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HomeMy WebLinkAbout99-25 - Resolutions RESOLUTION NO. 99-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR THE EXTENSION OF THE PREVIOUSLY APPROVED TENTATIVE TRACT MAP NO. 14055, AND MODIFYING THE CONDITIONS OF APPROVAL THEREOF, FOR THE DEVELOPMENT OF 115 CONDOMINIUM UNITS ON 10.27 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), LOCATED NORTH OF ARROW HIGHWAY ON THE EAST SIDE OF BAKER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-201-12 AND 32. A. Recitals. 1. Modern Corporation has filed an application for an extension of the approval of Tentative Tract Map No. 14055, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 2. On February 8, 1989, this Commission adopted its Resolution No. 89-26, thereby approving, subject to specific conditions and time limits, Tentative Tract No. 14055. 3. On March 27, 1991, this Commission adopted its Resolution No. 89-26A, thereby modifying, subject to specific conditions and time limits, Tentative Tract 14055. 4. On April 14, 1999, 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. 5. 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 the substantial evidence presented to this Commission during the above- referenced public hearing on April 14, 1999, 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 PLANNING COMMISSION RESOLUTION NO. 99-25 TE FOR TT 14055 - MODERN CORP. April 14, 1999 Page 2 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 Mitigated 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: 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: Tentative Tract Map Applicant Expiration 14055 Modern Corporation March 25, 2000 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby modifies the conditions of approval contained in Resolutions No. 89-26 and 89-26A and the Standard Conditions, attached thereto and incorporated therein, to read as follows: Planning Division 1) Pursuant to provisions of California Public Resources Code Section 21089(b), this application shall not be operative, vested, or final nor will building permits be issued or a map recorded, until 1) the Notice PLANNING COMMISSION RESOLUTION NO. 99-25 TE FOR TT 14055 - MODERN CORP. April 14, 1999 Page 3 of Determination (NOD) regarding the associated environmental action is filed and posted with the Clerk of the Board of Supervisors of the Count of San Bernardino; and 2)any and all required filing fees assessed pursuant to California Fish and Game Code Section 711.4, together with any required handling charges, are paid to the County Clerk of the County of San Bernardino. The applicant shall provide the Planning Division with a stamped and conformed copy of the NOD together with a receipt showing that all fees have been paid. Environmental Mitigation Measures: 1) The project design shall be revised to comply with all current Development Code provisions,specifically,those contained in Section 17.08.040 related to building separation, setbacks, and the provision of recreational amenities, subject to approval of the Design Review Committee. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF APRIL 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: at - - Ist&. -rry T. M, Niel, Chairman ATTEST: �,�i lois, Brad B, 'v�" crTr I, Brad Buller, Secretary for 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 April 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE