Loading...
HomeMy WebLinkAbout88-344 - Resolutions RESOLUTION NO. 88-344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDNGA, CALIFORNIA, APPROVING A REQUEST FOR A TI~ EXTENSION FOR TENTATIVE TRACT MAP, NU~ER 12332, TO PERMIT A COSTOM LOT RESIDENTIAL SUBDIVISION OF 151 LOTS ON 85 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT AND LOCATED ON THE NORTH SIDE OF HILLSIDE CHANNEL EAST OF HAVEN AVE, RANCHO C~CAMDNGA CALIFORNIA, AND MAKING FINDINGS AND SUPPORT THEREOF A. RECITALS. (i) ROBERT J. SZOLOMAER, on behalf of the Cristiano Company has filed a request for a Time Extension for Tentative Tract Map, Number 12332, described above in the title of this Resolution. Hereafter in this Resolutlon, the subject Tentative Tract Map request is referred to as "The Tentative Tract." (ii) On March 9. 1988. the Plannlng Commission of the City of Rancho Cucamonga conducted a hearing on the subject matter of the Tentative Tract time extension and, followin8 the conclusion of said hearing, adopted their Resolution No. 88-53 thereby approving the Tentative Tract time extension. (iii) Councilmember Wright f/led a timely appeal of the Tentative Tract time extension approval represented in said Resolution No. 88-53 on behalf of the residents within the existing portion of the project (Tract No. 12332-1) because of a concern for: a. the lack of adequate secondary access; and b. the street design in the project. (iv) On May 18, 1988, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the appeal of the Tentative Tract time extension and, on said date, concluded the public hearing. (v) All legal prerequisites to the adoption of this Resolution have occurred. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Resolution No. 88-344 Page 2 2. Based upon the substantial evidence presented to this Council during the above-referenced May 18, 1988 hearing, including written staff reports, the minutes of the above-referenced March 9, 1988, Plannin$ Commission meeting and the contents of Planning Commission Resolutlon No. 86-53 this Council specifically finds as follows: a. The Tentative Tract applles to property located on the north side of H/llside Channel east of Raven Avenue within the very low residential district and is currently vacant and unimproved; b. The property surrounding the subject site heys the followin8 land use designations and are developed as noted: North - Utility corridor (County area) Northeast - very low residential - vacant East - Flood Control - vacant South - very low residential - partially developed West - very low residential - partially developed c. The Tentative Tract contemplates the subdivision of the subject site into one hundred fifty-one (151) custom residential lots. Such a subdivision as contemplated is permitted within the very low residential district and such a dwelling unit density as contemplated is permitted pursuant to the density standards of the Development Code of the City of Rancho Cucamonga; d. The Tentative Tract street design is acceptable as proposed. e. An additional access for emergency vehicles is necessary for the general safety of the development. f. The subdivision request as specified in the Tentative Tract will not contradict the goals or objectives of the General Plan or Development code of the City of Rancho Cucamonga and would not promote a detrimental condition to the persons and properties in the immediate vicinity of the subject site. 4. Based upon the substantial evidence presented to this Council during the above-reference public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: a. The Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho Cucamonga: b. The design or improvements of the Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho CucamonEa: c. The subject site is physically suitable for the type of development proposed: Resolution No. 88-344 Page 3 d. The design of the proposed subdivision is not likely to cause substantial environmental damage or avoidable injury to humans or wildlife or their habitat; e. The Tentative Tract is not likely to cause serious health problems; and f. The design of the Tentative Tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 5. Based upon the findings and conclusions set forth in paragraphs I, 2, 3 and 4 above, this Council hereby grants a Time Extension for: TRACT APPLICANT EXPIRATION 12332 Cristiano Company February 12, 1989 Subject to all the conditions set forth in Planning Commission Resolution Nos. 88-53 and 86-23 (a copy of which are attached hereto and marked as Exhibit "B") and inclusion of an additional condition as agreed to by the Developer to read as follows: An additional access for emergency vehicles shall be provided from the easterly boundary of the tract extending to Deer Creek Channel. The portion within the Flood Control District property shall be graded and compacted as approved by the Foothill Fire District, Flood Control District and City Engineer. Also, permission shall be obtained from the Flood Control District to use the service roads adjacent to Deer Creek Channel as a part of the access route. (Exhibit "A" attached shows the proposed access alignment). 6. This Council hereby provides notice to ROBERT J. SOLOMAYER as a partner with the Cristiano Company, that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by Certified Mail, Return Receipt Requested, to ROBERT J. SOLOMAYER at his address his address as per City records. PASSED, APPROVED, and ADOPTED this 1st day of June, 1988. AYES: Brown, Buquet, Stout, King, Wright NOES: No ne ABSENT: None Resolution No. 88-344 Page 4 Dennxs L. ~tout, Mayor ATTEST: Beverly,. Authelet. City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly paased, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 1st day of June, 1988. Executed this 2nd day of June, 1988 at Rancho Cucamonga, California. Beverly ~. Auth~l-et, City Clerk Resolution No. 88-344 · 'r/$'rf~f~ 0~1~ Page 5 ~ ~~ ~,: Resolution No. 88-344 Page 6 EXHIBIT "B" RESOLUTION NO. 88-53 A RESOLUTION OF THE RANCMO C~CAMDNGA PLANNING COMMISSION APPROVING A TI~ EXTENSION FOR TENTATIVE TRACT NO. 12332 A. Recitals. (i) The Cristiano Company has filed an application for the extension of Tentative Tract No. 12332 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension request is referred to as "the application". (ii) On March 9, 1986, this Commission adopted its Resolution No. 86-23, thereby approving, subject to specific conditions and time limits, Tentative Tract No. 12332. (iii) Ail 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. 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, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The previously approved Tentative Map is in substantial compliance with the City' s current General Plan. Specific Plans, Ordinances, Plans, Oodes and Policies; and (b) The time extension of the Tentative Map w~ll not cause significant inconsistencies with the current General Plan, Specific Plans. Ordinances. Plans, Codes and Policies; and (c)The time extension of the Tentative Map is not likely to cause public health an safety problems; and (d)The time extension is within the time limits prescribed by state law and local ordinance. Resolution No. 88-344 Page 7 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby grants a Time Extension for: Tract Applicant Expiration 12332 Cristiano Company February 12, 1989 Subject to the following administrative clarification of the conditions of approval: 1. The 32 foot wide streets shall be posted for no parking on both sides. 2. The downhill legs of street intersections shall be designed to minimize the effect of rolling the profile if required for drainage control. 3. The cul-de-sac street (Court H) at the southeast corner of the Tract shall be designed with both a turnaround and an access to the property to the east as approved by the City Engineer. 4. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF HAR~It, 1988. PLANNING OOMHISSION OF THE CITY OF RANCHO OJCAHDNGA Larry T. McNiel, (Iaaiman ATTEST: Brad Bullet, Deputy Secretary I, Brad Bullet, Deputy 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 9th day of March, 1988, by the following vote-to-wit.' AYES: COMMISSIONERS: E~RICK, BLAKESLEY, CMITIEA, HCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE Resolution No. 88-344 Page 8 EXHIBIT "B" continued RESOLUTION NO. 86-23 A RESOLUTION OF THE PLANNING OOMMISSION OF THE CITY OF RANCHO O3CAM3NGA, CALIFORNIA, OONDITIONALLY APPROVING TENTATIVE TRACT 12332. WREREAS, Tentative Tract Map No. 12332, hereinafter "Map" submitted by Walter Laband, applicant, for the purpose of subdividln8 the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of C~lifornla, described as a custom lot development into 151 lots, regularly came before the Planning ~ommission for public hearing and action on February 12, 1986; and WHEREAS, the City Planner has recommended approval of the Map subject to all conditions set forth in the Engineering and Planning Division's reports; and WHEREAS, the Planning Commission has read and considered the Engineering and Planning Division's reports and has considered other e~idence presented at the public hearing. NOW, THEREFORE. the Planning Commission of the City of Rancho Cucamonga does resolve as follows: SECTION 1: The Planning Commission makes the following findings in regard to Tentative Tract No. 12332 and the Map thereof: (a) The tentative tract is consistent with the General Plan, Development Code, and specific plans; (b) The design or ~mprovements of the tentative tract is consistent with the General Plan, Development Code, and specific plans: (c) The site is physically suitable for the type of development proposed; (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; (e)The tentative tract is not likely to cause serious public health problems; Resolution No. 88-344 Page 9 ([) The desi&n of the tentative tract will not conflict vtth any easement acquired by the public at large, nov of record, for access through or use of the property vithin the proposed subdivision. (8) That this project viii not create adverse impacts on the environment and a Negative Declaration is issued. SECTION 2: Tentative Tract Hap No. 12332, a copy of vhich ia attached hereto, is hereby approved subject to all of the follovlng conditions and the attached Standard Conditions~ PLANNING DIVISION 1. A~ signature si~n-off shall be contained within the individual homeowner CC & R's designed to alert the buyer as to the requirement for street trees, including maintenance. Prior to occupancy, street trees and slope plantings on indivldual parcels must be inspected and approved by the City. 2. Parkstrip landscaping and street trees, with - ' appropriate irrigation systems shall be required along streets WA" and "C". The required landscaping and street trees may be added with each phase of street construction. 3. Rooted ground cover is required for slope bank erosion control where required by standard conditions. Hydroseeding shall not be allowed because of rocky soil. ENGINEERING 1. Dedication of ingress and egress and maintenance easements overall interior streets shall be dedicated on the Pins1 Hap to the City of Rancho Cucamonga Engineering and Public Works Divisional the Cucamonga County Water District: the San Bernardino County Flood Control Districtl Southern California Gas Company: Southern California Edison Company. 2. The northeasterly portion of the project area (Flood Control District Easement) shall be made a part of the tract map. The CC & Rts for this tract shall make provisions to incorporate this area into the Homeowner's Association once this area is developed. Resolution No. 88-344 Page 10 Resolution No. 88-344 Page 10 3. An access easement by separate instrument shall be provided to the property lying east of the project area (owned by San Bernardino County Flood Control District). The document shall be prepared to the satisfaction of the District. This condition shall be waived if the access is not required by the Flood Control District. 4. The Homeowners Association established shall provide spe cifically for adequate funding for the future maintenance of the private roadways and the Haven Avenue landscaping. APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY, 1986. PLANNING GOMMISSION OF THE CITY OF RANG~O O3CAMDNGA BY: Dennis L. Stout, Chairman ATTEST: Brad Bullet, Deputy Secretary I, Brad Buller, Deputy 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 12th day of February, 1986, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, BARKER, REMPEL, STOUT NOES: COMMISSIONERS: NONE AB SENT: COMMIS S IONERS: NONE