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HomeMy WebLinkAbout17-75 - Resolutions - Approving Of General Plan To Amend Tables And Text RESOLUTION NO. 17-75 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2016-00206 TO AMEND TABLES AND TEXT, INCLUDING CLARIFYING TEXT AS NECESSARY, IN THE GENERAL PLAN TO ALLOW THE DEVELOPMENT OF LAND THAT CONTAINS SLOPES OF 30 PERCENT OR GREATER; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Pacific Summit Foothill, LLC, filed an application for General Plan Amendment No. DRC2016-00206 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On the 9th day of August 2017, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the application to the August 23, 2017 Planning Commission meeting. 3. On the 23rd of August, 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. 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 August 9, 2017 and August 23, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The General Plan Slope Development Guidelines address the development of parcels with a range of natural slopes that range from "5% or less" to "30% and over"; and b. The application proposes to amend the Slope Development Guidelines to establishing to provide an exception to the development of slopes"30% and over" provided certain site conditions can be met; and c. Proposed applicable exceptions address the project location, percentage of development on surrounding properties, and slope stability and other geological factors of the site, and vegetation fuel management for wildfire protection; and d. 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 PLANNING COMMISSION RESOLUTION NO. 17-75 DRC2016-00206— PACIFIC SUMMIT FOOTHILL, LLC August 23, 2017 Page 2 e. This amendment does promote the goals and objectives of the Land Use Element by allowing for the implementation of the Mixed Use designation in this area; and f. 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. 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. That the proposed amendment is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area the application will only apply to properties located south of Banyan Avenue in the Red Hill area of the City, all of the properties surrounding the project site have been developed, and the project site has been designed to appropriately address slope stability and other geologic factors of the site; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as the amendment will only apply to properties located south of Banyan Avenue in the Red Hill area of the City and will not have citywide development implications, all of the properties surrounding the project site have been developed and portions of the project site have been previously disturbed (i.e., development of the Red Chief Motel, Sycamore Inn, abandoned water basin, and surrounding residential, commercial and public developments), and the project site has been designed to appropriately address slope stability and other geologic factors of the site; and c. That the proposed amendment is in conformance with the General Plan. The Hillside Development criteria of the General Plan and Development Code were not intended to apply as uniformly to Mixed Use designated parcels as they do to a Residential designated parcel. The intent of the Hillside Development criteria density restriction was to address natural slopes, particularly those located in the foothill areas north of Banyan Street. Here, the project site has been previously disturbed (i.e., development of the Red Chief Motel, Sycamore Inn, abandoned water basin, and surrounding residential, commercial and public developments) so that the site is no longer in a natural condition. Because few, if any other sites with a "30% and over" slopes exist south of Banyan Street, the amendment will have limited application. 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 the City Council adopt 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. PLANNING COMMISSION RESOLUTION NO. 17-75 DRC2016-00206— PACIFIC SUMMIT FOOTHILL, LLC August 23, 2017 Page 3 A comment letter was received from the California Department of Fish and Wildlife (CDFW) on July 27, 2017 in response to the circulated IS/MND. The only comment CDFW had was in relation to the possible Jurisdictional Waters on the project site. The applicant and their biologists prepared a Jurisdictional Delineation to address CDFW's comments. The Jurisdictional Delineation determined that jurisdictional waters were not present on the project site, but recommended compliance with the CDFW recommended mitigation measure prior to issuance of any grading permit. The Biological Resources section of the IS/MND, was revised to include a mitigation measure requiring the applicant to provide proof to the City that the Streambed Alteration Agreement (1602 Agreement) process has been concluded. According to CEQA Section 15073.5(a), recirculation of a negative declaration is required prior to its adoption when it has been substantially revised after public notice of its availability has been given pursuant to Section 15072. Furthermore, CEQA Section 15073.5(b) states, "a "substantial revision" of the negative declaration shall mean: (1) a new avoidable significant effect is identified and mitigation measure or project revisions must be added in order to reduce the effect to insignificance, or (2) the lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required." Here, either the CDFW will determine that notification under Section 1602 of the Fish and Game Code is required for the project, or they will require the applicant obtain a Streambed Alteration Agreement. The IS/MND was revised to include a discussion of the Jurisdictional Delineation for the project site and a mitigation measure requiring a Streambed Alteration Agreement was added to the MND and the project conditions of approval. The addition of a condition of approval requiring a Streambed Alteration Agreement is not considered substantial evidence in light of the whole record that cannot be mitigated. Therefore, the Streambed Alteration Agreement mitigation measure is not a substantial revision to the MND, and recirculation of the MND is not required; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt 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 Planning Commission's recommendation is based 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. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, PLANNING COMMISSION RESOLUTION NO. 17-75 DRC2016-00206 — PACIFIC SUMMIT FOOTHILL, LLC August 23, 2017 Page 4 this Commission hereby recommends approval of General Plan Amendment DRC2016-00206, by amending the General Plan Text, as shown in the attached Exhibits A, B, and C. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: Candyc rnett, 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 23rd day of August 2017, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS, MUNOZ ABSTAIN: COMMISSIONERS: NONE General Plan Chapter 2: Managing Land Use, Community Design, and Historic Resources i his i$"nod;'; :t llsi e;con i F € ,`i th conven'tiona Piilty,%'<, padd 'ir is a, terrant` iS o f°p bl "-'.�.... � ,- "_° 1. :eli prti'ent'.w thgrad .. •er, ed in thistPz a but existin ' r v ;•4.' 1 ndforms• j„,i,,,,retoo'"their,., 1iral fracter;.,Padded buiIdir ,saes , xh ere..•-" er i e ver�,'`te' icq �` `si .• s .radd r .t tag. 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' tes a iao,.. .Y 4' �/ice;" ,/,�, �,>i,. ,�, ••• ;�t,�'e�,�• 'y;,/<;, ,� � �ecr " srgn f furs n °ad• nt lot F �°;. . � al„de e a ,., a • ,,' Dev a rYien nt s.t one is rrriiteci'%`d f 'nro e t zi ;#fie less ui;yti"ally prod ii'r ent"sl s,"and;;then'only`where i 7ri be"strut that;R �safet`ienviror► nta'I.an�%��e"as�h�ti�•,rp'�ct;.;: ?n-• be:rri'.; �•.. s ,.,,_�.,:,. b. �'=;of'larger lot z .:rraA,,:-,,,t e '; itid -u file u;ldin str€i;'°"t ral q� ` tectirilgires ir:; tepped3 pole% ::' iptis° ,exp fed.; t I � ` m, r:5tructres shalt °b�ertd tle; "tural,enrrne.;:., :riirgtt:'their' z staa��y0,0 dials;.alci" mpa�t.c�f traic'arl.° ',ays;.s>to Vie: ,': ° ° ,, ,: ,' •• ij nimiz j followin `oat?"''n,C0 ni tgi js or usir g` rade`separatipn >k hiss n'exce;' :°e stop ndi ,,_.-t"de "lopment.;i--;profit, �d unless`" ll';thefr,"' yin :a' ,atis '"„ ,i th. e is + ate ' rith �_ :.,,. 1 1, # 'the lots of Barr s'' reef, °r't feast se.�ren '-fitre par ;a :'. ".:. pr'y„,' p4011,-'Ala tsare„the , F e+ t'af,t` r,develrspme -i�plrcr tier.,are, „, urroii e ay lots;-or na "%rapt tf;.with tru tuth5 and tiii "-„e:::, ' .ir os;d ro'ect :'.'„ •dete',;,tilt,trr ropnaof addr""'s's.:,s1o! 04 �. ability:and� e• rq. + li ical-,,-fa s'`ofy s ant!-tiv ve r t r rt'ur' ir g.; l`uei`. tn•ai merit; --.itdfire,' totes r n:: "'` iactiii ==arid:::: '„ 'rnaiiiitainsL:Pr.; . . „do ,ha• EXHIBIT A General Plan Chapter 2: Managing Land Use, Community Design, and Historic Resources Land Use Goals and Policies Policy (II-8.6' Require that hillside development minimize alteration of natural landforms, and encourage clustering where feasible to retain maximum open space. Discussion.: The objectives for managing development in hillside areas are to maintain existing slopes, vegetation, wildlife corridors, drainage patterns, knolls, rock outcrops, and ridgelines wherever feasible. Furthermore, the City should avoid development that would result in fire, flooding, landslide, erosion, and other safety hazards. The City seeks hillside development that limits the extent of grading alterations to natural landforms, and provides for innovative design and arrangement of building sites that retain significant natural habitats and features. Clustering is a way of laying out a project whereby the structures are "clustered" together and open space is shared by the residents. Existing slopes, vegetation, wildlife corridors, drainage patterns, knolls, rock outcrops, and ridgelines may be modified only if done in a manner consistent with the City's Hillside Development Ordinance. EXHIBIT B General Plan Chapter 8: Public Health & Safety Public Health and Safety Goals and Policies PolicyPS-G.1• Continue enforcement of the Hillside Development Guidelines to allow for ' prudent development and redevelopment of all properties located on slopes greater than 10 percent, and continue to preserve as open space properties located on slopes greater than 30 percent, except as otherwise provided below. Oiscussian.: The most effective way to protect lives and property from debris flows and slope instability is to continue to prohibit development on property that exceeds 30 percent in slope, in accordance with current ordinances unless all the following are satisfied: (i) the property is located south of Banyan Street: (ii) at least seventy-five percent (75%) of the lots or parcels that are the subject of the development application are surrounded by lots or parcels improved with structures: (iii) the proposed project is determined to appropriately address slope stability and other geological factors of the site; and (iv) vegetation for fuel management for wildfire protection can be achieved and maintained. In addition, property having a natural slope between 10 and 30 percent can be made unstable by development and grading activities. Hillside development guidelines enforce the existing grading standards and require aesthetic treatments that both improve the appearance of the hillsides and preserve the stability of the slopes. These measures include returning slopes to their natural appearance, density reduction, clustering of developments, and steepness after grading. Environmental preservation of the eastern San Gabriel Mountains is also required to reduce debris flow potential. Development of the hillside terrain will only increase the potential for debris flows to damage the City unless the situation is carefully managed. EXHIBIT C