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HomeMy WebLinkAbout00-19 - Resolutions RESOLUTION NO. 00-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING WITHOUT PREJUDICE DEVELOPMENT REVIEW 99-45 FOR TENTATIVE TRACT 15993, IN THE LOW-MEDIUM DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE VICTORIA COMMUNITY PLAN, LOCATED AT THE NORTHWEST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 227-091-21 THROUGH 24. A. Recitals. 1. Western Pacific Housing has filed an application for the Development Review of Tract 15993, 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 October 27, 1999, the Planning Commission of the City of Rancho Cucamonga continued the application at the request of the applicant. 3. On November 29, 1999, the Planning Division received a letter from the Department of Fish and Game, which raised issues related to endangered and threatened species. 4. On December 8, 1999, and on January 12, 2000, the Planning Commission of the City of Rancho Cucamonga continued the application at the request of staff in order to allow the applicant to respond to the issued raised by the Department of Fish and Game. The applicant has not submitted any new information in response. 5. On December 20, 1999, Agreement RA 99-08, with the City of Rancho Cucamonga's Redevelopment Agency for the purchase of the land from the Agency, expired; hence the applicant no longer has the property owner's authorization to process this application. 6. On February 9, 2000, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date. 7. 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 Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 Commission during the above-referenced public hearing on February 9, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at the northwest comer of Base Line Road and Day Creek Boulevard, with a street frontage of 685 feet on Base Line Road and 1,139 feet on Day Creek Boulevard and is presently vacant; and PLANNING COMMISSION RESOLUTION NO. 00-19 DR 99-45 - WESTERN PACIFIC HOUSING February 9, 2000 Page 2 b. The property to the north of the subject site is the Southern Pacific Railroad right-of-way, the property to the south is Base Line Road, the property to the west is the San Bernardino County Flood Control District land, and the property to the east is the future Day Creek Boulevard; and C. The project site has been identified as a potential habitat for the Federally listed endangered California Gnatcatcher and San Bernardino Kangaroo Rat, and it has not been demonstrated that the project will not have adverse impact on the habitat or endangered species. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The project may have adverse environmental impacts related to wildlife habitat; and b. The Tentative Tract application is incomplete for processing because 1) all environmental documents have not been completed as required by the California Environmental Quality Act, and 2) the property owner no longer authorizes this application. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby denies the application without prejudice. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: b1c arty T iel, Chairman ATTEST: Brad Bul retary Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of February 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY