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HomeMy WebLinkAbout90-69 - Resolutions RESOLUTION NO. 90-69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING AN APPEAL OF THE CITY PLANNER' S CONDITIONS OF APPROVAL FOR TREE REMOVAL PERMIT 90-04, LOCATED AT 6168 TOPAZ STREET, APN: 1062-351-37. A. Recitals. (i ) On April 11, 1990, Lloyd Luttrull filed an appeal of the Conditions of Approval for Tree Removal Permit 90-04 as described in the title of this Resolution. Hereinafter in this Resolution, the subject appeal request is referred to as "the application." (ii ) On the 21st of December, 1989, the applicant was notified of a violation of the City' s Tree Preservation Ordinance. ( iii ) On January 23, 1990 an application was filed requesting the removal of one Aleppo Pine (Pinus halepensis) from the City right-of-way. (iv) On April 3, 1990 Tree Removal Permit 90-04 was approved, with a condition requiring replacement with a 48-inch box size Aleppo Pine (Pinus halepensis) . (v) On May 23, 1990, the Planning Commission of the City of Rancho Cucamonga, conducted a meeting on the application and concluded said meeting 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 meeting on May 23, 1990, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 6168 Topaz Street with a street frontage of 90 feet and a Mandarin Avenue frontage of 95 feet and is presently improved with a single family home. (b) The properties to the north, south, east, and west are all occupied by existing single family residences. PLANNING COMMISSION RESOLUTION NO. 90-69 TREE REMOVAL PERMIT 90-04 - LUTTRULL June 13, 1990 Page 2 (c) The tree in question was a Heritage tree and required a Tree Removal Permit. (d) The tree was located within the City right-of- way. (e) The tree was removed, as defined by Section 19.08.030 of the Rancho Cucamonga Municipal Code. ( f) Tree replacement is required by Section 19.08.100 of the Rancho Cucamonga Municipal Code. (g) The Planning Commission has discretion to determine the appropriate size of the replacement tree, pursuant to Section 19.08.100 of the Ranch Cucamonga Municipal Code. (h) A 24-inch box size Aleppo Pine (Pinus halepensis) is the largest nursery-grown size that will provide the optimum vigorous growth. 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 proposed request is consistent with the objectives of the General Plan; and (b) That the proposed request is in accord with the objective of the Municipal Code and the purposes of the district in which the site is located; and (c) That the proposed request is in compliance with each of the applicable provisions of the Municipal Code; and 4. Based upon the findings and conclusions set forth in paragraphs 1 , 2, and 3 above, this Commission hereby upholds the appeal , subject to the following conditions: 1 ) One 24-inch box size Pinus halepensis (Aleppo Pine) shall be planted in the parkway to match the existing street trees. 2) The replacement tree shall be planted within 30 days from the date of this Resolution and the Planning Division contacted for inspection. PLANNING COMMISSION RESOLUTION NO. 90-69 TREE REMOVAL PERMIT 90-04 - LUTTRULL June 13 , 1990 Page 3 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 1990. PLANNING COMM/,SION OF THE CITY OF RANCHO CUCAMONGA BY: at ► � 0 Larry • Niel , Cho ' man ATTEST: A - ��"/ Bra 'r Se' 9 — 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 13th day of June 1990, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES : COMMISSIONERS: NONE ABSENT: COMMISSIONERS : WEINBERGER