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HomeMy WebLinkAbout97-029 - ResolutionsRESOLUTION NO. 97-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING 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), AND THE VACATION OF RAILROAD AVENUE SOUTH AND THE EAST COLLECTOR STREET KNOWN AS HANLEY AVENUE, AND TREE REMOVAL PERMIT 96-13, 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. A. Recitals. 1. Mark Taylor, Inc. has filed an application for the approval of Vesting Tentative Tract Map No. 15766, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Vesting Tentative Tract Map 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. 97-029 Page 2 1. This Council heroby 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 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 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 Victoda Community Plan's theme wall treatment along Base Line Road; and The vacation of Railroad 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 wdtten comments consistent with the recommended conditions of approval requiring Resolution No. 97-029 Page 3 the developer to participate in the high school Mello-Roos District and payment of school fees to the elementary school district; and 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's 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 dudng 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: That the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and Do The design or improvements of the tentative tract are 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 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 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. Resolution No. 97-029 Page 4 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral 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 adopts a mitigated Negative Declaration based upon the findings as follows: That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated therounder; that said 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 Negative Declaration with regard to the application. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. 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 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 substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council dudng the public hearings, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5 (c-l-d) of Title 14 of the California Code of Regulations. 5. This Council heroby 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. 6. The City Clerk of the City of Rancho Cucamonga is heroby 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. 7. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, 5, and 6 above, this Council hereby approves the application, other than design review, subject to the conditions contained in Planning Commission Resolution No. 97-01. The decision of the Planning Commission on design review is reversed and the staff is directed to return the matter to the Planning Commission to consider a design more compatible with the architecture represented in the Etiwanda Specific Plan and the adjacent neighborhood. Resolution No. 97-029 Page 5 ATTEST: AYES: NOES: ABSENT: PASSED, APPROVED, AND ADOPTED this 5th day of March, 1997. Alexander, Biane, Williams Curatalo, Gutierrez None William J. Aley.nder, Mayor J. Adah3~, 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 5th day of March, 1997. Executed this 6th day March, 1997, at Rancho Cucamonga, California.