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HomeMy WebLinkAbout98-63 - Resolutions RESOLUTION NO. 98-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED TENTATIVE TRACT MAP (NO. 14207) FOR THE DEVELOPMENT OF 28 SINGLE FAMILY LOTS ON 19.8 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), LOCATED ON THE WEST SIDE OF BERYL STREET, SOUTH OF HERITAGE PARK, NORTH OF MANZANITA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-051-01 A. Recitals. 1. Heritage Park Development Company has filed an application for the extension of the approval of Tentative Tract Map No. 14207, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On May 22, 1991, this Commission adopted its Resolution No. 91-43, thereby approving, subject to specific conditions and time limits, Tentative Tract No. 14207. 3. On August 26, and continued to August 31, 1998, 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 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 public hearing on August 26, and August 31, 1998, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Tentative Tract Map is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Tentative Tract Map approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and c. The extension of the Tentative Tract Map approval is not likely to cause public health and safety problems; and d. The extension is within the time limits established by State law and local ordinance. 3. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration based upon the findings as follows: PLANNING COMMISSION RESOLUTION NO. 98-63 TE FOR TT 14207 - HERITAGE PARK DEV. August 31, 1998 Page 2 a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby grants a time extension for: Protect Applicant Expiration Tentative Tract 14207 Heritage Park Development Company May 22, 1999 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby modifies the conditions of approval to read as follows: Planning Division 1) All previously adopted conditions of approval for Tentative Tract 14207, as contained in Planning Commission Resolution No. 91-43, shall apply. Engineering Division 1) All previously adopted conditions of approval for Tentative Tract 14207, as contained in Planning Commission Resolution No. 91-43, shall apply. Environmental Mitigation Measures 1) The developer shall comply with the requirements of Section 404 of the Clean Water Act and Section 1603 of the State Fish and Game Code, for the grading alteration of the natural drainage course, prior to issuance of grading and building permits. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 98-63 TE FOR TT 14207 - HERITAGE PARK DEV. August 31, 1998 Page 3 APPROVED AND ADOPTED THIS 31ST DAY OF AUGUST 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Or / ` Larry T cNiel, Chairman ATTEST: /=rad Bul?e 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 31st day of August 1998, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE