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.
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~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."