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Home My WebLink About19-60 - ResolutionRESOLUTION 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 (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 CO SION Y 0 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: