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HomeMy WebLinkAbout90-131A - Resolutions RESOLUTION NO. 90-131A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO TENTATIVE TRACT 14508, A REQUEST TO MODIFY A CONDITION OF APPROVAL REGARDING THE TIMING FOR CONSTRUCTION OF A SOUND ATTENUATION WALL ALONG THE FUTURE ROUTE 30 FREEWAY FOR A PREVIOUSLY APPROVED RESIDENTIAL SUBDIVISION AND DESIGN REVIEW CONSISTING OF 26 SINGLE FAMILY LOTS ON 7.94 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) , LOCATED AT THE SOUTHEAST CORNER OF MILLIKEN AVENUE AND VINTAGE DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-251-47. A. Recitals. (i) The Janes Group received approval for Tentative Tract 14508 from the Rancho Cucamonga Planning Commission with conditions included in Resolution No. 90-131 at a duly noticed public hearing on October 10, 1990. (ii) The Janes Group filed an application for the approval of modifications to the conditions of Tentative Tract 14508 as described in the title of this Resolution. Hereinafter, the subject modification to the Tentative Tract Map request is referred to as "the application. " (iii) On the 8th day of July 1992, 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. (iv) 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 July 8, 1992, 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 the southeast corner of Milliken Avenue and Vintage Drive with a street frontage of 1038.41 feet and lot depth of 848.05 feet and is presently improved with curb and gutter along Milliken Avenue and curb, gutter, sidewalk, and streetside landscaping along Vintage Drive; and PLANNING COMMISSION RESOLUTION NO. 90-131A TT 14508 - THE JANES GROUP July 8, 1992 Page 2 (b) The property to the north of the subject site is developed with single family residences, the property to the south of the site is the vacant future Route 30 Freeway right-of-way, the property to the east is existing single family detached homes, and the property to the west includes single family residences; and (c) The property is zoned Low Residential by the Development Code, consistent with the General Plan Designation for the site; and (d) The application contemplates a modification to the condition regarding the timing of construction of the sound attenuation wall along the project's south property line, adjacent to the future Route 30 Freeway right-of-way. 3. Based upon the substantial evidence presented to this Commission during the above-referenced 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 modification is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and (b) That the proposed modification together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare of materially injurious to properties or improvements in the vicinity; and (c) That the proposed modification complies with each of the applicable provisions of the Development Code. 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, that a Negative Declaration was issued on October 10, 1990. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby modifies its Resolution No. 90-131 by modifying the following Planning Division conditions to read as follows: Planning Division 2) To mitigate significant adverse noise impacts from the proposed freeway, prior to the issuance of building permits, an in-lieu fee shall be required for the future installation of a sound attenuation wall to the south of the site at the freeway level. The amount of the deposit shall be to the satisfaction of the City Planner, City Engineer, and Caltrans. PLANNING COMMISSION RESOLUTION NO. 90-131A TT 14508 - THE JANES GROUP July 8, 1992 Page 3 In addition, the developer shall provide each prospective buyer written notice of the proposed Foothill Freeway Route 30 in a standard format as determined by the City Planner, prior to accepting a deposit on any property. Likewise, prospective buyers of Lots 11-14 shall be given notice of the future sound attenuation wall. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF JULY 1992. PLANNING COA'SION OF THE CITY OF RANCHO CUCAMONGA BY: I.e. LL Ca / a7 / arryf 0 kiel, Chairman ATTEST: . im Br-d Bu Alrinerricry 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 8th day of July 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA,:MCNIEL, MELCHER, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY