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HomeMy WebLinkAbout88-679 - Resolutions .RESC~UTION NO. 88-679 · A RESC~UTION OF~' .THE CIT~ COUNCIL 'OF THE CITY OF RAN(~O CUCAMONGA, CALIFORNIA~ APPROVING A R~QUEST FOR TENTATIVE TRACT 13738, TO PERMIT DEVELOPMENT OF AN 18-LOT ~ RESIDENTIAL SUBDIVISION ON 12.88 ACRES OF LAND IN THE VERY 50W RESIDENTIAL DISTRICT A/qD LOCATED SOUTH OF AL~DND ' ' STREET AND WEST OF SAPPHIRE STREET - APN: 1061-091-03 .. A. Recitals. (i) Rodlne Companies Inc. has filed an application for the approval of Tentative Tract Map No. 13738 described above in the title of this Resolution. Hereafter, in this Resolution, ~he subject Tentative Tract request is referred to as "the Tentative Tract". (ii) On September 14, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the ,subject matter of the Tentativ% Tract, and following the conclusion of said hearing, adopted their'Resolution No. 88-177 thereby approving the Tentative Tract. (iii) The applicant has filed a timely appeal of the approval represented in. said Resolution No. 88-177 on the basis of six .(6) Conditions contained' in said Resolution. The Conditions appealed are described as follows: Overhead Utilities. (1) The requirement to pay an in-lieu fee for the future · undergrounding of existing overhead utilities.along Sapphire Street (Condition No. 2a - Engineering Division). (2) The requirement to construct and pay an in-lieu fee for the existing overhead utilities along Almond Street (Condition No.2b - Engineering Division). b. The requirement to obtain off-site street dedication along Almond Street (Condition No. 5 - Engineering Division). c. The requirement to process a condemnation proceeding, if needed, to obtain off-site street dedication along .Almond Street (Condition No. 6'~ Engineering Division). d. The requirement to provide an emergency access road along Almond --Street (Condition No. 7 -.Engineering Division). e. The requirement to provide a Master Plan Storm Drain Channel along the westerly portion of the project and extending northerly of Almond Street (Condition No. 9 - Engineering Division). Resolution No. 88-679 Page 2 f. The requirement to construct fulY Width street improvements along Almond Street (Condition Nc.lO - Engineering Division). (iv) In November 16, 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 Tentative Tract and, on said date concluded the public bearing. (v) All legal prerequisites to the adoption of tbls Resolution have occurred. B. Resolution. 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 September 14, 1988. 3. Based upon the substantial evidence presented to this Council during the above-referenced November 16, 1988 hearing, including written staff reports, the minutes of the above-referenced September 14, 1988, Planning Commission meeting and the contents of Planning Commission Resolution No. 88-177 this .Council specifically .finds as follows: a. The Tentative Tract applies to property located west of Sapphire Street and south of Almond Street within the Very Low Residential District (less than 2 dwelling units per acre); b. The property,to the north is within the .Hillside Residential and is currently vacant, the property to the south and east is within the Very Low Residential District and is .currently ,developed, and the property to the west is within the Very LOW Residential District and is currently vacant; c. The Tentative Tract contemplates the development of an 18-lot .~ubdivision on 12.88 acres .of land; d. The requirements of Planning Commission Resolution No. ,88-177 (Condition NOs. 2,~ 5, 6, 7, 9, and 10 - Engineering Division) remain an important and necessary condition; and Resolution No. 88-679 Page 3 e. The development as specified will not contradict the goals or objectives of the General Plan or Development Code of the City of Rancho Cucamonga and would not promote a detrimental condition to the persons or properties in the immediate vicinity of the subject site. 4. Based on the substantial evidence presented to this Council during the above-referenced public hearing 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 is consistent with the General Plan and Development Code of the City of Rancho Oucamonga: 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 habitat; e. The development 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 development. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the Tentative Tract subject to all of the Conditions set forth in Planning Commission Resolution No. 88-177 (a copy of which is attached hereto and marked as Exhibit "1"). 6. The Council hereby provides notice to Rodine Companies, Inc. that the time within which judicial review of the decision represented by the 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 Rodine Companies, Inc. at their address as per City records. REFERRED BACK TO THE P.C. - 11-16-88 Resolution No. 88-679 Page 5 EXHIBIT "1~ RESC~UTION NO. 88-177 A RESC~UTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA APPROVING T~TATIVE TRACT MAP NO. 13738, AND DESIGN REVIEW THEREOF, LOCATED SOUTH OF AL~DND AND WE~T OF SAPPHIRE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE). APN: 1061-091-03 A. Recitals. ii) Rodine Companies Inc. has filed an applicatio_n for the approval of Tentative Tract F~p No. 13738 as described in the title of this Resolutlon. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application". (ii) On the 14th of September, 1988, the Planning Commission of the City of Rancho Cucamonga conduqted a duly noticed public hearing on the application and concluded said hearing on that date.' (iii) Ail legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. .. NOW, THEREFORE, it is hereby .found, determined and resolved by the Planning Co~mission of the City of Rancho-Cucamonga as follows: 1. This Commission hereby speciflcally finds' ~hat 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 September 14, 1988,. including written end oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located'on the west side of Sapphire Street, south of Almond Avenue with a street frontage of 580 feet along Sapphire Street and 455 feet along Almond Avenue and is presently vacant; and Resolution No.. 88-679 Page 6 (b) The property to the north of the subject site is vacant and designated for Hillside Residential, the property to the south of that site consists of single family residential in the Very Low Residential District, the property to the east is single family residential in the Very Low Residential District, and the property to the west is vacant and designated as Los Angeles Bureau of Power and Light easement. 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 Co~mission hereby finds and concludes as follows: (a) That tentative tract is consistent with the General Plan, Development Plan, Development Code, and specific plans; and (b) The design or improvements of the tentative tract is · consistent with the General Plan, Development Code, and specific plan; and (c) The site is physically suitable for the type of development proposed; and (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 (e) The tentative tract is not likely to cause serious public health problems; and (f) The 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 ~ithin the proposed subdivision. 4. This Cnmmission 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 Cc~mission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set fdrth 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. Des:Lgn Review 1. The shape of the window panes on Model 1500 shall be square in shape rather than rectangular. Resolution No. 88-679 Page 7 5, The round vent element shall be provided .with more finished details,.such as louvers or. surrounding trim, on.all deviations. 3. The round vent on the rear elevation of Model 1000A shall be increased in size. 4. The square window on the front elevation of Model 1000B, Type shall bechanged in shape to be more com'patible with window shapes on the three other elevations. 5. The following roof tile colors shall be omitted: "Life style Mission" (~132) and "Life style Padre Brown" (~110). 6. Tree. Removal Per-mit. No. 88-16 is approved subject to replacement planting in accordance with Municipal Code Section 19.08.100. Existing trees to be retained, shall be protected in accordance with Municipal Code Section 19.08.110. Tentative Tract Map 1.. Provide a drainage acceptance letter authorizing public areas to drain onto private land. 2. Overhead Utilities: a. Sapphire Street. - An in-lleu fee as.contribution to the future undergrounding of the .existing overhead utilities (telecommunications_ .and electrical) on the opposite (east) side of Sapphire. Street shall be paid to the City prior to approval.of the Final Map. The fee shall be on-half the City adopted unit amount ti~es.the length from the center of Almond Street to the south tract boundary. b. Almond Street - The existing overhead utilities' on the project side. of Almond Street shall be 6ndergrounded from the first pole on the east side of Sapphire Street to the first pole west of the centerline of the Los Angeles Bureau '.of Power and Light Easement prior to public improvement acceptance or occupancy, whichever occurs first. For the portion within the utility easement (electrlcal and telecomm,,~cation) the developer may. request a 'reimbursement agreement to~ receive on-half the City adopted cost for : undergrounding from futu~e~development (redevelopment) as it occurs on the opposite side of the street. For the portion adjacent-to the tract, an in-lleu fee as contribution to the future undergrounding of the utilities on the opposite (north side of Almond Street.- electrical) shell be paid to the City prior to Final Map approval. The fee shall be one-half the difference between the undergrounding cost of the utilities (electrical) on the opposite side of the Resolution No. 88-679 Page 8 street minus those (telecommunications) on the project side times the length from the center of Sapphire Street to'the first pole containing both electrical and telecommunication llnes wear'of the west tract houndary. 3. The southerly one-half (26 feet of pavement) street improvements along Almond Street shall be extended from the tract westerly to the centerline 'of the Los Angeles Bureau of Power and Light Easement. 4. All street shall have a centerline crown section. Street tilt sections are not permitted. 5- The dedication for the north.half'(33 feet) of Almond Street from Skyline Road to the east side of Sapphire Street'shall~ be obtained in accordance with Condition 6 to follow. 6. The developer shall make a good faith effort to acquire the required off-site property interest necessary to. construct the required off-site improvements. If the developer ah6%~d fail 'to do so, the developer shall, at least 120 days prior to.submittal of the final map for approval, enter into an agreement with the City to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the. property interests required for the improvementa. Such agreement shall provide for payment by developer of-all costs in connection with the subdivision. Security for these costs shall be in the form of a cash deposit. That portion of the security reflecting the value of 'the required off-site property interest shall be the amount given in an.appraisal report obtained by developer, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 7. An emergency access road per Foothill Fire District's requirements shall be provided along Almond Street to Turquoise Street. 8.' A sidewalk shall be provided on one side only of the interior street. 9. The Almond Intercept Master.Plan 6"nannel (Line lA) shall be constructed from the existing portion to the southwest extending to a northerly projection of the east side of Sapphire Street or as otherwise necessary to provide drainage protection for the Tract aa approved by the City Engineer. The cost of constructing the facility is eligible for reimbursements in accordance with City Ordinance No. 75. Resolution No. 88-679 Pase 9 10. Almond Street shall be constructed full width from Henr7 Street to Sapphire Street. A reimbursement agreement may be requested for the cost of improvements of the north half of the street from future development on the north side of the street. 6. The Secretary to this Co~mlsslon shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 1988. PLANNING COMMISSION OF THE CITY OF REIMBURSEMENTS IN CUCAMDNGA BY :~ A'*I'TEST~