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HomeMy WebLinkAbout98-179 - ResolutionsRESOLUTION NO. 98-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION DETERMINATION THAT NO SUBSEQUENT ENVIRONMENTAL REVIEW IS NECESSARY FOR DEVELOPMENT REVIEW 98-13 FOR FINAL TRACT NO. 1477'1, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-51'1-27 THROUGH 31 AND 1074-621-01 THROUGH 35. RECITALS. 1. The Heights at Haven View Estates, LLC., filed an application for Development Review 98-13, 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 August 12, 1998, the Planning Commission of the City of Rancho Cucamonga reviewed the application and, following the conclusion of their review, adopted Resolution Nos. 98-55 and 98-56 thereby approving said application. 3. The decisions represented by said Planning Commission Resolutions were timely appealed to this Council. 4. On September 16, and November 18, 1998, the City Council of the City of Rancho Cucamonga conducted a public hearing on the application. 5. 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 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. Resolution No. 98-179 Page 2 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on September 16, 1998, including, but not limited to, written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution Nos. 98- 55 and 98-56, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located at the northeast corner of Tackstem Street and Ringstem Drive with a street frontage of 1,020 feet along Tackstem Street and 1,360 feet along Ringstem Drive and which is presently vacant; and b. The property is bordered on the north by property owned by the City of Los Angeles Department of Water and Power, on the east by property owned by the San Bernardino County Flood Control District, and the properties to the south and west consist of vacant and developed single family residential land; and c. The application contemplates the construction of 40 single family homes on 25.35 acres of land which is consistent with the Very Low Residential land use designation of the General Plan; and d. On November 14, 1990, the Planning Commission approved Tentative Tract 14771 and issued a Negative Declaration. e. On October 15, 1997, the City Council approved Final Map 14771. 3. This Council hereby finds that the environmental materials presented and environmental concerns raised at the hearing on this design review matter did not relate to the discretionary matter before the Council, the lot-specific design of the residences in question. 4. Based upon the substantial evidence presented to this Council during the above- referenced public hearing, this Council further finds that, in any event, none of the criteria in Section 15162 of the California Environmental Quality Act Guidelines requiring subsequent environmental review exist or are present with respect to the Council's action on the Development/Design Review application. 5. 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 John Allday from The Heights at Haven View Estates; Malissa McKeith from the law office of Loeb and Loeb, representing Cucamongans United for Reasonable Expansion; and Jack Rubens from the law office of Shepard, Mullin~ Richter and Hampton, representing the Haven View Estates Homeowners' Association and Rancho Cucamonga V- Haven View Homeowners' Association, at the address identified in City records. Resolution No. 98-179 Page 3 ATTEST: PASSED, APPROVED, AND ADOPTED this 18th day of November, 1998. AYES: Alexander, Curatalo Williams NOES: None ABSENT: None ABSTAINED: Biane, Dutton William J. r, M~yor Debra J. Adam~, CMC, City Clerk 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 18th day of November, 1998. Executed this 19th day of November, 1998, at Rancho Cucamonga, California. Debra J. Adams,~MC, City Clerk