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HomeMy WebLinkAbout909 - Ordinances - TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 ORDINANCE NO. 909 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 — A REQUEST TO MODIFY THE DEVELOPMENT STANDARDS WITHIN THE MEDIUM HIGH (MH) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214-UNIT MULTI-FAMILY DEVLEOPMENT ON 12.21 ACRES OF LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT(14-24 DWELLING UNITS PER ACRE)OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 1077-42-303 A. Recitals. 1. LVD Terra Vista, LLC filed an application for Terra Vista Community Plan Amendment No. DRC2016-00715, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Terra Vista Community Plan Amendment is referred to as "the application." 2. On the 10th day of May, 2017, 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 by recommending approval of the application to the City Council for final action by adoption of their Resolution No. 17-34. 3. On the 7th day of June, 2017, 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 Ordinance 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 substantial evidence presented to the City Council during the above-referenced public hearing on June 7, 2017, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to a property located at the southwest corner of Church Street and Terra Vista Parkway in the Medium High (MH) District of the Terra Vista Community Plan; and; b. There is existing attached and detached residential development to the north within the Medium (M) District; to the south is commercial development within the Neighborhood Commercial (NC) District: to the east is an office development within the Office Park(OPK) District; and to the west, across Haven Avenue, is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site; and CITY COUNCIL ORDINANCE NO. 909 TVCPA DRC2016-00715 — LVD TERRA VISTA, LLC June 7, 2017 Page 2 c. The project is for the development of a 214-unit, multi-family residential project (Design Review DRC2016-00713) on 12.1 acres on land; and d. The project includes a Terra Vista Community Plan Amendment(DRC2016-00715) to modify the development criteria for the Medium High (MH) District, a Minor Exception to reduce the required on-site parking (DRC2016-00716) and a Variance (DRC2017-00215) and Minor Exception (DRC2016-00159) for wall heights; and e. Terra Vista Community Plan Amendment DRC2016-00715 will amend the development criteria for the Medium High (MH) District, of the Terra Vista Community Plan to provide larger projects with greater flexibility in order to encourage unique layouts and a mix of housing types. 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 Terra Vista Community Plan Text 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. The proposed Amendment will modify the development criteria for new projects with greater than 200 units in the Medium High (MH) District of the Terra Vista Community Plan area. It will permit greater plan flexibility to allow for creative site planning and for a mix of housing types while staying true to the intent of the Medium High (MH) District, which is for the development of multi-family developments with a density range of 14 to 24 units per acre. b. This Terra Vista Community Plan Text Amendment does promote the goals and objectives of the Development Code. The Amendment will permit high quality development within the Medium High (MH) District,while providing larger projects with the flexibility necessary to provide for a wider mix of housing types and for unique site planning. c. This Terra Vista Community Plan Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The amendment will modify the development criteria of the Medium High (MH) District to allow building and wall setbacks, building separations and the size of private open space areas to be determined through the development review process. The development review process will ensure that the resulting projects will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. d. The proposed Terra Vista Community Plan text amendment is consistent with the objectives of the Development Code. The Amendment will allow greater plan flexibility when developing large multi-family developments in the Medium High (MH) District of the Terra Vista Plan area. e. The proposed Terra Vista Community Plan Text Amendment is in conformance with the General Plan. The Amendment will permit a wider variety of housing types to be constructed in the Medium High (MH) District,while maintaining the intent of the district which is for the development of Multi-family projects with a density of 14 to 24 dwelling units per acre. 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 CITY COUNCIL ORDINANCE NO. 909 TVCPA DRC2016-00715 — LVD TERRA VISTA, LLC June 7, 2017 Page 3 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 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 City Council 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 City Council further 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; and 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 the City Planner 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. SECTION 5: The Terra Vista Community Plan is hereby amended to read, in words and figures, as shown in Exhibit 1. 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. CITY COUNCIL ORDINANCE NO. 909 TVCPA DRC2016-00715 — LVD TERRA VISTA, LLC June 7, 2017 Page 4 PASSED, APPROVED, AND ADOPTED this 21st day of June 2017. L. Den s Michael, M. or ATTEST: J#ice C. Reynolds, Cititlerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) 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 City Council of the City of Rancho Cucamonga held on the 7th day of June 2017, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 21st day of June 2017. AYES: Alexander, Michael, Spagnolo, Williams NOES: None ABSENT: Kennedy ABSTAINED: None Executed this 22nd day of June 2017, at Rancho Cucamonga, California. ice C. Reynolds, CityClerk