HomeMy WebLinkAbout92-072 - Resolutions RESOLUTIC~{ NO. 92-072
RESOLUTIC~ OF ~ CITY O0t~CIL OF ~E CITY OF RANCID
CL~2A~C4%, CAT.TFfH~qIA, D~YING ~ D~I~ ~ OF
~ ~ ~ ~. 14211, ~ D~I~ ~ OF A
~~ ~~SI~ OF 226 S~R ~ ~ ~ 81.2
A~ OF ~ ~ ~ ~ ~'~C ~ ~ ~
~~ ~~ ~~ DI~~ (8-14 ~ 4-8
~ S~E OF ~A~, ~ OF ~ D~ ~
~ OF ~ A~, ~ ~ ~~ ~ ~
~F- ~: 227-231~1, ~, ~, 16, ~ 32; 227-191-
227-181-24; ~ 2~-261-11
A. Recitals.
(i) U.S. Hc~e Ccxporation has filed an application for the ap~
of the design review of Vesting Tentative Tract Map No. 14211 as described in
the title of th~ Resolution. Hereinafts~ in this Resolution, the subject
(ii) On April 24 and Sept_~her 25, 1991, the Plannin~ C~m.-ission of
the City of Rancho O~mnnga cc~ducte~ duly noticed public hearir~3s re~ardir~
the cc~pl~ of the subject application. Following the ~o~clusion of the
the application without prejudioe.
(iii) ~he decision re~rese~ted by said Planning Cc~../ssion
(iv) Staff sukeequently deemed the project application complete on
o~ob~ 30, 1991, ~ior to U~ h~ri~ of on
the action of the P~ Cumm~ssion of Se~_~mh~ 25, 1991.
(v) On the 11th day of Deoember 1991, and continued to the 17th day
of December 1991, the P~ Oumm~ssion of the City of
~ du~y notic~ ~ubli¢ hearings on th. a~lication and, followi~
conclusion of said public hearings, adoptsd its Resolution No. 91-193 de~ying
(vi) ~e decision re~resented by said Plannir~ O,mmission Resolution
was timely am~a~ed to th~ City
(vii) On the 18th day of March 1992, the City Oouncil of the City of
Rancho Cucamonga conducted a duly noticed public hearir~ and c~lcl~_~d___ sa~d
(viii) All legal prerequ/si~ prior to the ~on of this
B. Resolution.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby fir~, determine, ar~ resolve as foll~s:
Resolution No. 92-072
1. T~{.~ Council hereby specifically finds that all of the facts set
fc~ch i~ the Recitals, Part "A," of tb{-~ Resolution are true and correct.
tb~ abov~-~~ March 18, 1992 hearing, including written staff reports,
the minutes of the above-referenoed Planning Oomm/ssion meetin~, and the
contents of Planning C~,.,dssion Resolution No. 91-193, th/s Oouncil hereby
specifically finds as follow~:
(a) ~he application applies to pr~ generally located east
of Etiwanda Avenue, south of the Devo~-= Freeway and w~st of East Avenue with
an Etiwanda Ave~e fr~ of 712 feet, a Devote Freeway frontage of 348' feet
and an East Avenue frontage of 414 feet on prop~ zoned Low Medium Residen-
tial and is presently un/reproved; and
(b) The prc~ to tb~ north of tb~ subject site is single
family residential and vacant and zoned Iz~ Medium and Medium Residential (4-8
and 8-14 d~lling units per acre, respectively); the ~ to the south of
that site is single family residences and vacant and is zoned Low Medium
~esidential; the property to the east c~sists of single family residences and
vacant land and is zoned Luw Medium Residential and City of Fo~tana; and the
Uroperty to the w~st is single family residential and vacant and is zonsd Low
(c) The application contemplates the develo~ of 226 single
family residences with an average lot size of 8,685 square feet, and an
irfcerim deterfcion basi~ of 10.6 acres for the purpoee of reoei~ ~
for tb~ project as well as future projects in the immediate area; and
(d) ~e project as proposed will requ~e appxDval of related
Etiwanda Specific Plan Amendment 89-03, which would allow lots of a minimum
average lot size of 8,685 square feet or less (as amended) in the Low Medium
Resid__~_~tial District of the Etiwanda S~ecific Plan; and
(e) ~he application as pr~ wuuld be mterially detrimental
to the pers s pr rties in the i me iate vicinity of the site
for the reasons as follows:
a lettered paroel of 2.33 acres or greater for the ~ of a park, which is
the minimum re~,~m~nt of the Quimby Act (a m~,~ of 3 acres of park per
1,000 resi~_~_d~ts) a~d Rancho C~ ~u%icipal Oode Chapter 16.32, nc~ doe~
the Tentative Tract Map reflect a site plan design that ~ould allow this park
b~sin in the future. /_~ addition, the m~ 2.33 acre park site is
necessary to the goals and o jectives of the Plan in terms of
location (the General Plan re~,~es 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 develc~ for the use of citizens in
the ~mm~iate area), both of which are consistent with the goals of the
General Plan and Etiwanda Specific Plan fo= provid/r~ residential facilities
to meet the ncc~s of all segments of the population for recreation, relaxation
and socialization; and
Resolution No. 92-072
Page3
(2) ~he project oontemplates the construction of a sound
attenuation wall along the edge of the Devore Friday right-of-way, approxi-
mtely 11 to 12 feet high as measured at freeway grade, whic~ is necessary to
mitigate the cc~cerns of exposing people to potentially dangerous noise levels
in portic~s of the ~roject 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 seo/red; and
(3) ~he project cor~lates the removal of up to 213
trees on the pxx~_rty, many of whid~ are initially identified as in a healthy
~he application as p~oposed does not include a concurrently prooessed Tree
~ Permit nor any specific tree replacement quantities or species to
mitigate the loss of up to 213 trees on the property. ~ is incons~
with the City's Tree Preservation Ord/nanoe (Rancho ~ M~icipal Code
Chapter 19.08), the goals of the Etiwanda Specific Plan, and the absolute
policies of the Development COde (Rancho Cucamonga ~nnicipal Oode Section
17.08.050.E.8), which require r~placement of individual trees with species and
quantities of a minimum acceptable level and replacement of existir~ windrows
of Blue Gum Eucalyptus trees to encourage the protection of the wir~hreak
syst~ for reasc~ of public safety, wind protection, and h/stc~ical
significance; and
(4) The Tentative Tract Map and related plans reflect a
"grid" local street pattern, especially in the area south of Millet Avenue,
which is inoonsist~t with the Residential Design Policies of the City for
(Rancho Cucamonga mmicipal COde Section 17.08.090.C. 12 and Eti~ Specific
Plan Section 5.32.100); and
(5) The Tentative Tract Map and related plar~ include
local cul-de-sac streets that are designed with awkward side yard to rear yard
relationshipe; and
(6) The ard%itecture and related design elements within
consistent with ~e go~s and obj~iv~ of the ~iwa~a S~e~ifi¢ Pla,, which
states a project shall create or reinforoe the "sense of _~-m~-~ity i~ntity,
avoid the feeling of sameness or blandness, and enhance Etiwanda's dlaracter#;
(7) ~he project does not meet the m~n~ a%~rage lot size
3. At the abow~referenoed public hearing, the City Council denied
the associated Vestir~ Tentative Tract Map auplication.
repo~, this Council hereby finds and ooncludes am follows:
Resolution No. 92-072
Page 4
(a) ~hat the proposed project is not cc~s~ with tb~
General Plan, the Etiwanda Specific Plan, and the Develqmmmt CUde; and
(b) ~hat the pr~ design is not in accord with the
objectives of the Etiwanda Specific Plan, nor the purposes of the district in
(c) ~hat the proposed design is not in compliance with each of
tb~ applicable provisions of the Etiwanda Specific Plan and Develc~ Code;
(d) That the proposed design, together with the conditions
welfare and materially injurious to properties ~r i~ in the
vicinity.
5. Based on the findings and conclusions set forth in paragz-u~hs 1,
2, 3, and 4 above, the City Council of the City of Rancho O~n~a hereby
6. ~i~ Council hereby p~-ovides notice to U.S. Hc~e CUrporation
that the time within which judicial review of the decision re~ by this
Resolution m=~t be sought is governed by the ~-ovisic~s of California COde of
civil Prooedure Section 1094.6.
7. The City Clerk of the City of Rancho O~_~-~3a is hereby
~ to: (a) c~tify to the adoption of ~i~ m~olution, an~ (b)
forthwith transmit a certified copy of tb~ Resolution, by certified mail,
return-receipt requested, to U.S. Hc~e Curpc~ation at the address identified
8. ~he City Clerk shall certify to the adoption of this Resolution.
PASS~D, APPROVED, a~d ADO~ this 2~d day of Sept--, 1992.
AYES: Stout, Willi~, Wright
Resolution No. 92-072
Page5
Debz~a J..~, City Clerk
I, DEBRA J. ADAMS, CITY ~.WRK of the City of Rancho Cucamonga,
ap~ov~, a.~ ~ by t~ City C~il of the City of Ran~o
Califoznia, at a regular meeting of said City Council held on the 2nd day of
~, 1992.
Ex~cuted this 3rd day of Se~, 1992, at Rancho (~,