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HomeMy WebLinkAbout06-27 - Resolutions RESOLUTION NO. 06-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2005-01000, A REQUEST TO AMEND TABLE III-12 OF THE CIRCULATION ELEMENT IN ORDER TO ALLOW MEDIAN BREAKS LESS THAN 1/4 MILE SPACING ON MAJOR DIVIDED ARTERIALS SUBJECT TO A DETAILED TRAFFIC ANALYSIS AND SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ENGINEER; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Charles Joseph Associates filed an application for General Plan Amendment DRC2005-01000, as described in the title of this Resolution. Hereinafter in this Resolution, the subject amendment is referred to as "the application." 2. On the 12th day of April 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 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 Table III-12 of the Circulation Element of the General Plan; and b. This amendment does not conflict with the Transportation Policies of the General Plan and will promote the goal and objectives of the Transportation Element by improving the existing Level of Service at intersections on Major Divided Arterials where a detailed traffic analysis demonstrates that a median break less than the 1/4 mile spacing is warranted on a Major Divided Arterial; and C. This amendment does promote the goals and objectives of the Transportation Element by permitting median breaks on Major Divided Arterials when a detailed traffic analysis demonstrates that a median break less than the 1/4 mile spacing would improve traffic flow and not hinder adequate two-way progression of traffic flows; and 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 PLANNING COMMISSION RESOLUTION NO. 06-27 DRC2005-01000—CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 2 surrounding properties; conversely, the amendment will provide opportunities for logical, controlled access points along Major Divided Arterials less than 1/4 mile spacing, subject to a detailed traffic analysis and approval by the City Engineer; and e. The proposed amendment will not have a significant impact on the environment. 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 circulation amendment does not conflict with the circulation element of the General Plan and will provide for the logical development and orderly traffic circulation of the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment, and the proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and C. 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 recommends that the City Council adopt a Mitigated Negative Declaration and Monitoring Program attached hereto, 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 PLANNING COMMISSION RESOLUTION NO. 06-27 DRC2005-01000 — CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 3 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 conclusion set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment DRC2005-01000, an amendment to Table III-12 of the Circulation Element to allow median breaks less than 1/4 mile spacing on Major Divided Arterials subject to a detailed traffic analysis and subject to the review and approval of the City Engineer and shown as Exhibit A of the Draft City Council Resolution of Approval for General Plan Amendment DRC2005-01000, and subject to 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 MMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam S wart, Chairman ATTEST: Dan Coleman, Acting 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: PLANNING COMMISSION RESOLUTION NO. 06-27 DRC2005-01000 — CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 4 AYES: COMMISSIONERS: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2005-01000,A REQUEST TO AMEND TABLE III-12 OF THE CIRCULATION ELEMENT IN ORDER TO ALLOW MEDIAN BREAKS LESS THAN 1/4 MILE SPACING ON MAJOR DIVIDED ARTERIALS SUBJECT TO A DETAILED TRAFFIC ANALYSIS AND SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ENGINEER; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Charles Joseph Associates filed an application for General Plan Amendment DRC2005-01000, as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On the 12th day of April 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval by adoption of Planning Commission Resolution No. 06-27. 3. On May 17, 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced public hearing on May 17,2006, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to Table III-12 of the Circulation Element of the General Plan; and b. This amendment does not conflict with the Transportation Policies of the General Plan and will promote the goal and objectives of the Transportation Element by improving the existing Level of Service at intersections on Major Divided Arterials where a detailed traffic analysis demonstrates that a median break less than the 1/4 mile spacing is warranted on a Major Divided Arterial; and C. This amendment does promote the goals and objectives of the Transportation Element by permitting median breaks on Major Divided Arterials when a detailed traffic analysis demonstrates that a median break less than the 1/4 mile spacing would improve traffic flow and not hinder adequate two-way progression of traffic flows; and CITY COUNCIL RESOLUTION NO. DRC2005-01001 —CHARLES JOSEPH ASSOCIATES May 17, 2006 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;conversely,the amendment will provide opportunities for logical,controlled access points along Major Divided Arterials less than 1/4 mile spacing, subject to a detailed traffic analysis and approval by the City Engineer; and e. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a The proposed circulation amendment does not conflict with the circulation element of the General Plan and will provide for the logical development and orderly traffic circulation of the surrounding area; and b. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and C. 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 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 thereunder; 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 public CITY COUNCIL RESOLUTION NO. DRC2005-01001 —CHARLES JOSEPH ASSOCIATES May 17, 2006 Page 3 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. 5. Based upon the findings and conclusion set forth in paragraphs 1,2,3,and 4 above,this City Council approves General Plan Amendment DRC2005-01000,an amendment to Table III-12 of the Circulation Element to allow median breaks less than 1/4 mile spacing on Major Divided Arterials subject to a detailed traffic analysis and subject to the review and approval of the City Engineer as identified in this Resolution and shown on Exhibit A and including 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 City Clerk shall certify to the adoption of this Resolution. s TABLE III-12 ROADWAY FUNCTIONAL DESIGN GUIDELINES #ot Lanes Median Access Restriction Intersection Spacing Curbside Parking Additional R/W or Easement Local Road 2 lane No median. Centedine Direct residential access is Intersection/access spacing Parking may be resMcted at striping typically not encouraged. approximately 200 feet. intersections to meet line-of- included. sight requirements. Collector 2 lane Undivided. Centerline Direct access from private Intersection/access spacing Parking may be prohibited to May be considered at selected intersections striping.Provide left turn residential properties should approximately 200 feet. provide a left turn lane at where heavy traffic requires a separate right pockets at intersections be avoided. intersections,or to meet lmeof- turn lane. with collector or higher sight requirements. level streets. Seconds Arterial 4 lanes Striped median where Direct access from private Intersection spacing Not permitted along segments Should be considered at selected feasibleresidential properties should approximately 330 feet. where a striped median is intersections where heavy traffic requires a be avoided. provided. separate right turn lane. Major Arterial 4 lanes Painted. Used for left tum Local residential streets should 118 mile for principal Not permitted. May be considered at intersections to movements. not take direct access from intersections. Left tum accommodate full-width right turn lanes or major arterials.No residential restrictions to be considered at dual-left turn lanes. driveways. minor unsignalized driveways if desired spacing not feasible. Major Divided Arterial 6 lanes Raised. Used for dual left Left tum access allowed at '/.mile as a minimum. Not permitted. May be considered at intersections to tum movements at key signalized intersections only. Alternate median breaks may be accommodate full-width right tum lanes or intersections. No residential driveways. considered subiect to a detailed dual left turn lanes. traffic analysis and subiect to the review and approval of the City Engineer. Wjor Divided Highway 8 lanes Raised. Used for dual left Left tum access allowed at '/.mile as a minimum. Not permitted [dial be considered at intersections to turn movements at key signalized intersections only. mmodate full-width right turn lanes or intersections. No residential driveways. left turn lanes. General Plan Amendment DRC2005-01000 Exhibit A Resolution +i City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: DRC2005-01000, DRC2005-01006, DRC2005-01002, DRC2005-01003, SUBTPM17594, DRC2005-00365, and DRC2005-01124. Public Review Period Closes: April 12, 2006 Project Name: Project Applicant: Charles Joseph Associates 1 Project Location (also see attached map): Located in the.Community Commercial District (Subarea 4)within the Foothill Boulevard Districts, at the northeast corner of Foothill Boulevard and Rochester Avenue - APN: 0227-152-18 and 31. Project Description: A request to amend the General Plan Circulation Element to allow a median break on Foothill Boulevard approximately 1,000 feet east of the intersection of Rochester Avenue and Foothill Boulevard for the purposes of permitting a signalized intersection that will be located less than the standard 1,320 feet intersection spacing requirement; a request to change the land use designation and development district designation from Office to Community Commercial; a request to amend the Community Commercial District land use regulations within Subarea 4 of the Foothill Boulevard Districts to add hotels, motels and major hotel facilities as a Conditionally Permitted Use and cocktail lounges within major hotel facilities as a Conditionally Permitted Use; and a request to subdivide 8.21 acres of land into 6 parcels for commercial purposes in the Office Professional District, and the development of a master plan, with a request to allow a maximum building height of 55 feet where a maximum building height of 45 feet is allowed, for an office and commercial center consisting of a 112 room hotel, two restaurant pad buildings totaling 10,893 square feet, a two-story office and retail building totaling 46,000 square feet, a bank and office building totaling 6,583 square feet and gas station with convenience store and food court totaling 8,189 square feet in the Community Commercial District (Subarea 4)within the Foothill Boulevard Districts, located at the northeast corner of Foothill Boulevard and Rochester Avenue. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. MITIGATED NEGATIVE DECLARATION DRC2005-01000, DRC2005-01006, DRC2005-01002, DRC2005-01003, SUBTPM17594, DRC2005-00365, AND DRC2005-01124 April 12, 2005 Page 2 If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477- 2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. April 12, 2006 Date of Determination dopte