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HomeMy WebLinkAbout91-019 - Resolutions RESOI/3TIONNO. 91-019 A RESOLUTION OF THE CITY CDUNCIL OF THE CITY OF RANf2{O ~, CALIFORNIA, D~TfING WITHOUT PRFJUDICE THE DESIGN REVI~ FOR VESTING T~qTATrVE TRACT NO. 14630, THE DEVELO~ OF 328 (3~ ~ ON 20.15 ACRES OF LAND IN THE M~DI-t~ (8-14 DWRLLrNG UNITS PER ACRE) AND M~D1T~-HIGH RESID~f/3%L DISTRICT (14-24 DWFLLING UNITS PER ACRE) , WITHIN THE VICTORIA PIANN~D ~, ~ AT THE NORPHEAST CORNER OF BASE LINE ROAD AND MILLIK~q 227-691-01 A. Recitals. (i) Lincoln Property Company bas filed an application for the Design Review of Vesting Tract No. 14630 as described in the title of this Resolu- tion. Hereinafter, the subject Design Review request is referred to as "the application." (ii) On June 13, 1990, the Planning Commission 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 Commission. On August 8, 1990, the Planning Cc~,m~ssion voted to reconsider the application and directed the applicant to continue working with surrour~ir~ residents and resutmdt revised plans for processing. (iv) On the 14th day of November 1990, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing to consider the application and following the conclusion of said hearing, the Planning Commission adopted its Resolution No. 90-147 denying the application. (v) The decision represented by said Planning Commission Resolution was timely appealed to this Council. (vi) On the 16th day of January 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, TH]~J~FORE, the City Council of the City of Rancho Cucamonga 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. 91-019 Page 2 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing of January 16, 1991, including written and oral staff reports, this Council hereby specifically finds as follc~s: (a) The application applies to property located on the northeast 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 property 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 ~acant. The property to the south is zoned Neighborhood Co~u~rcial and is currently vacant, although approval has been granted for a (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 C~u~,~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 Code, the development as contemplated in the application requires a separate approval of a Vesting Tentative Tract Map. (e) The application as proposed is not in conformance with the Rancho Cucamonga General Plan, Victoria Co~L,,L~dnity 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 Cucamong~'s General Plan policy for the Medium R~sidential 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 oontrary, the application proposes to redesignate the northerly half of the site, which adjoins low density single family residential areas, frc~ Medium Rmsidential to Medium-High Residential (14-24 dwelling units per acre); (2) The site plan arrangement does not sufficiently address a c~atible transition of unit type and density from adjacent single family residential areas. The site plan as reflected in the application Resolution No. 91-019 Page 3 reflects all t-~ buildings, rangin~ from 8 to 16 units per ~uilding, arranged in the stacked floor plan o0~figuration associated with apartment housing type. Further, this housing type is inoonsistent with General Plan policy to primarily build deta ~c~__ housing units in the Medium Residential classification; (3) The site plan su~~ in conjunction with the application reflects a gated access point on Milliken Avenue. With the major public attraction of the future 100-acre Central Park being located immediately west of the subject site, the site plan would potentially encourage the residents of this project to croes Milliken Avenue mid-block, thus enoouraging an unsafe crossing point on a street that is projected to carry a high volume of traffic; (4) The archi~ as reflected in the application does not create the "attractive aesthetic urban design" character consistent with the goals of the Victoria C~L~,~r~ity Plan. The architecture was described by the Planning C~mLdssion as '~ne" and "pedestrian" in appearance and without rec3ard to the surrounding area. 3. At the above-referenced public hearing, the Council denied the associated Vesting Tentative Tract Map application. 4. Based upon substantial evidence presented to this Council during the above-referenced public hearing and upon specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Omalcil hereby finds and concludes as follows: (a) ~nat 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 Development Code and 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 Development' Code; and (d) That the proposed design, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 5. This Council b~_reby pz~ovides notice to Lincoln Property Company that the time within which judicial review of the decision represented by this Resolution must be sought in governed by the p~-ovisions of California Code of Civil Procedure Section 1094.6. Resolution No. 91-019 Page 4 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Lincoln Property C~ at the address identified in City records. 7. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, 5, and 6 above, this Council hereby denies the application. PAS~, AP~, and ADOPI~D this 16th day of January, 1991. AYES: Alexander, Buquet, Stout, Williams, Wright NOES: None ABS~I~T: None ~ Dennis L. Stout, Mayor ~bra J. Ad~, City Clerk I, D~]~RA J. ADAM~, CITY cLWRK of the City of Ratio Cucamonga, California, do h~ ~~ ~t ~e fo~o~ ~l~ion ~ ~y ~, a~r~, ~ ad~ ~ ~ Ci~ ~il of ~e Ci~ of ~o ~~, ~lifo~a, at a ~~ ~~ of ~id Ci~ ~il ~ld ~ ~ 16~ ~y of J~, 1991. ~~ ~ 17~ ~y of J~, 1991 at ~o ~~, ~lifo~a. ~ J. ~, Ci~ Cl~k