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HomeMy WebLinkAbout815 - OrdinancesORDINANCE NO. 815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00146 MODIFYING THE TEXT OF THE MASTER PLAN TO MAKE IT CONSISTENT WITH THE AMENDMENTS TO THE VICTORIA GARDENS MASTER PLAN PROPOSED BY DRC2009-00145, 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 Arbors Master Plan Amendment DRC2009-00146 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% of the approved residential dwelling units and 57% (36% built and 16% approved but not built) 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, 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 forthe Main StreetArea, 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 Victoria Arbors Master Plan to accommodate the proposed amendments to the Victoria Gardens Master Plan. Ordinance No. 815 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 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 09-12, 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. 815 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 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 adapted General Plan and subject to the approval of the related applications (General Plan Amendment DRC2008-00383; Victoria Community Plan Amendment DRC2008-00383, 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 independentjudgment 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 Arbors Master Plan Amendment DRC2009-00146 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. P/ease see the /ollowing page /ar /ormal adoption, cert//ICa/lon antl signatures Ordinance No. 815 Page 4 of 6 PASSED, APPROVED, AND ADOPTED this 20`h day of May 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: ~i ~~-~~~, Jar ice C. Reyno ds, City 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 20th day of May 2009. Executed this 21st day of May 2009, at Rancho Cucamonga, California. n d~~~ , Q~~ ~A/ Janice C. Reynolds, City~lerk Ordinance No. 815 Page 5 of 6 Exhibit A Text Amendments to the Victoria Arbors Master Plan The first paragraph of Chapter 3, Section I.B (Mixed Use Multi-family Residential) is hereby amended to read as follows: "There are three density levels ofmulti-family residential proposed for Victoria Arbors: Medium High Density (MH), High Density (HD), and that density allowed by the Victoria Gardens Master Plan." Chapter 3, Section I.B (Mixed Use Multi-family Residential) is hereby amended by the addition thereto of a new subsection 3 to read as follows: "3. Victoria Gardens. The density of multi-family residential areas in Victoria Gardens, located within the Victoria Arbors Village of the Victoria Arbors Master Plan, shall be in conformance with the adopted provisions of the Victoria Gardens Master Plan as such plan is amended from time to time." The first paragraph of Chapter 3, Section I.C (Mixed Use Commercial) is hereby amended to read as follows: "Mixed use areas that are primarily commercial will fall into one of three categories: Regional Related Commercial -those parcels that are proximate to the Regional Commercial and provide services to a regional market; Village Center Commercial -those parcels thatwill primarily servethe surrounding community; and Victoria Gardens -those parcels located in the Victoria Gardens area of the Victoria Arbors Village." Chapter 3, Section I.C (Mixed Use Commercial) is hereby amended by the addition thereto of a new subsection 3 to read as follows: "3. Victoria Gardens 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." The first sentence of Chapter 3, Section I.D.a.(1) is hereby amended to read as follows: "The following uses shall be permitted within Residential and Commercial Land Use area in Victoria Arbors, except where such uses conflict with the Victoria Gardens Master Plan:" Chapter 3, Section I.D.b.(2) is hereby amended to read as follows: "The following uses shall be permitted subject to the Conditional Use Permit process within Residential or Commercial Land Use areas in Victoria Arbors, except where such uses conflict with the Victoria Gardens Master Plan." Chapter 3, Section I.D is hereby amended by the addition thereto of a subsection d to read as follows: "Victoria Gardens, located within the Victoria Arbors Village of the Victoria Arbors Master Plan, shall be in conformance with the adopted provisions of the Victoria Gardens Master Plan as such plan is amended from time to time." Ordinance No. 815 Page 6 of 6 Section II.A is hereby amended to read as follows: "A. MIXED USE MULTI-FAMILY/RESIDENTIAL/COMMERCIAL These areas may be developed either as multi-family residential (Medium High densityresidential)orasRegionalRelatedCommercial. Development of the parcels will be subject to the requirements in the Master Plan for either Mixed Use Multi-Family or Mixed Use Commercial, Regional Related Commercial, depending on which is chosen. 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."