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Home My WebLink About890 - Ordinances - DEVELOPMENT CODE AMENDMENT DRC2014-01132 - NORTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVENUE ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT DRC2014-01132 TO AMEND DEVELOPMENT CODE SECTION 17.36.020 A AND B, FIGURE 17.36.020-1 AND TABLE 17.36.020-1, TO ADD THE PROPOSED SITE TO THE DEVELOPMENT STANDARDS FOR MIXED USE ZONING DISTRICTS ALONG WITH FIGURE 17.38.060-1 AND FIGURE 17.38.060-15 FOR CONSISTENCY WITH THE PROPOSED ZONING MAP AMENDMENT DRC2014- 01131 AMENDING THE ZONING DESIGNATION OF THE SITE FROM COMMUNITY COMMERCIAL (CC) TO MIXED USE (MU) FOR THE DEVELOPMENT OF A PROPOSED 190-UNIT, MULTI- FAMILY RESIDENTIAL DEVELOPMENT WITH 3,246 SQUARE FEET OF COMMERCIAL SPACE OR LIVE WORK UNITS FOR A SITE LOCATED ON 8.8 ACRES OF LAND WITHIN THE COMMUNITY COMMERCIAL (CC) ZONING DISTRICT AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVENUE; APN'S: 1100-201-03, 04 AND 07 A. Recitals. 1. Foothill & East, LLC, filed an application for the approval of Development Code Amendment DRC2014-01132, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Code Amendment request is referred to as "the application." 2. On the 11th day of May, 2016, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the above referenced Development Code Amendment DRC2014-01132 and, following the conclusion thereof, adopted its Resolution No. 16-24, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Amendment. 3. On June 15, 2016, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Development Code Amendment DRC2014-001132. 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: 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 the substantial evidence presented to the City Council during the above-referenced public hearing on June 15, 2016, 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; and b. On May 11, 2016, the Planning Commission recommended to the City Council adoption of the proposed Amendment to modify the facts, figures and tables in Development Code Section 17.36.020, to add the project site as Mixed Use area #14 to the current 13 Mixed Use areas and modify Figures 17.38.060-1 and 17.38.060-15, to change the project site from Community Commercial to Mixed Use (Subarea 4 Map); and c. The project site is made up of three (3) parcels totaling 8.8 gross acres of land located at the northwest corner of Foothill Boulevard and East Avenue; and d. The site is bounded by vacant land to the north in the Community Commercial (CC) zoning district; by a multi-family development to the south in the Medium (M) Development District; by a flood control facility and single-family residences in the City of Fontana to the east; and, by utility easements to the west in the Open Space (OP) District; and e. The application is in conjunction with the subdivision of 8.8 acres of vacant land to create a one parcel condominium map for residential and commercial purposes (Related file: SUBTT19945) for the development of a 190-unit, multi-family residential development with the 3,246 square feet of commercial space or live/work units (related file: DRC2014-01130). SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. 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. The Amendment is related to Zoning Map Amendment DRC2014-01131, which changes the zoning designation of the project site from Community Commercial (CC) to Mixed Use (MU), in conformance with the Mixed Use (MU) General Plan land use designation. The Amendment updates facts, figures and tables in the Development Code to reflect the new Zoning Map designation and eliminates any conflicts or inconsistencies between the General Plan and the Development Code; and b. This Amendment does promote the goals and objectives of the Development Code. The purpose and intent of the Development Code is to implement the goals and objectives of the General Plan and to guide and manage the future growth of the City. The General Plan land use designation of the project site is Mixed Use (MU). The related Zoning Map Amendment (DRC2014-01131) changes the zoning designation of the project site from Community Commercial (CC) to Mixed Use, in conformance with the Mixed Use (MU) General Plan land use designation. The Amendment updates the fact, figures and tables in the development code to reflect the related Zoning Map Amendment, thus implementing the goals and objectives of the General Plan; 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. The project related to the Amendment was reviewed by the Design Review Committee and is of the same high quality design as the surrounding development and will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and Ordinance No. 890— Page 2 of 11 d. The subject application is consistent with the objectives of the Development Code. The Development Code is required to be consistent with the land use element of the General Plan. The Amendment modifies facts, figures and tables in the Development Code to reflect the related Zoning Map Amendment (DRC2014-01131), eliminating any conflicts or inconsistencies between the General Plan and the Development Code; and e. The proposed amendment is in conformance with the General Plan. The General Plan land use designation of the project site is Mixed Use (MU). The related Zoning Map Amendment (DRC2014-01131) amends the zoning designation of the project site from Community Commercial (CC) to Mixed Use (MU) to be in conformance with the General Plan land use designation. The Amendment updates the facts, figures and tables within the Development Code to bring the Development Code into conformance with the new General Plan land use designation and Zoning Map designation of the project site. SECTION 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 City Council 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 Mitigation 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. b. The City Council has reviewed the Mitigated Negative Declaration and the comments received from the California Department of Fish and Wildlife (CDFW) 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. During the Public Comment Period, staff received comments from the California Department of Fish and Wildlife (CDFW). To address CDFW comments, staff modified one of the existing mitigation measures in Initial Study Parts II and III, shortening the period of time prior to earth moving activity for performing a nesting bird survey. The modified mitigation measure was reviewed by the Planning Commission. The City Council finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. c. The City Council 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 City Council therefore adopts 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 City Council's decision is based. is the Planning Director of the City of Rancho Ordinance No. 890— Page 3 of 11 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. SECTION 5: The Development Code is hereby amended to modify the facts, figures and tables in Development Code Section 17.36.020, to add the project site as Mixed Use area #14 to the current 13 Mixed Use areas (See highlighted changes on Attachments A, B and D and an updated Figure 17.36.020-1 (Attachment C) showing the new Mixed Use (MU) zoning designation of the project site). The Amendment also includes modifying Figures 17.38.060-1 (Foothill Boulevard Subareas) and 17.38.060-15 (Subarea 4 Map) changing the zoning of the project site from Community Commercial (CC) to Mixed Use (MU) (Attachments E and F). SECTION 6: 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 7: 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. Ordinance No. 890 — Page 4 of 11 PASSED, APPROVED, AND ADOPTED this 3rd day of August 2016. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None di. � ". tennis Michael, Mayor ATTEST: ice C. Reynolds, Ci4zae2a-' 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 20th day of July 2016, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3'd day of August 2016. Executed this 4th day of August 2016, at Rancho Cucamonga, California. kcei/ni,A., l< /��i1LQth-, JC. Reynolds, City CI k Ordinance No. 890— Page 5 of 11 -Attachment A" Sect,on 17.36.020 A of the Development Code is hereby amended to read as foliow with changes highlighted A. Purpose and Applicability. The purpose of this Section is to establish min mum development standards that are unique to development projects within the City's Mixed Use Zoning District The General Plan establishes fourteen(14)mixed use sites throughout the city w:th the intent to create special urban places witn horizontal and/or vertical integration of uses. In the General Plan each mixed use site includes intent statements, land use ranges, and corresponding development assumptions. Development standards in this Section apply to all land designated on the ZorOng Map within a Mixed Use District and are in'ended to be consistent with and implement the Genera' Plan. See Figure 17.36.020-1 (Mixed Use Sites). Attachment A Ordinance No. 890— Page 6 of 11 i;. Attachment B' Table 17.36.020-1 of the Development Code is hereby amended to read as follows with change highlighted TABLE 17.36.020-1 DEVELOPMENT STANDARDS FOR MIXED USE SITES Land Use Mix >, Mixed Use Sites c d 1 To 73 ._ .a c E I -L.) 3 a' re U ti R — r Victoria Gardens/Victoria Araors 21-36% 20-41% 5-12% 4 14 f Town Center(Foothill Boulevard and Haven Avenue) 25-35% i 10 15% 30-50% 0-10% 14 du/ac Terra Vista12-15.a o � 85-87% 30 du/ac Foothill Bojlevard between Hermosa `( Avenue and Center Avenue 10_62% 0 100/0 20 di./ac Foothill Boulevard between Archibald 15-30 Avenue and Heilman Avenue b7-70316 30-33% du/ac du/ac Foothill Boulevard at Helms Avenue and t 30-40% 60-70% Hampshire Street 30 du/ac Foothia Boulevard and Mayten Avenue ( 26-50% 40-60% 6-10% 4% ( 24-30 du/ac Industrial Area Speci`ic Pian 11-22% 15-25% 40-60% 7.5% 28 du/ac Foothill Bouleiard and Deer Creek 70 75°n 25-30% Channel 14 du/ac . Haven Avenue and Church Street Site 0-100% 'FO--100% 8-14 du/ac , Western Gateway(Bear Gulch Area) 30-50% 50-70% 14 du/ac Foothill Boulevard and Cucamonga °. 0-100 r� I 0-100% Channel Site T 8-14 t-100% du/ac Historic Alta Loma(Amethyst Site) 0-100% 14-24 -- du/ac NWC Foothl.I Boulevard and East Avenin 0-100%0-100% ! 0-100% 14-24 • 1 i 1 du/ac Table Notes. (r) This table cniy ap;/,es to existing Mixed Use sites Attachment B Ordinance No. 890- Page 7 of 11 Yf K1 _ x ( • i' c 3 > I F. 4 C 3 g .i ... t,_1 ! a: . a - lz . a "I .0 C '1 i2 -� V 7 _ j }, p D V 6 i y y f {1 1 l i a a E i y ° 4 i t C • J.; ( .f'-:tt ' 4:it. I'4. _SIS � 43` L-J lj4 .J t LI = R i 'r. 3 tvit' i G _ • ..1 t j f°) # �. . S V r t E i.3 u n p y n I SYt 'a 'r 't. 5 C L� „ 1 € a J t 3 E ? IL/ 1 1 :.• » •.� :I i a o m • 4 u f aV! 3 la x y _ .91 111111111 s UU11.1111 i z a 4"" L 2 UU i O G a' 0 = n • E 1 v T, a' fl m „ c '"J } - 31...Y w i .ter ; i. $ 2 L' 4 i ti u 13 Q n r 4 'c i .22 5 "'ll'4 - C es a a- S r i e°J E � .l S F 1jLJI . 144 ... .... .. 111166.. ..... !'gfe4- , i..... , 1 7._,:-, -4, . . ___:__.„,.. _, __,„, ,,,,, ____________. ..... , i :r2 ig r } j7tlrJi••+ y,.lt i .. . ~.. .19 i . 1 iT ' I r J I • ik _ _ J ii x,_ 1 ATTACHMENT C Ordinance No. 890— Page 8 of 11 �Z Section 17 36 020 B of the Development Code is hereby amended to read as fo'lows with changes highlighted. B Mixed Use Sites. The fourteen (14) mixed use sites with Mixed Use Zoning District designations are listed below 1. Victoria GardensNictoria Arbors 2 Town Center(Foothil Boulevard and Haven Avenue) 3 Terra Vista 4 Foothill Boulevard between Hermosa Avenue and Center Avenue 5. Foothill Boulevard between Archibald Avenue and Hellman Avenue 6. Foothill Boulevard at Helms Avenue and Hampshire Street 7. Foothill Boulevard and Mayten Avenue 8. Industrial Area Specific Plan (Sub-Area 18) • 9. Foothill Boulevard and Deer Creek Channel 10. Haven Avenue and Church Street Site 11. Western Gateway(Bear Gulch Area) 12. Foothill Boulevard,and Cucamonga Channel Site 13. Historic Alta Loma'(Amethyst Site) 14. NWC FoothH Boulevard and East Avenue Attachment D Ordinance No. 890— Page 9 of 11 I I. '4 :i A - 2EE > raj! . . i 1 -_:- - r ' S ` L S S 0 2 ? x 1. g • _£ t a a 1 > IHHIIJWWI;tea IT N gr.. ' b, Q W _ V a ea.4 _, b 9 E ., 7- U J i KS r � � c U , L s < ` '2i -..c girt; * 4Stfilail a ? a 3 g E 2 - 8 r a i u , 2�f -- N N , Ii„'!..}, J I a- d s V 7 n 8 5 �i t a c z 5 _ 1' # 14:5_ s 3 a i N c. a i J II N 3 C o - a e 'r. 3 0 5 0 g > • = a i C�1 i • —i i C E ill a F c _ ',•'. 3 Q "J t 10 s. Z v _ w' r Y I CC 1111 f J ( Ll .. L1 m ./i .... I II_� - I 1 i \�.,.� t I 1 1 , _. liii P tit.t \ M • I Nsik\ —, - 1 ,\ itei IA i , , fiat m • ill! co I1.�' 1 • in! .1 _ma, J ATTACHMENT Eordinance No. 890- Page 10 of 11 ----1Z ... . . E ! a 2 ! ® � ` ® � � 11 ; iiizsi ,;,,. ,3.. 61 , i,_27 ; i :,,. $ r �� . _ _ ! E | § . R d 1 : ° - : jilt ) ) } k § k It k / 6 ! 7 i � | U 1/ I I N . ; cCI Sa / k , \ { { / \ ! %± : L „ ( ) £. u. / \ i I ƒ ~ ; 2 § ¥ ! \ E z 2 : / } ! ! i $ | $ ) } • u _, Z / / \ k } 7 , 3 3 o z �'� \ 01 1$111q1. hi ! = k > } . k i _ / - k ` \ & J E ), \ % ; a. { k / ; | § = 6 •; - 2 = § , ; ! ; r* ; ? i ci ; z a \ ; ; g ; z Z 5. } } 0 / C .3 } _1.4 ) | / 2 3 i § CT I ! ■ i ^ ei ' —I I U0 :_.GIi . \ 4 \ . } \ ii \` { Attachment F Ordinance No. 8 0— Page 11 of 11 i -----ZZ