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HomeMy WebLinkAbout03-133 - Resolutions RESOLUTION NO. 03-133 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT GPA2002-00002,TO CHANGE DAY CREEK BOULEVARD FROM A SECONDARY ARTERIAL TO A COLLECTOR ANDA MODIFIED COLLECTOR BETWEEN FOOTHILL BOULEVARD AND ROCHESTER AVENUE ON THE GENERAL PLAN CIRCULATION PLAN, EXHIBIT III-4, TABLE 111-11, AND THE CLASSIFICATIONS OF GENERAL PLAN ROADWAYS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-021-62, 63, AND 64. A. Recitals. 1. O&S Holdings, LLC, filed an application for General Plan Amendment GPA2002-00002, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." Subsequent to filing, O & S Holdings, LLC assigned its interest in the application to Foothill Crossing, LLC. 2. On August 27, and continued to September 10, and September 24, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. 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 Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 Commission during the above- referenced public hearing on August 27, September 10, and September 24, 2003, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the south side of Foothill Boulevard, approximately 530 feet west of the 1-15 Freeway on-ramp, with a street frontage of approximately 1,300 feet and a lot depth of 1,700 feet, which is presently unimproved; and b. The property to the north of the subject site, on the north side of Foothill Boulevard, is undeveloped and is zoned for commercial uses, the property to the south consists of the 1-15 Freeway, the property to the east is undeveloped and is planned for commercial uses, and the property to the west is an electrical and flood control utility corridor and is being used for plant nursery storage; and C. This amendment promotes the goals and objectives of the Transportation Section of the General Plan by continuing to designate Day Creek Boulevard as a collector road on the Circulation Plan; and PLANNING COMMISSION RESOLUTION NO. 03-133 GPA2002-00002 — FOOTHILL CROSSING, LLC September 24, 2003 Page 2 d. 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 Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed roadway classification 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; and b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties; and C. The proposed amendment is in conformance with the General Plan as Collector roads are identified and listed within the Transportation Section. 4. An Environmental Impact Report (EIR)was certified October 17, 2001, as the Final EIR for the 2001 City of Rancho Cucamonga General Plan. The Guidelines for the California Environmental Quality Act Section 15166 provide that when a Program EIR has been certified, subsequent activities in the program must be examined in light of the program EIR to determine whether an additional environmental document must be prepared. If the agency finds that no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the program EIR. Because the applicant has proposed modifications to the Master Plan Circulation System, an Addendum to the 2001 General Plan Final EIR was prepared, and all feasible mitigation measures developed in the Program EIR have been incorporated into the project design. An addendum to the 2001 General Plan Final EIR is appropriate documentation because some changes or additions are necessary to describe the modification to the Master Plan Circulation System, but none of the conditions described in California Environmental Quality Act Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. The Planning Commission has reviewed and considered the attached addendum based on the following findings: a. There have not been substantial changes in the project that require major revisions to the previous EIR because of new significant environmental effects or a substantial increase in severity of previously identified environmental effects; and b. There have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions to the previous EIR because of the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and C. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: 1) The project will have one or more significant effects not discussed in the previous EIR; 2)Significant effects previously examined will be substantially more severe than shown in the previous EIR; 3) Mitigation measures oraftematives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more effects of the project, but the project proponents decline to adopt the mitigation measure or PLANNING COMMISSION RESOLUTION NO. 03-133 GPA2002-00002 — FOOTHILL CROSSING, LLC September 24, 2003 Page 3 alternative; or 4) Mitigation measures or alternatives, which are considerably different from those analyzed in the final EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment GPA2002-00002, to change the General Plan Land Circulation Plan, Exhibit III-4 to designate Day Creek Boulevard as a Modified Collector with median for approximately 750 feet south of the Foothill Boulevard right-of-way, and a Collector for the remainder of the street to its intersection with Rochester Avenue, and add (in bold print) to General Plan Table III-11 as shown below: Exhibit III-4 (showing southeast portion of map only) Widened ntersecfionsshp Qi Freews"nterctwnge.shp O Proposed-we ay-Interchanpe.shp • FOOT1iILLBLVD. NGrede sspersfion.shp Railroad.shp ?Fwstlon dsf4.shp /\/COLLECTOR ARROW R7.�r•o..c�err 'MAJOR DIVIDED HIGHWAY n.�ew NMAJOR-PRTERLAL MAJOR-DIVIDED V MODIFIED COLLECTOR �\/MODIFIED MAJOR MODIFIED SECONDARY %�JSECONDARY Gp.shp y .Freewsylshp Circ study"a2shp Ctybnd shp /%/104 . . + /144 Table I/I-11 - showing portions to be added (bold) only CLASSIFICATIONS OF GENERAL PLAN ROADWAYS Boundaries I I Boundaries East/West St. West East North/South St. North South Collector Streets Day Creek Blvd. Rochester Ave. 3000' east/northeast Boundaries I I Boundaries East/West Street West I East North/South Street North South Modified Collector With Median Day Creek Blvd. Foothill Blvd. 750' south 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 03-133 GPA2002-00002 - FOOTHILL CROSSING, LLC September 24, 2003 Page 4 APPROVED AND ADOPTED THIS 24TH DAY OF SEPTEMBER 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 9L�BY: �- rry T el, Vice Chairman ATTEST: rad Bulle cretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of September 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS, STEWART 'r i r i ' r / • rr ir • r / /:/ 11 ' I ty r ; 1 1 • � ..g 4Xry�1� ii .� • Lt iv 54 fY 1 j�.ax P E v ( 1zC f Y t a�t Via• �+ , a G�Fr z .{z��nN 4n �y t J y�� tSv tY 1 f 4 P} CITY COUNCIL ORDINANCE NO. 03-" DCA DRC2003-00616—CITY OF RANCHO CUCAMONGA Page 3 SECTION 4: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,or preempted by legislative enactment,such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 5: 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 at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. CITY COUNCIL ORDINANCE NO. 03-" DCA DRC2003-00616—CITY OF RANCHO CUCAMONGA Page 2 the Master Plan Circulation system, an Addendum to the 2001 General Plan Final EIR was prepared, and all feasible mitigation measures developed in the Program EIR, have been incorporated into the project design. An addendum to the 2001 General Plan Final EIR is appropriate documentation because some changes or additions are necessaryto describe the modification to the Master Plan Circulation System, but none of the conditions described in California Environmental Quality Act Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. The City Council has reviewed and considered the attached addendum based on the following findings: a. There have not been substantial changes in the project that require major revisions to the previous EIR because of new significant environmental effects or a substantial increase in severity of previously identified environmental effects; and b. There have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions to the previous EIR because of the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and C. There is no new information of substantial importance,which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: 1) the project will have one or more significant effects not discussed in the previous EIR;2)significant effect previously examined will be substantially more severe that shown in the previous EIR; 3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more effects of the project but the project proponents decline to adopt the mitigation measure or alternative; or 4) mitigation measures or alternatives, which are considerably different from those analyzed in the final EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. SECTION 3: The following Development Code sections and figures shall be changed as follows: a. Figure 17.30.040-B—Streetscape Setback Schedule shall be amended to delete "Day Creek Boulevard"from the "MAJOR ARTERIAUSPECIAL BOULEVARD (100-'and 120-foot Right-of-Way)" listing and be added to the "LOCAL INDUSTRIAL (66-foot Right-of-Way)" listing. b. Figure 17.30.080-J shall be amended to represent (by street line illustration) the portion of Day Creek Boulevard between the boundary of Subarea 8 and Rochester Avenue as an "66-foot Right-of-Way." C. Section 17.30.0801.4— Subarea 8, Industrial Districts, of the Development Code hereby is amended to read, in words (strikeout words indicating deletion of text) and figures, as follows: "4. Access and Circulation: Subject to modification, especially at intersections. 120-foot Right-of-Way— Day Greek BewlevaFd aAd Milliken Avenue." ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00616, AMENDING SECTION 17.30 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, CHANGING THE CLASSIFICATION OF DAY CREEK BOULEVARD, EAST OF ROCHESTER AVENUE IN THE INDUSTRIAL DISTRICTS, TO A MODIFIED LOCAL COLLECTOR AS DEPICTED IN FIGURE 17.30.040-8 AND TEXT CHANGES TO SECTION 17.30.080.1.4.AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-021-20,34,47, 53,54,AND 55. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2003-00616, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Code Amendment is referred to as "the application." 2. On August 27,and continued to September 10,and September 24, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment, and following the conclusion thereof, adopted its Resolution No. 03-134, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 3. On August 27, and continued to September 10, and September 24, 2003,the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the associated General Plan Amendment GPA2002-00002,and following the conclusion thereof, adopted its Resolution No. 03-133 recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 4. On ,2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment to the Development Code. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City Council hereby determines that the subject amendment identified in this Ordinance has been reviewed pursuant to an addendum to the Rancho Cucamonga General Plan Environmental Impact Report and finds as follows: An Environmental Impact Report(EIR)was certified October 17,2001,as the Final EIR forthe 2001 City of Rancho Cucamonga General Plan. The Guidelines for the California Environmental Quality Act Section 15166 provides that when a Program EIR has been certified, subsequent activities in the program must be examined in light of the program EIR to determine whether an additional environmental document must be prepared. If the agency finds that no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the program EIR. Because the applicant has proposed modifications to EXHIBIT "A"