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HomeMy WebLinkAbout94-84 - Resolutions RESOLUTION NO. 94-84 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST TO MODIFY THE CONDITION OF APPROVAL FOR TENTATIVE PARCEL MAP 4773 BY DELETING THE CONDITION TO PAVE A 26-FOOT WIDE ACCESS FROM ETIWANDA AVENUE TO THE EASTERN PROPERTY LINE OF LOT 2 AND REMOVING THE LIEN FOR SAID WORK, LOCATED 850 FEET EAST OF ETIWANDA AVENUE ON THE SOUTH SIDE OF THE FUTURE 23RD STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-122-82 A. Recitals 1. On October 24, 1979, the Planning Commission adopted Resolution No. 79-09, thereby approving, subject to specified conditions, Tentative Parcel Map 4773, providing for the development of two single family lots on 1.9 acres of land. 2. On October 31, 1994, a request was filed by Mr. Karl Trautwein to modify the conditions of approval by deleting the requirement for a 26-foot wide paved access from Etiwanda Avenue to the easterly boundary of said subdivision. 3. On December 14, 1994, 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. 4. All legal prerequisites 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. The Commission hereby specifically finds that all the facts set forth in the Recitals, Part "A, " of this Resolution are true and correct. 2. Based on substantial evidence presented to this Commission during the above-referenced hearing on December 14, 1994, 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 the future 23rd Street, approximately 850 feet east of Etiwanda Avenue and; b. The access currently used is property owned by other individuals; and c. The majority of said other individuals has expressed their objection to the paved access; and d. Without the consent of these said other individuals the applicant has no authority to enter upon their property to perform the paving of the access. PLANNING COMMISSION RESOLUTION NO. 94-84 TENTATIVE PARCEL MAP 4773 December 14, 1994 Page 2 3. Based upon the substantial evidence presented to this Commission during the above referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this commission hereby finds and concludes as follows: a. Condition Number 2 of Resolution 79-09, requiring a 26-foot wide paved access from Etiwanda Avenue to the easterly boundary of said subdivision, is impractical for this specific situation. 4. Based upon the findings and conclusions set forth in paragraph 1, 2, and 3 above, this Commission hereby approves the applicant's request to delete condition Number 2 of Resolution 79-09. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER 1994. PLANNING CO;,..... ION OF THE CI" OF RANCHO CUCAMONGA BY: 11a/' 11 E. David ..II1I p� Or ATTEST: LLCL :j%ler mirl ary 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 14th day of December 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MELCHER, TOLSTOY