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Home My WebLink About02-071 - Resolutions - (no action) NO ACTION TAKEN APPEAL WITHDRAWN RESOLUTION NO. 02-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP SUBTT16257, A CONDOMINIUM SUBDIVISION OF ONE LOT, AND THE RELATED TREE REMOVAL PERMIT DRC2001-00567, FOR 340 APARTMENTS ON 24.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 227-211-02, 04, 05, 09, 10, 15, 20, 29 AND A PORTION OF 17. A. RECITALS. 1. Forecast Corporation filed an application for the approval of Tentative Tract Map SUBTT16257 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 November 20, 2001 and January 17, 2002, the applicant conducted neighborhood meetings, which was attended by 8 and 9 residents, respectively. 3. On January 9, and continued to January 23, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing and approved the application. 4. The decision represented by said Planning Commission Resolution was appealed in a timely manner to this Council. 5. On March 6, and continued to March 20, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 6. 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 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. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on March 6, and March 20,2002, including written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution Nos. 02-17 and 02-18, and together with public testimony, this Council hereby specifically finds as follows: Resolution No. 02-071 NO ACTION TAKEN Page 2 of 4 APPEAL WITHDRAWN a. The application applies to property located on the west side of Etiwanda Avenue, north of Foothill Boulevard, with a street frontage of approximately 1,700 feet on Etiwanda Avenue and an approximate depth of 1,500 feet, and is presently vacant; and b. Eight existing single-family detached residences, not a part of the proposed project, are located on an inverted L-shaped property atthe central portion of the site which take access from Etiwanda Avenue via dirt roads. The 1-15 Freeway borders the property on the north and west. The property to the south is vacant, but is planned for commercial development. To the east,across Etiwanda Avenue,the property has been approved for a 272 multi-family residential development, and c. The application contemplates a condominium subdivision of one lot for the development of 340 apartments on 24.2 acres of land within the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay District of the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard; and d. The proposed project,together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. e. On April 6, 1981,the City Council adopted a General Plan for the City of Rancho Cucamonga, which included a land use designation of Medium Residential (8-14 dwelling units per acre) for the subject property and the surrounding neighborhood. f. According to the Fire Marshal of the Rancho Cucamonga Fire Protection District the proposed project will benefit the community by eliminating a fire hazard (grass fields) and install a water supply and fire hydrant system. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The tentative tract is consistent with the General Plan,the objectives of the Development Code, and any applicable specific plans; and b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the tentative tract is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or the habitat; and e. The design of the tentative tract is not likely to cause serious public health problems; and NO ACTION TAKEN Resolution No. 02-071 APPEAL WITHDRAWN Page 3 of 4 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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above,this Council hereby denies the appeal, upholds the action of the Planning Commission, and approves the application subject to all conditions of approval contained in the Planning Commission Resolution Nos. 02-17 and 02-18, attached hereto. 5. This Council hereby provides notice to Forecast Corporation 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. 6. The City Clerk of the City of Rancho Cucamonga 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 Forecast Corporation at the address identified in City records. PASSED, APPROVED, AND ADOPTED this 20`" day of March 2002. AYES- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NOES- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ABSENT- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ABSTAINED- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - William J. Alexander, Mayor ATTEST: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Debra J. Adams, CMC, City Clerk Resolution No. 02-071 NO ACTION TAKEN Page 4 of 4 APPEAL WITHDRAWN 1, DEBRAJ.ADAMS, CITY CLERK of the Cityof Rancho Cucamonga, California,do hereby certify that the foregoing Resolution was duly passed, 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 20`h day of March 2002. Executed this 21 s`day of March 2002, at Rancho Cucamonga, California. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Debra J. Adams, CMC, City Clerk