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HomeMy WebLinkAbout86-186 - ResolutionsRESOLUTION NO. 86-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING A RI~UEST FOR A TI~tTATIVE TRACT MAP, NUMBER 12902, TO PERMIT A CUSTOM LOT RESIDENTIAL SUBDIVISION ON 39.7 ACRES OF LAND IN TEE VERY LOW RESIDENTIAL DISTRICT AND LOCATED ON THE SOUTHWEST CORNER OF HERMOSA AVIIqUE AND ALMOND AVEXUE, RANCHO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS AND SUPPORT TREREOF A. RECIT&t.S. (i) RICHARD SCOTT, on behalf of Yoodland Pacific Development Co., Inc., bag filed an application for approval of a Tentative Tract Map, Number 12902, described above in the title of this Resolution. Hereafter in this Resolution, the subject Tentative Tract Map request is referred to as "the Tentative Tract." (ii) On April 23, 1986, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the Tentative Tract and, following the conclusion of said hearing, adopted their Resolution No. 86-41 thereby approving the Tentative Tract. (iii) The applicant has filed a timely appeal of the Tentative Tract approval represented in said Resolution No. 86-~1 on the basis of t~o (2) Conditions contained in said Resolution. The Conditions appealed are described as follows: a, The requireaent that the developer shall underground the existing overhead electric lines (less that 66 LV.) and talecommunication lines on the opposite of Hermosa Avenue for the entire length of the subject tract (Condition No. 6 Engineering Division); and b, The requirement that the developer provide an easement for a community trail along the draina$e course to the vest property boundary as requested by the Equestrian Advisory Committee (Condition No. 6 Planning Division). (iv) On June 4, 1986, the City Council of the City of Rancho Cucamonga conducted a duly noticed public bearing on the subject matter of the appeal of the Tentative Tract and, on said date, concluded the public hearing. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. R~qOLUTIm. NOW, THEREFORE, it is found, determined and resolved by the City Council of 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 sad correct. 2. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and concurs with ~be issuance of the mitigated Eegative Declaration issued on April 23, 1986. 3. Based upon the substantial evidence presented to this Council during the above-referenced June 4, 1986, hearing, including written staff reports, the minutes of the abovereferenced April 23, 1986, Planning Commission meeting and the contents of Planning Coxmission Resolution go. 86-~1, chis Council specifically finds as follows: Resolution No. 8~-186 Page 2 a. The Tentative Trac~ applies to property located on the southwest corner of Hermosa Avenue and Almond Avenue and is currently vacant and unimproved; b. The property to the north of the subject site is within the very low residential district and is currently vacant. The properties to the south of the subject site are within the very low residential district and are currently improved with agricultural uses and low-density residential dwellings under construction. The properties to the east of the subject site are within the park district and are currently improved with low-density residential units. The properties to the west of the subject site are within the Flood Control Corridor and very low residential districts and are currently improved with low-density residential dwellings and vacant land; c. The Tentative Tract contemplates the subdivision of the subject site into twenty-nine (29) custom residential lots, with one (1) remainder parcel. Such a subdivision as contemplated is permitted with the park district and such a dwelling unit density as contemplated is permitted pursuant to the density standards of the Development Code of the City of Rancbo Cucamonga; d. The requirement of Planning Commission Resolution No. 86-41 chat the developer under$rouad existing overhead electric and talecommunication lines on the opposite side of Hermosa Avenue (Condition No, 6 - Engineering Division) is not required since the ares surrounding the subject site is beewily wooded and all e-isting overhead utilities sre thereby shielded from vie~, Accordingly, the undergrounding of the subject utilities would not prosore the seethetic goals which are the basis for undergrounding of such overhead utilities; e. The requirement of Plannin8 Commission Resolution No. 86-41 tbat the developer provide an easement for a comaunit7 trail west of the drainqe course through the property continues to be an important and necessary Condition in furtherance of the granting of the subject Tentative Tract application. The condltionally requested community trail, at the time the Tentative Tract application was submitted, was part of the Master Plan of Trails of the City of Rsncbo CucamonSn and constitutes an important portion of a major north-south trails corridor. Moreover, the particular placement of the trail on the subject site will promote the continued natural state of the drainage course; f. The subdivision request as specified in the Tentative Tract will not contradict the goals or objectives of abe General Plan or Development Code of the City of Rancbo Cucason~a and would not promote a detrimental condition to the persons and properties in the ismedia~e vicinity of the subject site. 4. Based upon the substantial evidence presented to this Council during the above-referenced public bearing and upon the specific findings of facts set forth in paragraphs 1, 2 and 3 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 Kancbo Cucass~nga; b. The design or improvements of abe Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho Cucam~nga; c. The subject site is physicslly suitable for the ~ype of development proposed; Resolution No. 86-186 Page 3 d. The design of the substantial environmental damage their habitat; proposed subdivision is not likely to cause or avoidable injury to humans or wildlife or 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 1, 2, 3 and 4 above, this Council hereby approves the Tentative Tract subject to all of the Conditions set forth in Planning Commission Resolution No. 86-41 (a copy of which is attached hereto and marked as Exhibit "A") with the specific exception (and deletion) of the Condition as follows: a. The requirement that the developer place underground the existing overhead electric and telecomsmnication lines on the opposite side of Hermosa Avenue (Condition No. 6 Engineering Division). 6. This Council hereby provides notice to RICHARD SCOTT, as president of Woodland Pacific Development, Inc., that the time within which judicial revi~ of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 109~.6. 7. The City Clerk is hereby directed to: (a) certify to the adoption of this Resolution, end (b) forthPith transmit a certified copy of this Resolution, by Certified Mail, Return Receipt Requested, to RICHARD SCOTT at his address as per City records. PASSED, APPROVRD, and ADOPTED this 18th day of June, 1986. AYES: ~ikels, Buquet, King, Dahl, Wright NO~: None ~SJT: None I, BgVERLY A. AUTHELET, CITY CLEBI of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancbo Cucemonga, California, at a regular meeting of said City Council held on the 18th day of June, 1986. Executed this 19th day of June, 1986 at Kancbo Cucamnga, California.