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HomeMy WebLinkAbout99-177 - ResolutionsRESOLUTION NO. 99-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAM'ONGA.., CALIFORNIA~ APPROVING TENTATIVE TRACT MAP NO.16000, A RESIDENTIAL SUBDIVISION OF 16 ACRES OF LAND INTO 6 LOTS FOR CONDOMINIUM PURPOSES IN THE HIGH RESIDENTIAL DISTRICT (24-30 DWELLING UNITS PER ACRE), WITH DEVELOPMENT PROPOSED IN THE MEDIUM-.HIGH DENSITY (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, BOUNDED BY CHURCH STREET, EAST ELM AVENUE, AND SPRUCE AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077- 421-55 AND 60. A. RECITALS_. 1. Lewis Apartment Communities has filed an application for the approval of Tentative Tract Map Nc. 16000, as described in the title of this Resolution. Hereinafter in this Resolution, the subiect Tentative Tract Map request is referred to as "the application." 2. On the 14th day of July 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Following conclusion of said hearing, the Planning Commission adopted its Resolution 99-69 approving Tentative Tracl 16000. 3. On the 4th day of August 1999, the City Council of the City of Rancho Cucamonga concluded their review of Tentative Tract 16000. 4. 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 August 4, 1999, including written and oral staff reports, this Council hereby specifically finds as follows: a. The application applies to property bounded by Church Street, East Elm Avenue, and Spruce Avenue, and is presently a vineyard on-site; all perimeter streets are improved with curb, gutter and pavement. b. The property to the north of the subject site is Spruce Avenue Park and an apartment community (Tract 12673), the property to the south consists of vacant land and Town Center Square, the property to the east is vacant land, and the property to the west is the existing: Terra Vista Business Park; and Resolution No. 99-177 Page 2 c. The project proposes 6 lots for condominium purposes; and d. The project site is subject to noise levels of 65 CNEL along Church Street and can be mitigated to acceptable levels per the Noise Study prepared for the project; and e. The project will generate traffic trips which can be accommodated through public street improvement upgrades as conditioned herein. f. The project is consistent with the General Plan Medium-High density residential land use designation (14-24 dwelling units per acre) with a proposed project density of 19.36 dwelling units per acre. g. The proposed project of 306 multi-family residential dwellings is in accord with the objectives of the Development Code and the purposes of the Medium-High Residential district. In addition, the proposed project is in accord with the objectives of the Terra Vista Community Plan. h. The proposed project conforms to the standards and regulations of the Development Code, as well as the Terra Vista Community Plan, in terms of setbacks, building separation, parking, and the provision of recreational amenities as noted in the staff report. i. The proposed project and the intended use, together with all conditions of approval will not be detrimental to public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project proponents are required to complete all missing parkway improvements adjacent to the site, as well as install a traffic signal at the intersection of Elm Avenue. and Spruce Avenue. 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 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 the Terra Vista Community Plan; and b. The design or improvements of the Tentative Tract is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and c. The site is physically suitable for the type of devellopment 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. Resolution No. 99-177 Page 3 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence th,~t the project will have a significant effect upon the environment and recommends adoption of a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA gui~delines promulgated thereunder; that said Mitigated Negative Declaration and the initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigate,d Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whol. e, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantia evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title '14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this City Council hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by tl"~is reference. ENGINEERING DIVISION, 1) The six-lot subdivision, Tentative Tract Map No. 16000, and Development Review 99-13 are being processed concurrently by the property owner. The tract map shall be recorded prior to issuance of a building permit. 2) Complete missing slreet improvements fronting and adjacent to the project site on Spruce Avenue, Church Street, and East Elm Avenue including, but not limited to, sidewalk, driveways, median island Resolution No. 99-177 Page 4 landscaping on Church Street, street trees, and streetlights. Protect existing traffic stripping and signage, including R 26(s) "No Stopping any Time" signs on Spruce and Church frontages. 3) Install a traffic signal at Spruce Avenue and Elm Avenue. 4) La Mission Park site improvements shall be installed prior to issuance of building permits for the 13th apartment building within the project. The park design, including grading, shall be subject to approval by the Parks and Recreation Commission, prior to final map approval. 5) To reflect new or relocated improvements, existing street improvement plan No. 1306, 1342, 1449, and 1522-L shall be revised and/or new plans prepared by a registered civil engineer. Plan check fees will be required. 6) Coordinate with Cucamonga School District on bus stop locations and "Suggested Route to School" maps. ENVIRONMENTAL MITIGATION MEASURES TRANSPORTATION 1) The developer shall pay transportation development fees prior to issuance of building permits, at the rate adopted by the City, as fair contribution for area-wide improvements. 2) The developer shall construct a traffic signal at the intersection of East Elm and Spruce Avenues. NOISE 1) The developer shall provide mechanical ventilation (air conditioning system) for all dwelling units facing the project perimeter streets. 2) The developer shall provide building facade upgrades such as double- paned windows and weatherstripping seals, for all rooms in dwelling units which face Church Street. 3) The developer shall provide a 5-foot high sound barrier along the second floor balconies for all dwelling units facing the perimeter streets. AIR QUALITY 1) The Construction Contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equiprnent will be tuned and maintained in accordance with the manufacturer's specifications. 2) The Construction Contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. Resolution No. 99-177 Page 5 3) The Construction Contractor shall ensure that construction grading plans include a statement t"~at work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period should be extended; thereby, decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the sam,.a time. 4) The Construction Contractor shall support and encourage ride-sharing and transit incentives for the construction crew. 5) Dust generated by the development activities shall be retained on site and kept to a minimum by following the dust control measures listed below. a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a c~'ust after each day's activities cease. b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust fi'om leaving the site. At a minimum, this would include welting down such areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 mile~ per hour. c) After clearing, grading, earth moving, or excavation is completed; the entire area of disturbed soil shall be treated immediately by pickup of the soil until the area is paved or otherwise developed so that dust generation will not occur. d) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation.. e) Trucks transporting soil, sand, cut or fill materials and/or construction debris to or from the site shall be tarped from the point of origin. 6) The Construction Contractor shall utilize, as much as possible, pre- coated natural colored building materials, water-based or Iow-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as hi,~h volume low pressure (HVLP) spray method, or manual coating appl cations such as paint brush, hand roller, trowel, spatula, dauber, rag, or sponge. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. Please See Next Page for Formal Adoption and Signatures Resolution No. 99-177 Page 6 ATTEST: PASSED, APPROVED, AND ADOPTED this 4th day of August, 1999. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Al,~er, Mayor Debra J. s, 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 4th day of August, t 999. Executed this 5th day of August, 1999, at Rancho Cucamonga, California. ,~bra J. City Clerk