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HomeMy WebLinkAbout90-92 - Resolutions RESOLUTION NO. 90-92 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING 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 the 11th of July, 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. (vi ) 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. 90-92 MODIFICATION TO TT 13273 - LEWIS HOMES July 11, 1990 Page 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 July 11, 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. (c) That there are other options to get the required trail improvements, including an interim plan in which the improvements are made and a temporary irrigation connection is made. In this scenario, the final acceptance of the improvements would not be made until the entire park site is completed; and (d) That the greenway trail improvements could have been completed in conformance with Condition No. 11. Any hardship caused by delays were self-imposed by the applicant's decision to tie construction of the greenway trail to the YMCA park site contrary to the requirements of Condition No. 11; and (e) That the park/trail is an amenity which provides needed recreation facilities and aesthetic relief to the general vicinity, including screening of the enclosed garages which border the park site. 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 tract is not consistent with the General Plan, Development Code, and specific plans; and (b) The design or improvements of the tract is not consistent with the General Plan, Development Code, and Terra Vista Community Plan. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby denies the application. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 90-92 MODIFICATION TO TT 13273 - LEWIS HOMES July 11, 1990 Page 3 APPROVED AND ADOPTED THIS 11TH DAY OF JULY, 1990. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: �at, .' ,J/ ~ , / arr - a . rman ATTEST: G�`�� :ra,� '•r, y 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 11th day of July, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: WEINBERGER ABSENT: COMMISSIONERS: NONE