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HomeMy WebLinkAbout99-65A - Resolutions RESOLUTION NO. 99-65A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DELETING A CONDITION OF APPROVAL FOR TENTATIVE TRACT 16026, LOCATED WEST SIDE OF AMETHYST STREET, NORTH OF VALLEY VIEW STREET-AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1061-401-03. A. Recitals. 1. On July 14, 1999, the Planning Commission adopted Resolution No. 99-65, thereby approving, subject to specified conditions, Tentative Tract No. 16026, which provides for the development of 18 single family lots on 11.3 acres of land within the Very Low Residential District. 2. On April 26,2000,a request was filed by Mighty Development Inc.to modify the condition of approval requiring the construction of the Community Trail along Amethyst Street from the southeast corner of the tract south to Valley View Street. 3. On June 14, 2000, 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. 4. 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 the substantial evidence presented to this Commission during the above- referenced public hearing on June 14, 2000, 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 west side of Amethyst Street,north of Valley View Street with a street frontage of 666.51 feet and lot depth of 858.33 feet and is presently unimproved; and b. The properties to the north and west are vacant and are a part the San Bernardino Flood Control Channel, the properties to the south and east consists of single family homes; and c. The Tentative Tract was approved by the Planning Commission on July 14, 2000, for the subdivision of 18 single family lots; and d. The applicant is requesting that the Planning Commission delete Engineering Division Condition of Approval no. 10 of Resolution 99-65, regarding the extension of the Amethyst Community Trail south from the southeast corner of Tentative Tract 16026 to Valley View Street; and PLANNING COMMISSION RESOLUTION NO. 99-65A MOD. TO TT 16026 —AMETHYST ESTATES, L.P. June 14, 2000 Page 2 • e. The developer's request to delete the condition of approval is due to the concerns raised by Mr. and Mrs. Parlier, regarding the potential flood risk and loss of privacy due to their narrow side yard. In addition,with the extension of the Regional Trail, around the Demens Basin to Amethyst Street set to go forward, the need to continue the Community Trail south to Valley View Street is no longer a priority; and f. The Trails Advisory Committee(Buller, Dickey, Rabone, Stewart)on March 8,2000 and on May 10, 2000, reviewed the request to delete the construction of the Amethyst Community Trail south form the southeast corner of Tentative Tract 16026 to Valley View Street and recommended that the developer(Amethyst Estates L.P)be relieved of constructing the Amethyst Community Trail off-site south to Valley View Street. 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 modification is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the tentative tract modification is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The tentative tract modification is not likely to cause substantial environmental damage and avoidable injury to humans or wildlife or their habitat; and e. The tentative tract modification is not likely to cause serious public health problems; and f. The modification 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. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as amended, and that a Mitigated Negative Declaration was issued on July 14, 1999. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby modifies Resolution No. 99-65 by deleting Condition No. 10 in its entirety under the Engineering Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JUNE 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 99-65A MOD. TO TT 16026 —AMETHYST ESTATES, L.P. June 14, 2000 Page 3 ��A I BY: • Lar , T. McNiel, Chairman ATTEST: Brad :!!rr, Secre'Tr 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 14th day of June 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE