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HomeMy WebLinkAbout90-394 - Resolutions RESOLUTION NO. 90-394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 14866, A RESIDENTIAL SUBDIVISION OF 47 SINGLE FAMILY LOTS ON 8.7 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF LEMON AVENUE AND LONDON AVENUE IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) The Pennhill Company has filed an application for the approval of Tentative Tract Map No. 14866 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application". (ii) On the 11th of July, 1990, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. After considering all public testimony, the Planning Commission adopted its Resolution No. 90-95 approving the application. (iii) The decision represented by said Planning Commission Resolution was timely appealed to this Council by Biscayne Development, the owner of a parcel directly south of the project site. (iv) On October 3, 1990, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing to hear an appeal filed on the application and concluded said hearing on that date. (v) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resol uti on. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve 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. Based upon substantial evidence presented to this Council during the above-referenced public hearing on October 3, 1990, including written and oral staff reports, together wi th public testimony, this Council hereby specifically finds as follows: (a) The application applies to property located at southeast corner of Lemon Avenue and London Avenue with a Lemon Avenue street frontage of 628.35 feet and lot depth of 633.82 feet; and Resolution No. 90-394 Page 2 (b) The property to the north of the subject site contains single family homes, the property to the east and west is vacant; and (c) The property to the south, owned by the appellant, is an undeveloped strip of former railroad right-of-way measuring 44 feet wide by 635 feet long; and (d) The subdivision contemplates the development of 47 lots averaging 6,041 square feet in size; and (e) The development of 47 single family lots on 8.7 acres of land is consistent with the Low Medium Residential land use designation of the General Plan. (f) Sewer service for this tract necessitates a 20-foot sewer easement across the appellant's property to connect with an existing sewage line that was master planned to serve properties to the north. The Cucamonga County Water District's Board of Directors adopted its Resolution No. 1989-11-1 determining that public interest and necessity require acquisition of a pipeline easement through eminent domain proceedings at the time of construction of this project. 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 I and 2 above, this Council hereby finds and concludes as follows: (a) That tentative tract is consistent with the General Plan, Development Code, and specific plans; and (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; and (c) The site is physically suitable for the type of development proposed; and (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and (e) The tentative tract is not likely to cause serious public health problems; 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. Resolution No. 90-394 Page 3 4. This Council hereby finds and certifies that the project has been reviewed and considered in compliance wi th the California Environmental Quality Act of 1970 and, further, this Council concurs with the Negative Declaration issued on July 11, 1990. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application subject to each and every condition set forth below: Plannin9 Division 1) All conditions of approval as contained in Planning Commission Resolution No. 90-95 shall a ppl y. 6. This Council hereby provides notice to The Pennhill Company 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. 7. 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 The Pennhill Company at the address identified in City records. PASSED, APPROVED, and ADOPTED this 3rd day of October, 1990. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None Dennis L. Stout, Mayor ATTEST: Debra J. A-da~, City Cl'e~k- Resolution No. 90-394 Page 4 I, DEBRA J. ADAMS, 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 3rd day of October, 1990. Executed this 4th day of October, 1990 at Rancho Cucamonga, California. Deb~a J. Adam~/City Clerk ~