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HomeMy WebLinkAbout87-82B - Resolutions RESOLUTION NO. 87-82B A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO TRACT NO. 13273 AND DESIGN REVIEW THEREOF, FOR A ONE-LOT SUBDIVISION ON 15.8 ACRES OF LAND IN THE MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) WITHIN THE TERRA VISTA PLANNED COMMUNITY, LOCATED ON THE SOUTHEAST CORNER OF MILLIKEN AVENUE AND MOUNTAIN VIEW DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-13 A. Recitals. ( i ) On May 22, 1987, this Commission adopted Resolution No. 87-82, thereby approving, subject to specified conditions, a one-lot subdivision for condominium purposes in the Medium-High Residential District (14-24 dwelling units per acre) of the Terra Vista Planned Community. (ii) On February 8, 1990, this Commission adopted Resolution No. 87-82A, thereby approving a modification to Condition No. 11 . ( iii ) Planning Division Condition No. 11, as amended, states that: The greenway sidewalk system within the YMCA park site shall be constructed and landscaped from the walkway, northerly to the tract boundary for the length of the south property line, prior to release of occupancy for 50% of the units within Tract 13273." (iv) Lewis Homes has filed a request for the modification to the amended Condition No. 11 of Tract 13273 as described in the title of this Resolution. (v) On July 11 , 1990, the Planning Commission denied said request. (vi ) On July 30, 1990, the applicant requested reconsideration of the denial vote by the Planning Commission. (vii ) On August 22, 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. fv 1 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: PLANNING COMMISSION RESOLUTION NO. 87-82B MODIFICATION TO TT13273 - LEWIS HOMES August 22, 1990 "age 2 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 August 22, 1990, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at the southeast corner of Milliken Avenue and Mountain View Drive with a street frontage of 634.00 feet along Milliken Avenue and 654.50 feet along Mountain View Drive and is presently improved and under construction; and (b) The property on all sides of the subject site is vacant land; and (c) The applicant desires to construct the Greenway Trail concurrently with the YMCA park site which is adjoining the trail . (d) The Greenway Trail does not exist east or west of the subject property. (e) The apartment units can be released as work progresses on the Greenway Trail and Milliken Park. 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 request is consistent with the General Plan, Development Code, and Terra Vista Community Plan; and (b) The design or improvements of the Tentative Tract is consistent with the General Plan, Development Code, and Terra Vista Community Plan; and (c) The site is not affected by the applicant' s request, in that the condition pertains to off-site improvements; and (d) The request is not likely to cause substantial environmental damage or avoidable injury to humans and wildlife or their habitat; and (e) The request is not likely to cause serious public health problems; and (f) The design of the tract does 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. PLANNING COMMISSION RESOLUTION NO. 87-82B MODIFICATION TO TT13273 - LEWIS HOMES August 22, 1990 Page 3 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission issued a Negative Declaration on May 27 , 1987. 5. Based upon the findings and conclusions set forth in paragraphs 1 , 2, 3, and 4 above, this Commission hereby approves the application and modifies Tract 13273 by modifying Planning Division Condition No. 11 to read as follows: "The applicant shall construct and complete, in place, the Milliken Park and the adjoining portions of the Greenway Trail connecting to the east along Tract 13273' s southerly border and westerly to the West Greenway Park. Approval of utility connections to the remaining unoccupied units may be granted incrementally and in proportion to the extent of the completion of off-site development improvements (including Milliken Park and adjoining Greenway Trail connections to the east and west) . Upon the completion of the rough grading and storm drain at Milliken Park and the adjoining trail connections, the City Planner may release 72 units. At the completion of the hardscape, rough irrigation including mainlines, and all ancillary structures, the City Planner may release an additional 32 units. The balance of the remaining units (24) may be released for utility connections only after the completion of all development improvements, including the establishment period for landscaping and acceptance of the improvements by the City Council in accordance with the City Council Resolution No. 88-557 ." 6. All other conditions of Resolution 87-82 shall remain valid. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF AUGUST 1990. PLANNING COMM SION OF THE CITY OF RANCHO CUCAMONGA Q BY: C2 ic/L C Larr McNiel , Chairman I 04 _i ' ATTEST: 41 Br:d B ' - , Secreta y PLANNING COMMISSION RESOLUTION NO. 87-82B MODIFICATION TO TT13273 - LEWIS HOMES August 22, 1990 Page 4 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 22nd day of August 1990, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE