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HomeMy WebLinkAboutDELETE (2)RESOLUTION NO. 22-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING 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. 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. 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 Exhibit B PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 2 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 agreement was 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 concluded said hearing on that date. 12. 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, 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 Site Vacant land Traditional Neighborhood Very Low (VL) Residential District2,3 Low (L) Residential Districts2,3 North Power line corridor Utility Corridor Utility Corridor (UC) District Vacant land (SUBTT14749 approved for 269 lots) Traditional Neighborhood Low (L) Residential District2 South Cucamonga Valley Water District (CVWD) facility and vacant land Suburban Neighborhood Very Low Very Low (VL) Residential District1 East Single-family residences Suburban Neighborhood Very Low Very Low (VL) Residential District2 West Single-family residences Suburban Neighborhood Very Low Low (L) Residential District2 1 - Etiwanda Specific Plan; 2 – Etiwanda North Specific Plan; 3 – the land use designations and zoning PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 3 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. 3. 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, 2007, 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 staff’s 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. 4. Findings for Denial of Extension of Time for Tentative Tract Map SUBTT16072. 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: PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 4 a. The proposed extension of time for Tentative Tract Map SUBTT16072 should be denied because (1) there is substantial evidence in the record that the applicant has not been diligent in processing the final map for Tentative Tract Map SUBTT16072 and (2) Tentative Tract Map SUBTT16072 is no longer consistent with the City of Rancho Cucamonga General Plan and the design or improvement of the proposed Tentative Tract Map SUBTT16072 is not consistent with the applicable provisions of the City of Rancho Cucamonga General Plan for the following reasons: (1) The previously approved Tentative Tract Map SUBTT16072 is not consistent with the current land use designation of Traditional Neighborhood and fails to meet relevant policies of the current General Plan, as summarized below and in the Planning Commission staff report dated January 26, 2022: a) Land Use Designation: The Traditional Neighborhood designation is intended promote traditional pedestrian-oriented neighborhood patterns using a mix of low and low-medium density residential. The development pattern is intended to conform to the natural terrain, using minimal grading in order to preserve the natural landforms of the hillside areas. Development patterns are also guided by strong access and connectivity, incorporating streets that are interconnected with a grid network and human-scaled walkable blocks. This is typically achieved by incorporating various pedestrian connections from neighborhood streets, providing bike lanes along collector streets, or by using well-designed streets that include landscape enhancements that define the public spaces. Following are requirements from the General Plan for the Traditional Neighborhood Designation: • “Lots, blocks, and streets conform to the natural terrain, minimizing grading and preserving natural landforms.” Inconsistent: Tract 16072 plans for mass grading and the creation of large fill slopes along Wilson Avenue and East Avenue. • “Streets are highly interconnected with a grid network pattern and human- scale blocks.” Inconsistent: Tract 16072 provides for extremely limited connection with just one connection on Wilson Avenue and one connection on East Avenue. The vast majority of the streets are dead ends (six cul-de-sacs in total), providing for the creation of three very large blocks. • “Open space is in the form of neighborhood parks for active and passive recreational use for all ages and other small open spaces such as plazas and squares at mixed-use and commercial areas.” Inconsistent: Tract 16072 provides no open space beyond landscaped slopes. No open space is provided in the form of neighborhood parks. Note that Tract 16072 is a component of a larger development concept that consolidates open space within a fault hazard zone, a trailhead, and an PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 5 equestrian center. Open space is also not provided in the form of neighborhood parks as a part of the larger development concept b) General Plan Policies. The project fails to meet relevant policies of the General Plan as discussed in the following table. Applicable Policy Analysis LC-1.1 Complete Places. Ensure that a broad range of recreational, commercial, educational, arts, cultural, and civic amenities are nearby and easily accessible to residents and workers in each neighborhood and each employment district. Neither Tract 16072 nor the larger Richland-Tracy-Chen development provides for easily accessible amenities. Limited open space is anticipated, access is limited, and no civic or commercial uses are provided for available in the vicinity. LC-1.4 Connectivity and Mobility. Work to complete a network of pedestrian- and bike-friendly streets and trails, designed in concert with adjacent land uses, Tract 16072 does not provide for a network of pedestrian friendly streets. Streets primarily end in cul- de-sacs, there are only two connections outside of the Tract to the larger street network, and blocks are very long with indirect perimeters. LC-3.5 Efficient Growth. Manage growth in a manner that is fiscally sustainable, paced with the availability of infrastructure, and protects and/or enhances community value. Discourage growth and development that will impact the City While a current Fiscal Impact Analysis was not prepared (nor would typically be required for a map extension), since this map was approved 18 years ago, the City has found that large-lot single family development projects are typically not fiscally sustainable as such projects tend to struggle to generate sufficient revenue to offset the corresponding increase in municipal services. LC-4.2 Complete Neighborhoods. Strive to ensure that all new neighborhoods, and infill development within or adjacent to existing neighborhoods, are complete and well-structured such that the physical layout, and land use mix promote walking to services, biking and transit use, and have the following characteristics. • Be organized into human-scale, walkable blocks, with a high level of connectivity for pedestrians, Tract 16072 is designed as a limited access suburban residential subdivision. No services are in walking distance nor are any services proposed as part of this Tract. Tract 16072 is part of a larger project that provides limited open space amenities generally clustered within the fault hazard setback zone. Due to the large-block, limited access street and block network, pedestrian and bicycle connectivity would be indirect. Tract 16072 is not organized in relation to an activity PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 6 bicycles, and vehicles. • Be organized in relation to one or more focal activity centers, such as a park, school, civic building, or neighborhood retail, such that most homes are no further than one- quarter mile. • Require development patterns such that 60 percent of dwelling units are within 1/2-mile walking distance to neighborhood goods and services. • Provide as wide a diversity of housing styles and types as possible, and appropriate to the existing neighborhood context. • Provide homes with entries and windows facing the street, with driveways and garages generally deemphasized in the streetscape composition. center. There are no goods and services within walking distance of the site. Lot sizes are generally uniform with limited variability, precluding diversity in housing types, sizes, or affordability. LC-4.3 Connected Neighborhoods. Require that each new increment of residential development make all possible street, trail, and open space connections to existing adjoining residential or commercial development and provide for future connections into any adjoining parcels. Tract 16072 does not make all possible connections. It provides just two connections to Wilson and East Avenues, providing far fewer connections than is appropriate for good pedestrian and public safety access. LC-4.4 Balanced Neighborhoods. Within the density ranges and housing types defined in this General Plan, promote a range of housing and price levels within each neighborhood to accommodate diverse ages and incomes. Tract 16072 lot sizes are generally uniform with limited variability, precluding diversity in housing types, sizes, or affordability that would help accommodate diverse ages and incomes. LC-4.5 Equitable Housing Opportunities and Diversity of Housing Types. Within the density ranges and housing types defined in this General Plan, promote a diversity of land tenure opportunities to provide a range of choices on the types of property estate available and ready access to an equitable array of opportunities at a variety of price Tract 16072 lot sizes are generally uniform with limited variability, precluding diversity in housing types, sizes, or affordability that would help accommodate diverse ages and incomes. Based on proposed lots sizes, all units are expected to be for sale within a fairly limited band of higher pricing. PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 7 points. For projects five acres or larger, require that diverse housing types be provided and intermixed rather than segregated by dwelling type. LC-4.6 Block Length. Require new neighborhoods to be designed with blocks no longer than 600 feet nor a perimeter exceeding 1,800 feet. Exceptions can be made if mid- block pedestrian and bicycle connections are provided, or if the neighborhood is on the edge of town and is intended to have a rural or semi-rural design character Block lengths far exceed both the 600 foot length and 1800 foot perimeter requirement. No mid- block connections are provided. For example, if Tract 16072 were to meet this standard, there would be at least one additional connection on Wilson Avenue and at least two additional connections on East Avenue. LC-4.7 Intersection Density. Require new neighborhoods to provide high levels of intersection density. Neighborhood Center and Semi-Rural Neighborhoods should provide approximately 400 intersections per square mile. Suburban Neighborhoods should provide at least 200 intersections per square mile. With only two connections to the surrounding street network and one additional proposed connection to future tracts, At 150 acres and under the most permissive metric of 200 intersections per square mile, Tract map 16072 should have at least 46 intersections. Tract 16072 has twelve intersections. Tract 16072 fails to meet the intersection density requirements. LC-4.12 Conventional Suburban Neighborhood Design. Discourage the construction of new residential neighborhoods that are characterized by sound walls on any streets, discontinuous cul-de- sac street patterns, long block lengths, single building and housing types, and lack of walking or biking access to parks, schools, goods, and services. Tract 16072 is a conventional suburban design with long perimeter walls, discontinuous cul-de-sac street patterns, long block lengths, single building and housing types, and lack of walking or biking access to parks, schools, goods, and services and represents an approach that the General Plan discourages. LC-4.13 Neighborhood Edges. Encourage neighborhood edges along street corridors to be characterized by active frontages, whether single-family or multifamily residential, or by ground floor, neighborhood-service non- residential uses. Where this is not possible due to existing development patterns or envisioned streetscape character, neighborhood edges shall be Tract 16072 would not provide for neighborhood edges along street corridors with active frontages. The neighborhood edges are characterized by long walls with landscaping without any midblock access points. PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 8 designed based on the following policies: • Strongly discourage the construction of new gated communities except in Semi-Rural Neighborhoods. • Allow the use of sound walls to buffer new neighborhoods from existing sources of noise pollution such as railroads and limited access roadways. Consider sound walls as sites for public art. • Prohibit the use of sound walls to buffer residential areas from arterial or collector streets. Instead design approaches such as building setbacks, landscaping and other techniques shall be used. • In the case where sound walls might be acceptable, require pedestrian access points to improve access from the Neighborhoods to nearby commercial, educational, and recreational amenities, activity centers and transit stops. • Discourage the use of signs to distinguish one residential project from another. Strive for neighborhoods to blend seamlessly into one another. If provided, gateways should be landmarks and urban design focal points, not advertisements for home builders. LC-6.2 Small Scale Centers. Support one or more very small- scale Centers on well-located under-developed parcels within walking, biking, or horseback riding distance of neighborhoods in Alta Loma and Etiwanda. Neighborhood centers were always envisioned in the Etiwanda area in previous General Plans and Specific Plans within or adjacent to this tract. Tract 16072 does not provide any small-scale centers that would help meet this policy and increase amenities in northern Etiwanda. OS-1.1 Equitable Access to Parks. Strive to ensure that at least one park or other public open space is within safe, comfortable walk from homes and jobs, without crossing major streets except at signalized Tract 16072’s current design does not provide open space or parks for new homes. While the broader plan intends to use the existing fault zone as open space, the cul-de-sac circulation and the lack of adequate PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 9 crossings. Equitable access to parks should be determined based on the fundamental character of the place (rural, suburban, urban) and corresponding transportation infrastructure. pedestrian circulation throughout the site will make it challenging to reach the common area without the use of a car or without having to take a more circuitous route by walking. OS-1.5 Design for Safety. Require the use of Crime Prevention Through Environmental Design (CPTED) design techniques such as providing clear lines of sight, appropriate lighting, and wayfinding signs to ensure that parks are safe and easy to navigate. While Tract 16072 does not provide any open space, it is designed to abut an open space feature. The homes proposed for this edge are not designed with CPTED best practices. Rather, the new homes would turn their backs to the open space and not provide eyes on the space. OS-1.6 New Development. Ensure that new residential and nonresidential developments provide adequate on-site recreational and open space amenities consistent with applicable General Plan Designations, and the needs of new development. As discussed above Tract 16072 does not provide open space. The larger project does but not in a manner laid out in the General Plan. MA-2.3 Street Design. Implement innovative street and intersection designs to maximize efficiency and safety in the city. Use traffic calming tools to assist in implementing complete street principles. Possible tools include roundabouts, curb extensions, high visibility crosswalks, and separated bicycle infrastructure Tract 16072 does not implement any innovative street and intersection designs as required by this policy. MA-2.4 Street Connectivity. Require connectivity and accessibility to a mix of land uses that meets residents’ daily needs within walking distance. Tract 16072 does not provide connectivity, accessibility, or a land use mix that would assist residents with meeting their daily needs within walking distance. MA-2.10 Block Pattern. Require development projects to arrange streets in an interconnected block pattern, so that pedestrians, bicyclists, and drivers are not forced onto arterial streets for inter- or intra- neighborhood travel. Tract 16072 arranges streets in a discontinuous cul-de-sac-based block pattern that concentrates travel to two access points and is inconsistent with this policy. MA-5.1 Land Use Supporting Reduced VMT. Work to reduce VMT through land use planning, While Tract 16072 was evaluated under CEQA prior to requirements for evaluating VMT and no tract- PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 10 enhanced transit access, localized attractions, and access to non- automotive modes. specific analysis was prepared, the City has found that traditional development patterns as envisioned and described by the General Plan can reduce VMT by up to 15% below VMT levels of conventional suburban designs such as Tract 16072. H-1.1 RHNA Requirement. Encourage the development of a wide range of housing options, types, and prices that will enable the City to achieve its share of the RHNA . Tract 16072 does not provide a meaningful range of housing types, options, or affordability. RC-1.6 Hillside Grading. Grading of hillsides shall be minimized, following natural landform to the maximum extent possible. Retaining walls shall be discouraged and if necessary screened from view. Tract 16072 relies on a mass grading approach and does not follow the natural landform to any great degree, resulting in large fill slopes on Wilson Avenue and East Avenue. S-3.2 Fire Protection Plans. All new development, redevelopment, and major remodels in the WUIFA will require the preparation of Fire Protection Plans (FPPs) to reduce fire threat, in accordance with Fire District policies and procedures Tract 16072 does not have a current Fire Protection Plan that reflects current Fire District policies and current best practices. Additionally, the 2014 Fire Protection Plan has not been analyzed or updated against State policies, requirements, or best practices. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 4 above, the Planning Commission hereby denies 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 26TH DAY OF JANUARY 2022. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bryan Dopp, Chairman PLANNING COMMISSION RESOLUTION 22-03 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC JANUARY 26, 2022 Page 11 ATTEST: Matthew R. Burris, AICP, LEED AP, Secretary I, Matthew R. Burris, AICP, LEED AP, 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 26th day of January, 2022, by the following vote- to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: