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HomeMy WebLinkAbout89-571 - Resolutions RESOLUTION NO. 89-571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP, NUMBER 14263, TO PERMIT A RESIDENTIAL SUBDIVISION OF 32 CONDOMINIUM UNITS ON 3.35 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT AND LOCATED ON THE WEST SIDE OF CARNELIAN STREET AT VIVERO STREET, RANCHO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS AND SUPPORT THEREOF A. Recital s. (i) E.G.M. Development has filed a request for Tentative Tract Map, Number 14263, described above in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request, is referred to as "The Tentative Tract." (ii) On October 25, 1989, the Planning Commission of the City of Rancho Cucamonga conducted a hearing on the subject matter of the Tentative Tract and, following the conclusion of said hearing, adopted their Resolution No. 89-135 thereby approving the Tentative Tract. (iii) Councilmember Buquet filed a timely appeal of the Tentative Tract approval represented in said Resolution No. 89-135 because of a concern for the impact of on-site construction traffic on Carnelian Street, an existing arterial street. (iv) On November 15, 1989, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the appeal of the Tentative Tract and, on said date, concluded the public hearing. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resol uti on. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve 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. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and concurs with the issuance of the mitigated Negative Declaration issued on October 25, 1989. 3. Based upon the substantial evidence presented to this Council during the above-referenced November 15, 1989, hearing, including written staff reports, the minutes of the above-referenced October 25, 1989, Planning Commission meeting and the contents of Planning Commission Resolution No. 89-135, this Council specifically finds as follows: Resolution No. 89-571 Page 2 a. The Tentative Tract applies to property located on the west side of Carnelian Street at Vivero Street within the Medium Residential Development District. The northern half of the subject site contains three single family residential structures and a detached garage which will be demolished. The southern half of the subject site is currently vacant and unimproved; b. The properties surrounding the 'subject site have the following land use designations and are developed as noted: North - Medium Residential - Single Family Residential South - Flood Control - Vacant East - Low Residential - Single Family Residential West - Flood Control - Cucamonga Creek Channel c. The Tentative Tract contemplates the subdivision of the subject site into thirty-two (32) condominium lots. Such a subdivision as is contemplated is permitted within the Medium Residential Development District and such a dwelling unit density as is contemplated is permitted pursuant to the density standards of the Development Code of the City of Rancho Cucamonga; d. The Development as specified will not contradict the goals of objectives of the General Plan or Development Code of the City of Rancho Cucamonga and would not promote a detrimental condition to the persons and properties in the inmediate vicinity of the site; e. The Carnelian Street improvements, including the traffic signal, shall be substantially complete and operational prior to commencement of on-site construction in order to minimize potential traffic conflicts within Carnelian Street; 4. Based upon the substantial evidence presented to the Council during the above-referenced public hearings and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: a. The Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho Cucamonga; b. The design or improvements of the Tentative Tract are consistent with the General Plan and Development Code of the City of Rancho Cucamonga; c. The subject site is physically suitable for the type of development proposed; d. The design of the proposed subdivision is not likely to cause substantial environmental damage or avoidable injury to humans or wildlife or their habitat; Resolution No. 89-571 Page 3 e. The Tentative Tract is not likely to cause serious health problems; and f. The design of the Development 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. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3 and 4 above, this Council hereby approves Tentative Tract Map, Number 14263, subject to all the conditions set forth in Planning Commission Resolution No. 89-135 (a copy of which is attached hereto and marked as Exhibit "A") and inclusion of an additional condition as agreed to by the Developer to read as follows: The public street improvements on Carnelian Street shall be constructed, and the traffic si gnal at the intersection of Vivero and Carnelian Streets operational, prior to the issuance of building permits. 6. This Council hereby provides notice to E.G.M. Development 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. 7. The City Clerk 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 E.G.M. Development at their address as per City records. PASSED, APPROVED, and ADOPTED this 6th day of December, 1989. AYES: Alexander, Buquet, Brown, Stout, Wright NOES: None ABSENT: None Dennis L. Stout, Mayor ATTEST: Resolution No. 89-571 Pa ge 4 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 6th day of December, 1989. Executed this 7th day of December, 1989 at Rancho Cucamonga, California. D~6ra J. A~ms~ Resolution No. 89-571 Pa ge 5 EXHIBIT "A" RESOLUTION NO. 89-135 A RESOLUTION OF THE PLANNING COIv~IISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING TENTATIVE TRACT NO. 14263 ANO RELATED TREE REMOVAL PEqMIT 89-58, FOR THE DEVELOPMENT OF 32 CONOOMINIUM UNITS ~,t 3.35 ACRES OF LAND LOCATED ON THE WEST SIDE OF CARNELIAN STREET AT VIVERO STREET IN THE MEDIUM RESIDENTIAL DISTRICT {8-14 DWELLING UNITS PER ACRE) A~ THE FLO00 CONTROL DISTRICT (A PROPOSED MEDIUM RESIDENTIAL DISTRICT), ANO MAKING FI~INGS IN SUPPORT THEREOF - APN: 207-022-54 A~ 64. A. Recitals. (il E.G.M. Development has filed an application for the approval of Tentative Tract Map No. 14263 as described in the title of th is Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application". (ii) On the 11th of October, 1'989, and continued to October 25, lg89, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal Prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 substantial evidence presented to this Commission during the above-referenced public hearings on October 11, lg8g, and October 25, lg8g, including written and oral staff reports, together with public testimony,'thts Commission hereby specifically finds as follows: (al The application apl)lies to prol)erty located on the west side of Carnelian Street at' Vlvero Street with a street frontage of 634. feet and lot depth of 346 feet at the north end and 115 feet at the south end, and The northern half of the l)roJect site is Presently improved with three (3~b~tngle family ho~s and one {l) garage, the southern half of the project site is vacant; and {c) The property to the north of the Project site contains single family homes, the property to the south is vacant, to the east are single family homes, and to the west is the Cucmmonga Creek Channel. Resolution No. 89-571 Page 6 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above this Commission hereby finds and concludes as follows: ' (al The tentative tract will be consistent with the General Plan, Development Code, and specific plans; and {b) The design or improvements of the tentative tract will be consistent with the General Plan, Development Code, and specific plans; and proposed; and {c) The site is physically suitable for the type of development {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 {el The tentative tract is not likely to cause serious public health problems; and {fl l'he 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. l'his Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. S. 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 attached Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division: (1) The applicant shall provide for a future trail connection to the Cucamonga Creek Channel. This shall include a pedestrian connection leading from the project site to the west property ltne~ however, the access point shall be gated and locked until such time as an agreement is made between the City, the Corps of Engineers, and the Flood Control District which will allow for an extension of the regional trail system adjacent to this site. The connection shall be designed to the satisfaction of the City Planner and City Engineer prior to the issuance of building permits. Resolution No. 89-571 Pa ge 7 {2} Landscaping along the west side of Carnelian Street shall conform to the Carnelian Street Beautification Concept and shall be subject to review and approval by the City Planner and the City Engineer prior to the issuance of building permits. ,F3) A final acoustical analysis shall be prepared for review and approval by the City Planner prior to the issuance of building permits. Should the acoustical analysis recommend the construction of a sound retention wall along Carnelian Street, the design of the wall shall be approved by the Design Review Committee prior to the issuance of building permits. (4) Tree Removal Permit 89-58 is approved as follows: {a) Trees No. 3, 4, 6-14, I6, 17 20, and 39 shall be preserved in place. ' {b) Trees No. 1, 2, 5, 15, 19, 22-31, 33, and 40 shall be preserved by transplanting elsewhere on the site. {c) Trees No. 18, 21, 32, 38, and 41-43 shall be removed and replaced with the largest nursery grown stock available, as determined by the City Planner. {d) Trees No. 34 and 35 shall be preserved in place or transplanted elsewhere on site. {e) The location of all trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. {f) The applicant shall follow all of the arborist's recoflmnendations regarding preservation or transplanting measures. (g) Those trees required to be preserved in place shall be protected in accordance with Municipal Code Section 19.08.110. Prior to the recordation of the final map or the issuance of building permits, whichever comes first, the applicant shall consent to, or participate in, the establishment of a Mello-Roos Coflwnuntty Facilities District pertaining to the project site to provide in conjunction with the applicable School District for the construction and maintenance of necessary school facilities. However, if, any School District has previously established such a Comnuntty Facilities District, the applicant shall, in the the alternative, consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits, whichever comes first. Resolution No. 89-571 Pa ge 8 Further, if the affected School District has not formed a Mello- Roos Community Facilities District within twelve months of the date of approval of the project and prior to the recordation of the final map or issuance of building permits for said project, this condition shall be deemed null and void. If the developer and any affected school districts reach a private agreement, this condition shall be deemed null and void. {6) This approval is specifically contigent upon approval of General Plan Amendment 89-02A and Development District Amendment 87-12, a change in density from Flood Control to Medium Residential (8-14 dwelling units per acre). Engineering Division: {1) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities {telecommunication and electrical except for the 66ky electrical) on the opposite side of Carnelian Street shall be paid to the City prior to approval of the Final Map. The fee shall be ~ne-half the City adopted unit amount times the length of the project frontage. (2) The existing overhead utility service lines crossing Carnelian Street shall be undergrounded, or eliminated. (3) Street improvements on the west side of Carnelian Street north and south of the project site shall be constructed generally in conformance with the preliminary traffic plan dated June 15, 1988, as approved by the City Engineer. (4) Construct a right turn pocket north of the project driveway on Carnelian Street which is eleven {11) feet wide and 230 feet long, including the taper. Install a catch basin north of the right turn pocket with sufficient capacity to offset the decreased capacity caused by the encroachment of the driveway into the existing channel. The right-of-way line shall parallel the curb line seven {7) feet behind the curb face. The sidewalk shall be located at least five ($) feet behind the curb. {5) The project driveway shall be redesigned without a gated entry. Either combine the two driveway medians into one continuous one or delete them. Provide straight curb lines on both the north and south edges of the entry drive aisle. {6) Install a traffic signal at the intersection of Vivero Street and Carnelian Street. The developer shall receive Systems Development Fee credit and reimbursement for seventy-five (75) percent of the cost of the signal, if approved by City Council. Resolution No. 89-571 Pa ge 9 (7) The Carnelian Street sidewalk shall be property line adjacent. ~,8) An in-lieu fee as contribution to the future reconstruction of improvements on the west side of Carnelian Street south from the project entrance to the existing curb and gutter terminus shall be paid to the City prior to the issuance of building permits or Final Map approval, whichever occurs first. (9) Flood protection measures shall be provided along Carnelian Street generally as recommended in the preliminary Flood Report and as verified by a Final Flood Report approved by the City Engineer. !10) It shall be the developer's responsibility to have the current FIRM Zone A designation removed for the project area. The developer's engineer shall prepare all necessary reports, plans, hydraulic/hydrologic calculations, etc. Preliminary approval shall be obtained from FEMA prior tO approval of the record map or issuance of building permits, whichever occurs first. The designation shall be officially removed prior to occupancy or improvement acceptance, whichever occurs first. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF OCTOBER, 1989. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAHONGA BY: AT I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 2Sth day of October 1989, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MC NIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BLAKESLEY