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Home My WebLink About15-18 - Resolutions RESOLUTION NO. 15-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2014-00560, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PARK (P) TO LOW MEDIUM (LM) RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR A 6.5 ACRE SITE LOCATED ON THE NORTHWEST CORNER OF KENYON WAY AND LARK DRIVE IN THE VICTORIA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 1089-011-04. A. Recitals. 1. Caldwell Land Solutions filed an application for the approval of General Plan Amendment DRC2014-00560 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 11th day of March 2015, the Planning Commission of the City of Rancho Cucamonga conducted a 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 11,2015, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located on the northwest corner of Kenyon Way and Lark Drive in the School (S) Zoning District; and b. The project site is approximately 650 feet from east to west and 400 feet from north to south; and C. To the north, south and east is single-family development within the Low Medium (LM) Zoning District; to the west is a public park within the Park (P) Zoning District; and d. The General Plan land use designation is Park (P) and the Victoria Community Plan zoning designation is School (S). The City has no plans to develop the site as a park and the school district has determined that the site is not needed as a school site; and e. The applicant is requesting to change the General Plan land use designation to Low Medium (LM) residential, in conformance with the existing zoning designations for the residential development to the north, south and east; and PLANNING COMMISSION RESOLUTION NO. 15-18 GENERAL PLAN AMENDMENT DRC2014-00560 CALDWELL LAND SERVICES MARCH 11, 2015 Page 2 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 in that the proposed Amendment will change the land use designation to be consistent with the land use designation of the properties to the north south and east; and g. This amendment does promote the goals and objectives of the Land Use Element in that General Plan Land Use Policy LU-3.7 encourages development of vacant land in built-out areas. The vacant project site is surrounded by residential development to the north, south and east that is of a similar size and layout and will become part of the larger community; 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 properties to the north, south and east are developed with single-family residences with the same zoning designation as the proposed project site and will not be negatively impacted by the approval of this General Plan Amendment. 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. 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 project site will be developed with single-family residences of similar size, layout and density as the existing lots to the north, south and east and will be accessed by an adjacent public street. b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties in that the proposed General Plan Amendment will change in the land use designation from Park(P)to Low Medium (LM),which is the same land use designation as the properties to the north, south and east. C. The proposed amendment is in conformance with the General Plan in that the project site is surrounded by residential development with the same land use designation to the north, south and east and will be developed in conformance with the development criteria of the proposed land use designation. Further,the project site is surrounded by residential development to the north, south and east that is of a similar size and layout and will become part of the larger community. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,togetherwith all written and oral reports included forthe environmental assessmentfor 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 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 PLANNING COMMISSION RESOLUTION NO. 15-18 GENERAL PLAN AMENDMENT DRC2014-00560 CALDWELL LAND SERVICES MARCH 11, 2015 Page 3 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 furtherfinds 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 adopt the Mitigated Negative Declaration prior to approving the requested General Plan Amendment. 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation 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 that the City Council approve the General Plan Amendment application as shown in Attachment "A" subject to each and every condition set forth below. Planning Department 1) Approval is to change the General Plan land use designation from Park (P)to Low Medium (LM) residential as shown in Attachment"A"for 6.5 acres of land located at the northwest corner of Kenyon Way and Lark Drive; APN: 1089-011-04. 2) Approval is contingent of City Council approval of Victoria Community Plan Amendment DRC2014-00561. 3) Approval is to adopt the Mitigated Negative Declaration of environmental impacts for the project and the Mitigation Monitoring Program and all mitigations contained therein. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 PLANNING COMMISSION RESOLUTION NO. 15-18 GENERAL PLAN AMENDMENT DRC2014-00560 CALDWELL LAND SERVICES MARCH 11, 2015 Page 4 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 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 11TH DAY OF MARCH 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: 4Candyurnett, Secretary I, Candyce Burnett, 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 11th day of March 2015, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE pFh� Mr PALOMAR MT BALDWIN C A R Y N _ SI t COLG4R 4vTftAA I OE sMJ� `tet IJpMERS _ AITPJT7ER PINNACLE PEAK Mr JEFFERSON 3 Proposed General Plan Land Use Designation '��T HGF 1"�� gi MIAG ATE f ROSSANO 3 ! tpuv Low Medium (LM) SUNRISE LMdi Medium eum L j ( ) Project Site rHgNy= g Q Low Medium QEs IK (LM) j v W �w• O y -IT m oT3 Low Medium (LM) PAWA Q � � VICTORIA o _ zRE rSND I � S a NTONNO �►� CL o A