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HomeMy WebLinkAbout97-030 - ResolutionsRESOLUTION NOT APPROVED RESOLUTION NO. 97-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE DESIGN REVIEW FOR VESTING TENTATIVE TRACT MAP NO. 15766, A CONDOMINIUM SUBDIVISION OF ONE LOT FOR 264 APARTMENTS ON 22.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) WITHIN THE VICTORIA PLANNED COMMUNITY, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 800 FEET WEST OF VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227- 091-14 & 15 AND 227-111-12 & 13. Recitals. 1. Mark Taylor, Inc. has filed an application for the Design Review of Vesting Tentative Tract Map No. 15766, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application." 2. On October 1 and December 10, 1996, neighborhood meetings were conducted by the applicant to explain the proposed project to area residents and solicit their input. 3. On November 13, 1996, and continued to January 8, 1997, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed public hearings on the application. Following conclusion of said hearings, the Planning Commission adopted its Resolutions 97-01 and 97-02 approving the application. 4. The decision represented by said Planning Commission Resolutions was timely appealed to this Council. 5. On March 5, 1997, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. occurred. All legal prerequisites prior to the adoption of this Resolution have B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: Resolution No. 97-030 Page 2 RESOLUTION NOT APPROVED 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 5, 1997, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: The application applies to property located on the north side of Base Line Road, approximately 800 feet west of Victoria Park Lane, on property zoned for Medium Residential (8-14 dwelling units per acre), with a street frontage of 800 feet and lot depth of 1,100 feet and which presently contains an abandoned vineyard; and The property to the north of the subject site is a 40-foot wide strip of vacant land known as "Railroad Avenue South" proposed to be vacated, to the north of Railroad Avenue South is an unused rail corridor that is 100 feet wide, and beyond are single family homes; the property to the south consists of a winery; the property to the east contains apartments and a shopping center; and the property to the west has a mini-storage facility; and Go The application contemplates the development of 264 condominium units, which the applicant has stated are intended to be rented as apartments for an undetermined length of time, at a density of 11.9 dwelling units per acre; and The project is proposed to include a vacant parcel owned by the City's Redevelopment Agency along the easterly boundary, which includes an easement for a rail spur proposed to be vacated; and So The project design includes a 7-foot high sound attenuation wall along Base Line Road consistent with the acoustical analysis (Bricken, August 22, 1996); and The project design is consistent with the Victoria Community Plan including, but not limited to, the use of the Victoria Community Plan's theme wall treatment along Base Line Road; and The vacation of Railread Avenue South and the east collector street, known as Hanley Avenue, is consistent with the General Plan; and The project design includes a private drainage system to collect all surface water runoff into catch basins that will connect with the public storm drain system; and The affected school districts have submitted written comments consistent with the recommended conditions of approval requiring the developer to participate in the high school Mello-Roos District and payment of school fees to the elementary school district; and RESOLUTION NOT APPROVED Resolution No. 97-030 Page 3 The application, as proposed, conforms with the City of Rancho Cucamonga's General Plan, Victoria Community Plan, and Development Code: (1) The proposed density of 11.19 dwelling units per acre is consistent with the City of Rancho Cucamonga's General Plan and the Victoria Community Plan designation of Medium Residential (8-14 dwelling units per acre); and (2) The site plan arrangement provides a compatible transition of unit type and density from single family residential areas. The subject property is physically separated from single family residential areas by an unused rail corridor that is 100 feet wide. The site plan has been designed with buildings having a minimum 200-foot setback from the nearest single family residence and pad grades 11- 12 feet lower than the single family residences to the north; and (3) The project design includes a minimum 20-foot landscape buffer and 6-foot high decorative wall around the perimeter; and (4) The project design meets or exceeds all development standards, including 57 percent common open space and 58 percent usable open space. 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. That the proposed project is consistent with the General Plan; and The proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and Go The proposed design is in compliance with each of the applicable provisions of the Development Code; and The proposed design, 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 and a mitigated Negative Declaration has been prepared for Vesting Tentative Tract 15766 and adopted by separate Resolution of this Council. 4. This Council hereby provides notice to Mark Taylor, Inc. 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. Resolution No. 97-030 Page 4 RESOLUTION NOT APPROVED 5. 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 Mark Taylor, Inc. at the address identified in City records. 6. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 above, this Council hereby approves the application subject to the conditions contained in Planning Commission Resolution No. 97-02.