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HomeMy WebLinkAbout99-152 - ResolutionsRESOLUTION NO. 99-152 A RESO.LUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 99-0'8 FOR THE CONSTRUCTION AND OPERATION OF A TWO-STORY RESIDENTIAL CARE FACILITY CONSISTING OF 114 SUITES FOR THE ELDERLY IN THE LOW-MEDI:UM RESIDENTIAL DISTRI~CT ON APPROXI!MATELY 5.1 ACRES OF LAND LOCATED ON THE SOUTHEAST C.O.RNi~ER OF HERMOSA AVENUE AND 19TH STREET AND MAKING ~FINDINGS IN SUPPO'RTTHEREOF - APN: 1076-111-09 RECITALS. 1. Curry Brandaw Architects has filed an application for the issuance of Conditional Use Permit No. 99-08, as diescribed in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On June 9, the Planni'ng Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval. 3. On July 7, and continued to August 4, and August 18, 1999, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hera.by found, determined, and resolved b.y the Planning Commission of the City of Rancho Cucamonga as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Re:solution are true and correct. 2. Based upon the substantial evidence presented to this City Council during the above-referenced public hearings on July 7, 1999, August 4, 1999, and August 18, 1999, including written and oral staff reports,. together with public testimony, this Commission hereby specifically finds as follows: a. The application app.iies to property located at the southeast corner of Hermosa Avenue and 19th Street which is presently improved with a single family home; and b. The property to the north of the subject site is developed with single family homes, the property to the south is improved with a school and a park, the property to the east is developed with a single family home, and the property to the west is developed with a single family residential development; and Resolution No. 99-152 Page 2 c. The proposed Residential Care Facility use is allowed in the Low- Medium Residential District subject to approval of a Conditional Use Permit; and d. The project will comply with all applicable provisions of the Development Code, and the General Plan upon approval of General Plan Amendment 99-02 and Development District Amendment 99- 02; and e. The proposed residential care facility use will provide a needed service to elderly residents of the community; and f. The project is designed to be compatible with surrounding development and provide a high degree of aesthetic appeal; and g. The proposed use is in accordance with the goals of the General Plan to provide a full range of housing opportunities. Based upon the substantial evidence presented to this City Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General P~an, the objectives of the Development Code, and the purposes of the district in which the site is located. b. 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. c. The proposed use complies with each of the applicable provisions of the Development Code. 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 Planning Commission finds that there is no substantial evidence that the project wi, II 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 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. Resolution No. 99-152 Page 3 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 o.n the project which are listed below as conditions of approval. c. Pursuant to the provisions o.f 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 wil!l have potential for an adverse impact upon wildlife resources or the habitat 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 City Council during the public hearing, the City Coun.cil hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c- 1 -d) of Title 14 of the California Code of Regulations. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this City Council hereby recommends approvall of 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 1) Incorporate densely planted shrub hedges along the north, south, and west sides of the site to screen parking areas. 2) The refuse storage enclosure shall be designed and constructed using architectural materials similar to the main building. 3) Locate all roofdrains/down spouts inside the building to the degree possible. Any exterior drain fixtures shatl be designed and located to complement the building: architecture. 4) All air conditioning units shall not be visible from the outside of the building. 5) All other design modifications recommended by the Design Review Committee and City Council (including the relocation of the easterly driveway on Hamilton Street and 19thStreet and the elimination fo the westerly driveway on Hamilton Street) shall be incorporated into the project. 6) This Conditional Use Permit shall not become effective until the related General Plan Amendment, Development District Amendment and Historic Landmark Designations have been approved by the City Council. 7) The tree removal permit shall be reviewed and approved by the City Planner before any tree is removed or relocated. 8) The developer shall hold a preconstruction meeting with staff and any other interested parties to address the issue of construction traffic. 9) The developer shall work with City staff to provide a secondary emergency access point along 19t~Street. Resolution No. 99-152 Page 4 Enqineering Division 1) Conceptual Grading Plan shall include existing features within and 100 feet beyond all site boundaries (label to remain or be removed) - natura~ ground, trees, structures, drainage courses, streets, trails, slopes, etc. The Plan shall include cross sections for all site boundaries to scale, extending from streets to the top or toe of slopes adjacent to the parkway. 2) An in-lieu fee as reimbursement for the previously undergrounded overhead utilities (telecommunications and electrical) on the opposite side of 19th Street shall be paid to the City, prior to issuance of building permits. The fee shall be in conformance with the approved Underground Reimbursement Agreement UR-006. The amount for APN: 1076-111-09 is $44,306.74 plus 10 percent interest per year from the approval of the Agreement in March of 1990. 3) Drive approaches shall be the commercial type, 35 feet wide minimum and shall be in accordance with Standard Drawing 101 Type C. Driveway locations shall be a minimum of 100 feet from an intersection and 200 feet from a signalized intersection. Existing drive approaches shall be removed a:nd replaced with commercial approaches or curb and gutter and walls if the driveways will no longer be used. 4) The new driveway on Hermosa Avenue shall be designed to provide a water barrier. The river rock flood wall return shall be a sufficient distance from the main driveway to prevent street flows from entering the site. 5) The driveway on 19th Street shall align with Castl;egate Street. The sidewalk on Hamilton Street shall be property-line-adjacent (transition from existing curb-adjacent at first driveway. 6) Driveway accent paving shall be located outside the public right-of-way. 7) Modify 19th Street and Hermosa Avenue traffic signa~ as required to the satisfaction of the City Engineer. 8) Install bus bay at the southeast corner of 19th Street and Hermosa Avenue. The developer shall be required to provide a bench. Final design to be reviewed and approved by the City Planner. Corner property line cutoffs shall be dedicated per City Standards on the southeast corner of Hermosa Avenue and 19th Street and on the northeast corner of Hermosa Avenue and Hamilton Street. The access ramps on these corners must be reconstructed to current City Standards including the walls. 10) The existing overhead utilities on the project side of 19th Street shall be undergrounded, prior to public improvement acceptance or occupancy, whichever occurs first. 11) Revise existing Street Improvement Plans, prepared by a registered Civil Engineer, to reflect the required public improvements, to the satisfaction of the City Engineer. 12) Security shall be posted and an agreement executed to the satisfaction of the City Engineer and City Attorney guaranteeing completion of the public improvements, prior to the issuance of a building permit. 13) Prior to any work being performed in the public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. Foron-site sump conditions the private drainage facilities shall be designed to handle Q100 and a secondary overflow shall be provided to handle Q100 if the sump inlet is clogged. 9) 14) Resolution No. 99-152 Page 5 Environmental Mitigation Measures 1) A final acoustical report addressing traffic noise shall be submitted for City Planner review and approval, prior to the issuance of building permits. The final report shall discuss methods to reduce the I;evel of interior noise to below 45 CNEL and the building materials and construction techniques provided. The acoustical engineer shall submit written verification of the adequacy of the mitigation measures included in the constructi~on building plans. 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 18t~ day of August, 1999. AYES: NOES: ABSENT: ABSTAINED: Alexander, Biane, Curatalo, Dutton, Williams None None None ATTEST: William J. .~r, Mayor Debra J. ;MC, 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 18t~ day of August, 1999. Executed this 19th day of August, 1999, at Rancho Cucamonga, California. Debra J. CMC, City Clerk