HomeMy WebLinkAbout06-21 - Resolutions RESOLUTION NO. 06-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 REQUESTING
TO AMEND THE DEVELOPMENT DISTRICT MAP FLOOD CONTROL TO
MIXED USE FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH
SIDE OF CHURCH STREET BETWEEN HAVEN AVENUE AND CENTER
AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1077-401-35 AND 36.
A. Recitals.
1. Pitassi Architects, Inc. filed an application for Development District Amendment
DRC2005-00001, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development District Amendment is referred to as "the application."
2. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and issued Resolution No. 06-20
recommending to the City Council that the associated General Plan Amendment DRC2004-01197
be approved.
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 April 12, 2006, including written and oral staff reports,together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to approximately 14.77 acres of land, basically a
rectangular configuration located on the south side of Church Street, between Haven Avenue and
Center Avenue and is presently vacant, undeveloped, and was previously used as a Flood Control
Detention Basin. Said property is currently designated as Open Space-Flood Control/Utility
Corridor; and
b. The property to the north of the subject site is designated Low Density Residential
and is developed single-family residential; the property to the west is designated Low Density
Residential and is developed single-family residential;the property to the east is designated Office
Space and is vacant; and the property to the south is designated Industrial Park and is Office and
Institutional (CVWD Equipment Maintenance Yard) Industrial Park.
C. This amendment does not conflict with the Land Use Policies of the General Plan
and will provide for development, within the district, in a manner consistent with the General Plan
and with related development; and
PLANNING COMMISSION RESOLUTION NO. 06-21
DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 -CITY OF RANCHO CUCAMONGA
April 12, 2006
Page 2
d. This amendment does promote the goals and objectives of the Land Use Element;
and
e. 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. That the subject property 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. That the proposed amendment would not have significant impacts on the
environment, nor the surrounding properties; and
C. That the proposed amendment is in conformance with the General Plan.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration,together with all written and oral reports included for the environmental assessment for
the application,the Planning Commission finds that there is no substantial evidence that the project
will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and
Monitoring Program attached hereto, and incorporated herein by this reference, based upon the
findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance with the
California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines
promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the Planning Commission; and, further, this
Commission has reviewed and considered the information contained in said Mitigated Negative
Declaration with regard to the application.
b. Although the Mitigated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects have been
reduced to an acceptable level by imposition of mitigation measures on the project which are listed
in the Mitigation Monitoring Program.
C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of
Regulations, the Planning Commission finds as follows: In considering the record as a whole, the
Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the
proposed project will have potential for an adverse impact upon wildlife resources or the habitat
upon which wildlife depends. Further, based upon the substantial evidence contained in the
Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the
Planning Commission during the public hearing, the Planning Commission hereby rebuts the
presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code
of Regulations.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby recommends approval of Development District Amendment
PLANNING COMMISSION RESOLUTION NO. 06-21
DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 -CITY OF RANCHO CUCAMONGA
April 12, 2006
Page 3
DRC2005-00001 in accordance with the attached Draft Ordinance and Exhibits A and B and in
accordance with the condition shown below:
Planning Department
1) The applicant shall agree to defend at his sole expense any action
brought against the City, its agents, officers, or employees,
because of the issuance of such approval, or in the alternative, to
relinquish such approval. The applicant shall reimburse the City, its
agents, officers, or employees, for any Court costs and attorney's
fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may,
at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant
of his obligations under this condition.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2006.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
— C ,
Pam S , hairman
ATTEST:
Dan Coleman, Act Secretary
I, Dan Coleman, Acting 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 12th day of April 2006, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS , MUNOZ, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: McPHAIL
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
DISTRICT AMENDMENT DRC2005-00001 TO AMEND THE
DEVELOPMENT DISTRICT MAP FROM FLOOD CONTROL TO
MIXED USE FOR 14.77 ACRES OF LAND, LOCATED ON THE
SOUTH SIDE OF CHURCH STREET BETWEEN HAVEN
AVENUE AND CENTER AVENUE; AND MAKING FINDINGS IN
SUPPORT THEREOF -APN: 1077-401-35 AND 36.
A. Recitals.
1. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Development
District Amendment DRC2005-00001 and, following the conclusion thereof, adopted its
Resolution No. 06-21, recommending that the City Council of the City of Rancho Cucamonga
adopt said Draft Ordinance
2. On May 17, 2006, the City Council of the City of Rancho Cucamonga conducted a
duly noticed public hearing on Development District Amendment DRC2005-00001.
3. 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 of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above-referenced public hearing on May 17, 2006, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The application applies to approximately 14.77 acres of land, basically a
rectangular configuration located on the south side of Church Street, between Haven Avenue
and Center Avenue and is presently vacant, undeveloped, and was previously used as a Flood
Control Detention Basin. Said property is currently designated as Open Space-Flood
Control/Utility Corridor; and
b. The property to the north of the subject site is designated Low Density
Residential and is developed single-family residential; the property to the west is designated
Low Density Residential and is developed single-family residential; the property to the east is
designated Office Space and is vacant; and the property to the south is designated Industrial
Park and is Office and Institutional (CVWD Equipment Maintenance Yard) Industrial Park.
C. This amendment does not conflict with the Land Use Policies of the General
Plan and will provide for development, within the district, in a manner consistent with the
General Plan and with related development; and
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT DISTRIC AMENDMENT - DRC2005-00001
May 17, 2006
Page 2
d. This amendment does promote the goals and objectives of the Land Use
Element; and
e. 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; and
SECTION 3: Based upon the facts and information contained in the proposed Mitigated
Negative Declaration, together with all written and oral reports included for the environmental
assessment for the application, the City Council finds that there is no substantial evidence that
the project will have a significant effect upon the environment and adopts a Mitigated Negative
Declaration and Monitoring Program attached hereto, and incorporated herein by this reference,
based upon the findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines
promulgated there under; that said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the City Council; and, further, this Council has
reviewed and considered the information contained in said Mitigated Negative Declaration with
regard to the application.
b. Although the Mitigated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects have been
reduced to an acceptable level by imposition of mitigation measures on the project which are
listed in the Mitigation Monitoring Program.
C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code
of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial
Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed
project will have potential for an adverse impact upon wildlife resources or the habitat upon
which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated
Negative Declaration, the staff reports and exhibits, and the information provided to the City
Council during the public hearing, the City Council hereby rebuts the presumption of adverse
effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations.
SECTION 4: The Development Districts Map is hereby amended to change from Flood
Control to mixed use for 14.77 acres of land, located on the south side of Church Street
between Haven Avenue and Center Avenue, in words and figures, as shown in the attached
Exhibit "A and B" and in accordance with the condition shown below:
Planning Department
1) The applicant shall agree to defend at his sole expense any
action brought against the City, its agents, officers, or
employees, because of the issuance of such approval, or in the
alternative, to relinquish such approval. The applicant shall
reimburse the City, its agents, officers, or employees, for any
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT DISTRIC AMENDMENT - DRC2005-00001
May 17, 2006
Page 2
Court costs and attorney's fees which the City, its agents,
officers, or employees may be required by a court to pay as a
result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such action
but such participation shall not relieve applicant . of his
obligations under this condition.
SECTION 5: 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 6: 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.
Haven and Church
DRC2005-000001 (DDA)
D
HTIm
1111 IT.
°° 00000000000
001 0000000000000000
v 0 °8880 888880 008° 088°00
0000°°°°°0000°°° °00000°°°
0000000000000000 000000000-
....
0000000°0000 0000000004
0000000000000000 000000000
0000000000000000 0000000000
•::: 0,00"o".000.03.00.000000000000 00
C.
000000000 00000000
-- 000000000000000 000000000
°O 00000000 000000000
00000000 0
0000000000000000 000000000
•. 000000000000000 0000000000
-. 00000000000000 0000000000
-. 0000000000000 00000000000
0000000000000 00000000000
L j 000000000000 000000000000
0000000000000
0 000000000000000 0•
D 00000000000000000000000000
0000 °°° °°°°
000°00000°o°oo°Oo°o°o°o°0000000000 00'
000000000000000000000000 00:
88888888888888880 888888 88:
m000000000000000000000000 000:
000000000000000000000000 000.
S Z
00 00000000 0000000000 000.
�'.'II.�F-JIn'`�{`�jI�n' 'fffI— °°°°°0000400**0004000004 °40.
L1�I�L.W 00000000000000000000000 000:
*00000000000000000000000 000.
C000000000000000000C 0040 000.
4°°°°°°°°4°°°°°°°40°40°° °°4.
s{( 044404444444444440000000 °00.
•:•itif< 004°°°040°000040000000000 °C*:
0000°00000444444444044000 0.
:�i�ie 0°°0000000000
)s f U33000 4******44
-- ( ) 4444444440004
.�` ..$) 0004°0000°°
jt 0000060000
00°°000°
000000
® PROPOSED MIXED USE (MU)
ZONING
L
LM
M 500 0 500 1000 Feet
CC
si GC
***** OPK
IP
FC
OS
EXHIBIT A ;
Rancho Cucamonga Development Code Section 17.08.030
Land Use Mix Percent Range Acreage Range
Medium-High Residential 0%- 100% 0—3.24 acres
Office 0% - 100% 0—3.24 acres
The land use categories within the Mixed Use area shall be of the character and intensity
as defined in Development Code Chapters 17.08 and 17.10. All uses that may be
authorized under the Office designation are subject to Conditional Use Permit approval.
The corresponding development standards, as listed in Chapters 17.08 and 17.10, for
each permitted land use shall be applicable within the Mixed Use District.
2. Foothill Boulevard and Haven Avenue Site: This 31.5 acre site is located on the
southwest corner of Foothill Boulevard and Haven Avenue. The following table specifies
the uses and range of development that may be permitted on the site:
Land Use Mix Percent Range Acreage Range
High Residential 40% -45% 12.6—14.2 acres
Office 55% -60% 17.3—18.9 acres
The land use categories within the Mixed Use area shall be of the character and intensity as
defined in Development code Chapters 17.08, 17.10, and 17.30. All uses and activities that
are permitted, or may be permitted with a Conditional Use Permit, under the High Residential,
Office/Professional, General Commercial, and Industrial Park designations are subject to the
same permitting processes and development standards as listed in Chapters 17.08, 17.10,
and 17.20, shall be applicable to any development within the Mixed Use District, or shall be
subject to a Master Plan of Development approved by the Planning Commission specifically
for this site.
3. Foothill Boulevard-Cucamonga Channel Site: This 7.24-acre site is located at the base
of "Red Hill" on the northwest corner of Foothill Boulevard and the Cucamonga Channel.
The following table specifies the uses and range of development that may be permitted
on the site.
Percent Acreage
Land Use Mix Range Range
Medium Residential 0% - 100% 0 - 7.24 acres
8-14 dwelling units per acre
Office 0% - 100% 0 - 7.24 acres
The land use categories proposed within the Mixed Use area shall be of the character
and intensity as defined in the Development Code Chapters 17.08, 17.10, and 17.32. All
uses that may be authorized under office designations are subject to a Conditional Use
Permit approval. The corresponding development standards, as listed in Chapters 17.08,
17.10, and 17.32 for each permitted land use shall be applicable to the development
within the Mixed Use District."
• This Mixed Use site may be considered with a base zoning of Medium-High
Residential (14-24 dwelling units per acre) if developed in conjunction with a Senior
Housing Overlay District (SHOD).
EXHIBITB 1708-10 2/04
Rancho Cucamonga Development Code Section 17.08.040
4. Haven, Church and Center Site: This 14.77-acre site is located on the south side of
Church Avenue, between Center and Haven Avenues. The following table
specifies the uses and range of development that may be permitted on the site.
Percent Acreage
Land Use Mix Range Range
Medium Residential 0% - 100% 0— 10.95 acres
8-14 dwelling units per acre '
Office 0% - 100% 0—3.36 acres
The land use categories proposed within the Mixed Use area shall be of the
character and intensity as defined in the Development Code Chapters 17.08, and
17.10. All uses that may be authorized under office designations are subject to
Development Code Chapter 17.10. The corresponding development standards, as
listed in Chapters 17.08, and 17.10, for each permitted land use shall be applicable
to the development within the Mixed Use District, or shall be subject to a Master
Plan of Development approved by the Planning Commission specifically for this
site.
This Mixed Use site may be considered with a base zoning of Medium Residential
(8-14 dwelling units per acre).
Section 17.08.040 - Site Development Criteria
The Site Development Criteria are intended to provide minimum standards for residential
development. These site development standards should be used in conjunction with the design
guidelines which are set forth in Section 17.08.090 of this chapter. This section shall not be
construed to supersede more restrictive site development standards contained in the Conditions,
Covenants and Restrictions of any property or dwelling unit. However, in no case shall private
deed restrictions permit a lesser standard in the case of a minimum standard of this section or
permit a greater standard in the case of a maximum standard of this section.
A. Development Standards. The development standards for residential development are
arranged into two categories: (1) basic development standards, and (2) optional
development standards. These standards are used in conjunction with the Absolute Policies
and Design Guidelines during the residential land development/design review process as
discussed in Chapter 17.06. Each residential development must conform to either the basic
standards or the optional standards.
1. Basic Development Standards. These standards are intended to provide basic
standards, which will ensure good quality and compatible projects. A residential
development over four units per acre is generally limited to the mid-point of the density
range for which it is designated. These standards, as well as the density limitation, are
intended to create a development, which will be compatible and provide for proper
transitions from more sensitive or less intense residential development.
2. Optional Development Standards. These standards are intended to provide high
standards for the development of projects of superior quality and compatibility. The
optional standards allow development at the higher end of the designated density
range. However, the standards and development expectations have been increased
above and beyond the basic standards in order to ensure proper transitions and buffers
from lower intense residential uses.
04/03
17.08-11