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HomeMy WebLinkAbout00-154 - Resolutions RESOLUTION NO. 00-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRAIL MODIFICATION FOR DEVELOPMENT REVIEW 00-01 WITH CONDITIONS, LOCATED AT5138 AND 5148 HERMOSA AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1078-051-18 AND 19. A. RECITALS. 1. The applicant, Kim Jay Aylor, has filed an application for approval of a trail modification, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Development Review is referred to as the "application." 2. On July 12, 2000, the Planning Commission of the City of Rancho Cucamonga approved the application with conditions and adopted Resolution 00-17. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hereby found and determined by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above- referenced August 16,2000, hearing, including written staff reports,the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution 00-17,this Council hereby specifically finds as follows: a. The application applies to the property located at 5138 and 5148 Hermosa Avenue,with a street frontage of 113.7 and 110 feet and lot depths of approximately 301.96 and 317.36 feet, and is presently undergoing development of two single-family custom homes. Said property is currently designated as Very Low Residential; and Resolution No. 00-154 Page 2 of 4 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed trail modification is consistent with the General Plan and Development Code; and b. The proposed trail modification and the use,together with conditions applicable thereto,will not be detrimental to the public health,safety, or welfare or materially injurious to properties or improvements in the vicinity. c. The proposed trail modification is in compliance with each of the applicable provisions of the Development Code; and 4. The project is categorically exempt from California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of the trail modification subject to the following conditions: Engineering Division: 1) Actual vacation document will not be recorded until new trail is constructed. 2) The applicant shall coordinate with staff (Public Works Division) to ensure proper measures have been taken (i.e.soil compaction,slope stabilization) to ensure long-term stability of the trail. 3) All applicable City processing fees(i.e.vacation process,plan check, and construction permit, etc.) shall be paid in due process. 4) Improvement Plans and Construction: a) Trail improvement plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public trail improvements. b) Prior to any work being performed in the public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. Resolution No. 00-154 Page 3 of 4 c) An appropriate licensed Civil Engineer or land surveyor shall prepare a legal description of vacation and new easement. d) A new easement shall be dedicated to the City. 5) The applicant shall schedule a walk-through with Planning Division and Public Works Division, prior to the completion of the trail modification. 6) All public improvements shall be constructed to City Standards. 7) The developer shall be responsible for the relocation of existing utilities as necessary. 8) Trail shall be located outside the 100-year floodplain. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 16TH DAY OF AUGUST 2000. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA PASSED, APPROVED, AND ADOPTED this 16`" day of August 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Ale nder, Mayor Resolution No. 00-154 Page 4 of 4 ATTEST: A01M.Ae-I L"'Y� D bra J. Ada CMC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held on the 16`h day of August 2000. Executed this 17`h day of August, at Rancho Cucamonga, California. De&a J. Adams C, City Clerk