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Home My WebLink About87-521 - Resolutions RI~OLUTION NO. 87-521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO OJCAMONGA, CALIFORNIA, APPROVIN~ A REQUEST FOR A TENTATIVE TRACT MAP, NUMBER 13476, TO PERMIT A (~JSTOM LOT RESIDENTIAL SUBDIVISION ON 9.7 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT AND LOCATED ON THE NORTHEAST CORNER OF HELLMAN AVENUE AND TRYON STREET. RAN(~O ~3CAMOM~A. AND MAKING FINDINGS AND SUPPORT THEREOF A. RECITALS. (i) LOU BERKOWITZ, on behalf of West Venture Development Company, has filed an application for approval of Tentative Tract Map, Number 13476, · described above in the title of this Resolution. Hereafter in this Resolution, ~he subject Tentative Tract Map request is referred to as "the Tentative Tract." (ii) On June 10, 1987, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the Tentative Tract and, fo11~ing the conclusion of said hearing, adopted their Resolution No. 87-92 thereby approving the Tentative Tract. (iii) The applicant has fi/ed a timely appeal of the Tentative Tract approval represented in said Resolution No. 87-92 on the basis of three (3) Conditions contained in said Resolution. The Conditions appealed are described as follows: a. The requirement that the developer preserve an existing magnolia tree (Condition No. 6 - Planning Division) I b. The requirement that the developer underground the existing overhead utilities along the project frontage on Hellman Avenue (Condition No. 1 - Engineering Division): and c. The requirement that the developer construct the finish floor elevations of the lots located on Hellman Avenue above ~he one hundred (100) year flood level (Condition No. 4 - Engineering Division). (iv) On September 16, 1987. ~he City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the appeal of the Tentative Tract and, on said date, concluded the public hearing. (v) All legal prerequisites to the adoption of this Resolution have occurred. Resolution No. 87-521 Page 2 B. RESOLUTION NC~, THEREFORE, it is 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. 2. This Council hereby finds and certifies that the proj act has been rev iewed and considered in compl iance with the Cal ifornia Environmental Quality Act of 1970 and concurs with the issuance of the mitigated Negative Declaration issued on June 10, 1987. 3. Based upon the substantial evidence presented to this Council during the above-referenced September 16, 1987, hearing, including written staff reports. the minutes of the above-referenced June 10, 1987. Planning Commission meeting and the contents of Planning Commission Resolution No. 87-92, this Council specifically finds as follows: a. The Tentative Tract applies to property located on the northeast corner of Hellman Avenue and Tryon Street within the low residential district and is currently vacant and unimproved; b. The property to the north, east, south, and west of the subj act site is within the low residential district and is currently improved with residential dwellings. c. The Tentative Tract contemplates the subdivision of the subj act site into thirty-seven (37) custom residential lots. Such a subdivision as contemplated is permitted within the low residential district and such a d~elling unit density as contemplated is permitted pursuant to the density standards of the Developsent Code of the City of Rancho Cucamonga; d. The requirement of Planning Commission Resolution No. 87-92 that the Developer preserve an existing magnolia tree (Condition No. 6 Planning Division) continues to be an important and necessary condition in furtherance of the granting of the subject Tentative Tract application. The requirement is consistent with the intent of the tree preservation Ordinance No. 276 and is considered significant to maintain the historical character of the City. e. The requirement of Planning Commission Resolution No. 87-92 that the Developer underground the existing Resolution No. 87-521 Page 3 overhead util ities along the project frontage on Hellman Avenue (Condition No. I - Engineering Division) is modified to require the payment of one-hal f in-lieu fees in accordance with standard policy as suggested by the Developer, because (1) the utilities offsite from the project site will not be undergrounded in the foreseeable future since the adjacent properties are already developed, (2) it is unlikely that the Developer will be able to recover reimbursements from future develo~nents for one-helf the cost the undergrounding, and (3) the undergrounding requirement would place an undue hardship on the current property o~ner. f. Tae requirement of Planning Commission Resolution No. 87-92 that the Developer construct the finish floor elevations of the lots located on Hellman Avenue above the one hundred (100) year flood level (Condition No. 4 - Engineering Division) continues to be an important and necessary condition in furtherance of the granting of the subject Tentative Tract appl ication. The requirement is mandated by City Ordinance No. 240 based upon Federal Emergency Management A~ency regulations and is considered essential to protect the future homes from flood waters. g. The subdivision request as specified in the Tentative Tract will not contradict the goals or objectives of the General Plan or Development Code of the City of Rancho Cucemonga and would not promote a detrimental condition to the persons and properties in the immediate vicinity of the subject site. 4. Based upon the substantial evidence presented to this Council during the above-reference public hearing and upon the specific findings of facts set forth in paragraphs 1, 2 and 3 above, this Council hereby finds and concludes as follows: a. The Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho Cucamonga; b. The design or improvements of the Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho Cucemon~a; c. The subject site is physically suitable for the ~ype of development proposed; d. The design of the proposed subdivision is not likely to cause substantial environmental damage or avoidable injury to humans or wi/dlife or their habitat; Resolution No. 87-521 Page 4 e. The Tentative Tract is not likely to cause serious health problens~ and f. The design of the Tentative Tract will not conflict with any easement acquired by the public at large, now of record. for access through or use of the property within the proposed subdivision. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3 and 4 above, this Council hereby approves the Tentative Tract subject to all of the Conditions set forth in Planning Commission Resolution No. 87-92 (a copy of which is attached hereto and marked as Exhibit "A") with the specific exception that Condition No. I - Engineering Division shall be replaced to read as follows: a. An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (electrical and telecommunications) located on the project (east) side of Hellman Avenue shall be paid to the City prior to recordation of the Final Map. The fee shall be one-half the City adopted .unit amount times the length from the centerline of Tryon Street to the north project boundary. 6. This Council hereby provides notice to LOU BERKOWITZ as a general partner with West Venture Development Company. that the time within which judicial review of the decision represented by ~his Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit certified copy of this Resolution, by Certified Mail, Return Receipt Requested, to LOU BERKOWITZ at his address as per City records. PASSED, APPROVED. and ADOPTED this 7th day of October, 1987. AYES: Brown. Burner, Stout, King. Wright NOES: None ABSENT: None Dennis L. Stout, Mayor Resolution No. 87-521 Page 5 ATTE8 T: Beverly f Au~eidt, City Cler~ I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, 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 7th day of October, 1 987. Executed this 8th day of October, 1987 at Rancho Cucamonga, ifornia. y A. Authelet, City Clerk~