Loading...
HomeMy WebLinkAbout88-075 - Resolutions RESOLUTION NO. 88-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCMO CU CAMONGA, CALI FO RNIA, MD DI FYING AND APPROVING THE GONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 87-05 TO ALLOW THE DEVELOPMENT OF A 4,900 SQUARE FOOT SANCTUARY BUILDING AND OPERATION OF AN EXTENDED DAY NURSERY AND PRES(~OOL ON 5 ACRES OF LAND IN THE VERY LOW DENSITY RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED AT 6723 ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) Rev. Richard A. Nelson, on behalf of Cross and Crown Lutheran Church, has filed an application for approval of Conditional Use Permit 87-05, described above in the title of this Resolution. Hereafter, in this Resolution, the subject Conditional Use Permit request is referred to as "the Conditional Use Permit". (ii) On November 25, 1987, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the Conditional Use Permit, and following the conclusion of said hearing, adopted their Resolution No. 87-209 thereby approving the Conditional Use Permit. (iii) The applicant has filed a timely appeal of the approval represented in said Resolution No. 87-209 on the basis of two (2) Conditions contained in said Resolution. The Conditions appealed are described as follows: a. Planning Condition No. 3: "The roofing material must be tile. A sample of the material shall be submitted for Planning Division approval prior to issuance of building permits." b. En~ineerin~ Condition No. 3: "Vista Street abutting the east property line of the project site shall be completed with a temporary cul-de-sac, 18-foot radius, within the existing street width, designed to the satisfaction of the City Engineer. (iv) On February 3, 1988, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the appeal of the Conditional Use Permit and, on said date, concluded the public hearing. (v) All legal prerequisites to the adoption of this Resolution have occurred. Resolution No~ 88-075 Page 2 B. Resolution NOW THEREFORE, IT IS FOUND, DETERMINED AND RESOLVED by the City Council ,f th City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth iF the lecitals, Part A, of this Resolution are true and correct. 2. This Council hereby finds and certifies that the project has been reviewed and ,:onsidered in compliance with the C~lifornia Environmental Quality Act of li970 al~d concurs with the issuance of the mitigated Negative Declaration issued ~n Nov,~ber 25, 1987. 3. Based upon the substantial evidence presented to this Council during the ab(~ve-referenced February 3, 1988, hearing, including written staff reports~ the minutes of the above-referenced November 26, 1987, Planning Commission m~:eting and the contents of Planning Commission Resolution No. 87-209,/this ~uncil specifically finds as follows: a. The Conditional Use Permit applies to property located at 6723 Et:iwand~L Avenue within the Very Low Density Residential District (less than 2 dwelli~g units per acre) of the Etiwanda Specific Plan; ! b. The property to the north and south of the subject site is within Low Density Residential District and is currently developed with ~n and Greenhouse facility and a single family residence, res' r. The property to the east and west is within the Low Density Resident .strict and is currently developed with single family housing to the .s vacant to the west; ] c. The Gonditional Use Permit contemplates the development of a sanctua~-- bui%ding and classroom building and is permitted with the approval of a ConditionaI Use Permit within the Very Low Density Residential District of the Eti~anda Specific Planl iId. The requirement of the Planning Commission Resolution No. 87-209 ~Condi ion No. 3 - Engineering Division) that the developer shall complet~ Vist. ~ Street, which abutts the east property line of the project site, with a ~empor. Lry cul-de-sac, 18-foot radius, within the existing street width, is modified t ~ require the payment of an in-lieu fee to the satisfaction of the City Engineer in the amount of cost to construct a straight curb across the west terminus (curb to curb) of Vista Street. The amount is to be held in an account ! for the Local Street Rehabilitation project, Etiwanda Area I, to be used t~ corel a portion of the cost for the City project to construct the modifie~ turn ~round at said location; e. The requirement of Planning Commission No. 87-209 (Condition No. 3 - Plann~.ng Division) that the developer must provide roofing material of tile co~tinue~l to be an important and necessary condition in furtherance of the grantln~ of ~ihe subject Conditional Use Permit. The requirement is consistent with th~ integer of the current policy which requires concrete or clay roofing for any new p~'ojects in residential areas; Resolution No. 88-075 Page 3 !. The Conditional Use Permit request as specified will not contradi~ goals or objectives of the General Plan, Development Code or Etiwanda ~ic P)an of the City of Rancho Cucamonga and would not promote a detrimenl ~dition to the persons or properties in the immediate vicinity of the subj~ e. 4. Based upon the substantial evidence presented to this Council during the abo~e-referenced public hearing and upon the specific findings of facts set fortt in paragraph 1, 2 and 3 above, this Council hereby finds and concludes~ as ~ a. The Conditional Use Permit is consistent with the General Plan, DeVelopment. Code and Etiwanda Specific Plan of the City of Rancho Cucamonga~ b The design or improvements of the Conditional Use Permit is consistent wit~ the General Plan, Development Code and Etiwanda Specific Plan 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 development is not likely to cause substantial environmental damage or avoidable injury to humans or wildlife or their hab~tat;e~ The development is not likely to cause serious health problems;!and f The design of the development will not conflict with any easement acquir!d by the public at large, now of record, for access through or use of the prop~rty within the proposed subdivision. 15. B~sed upon the findings and conclusions set forth in paragraphs 1, 2, 3 a~d 4 alcove, this Council hereby approves the Conditional Use Permit subject 4o all. of the Conditions set forth in Planning Commission Resolution No. 87-209 (a ,:opy of which is attached hereto and marked as Exhibit "A") with the specific ~:ception that Condition No. 3 - Engineering Division shall be replaced ~o rea~ as follows: a, An in-lieu fee in the amount of cost to construct a straight curb across the west terminus (curb to curb) of Vista Street shall be paid to the satis~actiol of the City Engineer prior to issuance of a building permit. !6. ~e Council hereby provides notice to Rev. Richard A. Nelson of the Cross,nd Cl'own Lutheran Church, that the time within which judicial review of the ~.cisi¢,n represented by this Resolution must be sought is governed by the provisions ¢.f California Code of Civil Procedure Section 1094.6. t. ]~e City Clerk is hereby directed to: (a) certify to the adoption o thi~: Resolution, and (b) forthwith transmit certified copy of this Resolution, by (~rtified Mail, Return Receipt Requested, to Rev. Richard A. Nelson at ~is a~dress as per City records. Resolution No. 88-075 Page 4 PASSED, APPROVED, and ADOPTED this 17th day of February, 1988. AYES: Brown, Buquet, Stout, Wright, King NOES: None AB SENT: None Dennis L. Stout, Mayor ATTEST: Beverly ~. Authelet, 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 17th day of February, 1988. Executed this 18th day of February, 1988 at Rancho Cucamonga, California. B~verly ~. Authelet, City Clerk Resolution No. 88-075 EXHIBIT "A" Page 5 RESOLUTION NO. 87-209 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 87-05 FOR A PROPOSAL TO BUILD A 4,900 SQUARE FOOT SANCTUARY BUILDING AND A 2,300 SQUARE FOOT OFFICE AND CLASSROOM BUILDING; AND OPERATE AN EXTENDED DAY NURSERY AND PRESCHOOL ON 5 ACRES OF LAND IN THE VERY LOW DENSITY RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN LOCATED AT 6722 ETIWANDA AVENUE - APN 227- 061-03 A. Recital s. (i) Cross and Crown Lutheran Church has filed an application for the issuance of the Conditional Use Permit No. 87-05 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 the 25th of November, 1987, the Planning Conmni ssi on 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 hearing on NovemOer 25, 1987,.including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 6723 Etiwanda Avenue with a street frontage of 331.18 feet and lot depth of 662.70 feet and is presently improved with rock curb which must be restored per the Etiwanda Specific Plan; and (b) The property to the north of the subject site is a garden/greenhouse facility, the property to the south of that site consists of rural single family residences, the property to the east is existing single family residential, and the property to the west is vacant parcels. PLANNING COMMISSION RESOLUTION NO. CUP 87-05 - CROSS & CROWN LUTHERAN CHURCH November 25, 1987 Page 2 Resolution No. 88-075 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 paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use is in accord with the Etiwanda Specific Plan and General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That 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. (c) That the proposed use complies with each of the applicable provisions of the Development Code and the Etiwanda Specific Plan. 4. This 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. 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 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. Plannin9 Division (1) The perimeter block wall shall be constructed at the north and south property lines to the point where Phase I development ends. Any future development of the site will require extension of the perimeter block wall. (2) All windows of each building shall be multi-paned. (3) The roofing material must be tile. A sample of the material shall be submitted for Planning Division approval prior to issuance of building permits. (4) The applicant shall submit for Planning Division approval samples of siding and rock prior to issuance of building permits. Also, the applicant shall prepare a test panel of the rock veneer for review _by the Planning Division during construction to verify quality of rock material and workmanship. PLANNING COMMISSION RESOLUTION NO. CUP 87-05 - CROSS & CROWN LUTHERAN CHURCH Resolution No. 88-075 November 25, 1987 Page 7 Page 3 Engi neeri nO Di vi si on (1) The existing curb and gutter on Etiwanda Avenue shall be removed and replaced per City Standard for Cobble Curb and Gutter (No. 307). (2) The existing overhead utilities (telecommunications and electrical) on the project side of Etiwanda Avenue shall be undergrounded from the first pole off site north of the project's north boundary to the first pole off site south of the project's south boundary, prior to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. (3) Vista Street abutting the east property line of the project site shall be completed with a temporary cul-de-sac, 18 foot radius within the existing street width, designed to the satisfaction of the City Engineer. 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF NOVEMBER, 1987. PLANNING COI~ISSION OF THE CITY OF RANCHO CUCAMONGA La~-ry T. McNler, chairman ATTE ST :~,y I, Brad Buller, Deputy 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 25th day of November, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, BLAKESLEY, EMERICK NOES: COI~ISSIONERS: NONE ABSENT: ~COMMISSIONERS: TOLSTOY