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HomeMy WebLinkAbout88-228B - Resolutions RESOLUTION NO. 88-228B A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA MODIFYING A CONDITION OF APPROVAL FOR CUP 88-35 FOR A CONCEPTUAL MASTER PLAN FOR A 10 ACRE NEIGHBORHOOD SHOPPING CENTER, INCLUDING SPECIFIC APPROVAL OF A 2. 9 ACRE PHASE I CONSISTING OF 13,024 SQUARE FEET OF RETAIL AND A 2,187 SQUARE FOOT SERVICE STATION ON LAND LOCATED ON THE NORTHWEST CORNER OF BASE LINE ROAD AND VICTORIA PARK LANE IN THE VICTORIA SPECIFIC PLAN (APN 227-111-28, 34, 35) A. Recitals. (1) On November 9, 1988, the Planning Commission adopted Resolution No. 88-228, thereby approving , subject to specified conditions, CUP 88-35, which provides for the development of 2.9 acres of land within the Victoria Specific Plan. (ii) On September 26, 1989, a request was filed by J.F. Davidson to modify the condition of approval requiring the undergrounding of utilities within the Old Base Line Road right-of-way. ( iii) On October 25 , 1989, and continued to November 29 and December 13, 1989, 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 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 hearings on October 25, November 29 and December 13, 1989, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows : ( a) The deletion of the requirement to underground the existing overhead utilities within the Old Base Line Road right-of-way from the Winery building to the east boundary of the property between Base Line Road and Old Base Line Road (APN 227-111-27) is consistent with current City policy. PLANNING COMMISSION RESOLUTION NO. 88-228B CUP 88-25 - J. F. DAVIDSON ASSOCIATES DECEMBER 13, 1989 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 paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: ( a) That conditional use permit is consistent with the General Plan, Development Code, and specific plans; and (b) The design or improvements of the conditional use permit is consistent with the General Plan, Development Code, and specific plans; and (c) The site is physically suitable for the type of development proposed; and (d) The design of the development is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and (e) The conditional use permit is not likely to cause serious public health problems ; and (f) The design of the conditional use permit will 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 development. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environnental quality Act of 1970 and that a Negative Declaration was issued on November 9, 1988. 5. Based upon the findings and conclusions set forth in paragraphs 1 , 2 , 3, and 4 above, this Commission hereby modifies Resolution No. 88-228 by changing condition No . 1 under Engineering Division to read as follows: The existing overhead utilities ( telecommunications and electrical) along the project's Base Line Road frontage shall be undergrounded from the first pole on the west side of the future cul-de-sac street along the project 's westerly boundary to the terminus pole offsite east of Victoria Park Lane , including the portions crossing and on the south side of Base Line Road except the portion from the existing Winery building to the east boundary of the Parcel between Base Line Road and the "Old" Base PLANNING COMMISSION RESOLUTION NO. 88-228B CUP 88-25 - J. F. DAVIDSON ASSOCIATES DECEMBER 13, 1989 PAGE 3 Line Road right-of-way (APN 227-111-27) prior to public improvenent acceptance or occupancy, whichever occurs first, for any parcel . The Developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street for u ndergrou nding in its ultimate location . 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER, 1989. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r • BY : AO sj Larry T McNiel , Chairman ATTEST: I%s al rl-J_ B .d B ' r, ec - ary 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 13th day of December, 1989, by the following vote-to-wit : AYES: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: CONPIISSIONERS: BLAKESLEY