HomeMy WebLinkAbout17-29 - Resolutions - Approval For request To Modify General Plan Figure RESOLUTION NO. 17-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA,RECOMMENDING APPROVAL OF
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 10th day of May 2017, the Planning Commission of the City of
Rancho Cucamonga conducted a noticed public hearing on the application and continued the
hearing to May 24, 2017.
3. On the 24th day of May 2017, the Planning Commission of the City of Rancho
Cucamonga conducted the 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 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 May 10 and May 24, 2017, 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 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
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
PLANNING COMMISSION RESOLUTION NO. 17-29
GENERAL PLAN AMENDMENT DRC2016-00964
NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA.
MAY 24, 2017
Page 2
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 requires 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.
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
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
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.
PLANNING COMMISSION RESOLUTION NO. 17-29
GENERAL PLAN AMENDMENT DRC2016-00964
NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA.
MAY 24, 2017
Page 3
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.
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 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
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 further finds
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 COMMISSION RESOLUTION NO. 17-29
GENERAL PLAN AMENDMENT DRC2016-00964
NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA.
MAY 24, 2017
Page 4
Planning Department
1) Approval is for General Plan Amendment DRC2016-00964, to amend
General Plan Figure LU-8,to remove the subject Canyon Live Oak tree
from this figure due to the condition of the tree related to the
development of a 140 unit affordable senior housing project for a site
located the terminus of Firehouse Court and west of Day Creek
Boulevard. APN: 1089-031-36.
2) Approval for General Plan Amendment DRC2016-00964 is contingent
upon Planning Commission approval of Design Review DRC2016-
00814 and City Council approval of Density Bonus Agreement
DRC2017-0015 and Historic Preservation Commission approval of
Certificate of Appropriateness DRC2016-00966.
3) Approval is contingent upon City Council adoption of the Mitigated
Negative Declaration of environmental impact 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
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 24TH DAY OF MAY 2017.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
rancisco Oaxaca, Chairman
ATTEST:
Ca ce Burnett, Secretary
PLANNING COMMISSION RESOLUTION NO. 17-29
GENERAL PLAN AMENDMENT DRC2016-00964
NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA.
MAY 24, 2017
Page 5
I, Candyce Burnett, Secretary of the Historic Preservation Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced,
passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga,at
a regular meeting of the Historic Preservation Commission held on the 24th day of May 2017, by the
following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: OAXACA
ABSTAIN: COMMISSIONERS: NONE
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114 City of Rancho Cucamonga
MITIGATED NEGATIVE DECLARATION
The following Mitigated Negative Declaration is being circulated for public review in accordance with
the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code.
Project File No.: General Plan Amendment DRC2016-00964, Density Bonus Agreement
DRC2017-00156, Design Review DRC2016-00814,Certificate of Appropriateness DRC2016-00966,
Variance DRC2017-00032, Tree Removal Permit DRC2016-00965.
Public Review Period Closes: May 10, 2017
Project Name: CORE Affordable Senior Housing Project Applicant: Alexa Washburn
National Community Renaissance
9421 Haven Avenue
Rancho Cucamonga, CA 91730
Project Location (also see attached map): Day Creek Boulevard and Firehouse Court.
Project Description: The project is for the development of a 140-unit multiple-family affordable
senior housing project on 4 acres of land west of Day Creek Boulevard, at the terminus of Firehouse
Court. The project includes a General Plan Amendment(DRC2016-00964)to amend General Plan
Figure LU-8, which shows the location of historic resources within the City. There is a tree on the
project site that was given a Historic Landmark Designation. Removal of the tree also requires
approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation
Commission and a Tree Removal Permit (DRC2016-00965). The project also includes a Density
Bonus Agreement(DRC2017-00156)and a Variance(DRC2017-00032)to permit walls over 8 feet
in height due to a grade difference between the project site and the adjacent properties.The project
site is on one parcel of land; APN: 1089-031-36.
FINDING
This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an
Initial Study to determine if the project may have a significant effect on the environment and is
proposing this Mitigated Negative Declaration based upon the following finding:
The Initial Study indicates that there is no substantial evidence that the project may have a
significant effect on the environment.
If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not
be required. The factual and analytical basis for this finding is included in the attached Initial
Study. The project file and all related documents are available for review at the City of Rancho
Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax
(909) 477-2847.
NOTICE
The public is invited to comment on the proposed Mitigated Negative Declaration during the
review period.
June 7, 2017
Date of Determination Adopted By