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Home My WebLink About91-192 - Resolutions RESOLUTION NO. 91-192 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VESTING TENTATIVE TRACT MAP NO. 14211, A RESIDENTIAL SUBDIVISION OF 226 SINGLE FAMILY LOTS ON 81.2 ACRES OF LAND WITHIN THE ETIWANDA SPECIFIC PLAN IN THE MEDIUM AND LOW-MEDIUM RESIDENTIAL DISTRICTS (8-14 AND 4-8 DWELLING UNITS PER ACRE, RESPECTIVELY) , LOCATED ON THE EAST SIDE OF ETIWANDA AVENUE, SOUTH OF THE DEVORE FREEWAY AND WEST OF EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-231-01, 09, 12, 16, AND 32; 227-191-15; 227-181-24; AND 227-261-11. A. Recitals. (i) U.S. Home Corporation has filed an application for the approval of Vesting Tentative Tract Map No. 14211 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Vesting Tentative Tract Map request is referred to as "the application. " (ii) On April 24 and September 25, 1991, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed public hearings regarding the completeness of the subject application. Following conclusion of the latter hearing, the Planning Commission adopted Resolution No. 91-141 denying the application without prejudice. (iii) The decision represented by said Planning Commission Resolution was timely appealed to the City Council. (iv) Staff subsequently deemed the project application complete on October 30, 1991, prior to the hearing on the appeal, thereby nullifying the action of the Planning Commission of September 25, 1991. (v) On the 11th day of December 1991, and continued to the 17th day of December 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (vi) 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 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 public hearing on December 11, and continued to December 17, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 91-192 TT 14211 DENIAL - U.S. HOME CORPORATION December 17, 1991 Page 2 (a) The application applies to property generally located east of Etiwanda Avenue, south of the Devore Freeway and west of East Avenue with an Etiwanda Avenue frontage of 712 feet, a Devore Freeway frontage of 348 feet and an East Avenue frontage of 414 feet on property zoned Low-Medium Residential and is presently unimproved; and (b) The property to the north of the subject site includes single residences. and vacant land and zoned Low-Medium and Medium Residential (4-8 and 8-14 dwelling units per acre, respectively) , the property to the south of that site is single family residential and vacant and is zoned Low-Medium and Medium Residential, the property to the east consists of single family residences and vacant land and is zoned Low-Medium and Medium Residential and City of Fontana, and the property to the west is the Devore Freeway right-of-way, single family residential and vacant, and is zoned Low-Medium and Medium Residential; and (c) The application contemplates the development of 226 single family residences with an average lot size of 8,685 square feet and an interim detention basin of 10.6 acres for the purpose of receiving drainage for this project as well as future projects in the immediate area; and (d) The project as proposed will require approval of related Etiwanda Specific Plan Amendment 89-03, which would allow lots of a minimum average lot size of 8,500 square feet in the Low-Medium Residential District of the Etiwanda Specific Plan; and (e) The application as proposed would be materially detrimental to the persons and properties in the immediate vicinity of the proposed site for the reasons as follows: (1) The Tentative Tract Map as proposed does not indicate a lettered parcel of 2.33 acres or greater for the purpose of a park, which is the minimum requirement of the Quimby Act (a minimum of 3 acres of park per 1,000 residents) and Rancho Cucamonga Municipal Code Chapter 16.32, nor does the Tentative Tract Map reflect a site plan design that would allow this park to be expanded on the contiguous property utilized as an interim detention basin in the future. In addition, the minimum 2.33 acre park site is necessary to meet the goals and objectives of the General Plan in terms of location (the General Plan requires a park site in the block bounded by Etiwanda, East, and Miller Avenues and Foothill Boulevard) and intent (the park should be provided at the time of development for the use of citizens in the immediate area) , both of which are consistent with the goals of the General Plan and Etiwanda Specific Plan for providing residential facilities to meet the needs of all segments of the population for recreation, relaxation and socialization. (2) The project contemplates the construction of a sound attenuation wall along the edge of the Devore Freeway right-of-way, approximately 11 to 12 feet high as measured at freeway grade, which is necessary to mitigate the concerns of exposing people to potentially dangerous noise levels in portions of the project area. As required by the General Plan, the feasibility of the wall, its height, location, and construction has yet to be determined since formal approval from Caltrans has not been secured. -PLANNING COMMISSION RESOLUTION NO. 91-192 TT 14211 DENIAL - U.S. HOME CORPORATION December 17, 1991 Page 3 (3) The project contemplates the removal of up to 213 trees on the property, many of which are initially identified as in a healthy and thriving condition as identified by a qualified and licensed arborist. The application as proposed does not include a concurrently processed Tree Removal Permit nor any specific tree replacement quantities or species to mitigate the loss of up to 213 trees on the property. This is inconsistent with the City's Tree Preservation Ordinance (Rancho Cucamonga Municipal Code Chapter 19.08) , the goals of the Etiwanda Specific Plan and the absolute policies of the Development Code (Rancho Cucamonga Municipal Code Section 17.08.050.E.8) , which require replacement of individual trees with species and quantities of a minimum acceptable level and replacement of existing windrows of Blue Gum Eucalyptus trees to encourage the protection of the windbreak system for reasons of public safety, wind protection, and historical significance. (4) The Tentative Tract Map and related plans reflect a "grid" local street pattern, especially in the area south of Miller Avenue, which is inconsistent with the Residential Design Policies of the City for providing curvilinear streets to promote visually interesting streetscapes (Rancho Cucamonga Municipal Code Section 17.08.090.0.12 and Etiwanda Specific Plan Section 5.32.100) . (5) The Tentative Tract Map and related plans include local cul-de-sac streets that are designed with awkward side yard to rear yard relationships. (6) The architecture and related design elements within the proposed project boundaries, as reflected in the application, is not consistent with the goals and objectives of the Etiwanda Specific Plan, which states a project shall create or reinforce the "sense of community identity, avoid the feeling of sameness or blandness, and enhance Etiwanda's character." (7) The project does not meet minimum average lot size as required by the Etiwanda Specific Plan. 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 Commission hereby finds and concludes as follows: (a) The tentative tract is not consistent with the General Plan, the Etiwanda Specific Plan, and the Development Code; and (b) The design or improvements of the tentative tract are not consistent with the General Plan, the Etiwanda Specific Plan, nor the Development Code; and (c) The design of the subdivision is likely to cause substantial environmental damage and injury to humans and wildlife or their habitat; and PLANNING COMMISSION RESOLUTION NO. 91-192 TT 14211 DENIAL - U.S. HOME CORPORATION December 17, 1991 Page 4 (d) The evidence presented to this Commission has identified substantial potential adverse environmental effects of the applied for development. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 1991. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA j BY: Larry T ..cNiel, C - .man ATTEST: Aar/O _ a/ Tra ry I, Brad Buller, 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 17th day of December 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE