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HomeMy WebLinkAbout13-019 - Resolutions RESOLUTION NO.13-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE JOHNSTON HOUSE AGREEMENT OF PURCHASE AND SALE DRC2013-00107, LOCATED AT 6998 ETIWANDA AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1089-081-20. A. Recitals. 1. The City of Rancho Cucamonga filed an application for the approval of the Johnston House Agreement of Purchase and Sale DRC2013-00107, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Agreement of Purchase and Sale is referred to as "the application." 2. On the 20th day of February 2013, the City Council of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 3. 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 City 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 City Council during the above-referenced meeting on February 20, 2013, including written and oral staff reports, this City Council hereby specifically finds as follows: a. The application applies to two buildings located at 6998 Etiwanda Avenue, commonly referred to as the Johnston House, but not the land itself; and b. The Johnston House site has a lot width of 146 feet and a lot depth of 312 feet and is presently improved with the Johnston House, 6 out buildings, and various concrete slabs; and C. The property to the north of the subject site contains an existing single-family house (the Pearson House, and Potential Local Landmark) and a vineyard, the property to the south contains existing residential land uses, the property to the east contains a school, and the property to the west contains a vineyard; and d. On December 14, 2011, the Planning Commission approved Tentative Tract SUBTT18819 for the subdivision of 10.6 acres into 17 residential lots, and Development Review DRC2011-00629 for the design review for 16 homes; and e. The applicant of Tentative Tract SUBTT18819 proposed the relocation of the Johnston House and office to Lot 17 within the subdivision to mitigate the environmental effects associated with the development of the project site, and f. Planning Commission Resolution (No. 11-66) required the applicant to submit an application for the relocation of the Johnston House and office. The application was to consider an Agreement of Purchase and Sale of Lot 17 within SUBTT18819 for the relocation of the Johnston House and office; and g. The City of Rancho Cucamonga does not have funds available for the purchase of a residential valued lot within a subdivision for the relocation of the Johnston House and office; and h. The City of Rancho Cucamonga prepared, and the applicant accepted, the draft Agreement of Purchase and Sale, and in consideration of $1.00, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, for the sale of the Johnston House and office. i. The City of Rancho Cucamonga is negotiating with the Etiwanda Historical Society to amend the Chaffey-Isle House lease agreement to accept the relocation of the Johnston House and office. 3. Based upon the substantial evidence presented to this City Council during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code; and d. The proposed use, 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. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQK) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration in December 2011 in connection with the City's approval of Tentative Tract SUBTT18819. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Resolution No. 13-019 - Page 2 of 4 b. The City Council finds, in connection with the Johnston House Agreement of Purchase and Sale DRC2013-00107, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The application proposes the acquisition of the Johnston House and office and their relocation approximately 500 feet from the current location, maintaining the original solar orientation of the structures. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The application proposes the acquisition of the Johnston House and office at a new location, which will provide a suitable location for the restoration of the structures. C. Based on these findings and all evidence in the record, the City Council concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of DRC2013-00107. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission 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. Planning Department 1) The Johnston House Agreement of Purchase and Sale is contingent upon the successful renegotiation of the Chaffey-Isle House lease agreement between the City of Rancho Cucamonga and the Etiwanda Historical Society to accept the Johnston House and office at the Chaffey-Isle House property located at 7086 Etiwanda Avenue. Should the City of Rancho Cucamonga and the Etiwanda Historical Society fail to reach agreement on the relocation of the Johnston House and office, the applicant will be responsible for the restoration of the Johnston House and office within the limits of Tentative Tract 18819, or at a different suitable location. 6. The Clerk to this City Council shall certify to the adoption of this Resolution. please see the following page for formal adoption,certification and signatures Resolution No. 13-019 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 20'" day of February 2013. AYES: Alexander, Michael, Steinorth, Williams NOES: None ABSENT: Spagnolo ABSTAINED: None L. Dennis Michael, Ma or ATTEST: nice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, 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 20th day of February 2013. Executed this 21 s'day of February 2013, at Rancho Cucamonga, California. bf&.'V. r•/CZ ice C. Reynolds, Clerk Resolution No. 13-019 - Page 4 of 4 Page 1 of 2 Gonzales, Jennifer From: Grahn, Tom Sent: Monday, February 25, 2013 10:16 AM To: Gonzales, Jennifer Subject: RE: Attachments for Resolution 13-019, Johnston House My error. There were no attachments. -Tom Grahn From: Gonzales, Jennifer Sent: Monday, February 25, 2013 10:09 AM To: Grahn, Tom Subject: Attachments for Resolution 13-019, Johnston House On page 3 section 5 of your reso you mention Standard Conditions "attached hereto" but I do not have any attachments to this reso. Please advise. Thank you. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission 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. Planning Department 1) The Johnston House Agreement of Purchase and Sale is contingent upon the successful renegotiation of the Chaffey-Isle House lease agreement between the City of Rancho Cucamonga and the Etiwanda Historical Society to accept the Johnston House and office at the Chaffey-Isle House property located at 7086 Etiwanda Avenue. Should the City of Rancho Cucamonga and the Etiwanda Historical Society fail to reach agreement on the relocation of the Johnston House and office, the applicant will be responsible for the restoration of the Johnston House and office within the limits of Tentative Tract 18819, or at a different suitable location. 6. The Clerk to this City Council shall certify to the adoption of this Resolution. 2/25/2013