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HomeMy WebLinkAboutReso 22-05RESOLUTION NO. 22-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2022-00020, A REQUEST FOR A SIXTH ONE (1) YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP (SUBTT16072) TO SUBDIVIDE 150.79 ACRES LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE (APNs: 1087-081-12, -19, -20, -21, -22, - 23, and -24) INTO 358 LOTS IN THE LOW (2-4 DWELLING UNITS PER ACRE) AND VERY LOW (UP TO 2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE ETIWANDA NORTH SPECIFIC PLAN; MAKING FINDINGS IN SUPPORT THEREOF; AND MAKING FINDINGS PURSUANT TO CEQA AND DETERMINATIONS THAT NO FURTHER CEQA REVIEW IS REQUIRED A. Recitals. 1. Golden Meadowland, LLC, filed an application for a sixth one-year extension of time for Tentative Tract Map SUBTT16072, as described in the title of this Resolution, and in accordance with Government Code Section 66452.6(e) of the Subdivision Map Act (Cal. Gov. Code, § 66410 et seq.), which authorizes the Planning Commission's consideration of extensions not exceeding a total of six years. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 2. On June 16, 2004, the City Council adopted Resolution No. 04-206, approving Tentative Tract Map SUBTT16072 subject to specific conditions with an expiration date of June 16, 2007. 3. On June 13, 2007, the Planning Commission adopted Resolution No. 07-26 approving a 1-year extension of time subject to specific conditions with an expiration date of June 16, 2008. 4. On May 28, 2008, the Planning Commission adopted Resolution No. 08-25 approving a second 1-year extension of time subject to specific conditions with an expiration date of June 16, 2009. 5. From July 2008 to July 2013, the State Legislature enacted Senate Bill 1185, Assembly Bill 333, Assembly Bill 208 and Assembly Bill 116 automatically extending the life of Tentative Tract Map SUBTT16072 for a total of 7 years to June 16, 2016. 6. On June 22, 2016, the Planning Commission adopted Resolution No.16-42 approving a third 1-year extension of time subject to specific conditions with an expiration date of June 16, 2017. 7. On June 14, 2017, the Planning Commission adopted Resolution No. 17-64 approving a fourth 1-year extension of time subject to specific conditions with an expiration date of June 16, 2018. 8. On June 13, 2018, the Planning Commission adopted Resolution No. 18-24 approving a fifth 1-year extension of time subject to specific conditions with an expiration of June 16, 2019. PLANNING COMMISSION RESOLUTION 22-05 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 23, 2022 Page 2 9. On July 16, 2004, the Spirit of the Sage Council filed a petition for writ of mandate against the City of Rancho Cucamonga (San Bernardino County Superior Court Case No. RCVRS 081847), to which the applicant was named as a party of interest. The Spirit of the Sage Council challenged the City's approval of Tentative Tract Map SUBTT16072. A settlement agreementwas reached between Spirit of the Sage Council and the applicant on August 12, 2005. The total number of days between the writ of mandate filing petition and the settlement agreement was 392 days. Per Government Code Section 66452.6(c), the three-year term of Tentative Tract Map SUBTT16072 did not include the 392-day period during which the lawsuit was pending. On August 14, 2019, the Planning Commission adopted Resolution No. 19-49, approving the 392- day stay of time pursuant to Government Code Section 66452.6(c) and extending Tentative Tract Map SUBTT16072 to July 12, 2020. 10. On January 1, 2021, Assembly Bill 1561 became effective, automatically extending the life of Tentative Tract Map SUBTT16072 for 18 months to January 12, 2022. 11. On January 26, 2022, the Planning Commission conducted a duly noticed public hearing on the application and continued said hearing to February 9, 2022. 12. On February 9, 2022. the Planning Commission conducted a duly noticed continued public hearing on the application and concluded said hearing on that date. 13. 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 January 26, 2022 and February 9, 2022, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 150.79 acres located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue; and b. The land use, General Plan designation, and Zoning designation of the project site and surrounding properties are as follows: Land Use General Plan Zoning Very Low (VL) Residential2.3 site Vacant land Traditional Neighborhood Low (L) Residential2.3 Power line corridor General Open Space and Facilities Utility Corridor (UC) North Vacant land (SUBT rots) Traditional Neighborhood Low (L) Residential2 approved for 269 lots South Cucamonga Valley Water General Open Space and Very Low (VL) Residential District facilit Facilities PLANNING COMMISSION RESOLUTION 22-05 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBT1716072) GOLDEN MEADOWLAND, LLC February 23, 2022 Page 3 Vacant land Neighborhood Center Vacant land SUBTT18908 Low (L) Residentialz East approved for 21 lots) Traditional Neighborhood Vacant land Very Low (VL) Residentialz West Single-family residences Suburban Neighborhood Very Low Low (L) Residentialz 1 - Etiwanda Specific Plan; 2 — Efiwanda North Specific Plan; 3 — the land use designations and zoning are divided by the Etiwanda Avenue Scarp of the Red Hill Fault Zone C. The application proposed to extend the life of Tentative Tract Map SUBTT16072, a proposed subdivision of 358 lots for single-family residential development, with a gross density of 2.38 dwelling units per acre, for one additional year. The time extension is necessary to allow the applicant time to complete the project conditions of approval and environmental mitigations, and to prepare the site for grading and construction. The expiration date, with the approval of Time Extension DRC2022-00020, will be January 12, 2023. 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 General Plan and Zoning Code in effect at the time of original project approval. The approved project is for the subdivision of 150.79 acres of for the development of 358 single-family residential lots. 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 are similar residential developments near and around the site; 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. The tentative map allows forthe development of single- family residential lots in an area identified in the City's General Plan and Zoning Code in effect at the time of original project approval as suitable for residential development of this type and intensity. The subdivision is designed in a similar manner as existing residential subdivisions adjacent or nearby the project site. The City Council has also certified an Environmental Impact Report on June 16, 2004 that analyzed potential impacts and provided mitigations to address such impacts. The project, together with the time extensions, does not raise or create new environmental impacts not already considered in the Environmental Impact Report; and d. The previously approved subdivision complies with each of the applicable provisions of the Development Code. The previously approved subdivision complies with all development standards outlined in the Development Code at the time of approval for the development of single-family residential lots in the Low (L) and Very -Low (VL) designations of the Etiwanda Specific Plan and the North Etiwanda Specific Plan; and e. The time extension is within the time limits established by State law, which allows PLANNING COMMISSION RESOLUTION 22-05 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 23, 2022 Page 4 for one (1) year time extensions of tentative maps, in accordance with Government Code Section 66452.6(e) of the Subdivision Map Act (Cal. Gov. Code, § 66410 at seq.), which authorizes the Planning Commission's consideration of extensions not exceeding a total of six years. This will be the final extension of time that can be granted for the subject tentative map. 4. California Environmental Quality Act Findings. a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff has considered the potential environmental impacts of the sixth one-year extension of time for Tentative Tract Map SUBTT16072 (the "Project"). City staff has also reviewed the Final Environmental Impact Report ("FEIR") prepared for Tentative Tract Map SUBTT16072 and certified by the City Council on June 16, 2004, including the impacts and mitigation measures identified therein. Based on that review, the City of Rancho Cucamonga Planning Department has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR. All potential environmental impacts associated with Tentative Tract Map SUBTT16072 and the sixth one-year extension of time for Tentative Tract Map SUBTT16072 are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. b. The Planning Commission has independently reviewed City staffs determination, and based upon the whole record before it, and its independent review and judgment, finds that that the Project, is not subject to further environmental review pursuant to the Guidelines because: (1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR; and (2) All potential environmental impacts associated with Tentative Tract Map SUBTT16072 and the sixth one-year extension of time for Tentative Tract Map SUBTT16072 are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. C. The custodian of records for the prior FEIR, and all other materials that constitute the record of proceedings upon which the Planning Commission determination is based, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves DRC2022-00020, a request for a sixth 1-year extension of time for Tentative Tract Map SUBTT16072. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 23RD DAY OF FEBRUARY 2022. PLANNING COMMISSION RESOLUTION 22-05 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 23, 2022 Page 5 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ATTEST: I, Matthew R. BUrds, 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 February 2022, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, MORALES, BOLING, DANIELS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: RECUSE: COMMISSIONERS: WILLIAMS