Loading...
HomeMy WebLinkAbout90-353 - Resolutions NO ACTION TAKEN RESOLUTION NO. 90-353 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A REQUEST TO DELETE FOUR CONDITIONS OF APPROVAL FOR TENTATIVE TRACT 14192 FOR A RESIDENTIAL SUBDIVISION OF 65 SINGLE FAMILY LOTS ON 19.7 ACRES OF LAND LOCATED SOUTH OF 19TH STREET BETWEEN HELLMAN AVENUE AND AMETHYST STREET IN THE LOW RESIDENTIAL DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) Hix Development has filed an application for the approval of Tentative Tract 14192, as described in the title of this Resolution, herein- after referred to as "the Tentative Tract". (ii) On June 27, 1990, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the Tenative Tract and, following the conclusion of said hearing, adopted their Resolution No. 90-85 (attached as Exhibit "1") thereby conditionally approving the Tentative Tract. (iii) The Planning Commission's action was timely appealed to this Council on July 6, 1990, with a 30 day extension to the appeal period requested on July 13, 1990. (iv) On September 5, 1990, the City Council of the City of Rancho Cucamonga conducted a duly notice public hearing on the subject matter of the appeal and, on said date, concluded the public hearing. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resol uti on. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: 1. This Counci hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and concurs with the issuance of the Negative Declaration issued on June 27, 1990. 3. Based upon substantial evidence presented to this Council during the above referenced hearing on September 5, 1990, including written and oral staff reports, this Council hereby specifically finds as follows: Resolution No. 90-353 Page 2 (a) The Tenative Tract applies to property located south of 19th Street between Hellman Avenue and Amethyst Avenue within the Low Residential District (2-4 dwelling units per acre); (b) The property to the north contains single family homes, to the east are single family homes and vacant property, to the south is vacant property and single family homes, and to the west are single family homes; (c) The Tentative Tract is for the development of a 65-1ot subdivision on 19.7 acres of land; (d) The requirements of Planning Commission Resolution No. 90- 85 remain to be important and necessary to the subdivision of the property; and (e) The Tentative Tract as specified is consistent with the goals and objectives of the General Plan and Development Code of the City of Rancho Cucamonga; and would not promote a detrimental condi- tion to the persons or properties in the immediate vicinity. 4. Based upon the substantial evidence presented to this Council during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1, 2 and 3 above, this Council hereby finds and concludes as follows: (a) That deletion of the conditions for construction of street improvements and undergrounding of existing overhead utilities off- site along Hellman Avenue, reconstruction of Mignonette Avenue, and construction of portions of the Amethyst storm drain would not be consistent with City policy; and (b) That deletion of the conditions for construction of street improvements and undergrounding of existing overhead utilities off- site along Hellman Avenue, reconstruction of Mignonette Avenue, and construction of portions of the Amethyst storm drain would not be consistent with the objectives of the General Plan and Development Code of the City of Rancho Cucamonga; and (c) That the conditions for construction of street improvements and undergrounding of existing overhead utilities offsite along Hellman Avenue, reconstruction of Mignonette Avenue, and construction of portions of the Amethyst storm drain are not unreasonable. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the appeal, thereby letting stand the Conditions set forth in Planning Commission Resolution No. 90-85. Resolution No. 90-353 Page 3 6. The Council hereby provides notice to Hix Development that the time within which judicial review of the decision represented by the Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga 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 Requested, to Hix Development at their address as per City records.