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HomeMy WebLinkAbout813 - OrdinancesORDINANCE NO. 813 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00383 CHANGING THE RESIDENTIAL AND COMMERCIAL STANDARDS AND MODIFYING VARIOUS TEXT IN THE COMMUNITY PLAN TO ACCOMMODATE THE AMENDED VICTORIA GARDENS MASTER PLAN ON APPROXIMATELY 174 ACRES OF LAND AND IS GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals 1. Forest City Development California, Inc. filed an application for Victoria Community Plan Amendment DRC2008-00383 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 I-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 I-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 Arbors Master Plan Amendment DRC2009- 00146, General Plan Amendment DRC2008-00384 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 the text of the Victoria Community Plan to accommodate the proposed amendments to the Victoria Gardens Master Plan. Ordinance No. 813 Page 2 of 6 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 forthe 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 09-11, 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 Ordinance, 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. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council ofthe 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 Ordinance are true and correct. Ordinance No. 813 Page 3 of 6 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 notice, in the time and manner prescribed by Environmental Quality Act ("CEQA"). processed, including, but not limited to, public State and local law, including the California b. The application is consistent with the direction, goals, and policies of the adopted General Plan and subject to the approval of the related applications (General Plan Amendment DRC2008-00383; Victoria Arbors Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145, and Development Agreement Amendment DRC2008- 00385), the application does not conflict with the policies and provisions of the General Plan or any specific plan applicable to the subject property. 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 Victoria Community Plan Amendment DRC2008-00383 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 Ordinance and shall cause the same to be published within 15 days after its passage. Please see fhe /o/lowing page /or /olmal atlopfion, certilicafion antl signatures Ordinance No. 813 Page 4 of 6 PASSED, APPROVED, AND ADOPTED this 20~" day of May 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: J ~ t ,,,'~ 1J Janic . C. Reynol , Cit Jerk I, JANICE C. REYNOLDS, 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 6t" day of May 2009, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20`"day of May 2009. Executed this 2151 day of May 2009, at Rancho Cucamonga, California. i ,~(~ Janl~e C. Reynolds, City Jerk Ordinance No. 813 Page 5 of 6 Exhibit A Text Amendments to the Victoria Community Plan The first sentence of the third paragraph of the Part 1, Section III is amended to read as follows: "As the spine or boulevard enters the mixed use, downtown area or offices, restaurants, residential, and civic uses, it becomes the Town Green." The first sentence of the first paragraph under the heading "Regional Downtown" in Part 1, Section III is amended to read as follows: "The focus of urban activity within the Victoria Community is the regional mixed-use center within Victoria Arbors -amain street shopping area with civic, commercial, and residential uses." The first sentence of the second paragraph under the heading "Regional Downtown" in Part 1, Section III is amended to read as follows: "The Regional Center will include related mixed uses of commercial business, offices, a City cultural center, and residential uses of varying densities." The first paragraph underthesub-heading "Residential Land Use in Victoria Arbor" in Part 1, Section IV is amended to read as follows: "There will be a mix of housing types provided in Victoria. This single-family housing is oriented around the school and park sites and is consistent with the family nature of the village and adjacent residential areas to the west, north, and east. Multi-family housing will provide a transitional use between the single family residential and mixed commercial, civic, and residential uses. Multi-family residential will be provided east of Day Creek Boulevard, which will be fronted along the Boulevard by mixed- uses. This mix of housing types will provide more choices to future residents and is consistent with planned and adjacent uses. The following residential land use densities are planned: • L -low (2-4 dwelling units per acre) • LM -low-medium (4-8 dwelling units per acre) • M -medium (8-10 dwelling units per acre) • MH -medium high (14-24 dwelling units per acre) • H -high (24-30 dwelling units per acre) • VG-MS -Victoria Gardens Main Street (75-100 dwelling units per acre)" Ordinance No. 813 Page 6 of 6 The first sentence of the second paragraph underthesub-heading "Regional Center is Urban Focus for Victoria" in Part 1, Section IV is amended to read as follows: "The Regional Center will include civic, mixed use, and multi-family residential uses, which will serve to support the retail uses." ' Part 3, Section I is amended by the addition of a new subsection 7 under the heading of "Residential Development Standards" to read as follows: "7. Mixed Use (MU Land Use Plan Designation): Development within any Mixed Use area must be in conformance with an adopted Master Plan that established development standards specifically for the defined Mixed Use Area. The Village of Victoria Arbors shall be in conformance with the adopted provision of the Victoria Arbors Master Plan; as such plan is amended from time to time. Victoria Gardens, located within the Victoria Arbors Village, shall be in conformance with the adopted provisions of the Victoria Gardens Master Plan, as such plan is amended from time to time." Part 3, Section I is amended by the addition of a new subsection 5 under the heading of "Commercial Standards" to read as follows: "5. Mixed Use (MU Land Use Plan Designation): Development within the Mixed Use area of Victoria Gardens, located within the Victoria Arbors Village, shall be in conformance with the adopted provisions of.the Victoria Gardens Master Plan, as such plan is amended from time to time." Part Three, Section I is amended by the addition of a new subsection 3 under the heading of "Community Facilities" to read as follows: "3. Notwithstanding any other provision of this Subsection (Community Facilities), the uses permitted and uses conditionally permitted in the Victoria Gardens Master Plan shall be those specified in that Master Plan, as it is amended from time to time." Part 3, Section II is amended by the addition of the following paragraph after the end of the current text: "The approval process for projects within the Victoria Gardens Lifestyle Center shall be in conformance with the Victoria Gardens Master Plan, as such plan is amended from time to time." The Appendix is amended by the addition, in alphabetical order, of the following definition: "Mid Rise: (as it applies to development within the Victoria Gardens Lifestyle Center) defined as a building which is divided at regular intervals into occupiable levels not to exceed 160 feet in height. These buildings are typically taller than the maximum height which people are willing to walk up and therefore require mechanical vertical transportation. These types of buildings include building uses such as residential, hotels and offices."