the applicable provisions of this Development Code; The approved design is in compliance with each of the applicable provisions of the Development Code including project density, setbacks, parking, private and common open space areas and recreation facilities. The project, though, includes Minor Exception DRC2013-00941, to permit a wall above the height limit along Archibald Avenue for noise attenuation purposes and Minor Exception DRC2014-00358, to permit walls above the height limit due to onsite grades between lots; and d. The proposed use, together with the conditions applicable thereto, will continue to 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, 2007, along with a Mitigated Negative Declaration, which reviewed potential environmental impacts created by the construction and operation of 13-unit multi -family development on the project site. Mitigation measures were included in the original approval reducing any potential impacts to less than significant. 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 PLANNING COMMISSION RESOLUTION NO. 19-60 TIME EXTENSION DRC2019-00428 (DESIGN REVIEW DRC2013-00583) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 3 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 would 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. A Biological Resources Survey Report (Vincent N. Scheidt; July 2019) was submitted as part of the time extension request. The report concludes that no native habitat types occur onsite, 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. No direct or indirect impact to federally listed species is anticipated from the project or the related Tentative Map Time Extension. The report does find that the flood control channel that traverses the project site before entering a City's storm drain system likely qualifies as waters of the United States. The Biological Habitat Assessment Report (Eilar Associates; July 12, 2005) submitted as part of the original environmental determination also concluded that the onsite drainage channel may be classified as jurisdictional waters that would necessitate permits from Federal, State and regional agencies. The original environmental determination did not include a mitigation measure requiring consultation with the regulating agencies to determine whether the onsite drainage facility qualifies as jurisdictional waters. To rectify this oversite, a condition of approval has been added to Time Extension DRC2019-00428 requiring consultation with the regulating agencies to determine whether permits are required prior to the approval of any earth -moving activities. This new condition of approval is not the result of new environmental impacts or new information, rather it is to address an impact that was known when the original environmental determination was made. The application is for a one (1) year time extension of a previously approved tentative tract map and a two (2) year time extension of a previously approved design review and related files with no proposed changes to the scope of the original approval. With the inclusion of the condition of approval requiring consultation with the regulating agencies related to the onsite drainage channel, staff 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. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of Time Extension DRC2019-00428. 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 PLANNING COMMISSION RESOLUTION NO. 19-60 TIME EXTENSION DRC2019-00428 (DESIGN REVIEW DRC2013-00583) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 4 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 Design Review DRC2013-00583 is February 11, 2022. 6. All applicable Conditions of Approval in Resolution No. 15-14 and incorporated Standard Conditions in Resolution 15-14 for Design Review DRC2013-00583 shall apply to Time Extension DRC2019-00428, with the addition of the following Condition of Approval related to the onsite drainage facility which may constitute jurisdictional waters: Prior to approval of any earth -moving activities, the applicant shall consult with the California Department of Fish and Wildlife (CDFW), the United States Army Corps of Engineers (USAGE) and the Regional Water Quality Control Board (RWQCB) to determine whether the onsite drainage facility constitutes jurisdictional waters. Any impact to CDFW, USACE and RWQCB jurisdictional waters may require a 1600 Streambed Alteration Agreement from the CDFW, a Section 404 permit authorization from the USACE, and a 401 State Water Quality Certification from the RWQCB. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF October 2019. PLANNING CO SION Y O RANCHO CUCAMONGA BY: T ny Guglielmo, Chairman ATTEST: Anne McIntosh, Secretary I, 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 23rd day of October 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: RESOLUTION NO. 19-61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2019-00428, A REQUEST TO ALLOW FOR A TWO (2) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED MINOR EXCEPTION (DRC2013-00941) RELATED TO A 13-UNIT CONDOMINIUM DEVELOPMENT ON 2.17 ACRES OF LAND IN THE LOW MEDIUM (LM) RESIDENTIAL 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 a time extension to extend the approval period of Minor Exception DRC2013-00941, as described in the title of this Resolution. Hereinafter in this Resolution, the subjectMinor Exception Time Extension request is referred to as "the application." 2. On February 11, 2015, this Commission adopted Resolution No. 15-15, thereby approving the application subject to specific conditions and time limits. 3. On October 23, 2019, the PlanningCommission of the City of Rancho Cucamonga conducted a noticed public hearing for the application and concluded said hearing on that date. 1. 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 October 23, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 2.17-acre parcel of land located on the west side of Archibald Avenue and 150 feet north of Monte Vista Street; and b. The property is within the Low Medium (LM) Residential 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) Residential District (4 to 8 dwelling units per acre); to the east is a single-family development in the Low Medium (LM) Residential District (4 to 8 dwelling units per acre); and, to the south is single-family development in the Medium (M) Residential District (8 to 14 dwelling units per acre); and PLANNING COMMISSION RESOLUTION NO. 19-61 TIME EXTENSION DRC2019-00428 (MINOR EXCEPTION DRC2013-00941) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 2 C. Design Review DRC2013-00583 was approved on February 11, 2015, for the design of the 13 detached units related to Tentative Tract Map SUBTT17444 and included a related Minor Exception DRC2013-00941, to permit a wall above the height limit along Archibald Avenue for noise attenuation purposes, Minor Exception DRC2014-00358, to permit walls above the height limit due to onsite grades between lots, and Tree Removal Permit DRC2013-00942, for the removal of up to 39 onsite trees; and d. Time Extension DRC2019-00428 includes a request to extend the approval period of Minor Exception DRC2013-00941 for two (2) additional years. The time extension is necessary to allow time for the applicant to complete the final map process. 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 Minor Exception remains consistent with the General Plan or any applicable specific plan or Development Agreement. The proposed increase in wall height along the eastern project boundary is necessary to comply with the General Plan Goal PS-13 to minimize the impacts of excessive noise levels and General Plan Policy PS-1 3-3 to consider the use of noise barriers or walls to reduce noise levels generated by ground transportation. The increased wall height will reduce the onsite noise levels to be in compliance with City regulations. b. The proposed development remains compatible with existing and proposed land uses in the surrounding area. The proposed project is compatible with the surrounding land uses in that the project site is within the Low Medium (LM) Residential District, which permits the development of single and multi -family residences. Additionally, there is a residential development to the north, south, and west of the project site and to the east across Archibald Avenue. Noise attenuation walls over the permitted height limit occur throughout the City along major streets. C. The proposed exception to the specific development standard(s) remains necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. The project is located along a major street which increases the onsite noise levels in excess of City regulations. The increased wall height will permit the project to comply with City noise attenuation requirements and provide a pleasing street scene. The proposed wall will be constructed of decorative block and the area between the wall and the public right-of-way will be landscaped to soften the appearance of the wall. d. The granting of the Minor Exception will continue to not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to public health, safety or welfare or materially injurious properties or improvements in the vicinity. It is common practice to approve Minor Exceptions for wall height in order to mitigate excessive noise levels for projects adjacent to major streets. The increased wall height will not negatively impact properties in the vicinity as the walls will be required to have a decorative finish and landscaping will soften the appearance of the extra wall height. 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 PLANNING COMMISSION RESOLUTION NO. 19-61 TIME EXTENSION DRC2019-00428 (MINOR EXCEPTION DRC2013-00941) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 3 review and approval of this application based upon the following findings and determinations a. Pursuant to the California Environmental Quality Act ("CEQK) 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: (1) substantial changes are proposed to the project that would 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. A Biological Resources Survey Report (Vincent N. Scheidt; July 2019) was submitted as part of the time extension request. The report concludes that no native habitat types occur onsite, 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. No direct or indirect impact to federally listed species is anticipated from the project or the related Tentative Map Time Extension. The report does find that the flood control channel that traverses the project site before entering a City's storm drain system likely qualifies as waters of the United States. The Biological Habitat Assessment Report (Eilar Associates; July 12, 2005) submitted as part of the original environmental determination also concluded that the onsite drainage channel may be classified as jurisdictional waters that would necessitate permits from Federal, State and regional agencies. The original environmental determination did not include a mitigation measure requiring consultation with the regulating agencies to determine whether the onsite drainage facility qualifies as jurisdictional waters. To rectify this oversite, a condition of approval has been added to Time Extension DRC2019-00428 requiring consultation with the regulating agencies to determine whether permits are required prior to the approval of any earth -moving activities. This new condition of approval is not the result of new environmental impacts or new information, rather it is to address an impact that was known when the original environmental determination was made. The application is for a one (1) year time extension of a previously approved tentative tract map and a two (2) year time extension of a previously approved design review and related files with no proposed changes to the scope of the original approval. With the inclusion of the condition of approval requiring consultation with the regulating agencies related to the onsite drainage channel, staff 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. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional. environmental review is required in connection with the City's consideration of Time Extension DRC2019-00428. PLANNING COMMISSION RESOLUTION NO. 19-61 TIME EXTENSION DRC2019-00428 (MINOR EXCEPTION DRC2013-00941) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 4 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 Minor Exception DRC2013-00941 is February 11, 2022. 6. All applicable Conditions of Approval in Resolution No. 15-15 and incorporated Standard Conditions in Resolution 15-15 for Minor Exception DRC2013-00941 shall apply to Time Extension DRC2019-00428, with the addition of the following Condition of Approval related to the onsite drainage facility which may constitute jurisdictional waters: Prior to approval of any earth -moving activities, the applicant shall consult with the California Department of Fish and Wildlife (CDFW), the United States Army Corps of Engineers (USAGE) and the Regional Water Quality Control Board (RWQCB) to determine whether the onsite drainage facility constitutes jurisdictional waters. Any impact to CDFW, USACE and RWQCB jurisdictional waters may require a 1600 Streambed Alteration Agreement from the CDFW, a Section 404 permit authorization from the USACE, and a 401 State Water Quality Certification from the RWQCB. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF October 2019. CUCAMONGA go ATTEST: Anne Mcln osh, Secretary I, 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 23rd day of October 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: RESOLUTION NO. 19-62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2019-00428, A REQUEST TO ALLOW FOR A TWO (2) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED MINOR EXCEPTION (DRC2014-00358) RELATED TO A 13-UNIT CONDOMINIUM DEVELOPMENT ON 2.17 ACRES OF LAND IN THE LOW MEDIUM (LM) RESIDENTIAL 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. 1. Golden Avenue Development, Inc. filed an application for a time extension to extend the approval period of Minor Exception DRC2014-00358, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Exception Time Extension request is referred to as "the application." 2. On February 11, 2015, this Commission adopted Resolution No. 15-16, thereby approving the application subject to specific conditions and time limits. 3. On October 23, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing for the application and concluded said hearing on that date. 1. 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 October 23, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 2.17-acre parcel of land located on the west side of Archibald Avenue and 150 feet north of Monte Vista Street; and b. The property is within the Low Medium (LM) Residential 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) Residential District (4 to 8 dwelling units per acre); to the east is a single-family development in the Low Medium (LM) Residential District (4 to 8 dwelling units per acre); and, to the south is single-family development in the Medium (M) Residential District (8 to 14 dwelling units per acre); and PLANNING COMMISSION RESOLUTION NO. 19-62 TIME EXTENSION DRC2019-00428 (MINOR EXCEPTION DRC2014-00358) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 2 C. Design Review DRC2013-00583 was approved on February 11, 2015, for the design of the 13 detached units related to Tentative Tract Map SUBTT17444 and included a related Minor Exception DRC2013-00941, to permit a wall above the height limit along Archibald Avenue for noise attenuation purposes, Minor Exception DRC2014-00358, to permit walls above the height limit due to onsite grades between lots, and Tree Removal Permit DRC2013-00942, for the removal of up to 39 onsite trees; and d. Time Extension DRC2019-00428 includes a request to extend the approval period of Minor Exception DRC2014-00358 for two (2) additional years. The time extension is necessary to allow time for the applicant to complete the final map process. 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 Minor Exception remains consistent with the General Plan or any applicable specific plan or Development Agreement. The proposed increase in wall height is necessary due to a grade difference between adjacent private yard areas and is consistent with the residential nature of the Development District in which the site is located. The additional wall height will provide privacy and security between the adjacent yard areas and neighboring project sites. b. The proposed development remains compatible with existing and proposed land uses in the surrounding area as the project site is within the Low Medium (LM) Residential District, which permits the development of single and multi -family residences. Additionally, there is residential development to the north, south, and west of the project site and to the east across Archibald Avenue. Increased wall heights are common where there is a grade difference between adjacent yard areas and neighboring project sites. C. The proposed exception to the specific development standard(s) remains necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. There is an approximately 2-foot grade difference between adjacent private yards areas. The additional wall height will allow residents to secure their private yard areas with a minimum 6-foot high wall. d. The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to public health, safety or welfare or materially injurious properties or improvements in the vicinity. It is common practice to approve Minor Exceptions for wall height within the residential districts when there is a grade difference between adjacent yard areas. The additional wall height will only be visible to the residents living directly adjacent to the walls and will not negatively impact other homeowners in the area. 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 PLANNING COMMISSION RESOLUTION NO. 19-62 TIME EXTENSION DRC2019-00428 (MINOR EXCEPTION DRC2014-00358) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 3 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 would 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. A Biological Resources Survey Report (Vincent N. Scheidt; July 2019) was submitted as part of the time extension request. The report concludes that no native habitat types occur onsite, 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. No direct or indirect impact to federally listed species is anticipated from the project or the related Tentative Map Time Extension. The report does find that the flood control channel that traverses the project site before entering a City's storm drain system likely qualifies as waters of the United States. The Biological Habitat Assessment Report (Eilar Associates; July 12, 2005) submitted as part of the original environmental determination also concluded that the onsite drainage channel may be classified as jurisdictional waters that would necessitate permits from Federal, State and regional agencies. The original environmental determination did not include a mitigation measure requiring consultation with the regulating agencies to determine whether the onsite drainage facility qualifies as jurisdictional waters. To rectify this oversite, a condition of approval has been added to Time Extension DRC2019-00428 requiring consultation with the regulating agencies to determine whether permits are required prior to the approval of any earth -moving activities. This new condition of approval is not the result of new environmental impacts or new information, rather it is to address an impact that was known when the original environmental determination was made. The application is for a one (1) year time extension of a previously approved tentative tract map and a two (2) year time extension of a previously approved design review and related files with no proposed changes to the scope of the original approval. With the inclusion of the condition of approval requiring consultation with the regulating agencies related to the onsite drainage channel, staff 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. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of Time Extension DRC2019-00428. 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 PLANNING COMMISSION RESOLUTION NO. 19-62 TIME EXTENSION DRC2019-00428 (MINOR EXCEPTION DRC2014-00358) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 4 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 Minor Exception DRC2013-00941 is February 11, 2022. 6. All applicable Conditions of Approval in Resolution No. 15-16 and incorporated Standard Conditions in Resolution 15-16 for Minor Exception DRC2014-00358 shall apply to Time Extension DRC2019-00428, with the addition of the following Condition of Approval related to the onsite drainage facility which may constitute jurisdictional waters: Prior to approval of any earth -moving activities, the applicant shall consult with the California Department of Fish and Wildlife (CDFW), the United States Army Corps of Engineers (USAGE) and the Regional Water Quality Control Board (RWQCB) to determine whether the onsite drainage facility constitutes jurisdictional waters. Any impact to CDFW, USACE and RWQCB jurisdictional waters may require a 1600 Streambed Alteration Agreement from the CDFW, a Section 404 permit authorization from the USACE, and a 401 State Water Quality Certification from the RWQCB. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF October 2019. PLANNING COMM ON OF T NCHO CUCAMONGA BY: Ton Gug ie o, airman ATTEST: LA nne McIntosh, Secretary I, 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 23rd day of October 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: RESOLUTION NO. 19-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2019-00428, A REQUEST TO ALLOW FOR A TWO (2) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED TREE REMOVAL PERMIT (DRC2013-00942) RELATED TO A 13-UNIT CONDOMINIUM DEVELOPMENT ON 2.17 ACRES OF LAND IN THE LOW MEDIUM (LM) RESIDENTIAL 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 a time extension to extend the approval period of Tree Removal Permit DRC2013-00942, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Removal Permit Time Extension request is referred to as "the application." 2. On February 11, 2015, this Commission adopted Resolution No. 15-17, thereby approving the application subject to specific conditions and time limits. 3. On October 23, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing for the application and concluded said hearing on that date. 1. 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 October 23, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 2.17-acre parcel of land located on the west side of Archibald Avenue and 150 feet north of Monte Vista Street; and b. The property is within the Low Medium (LM) Residential 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) Residential District (4 to 8 dwelling units per acre); to the east is a single-family development in the Low Medium (LM) Residential District (4 to 8 dwelling units per acre); and, to the south is single-family development in the Medium (M) Residential District (8 to 14 dwelling units per acre); and PLANNING COMMISSION RESOLUTION NO. 19-63 TIME EXTENSION DRC2019-00428 (TREE REMOVAL PERMIT DRC2013-00942) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 2 C. Design Review DRC2013-00583 was approved on February 11, 2015, for the design of the 13 detached units related to Tentative Tract Map SUBTT17444 and included a related Minor Exception DRC2013-00941, to permit a wall above the height limit along Archibald Avenue for noise attenuation purposes, Minor Exception DRC2014-00358, to permit walls above the height limit due to onsite grades between lots, and Tree Removal Permit DRC2013-00942, for the removal of up to 39 onsite trees; and d. Time Extension DRC2019-00428 includes a request to extend the approval period of Tree Removal Permit DRC2013-00942 for two (2) additional years. The time extension is necessary to allow time for the applicant to complete the final map process. 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 removal of the trees remains necessary due to the condition of the trees related to disease, danger of collapse, proximity to an existing structure, or interference with utility services. The Arborist Report prepared for the project on May 17, 2005, concluded that all but 6 of the trees are in poor condition and should be removed. The required grading and site layout prevent preserving the 6 healthy trees. b. The removal of the trees remains necessary in order to construct improvements which will allow economic enjoyment of the property. The trees conflict with the construction of onsite improvements related to the development of the proposed 13-unit multi -family development. C. The removal of the trees continues to not negatively impact the neighborhood, the established character of the area and property values. There are a large number of mature trees in the surrounding area. The removal of the onsite trees will have a minimal impact on the surrounding area as the 45 trees slated for removal will be mitigated by the number of trees that will be planted as part of the project. The Development Code requires that new developments plant 40 trees per acre, of which 90-percent must be 15-gallon size trees and 10-percent must be 24-inch box size trees. The Landscape Plan for the project includes 92 new trees, 5 trees in excess of the minimum requirement, of which 43 percent will be 24-inch box size trees. d. The removal of the trees remains necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way. There are four trees to be removed within the public right-of-way that will replaced by new street trees. e. The trees cannot be preserved through pruning and proper maintenance or relocation. All but 6 of the trees slated for removal have been determined by the Arborist Report to be in poor condition. The 6 healthy trees conflict with the proposed onsite improvements. f. The trees do not constitute a significant natural resource in the city. All but 6 of the trees are in poor condition. The trees will be replaced as part of the project with a greater number of trees. g. Removal of the trees is not restricted by a Specific Plan, Community Plan, condition of approval, or designation as a Historic Landmark. PLANNING COMMISSION RESOLUTION NO. 19-63 TIME EXTENSION DRC2019-00428 (TREE REMOVAL PERMIT DRC2013-00942) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 201.9 Page 3 h. Every effort has been made to incorporate the trees into the design of the project and the only appropriate alternative is the removal of the trees. The condition of the trees and the proposed site and grading plans prevent maintaining the trees in their present location or from relocating the trees on site. i. The removal of the trees will not have a negative impact on the health, safety, or viability of surrounding trees, nor will it negatively impact the aesthetics or general welfare of the surrounding area. Only 6 of the 45 trees slated for removal have been determined to be healthy. Any negative impact created by the removal of the 6 healthy trees will be mitigated by the 92 new trees that will be planted as part of the project. 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 would 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. A Biological Resources Survey Report (Vincent N. Scheidt; July 2019) was submitted as part of the time extension request. The report concludes that no native habitat types occur onsite, 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. No direct or indirect impact to federally listed species is anticipated from the project or the related Tentative Map Time Extension. The report does find that the flood control channel that traverses the project site before entering a City's storm drain system likely qualifies as jurisdictional waters. The Biological Habitat Assessment Report (Eilar Associates; July 12, 2005) submitted as part of the original environmental determination also concluded that the onsite drainage channel may be classified as jurisdictional waters that would necessitate permits from Federal, State and regional agencies. The original environmental determination did not include a mitigation measure requiring consultation with the regulating agencies to determine whether the onsite drainage facility qualifies as jurisdictional waters. To rectify this oversite, a condition of approval has been added to Time Extension DRC2019-00428 requiring consultation with the regulating agencies to determine whether permits are required prior to the approval of any earth -moving activities. This PLANNING COMMISSION RESOLUTION NO. 19-63 TIME EXTENSION DRC2019-00428 (TREE REMOVAL PERMIT DRC2013-00942) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 4 new condition of approval is not the result of new environmental impacts or new information, rather it is to address an impact that was known when the original environmental determination was made. The application is for a one (1) year time extension of a previously approved tentative tract map and a two (2) year time extension of a previously approved design review and related files with no proposed changes to the scope of the original approval. With the inclusion of the condition of approval requiring consultation with the regulating agencies related to the onsite drainage channel, staff 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. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of Time Extension DRC2019-00428. 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 Tree Removal Permit DRC2013-00942. 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 Tree Removal Permit DRC2013-00942 is February 11, 2022. 6. All applicable Conditions of Approval in Resolution No. 15-17 and incorporated Standard Conditions in Resolution 15-17 for Tree Removal Permit DRC2013-00942 shall apply to Time Extension DRC2019-00428, with the addition of the following Condition of Approval related to the onsite drainage facility which may constitute jurisdictional waters: Prior to approval of any earth -moving activities, the applicant shall consult with the California Department of Fish and Wildlife (CDFW), the United States Army Corps of Engineers (USAGE) and the Regional Water Quality Control Board (RWQCB) to determine whether the onsite drainage facility constitutes jurisdictional waters. Any impact to CDFW, USACE and RWQCB jurisdictional waters may require a 1600 Streambed Alteration Agreement from the CDFW, a Section 404 permit authorization from the USACE, and a 401 State Water Quality Certification from the RWQCB. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF October 2019. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 3'w Tony Guglielmo, Chairman PLANNING COMMISSION RESOLUTION NO. 19-63 TIME EXTENSION DRC2019-00428 (TREE REMOVAL PERMIT DRC2013-00942) GOLDEN AVENUE DEVELOPMENT, INC. October 23, 2019 Page 5 ATTEST: ly� 4 1 Or & —4�u ne McIntosh, Secretary I, 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 23rd day of October 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: