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Home My WebLink About20-31 ResolutionRESOLUTION NO. 20-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2019-00867, A REQUEST TO REMOVE 32 TREES RELATED TO A PROPOSED MIXED -USE DEVELOPMENT ON 11.44 ACRE PROJECT SITE IN THE COMMUNITY COMMERCIAL (CC) DISTRICT, LOCATED ON THE WEST SIDE OF EAST AVENUE AND NORTH OF FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1100-191-04. A. Recitals. 1. SC Westbury Limited Partnership filed an application for the approval of Tree Removal Permit DRC2019-00867, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Removal Permit request is referred to as "the application." 2. On the 24th day of June 2020, 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. 3. 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 public hearings of June 24, 2020, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 11.44-acre project site is located on the west side of East Avenue, approximately 550 feet north of Foothill Boulevard: and b. The project site made up of 3.76 acres of land unencumbered by easements. Of the remainder of the property, 1.98 acres are within a Southern California Gas Company easement that will be used for parking and 5.7 acres are within a Southern California Edison easement that will be left undeveloped; and C. The vacant project site slopes from north to south and is covered by low vegetation and multiple eucalyptus trees; and d. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: PLANNING COMMISSION RESOLUTION NO. 20-31 TRP DRC2019-00867 — SC WESTBURY LIMITED PARTNERSHIP June 24, 2020 Page 2 Land Use General Plan Zoning Utility Corridor Open Space (OS) District Site Vacant Mixed -Use Community Commercial (CC) District; Foothill Boulevard Overlay District Subarea 4 North Utility Corridor Utility Corridor Low Medium (LM) Residential District South Vacant Land Mixed -Use Mixed -Use (MU) District East Single -Family Residences City of Fontana City of Fontana West Utility Utility Corridor Open Space (OS) District Infrastructure Commercial Office (CO) District e. The project is for the development of a two and three-story mixed -use development made up of 131 residential units (73 one -bedroom and 58 two -bedroom units), 4 commercial ready units (305 square feet each), that are attached to one -bedroom residential units and a 1,500-square foot commercial space; and f. Tree Removal Permit DRC2019-00867 is for the removal of 32 eucalyptus trees. It has been determined that 32 of 33 on -site eucalyptus trees are in poor condition due to age, pest infestation, lack of care and maintenance, and other observed structural deficiencies (LSA Associates). 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 proposed Tree Removal Permit is consistent with the objectives of the General Plan. The related mixed -use development (Design Review DRC2018-00770) is consistent with the General Plan Mixed Use (MU) land use designation. The removal of the subject trees is necessary to develop the related 131-unit mixed -use development; and b. The proposed Tree Removal Permit will be accord with the objectives of the Municipal Code and the purposes of the district in which permits the removal of heritage trees when associated with the development of the project site. In this case, removal of the trees is necessary to construct a related 131-unit mixed -use development. Additionally, the Arborist Report submitted for the related project (LSA) determined that the on -site eucalyptus trees are in poor condition due to pest infestation, lack of care and maintenance and other observed structural deficiencies and are poor candidates for integration into the project landscape design; and C. The proposed Tree Removal Permit will be compliance with each of the applicable provisions of the Development Code including replacement of the removed trees with trees of a species and quantity commensurate with the aesthetic value of the trees to be removed; and d. The proposed Tree Removal Permit, 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 as the 31 onsite eucalyptus trees will be replaced with new trees as part of the overall landscape theme. PLANNING COMMISSION RESOLUTION NO. 20-31 TRP DRC2019-00867 — SC WESTBURY LIMITED PARTNERSHIP June 24, 2020 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, LSA has prepared an Initial Study of the potential environmental effects of the project, which was peer -reviewed by First Carbon Solutions, a consultant contracted by the City to review this document. Based on the findings contained in that Initial Study, it was determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission, therefore, recommends that the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 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 Standard Conditions, attached hereto and incorporated herein by this reference. The Secretary to this Commission shall certify to the adoption of this Resolution PLANNING COMMISSION RESOLUTION NO. 20-31 TRP DRC2019-00867 — SC WESTBURY LIMITED PARTNERSHIP June 24, 2020 Page 4 APPROVED AND ADOPTED THIS 24th DAY OF JUNE 2020. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ATTEST: Im M C i Anne McIntosh, AICP, Secretary I, Anne McIntosh, AICP, 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 24th day of June 2020, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: