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HomeMy WebLinkAbout88-505 - Resolutions RESOLUTION NO. 88-505 A RESOLUTION OF THE CIT~ COUNCIL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A DEVELOPMENT REVIEW, NUMBER 88-03, TO PERMIT A 20-UNIT APARTMENT COMPLEX ON 1.08 ACRES OF LAND IN THE MEDIUM- HIGH RESIDENTIAL DISTRICT AND LOCATED AT THE TERMINUSES OF SIERRA MADRE AVENUE AND MAIN STREET A. Recitals (i) Alan Smith, on behalf of the A.E. Smith Company, has filed an application for approval of Development Review 88-03 described above in the title of this Resolution. Hereafter, in this Resolution, the subject Development Review request is referred to as "the Development Review". (ii) On June 22, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the Development Review, and following the conclusion of said hearing, adopted their Resolution No. 88-117 thereby approving the Development Review. (iii) The applicant has filed a timely appeal of the approval represented in said Resolution No. 88-117 on the basis of two (2) Conditions contained in said Resolution. The Conditions appealed are described as follows: a. The requirement to obtain off-site dedication and construct street improvements (Condition No. ! - Engineering Division). b. The requirement to pay an in-lieu fee for the future undergrounding of existing overhead utilities (Condition No. 6 - Engineering Division). (iv) On August 3, 1988, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the appeal of the Development Review and, on said date, concluded the public hearing. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: Resolution No. 88-505 Page 2 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 June 22, 1988. 3. Based upon the substantial evidence presented to this Council during the above-referenced August 3, 1988, hearing, including written staff reports, the minutes of the above-referenced June 22, 1988, Planning Commission meeting and the contents of Planning Commission Resolution No. 88-117 this Council specifically finds as follows: a. The Development Review 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 Development Review contemplates the development of a 20-unit apartment complex on 1.08 acres of land; d. The requirements of Planning Commission Resolution No. 88-117 (Condition No. 1 - Engineering Division) that the Developer obtain off-site dedications and construct street improvements and (Condition No. 6 - Engineering Division) pay an in-lieu fee for the future undergrounding of the existing overhead utilities remain an important and necessary condition; and e. The Development as specified will not contradict the goals or objectives of the General Plan or Development Code of the City of Rancho Cucamonga and would not promote a detrimental condition to the persons or properties in the immediate vicinity of the subject site. 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 Development Review is consistent with the General Plan and Development Code of the City of Rancho Cucamonga; Resolution No. 88-505 Page 3 b. The design or improvements of the Development Review is consistent with the Genera/ 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 avoidable injury to humans or wildlife or their habitat; e. The development is not likely to cause serious health 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 approves the Development Review subject to all of the Conditions set forth in Planning Commission as Resolution No. 88-117 (a copy of which is attached hereto and marked as Exhibit "A"). 6. The Council hereby provides notice to Alan Smith of the A.E. Smith Company that the time within which judicial review of the decision represented by the Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk 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 his address as per City records. PASSED, APPROVED, and ADOPTED this 17th day of August, 1988. AYES: Brown, Stout, King, Wright NOES: None AB SENT: B uq ue t ~_~_~~__. Dennis L. Stout, Mayor Resolution No. 88-505 Page 4 ATTEST: Beverly/A. Authelet, ~ Clerk I, BEVERLY A. AUTHELET, 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 August, 1988. Executed this 18th day of August, 1988 at Rancho Cucamonga, California. Bev e rl'y~. ~-~-~ Authelet, City Clerk Resolution No. 88-505 Page 5 EXHIBIT "A" RESOLUTION NO. 88-117 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 88-03, FOR THE DEVELOPMENT OF A 20 UNIT APARTMENT PROJECT ON 1.08 ACRES OF LAND IN THE MEDIUM-HIGH RESIDENTIAL .DISTRICT, LOCATED AT THE TERNMINUSES OF SIERRA MADRE AVENUE AND MAIN STREET A. Recitals (i) Alan Smith has f~/ed an application for the approval of Development Review No. 88-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application". (ii) On the 22nd of June, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 substantial evidence presented to this Commission during the above-referenced meeting on June 22, 1988, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The application applies to property located at the terminuses of Sierra Madre Avenue and Main Street and is presently vacant; and (b) The property to the north, east, and west is designated for residential uses. The property to the north and east is developed with single family residences. The property to the west is developed with a condominium project. The property to the south is designated and developed with railroad tracks operated by A.T. & S.F.; and Resolution No. 88-505 Page 6 PLANNING COMMISSION RESOLUTION NO. 88-117 DEVELOPMENT REVIEW 88-03 - ALAN SMITH June 22, 1988 Page 2 (c) The project, with the recommeded conditions of approval, complies with all minimum development standards of the City of Rancho Cucamonga; and (d) The development of 20 apartments on 1.08 acres of land is consistent with the Medium-High Residential land use designation of the Development Code and the General Plan. 3. Based upon the substantial evidence presented to this C~mmission during the above-referenced meeting and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Commission 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 objective 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 materilly injurious to properties or improvements in the vicinity. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby approves the application subjec~ ot each and every condition set forth below and in the attached Standard Conditions attached hereto and incorporated herein by this reference. Plannin_~ Division (1) A spa/jacuzzi shall be provided. The location, size, and design shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits. Resolution No. 88-505 Page 7 PLANNING O0MMISSION RESOLUTION NO. 88-117 DEVELOPMENT REVIEW 88-03 - ALAN SMITH June 22, 1988 Page 3 (2) The roof "eyebrows" on the rear elevation of the garage shall be enlarged to be more in scale with the building or shall be eliminated. The plans shall be reviewed and approved by the City Planner prior to the issuance of building permits. (3) The following items shall be incorporated into the final landscape plans which are subject to review and approval by the City Planner prior to the issuance of building permits: (a) Accent treatment shall be provided at the entry off Sierra Madre Avenue. (b) Extensive landscaping shall be provided along the site boundaries, particularly the north and east boundaries. (c) A sample of the texturized pavement material shall be submit ted. (d) A decorative block wall shall be provided along the south property lines. A wrought iron fence with decorative block pilasters or a decorative block wall shall be required along the north property line. In addition, the existing walls on the east and west shall be upgraded to provide a decorative treatment, such as stucco with a decorative cap. (e) The limits of any easements and their restrictions on landscaping shall be clearly delineated on the plans. (4) A final acoustical analysis shall be provided to address potential noise impacts from. the A.T. & S.F. Railroad and any necessary mitigation for exterior and interior noise levels The analysis shall be reviewed and accepted by the City Planner -flor to the issuance of building permits. L E__nginee rin_g_Div is ion (1) The developer shall obtain the necessary right-of-way and construct full width improvements for Sierra Madre Avenue from the project site northerly to the existing adedicated portion of Sierra Madre Avenue prior to issuance of building permits. Sidewalks shall be constructed along the west side and shall cover the entire parkway from the block wall to the curb. The developer is eligible for reimbursement for the cost of construction of the off-site improvements upon development or Resolution No. 88-505 Page 8 PLANNING COMMISSION RESOLUTION NO. 88-117 DEVELOPMENT REVIEW 88-03 - ALAN SMITH June 22, 1988 Page 4 redevelopment of the adjacent property. The amount of the reimbursement will be prorated on a net acreage basis (minus street dedication) for the benefited properties. (2) Storm drain faci) ities shall be constructed and an easement provided to convey flows from Sierra Madre Avenue through the site to the satisfaction of the City Engineer. (3) A 15 foot easement for the future master planned storm drain shall be dedicated along the south property line of the site to the satisfaction of the City Engineer. (4) The storm drain easements shall be accessible by City vehicles. Landscaping within the easements shall be subject to the approval of the City Engineer. (5) An easement over the internal drive .aisles shall be provided to the City to ensure access for City maintenance vehicles to the City storm drain easements. (6) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (railroad communication limes) within the A.T. & S.F. Railroad easement shall be paid to the City prior to the issuance of building permits. The fee shall be half the City adopted unit amount times the length of the project site. (7) Main Street abutting the east property line shall be completed with a modified turn around (18 foot radius) to the satisfaction of the City Engineer. 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF JUNE, 1988. PLANNING COMMISSION OF THE CI~f OF RANCHO CUCAMONGA Larry ¥. Nc~h~ Chal-rman ATTE :~~,y Resolution No. 88-505 Page 9 PLANN1NG COMMISSION RESOLUTION NO. 88-117 DEVELOPMENT REVlEW 88-03 - ALAN SM1TH June 22, 1988 Page 5 I, Brad Bullet, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of June, 1988, by the following vote-to-wit: A~ES: COMMISSIONERS: TOLSTOY, EMERICK, BLAKESLEY, CHITIEA, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE