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HomeMy WebLinkAbout06-36 - Resolutions RESOLUTION NO. 06-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2004-00339 TO ALLOW THE DEVELOPMENT OF LAND THAT CONTAINS A 30 PERCENT SLOPE UNDER SPECIFIED CONDITIONS, INCLUDING LAND, WITHIN A MIXED USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD,BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC ROAD RIGHT-OF-WAY; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-101-13, 01 AND 34. A. Recitals. 1. Charles Joseph Associates filed an application for General Plan Amendment DRC2004-00339 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 April 12, 2006, 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 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 land having a 30 percent or greater slope that is located south of Banyan Street, including an approximately 21 acres of land, basically an irregular configuration, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Road Right-of-Way, and is presently vacant. Said property is currently designated as Mixed Use; and b. Properties to the north are developed with condominiums and single-family homes designated Medium Residential (8-14 dwelling units per acre) and Low Residential (2-4 dwelling units per acre), respectively. South of Foothill Boulevard is designated Mixed Used and is developed with office and commercial uses. East of the site is the abandoned Southern Pacific Rail Road (future Regional Trail and possible future rail)and is designated Open Space. To the west is the Sycamore Inn Restaurant and is designated Mixed Use. Other properties to the west are Mixed Use land use and Office/Commercial to the southwest. The Red Hill Golf course is located northwest of the project site adjacent to the Medium Density residential development; and PLANNING COMMISSION RESOLUTION NO. 06-36 DRC2004-00339 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 2 C. Hillside Development criteria of the General Plan and Development Code were not intended to apply as uniformly as with a residential designated parcel from a slope density calculation stand point. The intent of the Hillside density restrictions was to address natural slopes, particularly those located north of Banyan Street. In this case we have a 20 acre fractured site surrounded by developed land located south of Banyan Street. In fact,the site has been so altered (Foothill Boulevard., R.R. Line, a water reservoir, and a water tank with graded access roads), that the site is no longer in a natural condition. Few, if any other sites with 30 percent slopes exist south of Banyan Street and so this amendment will have limited application in the City. Therefore, 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 d. This amendment does promote the goals and objectives of the Land Use Element by allowing for the implementation of the Mixed Use designation in this area; and e. In as much as an Office Commercial use allowed underthe Mixed Use Designation would not be subject to the Hillside Density provisions of the General Plan and Development Code but would allow a non-residential project of the same or more intense building mass, 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 below as conditions of approval. PLANNING COMMISSION RESOLUTION NO. 06-36 DRC2004-00339 - CHARLES JOSEPH ASSOCIATES April 12, 2006 Page 3 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 General Plan Amendment DRC2004-00339, by amending the General Plan Text,as shown in the attached Exhibits A, C, and D, and in accordance with the conditions 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 C MI SION OF THE CITY OF RANCHO CUCAMONGA BY: Pam Chairm 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: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL TABLE 111-27 SLOPE DEVELOPMENT GUIDELINES Natural Guidelines Slope 5 or less This is not a hillside condition. Grading with conventional, fully padded lots and terracing is acceptable. 5 to 7.9 Development with grading is permitted in this zone, but existing landforms must retain their natural character. Padded building sites are permitted, however, techniques such as contour grading, combined slopes, limited cut and fill,and split level architecture, or padding for the structures only, may be required to reduce grading. When in conjunction with the techniques described above, and for a project within a master plan which includes special design features such as a golf course, extensive open space, or significant use of green belts or paseos, the Planning Commission may consider the use of mass grading techniques adjacent to thesespecial design features as partial compliance with this standard. 8 to 14.9 This is a hillside condition. Special hillside architectural and design techniques that minimize grading are required in this zone. Architectural prototypes are expected to conform to the natural landform by using techniques such as split level foundations of greater than 18 inches, stem walls, stacking and clustering. In conjunction with the alternative techniques described above, and for a project within a master plan which includes special design features such as a golf course, extensive open space or significant use of green belts or paseos, the Planning Commission may consider padded building sites adjacent to those special features when it is found that said grading creates a better relationship between that special design feature and the adjacent lots. 15 to 29.9 Development within this zone is limited to no more than the less visually prominent slopes, and then only where it can be shown that safety, environmental and aesthetic impacts can be minimized. Use of larger lots, variable setbacks and variable building structural techniques such as stepped, or pole foundations are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of traffic and roadways is to be minimized by following natural contours, or using rade separations. 30 and This is an excessive slope condition and development is prohibited, unless all the over following are satisfied: (i) the property is located south of Banyan Street; (ii) at least 75%of the lots or parcels that are the subject of the development application are surrounded by lots or parcels improved with structures; and (iii)the proposed project is determined to appropriately address slope stability and other geological factors of the site. EXHIBIT A 6.4.8.2 Hillside development should minimize alteration of the natural landforms and be clustered where feasible to retain maximum open space. Discussion: Our objectives for managing development in hillside areas are to maintain existing slopes, vegetation, wildlife corridors, drainage patterns, knolls, rock outcrops, and ridgelines wherever feasible. Furthermore, we should avoid development that would result in fire, flooding, landslide, erosion, and other safety hazards. We seek hillside development that limits the extent of grading alterations to natural landforms, and provides for innovate design and arrangement of building sites that retain significant natural habitats and features. Existing slopes,vegetation.wildlife corridors,drainage patterns, knolls, rock outcrops and ridgelines may be modified only if done in a manner consistent with the City's Hillside Development Ordinance. EXHIBIT C 2.1.2 Geologic Hazards The City of Rancho Cucamonga,at the foothills of the San Gabriel Mountains, is primarily underlain by five different types of geologic deposits: • metamorphic basement rock of the eastern San Gabriel Mountains, • older alluvium underlying the Red Hill area, • alluvial fan deposits ranging from Pleistocene to recent times, • alluvial deposits in modern washes, and • wind-blown sands underlying the south-central portion of the City. These different types of geologic deposits, in large measure, control the distribution of geologic hazards in the City. They are further detailed on Exhibit V-2, Geology of Rancho Cucamonga. An additional component of our geologic heritage is reflected in Exhibit V-3, Soil Types of Rancho Cucamonga. Examination of these two exhibits reveals the clear dominance of alluvial fans that extend out from the San Gabriel Mountains. The alluvial areas are dominated by various degrees of sandy loam, although a significant deposit of wind-blown sands has importance in the southerly portion of our City. As discussed further in the policy section, a key consideration in how geologic and soil conditions are managed under our policies is the slope condition combined with these natural attributes. We make a distinction between slopes with the following characteristics,which are illustrated in Exhibit V-4, Slopes of Rancho Cucamonga: Slopes less than 10% slope: No special treatment is required because of slope. Slopes between 10 and 30%: Special treatment under our hillside development standards is required. Slopes in excess of 30%: No development is permitted in these areas, unless all the following are satisfied: (i)the property is located south of Banyan Street; (ii)at least 75%of the lots or parcels that are the subject of the development application are surrounded bV lots or parcels improved with structures; and (iii) the proposed project is determined to appropriately address slope stability and other geological factors of the site. It is important to keep in mind, particularly in the hillside development areas, that geologic and soil conditions can cause properties of a similar steepness to be managed differently because of differences in their vulnerability to erosion,failure,or other complications resulting from grading and development activity. Our debris-flow hazard depends on numerous factors: soil depth and composition, the kind of vegetation and the size of tree roots, subtle variations in slope shape, road cuts, drainage pipes, incongruities in underlying bedrock, and even the presence of small animal burrows. In addition, water can collapse a slope after traveling beneath the surface from miles away. EXHIBIT D-1 2.3.2. Geological Hazards 2.32.1 We shall continue enforcement of our Hillside Development Guidelines to ensure prudent development and redevelopment for all property greater than 10% in slope, and continue to preserve as open space property greater than 30% in slope, except as otherwise provided below. Discussion: The most effective way we have to protect lives and property from debris flows and slope instability is to continue to prohibit development on property that exceeds about 30%in slope, in accordance with current ordinances, unless all the following are satisfied: (i) the property is located south of Banyan Street; (ii) at least 75% of the lots or parcels that are the subject of the development application are surrounded by lots or parcels improved with structures; and (iii) the proposed proiect is determined to appropriately address slope stability and other geological factors of the site.. Property having a natural slope between10% and 30% can be made unstable by activities of man. Therefore,we have adopted hillside development guidelines for those areas. Our hillside development guidelines enforce the existing grading standards and require aesthetic treatments that both improve the appearance of the hillsides and preserve the stability of the slopes. These measures include returning slopes to their natural appearance and steepness after grading. Environmental preservation of the eastern San Gabriel Mountains is also required to reduce debris flow potential. Development of the hillside terrain will only increase the potential for debris flows to damage the City unless the situation is carefully managed. EXHIBIT D-2 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.: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352,Tentative Tract SUBTT16605, Development Review DRC2003-00637,Variance DRC2005-01061, and Minor Development Review DRC2004-00826 Public Review Period Closes: April 12, 2006, Project Name: Project Applicant: Charles Joseph Associates Project Location (also see attached map): Located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Road Right-of-Way — APN: 0207-101-13, 31, and 37; and 8318 Foothill Boulevard —APN: 0207-101-24. Project Description: An application to amend the General Plan and Development Code to allow the development of land that contains a 30 percent slope within a mixed use area within Subarea 1 of the Foothill Districts; a residential subdivision of 8 lots for condominium purposes, and design review of building elevations and detailed site plan for 206 condominiums on 21 acres of land in the western Foothill Boulevard Mixed Use Corridor area within Subarea 1 of the Foothill Districts;and a request to reduce the parking lot setback from 45 feet minimum to 10 feet of an existing parking lot, and a request to construct a parking lot, loading area modifications, and covered patio area at the Historical Sycamore Inn Restaurant. 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. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Reportwill 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. J NOTICE The public is invited to comment on the proposed—Mitigated Negative Declaration during the review period. April 12, 2006 Date of Determination AcWpted By