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HomeMy WebLinkAbout00-103 - Resolutions RESOLUTION NO. 00-103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A CITY PLANNER DECISION APPROVING MODIFICATION TO DEVELOPMENT REVIEW NO. 98-13 FOR FINAL TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 THROUGH 31 AND 1074-621-01 THROUGH 35. A. Recitals. 1. The Heights at Haven View Estates filed an application for the approval of a Modification to Development Review No.98-13. The modifications involve a reduction in the overall height of the slope along the northern portion of the site, a revision to the base elevation and design of the channel along the northern boundary of the tract, providing retaining walls directly north of the channel, and the elimination of grading north of the project. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 12th day of August 1998, the Planning Commission of the City of Rancho Cucamonga reviewed Development Review 98-13, and following the conclusion of their review adopted Resolution 98-56 by which the Commission determined that no subsequent environmental review was necessary for the project and approved the project. 3. That decision by the Planning Commission was timely appealed to the City Council. 4. On the 18th day of November 1998, the City Council of the City of Rancho Cucamonga denied the appeal of Development Review 98-13, and affirmed the decision of the Planning Commission to find that no subsequent environmental review was necessary for the project and approved the project. 5. On the 22nd day of August 2000, the City Planner of the City of Rancho Cucamonga held a public hearing on the application,and following the close of the hearing,adopted Resolutions Nos. 00-17 and 00-18 making environmental findings and approving the application. 6. The decisions made by said City Planner on the application were timely appealed to the Planning Commission. 7. On the 27th day of September 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and adopted Resolution No. 00-102 determining that no subsequent environmental review was necessary for the project. 8. 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: PLANNING COMMISSION RESOLUTION NO. 00-103 DR 98-13 MOD. - HEIGHTS AT HAVEN VIEW ESTATES September 27, 2000 Page 2 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 meeting on September 27, 2000, including, but not limited to, written and oral staff reports, the minutes of the above-referenced City Planner meeting, and the contents of the City Planner Resolution Nos. 00-17 and 00-18, this Commission hereby specifically finds as follows: a. The proposed project is consistent with the objectives of the General Plan; and b. The proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located. The project is located in the Very Low Residential District and because of the slope of the site it is also subject to the provisions of the Hillside Development Ordinance. The development of 40 homes on 25.35 acres is consistent with the Very Low Residential District and the project was designed to comply with all applicable provisions of the Hillside Development Ordinance. The minor revisions to the grading plan were designed to be consistent with the originally approved project and to comply with the provisions of the Hillside Development Ordinance; and C. The proposed design is in compliance with each of the applicable provisions of the Development Code. The project was designed to comply with the building and grading provisions of the Hillside Development Ordinance. The minor revisions to the conceptually approved project that include a reduction in the overall height of the slope along the northern portion of the site,a revision to the base elevation and design of the channel along the northern boundary of the tract, and providing retaining walls directly north of the channel are in compliance with each of the applicable provisions of the Hillside Development Ordinance; and d. The minor revisions to the proposed design,togetherwith the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The effects of these changes on the homes in the approved tract as well as properties adjacent thereto, have been evaluated and found to be insignificant. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, the Planning Commission hereby approves the application subject to each and every condition setforth below. Planning Division 1) All conditions of approval as contained in Planning Commission Resolution 98-55 and City Council Resolution 98-178 shall apply. 2) The retaining walls north of the channel shall be provided a split face block finish. 3) Landscaping shall be provided between terraced retaining walls north of the channel. The landscaping shall be shown on the final Landscape and Irrigation Plans and shall be installed prior to completion of the project. PLANNING COMMISSION RESOLUTION NO. 00-103 DR 98-13 MOD. - HEIGHTS AT HAVEN VIEW ESTATES September 27, 2000 Page 3 4) This approval does not preclude the developer from proceeding in accordance with the original grading design, approved with Development Review 98-13, if approval is obtained from the property to the north for that purpose. 5) Modification to Development Review 98-13 shall expire if building permits are not issued within 5 years from the date of approval. No extensions are allowed. Engineering Division 1) A permit from San Bernardino County Flood Control District is required. Any redesign required in obtaining the permits shall be resolved and approved prior to starting work. 2) The approved Final Drainage Study shall be updated to address the alternate channel design. 4. The Secretaryto the Planning Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry . I cNiel, Chairman ATTEST: BACAer, Segp6ry 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 bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE