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Home My WebLink About91-018 - Resolutions RESOLUTION NO. 91-018 A RESOLUI~ON OF THE CITY COUNCIL OF THE CITY OF RAN(/40 ~, CALIFORNIA, D~qYING WITHOUT PREJUDICE VESTING T~FPATIVE TRACT MAP NO. 14630 FOR THE DEVELOPMEN~ OF 328 ~ UNITS ON 20.15 ACRES OF LAND IN THE M~D1T~ (8-14 I)Wk'IT,T,1-NG ~ PER ACRE) AND M~DIL~-HIGH RESID~IAL DISTRICT (14-24 DWRT.T.ING UNITS PER ACRE), NORPHEAST CORNER OF BASE LINE ROAD AND lVKl'T,T,l'~f]~sI AV~NV3E AND MAKING FINDINGS IN SUPPOR~ THER~DF - APN: 227-691-01 A. Recitals. (i) Tr~rK~x~].n ~ Company has filed an application for the approval of Vesting Tentative Tract Map No. 14630 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." (ii) On June 13, 1990, the Planning C~Lmdssion of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject application. Following conclusion of said hearing, the application was automatically denied on a 2-2-1 vote. (iii) Tne applicant subsequently filed a petition for reconsidera- tion of the application by the Planning C~m~dssion. On August 8, 1990, the Planning Commission voted to reconsider the application and directed the applicant to continue working with surrounding residents and resukmit revised plans for processing. (iv) On the 14th day of Nov~0er 1990, the Planning Commission of the City of P~ncho Cucamonqa conducted a duly noticed public hearing on the application and following the conclusion of said hearing, the Planning Conm~ssion adopted its Resolution No. 90-146 denying the application. (v) The decision represented by said Planning Commission R~solution was timely appealed to this Council. (vi) On the 16th day of Jan,~ary 1991, 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. (vii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cuc~m~onga does hereby find, determine, and resolve 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. Resolution No. 91-018 Page 2 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing on January 16, 1991, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: (a) The application applies to property located on the north- east corner of Milliken Avenue and Base T.~ne Road on property zoned on the northerly half for Medium Residential (8-14 dwelling units per acre) and on the southerly half for Medium-High Residential (14-24 dwelling units per acre) and is currently undeveloped; (b) The property north of the subject site is zoned Low Residential (2-4 dwelling units per acre) and is developed with single family detached residences. The pro~ to the east is zoned Low-Medium Residential (4-8 dwelling units per acre) and is being developed with single family detached residences. The property to the west is zoned "Proposed City Park" and is currently vacant. The property to the south is zoned Neighborhood Commercial and is currently vacant, although approval has been granted for a shopping center; (c) The application contemplates the development of 328 condominium units, which the applicant has stated are intended to be rented as apartments for an undetermined length of time, at a density of 16.3 dwelling units per acre. Further, the application contemplates redesignating, under the density flexibility provisions of the Victoria Ccmm~nity Plan, the northerly half of the site to Medium-High Residential to permit said density of 16.3 dwelling units per acre. (d) Pursuant to the provisions of the Rancho Cucamonga Development Cede, the development as contemplated in the application requires a separate discretionary Design Review approval regarding the c~atibility and design of proposed structures. (e) The application as proposed is not in conformance with the Rancho Cucamonga General Plan, Victoria Co~,~,unity Plan, and Rancho Cucamonga Development Code and would be materially detrimental to persons or property in the immediate vicinity due to: (1) The proposed density of 16.3 dwelling units per acre conflicts with the City of Rancho Cucamonga's General Plan policy for the Medium Residential District (8-14 dwelling units per acre) to build at the lower end of the density range adjacent to low density residential areas as exist to the north and east of the subject site. To the contrary, the application proposes to redesignate the northerly half of the site, which adjoins low density single family residential areas, from Medium Residential to Medium-High Residential (14-24 dwelling units per acre); Resolution No. 91-018 Page 3 (2) The site plan ~ does not sufficiently address a cc~patible transition of unit type and density from adjacent single family residential areas. The site plan as reflected in the application reflects all two-s~ build/rigs, ranging from 8 to 16 units per kuilding, arranged in the stacked floor plan configuration associated with apartment housing type. Further, this housing type is inconsi~ with General Plan policy to primarily build detached housing units in the Medium Residential classification; (3) The site plan submitted in conjunction with the application reflects a gated acoess point on Milliken Avenue. With the major public attraction of the future 100-acre Central Park bein~ located immediately west of the subject site, the site plan w~uld potentially encourage the residents of t_his project to cross Milliken Avenue mid-block, thus enocuraging an unsafe crossing point on a street that is projected to carry a high volume of traffic; (4) The architecture as reflected in the application does not create the "attractive aesthetic urban design" character consistent with the goals of the Victoria C~,m~nity Plan. The ardlitecture was described by the Planning C~,,,dssion as '%mmndane', and "pedestrian,, in appearance and without regard to the surroundir~ area. 3. At the above-referenced public hearing, the Council denied the associated Design Review application. 4. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific find/rigs of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follow~: (a) The Tentative Tract is not consistent with the General Plan and the Victoria C~munity Plan; and (b) The design or improvements of tb~ Tentative Tract are not oonsistent with the General Plan and the Victoria O~,~i,unity Plan; and (c) The design of the subdivision is likely to cause substantial env~l damage and avoidable injury to humans and wildlife or their bah~itat; and (d) The evidenoe presented to this Council ba~ identified substantial potential adverse effects of the applied for development. 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. Resolution No. 91-018 Page 4 6. The City Clerk of the City of Rancho (~ is hereby directed to (a) certify to the adoption of t_his Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to L~ncoln Property Cc~0any at the address identified in City records. 7. Based upon the find/rigs and conclusions set forth in paragraphs 1, 2, 3, 4, 5, and 6 above, this Council hereby denies the application. PASS~D, APPRDV~D, and ADO~ this 16th day of Jar~ary, 1991. AYES: Alexander, Buquet, Stout, Williams, Wright NOES: None ABS~I~T: None f~ra J. Ad~s, City clerk I, DFRRA J. ADAMS, CITY CLFRK of the City of P~cbo C~camo~, 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 16th day of January, 1991. Exectfced this 17th day of January, 1991 at Rancho Cucamonga, California. b~ ~bra j. ~, city Cler~-~