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HomeMy WebLinkAbout09-082 - Resolutions RESOLUTION NO. 09-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2008-00384 AMENDING TABLE III-4 (THE REGIONAL CENTER LAND USE MIX) TO INCREASE THE DWELLING UNIT DENSITY FOR THE VICTORIA GARDENS REGIONAL LIFESTYLE CENTER GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST,AND DAY CREEK BOULEVARD TO THE WEST; AND MAKING FINDINGS IN SUPPORT A. Recitals. 1. Forest City Development California, Inc. filed an application for General Plan Amendment DRC2008-00384 as described in the title of this Resolution. Hereinafter in this Resolution, the subject application is referred to the "the application." 2. The property subject to the application (hereinafter, the "subject property") is comprised of approximately 174 acres of land, generally bounded by Church Street to the north,the 1-15 Freeway to the east, Foothill Boulevard to the south, Day Creek Boulevard to the west. Said property is currently designated as Mixed Use. 3. The property to the north of the subject property is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west is designated Mixed Use, and is developed with multi-family residential units. The 1-15 Freeway lies immediately to the east with the land further east designated Low-Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial. Foothill Boulevard lies to the south, beyond which the land is developed with commercial uses and designated Regional Related Office/Commercial. 4. Development of the subject property is governed by the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and a development agreement between the City and the applicant. 5. Subsequent to the 2002 approval of the Victoria Gardens Master Plan, approximately 52% (36% built and 16% approved but not built)of the approved residential dwelling units and 57% of the approved commercial, office, and civic uses included in the Victoria Gardens Master Plan have been completed. 6. Concurrent with this application, the applicant has also applied for Victoria Gardens Master Plan Amendment DRC2009-00145,Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC2009-00146, and Development Agreement Amendment DRC2008-00385. The purpose of these other applications is to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within the Victoria Gardens Master Plan area. 7. As shown in the attached Exhibit'A"the application proposes to amend Table III-4 of the General Plan to allow the development of residential uses in the Main Street Area and to make certain other conforming amendments. Resolution.No. 09-082 Page 2 of 5 8. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the original Victoria Gardens Master Plan. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan,which is hereby incorporated by this reference. The Statement found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EIR. 9. Based on an Initial Study, comments received during the public review of the Initial Study, and comments received during the public scoping meeting,the City determined the changes to the Victoria Gardens Regional Lifestyle Center proposed by the application and the related applications are substantial and required further environmental analysis with respect to aesthetics and air quality. The City further determined that a supplemental EIR would make the previous EIR adequately apply to the application. 10. Pursuant to CEQA Guidelines, Section 15082, the City published a Notice of Preparation (NOP) of a Draft Supplemental EIR (SEIR) for the project, and circulated the NOP to governmental agencies, organizations, and persons who may be interested in the project, including nearby landowners, homeowners, and tenants. When the Draft SEIR was complete, the City circulated it for public review and comment for 45 days. The City has responded to the two sets of written comments regarding the Draft SEIR that were received during the public review period. Those comments and the City's responses are included as Appendix C to the Final Supplemental EIR/Response to Comments document (SCH#20010131028) ("Final SEIR"). 11. On April 8, 2009, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date, after which the Planning Commission adopted Resolution 09-10,which recommended certification of the Final SEIR, adoption of Findings and Statement of Overriding Considerations, adoption of the Mitigation Monitoring and Reporting Program found in Exhibit "B" to this Resolution, as conditions of approval, and approval of the application. 12. On May 6, 2009, the City Council conducted a duly noticed public hearing and considered the application and the Final SEIR as prescribed by law, and certified the Final SEIR, and adopted Findings pursuant to CEQA, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. 13. On May 6, 2009, the City Council conducted a duly noticed public hearing on the application, and all interested persons were given an opportunity to present oral and written evidence regarding the application and the Final SEIR and concluded said hearing on that date. 14. 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. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Resolution No. 09-082 Page 3 of 5 2. Findings. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on May 6, 2009, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application has been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act ("CEQA"). b. The application is consistent with the direction, goals, and policies of the adopted General Plan. C. Approval of the application would not be materially injurious or detrimental to the adjacent properties and would not be detrimental to the health, safety, and general welfare of the community. d. The findings set forth in this Resolution reflect the independent judgment of the City Council. 3. Determination. Based on the findings set forth in this Resolution and the totality of the administrative record before it, the City Council hereby approves General Plan Amendment DRC2008-00384 and adopts the Mitigation Monitoring and Reporting Program in Exhibit "B" as conditions of approval. 4. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formai adoption,certification and signatures Resolution No. 09-082 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 6th day of May 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Y Donald J. Kurth, .D., Mayor ATTEST: ^� Jan e C. Reyn6ids, City Clerk I, JANICE C. REYNOLDS, 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 6th day of May 2009. Executed this 7th day of May 2009, at Rancho Cucamonga, California. s U1 �✓ Ja ice C. Reynolds, City"ClerK Resolution No. 09-082 Page 5 of 5 Exhibit A Amendment to the General Plan Table II-4 of the General Plan is hereby amended to appear as follows: TABLE 111-4 THE REGIONAL CENTER LAND USE MIX Estimated • Acreage Range "Most Case" Percent 0 Density(du/acre) Acres/Dwelling Land Use 0 Dwelling Unit Range Units(du) Commercial—retail, service 20%-41% 99-209 acres 222 acres commercial, office, tourist commercial Public/Quasi Public— 5%- 12% 26-61 acres 40 acres performing arts center,trails, landscape/hardscape, public spaces Residential 15%-30% 77-153 acres @ 98 acres 14 du/acre2 14 du/acre 788 to 1,852 du 1,082 du Residential/Mixed Use 0%-4% 3-21 acres@ 3 acres Main Street Area 14-100du/acre 100 du/acre 290 du 290 du Residential—Low Medium 6% 32 acres 32 acres @ 4-8 du/acre 8 du/acre 128 to 256 du 208 dui Total Residential 21%-36% 112-206 acres 133 acres 1,206 to 2,398 du 1580 du ROW—collector/local roads 20%-25-/. 102-128 acres 115 acres TOTALS 100% 510 acres 510 acres 1.The acreage in this category also includes land for local park and school purposes. 2.Indicates target density,not a range. Actual density may increase up to 20 du/ac as long as the total of 1,082 dwelling units is not exceeded. 3.Indicates target dwelling units based on historic city experience where development occurs midway between 50 and 75%of the range.