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Home My WebLink About17-039 - Resolutions - GENERAL PLAN AMENDMENT DRC2016-00964 RESOLUTION NO. 17-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2016-00964, A REQUEST TO MODIFY GENERAL PLAN FIGURE LU-8 RELATED TO THE REMOVAL OF THE HISTORIC RESOURCE DESIGNATION OF AN ON-SITE TREE RELATED TO THE ARCHITECTURAL REVIEW OF A 140-UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW- MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. National Community Renaissance of California filed an application for the approval of General Plan Amendment DRC2016-00964, 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 24th day of May, 2017, 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 by recommending approval of the application to the City Council for final action by adoption of their Resolution No. 17-29. 3. On the 7th day of June, 2017, the City Council conducted a duly noticed public hearing on the application and concluded the 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: NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: SECTION 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. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on June 7, 2017, 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 terminus of Fire House Court and west of Day Creek Boulevard in the Low Medium (LM) District of the Victoria Community Plan; and b. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) District and Flood CITY COUNCIL RESOLUTION NO. 17-039 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 2 Control/Utility Corridor(FC/UC) District of the Victoria Community Plan;to the east is Day Creek Fire Station#173,within the Low Medium (LM) District of the Victoria Community Plan;to the north is the Pacific Electric trail and single-family residences within the Low Medium (LM) District of the Victoria Community Plan; and, to the south is land that is under construction with a new commercial center (Day Creek Village)within the Village Commercial (VC) District of the Victoria Community Plan;and c. The applicant is requesting to develop a 140-unit affordable rental senior housing project on 4 acres of land; and d. A large specimen Canyon Live Oak tree is located at the southeast corner of the site that was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987.The health of this tree has since declined to a point where the applicant's arborist and the City's on-staff arborist have concluded that the tree cannot be preserved. Removal of the tree required approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation Commission, a General Plan Amendment(DRC2016-00964) to modify General Plan Figure LU-8 to remove the tree from a map illustrating the location of all the historic resources in the City and a Tree Removal Permit (DRC2016-00965); and e. 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 amend General Plan Figure LU-8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource. The subject tree was designated a Historic Landmark on October 21, 1987.The condition of the tree has since declined to a point where it cannot be preserved; and f. This amendment does promote the goals and objectives of the General Plan Land Use Element.The subject General Plan Amendment is to amend General Plan Figure LU-8(Historic Resources)to remove a Canyon Live Oak as a Historic Resource and will not impact the goals and objectives of the General Plan. g. 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 amendment is to remove a tree from General Plan Figure LU-8(Historic Resources) that was given Historic Landmark Designation due to decline of the tree. The subject tree will be replaced with a large specimen tree of the same species in close proximity to the location of the existing tree. Section 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 proposed amendment will not change the land use designation of the project site. The subject General Plan Amendment will amend General Plan Figure LU-8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource due to the declining health of the tree. b. The proposed amendment would not have significant impacts on the environment CITY COUNCIL RESOLUTION NO. 17-039 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 3 nor the surrounding properties.The amendment will not have significant impact on the environment as it is to amend General Plan Figure LU-8(Historic Resources)to remove a Canyon Live Oak as a Historic Resource due to the declining health of the tree. A replacement tree of the same species will be planted on the project site to replace the removed tree. c. The proposed amendment meets the goals and policies of the General Plan.The amendment will not impact the goals and policies of the General Plan as it is to amend General Plan Figure LU-8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource due to the decline of the tree. A replacement tree of the same species will be planted on the project site to replace the removed tree. SECTION 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 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; and 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; 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 the City Planner 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. SECTION 5: The General Plan Amendment is hereby amended to read, in words and figures, as shown in Exhibit 1. CITY COUNCIL RESOLUTION NO. 17-039 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 4 SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Resolution 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 Resolution. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Resolution 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 Resolution 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 RESOLUTION NO. 17-039 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 5 PASSED, APPROVED, AND ADOPTED this 7th day of June, 2017. i ill ' ichael, M or /14 ATTEST: 11//)/// ( igetrit,oedz a ice C. Reynolds, Cler STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 7th day of June 2017. 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