HomeMy WebLinkAbout91-193 - Resolutions RESOLUTION NO. 91-193
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING THE DESIGN REVIEW
OF VESTING TENTATIVE TRACT NO. 14211, THE DESIGN REVIEW
OF 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 the design review of Vesting Tentative Tract Map No. 14211 as described in
the title of this Resolution. Hereinafter in this Resolution, the subject
Design Review 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 its 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 17, 1991, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
PLANNING COMMISSION RESOLUTION NO. 91-193
DR 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 is single
family residential and vacant 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 residences and vacant and is zoned Low-Medium
Residential, the property to the east consists of single family residences and
vacant land and is zoned Low-Medium Residential and City of Fontana, and the
property to the west is single family residential and vacant and is zoned Low-
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. 91-193
DR 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) That the proposed project is not consistent with the
objectives of the General Plan; and
(b) That the proposed design is not in accord with the
objectives of the Etiwanda Specific Plan and Development Code nor the purposes
of the district in which the site is located; and
(c) That the proposed design is not in compliance with each of
the applicable provisions of the Etiwanda Specific Plan and Development Code;
and
(d) That the proposed design, together with the conditions
applicable thereto, will be detrimental to the public health, safety, and
welfare and materially injurious to properties or improvements in the
vicinity.
PLANNING COMMISSION RESOLUTION NO. 91-193
DR TT 14211 DENIAL - U.S. HOME CORPORATION
December 17, 1991
Page 4
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
BY: /�•e L_
Larry., Niel, an
l
ATTEST: mill i .. ��AY
ra Mir r, Sett"y
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