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HomeMy WebLinkAbout190 - Ordinances ORDINANCE NO. 190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANNED COMMUNITY ZONE NO. 81-01 FOR THE DEVELOPMENT OF TERRA VISTA PLANNED COMMUNITY GENERALLY LOCATED BETWEEN BASE LINE AND FOOTHILL BOULEVARD ON THE NORTH AND SOUTH AND BETWEEN ROCHESTER AND HAVEN ON THE EAST AND WEST The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cuoamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. That the conditions recommended by Planning Commission Resolution No. 83-13 (Exhibit "A") and attached hereto as reference, shall be complied with as amended by City Council action as shown on Exhibit D. Changes and alterations have been incorporated into the project which mitigates significant environmental effects to an acceptable level. E. The Planned Community provides for the development of a comprehensively planned urban community within the zone that is superior to development otherwise allowed under alternate regulations. F. The Planned Community provides for development within the zone in a manner consistent with the General Plan and with related development and growth management policies of the City. G. The Planned Community provides for construction, improvements, or extension of transportation facilities, public utilities, and public services required by development within the zone. SECTION 2: The City Council hereby certifies the adequacy of the final Environmental Impact Report based upon the following findings: A. The final Environmental Impact Report has been prepared in accordance with the California Environmental Quality Act, the State, and local EIR guidelines. B. The Planning Commission has reviewed and considered the information contained within the EIR prior to recommending approval of the project. Ordinance No. 190 Page 2 ~ECTION 3: The City Council hereby adopts the following statement of overriding consideration: To the extent that the Planned Community allows the occurrence of significant effects identified in the final EIR without full mitigation the City Council has identified specific economic, ecological, and social reasons to support its action which make infeasible the project alternatives described in the final EIR or additional mitigation measures. The City Council finds that facts supporting this finding are contained in the final EIR and the Planned Community text. Mitigation measures have been made a condition of approval of the Planned Community and are intended to mitigate or avoid the significant environmental effects identified in the final EIR. The Planned Community itself is a mitigation measure which is intended to mitigate or avoid the significant environmental effects of development which eoutd otherwise occur without a planned comprehensive approach such as the Planned Community standards, guidelines and regulations. ~ECTION 4: The following described real property is hereby rezoned to Planned Community Zone 81-01 and the zoning map is hereby amended accordingly. Further, the development of said property shall be regulated by the adopted Planned Community Text entitled "Terra Vista" and in part by the Rancho Cucamonga Zoning Ordinance. PC 81-01 - Approximately 1321 acres and beginning at the northeast corner of Haven Avenue and Foothill Boulevard and traversing north to the Pacific Electric Railroad; thence east to the eenterline of Milliken Avenue; thence south to the oenterline of Base Line; thence east to the eenterline of Rochester; thence south to the centerline of Foothill Boulevard; thence west to the beginning point of Haven Avenue and Foothill Boulevard. SECTION 5: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 16th day of February, 1983. AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None ATTEST: Ordinance No. 190 Page 3 EXHIBIT "A" RESOLUTION NO. 83-13 A RESOLUTION OF THE PLANNING CO~ISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECO~NDING APPROVAL OF PLANNED CO, UNITY ZONE NO. 81-01 AND CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT TO THE CITY COUNCIL FOR THE TERRA VISTA PLANNED COMMUNITY WHEREAS, an application and supporting documents have been filed for the establishment of a Planned Community Zone for approximately 1321 acres generally located between Base Line and Foothill Boulevard on the north and south, and Rochester and Haven on the east and west; and WHEREAS, the Planning Commission has held several duly advertised public hearings pursuant to Section 65854 of the California Government Code; and WHEREAS, the Planning Commission has reviewed and considered all elements of the proposed Planned Community and the associated Environmental Impact Report. NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga, California does resolve as follows: SECTION 1: The Planning Commission recommends certification of adequacy for the final Environmental Impact Report to the City Council based on the following findings: 1. The final Environmental Impact Report has been prepared in accordance with the California Environmental Quality Act, the State, and local EIR guidelines. 2. The Planning Commission has reviewed and considered the information contained within the EIR prior to recommending approval of the project. SECTION 2: The Planning Commission recommends adoption of this statement of overriding considerations to the City Council: To the extent that the Planned Community allows the occurrence of significant effects identified in the final EIR without full mitigation the City Council has identified specific economic, ecological, and social reasons to support its action which make infeasible the project alternatives described in the final EIR or additional mitigation measures. The Planning Commission finds that facts supporting this finding are contained in the final EIR and the Planned Community text. Mitigation measures have been made a condition of approval of the Planned Community and are intended to mitigate or avoid the significant environmental effects identified in the final EIR. The Planned Community itself is a mitigation measure which is intended to mitigate or avoid the significant environmental effects of development which could otherwise occur without a planned comprehensive approach such as the Planned Community standards, guidelines and regulations. SECTION 3: The Planning Commission recommends adoption of Planned Community No. 81-01 to the City Council based on the following findings and recommended conditions; Ordinance No. 190 Page 4 FINDINGS: 1. Changes and alterations have been incorporated into the project which mitigate significant environmental effects to an acceptable level. 2. The Planned Community provides for the development of a comprehensively planned urban community within the zone that is superior to development otherwise allowed under alternate regulations. 3. The Planned Community provides for development within the zone in a manner consistent with the General Plan and with related development and growth management policies of the City. 4. The Planned Community provides for construction, improvements, or extension of transportation facilities, public utilities, and public services required by development ¥ithin the zone. CONDITIONS 1. Prior to final approval of the first tract map in Terra Vista, a detailed parks and open space implementation plan shall be prepared by the applicant and approved by the City Council. 2. Prior to consideration and approval of any development in Terra Vista, mitigation measures outlined in the final Environmental Impact Report shall be reviewed and considered. 3. All flood control and drainage structures needed for each individual development shall be constructed by the developer. Adequate plans showing that each phase can be safely and properly drained shall be submitted to and approved by the City Engineer prior to issuance of building permits for that phase. 4. All traffic and circulation improvements shall be designed and installed by the developer at the direction of the City Engineer and as needed for each development phase. 5. Prior to final approval of any residential development, adequate capacity shall exist or will be provided at the time of development for public services such as schools, sewer treatment capacity, water availability, and police and fire protection and utilities. 6. Prior to final approval of the first tract map, the creation of a maintenance district or other acceptable alternative shall be established for Terra Vista. 7. The developer shall encourage and facilitate bus service and transit routes throughout Terra Vista as development occurs. Programs such as ride sharing, provisions for park and ride facilities, bicycle lanes, vanpool programs, shall be considered. 8. As development phases occur, appropriate physical improvements shall be made by the developer for pedestrian and bicycle routes and transit facilities such as bus pullouts and waiting areas. Ordinance No. 190 Page 5 9. As each development phase occurs, berms, walls, building attenuation shall be provided to adequately mitigate any potential noise impacts. 10. The following standards and sections of the Planned Community text shall be revised as follows: A. Commercial setbacks on Special Boulevards: 1. Parking Area - Parking areas should be setback at an average depth of 43 feet from the face of curb and in no ease shall be located closer than 28 feet to the face of curb. 2. Building Setback - Buildings shall be setback at an average of 43 feet from the face of curb and shall be no closer than 38 feet from the face of curb. B. Residential Setbacks on Special Boulevards: 1. Building Setbacks - Two story or greater buildings shall be setback at an average depth of 43 feet from the face of the curb and no less than 38 feet from the face of curb. One story buildings shall be setback at an average 38 feet from the face of the curb and no less than 33' from the face of the curb. 2. Walls - The use of walls shall be discouraged wherever possible through the use of side on cul-de-sacs, berming, landscaping or building setbacks and orientation. Where walls are needed for single family detached units, they shall be setback at an average of 20 feet from the face of the curb and no less than 18' from the face of the curb. Where walls are needed for clustered multiple family units, they shall be setback a minimum of 28 feet from the face of curb. C. The format of the residential development standard section shall be revised to eliminate repetition and shall use matrixes for uses and standards. D. The text beginning in Section VI, page 2 through 4, under the subtitle "Applicable Law and Park Plan" shall be eliminated in its entirety. E. On page VI-4 of the text under "Provisions for Meeting Park Requirements',, the statement on public open areas should be amended to read..."not to total less than 42.6 acres or 77% whichever is greater of the total amount required. F. The Affordable Housing provisions contained in Section VI, shall be revised as follows: 1. The language discussing the use of affordable programs and entitlements, shall be partially eliminated and amended. Ordinance No. 190 Page 6 2. A statement shall be included that it is the goal to provide at least fifteen percent (15%) affordable housing in each of the four major neighborhoods of the Planned Community. 3. The discussion on control of windfall profits shall be eliminated. 11. The above required revisions shall be submitted to the City Planner in draft form for review and approval within 30 days from the adoption by the City Council. The final adopted revised text shall be printed and submitted to the City Planner within 60 days from City Council approval. APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY, 1983. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Jeffrey King, Chairman ATTEST: Secretary of the Planning Commission I, JACK LAM, 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 26th day of January, 1983, by the following vote-to-wit: AYES: COMMISSIONERS: REMPEL, STOUT, BARKER, MCNIEL, KING NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE Ordinance No. 190 Page 7 EXHIBIT "B" CITY COUNCIL ACTION OF FEBRUARY 7, 1983 HEARING The City Council, in addition to accepting the conditions recommended by Planning Commission Resolution No. 83-13, altered and added the following items: 1. Condition 10-E of Commission Resolution was amended by the following action: A. Beginning on page VI-4 of the Terra Vista Text, under the section entitled "Provisions for Meeting Park Requirements," the first point under the first paragraph shall be amended to require not less than 55.8 acres of public parks, greenways and trails. The second point under the first paragraph shall be entirely eliminted. The second paragraph is amended to eliminate the phrase, "and provision of credited private open space, as discussed below." B. The section entitled, "Credit for Private Open Space," beginning on page VI-4 and continuing to VI-7, shall be eliminated entirely. C. Any other areas of the text with reference to parks shall be amended to reflect the intent of the above changes. 2. The 13.2 acres of public park area, which is currently not shown on the land use plan, shall be shown on the north side of Base Line, adjacent to the east side of Deer Creek Channel. 3. The neighborhood center located on the corner of Spruce and Terra Vista Parkway shall be eliminated, and a neighborhood center shall be designated on the northeast corner of Haven ~nd Base Line. 4. An expanded green area, not less than 10,000 square _eet in area, shall be provided on the southeast corner of Haven and Base Line. Further, this area shall not be credited towards park fees.