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Home My WebLink About2023-007 - Resolution RESOLUTION NO. 2023-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF DESIGN REVIEW DRC2019-00850 A SITE PLAN AND DESIGN REVIEW TO CONSTRUCT A MIXED-USE DEVELOPMENT COMPRISING 311 RESIDENTIAL UNITS AND 16,000 SQUARE FEET OF COMMERCIAL LEASE AREA ON 7.94 ACRES OF LAND AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE IN THE MIXED-USE URBAN CORRIDOR (MU-UCT) ZONE; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0208.353- 02 A. Recitals. 1. The applicant, Island View Ventures, LLC, filed an application for the approval of Design Review DRC2019-00850 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review is referred to as "the application." 2. On November 9, 2022, the Planning Commission of the City of Rancho Cucamonga adopted Resolution No. 22-29 approving the application and making findings in support of its decision. 3. On November 16, 2022, Poole-Shaffery Attorneys at Law ("Appellant"), fled a timely appeal of the Planning Commission's decision approving the application. 4. On January 18, 2023, the City Council of the City of Rancho Cucamonga opened a duly noticed public hearing on the appeal, conducted the public hearing, concluded the hearing on that dale, and adopted this Resolution denying the appeal and upholding the Planning Commission's approval of the application and making findings in support thereof. 5. 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 all available evidence in the record and presented to the City Council during the above-referenced public hearing on January 18, 2023, including Resolution No. 2023-007- Page 1 of 5 written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The application applies to a vacant site located at the southeast corner of Haven Avenue and Foothill Boulevard containing a site area of approximately 7.94 acres; and G. The land use, General Plan land use designation, and Zoning classification for the subject property are as follows: Land Use General Plan Zoning Site Vacant City Center Mixed Use Urban Corridor(MU-UCT) District* North Commercial Center Mixed-Use City Community Commercial (CC)Distnct Corridor High South County Court House City Center Industrial Park(IP)Distnct' East Existing Office Building City Center Industrial Park(IP)District* West Existing Office Building City Center Industrial Park(IP)Distnct' 'Project Site Redesignated Center 2(CE2)Zone with Development Code Update d. The proposed project consists of the construction a mixed-use development comprising of 311 apartments and 16,000 square feet of commercial lease area; and e. The project complies with all pertinent development standards related to building height, site coverage, front/rear setbacks, and parking at the time the application was deemed complete. 3. Based upon all available evidence in the record and presented to the City Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a. The project is consistent with the General Plan. The General Plan Designation for the project site is City Center, which envisions medium-high to high density residential and a wide range of commercial uses. The project proposes a total of 311 apartment units 16,000 square feet of commercial space, which is consistent with the General Plan's vision; and b. The proposed development is in accord with the objectives of the Development Code, and the purposes of the district in which the site is located. The project site is within the Mixed-Use Urban Corridor zone, which is an area for a mix of residential and nonresidential uses of medium to high intensity in a vibrant pedestrian environment. The project provides for a proper mix of residential and commercial uses, concentrating pedestrian activity and intensity along Foothill Boulevard; and Resolution No. 2023-007- Page 2 of 5 C. The proposed development complies with each of the applicable provisions of the Development Code. The proposed development meets all standards outlined in the Development Code at the time it was deemed complete, as well as the design, development standards, and policies of the Planning Commission and the City; and d. The proposed development, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project site is vacant; the proposed land use is consistent with the General Plan's vision for Foothill Boulevard and the expectations of the community. 4. Based upon the facts and information contained in the CEQA Guidelines Section 15183 Compliance Memorandum, 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 based upon the findings as follows: a. The City of Rancho Cucamonga adopted a comprehensive update to the City's General Plan (GPU) and certified a Program Environmental Impact Report (EIR) (SCH No. 2021050261)on December 15, 2021.As part of the GPU, the Project site was designated for "City Center" land uses, which allows for residential development at densities ranging from 40 to 100 dwelling units per acre (du/ac) and non-residential development at a Floor Area Ratio (FAR) ranging from 1.0 to 2.0. According to Section 15168 of the CEQA Guidelines, a Program EIR may be prepared on a series of actions that can be characterized as one large project. Use of a Program EIR allows the Lead Agency to consider broad policy alternatives and program-wide mitigation measures, as well as greater Flexibility to address project-specific and cumulative environmental impacts on a comprehensive scale. b. Pursuant to Section 15183(c) of the State CEQA Guidelines, "if an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards...then an additional EIR need not be prepared for the project solely on the basis of that impact." The 7.94-acre property is designated by the City's General Plan for "City Center" land uses. The proposed Project is fully consistent with the site's GPU land use designation of"City Center" and would be consistent with all applicable GPU policies. Therefore, no subsequent or supplemental EIR is required for the proposed project. To demonstrate that no subsequent EIR or environmental review is required, a CEQA Section 15183 Compliance Memorandum dated October 11, 2022, was prepared by Michael Baker International. Staff evaluated this memorandum and concluded that the project is within the scope of the EIR certified as part of the City's GPU on December 15, 2021. The project will not have one or more significant effects not discussed in the GPU EIR, nor have more severe effects than previously analyzed, and that additional or different mitigation measures are not required Resolution No. 2023-007 - Page 3 of 5 to reduce the impacts of the project to a level of less than significant. The City Council has reviewed the Planning Commission's adoption of the CEQA Guidelines Section 15183 Compliance Memorandum and concurs with their determination. 5. Based upon the findings, evidence, and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the City Council hereby denies the appeal (DRC2022- 00445) and upholds the Planning Commission's decision to approve Design Review DRC2019-00850 subject to each and every condition set forth in the Conditions of Approval attached to Planning Commission Resolution No. 22-29. 6. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 2023-007 - Page 4 of 5 PASSED, APPROVED, and ADOPTED this W day of January 2023. s L. Den hael, May r ATTEST: J6Aice C. Reynolds, Ci Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) as 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 18" day of January 2023. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 1911 day of January, 2023, at Rancho Cucamonga, California. nice C. Reynolds, Ci y Clerk APPROVED AS TO FORM: �j Nic olas Ghirelli, City Attorney Resolution No. 2023-007 - Page 5 of 5