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HomeMy WebLinkAbout04-101 - Resolutions • RESOLUTION NO. 04-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE A REQUEST TO SUBDIVIDE 3.33 ACRES OF LAND INTO 16 SINGLE-FAMILY LOTS IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE WEST SIDE OF BERYL STREET BETWEEN MIGNONETTE STREET AND CIELITO STREET-APN: 0202-741- 64, 0202-751-36 AND 37 A. Recitals. 1. Charles Joseph Associates filed an application for the approval of Tentative Tract Map SUBTT16644,as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On February 11, 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and, following the conclusion of said hearing, adopted their Resolution No. 04-23 approving the application. 3. The decision represented by said Planning Commission Resolution was timely appealed to this City Council. 4. On March 17, 2004, the City Council of the City of Rancho Cucamonga, conducted a duly noticed public hearing on the application and concluded said hearing on that date. 5. 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. 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. Based upon the substantial evidence presented to this Council during the above- referenced meeting on March 17, 2004, including written and oral staff reports, this Council hereby specifically finds as follows: a. The application applies to 3.33 acres of property located on the west side of Beryl Street between Mignonette Street and Cielito Street. The property contains three homes that are proposed for demolition; • and Resolution No. 04-101 Page 2 of 4 • b. The application proposes to subdivide 3.33 acres of land into 16 single-family lots in the Low-Medium Residential District, located on the west side of Beryl Street between Mignonette Street and Cielito; and c. The proposed lot sizes range from 5,004 to 9,816 square feet, with an average lot size of 6,393 square feet; and d. The subdivision design, lot size, and dimensions are compatible with the Low-Medium District; and e. A Tree Removal Permit (DRC2003-01040) has been submitted because development of the site will require the removal and replacement of trees on-site; and f. The site will gain access from Beryl Street and include public improvements such as, but not limited to, new curb, sidewalk, and gutter; and g. The appellant, in their appeal letter dated January 30, 2004, raised concern with headlights of vehicles exiting from proposed Street"A" shining at his home at 6905 Beryl Street, which is north of the right- of-way of Street "A." The alignment of the proposed street for the new subdivision would not impact the appellant's property with respect to direct headlight glare. Only in the instance that a vehicle turning left when exiting the development would the property be impacted by any glare, and that, for a matter of seconds during the turning movement. The property contains three existing residences that currently have driveway access to Beryl Street; therefore, the impact of the proposed subdivision would be similar to that which exists currently. Additionally, the frequency of vehicle trips during nighttime hours is considerably less than during daytime hours. h. The appellant, in their appeal letter dated January 30, 2004, noted that the street has not been widened to its ultimate width in front of his property at 6905 Beryl Street. This development will improve the west side of Beryl Street to its ultimate width. Even though the east side of Beryl Street will remain without full pavement width, the Engineering Division has testified that sufficient width will be available for traffic. Beryl Street is a collector street and has left-turn movements at intersections and driveways throughout its corridor. i. The appellant, in their appeal letter dated January 30, 2004, stated that "the third matter is that the added traffic already incurred from the proposed development has made it extremely difficult to get out of my residence from 7:00 a.m. until 10:00 a.m." Since the development has not been approved, nor constructed, it is • Resolution No. 04-101 Page 3 of 4 • impossible for there to be any existing traffic caused by the proposed development. The Initial Study indicates that the proposed project would generate 16 two-way peak hour vehicle trips. This is not considered a significant increase for Beryl Street, a collector street. There is a City storm drain project on Carnelian Street,which may be causing additional traffic congestion. Staff has not received any other complaints about traffic congestion. This development of only 16 homes will not significantly impact traffic volumes on Beryl Street. 3. Based upon the substantial evidence presented to this Council during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; 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 within the proposed subdivision. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the appeal and upholds the Planning Commission approval of Tentative Tract SUBTT16644 subject to all conditions as set forth in Planning Commission Resolution No. 04-23 and the Standard Conditions attached thereto. 5. This Council hereby provides notice to Charles Joseph Associates and Jason Hoover 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. • 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 Charles Joseph Associates, and Jason Hoover at the address identified in City records. Resolution No. 04-101 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 17th day of March 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William J. lexander, Mefyor ATTEST: D bra J. AdaW, CMC, City Clerk I, DEBRA J.ADAMS,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 March 2004. Executed this 18 th day of March 2004, at Rancho Cucamonga, California. Debra J. Ada , CMC, City Clerk