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HomeMy WebLinkAbout00-267 - Resolutions RESOLUTION NO. 00-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 98-02, CHANGING THE LAND USE MAP FROM LOW-MEDIUM, MEDIUM, AND MEDIUM-HIGH RESIDENTIAL; COMMUNITY FACILITES; REGIONAL RELATED OFFICE/COMMERCIAL; OFFICE PROFESSIONAL;AND PARKTO MIXED USE FOR APPROXIMATELY 232.8 ACRES OF LAND GENERALLY BOUNDED BY BASE LINE ROAD TO THE NORTH, ETIWANDAAVENUE TO THE EAST, FUTURE CHURCH STREET AND VICTORIA LOOP ROAD TO THE SOUTH,AND DAY CREEK CHANNEL TO THE WEST; AND MAKING CHANGES TO THE CIRCULATION AND PARK AND RECREATION ELEMENTS OF THE GENERAL PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 227-201-04, 13 THROUGH 18, 22, 28 THROUGH 31, 33, AND 36; 227-161-28, 31, 33, 35, 36 AND 38; 227-171-08, 11, 12, 20, 22, 23, AND 25; AND 227-211-40. A. RECITALS. 1. American Beauty Development Co. filed an application for General Plan Amendment 98-02 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 July 7, 1999, the City Council of the City of Rancho Cucamonga adopted Resolution 98-148, certifying the Final Environmental Impact Report(EIR)forthe application. 3. On June 9, 1999, and continued at the request of the applicant to July 14, and September 22, 1999,the Planning Commission conducted a duly noticed public hearing on the application. 4. On September 22, 1999, the applicant requested that his application be placed on hold indefinitely. 5. On August 30, 2000,the applicant resubmitted essentially the same application to the City. 6. On November 8, 2000, the Planning Commission of the City of Rancho Cucamonga held a duly public noticed hearing and concluded said hearing on that date. 7. On December 20,2000,the City Council of the City of Rancho Cucamonga held a duly noticed public hearing and concluded said hearing on that date. 8. All legal prerequisites prior to the adoption of this Resolution have occurred. Resolution No. 00-267 Page 2 of 7 B. RESOLUTION. NOW,THEREFORE, it is herebyfound, determined, and resolved by the Council of the City of Rancho Cucamonga as follows: 1. This 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 the substantial evidence presented to this Council during the above- referenced public hearing on November 8, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 291.8 acres of land, generally bounded by Base Line Road to the north, Etiwanda Avenue to the east, future Church Street and Victoria Loop Road to the south,and Day Creek Channel to the west, and is presently undeveloped. Said property is currently designated as Low-Medium Residential, Medium Residential, Medium-High Residential, Park, Regional Related Commercial/Office, Office Professional; and b. The property to the north of the subject site is designated Low-Medium Residential, High Residential, and Village Commercial, and is partially developed with a winery, a shopping center, and partially undeveloped land, which is approved for single-family residential. The property to the west is designated Regional Related Commercial/Office and Utility Corridor, and is undeveloped. The property to the east is designated Low-Medium Residential within the Victoria Community Plan, Low- Medium Residential within the Etiwanda Specific Plan, and Office Professional within the Etiwanda Specific Plan, and is partially undeveloped and partially under construction single-family houses. The property to the south is designated Regional Center and is undeveloped. c. The applicant proposes changing the subject site to Mixed Use, as shown and attached hereto as Exhibit "A," modifying the Circulation Element to extend Victoria Park Lane, and modifying the Park and Recreation Element to show a school and a park,as shown and attached hereto as Exhibit"B." d. This amendment does not conflict with the Land Use Polices 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 e. This amendment does promote the goals and objectives of the Land Use Element; 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. Resolution No. 00-267 Page 3 of 7 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. That the subject property 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; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,this Council hereby approves General Plan Amendment 98-02 subject to the condition set forth below. Planning Division 1) 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 the Court costs and attorneys 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 may;at its sole discretion, participate at its own expen§e•in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. Environmental Mitigation 1) Summary of Impacts and Mitigation contained in the Final EIR entitled "Final EIR for GPA 98-02, VCPA 98-01, and ESPA 98-01" shall apply except for Mitigation Measures 4.7.3A, 4.7.313, and 4.7.31D. 2) Mitigation Monitoring Program contained in the Final EIR entitled "Final EIR for GPA 98-02, VCPA 98-01, and ESPA 98-01" shall apply except for Mitigation Measures 4.7.3A, 4.7.3B, and 4.7.31D. 5. The Secretary of this Council shall certify to the adoption of this Resolution. Please see the following page for formal adoption and signatures Resolution No. 00-267 Page 4 of 7 PASSED, APPROVED, AND ADOPTED this 201h day of December 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None c' William J. Alexa er, Mayor ATTEST: XebJ. Adams, C, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held on the 201h day of December 2000. Executed this 21s`day of December, at Rancho Cucamonga, California. a Debra J. Ad CMC, City Clerk Resolution No. 00-267 Page 5 of 7 PROPOSED LAND USE FOR VICTORIA ARBORS P RAIL SPRR LM LM & NE L Ut Q LM o M e�.�( LM M yM,.j„ M1p R Q (ESP) iytMyg4s��-� M �i '�' •„S3KCHl}//}JJi n'f bn.,�.,.,'i,4£:.r, a;�•#a�J_..,.-: N �� .�r.}."3�."+^'tiny; 1�A n•�••"• >r .:.'.t: iaiiw-gin`- _ �•?�;.�:i£z1:.r=. wy�ai�:i�e.=zi FOOTH LL = " = LEGEND =•--• H= High Residential LM = Low-Medium Residential M = Medium Residential MH = Medium-High Residential MU = Mixed Use OS = Open Space ' RC = Regional Center RR = Regional Related Commercial ARROW VC = Village Commercial N Project boundary .@% Village boundary GPA 98-02 ESPA 98-01 98-01 EXHIBIT W N [' .. 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