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HomeMy WebLinkAbout88-043 - Resolutions RESOLUTION NO. 88-043 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 87-16 TO ALLOW THE DEVELOPMENT OF AN 8.2 ACRE INTEGRATED SHOPPING CENTER, CONSISTING OF FOUR (4) RETAIL BUILDINGS TOTALING 87,581 SQUARE FEET, ON PROPERTY WITHIN THE FOOTHILL SPECIFIC PLAN, COMMUNITY COMMERCIAL DISTRI6T, AND LOCATED ON TEE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND HELLMAN AVENUE IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT TEEREOF A. Recitals. (i) NU WEST COMMERCIAL DEVELOPMENT CORPORATION has filed an application for the issuance of a Conditional Use Permit, No. 87-16, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the "Application". (ii) On November 10, 1987, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Application and, at the request of adjacent residents and with the consent of the applicant, continued the public hearing to December 9, 1987. (iii) Following the conclusion of the continued public hearing of December 9, 1987, the Planning Commission of the City of Rancho Cucamonga adopted its Resolution No. 87-211, thereby approving the Application subject to all Conditions and Standard Conditions contained in said Resolution. (iv) The decision represented by said Planning Commission Resolution No. 87-211 was timely appealed to this Council. (v) On January 20, 1988, this Council conducted a duly noticed public hearing with respect to such appeal and concluded said hearing on that date. (vi) Alt legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINEDAND RESOLVED by the City Council of the City of Rancho Cucemonga as follows: SECTION 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. Resolution No. 88-043 Page 2 SECTION 2. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the Environmental Quality Act of 1970. Further, this Council hereby specifically finds that specific changes, alterations, or conditions of approval have been incorporated in the project which mitigate or avoid all significant environmental impacts associated with the project and, further, this Council hereby issues a Negative Declaration. SECTION 3. Based upon substantial evidence presented to this Council during the above-referenced January 20, 1988 public hearing, including written staff reports, public testimony and the contents of Planning Commission Resolution No. 87-211, this Council specifically finds as follows: a. The Application applies to vacant property within the Foothill Specific Plan, Community Commercial District, bounded by Foothill Boulevard, Hellman Avenue and Helms Avenue with a street frontage of 1,535 feet and a lot depth of 612 feet; b. The property to the north of the subject site is within the Foothill Specific Plan, Mixed Use District, and is currently developed with a combination of a motel, mobilehome park, vacant land and single family homes. The property to the south of the subject site is within the Low Residential District and is currently developed with single family homes. The property to the east of the subject site is located within the Foothill Specific Plan, Community Commercial District, and is developed with various commercial/retail buildings. The property to the west of the subject site is within the Medium-High Residential District and Low Residential District and is developed with a combination of apartments and single family homes; c. The project contemplates the construction of an integrated shopping center consisting of four retail buildings totaling 87,581 square feet on approximately 8.2 acres of land. Such a use as contemplated conforms to the General Plan of the City of Rancho Cucamonga and is permissible with the approval of a Conditional Use Permit within the Community Commercial District of the Foothill Specific Plan; d. The development as proposed in the Application will not contradict the goals and objectives of either the Foothill Specific Plan or the Development Code of the City of Rancho Cucamonga, will be well integrated and compatible with the uses in the immediate vicinity of the subject site and will not promote a detrimental condition to persons or property in the immediate vicinity of the subject site. More specifically, the design and improvements contemplated in the Application will be appropriate to the specific proposed location for the following reasons: (i) With the required installation of a 190 foot catch basin on Foothill Boulevard and a 72 inch pipe to connect south along Hellman Avenue, the development of the site will alleviate past problems of excessive surface water flooding to the single family residents to the south of the subject site. Surface water run-off from the structures and parking areas of the subject site are designed to flow towards Hellman Avenue and any such surface water run-off will be inconsequential in comparison to the capacity for water run-off on Hellman Avenue; Resolution No. 88-043 Page 3 (ii) The development of the project pursuant to the application will not result in a confusing or dangerous traffic circulation pattern on Foothill Boulevard since a required raised median island on Foothill Boulevard will limit access to the site from such street to only right hand turn access. Moreover, with the inclusion of specific conditions to prohibit truck traffic and truck parking on Helms Avenue and Devon Street, adjacent to the subject site, the development of the subject site will alleviate an existing proble~ of trucks utilizing the streets to avoid the intersection of Archibald Avenue and Foothill Boulevard. Consequently, with the development of this project, those existing impacts from heavy vehicle traffic for those residents adjacent to the subject site will be reduced; (iii) Any noise generated to adjacent residences as a result of the construction and operation of the project will be minimal with the specific time limitations conditions imposed on the project for operation, delivery and trash pick-up. More specifically, with the design of the project providing additional setbacks at the southerly boundary of the project and the addition of a six foot sound attenuation block wall along the south property boundary line, noise from the proposed project to those residents to the south of the project site will be minimized. Further, noise impacts to those residents south of the subject site will be further reduced with the required inclusion of dense, sound attenuating, landscaping all along the south property line of the project and the fact that such residences are substantially below the grade of the subject site. Finally, the noise of vehicles along the southerly parking and access area of the site will be reduced due to the imposition of the specific condition that such access areas be provided with wrought iron security fencing to be locked during the nighttime hours to restrict access to such areas; (iv) With the specific conditions limiting security lighting posts to a maximum height of 15 feet, together with protective shielding on such light structures and reduced glare high pressure sodium lights, the spillover of light and glare into adjacent residential areas will be minimal; (v) With the inclusion of the specific condition to require security patrols during the nighttime hours, the installation of the six foot block wall, dense landscaping to discourage climbing such block wall, time limitations for service delivery activity and the inclusion of security fencing to prohibit nighttime access, the southerly parking and access area will not become an area for loitering or provide an avenue of entrance for criminal activities to those residents to the south of the project site. SECTION 4. Based upon the substantial evidence presented to this Council during the above-referenced January 20, 1988 public hearing and upon the specific findings of fact set forth in paragraphs 1, 2 and 3, above, this Council hereby finds and concludes as follows: a. The proposed use is in accord with the objectives of the Development code of the City of Rancho Cucamonga and the purposes of the Foothill Specific Plan, community Commercial District, in which the site is located; Resolution No. 88-043 Page 4 b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare and will not be materially injurious to the properties and improvements in the vicinity; and, c. Evidence presented to this Council has identified no substantial potential adverse effects of the design and development specified in the Application. SECTION 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 of the following conditions; and in the Standards Conditions attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Plannin~ Division: (1) The pedestrian connection between Shop "3" and Retail "C" and between Retail "A" and Shop "2" shall have additional pedestrian amenities such as benches, free-standing potted plants and adequate lighting for safety purposes. The building elevations along these two pedestrian connections shall have recessed window areas rather than popped-out window areas. Detailed design shall be submitted for Planning Division review and approval prior to issuance of building permits. (2) All pedestrian pathways and across circulation aisles shall be of textured treatment such a interlocking brick pavers, exposed aggregate or a combination of both. Samples shall be submitted for approval by the Planning Division prior to issuance of building permits. (3) The existing stamped concrete textured pavement in the existing driveway off Helms Avenue shall be replaced with textured material consistent with the shopping center. (4) Pedestrian amenities shall be provided in front of Pad "B". (5) Random stacking of roof tile shall be provided. (6) A significantly greater amount of trees, as well as increased number of box sized trees, shall be planted along Foothill Boulevard. (7) The corner of Foothill Boulevard and Hellman Avenue and along Foothill Boulevard shall have special landscape treatment consistent with the suburban parkway design guidelines of the Foothill Boulevard Specific Plan. The parkway characteristics shall include informal clustering of London Plane trees, California Sycamore and Crape Myrtle, rolling turf berms, undulating sidewalks and hardscape to compliment this informal landscape treatment. Detailed design shall be subject to City Planner review and approval prior to issuance of building permits. Resolution No. 88-043 Page 5 (8) An increased number of trees and box sized trees shall be planted along Hellman Avenue to make up the landscaping along the public right-of-way consisting of a 12 foot wide sidewalk and a 3 foot high flat wall. A landscape mound should be provided up to the 3 foot high flood wall. (9) Within plaza areas, special landscape treatments such as accent trees, specimen size trees and increased number of trees shall be provided. (10) Dense landscaping shall be provided along the entire south property boundary in front of the six foot high block wall with trees, shrubs and appropriate ground cover. In addition, bougainvillea vines or another type of vine that will grow along this entire stretch of block wall shall be planted to discourage graffiti and discourage people from climbing over. (11) All walls such as flood walls, retaining walls, screening walls shall be of decorative design consistent with the architectural style. (12) Dense landscaping should be provided within the 10 foot landscape area along the entire south property boundary with evergreen trees, shrubs and appropriate ground cover. (13) The block wall and landscaping along the south property boundary shall be designed to attenuate noise. An acoustical study shall be submitted to verify noise attenuation for Planning Division review and approval prior to issuance of building permits. (14) Signs shall be conveniently posted along this rear service driveway and parking area for "no overnight parking", and "employee parking only." (15) Ail light pole f~xtures shall not exceed the height of 15 feet measured from the finished grade. Wall mounted lights for the rear elevation shall not exceed 15 feet measured from the finished grade of the parking lot. Ail lighting fixtures shall have shielding mechanisms to prevent light and glare into the southerly properties. (16) A uniform hardscape and street furniture treatment including trash receptacles, free-standing potted plants, bike racks, and light bollards, etc., shall be utilized for the shopping center and shall be designed to be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to issuance of building permits. (17) The site shall be developed and maintained in accordance with the approved site plan which includes architectural elevations, exterior materials and colors, landscaping and grading on file with the Planning Division, the conditions contained herein and Development Code regulations. (18) Provision for security patrol of the shopping center at least three times per evening, seven days per week between the hours of 10:00 p.m. and 6:00 a.m., by a licensed private patrol operator. Resolution No. 88-043 Page 6 (19) The block wall along the south property line and landscaping to the south of said wall shall be required to commence construction prior to forming foundations and shall be completed as soon as physically possible and in no case less than seven (7) days subsequent to the pouring of the first concrete slab for the center. (20) Provisions for the following design features in the trash enclosure to the satisfaction of the City Planner: a. Architecturally integrated into the design of the shopping center. b. Separate pedestrian access that does not require opening the main doors to include self-closing pedestrian door. c. Large enough to accommodate two trash bins. d. Roll-up doors. e. Trash bins with counterweighted lids. f. Architecturally treated overhead shade trellis. g. Chain link screen on top to prevent trash from blowing out of enclosure and designed to be hidden from view. (21) Trash collection shall occur between the hours of 9:00 a.m. and 10:00 p.m. only. (22) Additional landscaping shall be provided along the back of the southerly building adjacent thereto, in a five (5) foot to ten (10) foot deep planter, to include ground cover, 24 inch-box size trees, shrubs, and vines to the satisfaction of the City Planner. (23) Provision for 24 inch-box size evergreen trees along the south property boundary to create a dense buffer. (24) Graffiti shall be removed within 72 hours. (25) The entire site shall be kept free of trash and debris at all times, and in no event shall trash and debris remain for more than twenty-four (24) hours. (26) Wrought iron pedestrian gates shall be installed on the south ends of the breezeways in the southerly building and kept locked after business hours. (27) Provision for additional architectural treatment to the rear elevation of the southerly building to be approved by the Design Review Committee. Resolution No. 88-043 Page 7 (28) All operations and businesses shall be conducted to comply with the following standards, which shall be incorporated into the lease agreement of all tenants: a. Noise Levels. All commercial activities shall not create any noise that would exceed an exterior noise level of 60dBA during the hours of 10:00 p.m. to 7:00 a.m. and 65dBA during the hours of 7:00 a.m. to 10:00 p.m. b. Loading and Unloading. No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10;00 p.m. and 7:00 a.m., unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. (29) Hours of operation shall be restricts to 7:00 a.m. to 11:00 p.m. excluding Pads 'A' and 'B'. (30) Posting signs prohibiting trucks from traveling on Helms, south of Hampshire and on Devon, between Archibald and Hellman to the satisfaction of the City Engineer and in accordance with an ordinance to be enacted by the City Council. (31) Posting signs prohibiting truck and truck trailer parking on Helms, south of Foothill to the satisfaction of the City Engineer. (32) Provision for wrought iron security fencing with gates locked at nighttime to restrict access to the southerly parking area to the satisfaction of the City Planner. Gates must provide a Knox box access for fire and police/sheriff personnel. (33) All roofs shall be designed so that rain water is directed to outlet onto Hellman Avenue. En~ineerin8 Division: (1) Flood protection measures and necessary easements shall be provided as described in the preliminary flood report and as may be required by final flood report to include, but not limited to, a catch basin and storm drain system, flood walls and rolled driveways. (2) The existing overhead utilities (telecommunications and electrical) on the project side of Hellman Avenue shall be undergrounded along the entire project frontage extending to the first pole south of the project (all poles along the project frontages shall be removed) prior to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half of the City adopted cost for undergroundlng from future development and/or redevelopment as it occurs on the opposite side of the street. Resolution No. 88-043 Page 8 (3) "No parking any time" zones shall be provided along Foothill Boulevard and Hellman Avenue to the satisfaction of the City Engineer. SECTION 6. The City Clerk is hereby directed to certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 3rd day of February, 1988. AYES: Brown, Buquet, Stout NOES: Wright, King ABSENT: None D~nnis L. Stout, Mayor ATTEST: Beverly ~. Authalet, City Clerk I, BEVERLY A. AUTHELET, 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 3rd day of February, 1988. Executed this 4th day of February, 1988 at Rancho Cucamonga, California.