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HomeMy WebLinkAbout90-47 - Resolutions RESOLUTION NO. 90-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA APPROVING A TIME EXTENSION AND MODIFYING THE CONDITIONS OF APPROVAL FOR TENTATIVE TRACT 13703 AND DESIGN REVIEW THEREOF, A RESIDENTIAL SUBDIVISION OF 55 LOTS ON 11 ACRES OF LAND LOCATED ON THE WEST SIDE OF HAVEN AVENUE, NORTH OF BANYAN STREET IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) , AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-181-67 AND 68. A. Recitals. ( i ) Kajima Development filed an application for the approval of Tentative Tract Map No. 13703 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 27th of April , 1988, the Planning Commission of the City of Rancho Cucamonga approved the application at a duly noticed public hearing on that date. ( iii) On February 15 , 1990, the applicant filed a request for a twelve (12) month time extension. (iv) On the 11th of April , 1990, 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 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 meeting on April 11 , 1990, including written and oral staff reports, this Commission hereby specifically finds as follows : (a) The application applies to property located on the west side of Haven Avenue, north of Banyan with a street frontage of 630 feet along Haven Avenue and 795 feet along the south tract boundary and is presently vacant; and PLANNING COMMISSION RESOLUTION NO. 90-47 TIME EXTENSION FOR TT 13703 April 11 , 1990 Page 2 (b) The property to the north of the subject site is designated for residential uses and is developed with single family homes , the property to the south of that site consists of the San Bernardino County Flood Control retention basin, the property to the east is Chaffey College , and the property to the west is developed with single family homes. 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 the tentative tract is consistent with the General Plan and Development Code; and (b) That the design or improvements of the tentative tract is consistent with the General Plan, Development Code; and (c) That the site is physically suitable for the type of development proposed; and (d) That 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) That the tentative tract is not likely to cuase serious public health problems; and (f) That 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 . Based upon the findings and conclusions set forth in paragraphs 1 , 2 , and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) All Conditions of Approval , as contained in Planning Commission Resolution No. 88-76 , shall apply except where modified herein. 2) Approval shall expire on April 27, 1991 , unless extended by the Planning Commission. 3) Prior to the recordation of the final map or the issuance of building permits, whichever comes first, the applicant shall consent to, or participate in , the establishment of a Mello-Roos Community Facilities District pertaining to the project site to provide, in conjunction with the applicable School District, for the construction and maintenance of necessary school facilities. However, if PLANNING COMMISSION RESOLUTION NO. 90-47 TIME EXTENSION FOR TT 13703 April 11 , 1990 Page 3 any School District has previously established such a Community Facilities District, the applicant shall , in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits, whichever comes first. Further, if the affected School District has not formed a Mello-Roos Community Facilities District within twelve (12) months of the date of approval of the time extension and prior to recordation of the final map or issuance of building permits for said project, this condition shall be deemed null and void. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL, 1990. PLANNING COMMf•SION OF THE CITY OF RANCHO CUCAMONGA BY: /AA_ __ 4 ' • L.rry iel , Chairman ATTEST: ��-�I/fLA011,_ Bra. Bull - S•W 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 11th day of April , 1990, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CHITIEA, TOLSTOY ABSTAIN: COMMISSIONERS: WEINBERGER