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HomeMy WebLinkAbout94-051 - ResolutionsRESOLUTIONNO. 94-051 A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF ~ ~ PIANNING OC~%~ISSION'S DECISIf~N TO D~Y A ~DDIFICATION TO A C~qDITION OF APPROVAL FOR T~tTATIVE PARCEL MAP 12877, TO L~D~ THE EXISTING OV~HtEAD UT~.'rTIES NO~H SIDE OF H~.LqIDE ROAD, FAST OF M00NSTONE AV~qUE WITHIN THE ~ LOW (T~S THAN 2 DW~.LI~G L~riTS PER AC~E) THEREOF - APN 1061-251-24 Recitals. (i) An application has been sukmitted to the City of Rancho Cucamonga by Dr. Irwin B. Golden (hereinafter "applicant") for a subdivision of 3.28 acres of land into 2 parcels on the north side of Hillside Road, east of Moonstone Avenue, hereinafter referred to as "the application." (ii) On December 9, 1992, the Planning Ccmmdssion conditionally approve Tentative ParcelMap 12877 with Resolution 92-145. (iii) On January 3, 1994, the applicant requested a modification to the condition of approval which requires und~ of existing overhead utilities beyond the limits of the project site. (iv) On Feb~ry 9, 1994, the Planning C~mL,~ssion heard the modification request and concl~_~?d said hearing on that date with a Resolution of Denial No. 94-06. (v) The Planning C~¥,~ssion's action was timely appealed to this Council on February 16, 1994. (vii) have occurred. All legal prerequisites to the adoption of this Resolution B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Oacan~nga as follc~s: 1. The Council hereby specifically finds that all 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 above-referenced meeting on March 16, 1994, including written and oral staff reports, this Council hereby specifically finds as follows: R~solution No. 94-051 Page 2 (a) The application applies to property located on the north side of Hillside Road east of Moonstone Avenue and contains the applicant's hc~e; (b) The property to the north of the subject site is vacant, the property to the south, east, and west of the site consists of single family residential; and (c) The tentative parcel map contemplates the subdivision of the subject site into two (2) single family parcels, which is permitted within the Very Low Residential Develo[~ent District. 3. Based upon the substantial evidence presented to this Council during the above-referencedmeetinganduponthe specific findings of facts set forth follows: a. That modification of the condition to require undergrounding of utilities only within the project boundaries would not be consistent with City policy as outlined in Planning C~im~.~ssion Resolution 87-96. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the applicant's request to modify the condition requ/ring the underground/ng of utilities. 5. ~Tis Council hereby provides notice to Dr. Irwin B. Golden that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution by Certified Mail, Return Receipt R~quested, to Dr. Irwin B. Golden at his address as per City records.