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HomeMy WebLinkAbout08-05 - Resolutions RESOLUTION NO. 08-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT DISTRICT AMENDMENT DRC2006-00634 REQUESTING TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM COMMUNITY COMMERCIAL(CC) FOOTHILL BOULEVARD DISTRICT(SUBAREA 3)TO MIXED USE (MU) FOOTHILL BOULEVARD DISTRICT(SUBAREA 3) FOR 17 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN CENTER AVENUE AND HERMOSA AVENUE,AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1077-601-02, 03, 04, 05, 06, 11, 13, AND 14. A. Recitals. 1. Rancho Workforce Housing filed an application for Development District Amendment DRC2006-00634, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development District Amendment is referred to as "the application." 2. On January 23 and continued to February 13, 2008,the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 08-04 recommending to the City Council that the associated General Plan Amendment DRC2006-00635 be approved. 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 January 23 and February 13, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 17 acres of land, basically a rectangular configuration, located on the north side of Foothill Boulevard between Center Avenue and Hermosa Avenue, and is presently improved with existing commercial (The Whole Enchilada, Espinoza Tire, Route 66 Memories, Twins Club, Shop & Go) and residential (single-family and apartment) land uses, agricultural uses, and vacant land. Said property is currently designated as Community Commercial (CC) Foothill Boulevard District (Subarea 3); and b. The property to the north of the subject site is designated Low Residential and is developed with existing single-family residences; the property to the west is designated General Commercial and Low Residential and is developed with existing commercial and residential uses. The property to the east is designated General Commercial and Industrial Park and is developed with an automotive service station and industrial uses; and the property to the south is designated General Commercial and is developed with a restaurant, day care, and office uses; and PLANNING COMMISSION RESOLUTION NO. 08-05 DRC2006-00634 — RANCHO WORKFORCE HOUSING February 13, 2008 Page 2 C. This 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 d. This Amendment does promote the goals and objectives of the Land Use Element; and e. This Amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 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 the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and C. That the proposed amendment is in conformance with the General Plan. 4. The Planning Commission makes the following findings under the requirements of the California Environmental Quality Act: a. Among the applications for the Rancho Workforce Housing Project, the Planning Commission is not the decision-making body for, and is only the advisory body to, the City Council for the General Plan Amendment DRC2006-00635 and the Development District Amendment DRC2006-00634. For purposes of making its recommendations on these applications,the Planning Commission has received and reviewed the Final Environmental Impact Report ("FEIR") for the Rancho Workforce Housing Project along with the oral and written testimony received thereon during the hearing prior to any action on the Project. Based on that review, the Planning Commission hereby recommends that the City Council certify that the FEIR was completed pursuant to the California Environmental Quality Act, Public Resources Code§21000, et seq. ("CEQA"), and the State Guidelines for Implementation of CEQA, 14 California Code of Regulations §15000, et seq. (the "Guidelines") and that it adequately addresses the impacts and provides for appropriate mitigation measures for General Plan Amendment DRC2006-0635, the Development District Amendment DRC2006-00634, and Development Review DRC2006-00633, and all other approvals necessary to carry out the Rancho Workforce Housing Project. The Planning Commission further recommends that the City Council find that that the modifications to the FEIR that have been made since circulation of the DEIR, do not constitute the addition of new significant information to the FEIR within the meaning of CEQA Guidelines Section 15088.5. b. The Planning Commission finds that based on the FEIR, additional public comments, and the written and oral staff report, and Exhibit A to this Resolution, that the Project will not cause significant environmental impacts except with respect to interior noise level impacts, short-term construction noise impacts, long-term operational noise impacts, cumulative noise impacts, and traffic impacts with regard to opening year 2009 with commercial conditions, residential conditions, and entire project (commercial and residential) conditions. With respect to all of these potentially significant impacted areas and resources, the FEIR identifies feasible mitigation PLANNING COMMISSION RESOLUTION NO. 08-05 DRC2006-00634 — RANCHO WORKFORCE HOUSING February 13, 2008 Page 3 measures for each impact that reduce the level of impact to less than significant. C. In response to each significant impact identified in the FEIR, and listed in Section 4.b. of this Resolution, changes or alterations are hereby required in, or incorporated into the Project, which avoid the impacts identified. The specific changes and alterations required are contained in Appendix F of the FEIR which is hereby incorporated by reference. The mitigation measures set forth in the Mitigation Monitoring Program, contained in Appendix F of the FEIR, avoid or substantially lessen the potential significant impacts of the Project as explained in Exhibit A to this Resolution. The Planning Commission finds that the mitigation measures and Mitigation Monitoring Program will avoid or mitigate all significant environmental effects of the Project. d. The Planning Commission finds that the FEIR describes a reasonable range of alternatives to the Project that might fulfill the basic objectives of the Project. These alternatives include the required no project alternative,the reduced intensity alternative,the all residential portion of the project alternative, and the off-site location alternative. For the reasons explained in Exhibit A, the alternatives identified in the FEIR are not feasible because they would not achieve the basic objectives of the Project or would do so only to a much lesser degree, and therefore leave unaddressed significant social and economic goals the Project was designed to achieve, and are thus infeasible due to social and economic considerations, and/or they are infeasible because they would not eliminate the significant adverse environmental impacts of the proposed Project. Accordingly, and for the reasons set forth herein, the Planning Commission finds that each of the alternatives is determined to be infeasible. e. The Planning Commission further finds that the Mitigation Monitoring Program has been completed in compliance with CEQA. The Planning Commission hereby recommends that the City Council adopt each of the mitigation measures set forth in the FEIR and incorporate those measures into the Project. The Planning Commission also recommends that the City Council adopt the"Mitigation Monitoring Program" contained in Appendix F of the FEIR and incorporated herein by reference. The Mitigation Monitoring Program will be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condition of Project approval. f. The custodian of records for the FEIR, the Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission'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 Paragraph 4 above, this Commission hereby recommends, approval of the Development District Amendment DRC2006-00634, in accordance with the attached Draft City Council Resolution including Exhibits A and B and in accordance with the condition listed below: Planning Department 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 attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a PLANNING COMMISSION RESOLUTION NO. 08-05 DRC2006-00634— RANCHO WORKFORCE HOUSING February 13, 2008 Page 4 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: c\> : Richard Fletcher, Vice Chairman ATTEST: Jam e¢ R. Troyer, AICP, S7ecretary 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 13th day of February 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2006-00634, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM COMMUNITY COMMERCIAL (CC) FOOTHILL BOULEVARD DISTRICT (SUBAREA 3) TO MIXED USE (MU) FOOTHILL BOULEVARD DISTRICT (SUBAREA 3) FOR 17 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN CENTER AVENUE AND HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-601-02, 03, 04, 05, 06, 11, 13, AND 14. A. Recitals. 1. On January 23 and continued to February 13, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development District Amendment DRC2006-00634 and, following the conclusion thereof, adopted its Resolution No. 08-05, recommending that the City Council of the City of Rancho Cucamonga adopt said Draft Ordinance 2. On March 5, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on Development District Amendment DRC2006-00634. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on March 5, 2008, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to approximately 17 acres of land, basically a rectangular configuration, located on the north side of Foothill Boulevard between Center Avenue and Hermosa Avenue, and is presently improved with existing commercial (The Whole Enchilada, Espinoza Tire, Route 66 Memories, Twins Club, Shop & Go) and residential (single-family and apartment) land uses, agricultural uses, and vacant land. Said property is currently designated as Community Commercial (CC) Foothill Boulevard District (Subarea 3); and b. The property to the north of the subject site is designated Low Residential and is developed with existing single-family residences; the property to the west is designated General Commercial and Low Residential and is developed with existing commercial and residential uses; the property to the east is designated General Commercial and Industrial Park and is developed with an automotive service station and industrial uses; and the property to the south is designated General Commercial and is developed with restaurant, day care, and office uses; and DRAFT CITY COUNCIL ORDINANCE NO. DRC2006-00634 — RANCHO WORKFORCE HOUSING March 5, 2008 Page 2 C. This 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 d. This Amendment does promote the goals and objectives of the Land Use Element; and e. This Amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties; and SECTION 3: Based upon the facts and information contained in the Environmental Impact Report, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends certification of the Final Environmental Impact Report and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared a Draft Environmental Impact Report of the potential environmental effects of the project. Based on the findings contained in that Draft Environmental Impact Report, 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. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Environmental Impact Report. b. The City Council has reviewed the Environmental Impact Report and all comments received and, based on the whole record before it, finds: (i) that the Environmental Impact Report has been completed in compliance with CEQA; (ii) that the City Council has reviewed and considered the information within the Environmental Impact Report prior to approving the project; and (iii) that the Final Environmental Impact Report reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council recommends certification of the Final Environmental Impact Report. C. The City Council has also reviewed and considered the 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 project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project d. The custodian of records for the Final Environmental Impact Report, 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. DRAFT CITY COUNCIL ORDINANCE NO. DRC2006-00634 — RANCHO WORKFORCE HOUSING March 5, 2008 Page 2 SECTION 4: The Development Districts Map is hereby amended to change from Community Commercial (CC) Foothill Boulevard District (Subarea 3) to Mixed Use (MU) Foothill Boulevard District (Subarea 3) for 17 acres of land, located on the north side of Foothill Boulevard, between Hermosa Avenue and Center Avenue, in words and figures, as shown in the attached Exhibits A and B and in accordance with the condition shown below: Planning Department 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 attorney's 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. SECTION 5: 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. SECTION 6: 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. ZONING MAP - EXISTING m Low Residentia Low Residential Industrial Park a N Low Residential 0 J SUBJECT PROPERTY APN:107760102 m Industrial Park X APN:107760104 Low Residential Existing Community Commercial b APN:107760103 - Community Commercial Office - Commercial FOOTHILL 47Use Community Commercial Commercial Office Low Medium Low Residential Residential = Low Medium M Anci.inntiol N 0.06 0 0.06 0.12 Miles EXHIBIT A-1 ZONING MAP - PROPOSED Industrial Low Residential Low Residential Park Wo c v a -of Li Low Residential Industrial S Park M Low Residential to D Commercial Office Community Commercial miu FOOTHILL FO Community Commercial Office Commercial Mixed the Low Medium Low Residential Low Medium Residential Residential M U) N 0.06 0 0.06 0.12 Miles Willi EXHIBIT A-2 m X 00 ° D SUBAREA3 ,v P ° - ----------- w 6: aB{B°"o-, goo -- ------ u ---- -- � py iPIt0�1 All 1 N :000v O man �.'- i — ——————— 1 11 J1 iZ p t\\\\o\ p o9ga Of CD —Foothill Blvd. o a r a v op CQ °pill 1 Q �tc7 oaf Q 7MR p1 Dona o 2o-ooCOD I d �I Q oil 2p ODD = os BOIDII W o i v LEGEND RESIDENTIAL - COMMERCIAL OFFICE PUBLIC LR LOW DENSITY RESIDENTIAL MU MIXED USE U UTILITY SC SPECIALTY COMMERCIAL LMR LOW MEDIUM RESIDENTIAL 0 OFFICE P PUBLIC CD CC COMMUNITY COMMERCIAL MR MEDIUM RESIDENTIAL CO COMMERCIAUOFFICE MASTER PLAN AREA p' RRG REGIONAL RELATED COMMERCIAL Z3 MHR MEDIUM-HIGH RESIDENTIAL —� *-, MASTER,PLANAPPROVED INDUSTRIAL PURSUANT v. .'- MASTER PLAN PURSUANT PURSUANT TO . U LIGHT INDUSTRIAL W TO DRC 2006-00635,DRc2666-00634,8 DRC2006-00633 - N IV DRC2003-01036 \O APRIL 14,2004 FEBRUARY 20000 8 LAND USE PLAN 00 p Rancho Cucamonga Development Code Section 17 08 030 Land Use Mix Percent Range Acreage Range Medium-High Residential 0% - 100% 0—3.24 acres Office 0% - 100% 0—3.24 acres The land use categories within the Mixed Use area shall be of the character and intensity as defined in Development Code Chapters 17.08 and 17.10. All uses that may be authorized under the Office designation are subject to Conditional Use Permit approval. The corresponding development standards, as listed in Chapters 17.08 and 17.10, for each permitted land use shall be applicable within the Mixed Use District. 2. Foothill Boulevard and Haven Avenue Site: This 31.5 acre site is located on the southwest corner of Foothill Boulevard and Haven Avenue. The following table specifies the uses and range of development that may be permitted on the site: Land Use Mix Percent Range Acreage Range High Residential 40% -45% 12.6— 14.2 acres Office 55% -60% 17.3— 18.9 acres The land use categories within the Mixed Use area shall be of the character and intensity as defined in Development code Chapters 17.08, 17.10, and 17.30. All uses and activities that are permitted, or may be permitted with a Conditional Use Permit, under the High Residential, Office/Professional, General Commercial, and Industrial Park designations are subject to the same permitting processes and development standards as listed in Chapters 17.08, 17.10, and 17.20, shall be applicable to any development within the Mixed Use District, or shall be subject to a Master Plan of Development approved by the Planning Commission specifically for this site. 3. Foothill Boulevard-Cucamonga Channel Site: This 7.24-acre site is located at the base of"Red Hill" on the northwest corner of Foothill Boulevard and the Cucamonga Channel. The following table specifies the uses and range of development that may be permitted on the site. Percent Acreage Land Use Mix Range Range Medium Residential 0% - 100% 0 - 7.24 acres 8-14 dwelling units per acre Office 0% - 100% 0 - 7.24 acres The land use categories proposed within the Mixed Use area shall be of the character and intensity as defined in the Development Code Chapters 17.08, 17.10, and 17.32. All uses that may be authorized under office designations are subject to a Conditional Use Permit approval. The corresponding development standards, as listed in Chapters 17.08, 17.10, and 17.32 for each permitted land use shall be applicable to the development within the Mixed Use District." • This Mixed Use site may be considered with a base zoning of Medium-High Residential (14-24 dwelling units per acre) if developed in conjunction with a Senior Housing Overlay District(SHOD). EXHIBIT B 17.08-10 2/04 Rancho Cucamonga Development Code Section 17 08 030 4. Haven. Church and Center Site: This 14.77-acre site is located on the south side of Church Avenue, between Center,and Haven Avenues. The following table specifies the uses and range of development that may be permitted on the site. Percent Acreage Land Use Mix Range Range Medium Residential 0% - 100% 0— 10.95 acres 8-14 dwelling units per acre * Office 0% - 100% 0—3.36 acres The land use categories proposed within the Mixed Use area shall be of the character and intensity as defined in the Development Code Chapters 17.08, and 17.10. All uses that may be authorized under office designations are subject to Development Code Chapter 17.10. The corresponding development standards, as listed in Chapters 17.08, and 17.10, for each permitted land use shall be applicable to the development within the Mixed Use District, or shall be subject to a Master Plan of Development approved by the Planning Commission specifically for this site. This Mixed Use site may be considered with a base zoning of Medium Residential (8-14 dwelling units per acre). 5. Foothill Boulevard. between Hermosa Avenue and Center Avenue Site: This 17- acre site is located on the north side of Foothill Boulevard between Hermosa Avenue and Center Avenue. The following table specifies the uses and range of development that may be permitted on the site. Percent Acreage Land Use Mix Range Range Medium/Medium High 0% - 62% 0 — 10.54 acres Residential (Up to 20 dwelling units per acre) * Commercial — Retail, Office 0% - 100% 0 — 17 acres (commercial and professional), and Restaurant The land use categories proposed within the Mixed Use area shall be of the character and intensity as defined in the Development Code Chapters 17.08, 17.10, and 17.32. All uses that may be authorized under the commercial designation are subject to Development Code Chapter 17.32. The corresponding development standards, as listed in Chapters 17.08, 17.10, and 17.32 for each permitted land use shall be applicable to the development within the Mixed Use District, or shall be subject to a Master Plan of Development approved by the Planning Commission specifically for this site. * This Mixed Use site may consist of a mix of Medium to Medium High Residential uses, which may include Multiple Family Residential land uses of up to 20 dwelling units per acre developed subject to the applicable density range requirements. 17.08-11 2/04