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HomeMy WebLinkAbout11-16 - Resolutions RESOLUTION NO.11-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2010-00562,A REQUEST TO AMEND THE TEXT IN DEVELOPMENT CODE SECTION 17.32.080 (D)(6)(C)TO ALLOW FOR THE REMOVAL AND REPLACEMENT OF THE GROVE OF TREES AND THE REMOVAL OF THE 20-FOOT WIDE GREENWAY CONNECTION NEAR THE NORTHWEST CORNER OF THE SITE FOR FUTURE CONNECTION TO THE COMMUNITY TRAIL SYSTEM AND GARCIA PARK FOR THE PROJECT SITE AREA AT THE NORTHWEST CORNER OF FOOTHIL BOULEVARD AND EAST AVENUE WITHIN THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA4)OF THE COMMUNITY COMMERCIAL DISTRICTS; AND MAKING FINDINGS IN SUPPORT THEREOF —APN's: 1100-201-03 AND 07. A. Recitals. 1. Kamran Benji filed an application for Development Code Amendment DRC2010-00562, 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 23rd day of March 2011, 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 March 23,2011, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the 6.99 acre site located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue within the City; and b. The proposed amendment will not have a significant impact on the environment as a mitigation measure has been put in place to require the replacement of any Heritage Trees removed from the site on a one-to-one basis with a similar type species of tree; and C. The proposed text amendment to the Development Code to allow the removal of the trees on the subject property located at the northeast corner of Foothill Boulevard and East Avenue will only affect the trees on this property and the Code is specific to the location of the trees that are required to be preserved; and PLANNING COMMISSION RESOLUTION NO.11-16 DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 2 d. The proposed text amendment to the Development Code to allow the removal of the grove of trees on the subject site and the removal of the 20-foot wide Greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park will not have a significant impact on the environment as a mitigation measure has been put in place to require the replacement of any Heritage Trees removed from the site on a one-to-one basis with a similar type species of tree, and the future Community Trail north of the project site will provide adequate pedestrian connections to East Avenue, Foothill Boulevard and Garcia Park. 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 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 amendment does promote the goals and objectives of the Development Code by still preserving the look of the grove on site by requiring a one-to-one replacement of the trees protected under the City's Tree Ordinance and as part of the new development,the requirement for them to be planted as a grove or windrow in keeping with the City's heritage of Eucalyptus windrows; and C. The proposed amendment will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity as this will allow for the development of this site and the removal of all the diseased and dead trees that are currently on the site; and d. The subject application is consistent with the objectives the Development Code as the addition of these trees along with the trees that are required for a commercial development will exceed the required number; and e. The proposed amendment is in conformance with the General Plan as the replanting of these Eucalyptus trees on the site will allow the natural aesthetic resource to continue to help define the community and site character. These trees will also in time provide a windbreak for the proposed shopping center and its guests. Further, the proposed text amendment to the Development Code to allow the removal of the grove of trees on the subject site and the removal of the 20-foot wide greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park will not have a significant impact on the environment as a mitigation measure has been put in place to require the replacement of any Heritage Trees removed from the,site on a one-to-one basis with a similar type species of tree, and the future Community Trail north of the project site will provide adequate pedestrian connections to East Avenue, Foothill Boulevard and Garcia Park. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the Environmental Assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends that the City Council adopt a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: PLANNING COMMISSION RESOLUTION.NO.11-16 DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 3 a. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopts the Mitigated Negative Declaration. C. The Planning Commission 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 Planning Commission therefore recommends that the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials, which constitute the record of proceedings upon, which the 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 Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment DRC2010-00562 to amend Section 17.32.080(D)(6)(c) by adoption of the Draft City Council Ordinance and Exhibit A of the Draft City Council Ordinance. PLANNING COMMISSION RESOLUTION NO.11-16 DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2011. PLANNING COMM SS ON OF THE CITY OF RANCHO CUCAMONGA G BY: i Luis Munoz, Jr., Chairman ATTEST: " �- James . 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 23rd day of March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00562, A REQUEST TO AMEND THE TEXT IN DEVELOPMENT CODE SECTION 17.32.080 (D)(6)(C)TO ALLOW FOR THE REMOVAL AND REPLACEMENT OF THE GROVE OF TREES AND THE REMOVAL OF THE 20 FOOT WIDE GREENWAY CONNECTION NEAR THE NORTHWEST CORNER OF THE SITE FOR FUTURE CONNECTION TO THE COMMUNITY TRAIL SYSTEM AND GARCIA PARK FOR THE PROJECT SITE AREA AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVENUE WITHIN THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 4) OF THE COMMUNITY COMMERCIAL DISTRICTS; AND MAKING FINDINGS IN SUPPORT THEREOF—APN's: 1100-201-03 AND 07. A. Recitals. 1. On March 23, 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment DRC2010-00562 and, following the conclusion thereof, adopted its Resolution No. 11-16, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code text amendment. 2. On , 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development Code text amendment. 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 , 2011, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to section 17.32.080 (D)(6)(c) of the Development Code; and b. The proposed Development Code text amendment would only affect the property located at the northwest corner of Foothill Boulevard and East Avenue within the Community Commercial District of (Subarea 4) of the Foothill Boulevard Districts, which was adopted into the Development Code within the City of Rancho Cucamonga; and C. The application would allow the removal of the grove of trees at this location and require the replacement of the trees at a ratio of one-to-one and replant them in a manner as to create a new windrow or grove of trees; and CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2010-00562 — KAMRAN BENJI ****, 2011 Page 2 d. The proposed text amendment to the Development Code to allow the removal of the grove of trees on the subject site and the removal of the 20-foot wide Greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park will not have a significant impact on the environment as a mitigation measure has been put in place to require the replacement of any Heritage Trees removed from the site on a one-to-one basis with a similar type species of tree, and the future Community Trail north of the project site will provide adequate pedestrian connections to East Avenue, Foothill Boulevard and Garcia Park. SECTION 3: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, 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 adopts a Mitigated Negative Declaration and 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, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. 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 Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials, which constitute the record of proceedings upon, which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2010-00562 — KAMRAN BENJI "" 2011 Page 3 SECTION 4: Based upon the substantial evidence presented to this Council during the above referenced public hearing and upon the specific findings and conclusions set forth in Sections 1, 2, and 3 above, this Council hereby approves Development Code Amendment DRC2010-00562 as follows: SECTION 5: Section 17.32.080 (D)(6)(c) of the Development Code, is hereby amended to read, in words, as shown in the attached Exhibit A. SECTION 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. SECTION 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. 4. The Secretary to this Commission shall certify to the adoption of this Ordinance. Section 17.32.080-D-6-c is hereby amended to read as follows (new text in bold and deleted text in stf+kethMugh: Northwest Corner of Foothill Boulevard and East Avenue. This site has been selected for a Neighborhood Commercial use with specific intent to allow for partial preservation of the existing Eucalyptus grove. The Site Plan for such use shall incorporate as many existing trees as possible, or remove the existing trees with the approval of a Tree Removal Permit for the trees that meet the requirements of the Tree Preservation Ordinance and replace them at a ratio of one to one in a manner that gives the appearance of a grove of trees or windrows. These trees shall be maintained at all times. h ss than6Q peFGent of the area of grGve r luso fhnn 25 peFe.nf of the free. ne+mm��nlfv Trail s mfem and Miller Part EXHIBIT - A