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HomeMy WebLinkAbout94-057 - ResolutionsRESOLUI~ONNO. 94-057 A RESOLUTION OF THE CITY CO~NC/~ OF THE CITY OF RAN(~O (/3CAMDNC4%, CALIFORNIA, APPROVING A RM~JEST TO ~DDIFY A (I~qD~ON OF APPROVAL FOR T~I~CATIVE PARCEL MAP 12877, TO THE r.TNIITS OF THE PRO3ECT SITE, ~ ON THE NORI~ SIDE OF }n~.L~IDE ROAD, FAST OF MOC~glDNE AVf~3E ~ ~ VERY LOW (T.MRS THAN 2 DW~.LTNG L~qITS P~ ACRE) THEREOF - APN 1061-251-24 Pmcitals. (i) An application has been sukmitted to the City of Rancho Cucamonga by Dr. Irwin B. Golden (hereinafter "applicant") for a subdivision of 3.28 acres of land into 2 parcels on the north side of Hillside Road, east of Moonstone Avenue, hereinafter referred to as "the application." (ii) On Dece~r~Der 9, 1992, the Planning Coi~,dssion conditionally approve Tentative Parcel Map 12877 with Resolution 92-145. (iii) On Jan,~ry 3, 1994, the applicant requested a modification to the condition of approval which requires ur~ounding of existing overhead utilities beyond the limits of the project site. (iv) On February 9, 1994, the Planning C~,,L~ssion heard the modification request and concluded said hearing on that date with a Resolution of Denial No. 94-06. (v) The Planning C~L,q,~ssion's action was timely appealed to t_his Council on FebInfamy 16, 1994. (vii) All legal prerequisites to the adoption of this Resolution B. Resolution. NOW, T~REFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. The Council hereby specifically finds that all the facts set forth in the R~citals, Part "A", of this Binsolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced meeting on March 16, 1994, including written and oral staff reports, this Council hereby specifically finds as follows: Resolution No. 94-057 Page 2 (a) The application applies to property located on the north side of Hillside Road east of Moonstone Avenue and contains the applicant's hc~e; (b) The property to the north of the subject site is vacant, the property to the south, east, and west of the site consists of single family residential; and (c) The tentative tk3rcel map contemplates the subdivision of the subject site into two (2) single family parcels, which is permitted within the Very Low Residential Development District. (d) Resolution No. 87-96 of the Planning C~mL,~ssion, which establishes policy for the undergrounding of existing overhead utilities, gives the Planning C~ml,]ssion authority to specifically waive a development from the requirements of said Resolution. (e) This specific situation was not contemplated estm_blishment of Planning C~m,~ssion Resolution No. 87-96. upon 3. Based upon the substantial evidence presented to this Council during the above-referencedmeetinganduponthe specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: (a) The requirement to underground utilities beyond the project boundaries, as outlined in Planning C~mdssion Resolution 92-145, is impractical for this specific situation. 4. Basedup on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby approves the applicant's request to modify Engi~ing Division condition Number 7 of R~solution 92-145 to read as follows: "The existing overhead utilities (teleo~m~nications and electrical) along the north property line of parcel 1 shall be undergrounded from the first pole east of Moonstone Avenue to the terminus about 135 feet east of Moonstone Avenue pri~r to approval of the Final Parcel Map." 5. This Council hereby provides notice to Dr. Irwin B. Golden that the time within which judicial review of the decision r~ by this Resolution must be sought is governed by the provisions of Califo~-~ia Code of Civil Procedure Section 1094.6. 6. The City Clerk 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 Dr. Irwin B. Golden at his address as per City records. Resolutic~ No. 94-057 Page 3 PASSED, ~, and ADOPl~Dthis 6thday of April, 1994. AYES: NOES: None ABS~T: Stout D~_hra J. Ad~ns, City Clerk Alexander, Buquet, Gutierrez, Williams I, DFRRAJ. ADAMS, CITY f~.k~K of the City of Rancho (1~~, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, california, at a regular meeting of said City Council held on the 6thday of April, 1994. Executed this 7thday of April, 1994, at RanchoCucamonga, california.