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HomeMy WebLinkAbout89-95A - Resolutions RESOLUTION NO. 89-95A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MAP MODIFICATION TO ALLOW A TEMPORARY ON-SITE DETENTION BASIN OF APPROXIMATELY 56,000 SQUARE FEET LOCATED ON LOTS 1-5 FOR APPROVED TENTATIVE TRACT MAP 14139 OF 119 SINGLE FAMILY LOTS ON 54 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) , LOCATED AT THE SOUTHWEST CORNER OF ETIWANDA AVENUE AND 25TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-082-01 A. Recitals. (i) On July 12, 1989 the Planning Commission adopted resolution No. 89-95, thereby approving, subject to specified conditions, Tentative Tract 14139. (ii) On March 1, 1991, a request was filed by Ahmanson Development, Incorporated, to modify the tentative map to allow a temporary on-site detention basin. (iii) The request resulted from comments from the San Bernardino County Flood Control District regarding drainage into the Etiwanda Creek Spreading Grounds. (iv) On March 27, 1991, 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. 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 27, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The modification request applies to property located at the southwest corner of Etiwanda Avenue and 25th Street with a street frontage along Etiwanda Avenue of approximately 1,350 feet and lot depth of 1,005 feet at the north tract boundary and 2,400 feet at the south tract boundary; and (b) The property to the east of the property is designated for residential use and is currently vacant, the property to the south of the project is approved Tract 13527, and the property to the north and west of the project is an SCE corridor and is currently vacant. PLANNING COMMISSION RESOLUTION NO. 89-95A TT 14139 - AHMANSON DEVELOPMENT MARCH 27, 1991 PAGE 2 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 the previously approved 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 modification 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 hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the modification application subject to each and every condition set forth below. PLANNING DIVISION (1) The proposed on-site detention basin shall be reviewed and approved by the Design Review Committee for landscaping and screening issues prior to issuance of building permits. (2) Pursuant to provisions of California Public Resources Code Section 21089 (b) , this application shall not be operative, vested or final, nor will building permits be issued or a map recorded, until (1) the Notice of Determination (NOD) regarding the associated environmental action is filed and posted with the Clerk of the Board of Supervisors of the County of San Bernardino; and (2) any and all required filing fees assessed pursuant to California Fish and Game Code Section 711.4, together with any required handling charges, are paid to the County Clerk of the County of San Bernardino. The applicant shall provide the Planning Department with a stamped and conformed copy of the NOD together with a receipt showing that all fees have been paid. PLANNING COMMISSION RESOLUTION NO. 89-95A TT 14139 - AHMANSON DEVELOPMENT MARCH 27, 1991 PAGE 3 In the event this application is determined exempt from such filing fees pursuant to the provisions of the California Fish and Game Code, or the guidelines promulgated thereunder, except for payment of any required handling charge for filing a Certificate of Fee Exemption, this condition shall be deemed null and void. Engineering Division (1) The design of the temporary on-site drainage detention facilities shall be justified by a final drainage report and approved by the City Engineer. These temporary detention facilities are to remain until such time as drainage/detention facilities may be constructed within the San Bernardino County Flood control District Etiwanda Creek Spreading Grounds. Upon authorization of the Flood Control District allowing the commencement of design and construction, the Developer shall diligently pursue approval of design and construction of drainage/detention facilities to the satisfaction of the City Engineer. The temporary on-site detention facilities shall be regraded to accommodate the subdivision immediately upon completion and acceptance of the drainage/detention facilities within the Etiwanda Creek Spreading Grounds. An agreement shall be executed and security posted to the satisfaction of the City Engineer and the City Attorney guaranteeing: (a) private maintenance of the temporary detention facilities, but providing the City with the right-of-access to maintain the facility if the private maintenance is insufficient and allowing the City a means to recoup the cost, (b) the design and construction of the necessary drainage/detention facilities within the Flood Control District Etiwanda Spreading Grounds, (c) the design and construction of the permanent outlet from the 24th Street Drain into the Flood Control District Etiwanda Spreading Grounds, and (d) regrading of the temporary detention facilities. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF MARCH 1991. PLANNING CO 1 SSION OF THE CITY OF RANCHO CUCAMONGA / / n f BY: -�aL– I Ala- , arry ■ cNiel, Chairman ATTEST: Slime' ���%j/ Bra ale wrr etary PLANNING COMMISSION RESOLUTION NO. 89-95A TT 14139 - AHMANSON DEVELOPMENT MARCH 27, 1991 PAGE 4 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 27th day of March 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE