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HomeMy WebLinkAbout90-21A - Resolutions RESOLUTION NO. 90-21A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING A CONDITION OF APPROVAL FOR TENTATIVE TRACT 13759, LOCATED ON THE WEST SIDE OF HAVEN AVENUE, NORTH OF THE SOUTHERN PACIFIC RAILROAD IN THE LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-301-17 A. Recitals. (i) On February 14, 1990, the Planning Commission adopted Resolution No. 90-21, thereby extending the approval and modifying the conditions of Tentative Tract 13759, which provides for the development of 56 single family lots on 14.01 acres of land within the Low Residential District. (ii) On September 30, 1991, a request was filed by Fu Mai Limited to modify the condition of approval requiring the Federal Emergency Management Agency approval prior to approval of the record map; (iii) On December 11 and continued to December 17, 1991, 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 December 17, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The requirement to have a Conditional Letter of Map Revision prior to Final Map approval is unnecessarily restrictive causing an unreasonable hardship for the Developer. 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 requirement to obtain a Conditional Letter of Map Revision can be deferred until after Final Map approval. PLANNING COMMISSION RESOLUTION NO. 90-21A TENT TR 13759 - FU MAI LIMITED December 17, 1991 Page 2 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby modifies Resolution No. 90-21 by changing condition No. 6 under Tentative Tract to read as follows: 6) It shall be the developer's responsibility to have the current FIRM Zone A designation removed from the project area. The developer's Engineer shall prepare all necessary reports, plans, hydrologic/hydraulic calculations, etc. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to the issuance of building permits, except building permits may be issued for model homes, subject to occupancy restrictions to the satisfaction of the City Engineer and City Attorney. A Letter of Map Revision (LOMB) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. This condition shall apply to any phase of the project affected by a Zone A designation. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 1991. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA BY: Se- Larry k -r- iel, Chai u_n "Aget, ATTEST: AiLledigag :rad We 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 17th day of December 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE