HomeMy WebLinkAbout94-051 - ResolutionsRESOLUTIONNO. 94-051
A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF ~
~ PIANNING OC~%~ISSION'S DECISIf~N TO D~Y A ~DDIFICATION
TO A C~qDITION OF APPROVAL FOR T~tTATIVE PARCEL MAP
12877, TO L~D~ THE EXISTING OV~HtEAD UT~.'rTIES
NO~H SIDE OF H~.LqIDE ROAD, FAST OF M00NSTONE AV~qUE
WITHIN THE ~ LOW (T~S THAN 2 DW~.LI~G L~riTS PER AC~E)
THEREOF - APN 1061-251-24
Recitals.
(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 December 9, 1992, the Planning Ccmmdssion conditionally
approve Tentative ParcelMap 12877 with Resolution 92-145.
(iii) On January 3, 1994, the applicant requested a modification to
the condition of approval which requires und~ of existing overhead
utilities beyond the limits of the project site.
(iv) On Feb~ry 9, 1994, the Planning C~mL,~ssion heard the
modification request and concl~_~?d said hearing on that date with a Resolution
of Denial No. 94-06.
(v) The Planning C~¥,~ssion's action was timely appealed to this
Council on February 16, 1994.
(vii)
have occurred.
All legal prerequisites to the adoption of this Resolution
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
City Council of the City of Rancho Oacan~nga as follc~s:
1. The Council hereby specifically finds that all the facts set forth in
the Recitals, Part "A", of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Council during
above-referenced meeting on March 16, 1994, including written and oral staff
reports, this Council hereby specifically finds as follows:
R~solution No. 94-051
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 parcel map contemplates the subdivision of the
subject site into two (2) single family parcels, which is permitted within the
Very Low Residential Develo[~ent District.
3. Based upon the substantial evidence presented to this Council during
the above-referencedmeetinganduponthe specific findings of facts set forth
follows:
a. That modification of the condition to require undergrounding
of utilities only within the project boundaries would not be consistent with
City policy as outlined in Planning C~im~.~ssion Resolution 87-96.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2,
and 3 above, this Council hereby denies the applicant's request to modify the
condition requ/ring the underground/ng of utilities.
5. ~Tis Council hereby provides notice to Dr. Irwin B. Golden 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 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 R~quested, to Dr. Irwin B. Golden
at his address as per City records.