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HomeMy WebLinkAbout97-119 - ResolutionsNOT APPROVED RESOLUTION NO. 97-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION APPROVING DEVELOPMENT REVIEW 97-11 FOR TRACT 14771, A REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1074-351-10 AND 1074-541-21. A. RECITALS. 1. Lauren Development has filed an application for Development Review 97-11 as described in the title of this Resolution. Hereinafter in this Resolution, the subject development review request is referred to as the "application." 2. On June 9, 1997, and July 11, 1997, the Planning Commission of the City of Rancho Cucamonga reviewed the application and, following the conclusion of their review, adopted Resolution No. 97-36 thereby recommending to this City Council that said application be approved. 3. The decision represented by said Planning Commission Resolution was timely appealed to this Council. 4. On August 20, 1997, the City Council of the City of Rancho Cucamonga conducted public hearing on the application and concluded said hearing on that date. 5. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. Resolution No. 97-119 Page 2 NOT APPROVED 2. Based upon substantial evidence presented to this Council during the above-referenced August 20, 1997, hearing, including written staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 97-36, this Council hereby specifically finds as follows: (a) The application applies to property located at the northeast corner of Tackstem Street and Ringstem Drive with a street frontage of 1,020 feet along Tackstem Street and 1,360 feet along Ringstem Ddve and is presently vacant; and (b) The property to the north of the subject site is a Los Angeles Department of Power and Light easement, the property to the south and west consists of vacant and developed single family residential land, and the property to the east is vacant flood control land; and (c) The application contemplates the construction of 40 single family homes on 25.35 acres of land which is consistent with the Very Low Residential land use designation of the General Plan; and (d) The proposal is in compliance with the objectives and requirements of the Hillside Development Regulations; and (e) The project, with the recommended conditions of approval, complies with all development standards of the City of Rancho Cucamonga. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed design is in accord with the objectives of the Development Code and the purposes of the distdct in which the site is located; and (c) That the proposed design is in compliance with each of the applicable provisions of the Development Code; and (d) That the proposed design, 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; and NOT APPROVED Resolution No. 97-119 Page 3 (e) Based upon substantial evidence provided to the City Council it is hereby found that none of the criteria found in Section 15162 of the California Environmental Quality Act guidelines requiring subsequent environmental review exists or are present. 4. The City Council of the City of Rancho Cucamonga hereby approves the application. 5. This Council hereby provides notice to Malissa McKeith, from the law office of Loeb and Loeb, representing Cucamongans United for Reasonable Expansion and Mindy Sheps from the law office of Wolf, Rifkin and Shapiro, representing the Rancho Cucamonga V-Haven View Estates Homeowners Association, that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Malissa McKeith, from the law office of Loeb and Loeb, representing Cucamongans United for Reasonable Expansion and Mindy Sheps from the law office of Wolf, Rifkin and Shapiro, representing the Rancho Cucamonga V-Haven View Estates Homeowners Association, at the address identified in City records.