HomeMy WebLinkAbout889 - Ordinances - DEVELOPMENT CODE AMENDMENT DRC2015-00115 - EMPIRE LAKES GOLF COURSE ORDINANCE NO. 889
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DEVELOPMENT CODE AMENDMENT DRC2015-00115, A
REQUEST TO AMEND THE DEVELOPMENT CODE OF THE
CITY OF RANCHO CUCAMONGA BY REVISING TEXT,
GRAPHICS, AND EXHIBITS WITHIN THE DEVELOPMENT
CODE THAT APPLIES TO PROPERTIES, INCLUDING THE
EMPIRE LAKES GOLF COURSE, AN EXISTING, PRIVATE
GOLF COURSE OF 160 ACRES, WITHIN THE RANCHO
CUCAMONGA INDUSTRIAL AREA SPECIFIC PLAN (IASP)
SUBAREA 18 SPECIFIC PLAN, A SPECIFIC PLAN THAT
APPLIES TO PROPERTIES LOCATED NORTH OF 4TH
STREET, SOUTH OF THE BNSF/METROLINK RAIL LINE,
WEST OF MILLIKEN AVENUE, AND EAST OF
UTICNCLEVELAND AVENUES, AND INSERT TEXT AND
GRAPHICS IN CONJUNCTION WITH A PROPOSED MIXED
USE, HIGH DENSITY RESIDENTIAUCOMMERCIAL
DEVELOPMENT THAT IS PROPOSED TO REPLACE THE
GOLF COURSE, AND MAKING FINDINGS IN SUPPORT
THEREOF. APNS: 0209-272-11, -15, -17, -20, -22
THROUGH -28, 0210-082-41, -49 THROUGH -52, 0210-082-
61, -64, -65, -67 THROUGH -69, -71 THROUGH -74, -78, -79, -
84, -88 THROUGH -90, 0210-581-01 THROUGH -06, 0210-
591-02 THROUGH -14, AND 0210-623-66.
A Recitals.
1. SC Rancho Development Corp., an entity of Lewis Operating Corp., filed an
application for Development Code Amendment DRC2015-00115 as described in the title of
thisResolution. Hereinafter in this Resolution, the subject Development Code Amendment is
referred toas "the application."
2. On April 13, 2016 and continued to April 27, 2016, the Planning Commission
conducted a duly noticed public hearing on the application and concluded said hearing on that
date by recommending approval of the application to the City Council by adoption of their
Resolution No. 16-20.
3. On May 18, 2016, the City Council conducted a duly noticed public hearing
on the application and concluded the hearing on that date.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Ordinance.
NOW,THEREFORE, it is hereby found, determined, and resolved by the City Council
of the City of Rancho Cucamonga as follows:
Ordinance No. 889 — Page 1 of 5
SECTION 1: The 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 the substantial evidence presented to this Council
during the above-referenced public hearing on May 18, 2016, including written and oral staff
reports, together with public testimony, this Council hereby specifically finds as follows:
a. The application applies to a property that is currently improved with the
Empire Lakes Golf Course, a privately owned and operated 18-hole golf course with an area
of 160 acres.
b. Development of the subject property is governed by the Rancho
Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Plan, the City's
Development Code,and the City's General Plan.
c. The Specific Plan, as it was originally approved in 1994, consists of
eleven
(11) "Planning Areas" which are identified with Roman numerals, i.e. Planning Area IA/18
through X. The golf course is within "Planning Area IA", "Planning Area 18", and (partly)
"Planning Area III" of the Specific Plan.
d. The overall area of the Specific Plan is 347 acres. The Specific Plan is
bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica
Avenue to the west, and 8th Street and the BNSF/Metrolink rail line to the north. The
golf course is generally located at the center, and covers about 46%, of the Specific Plan.
Both the Specific Plan and the golf course are bisected into north and south halves by 5th
Street.
e. To the east of the golf course are multi-family residences within four (4)
apartment complexes ("Village at the Green", "Reserve at Empire Lakes", "Ironwood at
EmpireLakes", and "AMLI at Empire Lakes"). Adjacent to the northeast corner of the golf
course areoffice buildings and the Rancho Cucamonga Metrolink station. To the west of the
part of the golfcourse located south of 5th Street is an office complex comprised of multiple
tenants includingSouthern California Edison (SCE) and Inland Empire Health Plan (IEHP). To
the west of the partof the golf course located north of 5th Street are logistics/manufacturi ng
buildings. To the northof the golf course, beyond the BNSF/Metrolink rail line, are additional
logistics/manufacturing buildings. To the south, on the opposite side of 4th Street, is vacant
land within the City of Ontario.
f. The zoning designations surrounding the Empire Lakes Specific Plan
are as follows: north- Minimum Impact/Heavy Industrial (MI/HI) District; south-Ontario Center
Specific Plan (2254-SP) (in the City of Ontario); east - General Industrial (GI) District and
Industrial Park(IP) District, and Industrial Park (IP) District, (Industrial Commercial Overlay
District(ICOD)); and west - General Industrial (GI) District and Industrial Park (IP) District.
g. Concurrent with this application, the applicant has also applied for
General Plan Amendment DRC2015-00114 and Specific Plan Amendment DRC2015-00040.
Thepurpose of these applications is to enable the applicant to 'redevelop' the golf course with
a newmixed use, transit-oriented, high density development project.
Ordinance No. 889 — Page 2 of 5
h. Development Code Amendment DRC2015-00115 amends the
Development Code to revise text and graphics that apply to the existing Specific Plan so that
they reflect theamended Specific Plan. In addition, a new land use table that will apply only to
Planning Area twill be incorporated as shown in Appendix E of Exhibit G in the Planning
Commission Staffreport dated April 13, 2016.
A Notice of Preparation (NOP) for the Environmental Impact Report was
prepared and circulated with the Initial Study on April 27, 2015 to the State Clearinghouse (SCH
No. 2015041083), and to public agencies that have discretionary approval power over the
project, i.e. "Responsible Agencies" and Native American Governments. Also, the NOP was
made available for review at the Archibald and Paul A. Biane Libraries, at City Hall, and on the
City's website. Per State law, the comment period ended 30 days after the date of circulation (in
this case, May 26, 2015). However, as the Public Scoping meeting was scheduled for June 10,
2015, comments, if any, in response to the NOP were accepted until that date. The Initial Study
was made available to the public during and after the comment period. The City received
several comment letters in response to the NOP.
j. The City conducted a noticed Public Scoping meeting during a Planning
Commission meeting on June 10, 2015. The notice for this scoping meeting appeared in the
Inland Valley Daily Bulletin newspaper and notices were mailed to the owners of all properties
located within 1,000 feet of the Empire Lakes Specific Plan planning area.
k. A Draft EIR was prepared and was distributed to all Responsible and
Trustee agencies, and individuals who had expressed interest in the project and/or had
previously requested copies. The Draft EIR was distributed for a 45-day public review period on
November 10, 2015, with the comment period expiring on December 24, 2015. During the 45-
day public review period, the Draft EIR and technical appendices were made available for
review at the Archibald Library, the Paul A. Biane Library, the Planning Information and
Services Counter at City Hall, and on the City's website. Comment letters were received from
the City of Ontario, San Bernardino County Department of Public Works, Metrolink, and
several members of the public during the public comment period that specifically discussed
the Draft EIR. Written responses to all significant environmental issues raised were prepared
and made available in the Final EIR.
A "Findings of Fact in Support of Determinations related to Significant
Environmental Impacts"has been prepared and are attached(asAttachment"A")of City Council
Resolution No. 16-057 which certifies the Environmental Impact Report, and adopts the Facts
and Findings Supporting the Statement of Overriding Considerations and the Mitigation
Monitoring Program.
m. Environmental impacts identified in the Final EIR that will be "less than
significant" without mitigation measure or project design features are described in Section A,
page 7 of Attachment "A".
n. Environmental impacts identified in the Final EIR that will be "less than
significant"after mitigation measures have been implemented aredescribed in Section B,page
15 of Attachment "A" found in City Council Resolution No. 16-057 which certifies the
Ordinance No. 889 — Page 3 of 5
Environmental Impact Report and adopts the Facts of Findings Supporting the Overriding
Considerations and the Mitigation Monitoring Program. In accordance with CEQA requirements,
a Mitigation Monitoring and Reporting Program (MMRP) has been prepared to assure
compliance with the adopted mitigation measures.
o. Environmental impacts identified in the Final EIR that will be "significant
and unavoidable" despite the implementation of all feasible mitigation measures are described
inSection C, page 25 of Attachment "A".
p. A proposed Statement of Overriding Considerations for the environmental
impacts that cannot be fully mitigated to a "less than significant level" is located in Section V,
page 40 of Attachment "A". The proposed Statement provides substantial evidence that the
environmental risks of the application have been balanced against its benefits.
q. Based on the totality of the administrative record, the City Council finds
that the Final EIR complies with the requirements of CEQA and hereby certifies the Final EIR
asbeing prepared in compliance with CEQA and that the City Council also adopts the Mitigation
Monitoring and Reporting Program (MMRP) Attachment B of City Council Resolution No. 16-057
which certifies the Environmental Impact Report, and adopts the Facts and Findings Supporting
the Statement of Overriding Considerations and the Mitigation Monitoring Program.
r. Approval of the application would not be materially injurious or detrimental
to the adjacent properties.
s. The findings set forth in this Resolution reflect the independent judgment
of the City Council.
SECTION 3: The aforementioned Environmental Impact Report(SCH No. 20150410083),
The Facts and Findings Supporting the Statement of Overriding Considerations, and the
MitigationMonitoring Program is scheduled to be certified by adoption of City Council Resolution
16-057.
SECTION 4: Based upon the foregoing and the totality of the administrative record before
it, the City Council hereby approves Development Code Amendment DRC2015-00115.
SECTION 5: 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 ofcompetent jurisdiction, or preempted by legislative enactment, such decision or
legislation shall notaffect the validity of the remaining portions of this Ordinance. The City Council
of the City of RanchoCucamonga 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 moresections, subsections, clauses, phrases, or words might subsequently be
declared invalid orunconstitutional or preempted by subsequent legislation.
SECTION 6: 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, andcirculated in the City of Rancho Cucamonga, California.
Ordinance No. 889— Page 4 of 5
PASSED, APPROVED, AND ADOPTED this 151 day of June 2016.
AYES: Kennedy, Michael, Spagnolo, Williams
NOES: Alexander
ABSENT: None
ABSTAINED: None
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L tennis Michael, M. or
ATTEST:
e C. Reynolds, City erk
ic k
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of
the Council of the City of Rancho Cucamonga held on the l81h day of
May 2016, and was passed at a Regular Meeting of the City Council of the City of Rancho
Cucamonga held on the 151 day of June 2016.
Executed this 2ntl day of June 2016, at Rancho Cucamonga, California.
11i/. . . - /L..e iii_I
/ice C. Reynolds, City 'clerk
Ordinance No. 889 — Page 5 of 5