Loading...
HomeMy WebLinkAbout16-01 - Resolutions - Development Code Amend 9944 Highland, 112 Unit Residental Care RESOLUTION NO. 16-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2015-00555, A REQUEST TO AMEND THE DEVELOPMENT CODE TO CONDITIONALLY PERMIT RESIDENTIAL CARE FACILITIES IN THE LOW (L) AND LOW MEDIUM (LM) RESIDENTIAL DISTRICTS AND AMEND THE DEFINTION FOR RESIDENTIAL CARE FACILITIES IN SECTION 17.32.020 (A) (16) FOR THE PROPOSED DEVELOPMENT OF A 112-UNIT RESIDENTIAL CARE FACILITY ON 4.07 ACRES IN THE LOW (L) RESIDENTIAL DISTRICT, ON THE NORTH SIDE OF HIGHLAND AVENUE, BETWEEN ARCHIBALD AVENUE AND HERMOSA AVENUE, LOCATED AT 9944 HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0201-055-49. A. Recitals. 1. The applicant, SRM Development, filed an application for Development Code Amendment No. DRC2015-00555, 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 the 13th day of January 2016, 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 January 13, 2016, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City Council adopted a comprehensive update to the City's Development Code that implements the policies of the General Plan in July 2012. The new Development Code became effective on September 4, 2012; and b. The City prepared a set of amendments (the "Amendments"), which is included as Attachment A to this Resolution and is hereby incorporated by this reference as if set forth in full. 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. This amendment does not conflict with the Land Use Policies of the General Plan PLANNING COMMISSION RESOLUTION NO. 16-01 DCA DRC2015-00555 — SRM DEVELOPMENT January 13, 2016 Page 2 and will not provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code; and 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; and d. The subject application is consistent with the objectives the Development Code; and e. 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 the City Council adopt a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: . a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the 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, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration; and 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 recommends the City Council adopt the Mitigated Negative Declaration; and 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 the City Council adopt the Mitigation Monitoring Program for the project; and d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision 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. PLANNING COMMISSION RESOLUTION NO. 16-01 DCA DRC2015-00555 —SRM DEVELOPMENT January 13, 2016 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. DRC2015-00555 as shown in Attachment A and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Ravenel Wimberly, Chairman ATTEST: Candyce liumett, 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 13th day of January 2016, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER ABSTAIN: COMMISSIONERS: NONE Attachment A Text Amendments to the Development Code Article III —Zoning Districts, Allowed Uses, and Development Standards Table 17.30.030-1 of the Development Code is hereby deleted in its entirety and replaced with the following: Land Use/Zoning J J x x a U U U U 0 0 0KOM FOX District > -i m O C7 U m Uu_ M Residential Uses Adult Day Care P P P P P P P N N N N N N N N N N N N P N N Home Caretaker Housing C C C C C C C P P P N N N N C C C C P C P P Dwelling, Multi- N N P P P P P N N N N N N N N N N N N N N N Family Dwelling, Second P P P P P P N N N N N N N N N N N N P P N N Unit(') Dwelling, Single- P P P P N N N N N N N N N N N N N N P P N N Family Dwelling, Two-Family N N P P P P P N N N N N N N N N N I N I N N N N Emergency Shelter N N N N N N N N N P N N N N N C N I N N N N N Family Day Care Home, Large(") C C C C C C C N N N N N N N N N N N N C N N Family Day Care P P P P P P P N N N N N N N N N N N N P N N Home, Small Guest House P P P N N N N N N N N N N N N N N N N N N N Group Residential C C C C C C C C C C C N C N N N N N N C N N Home Occupation(Z) P P P P P I P P N N N N N N N N N I N N P P N N Live-Work Facility N N N N N I N P N N N N N N N N N N N N N N N Manufactured Home (3) P P P P N N N N N N N N N N N N N N N P N N Mobile Home Park(3) C C C C C I C N N N N N N N N N N N N N N N N Residential Care N C C C C C C N N N N N N N N N N N N N N N Facility — Residential Care Home P P P P P P N N N N N N N N N N N N N P N N Single Room Occupancy Facility N N N P P P P N N N N N N N N N N N N N N N Transitional Housing 1 P P P I P P PI P N N N N N N N N N N N N PI NJ N Agriculture and Animal-Related Uses Agricultural Uses N N N N N N N N N N N N N N N N N N P N P P Attachment A Land Use/Zoning _ _ a U V V U O y ? m v V District > M O Z a U U) U — O = O x u_ n Animal Keeping, P P P P P P P N N N N N N N N N N N N P N N Domestic Pets(4) Animal Keeping, C C C C C C C N N N N N N N N N N N N C N N Exotic Animals(4) Animal Keeping, P N N N N N N N N N N N N N N N N N N N N N Insects(4) Animal Keeping, P P N N N N N N N N N N N N N N N N N N N N Livestock Animals (4) Animal Keeping, P N N N N N N N N N N N N N N N N N N N N N Poultry(4) Equestrian Facility, C N N N N N N N N N N N N N N N N N C N C C Commercial Equestrian Facility, P N N N N N N N N N N N N N N N N N N N N N Hobby Recreation, Resource Preservation,Open Space, Education, and Public Assembly Uses Assembly Use C C C C C C C C C C C C C C C C N N N N N N Cemetery/ N N N N N N N N N N N N N N N N N N C N N N Mausoleum Community Center/Civic Use C C C C C C C C C C C C C N P P N N N C N N Community Garden C C C C C C N N N N N N N N N N N N P N P P Convention Center N N N N N N C C C C C C C C C C C C N N N N Golf Course/ N N N N N N N N N N N N N N N N N N C N C C Clubhouse Indoor Amusement/ Entertainment N N N N N N C N C C P P P N N N N N N N N N Facility Indoor Fitness and Sports Facility— N N N N N N C C C C C C C C C C N N N N N N Large Indoor Fitness and Sports Facility— N N N N N N P P P P P C P P C C N N N N N N Small Library and Museum C C C C C C P P P P I N P I N P C N I N N C C C C Outdoor Commercial N N N N N N C C C C N N C C C C N N N N N N Recreation Park and Public P P P P P P P N N N N N N N N N N N P P P P Plaza Public Safety Facility C C C C C C C C C C C C C C C C C C N C N N Resource-Related P P P P p P P N N N N N N N N N N N P P P P Recreation Land Use/Zoning J J xa U U U U O y = N U U District > J $ = 2 O Z (, U N a. U — U = O Z LL D School, Academic C C C C C C C C C C C C C C C C N N N C N N (Private) School, Academic P P P P P P P P P P P P P P P P N N N P N N (Public) School, College/ C C C C C C C C C C C C C C C C N N N C N N University(Private) School, College/ C C C C C C C C C C C C C C C C N N NC N N University(Public) Schools, Specialized Education and N N N N N N C C C C C C C C C C N N N N N N Training/Studio Theaters and Auditoriums N N N N N N C N N C N N P N N N N N N N N N Tutoring Center— N gN N C C C C C C C C N N N N N N N N Large Tutoring Center— Small N N P P P P P P P P N N N N N N INN Utility, Transportation, Public Facility, and Communication Uses Broadcasting and N N N N N N N P N P N N N P P P N N N N N N Recording Studios Park and Ride N N N N N N N C C C N N N N P P N N N N N N Facility Parking Facility N N N N N N P P N P C N C P C C C C N N C C Transit Facility N N N N N N N N N N N N N N C C C C N N N N Utility Facility and Infrastructure—Fixed N N N N N N N N N N N N N N C C C C C N C C Based Structures(5) Utility Facility and Infrastructure— P P P P P P P P P P P P P P P P P P P P P P Pipelines(5) Wind Energy System P N N N N N N N N N N N N N NN C C N N I N I N —Small(10) 11, Service, and Office Uses Adult Day Care N N N N N N C C C C N N N C C C N N N N N N Facility Adult-Oriented N N N N N N N N N N N N N N A A A A N N N N Business(8) Alcoholic Beverage Sales N N N N N N C N C C C C C C C C N N N N N N Ambulance Service N N N N N N N C C C N N N N N C P P N N N N Land Use/Zoning - 2 M _ _ M o. U U U U 0 y = y Ix U U District � J a, U � � � = O Z LL D Animal Sales and N N N N N N P N P P P P N N N N N N N N N N Grooming Art,Antique, N N N N N N P N P P P P P N N N N N N N N N Collectable Shop Artisan Shop C12) N N N N N N P N P P P P P N N N N N N N N N Bail Bonds N N N N N N N N N N N N N N N N N C N N N N Banks and Financial N N N N N N C C C P P P P P P P N N N N N N Services Bar/Nightclub N N N N N N C C N C C C C C N C N N N N N N Bed and Breakfast C C C N N N N N N N C C N N N N N N N N N N Inn Building Materials Store and Yard N N N N N N N N N N N N N N N C P P N N N N Business Support N N N N N N P P P P P P P P P P N N N N N N Services Call Center N N N N N N N N N N N N N N C C N N N N N N Card Room N N N N N N N N N N N N N N N N N N N N N N Check Cashing N N N N N N P N P P N N N N P N N N N N N N Business(7) Child Day Care N N N N N N C C C C C N C C C C N N N N N N Facility/Center Consignment Store N N N N N N C N C C N C N N N N N N N N N N Convenience Store N N N N N N P N P P N C N N C C N N N N N N Crematory Services N N N N N N N N N N N N N N N C N N N N N N m Drive-In and Drive- Through Sales and N N N N N N C C C C C N C C C C N N N N N N Service(8) Equipment Sales and N N N N N N N N N C N N N N N C P P N N N N Rental Feed and Tack Store N N N N N N N N P P N N N N N N N N N N N N Furniture, Furnishing, N N N N N N P N P P P P P N N N N N N N N N and Appliance Store Garden Center/Plant N N N N N N P N P P P N P N N P N P P N P P Nursery Grocery Store/ N N N N N N P N P P P N P N N N N N N N N N Supermarket Gun Sales N N N N N N N N N C N N N I N N N N N N N N N Hookah Shop N N N N N N C N N C N N N N N N N N N N N N Land Use/Zoning J x x o v v r3 v o a r) K v v District > -Ja M O z a U m x O — O � x O x LL O Home Improvement N N N N N N P N P P P N P N C P N N N N N N Supply Store Hotel and Motel N N N N N N P C N P N I N C C P I N I N N N N N N Internet Caf6 N N N N N N P P P P P P P P P N N N N N N N Kennel, Commercial N N N N N N N N N C C N C N C C N N N N N N Liquor Store N N N N N N C N C I C C C C N C C N N N N N N Maintenance and Repair, Small N N N N N N P N P P P N P P N P P C N N N N Equipment Massage N N N N N N P P P P P P P P P P N N N N N N Establishment Medical Marijuana N N N N N N N N N N N N N N N N N N N N N N Dispensary Medical Services, N C C C C C C P NP P N N P P P N N N N N N Extended Care Medical Services, N N N N N N P P PP P P P P P P N N N N N N General Medical Services, N N C C C C C C NC N N N N P P N N N N N N Hospitals Mobile Hot Food N N N N N N N N N N N N N N N N N N N N N N Truck Mortuary/Funeral N N N N N N N C C C N N N N N N N N N N N N Home Office, Business and N N N N N N P P P P P P P P P P N N N N N N Professional Office,Accessory N N N N N N P P P P P P P P P P N N N N N N Pawnshop to N N N N N N N N N C N N N N N N N N N N N N Personal Services N N N N N N P P P P P P P P P P N N N N N N Restaurant, No N N N N N N P P P P P P P P P P N N N N N N Liquor Service Restaurant, Beer and N N N N N N P P P P P P P P P P N N N N N N Wine Restaurant, Full N N N N N N C C C C C C C C C C N N N N N N Liquor Service Retail, Accessory N N N N N N P P P P P N P P C C N N N N N N Retail, General N N N N N N P N P P P P P N C C N N N N N N Retail,Warehouse N N N N N N P N N P P N P N P N N N N N N N Club Secondhand Dealer N N N N N N PINI P P N N N N N N N N N N N N Land Use/ZoningJ J x x a U U U U O p_ ? N U U District > -� 2 O z 0 U to w U — O 2 x O x u. n Shooting Range N N N N N N N N N N N N N N N C N N N N N N Smoke Shop(') N N N N N N N N N C C N C N N N N N N N N N Specialty Food Store N N N N N N P N P P P P P N N N N N N N N N (ia) Tattoo Shop)7) N N NNN N N N N N C N N N N N N N N N N N N Thrift Store(7) N N N N C N C C C N C N N N N N N N N N Veterinary Facility C N N N C N P P C C C N N P P P N N N N Automobile and Vehicle Uses Auto Vehicle N N N N N N N N N N N N N N N N N C N N N N Dismantling Auto and Vehicle N N N N N N N C NC N N P N C C N N N N N N Sales and Rental Auto and Vehicle N N N N N N N P P P P N P P P N N N N N N N Sales, Autobroker Auto and Vehicle N N N N N N N P P P P N P P P P N N N N N N Sales,Wholesale Auto and Vehicle N N N N N N N N N N N N N N N C P P N N N N Storage Auto Parts Sales N N N N N N N N P P N N P N N N N N N N N N Car Washing and N N N N N N N C C C C N C N N N N N N N N N Detailing Recreational Vehicle N N N N N N N N N N N N N N N C C C N N N N Storage Service Stations N N N N N N C C C P C N C C C I C N N N N N N Vehicle Services, N N N N N N N N N C N N N N N P P P N N N N Major Vehicle Services, N N N N N N N C C P N N C N P P N N N N N N Minor Industrial, Manufacturing, and Processing Uses Commercial (Secondary/Accessory) N N N N N N N N N N N N N N P P N N N N N N -Industrial Commercial (Re- N N N N N N N N N N N N N N C C N N N N N N purposing)-Industrial Fuel Storage and N N N N N N N N N N N N N N N C C C N N N Distribution Manufacturing, N N N N N N N NaNi N INN P N N N N N N CustomManufacturing, N N N N N N N N N N N P N N N N Heavy Land Use/Zoning J J x x x a. c) U v v O y = 1n a 0 t.) District > J O Z (� U U/ V O x O x LL D Manufacturing, Heavy-Minimum N N N N N N N N N N N N N N N N P P N N N N Impact Manufacturing, Light N N N N N N N N N N N N N N P P N N N N N N Manufacturing, N N N N N N N N N N N N N N P P P P N N N N Medium (a) Microbrewery N N N N N N N N N N N N N N P P N N N N N N Printing and N N N N N N N N N P N N N N P P N N N N N N Publishing Recycling Facility, N N N N N N N N P P N N N N N P P P N N N N Collection Recycling Facility, N N N N N N N N N N N N N N N C C C N N N N Processing Recycling Facility, Scrap and N N N N N N N N N N N N N N N N N C N N N N Dismantling Facility Research and N N N N N N N N N N N N N N P P N N N N N N Development Storage, Personal N N N N N N N N N N N N N N N C C C N N N N Storage Facility Storage Warehouse N N N I N I N N I N N N I C N N N N N C C C N N N N Storage Yard N N N N I N N N N N N N N N N N C P P N N N N Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N N C P P N N N N Heavy Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N P P P P N N N N Light Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N N P P P N N N N Medium M Table Notes: (1) See additional regulations for second dwelling units in Chapter 17.100. (2) See additional regulations for home occupations in Chapter 17.92. (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (6) See additional regulations for adult entertainment businesses in Chapter 17.86.Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. (1 f) Family Day Care Home—Large requires approval of a Large Family Day Care Permit,not a Conditional Use Permit. (12) "IMiolesale, Storage, and Distribution—Medium"is not permitted on any parcel that is located within, or partly within, 500 feet of the Foothill Boulevard right-of-way. (13) Permitted in Industrial Park and General Industrial zoning districts when proposed in conjunction with "Commercial(Re- purposing)—Industrial". Section 17.32.020 (A)(16) of the Development Code is hereby deleted in its entirety and replaced with the following: 16. Residential Care Facility. Consistent with the definitions of state law, a residential care facility provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the iuvenile court, and other facilities licensed by the State of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of Medical Services, Extended Care. When located in the Low (L) and Low-Medium (LM) Residential Districts, a Residential Care Facility shall maintain a minimum 3.0 acre project area.