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HomeMy WebLinkAbout762 - Ordinances ORDINANCE NO. 762 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2004-00352, A REQUEST TO AMEND THE DEVELOPMENT CODE TO ALLOW THE DEVELOPMENT OF THE LAND THAT CONTAINS A 30 PERCENT SLOPE UNDER SPECIFIED CIRCUMSTANCES INCLUDING LAND WITHIN A MIXED-USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAIL ROAD RIGHT OF WAY, AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 06-37, recommending that the City Council of the City of Rancho Cucamonga adopt said Amendment. 2. On June 21, 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development Code Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on June 21, 2006, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to land having a 30 percent or greater slope that is located south of Banyan Street, including an approximately 21 acres of land, basically an irregular configuration, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Road Right-of-Way, and is presently vacant. Said property is currently designated as Mixed Use; and Ordinance No. 762 Page 2 of 10 b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail) and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development; and c. Hillside Development criteria of the General Plan and Development Code were not intended to apply as uniformly as with a residential designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes, particularly those located north of Banyan Street. In this case we have a 20 acre fractured site surrounded by developed land located south of Banyan Street. In fact, the site has been so altered (Foothill Boulevard., R.R. Line, a water reservoir, and a water tank with graded access roads), that the site is no longer in a natural condition. Few, if any other sites with 30 percent slopes exist south of Banyan Street and so this amendment will have limited application in the City. Therefore, 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 d. 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 e. In as much as an Office Commercial use allowed under the Mixed Use Designation would not be subject to the Hillside Density provisions of the General Plan and Development Code but would allow a non-residential project of the same or more intense building mass, 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. Ordinance No. 762 Page 3 of 10 SECTION 3: 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, this Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. SECTION 4: Chapter 17.24, is hereby amended to change 17.24.050 Hillside designation, in words and figures, as shown in the attached Exhibit "A." SECTION 5: 17.24.080 Density, is hereby amended to read, in words and figures, as shown in Exhibit "B." Ordinance No. 762 Page 4 of 10 SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that anyone or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Please see the following page for formal adoption, certification and signatures Ordinance No. 762 Page 5 of 10 PASSED, APPROVED, AND ADOPTED this 5th day of July 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 21s' day of June 2006, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 51h day July 2006. Executed this 61h day of July 2006, at Rancho Cucamonga, California. Title 17 DEVELOPMENT CODE Ordinance No. 762 Page 6 of 10 Chapter 17.24 HillSIDE DEVELOPMENT REGULATIONS 17.24.050 Hillside designation. The following shall serve as general standards for the five established slope zones to ensure that development will compliment the overall character of the landform. In order to permit the extension of a logical design concept, the standards for one zone may be applied to limited portions of the adjacent zone. Slope Zone % Natural Slope Standards 1. 5 or less 2. 5 to 7.99 EXHIBIT A This is not a hillside condition. Grading with conventional fully padded lots and terracing is acceptable. Development with grading is permitted in this zone but existing landforms must retain their natural character. Padded building sites are permitted; however, techniques such as contour grading, combined slopes, limited cut and fill, and split level architectural prototypes, or padding for the structures only, may be required to reduce grading. In conjunction with the techniques described above and for a project within a master plan which includes special design features, such as a golf course, extensive open space, or significant use of green belts or paseos, as exemplified in the following cluster development, the planning commission may consider the use of mass grading techniques adjacent to these special design features as partial compliance with this standard. Ordinance No. 762 Page 7 of 10 3. ~ i ,..~",,;:" _. ~~y,.:l .~~.~. ~'.':.".': 1'" ~ "~:'" . -;;:;.,C . .--!p 'l1. tP ~ .~ ~ ~ 10"':? ~ .11 8 to 14.9 This is a hillside condition. Special hillside architectural and design techniques that minimize grading are required in this zone. Architectural prototypes are expected to conform to the natural landform by using techniques such as split level foundations of greater than eighteen inches. stem walls. stacking. and clustering. In conjunction with the alternative techniques described above and for a project within a master plan which includes special design features, such as a golf course, ex1ensive open space, or significant use of green belts or paseos, the planning commission may consider padded building sites adjacent to those special features when it is found that said grading creates a better relationship between that special design feature and the adjacent lots. 4. 15 to 29.9 5. 30 and over Ordinance No. 762 Page 8 of 10 Development within this zone is limited to no more than the less visually prominent slopes, and then only where it can be shown that safety, environmental, and aesthetic impacts can be minimized. Use of larger lots, variable setbacks, and variable building structural techniques such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of traffic and roadways is to be minimized by following natural contours or using grade separations. This is an excessive slope condition and development is prohibited, unless all the followinq are satisfied: Ii) the property is located south of Banvan Street: Iii) at least 75% of the lots or parcels that are the subiect of the development application are surrounded by lots or parcels improved with structures: and liii) the proposed proiect is determined to appropriately address slope stability and other qeoloqical factors of the site. Ordinance No. 762 Page 9 of 10 17.24.080 Density. Slope density regulations which correlate intensity of development to steepness of terrain will be used to minimize grading, removal of vegetation, land instability, and fire hazards. The total allowable residential dwelling units shall be calculated based on the total (buildable) land area within each slope category multiplied by the capacity factor for each to the slope category. A. Calculation of Density. The maximum number of units that may be permitted in a proposed development shall be determined by multiplying that area of land in each slope category by the capacity factor shown in the following table, taking the products of these calculations converted to square feet, and dividing this figure by the required site area unit in square feet prescribed in the underlying zoning district (except the hillside residential district where there is no minimum lot size required). In the hillside residential district, the allowable amount of buildable area resulting from the capacity factor calculation will constitute the adjusted net buildable area. B. Land Capacity Schedule. Slope Category -Buildable Area in square feet Capacity Factor Adjusted Net Buildable Area (sq uare feet) x 1.00 = Under 10 percent 10-14.9 percent 15-19.9 percent 20-24.9 percent 25-29.9 percent 30+ percent x 0.75 = x 0.50 = x 0.25 = x 0.025 = x 0.0 = Divided by minimum lot size requirement of underlying zoning district except in Hillside Residential Permitted number of units -Buildable area is a contiguous area of the lot which is less than thirty percent in natural slope or in the area determined, through environmental studies and investigation, as buildable. EXHIBIT B Ordinance No. 762 Page 10 of 10 c. Exceptions. The following land areas, meeting any or all of the following criteria, shall not be included in the calculation of total allowable dwelling units: 1. All land areas, regardless of slope, which will be subject to inundation during a one hundred year storm after development has occurred; 2. All land which is in a geologic hazard zone, as defined in the safety element of the general plan of the city, and for which no feasible mitigation measures are proposed; 3. All land area which lies within a federally recognized blue line stream, or contains significant riparian or stream bed environs. (Ord. 416 S 6 (part), 1990) 4. All the followino are satisfied: Ii) thepropertv is located south of Banvan Street: Iii) at least land where 75% of the lots or parcels that are the subiect of the development application are surrounded by lots or parcels improved with structures: and liii) the proposed proiect is determined to appropriately address slope stability and other oeolooical factors of the site.