HomeMy WebLinkAbout99-25 - Resolutions RESOLUTION NO. 99-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR
THE EXTENSION OF THE PREVIOUSLY APPROVED TENTATIVE
TRACT MAP NO. 14055, AND MODIFYING THE CONDITIONS OF
APPROVAL THEREOF, FOR THE DEVELOPMENT OF 115
CONDOMINIUM UNITS ON 10.27 ACRES OF LAND IN THE MEDIUM
RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE),
LOCATED NORTH OF ARROW HIGHWAY ON THE EAST SIDE OF
BAKER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 207-201-12 AND 32.
A. Recitals.
1. Modern Corporation has filed an application for an extension of the approval of
Tentative Tract Map No. 14055, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the
application."
2. On February 8, 1989, this Commission adopted its Resolution No. 89-26, thereby
approving, subject to specific conditions and time limits, Tentative Tract No. 14055.
3. On March 27, 1991, this Commission adopted its Resolution No. 89-26A, thereby
modifying, subject to specific conditions and time limits, Tentative Tract 14055.
4. On April 14, 1999, 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.
5. 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 April 14, 1999, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The previously approved Tentative Tract Map is in substantial compliance with
the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and
b. The extension of the Tentative Tract Map approval will not cause significant
inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and
policies; and
PLANNING COMMISSION RESOLUTION NO. 99-25
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April 14, 1999
Page 2
c. The extension of the Tentative Tract Map approval is not likely to cause public
health and safety problems; and
d. The extension is within the time limits established by State law and local
ordinance.
3. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment
for the application, the Planning Commission finds that there is no substantial evidence that the
project will have a significant effect upon the environment and adopts a Mitigated Negative
Declaration based upon the findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines
promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the Planning Commission; and, further, this
Commission has reviewed and considered the information contained in said Mitigated Negative
Declaration with regard to the application.
b. That, based upon the changes and alterations which have been incorporated into
the proposed project, no significant adverse environmental effects will occur.
c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code
of Regulations, the Planning Commission finds as follows: In considering the record as a whole,
the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the
proposed project will have potential for an adverse impact upon wildlife resources or the habitat
upon which wildlife depends. Further, based upon substantial evidence contained in the Mitigated
Negative Declaration, the staff reports and exhibits, and the information provided to the Planning
Commission during the public hearing, the Planning Commission hereby rebuts the presumption
of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,
this Commission hereby grants a time extension for:
Tentative Tract Map Applicant Expiration
14055 Modern Corporation March 25, 2000
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby modifies the conditions of approval contained in Resolutions No. 89-26
and 89-26A and the Standard Conditions, attached thereto and incorporated therein, to read as
follows:
Planning Division
1) Pursuant to provisions of California Public Resources Code Section
21089(b), this application shall not be operative, vested, or final nor
will building permits be issued or a map recorded, until 1) the Notice
PLANNING COMMISSION RESOLUTION NO. 99-25
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April 14, 1999
Page 3
of Determination (NOD) regarding the associated environmental
action is filed and posted with the Clerk of the Board of Supervisors
of the Count of San Bernardino; and 2)any and all required filing fees
assessed pursuant to California Fish and Game Code Section 711.4,
together with any required handling charges, are paid to the County
Clerk of the County of San Bernardino. The applicant shall provide
the Planning Division with a stamped and conformed copy of the NOD
together with a receipt showing that all fees have been paid.
Environmental Mitigation Measures:
1) The project design shall be revised to comply with all current
Development Code provisions,specifically,those contained in Section
17.08.040 related to building separation, setbacks, and the provision
of recreational amenities, subject to approval of the Design Review
Committee.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF APRIL 1999.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
r
BY: at - - Ist&.
-rry T. M, Niel, Chairman
ATTEST: �,�i lois,
Brad B, 'v�" crTr
I, Brad Buller, Secretary for 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 April 1999, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE