HomeMy WebLinkAbout92-071 - Resolutions RESOLUTIC{q NO. 92-071
A RESOLUI~C{q OF ~ CITY ~ OF ~]{E CITY OF RANO~
~, CAT.T]~C~qIA, D~qYING ~ ~
~. 14211, A ~~ ~~SI~ OF 226
~ ~ 81.2 ~ OF ~ ~ ~ ~ ~C
(8-14 ~ 4~ ~.~ ~ ~ ~, ~y),
~ ~ ~ ~ ~E OF ~A~,
D~ ~~ ~ ~ OF ~ A~,
~~ ~ ~ ~F - ~: 227-231~1,
16, ~ 32; 227-191-~; 227-181-24; ~ 227-261-~
A. Recitals.
(i) U.S. H~ne COrporation b~ filed an application for the approval
of Vesting Tentative Tract Map No. 14211 as described in the title of
to as the "application."
(ii) On A~ril 24 and Se~ember 25, 1991, the Planning C~.~.ission of
the City of Rancho _~?_~mr~ga corducted duly noticed public hearings ~
the cc~pl~ of the application. Follow~ oonclusi~x~ of the latter
hearing, the Plannin~ Oo~=ission ~ its Resolution No. 91-141 ~nyin~ the
(iii) ~he decision represe~oed by said Planning
Resolution was timely appealed to this Council.
(iv) Staff su~y a~ the Imroject application cc~plete on
October 30, 1991, prior to the hearir~ of on the a~Deal, ~ r~allifying
the action of the Plannin~ Oamaission of Se~ 25, 1991.
(v) On the llth day of _D~c~m_ ~r 1991, an~ oontirn~d~ to the 17th day
of Deoember 1991, the Plannin~ (l~muission of the City of Rancho Cucamoncja
conducted duly noticed public hear~ on the application ard, followin~
conclusion of said public hearings, adopted its l%esolution No. 91-192 denyin~
the application.
(vi) ~he decision represent_~d by said Planning O~...{~i~ Resolution
was timely appealed to the City Council.
(vii) On the 18th day of March 1992, the City Council of the City of
Rancho Cucammx}a conducted a duly noticed public hearin~ and ~ncluded said
(viii) Ail legal urerequisites prior to the _~%~cion of tb{~
B. Resolution.
NOW, ~H~tEF~RE, the City Council of the City of Rancho Cucamo~m3a does
here~ find, determine, and resolve as follows:
Resolution No. 92-071
p~g. 2
1. ~ Council hereby specifically fir~m that all of the facts set
f~xth in the Recitals, Part "A," of this Resolution are true and correct.
2. Based upon substantial evidence presented to tb{~ Council during
the above-ref~ March 18, 1992 hearir~, in~l~ writte~ staff reports,
the minutes of tb~ above-referenced Planning (k-..mission meetings, and the
cc~tents of Planning Ck~maission Resolution No. 91-192, this Council hereby
specifically finds as follc~s:
(a) ~he application applies to property generally located east
of Etiwanda Avenue, scuth of the Devore Freeway a~ w~st of ~t Avenue with
an Etiwanda Avenue fr~ of 712 feet, a Devore Freeway fr~ of 348 feet
and an ~'m.~c Avenue frc~ of 414 feet on pr~ zoned I~ Medium
(b) ~ ~ to ~ ~ of ~ ~~ .site ~. s'.~.le
family residential and vacant and zoned Low Medium and Medium Residential
(4-s an~ 8-14 d~llin~ uni~ per a~e, r~p~c~vely); the pr~erty to
south of that site is single family residemm~ and vacant and is zoned Low
Medium Residential; the pr~ to the east c~sists of single family
residences and vacant land and is zoned Low Ms~ium Residential and City of
Fontana; an~ the uro~ to the ~mst is single family residential an~ vacant
(c) The application collates the develc~ of 226 single
family residences with an average lot size of 8,685 square feet, and an
irfce~i~ ~on basin of 10.6 acres for the purpose of receiving drainage
for this project as w~ll as future projects in the immediate area; and
(d) The project as pr~ will rec~re approval of related
Eti~ Specific Plan Amendment 89-03, which w~uld allow lots of a
average lot size of 8,685 square feet or less (as amended) in the Lc~ Medium
Residential District of the Etiwanda Specific Plan; and
(e) ~%e application as proposed w~uld be mteriall¥ detr~
to the persons and properties in the imm~liate vicinity of the proposed site
for the reasons as follows:
a let-tex~d parcel of 2.33 acres or greater for the purpoee of a park, which is
the m~ni~m r~q~~ of the Quimby Act (a m~ni~m of 3 ac~s of park per
1,000 resicle~t~) and Rar~ho (~ Mu~i¢i~ C~x~e C~ 16.32, r~r does
the Tentative Tract Map reflect a site plan design that w~uld allow this park
basin in the future. /~ addition, the m~n_i~l]~ 2.33 ac~e 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 ar~ Foothill B~ulevard) an~ intent (the
park should be px~vided at the time of develo~ for the use of citizens in
Resol~ion ~.92~71
p~e3
the i~m~diate area), both of which are ccmsistent with the g~als of the
Gena--41 Plan and Etiwanda Specific Plan f~r ~-ovidin~ resid~f~ial facilities
to meet the necks of all segments of the population f~r recreaticm, relaxatic~
(2) Tb~ project ~mYcemplates the construction of a sourd
attenuation wall along the edge of the Dev~x~ Freeway right-of-way, ap~-
mately 11 to 12 feet high as measured at freeway grade, which is necessary to
mitig3te the c~n~erns of exposing people to potentially dan~ noise l~vels
in porti~ of the project area. As required by the Genex-41 Plan, the
feasibility of the w~ll, its height, location, and ~m%~cruction has yet to be
(3) The project o~ntemplates the r-mnv~l of up to 213
trees on the property, many of which are initially i__dentified as in a b~lthy
The application as p~ does not include a c~m~urrmntly urocessed Tree
Removal Permit nor any specific tree replacemmmt ~mntities ~r species to
mitigate the lo~s of up to 213 trees on the property. ~ is inocmlsistent
with the city's Tree Preset-ration Ordinance (Rancho ~ Municipal Code
Chapter 19.08), the goals of the Etiwanda Specific Plan, ard the absolute
policies of the Develc~ Oode (Rancho O_w~m~n~ F~nicipal Code Section
17.08.050.E.8), which re~Hre replacement of indivi~] trees with species ard
quantities of a minimum accepemhle level ard replacement of existing wirdr~es
of Blue ~um Eucalyptus trees to ~ the protection of the ~
system f~r reasons of public safety, wind protection, ard ~icml
significance; ard
(4) The Tentative Tract Map and related plans reflect= a
"grid" local street pattern, especially in the area south of Miller Avenue,
which is in~ns~ with the Rmsidential Design Policies of the City f~r
(Rancho O~_~z3~ ~micipal Code Section 17.08.090.C.~ an~ Etiwanda Specific
Plan Section 5.32.100); and
(5) ~he Tentative Tract Map ard related plans include
local cul-de-sac streets that are designed with ~ side yard to rear yard
relationships; and
(6) ~he architecture ard relate~ design elements within
consistent with the g~%ls and objectives of the Etiwanda Specific Plan, which
states a t~roject shall create or reinfc~=e the "sense of c~m.-,nity identity,
avoid the feeling of ._~m~ness or blandness, and enhance Etiwarda's character";
(7) ~he uroject does not meet the m{n{mm~ average lot size
as re~{~ed by the Etiwanda Specific Plan.
3. At the above-referenced public hearir~, the City Cour~il denied
the associated Design Review of the Vesting Tentative Tract Map application.
Resolution No. 92-071
Page 4
4. Based upon the substantial evidence presented to t_his Council
during the ahov~-refereaoed public hearing, including written and ~ staff
reports, this Council hereby finds and concludes as follows:
(a) The t~rfcative tract is not consistant with the General
Plan, the Eti~ Specific Plan, and the Develo~ Code; and
(b) ~he design or i~prowm~Tc~ of the tentative tract are not
oo~s~ with the General Plan, the Etiwanda Specific Plan, nar the
(c) The design of the subiivision is likely to cause
habitat; and
(d) ~he evidence presented to tbi~ Council has identified
substantial potential adverse enviro~ms~al effects of the applied for
5. Based on the findings and conclusic~s set forth in paragraphs 1,
2, 3, and 4 above, the City Council of the City of Rancho C~ hereby
that the time within which judicial review of the decision ~ by this
Resolution mm~t ~e sought is govexT~ by the Ix~visi~ of Califc~nia Code of
Civil Procedure Section 1094.6.
7. ~he City Cl~rk of the City of Rand~ ~ is hereby
~ to: (a) o~tify to the ~on of this m~olution, an~ (b)
fc~chwith transmit a certified copy of this Resolution, by cexT_ified mail,
return-receipt requested, to U.S. Pk~e (2xlmmration at the addres~ identified
in city records.
8. ~he City Clerk sb~] 1 cartify to the ~on of this Resolution.
PASS'I), ~, a~d ADOlml~D tbi~ 2r~ day of Se~xmm~, 1992.
AYES: Stout, Williams, Wright
Resolutic~ No. 92-071
~ge5
J. ~ City Clerk
I, DEB~A J. ADAMS, CITY c~.FRK of the City of Rancho Cucam0nga,
California, do hereby certify that the fc~e~oing Resolutic~ was duly passed,
~, ~ ~ ~ u~ city omm~il of u~ city of
Califoxnia, at a regular meetin~ of said City Council held o~ the 2nd day of
September, 1992.
Executed this 3rd day of Se~csmber, 1992, at Rancho