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HomeMy WebLinkAbout90-354 - Resolutions REMOVED FROM AGENDA RESOLUTION NO. 90-354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TIME EXTENSION FOR DESIGN REVIEW NO. 88-03, AND DENYING THE APPEAL THEREOF, THE DEVELOPMENT OF 20 APARTMENT UNITS ON 1.08 ACRES OF LAND IN THE MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) LOCATED AT THE END OF SIERRA MADRE AVENUE, WEST OF EDWIN STREET, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) Alan Smith, on behalf of the A.E. Smith Company, has filed an application for approval of a Time Extension for Design Review No. 88-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Time Extension of Design Review 88-03 is referred to as "the Time Extensi on." (ii) On August 8, 1990, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the Time Extension, and following the conclusion of said hearing, adopted their Resolution No. 90-106 thereby approving the Time Extension. (iii) The applicant has filed a timely appeal of the approval represented in said Resolution No. 90-106 on the basis on a condition contained in said Resolution. The condition appealed is described as follows: (a) Prior to the issuance of building permits, the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community 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 Community Facilities District, the applicant shall, in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the issuance of building permits. Further, if the affected School District has not formed a Mello-Roos Community Facilities District within 12 months of the date of approval of the time extension 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. (iv) On the 5th of September, 1990, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal of the Time Extension and, on said date, concluded the public hearing. Resolution No. 90-354 Page 2 (v) All legal prerequisites prior to the adoption of this 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 August 8, 1990. 3. Based upon substantial evidence presented to this Council during the above referenced September 5, 1990 hearing, including written staff reports, the minutes of the above-referenced August 8, 1990 Planning Commission meeting and the contents of Planning Commission Resolution No. 90-106, this Council specifically finds as follows: (a) The Time Extension applies to property located at the terminuses of Main Street and Sierra Madre Avenue (APN 207-251-22) within the Medium-High Residential District (14-24 dwelling units per acre); (b) The property to the north, west, and south of the subject site is within the Medium-High Residential Development District and is currently developed with single family homes and apartment units to the north and west, respectively, with the A.T. & S.F. railroad and vacant land to the south; (c) The Time Extension is for the development of a 20- unit apartment complex on 1.08 acres of land; (d) The requirements of Planning Commission Resolution No. 90-106, specifically Condition No. 3.(c) - (The School Mitigation Condition) is necessary for com- pliance with Urgency Ordinance No. 395, pertaining to the evaluation of adequate school facilities for proposed residential development; (e) The Chaffey Joint Union High School District inform- ed the City that there is insufficent capacity to handle this project and that a Mello-Roos District is being formed. Resolution No~ 90-354 Page 3 (f) The Time Extension, with the addition of the standard school condition, as specified, is consistent with the goals and objectives of the General Plan and Development Code of the City of Rancho Cucamonga; and is not likely to cause public heal th and safety problems. 4. Based upon 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 Time Extension is consistent wi th the General Plan and Development Code of the City of Rancho Cucamonga; (b) The design or improvements of the Time Extension 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 development is not likely to cause substantial environmental damage or avoid- able injury to humans or wildlife or their habitat; (e) The development is not likely to cause serious heal th 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 denies the applicant's appeal and approves the Time Extension subject to all of the Conditions set forth in Planning Commission Resolution No. 90-106. 6. This Council hereby provides notice to Alan Smith of A.E. Smith Company 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 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 Alan Smith at the address identified in City records.