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HomeMy WebLinkAbout11-20 - Resolutions RESOLUTION NO.11-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF THE TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2011-00292, MODIFYING THE COMMUNITY PLAN CHAPTER V (COMMUNITY DEVELOPMENT STANDARDS) TO REGULATE CERTIFIED FARMERS' MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for the Terra Vista Community Plan Amendment No. DRC2011-00292, 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 December 1, 2010, the City Council approved a request to initiate the Terra Vista Community Plan Amendment. 3. On April 27, 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. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This 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 April 27, 2011, 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 amendment will not have a significant impact on the environment; and. C. This amendment does not conflict with the Land Use Policies of the General Plan and is in conformance with the General Plan; and d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and e. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and 3. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act(CEQA) and the City's CEQA Guidelines. PLANNING COMMISSION RESOLUTION NO. 11-20 DRC2011-00292 - CITY OF RANCHO CUCAMONGA April 27, 2011 Page 2 The project qualifies under Section 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,this Commission hereby recommends approval of Development Code Amendment No. DRC2011-00292 through the adoption of the attached Draft City Council Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: Nt/ Ja s R. Troyer, AICP, Secr tary 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 27th day of April 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2011-00292 MODIFYING THE COMMUNITY PLAN CHAPTER V (COMMUNITY DEVELOPMENT STANDARDS) REGARDING THE REQUIREMENTS FOR CERTIFIED FARMERS MARKETS, GENERALLY BOUNDED BY BASE LINE ROAD TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, ROCHESTER AVENUE TO THE EAST, AND HAVEN AVENUE TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga filed an application for the Terra Vista Community Plan Amendment DRC2011-00292 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Victoria Gardens Master Plan Amendment is referred to as "the application." 2. On December 1, 2010, the City Council approved a request to initiate a Community Plan Amendment. 3. On April 27, 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced amendment and, following the conclusion thereof, adopted its Resolution No. _, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 4. On , 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 5. 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 property located within the City (hereinafter, the "subject property") generally bounded by Base Line Road to the north, Rochester Avenue to the east, Foothill Boulevard to the south, Haven Avenue to the west; and b. The proposed amendment will not have a significant impact on the environment; and CITY COUNCIL ORDINANCE NO. DRC2011-00292 , 2011 Page 2 C. This amendment does not conflict with the Land Use Policies of the General Plan and is in conformance with the General Plan; and d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and e. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and f. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of exemption. SECTION 3: Chapter V (Community Development Standards) of the Terra Vista Community Plan is hereby amended to read, in words and figures, as shown in the attached Attachment "A." SECTION 4: 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 5: 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. CITY COUNCIL ORDINANCE NO. DRC2011-00292 12011 Page 2 Attachment A Chapter V (Community Development Standards) of the Terra Vista Community Plan is hereby amended (bold text and strikeout) to read as follows: General Development Standards (bullet point#6) page V-2 • Because full development of the Planned Community will take many years, interim and temporary uses other than agriculture shall be permitted, subject to approval of a Conditional Use Permit, provided that such uses and their locations will not be detrimental to any part of the Planned Community. Such interim uses may include ^ U„tFy mar;ets, swap meets, outdoor commercial recreation, mini-storage, parking areas, park-and-ride lots, and other uses similar in character to those listed. Certified Farmers' Markets shall be permitted within Community Commercial (CC) Land Use with a Temporary Use Permit as pursuant to Section 17.04.070.12. CITY COUNCIL ORDINANCE NO. DRC2011-00292 , 2011 Page 2 Attachment A Chapter V (Community Development Standards) of the Terra Vista Community Plan is hereby amended (bold text and strikeout) to read as follows: General Development Standards (bullet point#6) page V-2 • Because full development of the Planned Community will take many years, interim and temporary uses other than agriculture shall be permitted, subject to approval of a Conditional Use Permit, provided that such uses and their locations will not be detrimental to any part of the Planned Community. Such interim uses may include markets, swap meets, outdoor commercial recreation, mini-storage, parking areas, park-and-ride lots, and other uses similar in character to those listed. Certified Farmers' Markets shall be permitted within Community Commercial (CC) Land Use with a Temporary Use Permit as pursuant to Section 17.04.070.12.