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HomeMy WebLinkAbout2009/06/24 - Agenda Packet - Planning Commission I • THE CITY OF RANCHO CUCAMONGA Lig PLANNING COMMISSION AGENDA RANCHO CUCAMONGA JUNE 24, 2009 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL To ORDER Roll Call Chairman Fletcher Vice Chairman Munoz Stewart_ Howdyshell _ Wimberly H. ANNOUNCEMENTS • III. APPROVAL OF MINUTES June 10, 2009 Regular Meeting Minutes IV. PUBLIC HEARINGS A. DEVELOPMENT CODE AMENDMENT DRC2009-00452 - FOREST CITIES - A proposed amendment to the Development Code, amending Section 17.14.040. to clarify that the Victoria Gardens Master Plan shall control the development process in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and, Development Agreement Amendment DRC2008-00385. This item will be forwarded to the City Council for final action. • 1 of 4 I n PLANNING COMMISSION AGENDA 1- JUNE 24, 2009 RANCHO CUCAMONGA B. VARIANCE - DRC2007-00396-JALAL NOORZADY-A request to reduce the required corner side yard setback from 27 feet to 21 feet for the purpose of building a single-family residence.The property is located in the Low residential (L) district (2-4 dwelling units per acre) at the southeast corner of Amethyst Avenue and 19th Street - APN: 202-111-05. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 5 exemption under State CEQA Guidelines Section 15305, which covers minor alterations in land use limitations and includes variances for side yard setbacks. C. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2008-00802 - SCHEU STEEL - C. R. CARNEY ARCHITECTS - A proposal to develop a 61,141-square foot manufacturing/warehouse building on a property of 5.52 acres in the General Industrial District (Subarea 1), located on the west side of Vineyard Avenue, south of 9th Street (8810 Vineyard Avenue). APN: 0207-271-49, 23 and 46. Related • Files: Preliminary Review DRC2008-00441, and Tree Removal Permit DRC2008-00803. A Mitigated Negative Declaration of Environmental Impacts has been prepared for consideration. CONTINUED FROM JUNE 10, 2009, AND JUNE 24, 2009. CONTINUANCE IS REQUESTED TO THE JULY 8, 2009 MEETING. V. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. VI. COMMISSION BUSINESS/COMMENTS VII. ADJOURNMENT - The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. • 2 of 4 • • r-° ,. ;,, PLANNING COMMISSION AGENDA " JUNE 24, 2009 RANC110 CUCAMONGA I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 18, 2009, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to • ensure accessibility. Listening devices are available for the hearing impaired. • • INFORMATION FOR THE PUBLIC • TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. • 3of4 1.4*, PLANNING COMMISSION AGENDA JUNE 24, 2009 RANCHO CUCAMONGA AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,124 for maps and $2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonpa.ca.us • • 4 of 4 lir . Vicinity Map • Planning Commission June 24, 2009 rma SPHERE OF INFLUENCE �I - • w J I UI HILL-IDE Z y ul a c WIL IN i '' Z 4 A. cc p `, - H. WPA ir- 210, - .. - �' ���i.._�2'10- • 19TH ti A ,l BASE LINE er 1 �■��� ��./CHURCH ' � ��* � ;, � FOOTHILL Ira IB'�',�✓�INI/ ORRROW ny wa 1 8TH 0 h QO ,. ,s m •.. W U " I C j Z; Q ! W az 4TH • B N * Meeting Location: City Hall • 10500 Civic Center Drive • STAFF REPORT • PLANNING DEPARTMENT DATE: June 24, 2009 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DEVELOPMENT CODE TEXT AMENDMENT DRC2009-00452 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Development Code, amending Section 17.14.040 to clarify that the Victoria Gardens Master Plan shall control the development process in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and, Development Agreement Amendment DRC2008-00385. This item will be forwarded to the City Council for final action. • PROJECT AND SITE DESCRIPTION: Forest City Commercial (applicant) requested a series of related amendments to the planning documents that govern the development of the Victoria Gardens Regional Mixed Use Lifestyle Center. After the approval of those amendments on May 6, 2009, staff determined that it would be prudent to amend the Development Code to clarify that the Victoria Gardens Master Plan (VGMP) shall control the development process in the VGMP area. The current project site is designated as the Victoria Planned Community on the Land Use Map and Mixed Use on the City's General Plan. •A. Surrounding Land Use and Zoning: North - Residential uses designated as being within the Victoria Planned Community South - A mix of commercial/retail uses designated as being within the Victoria Planned Community East - Interstate 15 (1-15) with residential uses to the east of 1-15 West - Multiple-family residential units designated as being within the Victoria Planned Community B. General Plan Designations: North - Mixed Use South - Mixed Use East - I-15 Right-of-Way with Medium Residential (8-14 du's/ac) and Commercial • designations to the east of 1-15 • West - Mixed Use Item A PLANNING COMMISSION STAFF REPORT • DRC2009-00452 — CITY OF RANCHO CUCAMONGA June 24, 2009 • Page 2 C. Site Characteristics: The 174 acre site is currently developed with the Victoria Gardens Regional Mixed Use Lifestyle Center consisting of approximately 1,413,383 square feet of Commercial/Office uses, approximately 92,000 square feet of Civic uses, and 215 dwelling units with an additional 95 dwelling units approved but not yet constructed. Current uses include an open-air mixed-use complex, compatible blend of major retail tenants, specialty commercial uses, restaurant and entertainment venues, Civic uses, office uses, residential dwellings, and community facilities. ANALYSIS: A. General: On May 6, 2009 the City Council Certified the Supplemental Environmental Impact Report and approved various text amendments to the Victoria Gardens Master Plan, Victoria Community Plan, Victoria Arbors Plan, an amendment of the Development Agreement, and a General Plan Amendment for the Victoria Gardens Regional Mixed Use Lifestyle Center. The Victoria Gardens Master Plan (VGMP) and associated Environmental Impact Report were originally approved on February 20, 2002. The applicant, Forest City, proposed the amendments to allow for greater flexibility to construct the remaining number of dwelling units and undeveloped commercial office/retail space and to allow for a more efficient use of available land within the VGMP Project area. For clarity, staff is recommending amending the Development Code to reflect that the VGMP • is the governing document for the VGMP area. B. Development Code Amendment: The amendment would specifically clarify that the VGMP shall control the development process in the VGMP area. Staff recommends that the language in the Development Code be amended as follows: Section 17.14.040. Adopted Planned Communities, Section F is hereby amended to read as follows: "Development within the planned communities is subject to the review process as contained in Chapters 17.04 and 17.06 unless the text of the applicable community plan provides otherwise. " C. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City certified a Supplemental Environmental Impact Report on May 6, 2009 in connection with the City's approval of Victoria Gardens Master Plan Amendment. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (Hi) new important information shows the project will have new or more severe impacts than • A-2 PLANNING COMMISSION STAFF REPORT DRC2009-00452 — CITY OF RANCHO CUCAMONGA • June 24, 2009 Page 3 or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated the Development Code Amendment and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The Development Code Amendment will clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. The Master Plan Amendments were approved by the City Council on May 6, 2009 for the Victoria Gardens Mixed Use Lifestyle Center. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed amendments and impacts were thoroughly analyzed in the Supplemental Environmental Impact Report and the Development Code Amendment is to clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of the Development Code Amendment. CORRESPONDENCE: This item was advertised with a large, 1/8t" page legal ad as a public • hearing in the Inland Valley Daily Bulletin newspaper and the property was posted. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution recommending that the City Council approve Development Code Text Amendment DRC2009-00452. • Respectfully submitted, Ja s R. Troyer, AICP Planning Director JRT:CB/Is Attachments: Exhibit A - May 6, 2009 Staff report (text only without attachments) Draft Resolution.Recommending Approval of Development Code Amendment DRC2009-00452 • • • •• A-3 STAFF REPORT isse • PLANNING DEPARTMENT w RANCHO CUCAMONGA Date: May 6, 2009 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Candyce Burnett, Senior Planner Subject: SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND GENERAL PLAN AMENDMENT DRC2008-00384 - FOREST CITY ENTERPRISES, INC. - A proposed amendment to the General Plan, amending Table 111-4 to allow mixed uses with residential in the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and, Development Agreement Amendment DRC2008-00385. • SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00383 - FOREST CITY ENTERPRISES, INC. - A proposed amendment to the text of the Victoria Community Plan to accommodate changes to the Victoria Gardens Master Plan (VGMP) and to clarify that the VGMP shall control the land uses in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the • south, Church Street to the north, Day Creek Boulevard to the west and Interstate I- 15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Arbors Master Plan Amendment DRC 2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and Development Agreement Amendment DRC2008-00385. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00146 - FOREST CITY ENTERPRISES, INC - A proposed amendment to the text of the Victoria Arbors Master Plan to include references to the VGMP and clarify that the VGMP shall control the land uses in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008-00383, Victoria Gardens Master Plan Amendment DRC2009-00145, and Development Agreement Amendment DRC2008-00385. EXHIBIT A A-4 CITY COUNCIL STAFF REPORT DRC2008-00381 - FOREST CITY ENTERPRISES, INC. May 6, 2009 Page 2 • SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2009-00145 - FOREST CITY ENTERPRISES, INC.- A proposed amendment to the Victoria Gardens Master Plan (VGMP) modifying "Permissible Building Areas" to reallocate Dwelling Unit and Commercial Office square footage, increase the average building heights and change building setback requirements within the Main Street Area, and clarifying permitted and conditionally permitted uses within the VGMP, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I- 15 to the east. Related Files: Environmental.Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Development Agreement Amendment DRC2008-00385, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC 2009-00146. A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND DEVELOPMENT AGREEMENT AMENDMENT DRC2008-00385 - FOREST CITY ENTERPRISES, INC. - A proposed amendment to Development Agreement DA01- 02 to incorporate General Plan Amendment DRC2008-00384; Victoria Community Plan Amendment DRC2008-00383; Victoria Arbors Master Plan Amendment DRC2009-00146 and Victoria Gardens Master Plan Amendment DRC2009-00145 into the vested rights applicable to the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga • bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384; • Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC 2009-00146, and Victoria Gardens Master Plan Amendment DRC2009-00145.) RECOMMENDATION: Staff recommends that the City Council take the following actions: 1. Approve the Resolution certifying the Final Supplemental ER for all applications, and adopting the Statements of Facts and Findings and Overriding Considerations and the Mitigation Monitoring and Reporting Program; and 2. Approve the Resolution for General Plan Amendment DRC2008-00384; and 3. Adopt the Ordinance approving Victoria Community Plan Amendment DRC2008-00383; and 4. Adopt the Ordinance approving Victoria Arbors Master Plan Amendment DRC2009- 00146; and 5. Adopt the Ordinance approving Victoria Gardens Master Plan DRC2009-00145; and • A-5 CITY COUNCIL STAFF REPORT DRC2008-00381 - FOREST CITY ENTERPRISES, INC. May 6, 2009 • Page 3 6. Adopt the Ordinance approving the third amendment to Development Agreement (DA01- 02) DRC2008-00385. BACKGROUND: The applicant has requested a series of amendments to the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and a development agreement between the City and the applicant. The Victoria Gardens Master Plan and associated Environmental Impact Report were approved on February 20, 2002 and allows for approximately 2.45 million square feet of retail, office, and civic uses as well as up to 600 multiple-family residential units. Approximately 52% (36% built and 16% approved but not built) of the approved residential dwelling units and 57% of the approved commercial, office, and civic uses included in the Victoria Gardens Master Plan have already been completed. The proposed amendments do not increase the total amount of allowed development, but are designed to allow for the most efficient use of available land area within the VGMP Project area, and to allow for creative and distinctive building design solutions in achieving these goals. The requested amendments are discussed in greater detail in the attached Planning Commission report dated April 8, 2009. Planning Commission Summary On April 8, 2009 the Planning Commission conducted a public hearing to review the proposed amendments. At the meeting staff presented a power point presentation to describe the • proposed amendments and environmental impacts of the project. The applicant Forest City Enterprises, INC. also presented a power point presentation to illustrate how the proposed amendments will accommodate the future build out of the Victoria Gardens Lifestyle Center. No additional public comments were received during the public hearing. The Planning Commission found the proposal appropriate and adopted the resolutions forwarding a recommendation to the City Council for certification of the SEIR and approval of the associated amendments. ENVIRONMENTAL ASSESSMENT: An ER for the Victoria Gardens project was previously certified on February 20, 2002 in connection with the City's original approval of the Victoria Gardens Project. Staff evaluated the proposed amendments, and based upon the potential impacts of the project, determined that a Supplemental EIR would be necessary to evaluate the environmental issues raised by the modifications to the Victoria Gardens Master Plan and associated applications. Two major environmental categories were evaluated in the Draft SEIR; Aesthetics and Air Quality, and the other fourteen major categories were found to be insignificant in the Initial Study prepared for the project and therefore were not evaluated in the SEIR. The SEIR concludes that upon implementation of the project and all recommended mitigation measures, the Aesthetics and Air Quality impacts associated with the proposed project would remain significant. A Statement of Facts and Findings and Overriding Considerations must be"adopted for the project in accordance with CEQA Section 21081. A summary of all of the project-related impacts and the recommended mitigation measures is provided in the SEIR and in Exhibit "D" attached to the April 8, 2009 Planning Commission Staff report. At the April 8, 2009 Planning Commission meeting the Commission found that the SEIR was prepared in compliance with California Environmental Quality Act (CEQA) and recommended • certifying the SEIR as complete and adequate. Additionally, the Planning Commission reviewed A-6 CITY COUNCIL STAFF REPORT DRC2008-00381 - FOREST CITY ENTERPRISES, INC. May 6, 2009 Page 4 • the unavoidable impacts of the project and determined that the economic and social benefits outweighed the adverse impacts and unanimously recommended that the Council adopt the Statements of Facts and Findings and Overriding Considerations. FACTS FOR FINDING: The Planning Commission recommends the City Council make the findings and conclusions as contained in the attached Resolution for Statements of Facts and Findings and Overriding Considerations. CORRESPONDENCE: This item was advertised with a large, 1/8th page legal ad as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. All tracts that were touched by the 660-foot radius were fully included in the mailing. In addition, all individuals that provided comments during the comment period received copies of the Final Supplemental EIR at least 10 days prior to the Planning Commission hearing as required by the California Quality Act. CONCLUSION: The Victoria Gardens Master Plan approved in 2002; was prepared as the governing land use and design document for the approximately 174-acre project site. The proposal to amend the approved VGMP and related documents will allow the developer flexibility to construct the remaining number of dwelling units and undeveloped square footage of office/retail space. The proposed amendments would encourage compatible residential infill development within the Main Street Area and allows for medium and high density residential • and mixed-use projects. Respectfully submitted,, / v�vu�J 11 0 James Troyer, AICP • Planning Director JT:CB/Is Attachments: Exhibit A— Final SEIR (Previously provided under separate cover) Exhibit B — Planning Commission Staff Report dated April 8, 2009 . Exhibit C — Planning Commission Minutes dated April 8, 2009 Resolution Certifying the Final SEIR Resolution Approving General Plan Amendment DRC2008-00384 Ordinance Approving Victoria Community Plan Amendment DRC2008-00383 Ordinance Approving Victoria Gardens Master Plan Amendment DRC2009-00145 Ordinance Approving Victoria Arbors Master Plan Amendment DRC2009-00146 Ordinance Approving the Third Development Agreement Amendment DRC2008- 00385 • A-7 • RESOLUTION NO. 09-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2009-00452 A REQUEST TO AMEND SECTION 17.14.040.F. TO CLARIFY THAT THE VICTORIA GARDENS MASTER PLAN SHALL CONTROL THE DEVELOPMENT PROCESS IN THE VGMP AREA FOR THE VICTORIA GARDENS REGIONAL MIXED USE LIFESTYLE CENTER,AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2009-00452, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 24th day of June 2009, 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. 3. 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 the substantial evidence presented to this Commission during the above- referenced public hearing on June 24, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed Development Code Text Amendment contemplates amending Section 17.14.040, Adopted Planned Communities, Section F to read: Development within the planned communities is subject to the review process as contained in Chapters 17.04 and 17.06 unless the text of the applicable community plan provides otherwise. c. The proposed amendment will not have a significant impact on the environment. • 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. This Development Code Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner • consistent with the General Plan and with related development; and b. This Development Code Text Amendment does promote the goals and objectives A-8 PLANNING COMMISSION RESOLUTION NO. 09-23 DCA DRC2009-00452 - CITY OF RANCHO CUCAMONGA June 24, 2009 • Page 2 • of the Development Code; and • c. The proposed amendment Development Code Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 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 Planning Commission 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, the City certified an Environmental Impact Report (EIR) on May 6, 2009 in connection with the City's approval of the Victoria Gardens Master Plan Amendment. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the • environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. • b. The Planning Commission finds, in connection with the Development Code Text Amendment that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The Development Code Amendment will clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. The Master Plan Amendments were approved by the City Council on May 6, 2009 for the Victoria Gardens Mixed Use Lifestyle Center. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed amendments and impacts were thoroughly analyzed in the Supplemental Environmental Impact Report and the Development Code Amendment is to clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Development Code Text Amendment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3;and 4 above, • this Commission hereby recommends approval of Development Code Amendment No. DRC2009- 00452 by the adoption of the attached City Council Ordinance. A-9 PLANNING COMMISSION RESOLUTION NO. 09-23 DCA DRC2009-00452 - CITY OF RANCHO CUCAMONGA June 24, 2009 • Page 3 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24th DAY OF JUNE 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, 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 24th day of June 2009 by the following vote-to-wit: • AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: •• A•10 • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2009-00452 A REQUEST TO AMEND SECTION 17.14.040.F TO CLARIFY THAT THE VICTORIA GARDENS MASTER PLAN (VGMP) SHALL CONTROL THE DEVELOPMENT PROCESS IN THE VGMP AREA FOR THE VICTORIA GARDENS REGIONAL MIXED USE LIFESTYLE CENTER, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2009-00452, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Text Amendment is referred to as "the application." 2. On June 24, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Text Amendment and, following the conclusion thereof, adopted its Resolution No. 09-23, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Text Amendment DRC2009-00452. 3. On , 2009, the City Council of the City of Rancho Cucamonga conducted a duly-noticed public hearing on the application. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Findings. Based upon substantial evidence presented to the City Council during the above- referenced public hearing on , 2009, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. As shown and attached hereto as Exhibit "A," the application proposes changing Section 17.14.040.E of the Development Code; and c. The proposed Development Code Text Amendment will not have a significant impact on •the environment. • A-11 CITY COUNCIL ORDINANCE NO. DRC2009-00452 — City of Rancho Cucamonga , 2009 Page 2 • 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 Council hereby finds and concludes as follows: a. The proposed Development Code Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. The proposed Development Code Text Amendment does promote the goals and objectives of the Development Code, and; c. The proposed Development Code Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 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.Planning Commission 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, the City certified an Environmental Impact Report (EIR) on May 6, 2009 in connection with the City's approval of the Victoria Gardens Master Plan Amendment. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The City Council finds, in connection with the Development Code Text Amendment that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The Development Code Amendment will clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. The Master Plan Amendments were approved by the City Council on May 6, 2009 for the Victoria Gardens Mixed Use Lifestyle Center. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed amendments and impacts were thoroughly analyzed in the Supplemental Environmental Impact Report and the Development Code Amendment is to clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. • c. Based on these findings and all evidence in the record, the City Council concurs with the staff determination that no additional environmental review is required pursuant to CEQA in A-12 CITY COUNCIL ORDINANCE NO. DRC2009-00452 — City of Rancho Cucamonga , 2009 • Page 3 connection with the City's consideration of the Development Code Text Amendment. d. The custodian of records for the Initial Study, Supplemental Environmental Impact Report, 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 City Council hereby approves Development Code Text Amendment DRC2009-00452, 6. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper • of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. APPROVED AND ADOPTED THIS _ DAY OF 2009. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: Dr. Donald J. Kurth, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the day of 2009, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: • A-13 CITY COUNCIL ORDINANCE NO. DRC2009-00452 — City of Rancho Cucamonga , 2009 Page 4 • Exhibit A Text Amendment to the Development Code Section 17.14.040 Adopted Planned Communities, Section F is hereby amended to read as follows: "Development within the planned communities is subject to the review process as contained in Chapters 17.04 and 17.06 unless the text of the applicable community plan provides otherwise. " • • A-14 • STAFF REPORT PLANNING DEPARTMENT RANCHO CUCAMONGA Date: June 24, 2009 To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner Subject: VARIANCE DRC2007-00396 - JALAL NOORZADY - A request to reduce the required corner side yard setback from 27 feet to 21 feet for the purpose of building a single-family residence. The property is located in the Low Residential (L) District (2-4 dwelling units per acre), at the southeast corner of Amethyst Avenue and 19th Street - APN: 0202-111-05. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 5 exemption under State CEQA Guidelines Section 15305, which covers minor alterations in land use limitations and includes variances for side yard setbacks. • CASE HISTORY: This Variance request was originally reviewed by the Planning Commission on July 25, 2007. The Planning Commission recommended that the applicant reduce the size of the proposed house and submit the revised drawings to the Design Review Committee prior to rescheduling the item for their review. The Design Review Committee reviewed the project on December 18, 2007, and determined that the applicant had made substantive progress in addressing the concerns raised by the Planning Commissioners and that the Variance should be scheduled for Planning Commission review. Staff scheduled the item for the February 13, 2008, Planning Commission meeting. At that meeting, the Planning Commission determined that the applicant needed to make additional changes to make the house more compatible with the surrounding neighborhood. The applicant stated that he was unwilling to make any additional changes and that if the Planning Commission did not approve the request he would appeal their decision to the City Council. The Planning Commission passed a motion to have staff • draft a Resolution of Denial for the next Planning Commission meeting. Staff drafted a resolution denying the applicant's request and scheduled the item for the February 27, 2008, meeting. At the February 27, 2008, Planning Commission meeting, the applicant requested that the item be pulled from the Consent Calendar. During the comment period, the applicant requested that the Planning Commission reconsider their recommendation and allow the request to be returned to the Design Review Committee for further review. The Planning Commission granted the applicant's request to have the item go back to the Design Review Committee. The item was next reviewed by the Design Review Committee on February 17, 2009, and the Committee recommended that it go to the full Planning • Commission for their review. Item B PLANNING COMMISSION STAFF REPORT • DRC2007-00396 —JALAL NOORZADY June 24, 2009 Page 2 PROJECT AND SITE DESCRIPTION: A. Site Characteristics: The project site is located on the southeast corner of 19th Street and Amethyst Avenue. The site is a vacant corner lot that is 133 feet long, 40 feet wide, and has an overall size of approximately 4,759 square feet. Surrounding Land Use and Zoning: North - Office Professional - Existing Office/Commercial Development across 19th Street South - Low Residential - Existing Single-Family Residence East - Low Residential - Existing Single-Family Residences across Amethyst Avenue West - Low Residential - Existing Single-Family Residence B. General Plan Designations: Project Site - Low Residential North - Office South - Low Residential East - Low Residential West - Low Residential ANALYSIS: • A. Background: The original project site joined two smaller lots together through a lot line adjustment • that was approved on July 11, 2006. The applicant submitted a proposal to build a single-family residence on the site, which necessitated this Variance for a reduced corner sideyard setback. The minimum corner lot width within the Low Residential District is required to be 70 feet. The subject lot is 40 feet wide and has been determined to be a legal non-conforming lot. B. Design Changes: The applicant has modified both the architecture style and size of the proposed house since it was last reviewed by the Design Review Committee on December 18, 2007. The house is now reminiscent of the French Tudor architectural style, including the use of a steep roof pitch and window dormers. The redesigned second-story now slopes away from the existing house to the east, the covered front entrance has been eliminated, and the number of east facing second-story windows has been reduced from 4 to 1. The living area has been reduced by 305 square feet, from 2,218 square feet to 1,913 square feet. Additionally, the setback from 19th Street has been increased by two feet, and the depth of the patio off the family room has been increased by 4 feet. C. Design Review Committee: The Design Review Committee reviewed the project on February 17, 2009. At that meeting, Commissioners Stewart and Munoz both felt that the applicant had made significant progress in reducing the overall bulk of the house, by reducing the number of windows facing the neighboring house to the east and by increasing the setback off of 19th Street. The Commissioner's were concerned, though, with the applicant's choice of stone veneer siding and the use of composition roofing material. The Committee recommended that the item be forwarded to the Planning Commission for review with the recommended changes to the siding and roof material. The applicant has since changed the type of stone veneer used on the house and • reduced its use to the bay windows and chimney. The roofing material is now concrete tile with a wood shake look. B-2 • PLANNING COMMISSION STAFF REPORT DRC2007-00396 — JALAL NOORZADY June 24, 2008 • Page 3 D. Variance: The applicant is requesting a reduction in the required corner lot sideyard setback from 27 feet to 21 feet. Without the Variance, the applicant would be limited to building a house with a maximum width of approximately 20 feet. FACTS FOR FINDINGS: The purpose of a variance is to provide flexibility from the strict application of the development standards when special circumstances pertaining to the property such as size, shape, topography, or location deprives such property of privileges enjoyed by other property owners in the vicinity and in the same district. In order to grant a request for a variance, the Planning Commission must make a series of findings. Generally, these findings focus on unique or special circumstances applicable to a specific property. Following are facts to support the necessary findings: 1. Finding: That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code. Fact: That without a reduction in the corner side yard setback requirement, the site would have to be developed with a house that is much narrower than the preponderant house width in the surrounding area or within the Low Residential District. 2. Finding: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property that do not apply generally to other • • properties in the same zone. Fact: The Development Code requires that corner lots in the Low Residential District have a minimum lot width of 70 feet. The existing legal non-conforming lot is 40 feet wide, which is much narrower than the lots in the surrounding area. 3. Finding: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in same zone. Fact: Without the reduction in the corner side yard setback requirement, the applicant would be limited to building a 20-foot wide house, which is much narrower than the other houses in the surrounding area or within the Low Residential District. 4. Finding: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Fact: The proposed reduction in the corner sideyard setback will allow the applicant to develop a house with a width no greater than the other lots in the surrounding area or within the Low Residential District. 5. Finding: The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. • • B-3 PLANNING COMMISSION STAFF REPORT DRC2007-00396 — JALAL NOORZADY June 24, 2008 Page 4 • Fact: The applicant proposes to build a single-family residence which will not be out of character to the other houses in the surrounding area and will meet all the related Development Code requirements, except for the corner sideyard setback requirement. Additionally, the applicant has made great effort to reduce the overall bulk of the house and to limit the number of second-story windows facing the existing house to the east. E. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 5 exemption under State CEQA Guidelines Section 15305, which covers minor alterations in land use limitations and includes variances for sideyard setbacks. Because the applicant is only requesting a variance for the reduction in the required sideyard setback, staff finds that there is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. • RECOMMENDATION: Staff recommends approval of Variance DRC2007-00396 through the adoption of the attached Resolution of Approval with Conditions. Respectfully submitted, • ' I Y Ja : R. Troyer, AICP Pla ing Director JRT:TV/ge Attachments: Exhibit A - Site Plan Exhibit B - Architectural Elevations Exhibit C - Design Review Committee Action Comments dated February 19, 2009 Draft Resolution of Approval for Variance DRC2007-00396 • • B-4 rror 067 CLC 606 '9l I Ii SWIM'AN d� • Ily § s �� ad UU b E lijg pp .c t3y1� B € E cm s ®€€�� SkkC 4 o f' U .. - s.. A 'e > z„ a to m 1' lsF 3 E{ a t.. Fig66giggP ,IO iy zu �if' A ac- � w ,:..,Pl §p� to W 3? < A Et 11;9M12> 9-. f , o g5311g I I ~ S,,$ 1 N1 a r ' I 1— -F"La iz Vi B3�ff F • !amfl 11 r;- ,1�' l-w p A s Clil O 41 ro a I- . !i ~ u �a I I G.r I Al £ t___ �., g ' 1 »a C F <F f _ \ U G n i�' " pp $ 4!p!Q.1 4)0141 GLF / gi„ B gi° 64 p .F 133aLS 4 6l• ' z8 iii EXHIBIT A B-5 errand CA CM 606 111 voaouvono OHONVL IS AH13uv S1L7 s I6 q Weill 331JE 3W Natal C19 �p 7bE00-000L Da0 AOVZaooH au — MC • ‘ tre®1WI Pad, NVId 51001d 1St ik; .'° - 1 4 1 1 9 \ ( NN \ is i .O-.11 I-- e \ .'- •% � 5 S ._.'.a.'i -, tih A 1:4110;4404 J ii i ml iii . 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F I .iy eyi.....}...i fljVi W -jttlezI I- iffildiPiNr1 V) € 1 I wti-w Cl_ k-.••. Fryi .,c___ !l LL `}i {�S ..rh L Q L• yt .•-,; I � y~ 1 Al v vs! \ y �' / iS / C @ 1 C g g a 6 • B-8 • DESIGN REVIEW COMMENTS 7:00 p.m. Tabe van der Zwaag February 17, 2009 VARIANCE DRC2007-00396 - JALAL NOORZADY - A request to reduce the required corner side yard setback from 27 feet to 21 feet for the purpose of building a single-family residence. The property is located in the Low Residential (L) District (2-4 dwelling units per acre) at the southeast corner of Amethyst Avenue and 19th Street - APN: 0202-111-05. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 5 exemption under State CEQA Guidelines Section 15305, which covers minor alterations in land use limitations and includes variances for side yard setbacks. Background: The applicant proposes developing a single-family residence on a legal, non-conforming lot. The site is 40 feet wide, 30 feet less than the 70 feet required for a corner lot within the Low Residential District. The narrowness of the lot necessitates that the applicant apply for a variance in order to construct the proposed house and the required two car garage. The applicant is requesting a reduction in the required side yard setback of 6 feet, from 27 feet to 21 feet. The project was reviewed by the Planning Commission on July 25, 2007, and February 13, 2008. At each of those meetings, the Planning Commission indicated that the proposed house was too large for the subject lot. Site Characteristics: The project site is located on the southeast corner of Amethyst Avenue and 19th Street. Originally, the site was two smaller lots joined together through a lot line adjustment approved on July 11, 2006. The vacant 4,759 square foot lot is 40 feet wide and 122.2 feet deep. • Design Issues: The applicant has modified both the architectural style and size of the proposed house since it was last reviewed by the Design Review Committee on December 18, 2007. The house is now reminiscent of the French Tudor architectural style, including the use of a steep roof pitch, window dormers, and stone veneer as a siding material. The redesigned second story now slopes away from the existing house to the east, the covered front entrance has been eliminated, and the number of east facing second story windows has been reduced from 4 to 1. The living area has been reduced by 305 square feet, from 2,218 square feet to 1,913 square feet. Additionally, the setback from 19th Street has been increased by two feet and the depth•of the patio off the family room has been increased by 4 feet. Staff feels that the proposed changes substantially address the comments made by the Planning Commission at the last Commission meeting and greatly reduces the impact of the house on the neighboring property owners. Major Issues: There are no major issues. Minor Issues: There are no minor issues. Staff Recommendation: Staff recommends that the Committee approve the proposal as submitted. Design Review Committee Action: Commissioners Stewart and Munoz both felt that the latest rendition of the proposed house addressed many of the Planning Commission's issues including a reduction in the overall bulk of the house, a reduction in the number of second story windows facing the existing house to the east, and an increase in the setback off of 19th Street. The Commissioners were concerned with the applicant's choice of • stone veneer siding and composition of the roof material. The applicant agreed to change the siding material to stack/ledger stone and use tile as the roofing material. EXHIBIT c B-9 RESOLUTION NO. 09-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2007-00396 TO REDUCE THE REQUIRED CORNER SIDEYARD SETBACK FROM 27 FEET TO 21 FEET FOR THE PURPOSE OF BUILDING A SINGLE-FAMILY RESIDENCE IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT THE SOUTHEAST CORNER OF AMETHYST AVENUE AND 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0202-111-93. A. Recitals. 1. Jalal Noorzady filed an application for the issuance of Variance DRC2007-00396 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 25th day of July 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the item to an unspecified date. 3. On the 23rd day of January 2008, the Planning Commission of the City of Rancho Cucamonga continued the item until the February 13, 2008, meeting in order to meet the public notification requirements. 4. On the 13th day of February 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and determined that the proposed house was not •dompatible with the surrounding neighborhood and that they could not support staff's finding that approval of the proposed Variance would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The Planning Commission voted to have staff draft a Resolution of Denial to be acted upon at the next Planning Commission meeting. 5. On the 27th day of February 2008, the Planning Commission of the City of Rancho Cucamonga reviewed the Resolution of Denial. In conjunction with that review, the applicant requested that the Planning Commission reconsider their recommendation and allow the request to be returned to the Design Review Committee for further review. The Planning Commission sent the item back to the Design Review Committee for their review with no action taken on the resolution. 6. On the 24th day of June 2009, 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. 7. 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 the substantial evidence presented to this Commissiori during the above-referenced ublic hearing on June 24, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: B-10 PLANNING COMMISSION RESOLUTION NO. 09-22 VARIANCE DRC2007-00396 - JALAL NOORZADY June 24, 2009 Page 2 • a. The application applies to an undeveloped property located at the southeast corner of Amethyst Avenue and 19th Street with a street frontage of 40 feet and lot depth of 122 feet; and b. The properties to the south, east, and west of the subject site are zoned Low Residential;the property to the north across 19th Street is zoned Office Professional; and c. The original project site joined two smaller lots together through a lot line adjustment that was approved on July 11, 2006; and d. The applicant submitted a proposal to build a single-family residence on the site which necessitated a Variance for a reduced corner sideyard setback. The required corner side yard setback is 27 feet, with the applicant requesting a 6-foot reduction to 21 feet; and e. The minimum corner lot within the Low Residential District is 70 feet. The subject lot is 40 feet wide and has been determined to be a legal non-conforming lot. 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 strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code in that without a reduction in the corner sideyard setback requirement, the site would have to be developed • with a house that is much narrower than the preponderant house width.in the surrounding area or within the Low Residential District. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district in that the Development Code requires lots in the Low Residential District to have a minimum lot width of 70 feet. The existing legal non-conforming lot is 40 feet wide,which is much narrower than the lots in the surrounding area. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district in that without the reduction in the corner sideyard setback requirement,the applicant would be limited to building a 20-foot wide house, which is much narrower than the other houses in the surrounding area or within the Low Residential District. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district in that the proposed reduction in the corner sideyard setback will allow the applicant to develop a house with a width no greater than the other lots in the surrounding area or within the Low Residential District. e. That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that the applicant proposes to build a single-family residence which will not be out of character from the other houses in the surrounding area and that will meet all related Development Code requirements, except for the corner sideyard setback • requirement. Additionally,the applicant has made a great effort to reduce the overall bulk of the house and to limit the number of second story windows facing the existing house to the east. B-11 • PLANNING COMMISSION RESOLUTION NO. 09-22 VARIANCE DRC2007-00396 - JALAL NOORZADY June 24, 2009 • Page 3 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 5 exemption under State CEQA Guidelines Section 15305, which covers minor alterations in land use limitations and includes variances for sideyard setbacks. Because the applicant is only requesting a variance for the reduction in the required sideyard setback, staff finds that there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions incorporated herein by this reference. Planning Department 1) Approval is for the reduction in the required corner sideyard setback from 27 feet to 21 feet. 2) Print a copy of the Resolution and Conditions of Approval on the plans when they are submitted for Plan Check. 3) The applicant shall obtain all the necessary permits from the Building and Safety • Department. Engineering Department 1) Certificate of Compliance for Lot Merger No. 630, recorded August 16, 2006, Doc No. 2006-0559196. No further work on this is required. 2) The drainage runoff from this developed site shall not adversely affect the existing homes/lots adjacent and downstream of this site. 3) Submit an application to the Engineering Department to revise the City public improvement plans for the required missing public improvements on Amethyst Avenue. Revise existing Drawing No.1956, Sheets 1 , 2 and 3 to show the new drive approach location (width and centerline). Remove and replace the existing curb & gutter and existing sidewalk in order to construct the new wider drive approach. Also, show all existing street trees, proposed new street trees and existing trees to be removed, if any, to accommodate new widened drive approach. On the Title Sheet (Sheet 1), fill in the street tree table and construction notes. All revisions shall be by a registered Professional Engineer and approved by the City Engineer. 4) Public improvement plans shall be 90 percent complete prior to the issuance of grading permits. Public improvement plans shall be 100 percent complete, signed by the City Engineer prior to building permit issuance. • • 5) Parkways shall slope at 2 percent from the top-of-curb to 1 foot behind the sidewalk along all street frontages. B-12 PLANNING COMMISSION RESOLUTION NO. 09-22 VARIANCE DRC2007-00396 - JALAL NOORZADY June 24, 2009 Page 4 • 6) Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50 percent of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. 7) Prior to the issuance of building permits, the applicant shall pay development fees at the rates adopted by City Council and which are periodically adjusted. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: •Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, 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 24th day of June 2009, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • B-13 t, COMMUNITY DEVELOPMENT tia : DEPARTMENT erciflflz STANDARD CONDITIONS PROJECT#: DRC2007-00396 SUBJECT: VARIANCE APPLICANT: JALAL NOORZADY LOCATION: SOUTHEAST CORNER OF AMETHYST AVENUE AND 19TH STREET - APN: 0202-111-05 • ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorneys fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-22, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: . a) Notice of Exemption -$50 X B. Time Limits 1. Variance Review approval shall expire if building permits are not issued or approved use has not / /_ commenced within 5 years from the date of approval. No extensions are allowed. • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2007-00396StdCond 6-24.doc B-14 Project No. DRC2007-00396 • Completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include /_/ • site plans, architectural elevations, exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all / /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be _/_/_ located out of public view and adequately screened through the use of a combination of concrete • or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 8. Street names shall be submitted for Planning Director review and approval in accordance with the /_/_ adopted Street Naming Policy prior to approval of the final map. • • 2 I:\PLANNING\FINAL\PLNGCOMM'2009 Res&StfRpt\DRC2007-00396StdCond 6-24.doc B-15 STAFF REPORT tit • PLANNING DEPARTMENT DATE: June 24, 2009 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2008-00802 - SCHEU STEEL - C.R.CARNEY ARCHITECTS - A proposal to develop a 61,141-square foot manufacturing/warehouse building on a property of 5.52 acres in the General Industrial District (Subarea 1), located on the west side of Vineyard Avenue, south of 9th Street (8810 Vineyard Avenue). APN: 0207-271-49, 23 and 46. Related Files: Preliminary Review DRC2008-00441 and Tree Removal Permit DRC2008-00803. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff is requesting a continuance of this item to the July 8, 2009, Planning Commission hearing to allow staff to continue to work on project-related issues. RECOMMENDATION: Staff recommends that the Planning Commission continue this item to the July 8, 2009, Planning Commission meeting. • Respectfully submitted, • J9;44 R. Troyer, AICP Planning Director JRT:AC/ds • Item C