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Home My WebLink About19-17 - ResolutionRESOLUTION NO. 19-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2019-00048, A REQUEST TO ALLOW FOR A ONE (1) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED 7 LOT TENTATIVE TRACT MAP (SUBTT18210) ON 4.89 ACRES OF LAND IN THE VERY LOW (VL) DISTRICT (1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN AND THE EQUESTRIAN OVERLAY DISTRICT ON THE SOUTH SIDE OF BANYAN STREET BETWEEN GREENWOOD PLACE AND LAUREL BLOSSOM PLACE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-171-04. A. Recitals. 1. Susan Etcheberria filed an application for the extension of the approval of Tentative Tract Map SUBTT18210, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 2. On March 28, 2007. the Commission adopted Resolution No. 07-12, thereby approving the application subject to specific conditions and time limits. 3. The State approved a time extension of approved tentative maps (SB 1185) that extended the approval period by 1-year to March 28, 2011; 4. The State approved a time extension of approved tentative maps (AB 333) that extended the approval period by 2-years to March 28, 2013; 5. The State approved a time extension of approved tentative maps (AB 208) that extended the approval period by 2-years to March 28, 2015; 6. The State approved a time extension of approved tentative maps (AB 116) that extended the approval period by 2-years to March 28, 2017; 7. On February 22, 2017, this Commission adopted Resolution No. 17-13, thereby extending the approval period by 1-year to March 28, 2018; 8. On March 14, 2018, this Commission adopted Resolution No. 18-13, thereby extending the approval period by 1-year to March 28, 2019, 9. On March 13, 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. 10. 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, PLANNING COMMISSION RESOLUTION 19-17 TIME EXTENSION DRC2019-00048 (TENTATIVE MAP SUBTT18210) SUSAN ETCHEBERRIA March 13, 2019 Page 2 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 March 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 4.89-acre parcel of land located on the south side of Banyan Street between Greenwood Place and Laurel Blossom Place; and b. The subject property is within the Etiwanda Specific Plan and the Equestrian Overlay District. The project site generally slopes from north to south and has been regularly cleared of vegetation; and C. The project is surrounded by single-family residential development to the south east and west within the Very Low (VL) District (.1 to 2 dwelling units per acre) of the Etiwanda Specific Plan. The lots to the north, across Banyan Street, are undeveloped and within the Estate Residential (ER) District (.1 to 1 dwelling units per acre) of the Etiwanda Specific Plan; and d. The subdivision of the project site conforms to all applicable development standards of the Etiwanda Specific Plan for the Very Low (VL) District and the Equestrian Overlay District; and e. This application is a request to extend the approval period of Tentative Tract Map SUBTT18210 for one (1) additional year. The time extension is necessary to provide the applicant time to sell the project site. The expiration date with the approval of Time Extension DRC2019- 00048 will be March 28, 2020. 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 subdivision is consistent with the City's current General Plan, Etiwanda Specific Plan, Equestrian Overlay District, Ordinances, plans, codes, and policies. The approved project is for the subdivision of 4.89 acres of land for the future development of 7 single-family residences. The approved subdivision is consistent with each of the related City requirements for the project site; and b. The site is physically suitable for the type and density of the previously approved subdivision. The project site is well suited for the approved subdivision as there is similar residential development to the east, west and south and vacant residentially zoned property to the north; and C. The previously approved 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 March 28, 2007, along with a Mitigated Negative Declaration, which reviewed potential environmental impacts created by the subdivision of the project site into 7 residential lots. Mitigation measures were included in the original approval reducing any potential impact to less than significant; and PLANNING COMMISSION RESOLUTION 19-17 TIME EXTENSION DRC2019-00048 (TENTATIVE MAP SUBTT18210) SUSAN ETCHEBERRIA March 13, 2019 Page 3 d. The previously approved subdivision complies with each of the applicable provisions of the Development Code. The previously approved subdivision complies all development standards outlined in the Development Code, the Etiwanda Specific Plan and the Equestrian Overlay District for the development of single-family residences within the Very Low (VL) District; 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 of tentative maps. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on March 28, 2007, in connection with the City's approval of Tentative Tract Map SUBTT18210. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that 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 SUBTT18210, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The application is for a one (1) year time extension of a previously approved tentative tract map with no proposed changes to the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. To assure that no nesting birds have inhabited the site since the original CEQA determination, staff has added a Condition of Approval to the Resolution of Approval requiring that the applicant submit a nesting bird survey 30 days prior to earth moving activity. 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 a one (1) year time extension for Tentative Tract Map SUBTT18210. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a one (1) year time extension. The new expiration date for Tentative Tract Map SUBTT18210 is March 28, 2020. 6. All applicable Conditions of Approval in Resolution No. 07-12 and the Standard PLANNING COMMISSION RESOLUTION 19-17 TIME EXTENSION DRC2019-00048 (TENTATIVE MAP SUBTT18210) SUSAN ETCHEBERRIA March 13, 2019 Page 4 Conditions incorporated in Resolution 07-12 for SUBTT18210 shall apply to Time Extension DRC2019-00048. The approval of time extension DRC2019-00048 is also subject to the attached Standard Conditions incorporated herein by this reference as well as the Standard Conditions included with Time Extension DRC2018-00054 (Resolution of Approval No. 18-13). The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF MARCH 2O19. PLANNINVCOM SSION OF THE F RANCHO CUCAMONGA BY: To Guglielmo, C airman ATTEST: (�'D ::�'? A . _7 Candyce Bu nett, 8Lr6retary 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 13th day of March 2019, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, DOPP, MUNOZ, OAXACA NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: Project #: DRC2019-00048 Project Name: EDR - Tract 18210 Location: Project Type: Conditions of Approval Community Development Department 12765 BANYAN ST - 022517104-0000 Time Extension ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Please be advised of the following Special Conditions 1. Submit a pre -construction clearance survey within 3 days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the clearance survey should document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If an active avian nest is discovered during the pre -construction clearance survey, construction activities should stay outside of a no -disturbance buffer. The size of the no -disturbance buffer (generally 300 feet for migratory and non -migratory song birds and 500 feet for raptors and special -status species) will be determined by a wildlife biologist, in coordination with CDFW and will depend on the level of noise and/or surrounding disturbances, line of sight between the nest and the construction activity, ambient noise, an topographical barriers. These factors will be evaluated on a case -by -case basis when developing buffer distances. Limits of construction to avoid an active nest will be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A biological monitor should be present to delineate the boundaries of the buffer area and to monitor the active next to ensure that nesting behavior is not adversely affected by construction activity. Once the young have fledged and left the nest, or the nest otherwise be 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. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption 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 or within 5 days of the date of project approval. 5. 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. w .CityofRC.us Printed' 3/5/2019 Project #: DRC2019-00048 Project Name: EDR - Tract 18210 Location: 12765 BANYAN ST - 022517104-0000 Project Type: Time Extension ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 6. 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. Pnnted: 3/5/2019 �.CityofRC.us Page 2 of 2