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HomeMy WebLinkAbout91-01 - Resolutions RESOLUTION NO. 91-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TIME EXTENSION FOR VESTING TENTATIVE TRACT NO. 13945, FOR 35 SINGLE FAMILY LOTS ON 15 ACRES OF LAND, IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN LOCATED ON THE SOUTH SIDE OF HIGHLAND AVENUE , EAST OF EAST AVENUE , AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-071-18. A. Recitals. (i ) Citation Homes has filed an application for the extension of Vesting Tentative Tract No. 13945 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 December 14, 1988, this Commission adopted its Resolution No. 88-238, thereby approving, subject to specific conditions and time limits, Vesting Tentative Tract No. 13945, and issued a Negative Declaration. (iii ) On May 9, 1990, this Commission adopted its Resolution No. 90- 56, thereby approving, modification to Engineering Division Condition No. 7, as contained in Resolution No. 88-238. (iv) On October 10, 1990, the applicant filed a request for a twelve month Time Extension. (v) On January 9, 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. (vi ) All legal prerequisites prior to the adoption of this Resolution have ocurred. 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 January 9, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 91-04 TT 13945 - CITATION January 9, 1991 Page 2 (a) The application applies to property located on the south side of Highland Avenue, east of East Avenue, with a Highland Avenue Street frontage of 990 feet, and is presently vacant. (b) Directly north of the project site is Highland Avenue, the property to the south contains single family homes and is zoned Low Residential , the property to the east is vacant and is zoned Low Residential , the property to the west contains one single family home and is zoned Low Residential . (c) The subject property is located within the Chaffey Joint Union High School District, which said District has given written input of their impaction to the City pursuant to Urgency Ordinance No. 395 . 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 the tentative tract is consistent with the General Plan, Development Code, and specific plans; and (b) The design or improvements of the tentative tract are 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 subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and (e) The tentative tract is not likely to cause serious public health problems; and (f) The design of the tentative tract 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 subdivision. 4. Based upon the findings and conclusions set forth in paragraphs 1 , 2, and 3 above, this Commission hereby approves the Time Extension subject to each and every condition set forth below and incorporated herein by this reference. (1) All Conditions of Approval , as contained in Planning Commission Resolutions No. 88-238 and 90-56, shall apply except where modified herein. PLANNING COMMISSION RESOLUTION NO. 91-01 TT 13945 - CITATION January 9, 1991 Page 3 (2) Approval shall expire on December 14, 1991, unless extended by the Planning Commission. (3) Prior to the recordation of the final map or the issuance of building permits, whichever comes first, 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 Chaffey Joint Union High School District, for the construction and maintenance of necessary school facilities. However, if the 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 recordation of the final map or the issuance of building permits, whichever comes first. Further, if the Chaffey Joint Union High School District has not formed a Mello-Roos Community Facilities District within twelve (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. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY, 1991 . PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: I/... . arr, ?' oeir ATTEST: Stavi (�//` Bras Buirr, ry I , ;rad 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 9th day of January 1991, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL. MELCHER. TOLSTOY. VALLETTE NOES : COMMISSIONERS : NONE ABSENT: COMMISSIONERS: CHITIEA