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Home My WebLink About08-220 - Resolutions RESOLUTION NO. 08-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2008-00160 AMENDING THE LAND USE MAP FROM OFFICE TO APPROXIMATELY 11.83 ACRES OF MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND 2.90 ACRES OF NEIGHBORHOOD COMMERCIAL LAND, LOCATED AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND CHURCH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-422-01, 46, AND 93 A. RECITALS. 1. Lewis Community Builders filed an application for General Plan Amendment DRC2008-00160 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 the 24th day of September 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2008-00160 and issued Resolution 08-38 recommending City Council approve the above listed application. 3. On November 5, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said 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 bythe 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 the substantial evidence presented to this City Council during the above-referenced public hearing on November 5, 2008, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The application applies to approximately of 14.73 acres of undeveloped land in the Terra Vista Community at the southeast corner of Haven Avenue and Church Street. Said property is currently designated as Office; and Resolution No. 08-220 Page 2 of 7 b. The property to the north of the subject site is designated Medium Residential (8-14 dwelling units per acre) and is multi-family residential; the property to the west is designated General Commercial and Mixed Use (Office) and is vacant and commercial; the property to the east is designated Office and is developed with an office park; and the property to the south is designated Office and Community Commercial and is vacant and retail commercial. c. 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; and e. 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. 3. Based upon the substantial evidence presented to this City Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this City 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, since the submitted Master Plan (Conceptual layout) demonstrates a design that provides a transition from more sensitive land . uses and buffering methods to mitigate multi-family residential and commercial activities such as loading, lighting, and trash collection, and provides vehicle and pedestrian access that is coordinated and logically linked to provide a comprehensive circulation system; and b. That the proposed Amendment would not have significant impacts on the environment, nor the surrounding properties. The Master Plan (Conceptual layout) utilizes access points existing on Haven Avenue and Town Center Drive for the Neighborhood Commercial land use and, primarily, Terra Vista Parkway for the residential ,use thereby directing traffic to non-residential oriented streets and; c. That the proposed amendment is in conformance with the General Plan. The General Plan Land Use Designation .is described as: "The Neighborhood Commercial designation provides for small-scale shopping centers (approximately 5 to 15 acres) in the residential sectors of the City, offering convenient retail goods and services for residents. Examples of permitted uses within this designation include eating and drinking establishments,food and beverage retail sales, limited personal, medical and repair services, and retail sales. Neighborhood Commercial centers should be compatible in design and scale with the adjacent residential areas. Resolution No. 08-220 Page 3 of 7 Convenient paths for pedestrian access into and around the center should also be provided." The General Plan describes Medium-High Residential as "The Medium-High density designation is characterized by low-rise condominiums and apartment buildings. This density is appropriate in proximity to major community facilities, employment centers, and along major thoroughfares with transit availability." The location and configuration of the requested Amendment is highly compatible with these desired characteristics with the location adjacent to Haven Avenue, Church Street, and Town Center Drive; 4. The information contained in the proposed Mitigated Negative Declaration, 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 and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, 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, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council 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 City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings,the City Council hereby adopts the Mitigated Negative Declaration. c. The City Council 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 City Council therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision 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. Resolution No. 08-220 Page 4 of 7 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this City Council hereby approves General Plan Amendment DRC2008- 00160 to change the General Plan Land Use Plan designation of 14.73 acres of undeveloped land at the southeast corner of Haven Avenue and Church Street from Office to approximately 11.83 Acres of Medium-High Residential (14-24 dwelling units per acre) and 2.90 acres of Neighborhood Commercial, in words and figures, as shown in the attached Exhibit "A", and including a Master Plan designation requirement which is included for reference purposes, as shown in Exhibit "B". 6. The Secretary to this Council shall certify to the adoption of this Resolution. Please see Rte following page for formal adoption,certification and signatures Resolution No, 08-220 Page 5 of 7 PASSED, APPROVED, AND ADOPTED this 5th day of November 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None 0 � Donald J. Kurth, M.D., Mayor ATTEST: K tf�ryn L. colt, CMC, Acting City Clerk I, KATHRYN L. SCOTT, ACTING 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 5th day of November 2008. Executed this 6th day of November 2008, at Rancho Cucamonga, California. Kathryhi L. SccQt, CMC, Acting City Clerk Resolution No. 08-220 Page 6 of 7 LOW ---- m CHURCH ED]UM MEDIUM HIGH MIXED USE MEDIUM HIGH 1474 DU/AC W G (Master Plan Required) OFFICE INDUSTRIAL PARK Ov gQQcc GO �O NEIGHBORHOOD j D COMMERCIAL m W Z F— GENERAL OFFICE COMMERCIAL COMMUNITY COMMERCIAL SONG ( 300 0 300 600 Feet EXHIBIT "A" GENERAL PLAN AMENDMENT DRC2008-00160 (Amending the Land Use Plan) k � t �*�y� :V f tlFS'M�: t 1 S nam.Y Y 7 HAVEN AVENUE ELEVATION M3 0 � s� tv . m NI OVERALL SITE PLAN p r- 0 0 SITE PLAN & EXTERIOR ELEVATION DRC 2008-00163 & SUBTPM 18797 Z NEC HAVEN & TOWN CENTER NflflEl o RANCHO CUCAMONGA, CA. (I FT(f I I o m ON V O