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HomeMy WebLinkAbout88-097 - Resolutions RESOLUTION NO. 88-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANfMO CUCA~GA, CALIFORNIA, DEN~ING WITHOUT PREJUDICE TENTATIVE TRACT NO. 13579, AN APPLICATION TO APPROVE A MULTI-FAMILY RESIDENTIAL DEVELOPMENT GOMPRISED OF NINE UNITS ON .69 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT AND LOCATED ON THE EAST SIDE OF HELLMAN AVENUE, 325 FEET NORTH OF NINETEENTH STREET, RANCHO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) RICHARD AYOUB has filed an application requesting the approval of Tentative Tract No. 13579 described above in the title of this Resolution. Hereinafter in this Resolution, the subject tentative tract map request shall be referred to aa the "Application". (ii) On October 14, 1987, the Planning Gommission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Application. At the request of the applicant, said public hearing was continued from October 14, 1987 to the regular meeting dates of November 10, 1987, NOvember 25, 1987, January 13, 1988 and January 27, 1988. (iii) Following the conclusion of the continued public hearing, on January 27, 1988, the Planning Commission of the City of Rancho Cucamonga adopted its Resolution No. 88-13, thereby denying the Application without prejudice to refile. (iv) The decision represented by said Planning Commission Resolution No. 88-13 was timely appealed to this Council. (v) On February 17, 1988, this Council conducted a duly noticed public hearing with respect to such appeal and concluded said hearing.on that date. (vi) 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. ~%is 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. 88-097 Page 2 2. Based upon substantial evidence presented to this Council during the above-referenced February 17, 1988 public hearing, including the 33-page staff report included within the February 17, 1988 agenda, public testimony and the contents of Planning Commission Resolution No. 88-13, this Council specifically finds as follows.' (a) The Application applies to approximately .69 acres of land within the Medium Residential District and located on the east side of Hellman Avenue, north on Nineteenth Street; (b) The property to the north of the subject site is located within the Medium Residential District and is developed with a driveway and landscaped area for the Alta Woods Townhouse development to the east of the subject site. The properties to the south of the subject site are within a Medium Residential District and contain existing single family residences. The property to the east of the subject site is located within a Medium Residential District and is developed with multi-family townhouse residences. The properties to the west of the subject site are within a low residential district and are currently developed with single family residences; (c) The Application as contemplated requests the approval of the Subdivision Map, conceptual plot plan, conceptual grading plan, conceptual landscape plan and building elevations for the development; (d) The Application as submitted proposes the development of nine dwelling units consisting of 1,391.83 square feet of living area for each unit. The total square footage of the building area on the site (including garages) is 15,966.18 square feet. The net density on the site as contemplated for the site is thirteen dwelling units per acre and, given the overall size of the proposed site, the nine dwelling units requested are the maximum number of units which could be allowed on the property; (e) The Application as contemplated would be contrary to the goals and objectives of both the General Plan and Development Code of the City of Rancho Cucamonga and would be detrimental to the existing persons and properties in the immediate vicinity of the subject site for the reasons as follows: (i) The density of the site as proposed is not compatible to the adjacent properties. The Optional Development Standards within the Development Code are provided to allow development at the higher end of the designated density range. These standards are intended to achieve a superior quality and compatibility for developments of such projects. The standards and expectations are above and beyond that which is basically required to ensure transitions and buffers from lower intense residential uses. The Application as contemplated has a density of 13.0 dwelling units per acre. The existing multifamily development to the east is at a density of 11.3 dwelling units per acres with the remaining neighborhood in the density range of 2-4 dwelling units per acre. Accordingly, based on existing development standards and the nature of the surrounding area, the proposed density will not be compatible with existing neighborhood quality. Resolution No. 88-097 Page 3 (ii) The project as proposed does not provide a gradual transition from one land use to another. As an infill site, this project must reflect the character of the overall neighborhood. The Hellman Avenue neighborhood character is that of low-profile single family residences which is not reflected in the 30-foot tall by 79-foot long building located at the Hellman Avenue street frontage. (iii) The project as proposed does not relate the mass and scale of the building proportionally to the site size, street setback and open space. The 30-foot tall x 79-foot long building is located at the minimum street setback allowed. Larger buildings such as this require more setback area for a balance of scale with the adjacent single family uses. The landscaped open space on the project site is basically limited to the front setback and the rear 20 feet of the site. The open space does not appear to be an integral part of the project, designed to enhance building design, as well as public views on the site. Many of the landscape planters that are intended to buffer large building walls or adjacent properties are 3 feet or 4 feet in width which may inhibit plan growth. (iv) The architectural character of the project as proposed does not promote the expectations of superior quality based on the Design Guidelines and Development Standards of the Development Code and General Plan. The structure is basically block in form with little variation in roof outline. The height (30 feet) and bulk are not representative of the Hellman Avenue streetscape. (v) The adverse effects of the project, as set forth above, could not be successfully mitigated by the inclusion of specific design conditions. 3. Based upon the substantial evidence presented to this Council during the above-referenced February 17, 1988 public hearing and upon the specific findings of fact set forth in paragraphs I and 2, above, this Council hereby finds and concludes as follows: (a) The Application as proposed is not in conformance with the goals or policies of the General Plan and Development Code of the City of Rancho Cucamonga; (b) The Application as proposed will be detrimental to the public health, safety or welfare and will be materially injurious to the properties and improvements in the vicinities; and, (c) Evidence presented to this Council has identified substantial potential adverse effects of the design and improvements specified in the Application. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2 and 3, above, this Council hereby denies, without prejudice to refile, the Application. Resolution No. 88-097 Page 4 5. This Council hereby provides notice to MR. RICHARD AYOUB that the time within which j udicial review of the decision represented by this Resolution must be sought in governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga 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 RICHARD AYOUB at the address identified in City records. PASSED, APPROVED, and ADOPTED this 2nd day of March, 1988. AYES: Buquet, Stout, Wright, King NOES: None ABSENT: Brown Dennis L. Stout, Mayor ATTE ST: B'everly ~. Authelet, City 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 2nd day of March, 1988. Executed this 3rd day of March, 1988 at Rancho Cucamonga, California. ~verly ~. Authelet, City Clerk