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Home My WebLink About15-19 - Resolutions RESOLUTION NO. 15-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY PLAN AMENDMENT DRC2014-00561, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN ZONING DESIGNATION FROM SCHOOL(S)TO LOW MEDIUM (LM) RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR A 6.5 ACRE SITE LOCATED ON THE NORTHWEST CORNER OF KENYON WAY AND LARK DRIVE IN THE VICTORIA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1089-011-04. A. Recitals. 1. Caldwell Land Solutions filed an application for the approval of Victoria Community Plan Amendment DRC2014-00561 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Victoria Community Plan Amendment request is referred to as "the application." 2. On the 11th day of March 2015, the Planning Commission of the City of Rancho Cucamonga conducted a 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 March 11,2015, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located on the northwest corner of Kenyon Way and Lark Drive in the School (S) Zoning District; and b. The project site is approximately 650 feet from east to west and 400 feet from north to south; and C. To the north, south and east is single-family development within the Low Medium (LM) Zoning District; to the west is a public park within the Park (P) Zoning District; and d. The General Plan land use designation is Park (P) and the Victoria Community Plan zoning designation is School (S). The City has no plans to develop the site as a park and the school district has determined that the site is not needed as a school site; and PLANNING COMMISSION RESOLUTION NO. 15-19 VICTORIA COMMUNITY PLAN AMENDMENT DRC2014-00561 CALDWELL LAND SERVICES MARCH 11, 2015 Page 2 e. The applicant is requesting to change the Victoria Community Plan zoning designation to Low Medium (LM) residential, in conformancewith the existing land use designations for the residential development to the north, south and east of the project site. 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 amendment does not conflict with the Land Use Policies of the General Plan and will provide for the development,within the district, in a manner consistent with the General Plan and with related development. As a Land Use Policy, the General Plan states that new development should be accommodated in a manner that integrates it into the physical structure of the City, is a logical extension of existing infrastructure improvements and there are adequate public services available to serve the development. The proposed zoning amendment will implement the Land Use Policies outlined above and will not be inconsistent with the density or quality of existing development within the Victoria Community Plan area and the City. b. The proposed amendment does promote the goals and objectives of the Development Code which in turn are consistent with and implement the goals and objectives of the General Plan. These goals include promoting the economical and efficient use of land, promoting design and construction techniques that are responsive to the environment, and promoting development compatible with the surrounding neighborhood. The proposed zoning amendment will result in development that is consistent with these goals and objectives and will be indistinguishable in overall quality and design from existing development in the surrounding area. C. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The proposed zoning amendment will not increase the density of development in the surrounding area and will thus not increase traffic in a manner that is beyond what the roads were designed to accommodate or overwhelm the existing public facilities in the surrounding area; and d. The proposed amendment is in conformance with the General Plan. The General Plan states that the Low Medium (LM) designation is characterized by detached and attached housing structures that contain either one or two individual dwelling units with a density range of 4 to 8 dwelling units per acre. The proposed zoning amendment will be fully compliant with the General Plan; and e. In conjunction with the approval of General Plan Amendment DRC2014-00560, the proposed amendment will be consistent with the objectives of the Development Code. The Development Code states that the Low Medium (LM) zoning district is intended as an area for low medium density single-family or multi-family use with site development regulations that assure development compatible with the nearby single-family neighborhoods. The project site is being subdivided for the development of single-family residences at a density of 4 to 8 dwelling units per acre and will become an integral part of the surrounding area. 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 of environmental impacts based upon the findings as follows: PLANNING COMMISSION RESOLUTION NO. 15-19 VICTORIA COMMUNITY PLAN AMENDMENT DRC2014-00561 CALDWELL LAND SERVICES MARCH 11, 2015 Page 3 a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration prior to approving the requested Victoria Community Plan Amendment. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore recommends that the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730,telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends that the City Council approve the Victoria Community Plan application as shown in Attachment"A" subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is to change the Victoria Community Plan zoning designation from School (S) to Low Medium (LM) residential as shown in Attachment "A" for 6.5 acres of land located northwest corner of Kenyon Way and Lark Drive from Park (P) to Low Medium (LM) Residential; APN: 1089-011-04. 2) Approval is contingent of City Council approval of General Plan Amendment DRC2014-00560. 3) Approval is to adopt the Mitigated Negative Declaration of environmental impacts for the project and the Mitigated Monitoring Program and all mitigations contained therein. PLANNING COMMISSION RESOLUTION NO. 15-19 VICTORIA COMMUNITY PLAN AMENDMENT DRC2014-00561 CALDWELL LAND SERVICES MARCH 11, 2015 Page 4 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 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 11TH DAY OF MARCH 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ravenel Wimberly, Chairman ATTEST: 0 \--A, 0� andyc urnett, Secretary I, Candyce Burnett, 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 11th day of March 2015, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE D \ r p� yl PALQMAR � � NI, UALO M y // C �q\/ �� i` SJ'� �LDE� Dec gp `` C A R Y N r W A 5~% SU, �AfT R � P,INNACLE PEAK yT.JEPEERsp --(tNTiFRPE. 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