HomeMy WebLinkAbout88-149 - Resolutions RESOLUTION NO. 88-149
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA MODIFYING A CONDITION OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 13476, LOCATED AT THE NORTHEAST
CORNER OF HELLMAN AVENUE AND TRYON STREET IN THE LOW
DENSITY RESIDENTIAL DISTRICT - APN: 208-111-04
A. Recitals.
(i ) On June 10, 1987, the Planning Commission adopted Resolution
No. 87-92, thereby approving, subject to specified conditions, Tentative Tract
13476, which provides for the development of 37 single family lots on 10.39
acres of land within the Low Residential District.
(ii ) On September 19, 1987, the City Council adopted Resolution No.
87-521 thereby upholding the previously approved conditions and denying the
appeal .
(iii ) On July 14, 1988, a request was filed by West Venture
Construction, Inc. to modify the condition of approval requiring preservation
of the existing Magnolia tree.
(iv) On the 27th of July, 1988, 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.
(v) All legal prerequisites 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 substantial evidence presented to this Commission
during the above-referenced public hearing on July 27, 1988, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
(a) The request applies to a mature Magnolia tree located in
the parkway in front of Lot 11, which is defined as a heritage tree by
Municipal Code Section 19.08.030; and
(b) The applicant failed to protect the tree during grading
and construction activity as required by conditions of approval , Section
19.08.110 of the Rancho Cucamonga Municipal Code and the recommendations of
the applicants horticultural consultants report dated January 26, 1987; and
PLANNING COMMISSION RESOLUTION NO.
TT 13476 - West Venture
July 27, 1988
Page 2
(c) The tree is beginning to display stress conditions due to
the construction activity which has cut the root system of the tree. This,
together with the limited amount of moisture access, has weakened the Magnolia
tree; and
(d) The City's Tree Preservation Ordinance, as contained in
Municipal Code Section 19.08.100, states that heritage tree relocation to
another location on the site is the preferred alternative to replacement; and
(e) The applicants horticultural consultant recommended, in a
report dated July 12, 1988, that the tree is too weak to survive relocation
and recommended that once construction activity is finished, a replacement
tree can be planted; and
(f) The City's Tree Preservation Ordinance requires that, in
the event a heritage tree cannot be preserved or relocated, heritage tree
removal shall require replacement with the largest nursery grown tree
available as determined by the City Planner or Planning Commission; and
(g) The largest nursery grown Magnolia tree available is 96
inch box size, with an approximate height of 30'-35' and approximate width of
20' , according to a staff survey of tree nurseries in the region.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraph 1 and 2 above, this Commission hereby finds and
concludes as follows:
(a) That tentative tract is consistent with the
General Plan, Development Code, and specific
plans; and
(b) The design or improvements of the tentative
tract is consistent with the General Plan,
Development Code, and specific plans; and
(c) The site is physically suitable for the type of
development proposed; and
(d) The design of the subdivision is not likely to
cause substantial environmental damage and
avoidable injury to humans and wildlife or
their habitat; and
(e) The tentative tract is not likely to cause
serious public health problems; and
(f) The design of the tentative tract will not
conflict with any easement acquired by the
public at large, now of record, for access
through or use of the property within the
proposed subdivision.
PLANNING COMMISSION RESOLUTION NO.
TT 13476 - West Venture
July 27, 1988
Page 3
4. This Commission hereby finds and certifies that the project has
been reviewed and considered in compliance with the California Environmental
Quality Act of 1970 and that a Negative Declaration was issued on June 10,
1987.
5. Based upon the findings and conclusions set forth in paragraph
1, 2 and 3 above, this Commission hereby modifies Resolution No. 87-92 by
changing condition No. 6 under Planning Division to read as follows:
The Magnolia tree on Lot 11 shall be replaced, in
kind, with the largest nursery tree available as
determined by the City Planner. The replacement
tree shall be planted within the frontyard of Lot 11
prior to occupancy.
6. The Deputy Secretary to this Commission shall certify to the
adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1988.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: C. •
. y 'c'ietag airman
ATTEST: o
: a' `:g " i -pu y -cretary
I, Brad Buller, Deputy 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 by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 27th day of July, 1988, by the following vote-to-wit:
AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EMERICK, TOLSTOY