Loading...
HomeMy WebLinkAbout90-106 - Resolutions RESOLUTION NO. 90-106 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME EXTENSION AND MODIFYING THE CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. 88-03, THE DEVELOPMENT OF 20 APARTMENT UNITS ON 1 .08 ACRES OF LAND IN THE MEDIUM HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) LOCATED AT THE END OF SIERRA MADRE AVENUE, WEST OF EDWIN STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-251-22. A. Recitals ( i ) A.E. Smith has filed an application for the extension of Design Review No. 88-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application." (ii) On June 22, 1988, this Commission adopted its Resolution No. 88-117 , thereby approving, subject to specific conditions and time limits, Design Review No. 88-03. (iii) On August 17, 1988, the City Council adopted Resolution No. 88-05 , thereby approving, subject to all specific conditions and time limits set forth in Planning Commission Resolution No. 88-117 , Design Review 88-03. (iv) On June 28, 1990, the applicant filed a request for a 12-month time extension. (v) On the 8th of August, 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: 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, including written and oral staff reports, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 90-106 DR 88-03 - A.E. SMITH AUGUST 8, 1990 Page 2 (a) The previously approved Design Review is in substantial compliance with the City' s current General Plan, Specific Plans, Ordinances, Plans , Codes, and Policies; and (b) The extension of the Design Review will not cause significant inconsistencies with the current General Plan, Specific Plans, Ordinances, Plans, Codes, and Policies; and (c) The extension of the Design Review is not likely to cause public health and safety problems; and (d) The extension is within the time limits prescribed by state law and local ordinance. (e) The previously approved Design Review is not consistent with Urgency Ordinance No. 395 pertaining to the evaluation of adequate school facilities for the proposed residential development. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Planning Commission Resolution No. 88-117 . (a) All conditions of approval , as contained in Planning Commission Resolution No. 88-117, shall apply except where modified herein. (b) Approval shall expire on August 17, 1991 , if building permits have not been issued, unless extended by the Planning Commission. (c) Prior to the issuance of building permits, the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community Facilities District pertaining to the project site to provide, in conjunction with the applicable School District, for the construction and maintenance of necessary school facilities. However, if any School District has previously established such a Community Facilities District, the applicant shall , in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the issuance of building permits. PLANNING COMMISSION RESOLUTION NO. 90-106 DR 88-03 - A.E. SMITH AUGUST 8 , 1990 Page 3 Further, if the affected School District has not formed a Mello-Roos Community Facilities District within 12 months of the date of approval of the time extension and prior to the recordation of the Final Map or issuance of building permits for said project, this condition shall be deemed null and void. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST, 1990. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Al A BY: a arry T IcNiel , ' a man ATTEST: / WarWy 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 8th day of August, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY, WEINBERGER NOES: COMMISSIONERS : NONE ABSENT: COMMISSIONERS: CHITIEA