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HomeMy WebLinkAbout00-14 - Resolutions RESOLUTION NO. 00-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR THE EXTENSION OF PREVIOUSLY APPROVED TENTATIVE TRACT MAP NO. 14875 FOR THE DEVELOPMENT OF 36 CONDOMINIUM UNITS ON 3.56 ACRES OF LAND IN THE ,MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AVENUE AND CHURCH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-332-26. A. Recitals. 1. Modem Corporation has filed an application for the extension of the approval of Tentative Tract Map No. 14875, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 2. On January 9, 1991, this Commission adopted its Resolution No. 91-03, thereby approving the application subject to specific conditions and time limits, Tentative Tract No. 14875 and adopted its Resolution No. 91-04, thereby approving, subject to specific conditions and time limits, the related design review. The State of California, under SB 428 and AB 771, granted three years of automatic time extensions. In addition, the City of Rancho Cucamonga has granted four years of time extensions. The design review approval expired on January 9, 2000, and has no more time extensions available. 3. On the 26th day of January 2000, 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. 4. 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 January 26, 2000, including w6fien and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Tentative Tract Map is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Tentative Tract Map approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and C. The extension of the Tentative Tract Map approval is not likely to cause public health and safety problems; and d. The extension is within the time limits established by State law and local ordinance. PLANNING COMMISSION RESOLUTION NO. 00-14 TE FOR TT 14875 January 26, 2000 Page 2 3. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby grants a time extension for: Tentative Tract Applicant Expiration 14875 Modem Corp. January 9, 2001 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby modifies the conditions of approval contained in Resolution No. 91-03 to add the following: Planning Division 1) The applicant shall agree to defend, at his sole expense, any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees, may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate, at its own expense, in the defense of any such action but such participation shall not relieve the applicant of his obligations under this condition. PLANNING COMMISSION RESOLUTION NO. 00-14 TE FOR TT 14875 January 26, 2000 Page 3 Environmental Mitigation Measures Geologic 1) Recommendations of the geological report (ICG, July 10, 1990) for the site shall be implemented during planning, design, and construction. Water 1) The project will require construction of off-site drainage improvements and a final drainage report must be submitted prior to recordation of the final map. 2) The project will require construction of a 6-inch high concrete curb along the easterly right-of-way line of Archibald Avenue for flood control. Noise 1) A 7.5-foot sound barrier must be constructed around the perimeter of all buildings and a 5-foot sound wall must be constructed around balconies along Archibald Avenue. 6. The applicant is hereby notified that the related design review application expired on January 9, 2000 and no further time extensions are possible. Any development on this property shall require a new development/design review application to be processed in conformance with the standards of the Development Code. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY 2000. PLANNING COMMISSION OF THE \CITY OF RANCHO CUCAMONGA t BY: c L rry T. Niel, Chairman ATTEST: Brad B , Secref ry I, 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 26th day of January 2000, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 00-14 TE FOR TT 14875 January 26, 2000 Page 4 AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE