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HomeMy WebLinkAbout20-43 ResolutionRESOLUTION NO. 20-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2020-00289, 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 approved a one (1) year time extension for Tentative Tract Map SUBTT17444, extending the approval period to October 10, 2020. 10. On September 9, 2020, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing for the application and concluded said hearing on that date. 11. All legal prerequisites prior to the adoption of this Resolution have occurred. PLANNING COMMISSION RESOLUTION NO. 20-43 TIME EXTENSION DRC2020-00289 (TENTATIVE TRACT MAP SUBTT17444) GOLDEN AVENUE DEVELOPMENT, INC. September 9, 2020 Page 2 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 September 9, 2020, 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 existing General Plan and zoning designation for the project site and the surrounding properties are as follows: Land Use General Plan Zoning Low Medium Low Medium (LM) Residential District Site Vacant Land Residential (4 to 8 Dwelling Units Per Acre) Low Medium Low Medium (LM) Residential District North Mobile Home Park Residential (4 to 8 Dwelling Units Per Acre) Single -Family Medium (M) Residential District South Residences Medium Residential (8 to 14 Dwelling Units Per Acre) East Single -Family Low Medium Low Medium (LM) Residential District Residences Residential (4 to 8 Dwelling Units Per Acre) Low Medium Low Medium (LM) Residential District West Mobile Home Park Residential (4 to 8 Dwelling Units Per Acre) 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- PLANNING COMMISSION RESOLUTION NO. 20-43 TIME EXTENSION DRC2020-00289 (TENTATIVE TRACT MAP SUBTT17444) GOLDEN AVENUE DEVELOPMENT, INC. September 9, 2020 Page 3 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 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. Staff evaluated Time Extension DRC2020-00289 and concludes 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 time extension DRC2019-00428. That report concluded that no native habitat types occur onsite, and PLANNING COMMISSION RESOLUTION NO. 20-43 TIME EXTENSION DRC2020-00289 (TENTATIVE TRACT MAP SUBTT17444) GOLDEN AVENUE DEVELOPMENT, INC. September 9, 2020 Page 4 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. That report did find that the drainage channel that traverses the project site before entering a City's storm drain system may qualify as jurisdictional waters. Staff evaluated Time Extension DRC2020-00289 and concludes 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 Time Extension DRC2019-00428. That report concluded 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 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 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 DRC2020-00289. b. 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 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 one (1) year time extension. The new expiration date for Tentative Tract Map SUBTT17444 is October 10, 2021. 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 DRC2020-00289. PLANNING COMMISSION RESOLUTION NO. 20-43 TIME EXTENSION DRC2020-00289 (TENTATIVE TRACT MAP SUBTT17444) GOLDEN AVENUE DEVELOPMENT, INC. September 9, 2020 Page 5 The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF September 2020. PLANNING C1 =CHO CUCAMONGA BY: Tony Guglielmo, airman ATTEST: 0't " N & " 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 9th day of September 2020, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: