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Home My WebLink About13-014 - Resolutions RESOLUTION NO. 13-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT DRC2012-00727, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM MIXED USE TO MEDIUM HIGH RESIDENTIAL FOR 19.25 ACRES LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-151-49 AND 50. A. Recitals. 1. Homecoming V at Terra Vista, LLC filed an application for the approval of General Plan Amendment DRC2012-00727, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 9th day of January 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval by the City Council. 3. On the 6th day of February 2013, 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. 4. 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 Council 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 the substantial evidence presented to this Council during the above-referenced public hearings on February 6, 2013, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 19.25-acre vacant project site is located on the south side of Church Street between Mayten Avenue and Malaga Drive; and b. The applicant proposes the development of a 306-unit market-rate rental condominium on the project site; and C. The site is within the Medium High Development District of the Terra Vista Community Plan and has a proposed density of 15.9 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre; and d. The site is bounded by a multi-family development to the north in the High (H) Residential Development District; a vacant lot to the south in the Community Commercial (CC) Development District; a senior housing development to the west in the Mixed Use (MHO) Development District; and, a single-family residential development to the east in the Low Medium (LM) and Medium (M) Development District; and e. The applicant requests to amend the General Plan in order to change the land use designation from Mixed Use to Medium High Residential, in line with the Terra Vista Community Plan; and f. The General Plan development designation for the project site was changed from Medium High (MH) Residential to Mixed Use (MU) with the 2010 General Plan Update. As part of the 2010 Update, the City identified large vacant parcels along Foothill Boulevard as potential mixed use sites in order to encourage the creation of transit oriented developments; and g. The applicant recently purchased the existing residentially zoned portion of the site in order to develop a multi-family project in conformance with the Terra Vista Community Plan. They do not wish to develop an integrated mixed use project as outlined in the General Plan; and h. The project also includes an associated Development Review (DRC2012- 00726) and Tentative Tract Map (SUBTT18856), which were approved by the Planning Commission on January 9, 2013. 3. Based upon the substantial evidence presented to this Council 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 proposed project will be consistent with the General Plan, Development Code, and the Terra Vista Community Plan with the approval of this General Plan Amendment; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and the Terra Vista community Plan; and C. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council affirms the Planning Commission's decision and finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Resolution No. 13-014 - Page 2 of 4 Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the previously adopted Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the previously adopted Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the City Council hereby affirms the previously adopted Mitigated Negative Declaration. C. The City Council has also reviewed and considered the previously adopted Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during implementation of the project. The City Council therefore affirms the previously adopted Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council's decision is based, is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is to change the General Plan land use designation for the site from Mixed Use to Medium High Residential in order to construct a 306-unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50 (see Staff Report Exhibit A for text and map changes to the General Plan). 2) All environmental mitigation measures and standard conditions outlined in the Resolutions of Approval for Development Review DRC2012-00726 and Tentative Tract Map SUBTTT18856 shall be adhered to. 6. The City Clerk shall certify the adoption of this Resolution. please see the following page for formal adoption,certification and signatures Resolution No. 13-014 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 20' day of February 2013. AYES: Alexander, Michael, Steinorth, Williams NOES: None ABSENT: Spagnolo ABSTAINED: None 1 r � L. Dennis Michael, Mayor ATTEST: �ll!/K./P.(, 4�0 ice C. Reynolds, City(-Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of February 2013. Executed this 21 s`day of February 2013, at Rancho Cucamonga, California. ice C. Reynolds, Cit Jerk Resolution No. 13-014 - Page 4 of 4