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HomeMy WebLinkAbout89-41 - Resolutions RESOLUTION NO. 89-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA APPROVING A MODIFICATION TO VESTING TENTATIVE TRACT MAP NO. 13823, A REQUEST TO CHANGE A PREVIOUSLY APPROVED TRACT MAP FROM A ONE-LOT SUBDIVISION TO A FIVE-LOT SUBDIVISION FOR THE DEVELOPMENT OF 265 CONDOMINIUM UNITS ON 18.9 ACRES OF LAND IN THE MEDIUM- HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) , LOCATED EAST OF HAVEN AVENUE ON THE SOUTH SIDE OF LEMON AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-271-79. A. Recitals. (i) Devcal has filed an application for a modification of Vesting Tentative Tract Map No. 13823 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application". ( ii) On the 22nd of March, 1989, 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. (iii ) 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: 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 March 22, 1989, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located on the south side of Lemon Avenue, east of Haven Avenue with a street frontage of 657 feet and lot depth of 992 feet and is presently unimproved; and (b) The property to the north, east and west are designated for residential uses. The properties to the north and east are currently vacant. The property to the west is presently being developed with condominiums. The property to the south is designated for the future Foothill Freeway and is currently vacant; and PLANNING COMMISSION RESOLUTION NO. 89-41 RE: VESTING TT 13823 - DEVCAL March 22, 1989 Page 2 (c) The modification, with the recommended conditions of approval , complies with all minimum development standards of the City of Rancho Cucamonga. 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 paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That modification to the 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 modification to 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. 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, further, this Commission issued a Negative Declaration on March 23, 1988. 5. Based upon the findings and conclusions set forth in paragraphs 1 , 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) The developer shall provide each prospective buyer written notice of the potential Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a deposit on any property. 2) All conditions as contained in Resolution No. 88-58 shall apply. PLANNING COMMISSION RESOLUTION NO. 89-41 RE: VESTING TT 13823 - DEVCAL March 22, 1989 Page 3 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF MARCH, 1989. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ie BY: f% sC)' )7) c— _ arry , a I .n 0 ATTEST: I a a, 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 by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of March, 1989, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, EMERICK, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHITIEA, TOLSTOY