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HomeMy WebLinkAbout914 - Ordinances - APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC 2016-00452 ORDINANCE NO. 914 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2016-00452, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN ZONING DESIGNATION FOR 28.4 ACRES OF LAND FROM REGIONALLY RELATED OFFICE/COMMERCIAL(RBOC)TO MIXED USE(MU) IN THE VICTORIA COMMUNITY PLAN (VCP) RELATED TO THE CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF 380 RESIDENTIAL UNITS , A 71 ROOM HOTEL AND TWO RESTAURANT BUILDINGS TOTALING 12,000 SQUARE FEET, LOCATED AT THE SOUTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1090-331-05. A. Recitals. 1. D. R. Horton filed an application for the approval of Victoria Community Plan Amendment DRC2016-00452 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 14th day of June 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the above referenced Victoria Community Plan Amendment DRC2016-00452 and, following the conclusion thereof, adopted its j Resolution No. 17-54, recommending that the Pity Council of the City of Rancho Cucamonga adopt said Victoria Community Plan Amendment. 3. On the 19th day of July 2017, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said 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 the substantial evidence presented to the City Council during the above-referenced public hearing on July 5, 2017, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to approximately 28.4 acres of land, basically a rectangular configuration, located at the southwest corner of Base Line Road and Day Creek Boulevard, and is presently vacant. Said property is currently designated as Regionally Related Office/Commercial; and Ordinance No. 914 - Page 1 of 5 CITY COUNCIL ORDINANCE NO. 914 VICTORIA COMMUNITY PLAN AMENDMENT DRC2016-00452 D.R. HORTON JULY 19, 2017 Page 2 b. The property to the north of the subject site is designated Village Commercial and is currently under construction as a neighborhood shopping center. The property to the west is designated Open Space and contains overhead electrical transmission lines and a flood control channel. The property to the east is designated Mixed Use/Village Commercial and Mixed Use Single-Family, and is developed with a neighborhood shopping center and single-family dwelling units. The property to the south is designated Mixed Use Single-Family and is developed with single-family dwelling units; and C. The amendment is consistent with the General Plan and will implement the goals of the General Plan as this location is designated Mixed Use in the General Plan. The amendment will change the zoning from Regionally Related Office/Commercial to Mixed Use and will bring the zoning of the Victoria Community Plan into vertical consistency with the General Plan and will facilitate the development of a mixed use project, thereby implementing General Plan Policy LU- 2.1 which plans for vibrant, pedestrian-friendly mixed use and high density residential areas at strategic infill locations along transit routes. Accordingly, this amendment is consistent 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; and d. This amendment will provide for a mixed use project that has been designed with input from the community and with a goal of protecting neighborhoods from the encroachment of incompatible activities by including the design of a linear park along the southern edge to function as a buffer to the existing neighborhood to the south, thereby implementing General Plan Land Use Policy LU-1.1 by minimizing negative impacts on the residential living environment. Accordingly, the amendment does promote the goals and objectives of the (Land Use Element; and e. The amendment will provide for a mixed use project that will have detached single-family condos and attached single-family rowhomes in a location that is compatible with the adjacent residential area. The mixed use project has the single-family detached condos located in the southern area of the project, nearest the existing single-family neighborhood in order to provide a transition of density and be of compatible scale, thereby being consistent with General Plan Land Use Policy LU-1.6 which encourages small lot detached dwelling units to locate in areas where it will be compatible with adjacent neighborhoods. Accordingly, this amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 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. The proposed Victoria Community Plan 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 amendment will provide for a mixed use project that will have detached single-family condos and attached single- family rowhomes in a location that is compatible with the adjacent residential area. The mixed use project has single-family detached condos located in the southern area of the project, nearest Ordinance No. 914 - Page 2 of 5 CITY COUNCIL ORDINANCE NO. 914 VICTORIA COMMUNITY PLAN AMENDMENT DRC2016-00452 D.R. HORTON JULY 19, 2017 Page 3 the existing single-family neighborhood in order to provide a transition of density and be of compatible scale, thereby being consistent with General Plan Land Use Policy LU-1.6 which encourages small lot detached dwelling units to locate in areas where it will be compatible with adjacent neighborhoods. Accordingly, this amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties; and b. The proposed Victoria Community Plan Amendment does promote the goals and objectives of the Victoria Community Plan 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 amendment will change the zoning from Regionally Related Office/Commercial to Mixed Use and will bring the zoning of the Victoria Community Plan into vertical consistency with the General Plan and will facilitate the development of a mixed use project, thereby implementing General Plan Policy LU-2.1 which plans for vibrant, pedestrian-friendly mixed use and high density residential areas at strategic infill locations along transit routes; and c. The proposed Victoria Community Plan Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. This amendment will provide for a mixed use project that has been designed with input from the community and with a goal of protecting neighborhoods from the encroachment of incompatible activities by including the design of linear park along the southern edge to function as a buffer to the existing neighborhood to the south, thereby implementing General Plan Land Use Policy LU- 1.1 by minjimizing negative impacts on the residential living environment. 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, 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 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. The City Council finds that the Mitigated Negative Ordinance No. 914 - Page 3 of 5 CITY COUNCIL ORDINANCE NO. 914 VICTORIA COMMUNITY PLAN AMENDMENT DRC2016-00452 D.R. HORTON JULY 19, 2017 Page 4 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 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 Victoria Community Plan is hereby amended to change the Victoria Community Plan Zoning Designation from Regionally Related Office Commercial (RROC) to Mixed Use (MU) for 28.4 acres of land located at the southwest corner of Day Creek Boulevard and Base Line Road, APN: 1090-391-05, 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 Rancho Cucamonga, California, and circulated in the City of Rancho Cucamonga, California. Ordinance No. 914 - Page 4 of 5 CITY COUNCIL ORDINANCE NO. 914 VICTORIA COMMUNITY PLAN AMENDMENT DRC2016-00452 D.R. HORTON JULY 19, 2017 Page 5 PASSED, APPROVED, AND ADOPTED this 2nd day of August 2017. L. Dennis Michael, May ATTEST: J e C. Reynolds, City Clerk 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 19th day of July 2017, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of August 2017. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 31day of August 2017, at Rancho Cucamonga, California. Pinance ice C. Reynolds, City Clerk 0914 - Page 5 of 5 BASE LINE ROAD r 0 II U Q I ASSESSOR'S PARCEL NUMBER: 9090-331-05 cj:--m� TOTAL ACREAGE: 00 28.44 ACRES co Y-- EXISTING ZONING: w REGIONALLY RELATED OFFICE/COMMERCIAL t i ' l J i Y o � l (NMADOLE 9,,2 PMSMFW AV-,St TE 230 PA.,4CHO CUCAMONGA,C0.9930 PFiCiv'E 909.E 6322 &Wine ng Cwffr=ltks for Lift FAX 9094AS-120 EXHIBIT 1 BASE LINE ROAD o 13 �i J V ASSESSOR'S PARCEL NUMBER; 1090-331-05 � 4 TOTAL ACREAGE; 28.44 ACRES '- 0 PROPOSED ZONING: m MIXED USE v a, c , I 1 MADOLE 5:02?lTTsc"ls;Flc;N A'.E,SUf i'c 200 • FWIK 4 OXAUCNGA CA 9730 F'f-OHE 909 48t.5322 &Wftwerrng Cammcmitks hu Me FAX W9 4816320