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HomeMy WebLinkAbout03-006 - Resolutions RESOLUTION NO. 03-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT SUBTT15724, A RESIDENTIAL SUBDIVISION ON 9.05 ACRES OF LAND INTO 1 LOT FOR CONDOMINIUM PURPOSES, AND 1 LETTERED LOT FOR INGRESS/EGRESS, IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), WITH DEVELOPMENT PROPOSED IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE SOUTH SIDE OF TERRA VISTA PARKWAY EAST OF COYOTE CANYON PARK, AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1077-831-32 A. RECITALS. 1. KB HOME filed an application for the approval of Tentative Tract SUBTT15724, 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 13, and continued to December 11, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Following conclusion of said hearing, the Planning Commission adopted Resolution No. 02-113 recommending approval of Tentative Tract SUBTT15724. 3. On the 15'" day of January 2003, the City Council of the City of Rancho Cucamonga conducted their review of Tentative Tract SUBTT15724. 4. All legal prerequisites prior to the adoption of this resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 meeting on January 15, 2003, including written and oral staff reports, this Council hereby specifically finds as follows: Resolution No. 03-006 Page 2 of 7 a. The application applies to property located on the south side of Terra Vista Parkway with a street frontage of 487.22 feet, and on the north side of Mountain View Drive with a street frontage of 613.59 feet, immediately east of Coyote Canyon Park, both Terra Vista Parkway and Mountain View Drive are presently improved with curb, gutter, and street pavement; and b. The property to the north of the subject site is single-family residential including attached single-family structures; the property to the south consists of single-family residential at a density of 18.9 dwelling units per acre; the property to the west is Coyote Canyon Park and multi-family apartment dwellings; and the property to the east is single-family residential at a density of 7.7 dwelling units per acre; and c. The tentative map contains 1 lot for condominium purposes and 1 lot for ingress/egress; and d. The project is located in the Low-Medium Residential District (4-8 dwelling units per acre); however, the proposed density of 8.6 dwelling units per acre is within the Medium Residential District (8-14 dwelling units per acre) of the Terra Vista Community Plan. This flexibility is allowed in the Terra Vista Community Plan subject to review and approval of the Planning Commission and City Council. The standards of the Medium Residential District shall apply to the proposed development; and e. The proposed project conforms to the standards and regulations of the Development Code, as well as the Terra Vista Community Plan, in terms of setbacks, building separation, parking, and the provision of recreational amenities as noted in the staff report; and f. The proposed project and the intended use, together with all Conditions of Approval will not be detrimental to public health, safety or welfare, or materially injurious to properties or improvements adjacent to the site. 3. Based on the substantial evidence presented to the 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. That the tentative tract is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and c. The site is physically suitable for the type of development proposed; and Resolution No. 03-006 Page 3 of 7 d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract is not likely to cause serious public 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. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral staff reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends adoption of a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, 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 City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed below as Conditions of Approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council 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 the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the meeting, the City Council 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. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Resolution No. 03-006 Page 4 of 7 Planning Division 1) The approval of Tentative Tract Map SUBTT15724 is subject to the approval of the Terra Vista Community Plan Amendment DRC2002-00533, resulting in the land use amendment from Elementary School (E) to Low-Medium Residential (LM). 2) The final map(s) shall utilize the tentative tract number (e.g., 15724-1, 15724-2, etc.). 3) The final map(s) shall utilize the tentative tract number (e.g., 15724-1, 15724-2, etc.). Engineering Division 1) Terra Vista Parkway frontage improvements shall be completed in accordance with the City "Secondary Arterial' standards: a) Reconstruct a commercial drive approach for project entry. Remove unused drive approaches and replace sidewalks and street trees. b) Complete the construction of raised median, between Greenwich Place and the easterly boundary of the project. 2) Mountain View Drive frontage improvements shall be completed in accordance with the City "Collector Street' standards: a) Install commercial drive approach for the project entry. Remove unused drive approaches and replace sidewalks and street trees. b) Provide a pedestrian activated in-street flashing crosswalk at mid-block trail crossings of Mountain View Drive. 3) Protect existing curb and gutter, sidewalk, street trees, streetlights and R26 signs, or repair/replace as needed. 4) Install manhole at public/private junction in storm drain system. 5) Revise existing Landscape Maintenance District plans for trail in Lot A to indicate proposed fencing along tract boundary and any gate therein. Resolution No. 03-006 Page 5 of 7 Environmental Mitigation Water 1) Prior to issuance of grading permits, the applicant shall prepare a Storm Water Pollution Prevention Plan that identifies Best Management Practices to be implemented during the period the site is under construction. BMP's shall be identified on the Grading Plans for review and approval by the Building Official. Air Quality 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 2) Terra Vista Parkway shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PM10 emissions from the site during such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 5) The construction contractor shall select the construction equipment used on-site based on low emission factors and high-energy efficiency. The construction contractor shall ensure the Construction Grading Plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturers' specifications. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. Resolution No. 03-006 Page 6 of 7 Noise 1) During all project site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers standards. 2) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise and the noise-sensitive receptors nearest the project site during all project construction. 4) During all project site construction, the construction contractor shall limit all construction related activities that would result in high noise levels to between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday. No construction shall be allowed on Sundays and public holidays. 6. The Secretary to this Council shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 03-006 Page 7 of 7 PASSED, APPROVED, AND ADOPTED this 15'" day of January 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth NOES: None ABSENT: Williams ABSTAINED: None William J lexander, Mayor ATTEST: bra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK 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 Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 15'" day of January 2003. Executed this 16'" day of January 2003, at Rancho Cucamonga, California. Debra J. Adams, MC, City Clerk