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HomeMy WebLinkAbout11-19 - Resolutions RESOLUTION NO. 11-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF THE VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2011-00291, MODIFYING MASTER PLAN SECTION 4.3 TO REGULATE CERTIFIED FARMERS' MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for the Victoria Gardens MasterPlan Amendment No. DRC2011-00291, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On December 1, 2010, the City Council approved a request to initiate the Victoria Gardens Master Plan Amendment. 3. On April 27, 2011, 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. 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 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 27, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and C. This amendment does not conflict with the Land Use Policies of the General Plan and is in conformance with the General Plan; and d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and e. 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 3. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. The project qualifies under Section 15304(e) of the State CEQA Guidelines because the text PLANNING COMMISSION RESOLUTION NO. 11-19 DRC2011-00291 - CITY OF RANCHO CUCAMONGA April 27, 2011 Page 2 amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CECA Guidelines. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,this Commission hereby recommends approval of Development Code Amendment No. DRC2011-00291 through the adoption of the attached Draft City Council Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: /:-,77 Luis Munoz, Jr., Chairman ATTEST: N J es R. Troyer, AICP, Secrelary I, James R. Troyer,AICP, 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 27th day of April 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2011-00291 MODIFYING THE MASTER PLAN SECTION 4.3 REGARDING THE REQUIREMENTS FOR CERTIFIED FARMERS MARKETS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga filed an application for Victoria Gardens Master Plan Amendment DRC2011-00291 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Victoria Gardens Master Plan Amendment is referred to as "the application." 2. On December 1, 2010, the City Council approved a request to initiate a Master Plan Amendment. 3. On April 27, 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced amendment and, following the conclusion thereof, adopted its Resolution No. _, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 4. On , 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 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 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 , 2011, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City (hereinafter, the "subject property") and is comprised of approximately 174 acres of land, generally bounded by Church Street to the north, the 1-15 Freeway to the east, Foothill Boulevard to the south, Day Creek Boulevard to the west; and b. The proposed amendment will not have a significant impact on the environment. C. This amendment does not conflict with the Land Use Policies of the General Plan and is in conformance with the General Plan; and CITY COUNCIL ORDINANCE NO. DRC2011-00291 , 2011 Page 2 d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and e. 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 f. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of exemption. SECTION 3: Section 4.3 of the Victoria Gardens Master Plan is hereby amended to read, in words and figures, as shown in the attached Attachment "A." 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. DRC2011-00291 ' 2011 Page 2 Attachment A Section 4.3 of the Victoria Gardens Master Plan is hereby amended (bold text) to read as follows: 4.3 Permitted Land Uses Uses listed in the following table below shall be permitted or prohibited within each of the defined districts (set forth in diagram 4-1 of the Victoria Gardens Master Plan) as indicated in the columns. Those uses not specifically listed in the table below shall be subject to a comparable use determination according to the provisions of 17.02.040 of the Development Code. If the use is not found comparable, the use shall be prohibited. • Where indicated with the letter"P", the use shall be a permitted use. • Where indicated with the letters "PD", the use shall be a permitted with the approval of the Planning Director pursuant to the procedures and requirements of Sections 17.02.050, 17.04.070.C.12, 17.06.010(C)(2), and 17.06.020 of the Development Code. Any decision by the Planning Director to approve or deny such a use may be appealed in accordance with Section 17.02.080 of the Development Code • Where indicated with the letter "C", the use shall be a use permitted with approval of a conditional use permit in accordance with 17.04.030 of the Development Code. • Where indicated with an "N", the use shall be prohibited. Use Main Route Eastern Residential Street 66 Area Area Area Area D. Temporary Uses 1. Temporary uses as prescribed in Section 17.04.070 and subject to those provisions P P P N 2. Tempor office modules, ,s sect to provis' s in Seetian 17.10.030-F.3 C C N 3. Certified Farmers' Market P PD PD N