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HomeMy WebLinkAbout15-211 - Resolutions RESOLUTION NO. 15-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2015-00388, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FOR 10.94ACRES OF LAND FROM LOW MEDIUM (LM) RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL (NC) RELATED TO THE CONSTRUCTION OF A 100,135 SQUARE FOOT 9-BUILDING MULTI-TENANT RETAIL CENTER LOCATED AT THE NORTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD IN THE MEDIUM (M) ZONING DISTRICT OF THE VICTORIA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN'S: 1089-031-15, 16, 35 AND A PORTION OF 1089-031-14. A. Recitals. 1. Lewis Retail Centers filed an application for the approval of General Plan Amendment DRC2015-00388 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment request is referred to as "the application." 2. On the 10th of November 2015, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on General Plan Amendment DRC2015-00388 and issued Resolution No. 15-68, recommending to the City Council that the General Plan Amendment be approved. 3. On the 2nd day of December 2015, the City Council of the City of Rancho Cucamonga conducted a 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 City Council of the City of Rancho Cucamonga as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on December 2, 2015, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to a property located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan; and b. To the north is the Rancho Cucamonga Fire Protection District (RCFPD) Station 173 within the Community Facilities (CF) Zoning District and vacant land within the Medium (M) Zoning District of the Victoria Community Plan; to the south is vacant land within the Regionally Related Office/Commercial (RROC) Zoning District of the Victoria Community Plan; to the east are Resolution No. 15-211 — Page 1 of 7 single-family residences within the Low Medium (LM)Zoning District of the Victoria Community Plan; and, to the west is a San Bernardino County Flood Control Maintenance Yard within the Medium (M) Zoning District of the Victoria Community Plan; and C. The General Plan Land Use Designation of the project site is Low Medium (LM) Residential. The project site is within the Victoria Community Plan area with a zoning designation of Medium (M) Residential. The applicant has submitted a General Plan Amendment to change the General Plan Land Use Designation for the 10.94 acre project site to Neighborhood Commercial (NC) and a Victoria Community Plan Amendment to change the Victoria Community Plan Zoning Designation for the 10.94 acre project site to Village Commercial (VC), which is the Victoria Community Plan equivalent to the Neighborhood Commercial (NC) Designation; and d. The General Plan Land Use Designation for the 4 acre parcel to the north of the project site will remain Low Medium (LM) Residential. The Victoria Community Plan Zoning Designation for this 4 acre parcel of land is being requested to be changed from Medium (M) Residential to Low Medium (LM) Residential, in conformance with the General Plan. e. The application is in conjunction with the subdivision of 14.08 acres of vacant land into 6 parcels (related file: SUBTPM19637) including 10.08 acres of land for the purpose of developing a 100,135 square foot multi-tenant retail center (related file: DRC2015-00386) and 4 acre remainder parcel for the future development of a multi-family senior housing project; and f. 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. The proposed General Plan Amendment will change the Land Use Designation of the project site from Low Medium (LM) Residential to Neighborhood Commercial (NC). The General Plan outlines that the Neighborhood Commercial (NC) Land Use District is for small-scale shopping centers (5 to 15 acres in size) located near or within residential neighborhoods. The General Plan has a stated policy (Policy LU-1.3) of encouraging commercial centers to serve a broad range of retail and service needs for the community. The project site is proposed to be developed with a 100,135 square foot retail center with a grocery store, drug store and small service oriented businesses, in conformance with the intent of the General Plan; and g. This amendment does promote the goals and objectives of the General Plan Land Use Element. The General Plan has a stated goal (Goal LU-2) of facilitating sustainable and attractive infill development that complements surrounding neighborhoods and is accessible to pedestrians, bicycles, transit and automobiles. The proposed commercial development is designed to complement the surrounding neighborhood and will provide convenient vehicle, pedestrian and bicycle access to goods and services; and h. 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. The proposed General Plan Amendment will change the General Plan Land Use Designation from Low Medium (LM) Residential to Neighborhood Commercial (NC). Air quality, greenhouse gas, traffic and noise studies were submitted as part of the environmental review of the project. With implementation of mitigation measures outlined in the related Initial Study, any environmental impacts related to the project will be less than significant. 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 subject property is suitable for the uses permitted in the proposed district in terms of access, size and compatibility with the existing land uses in the surrounding area. The Resolution No. 15-211 — Page 2 of 7 10.94 acre project site is located at the intersection of two major streets, Day Creek Boulevard and Base Line Road, and is well suited for the proposed commercial development. The project site is separated from adjacent residential land uses by public streets, limiting any potential noise and glare issues and will become an integral part of the surrounding area. b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties. Air quality, greenhouse gas,traffic and noise studies were submitted as part of the environmental review of the project. With implementation of mitigation measures outlined in the related Initial Study, any environmental impacts related to the project will be less than significant. C. The proposed amendment meets the goals and policies of the General Plan. The General Plan states that the intent of the Neighborhood Commercial (NC) Land Use District is for small-scale shopping centers (5 to 15 acres in size) located near or within residential neighborhoods. The 10.94 acre project site is located at the corner of two major streets and is easily accessible to the surrounding residences. 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 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 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, 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 the comments received from the California Department of Fish and Wildlife (CDFW) 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. During the Public Comment Period, staff received comments from the California Department of Fish and Wildlife (CDFW). To address CDFW comments, staff modified one of the existing mitigation measures in Initial Study Parts II and III, shortening the period of time prior to earth moving activity for performing a nesting bird survey. The modified mitigation measure was reviewed by the Planning Commission. The City Council 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; and 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; and 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 Resolution No. 15-211 — Page 3 of 7 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby adopts General Plan Amendment DRC2015-00388, as depicted in Attachment A, attached hereto. Resolution No. 15-211 — Page 4 of 7 PASSED, APPROVED, AND ADOPTED this 21d day of December 2015. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None i a Dennis ichael, May6r ATTEST: nice C. Reynolds, Vty Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 2nd day of December 2015. Executed this 31d day of December 2015, at Rancho Cucamonga, California. ice C. Reynolds, Ci Clerk Resolution No. 15-211 — Page 5 of 7 � General Plan Existing 150 300 a>' 0 � LOW MEDIUM RESIDENTIAL (4-8 dulac) FLOOD CONTRO (Fc) j pcamom my � , ; UTILITY CORRIDOR (UC) Project Site i � I LOW MEDIUM RESIDENTIAL (4-8 du/ac) j --� OPEN SPACE (OS) �MIXEDoUSE (MU) REGIONAL RELATED OFFICEI COMMERCIAL (RRO/c)� Feet A U 75 300 , General Plan Proposed LOW MEDIUM RESIDENTIAL (4-8 du/ac) I i FLOOD CONTROL (FC) pyo m UTILITY CORRIDOR (UC) Project Site i NEIGHBORHOOD COMMERCIAL (NC) �JI w' 0 OPEN SPACE (OS) MIXED'USE�(MU) REGIONAL RELATED OFFICE/ COMMERCIAL (RRO/C)