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HomeMy WebLinkAbout88-200A - Resolutions RESOLUTION NO. 88-200A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING A CONDITION OF APPROVAL FOR TENTATIVE TRACT 13527, A RESIDENTIAL SUBDIVISION OF 231 SINGLE FAMILY LOTS ON 108.48 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) , LOCATED AT THE NORTHWEST CORNER OF ETIWANDA AVENUE AND 24TH STREET - AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-071-65 A. Recitals. (i ) On September 28, 1988, the Planning Commission adopted Resolution No. 88-200, thereby approving, subject to specified conditions, Tentative Tract 13527. (ii ) On August 1, 1990, a request was filed by Watt Inland Empire, Incorporated, to modify the condition of approval requiring the interim drainage protection facilities to be maintained by a Homeowners Association. (iii ) On September 12, 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. (iv) 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 September 12, 1990, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The modification request applies to property located at the northwest corner of Etiwanda Avenue and 24th Street within the Low Residential District (2-4 dwelling units per acre) ; and (b) The property to the north is Low Residential with an approved tentative tract 14139 (vacant), to the east is a County R-2 zone (vacant) , to the south is Very Low Residential with a partially constructed tentative tract 12659, and to the west is Open Space; and (c) The revised wording of Condition No. 15 does not alter the general intent of the original condition, but does allow the Developer flexibility in providing maintenance for interim drainage facilities. PLANNING COMMISSION RESOLUTION NO. 88-200A TENT TR 13527 - WATT INLAND EMPIRE SEPTEMBER 26, 1990 PAGE 2 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 paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the previously approved tentative tract is consistent with the General Plan and Development Code; and (b) That the proposed modification to tract will not cause inconsistencies with the General Plan and Development Code; and (c) That the proposed modification is not likely to cause public health or safety problems. 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 that a Negative Declaration was issued on September 28, 1988. 5. Based upon the findings and conclusions set forth in paragraph 1, 2, and 3 above, this Commission hereby modifies Resolution No. 88-200 by changing Condition No. 15 under Tentative Tract to read as follows: Interim drainage protection facilities shall be provided along the north project boundary. The design shall be justified by the final drainage study and approved by the City Engineer. A maintenance agreement shall be executed to the satisfaction of the City Engineer and the City Attorney guaranteeing private maintenance of the drainage protection facility by a Homeowners' Association or other entity approved by the City Engineer and City Attorney, but providing the City with the right-of-access to maintain the facility if private maintenance is insufficient and allowing the City to assess those costs to the Homeowners' Association or other approved entity. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF SEPTEMBER, 1990. PLANNING COp ISSION OF THE CITY OF RANCHO CUCAMONGA • / BY: S : . _2 Larry . McNiel , Chai an PLANNING COMMISSION RESOLUTION NO. 88-200A TENT TR 13527 - WATT INLAND EMPIRE SEPTEMBER 26, 1990 PAGE 3 �. r ATTEST: A�—ai(S,i`i�r :rad 1411 01 Slip' 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 September, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, WEINBERGER NOES: COMMISSIONERS : NONE ABSENT: COMMISSIONERS : NONE