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HomeMy WebLinkAbout99-178 - ResolutionsRESOLUTION NO. 99-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 99-13, IN THE HIGH RESIDENTIAL DISTRICT (24-30 DWELLING UNITS PER ACRE), WITH DEVELOPMENT PROPOSED IN THE MEDIUM-HIGH DENSITY (14-24 DWELLING UNrI'S 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. RECITALS. 1. Lewis Apartment Communities has filed an application for the approval of Development Review No. 99-13, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review 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 meeting on the application. Following conclusion of said hearings, the Planning Commission adopted its Resolution 99-70 approving the application. 3.. On the 4th day of August 1999, the City Council of the City of Rancho Cucamonga concluded their review of DR 99-13. 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 Spruce Avenue, Church Street, and East Elm Avenue, and is presently a vineyard. The perimeter streets are improved with curb, gutter, and pavement', and 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. 99-178 Page 2 c. The project is located within the High Residential District (24-30 dwelling units per acre); however, the proposed density of 19 dwelling units per acre is within the Medium-High Residential Density (14-24 dwelling units per acre) of the Terra Vista Community Plan. This flexibility is allowed in the Terra Vista Community Plan subject to review and approval of the Planning Commission and City Council. The standards of the Medium- High District will apply to the proposed development. 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 proposed project is consistent with the objectives of the General Plan; and b. That the proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed use is in compliance with each of the applicable provisions of the Development Code; and d. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health,. safety, or welfare or materially injurious to properties or improvements in the vicinity. 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 that 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 C~:uality Act of '~970, as amended, and the State CEQA guidelines 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 Mitigated 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 whole, the Initial Study and Mitigated Resolution No. 99-178 Page 3 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 hab,tat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Comr'~ission 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 this reference. PLANNING DIVISION_ All pertinent conditions contained in the Resolution of Approval for Tentative Tract 16000 shall apply. Provide enhanced paving material at the gated entry areas as depicted on the approved conc,eptual landscape plan. Enhanced paving surfaces shall also be used in the area in front of the garages. Berm the street scape landscaping along any perimeter wall for a maximum exposed wall height o.f 6 feet from finished surface along the streetscape. 2. All retaining walls used throughout the project shall be decorative surface to compliment the building design. Provide a reducecl set (approximately 11 inches X 17 inches) of the entire development plan for Planning Division prior to issuance of building permits. 4. Provide revised Terra Vista Illustrative Master Plan (i.e., full size blueprint) to include the subject project for Planning Division records, prior to plan check to the satisfaction of the City Planner. The garage entra~'~ce depths will be dimensioned at either less than 8 feet, or greater than 18 feet. Less than 18 feet requires an automatic doo~' opener. 6. The architectural treatment (pattern and color) of the garage doors shall vary by pairs. 7. Recreational am:gnities (and the related points given) in accordance with r'~evelopment Code Section 17.08.040.H are as follows: Recreation Building (1); pool/spa (1); outdoor entertainment area and media center located at the Leasing Pavilion (1); spat¢..ourtyard (1); three large open lawn areas (3); BBQ nodes located throughout the project (2); and a single expanded tot lot v,'ith multiple play equipment (approximately 40 feet X 60 feet in area) (1) = 10 TOTAL amenities. Resolution No. 99-178 Page 4 Redesign elevations, as necessary, to comply with recommendations of noise study for sound attenuation purposes. ENGINEERING DIVISION 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. ENVIRONMENTAL MITIGATION MEASURES TRANSPORTATION 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. The developer shall construct a traffic signal at the intersection of East Elm and Spruce Avenues. NOISE The developer shall provide mechanical ventilation (air conditioning system) for all dwelling units facing the project perimeter streets. 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. 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 The Construction Contractor shall select the construction equipment used onsite based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. The Construction Contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. The Construction Contractor shall ensure that construction grading plans include a statement that 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 same time. The Construction Contractor shall support and encourage ride-sharing and transit incentives for the construction crew. Resolution No. 99-178 Page 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. 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 crust after each day's activities cease. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. 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. ,i Soil stockpiled fo~' more than two days shall be covered, kept moist, or treated ~vith 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. 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 high volume low pressure (HVLP) spray method, or manual coating applications such as paint brush, hand roller, trowel, spatula, dauber, rag, or sponge. The Secretary to this Commission shall certify to the adoption of this Resolution. Please See Next Page for Formal Adoption and Signatures Resolution No. 99-178 Page 6 ATTEST: PASSED, APPROVED, AND ADOPTED this 4th day of August, 1999. Alexander, Biane, Curatalo, Dutton, Williams AYES: NOES: None ABSENT: None ABSTAINED: None William J. Alexy ,/ Debra J. 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, 1999. Executed this 5~h day of August, 1999, at Rancho Cucamonga, California. Debra J. 3MC, City Clerk