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HomeMy WebLinkAbout937 - Ordinance ORDINANCE NO. 937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ZONING MAP AMENDMENT NO. DRC2015-00684, A REQUEST TO AMEND THE ZONING MAP LAND USE DISTRICT FROM THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT TO THE GENERAL COMMERCIAL (GC) DISTRICT FOR A 1.22 ACRE SITE LOCATED AT THE NORTHEAST CORNER OF ARCHIBALD AVENUE AND ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0208-291-05 AND 0208-291-06 A. Recitals. 1. Archibald Oil filed an application for Zoning Map Amendment No. DRC2015-00684, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Zoning Map Amendment is referred to as "the application." 2. On June 13, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the application to the June 27, 2018 Planning Commission meeting. 3. On June 27, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the application to the July 11, 2018 Planning Commission meeting 4. On July 11, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2015-00684 and issued Resolution No. 18-37 recommending to the City Council that the associated General Plan Amendment No. DRC2015-00683 be approved. 5. On August 15, 2018, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 6. 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: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on August 15, 2018, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: Ordinance No. 937 - Page 1 of 6 a. The application applies to two parcels consisting of approximately 1.22 acres of land, basically a rectangular configuration, located at the northeast corner of Archibald Avenue and Arrow Route and the westerly parcel is presently improved with an inoperative service station and the easterly parcel is vacant. Said property is currently designated as Low Medium Residential; and b. The property to the north of the subject site is designated Low Medium Residential and is improved with the Mulberry Early Education Center. To the west is Archibald Avenue and beyond that the property is designated Office and is vacant. The property to the east is designated Low Medium Residential and contains a single-family house. To the south is Arrow Route and beyond that the property is designated General Commercial and is improved with a commercial center; and c. 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; and d. This amendment does promote the goals and objectives of the Land Use Element; and e. 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. 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. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area the project site is currently developed as a service station land use, although it has been inactive since 2002. The project site is suitable for a service station land use, provides appropriate site access, has all utility services available, and can be conditioned to meet all related performance criteria and development standards for a service station and carwash facility. The vacant easterly parcel provides sufficient area for the development of a commercial land use consistent with all applicable development standards; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; the project site has been previously disturbed (development of the service station use) and by the surrounding residential, commercial, industrial, and educational development, and the project has been designed to appropriately address all applicable development standards; and c. That the proposed amendment is in conformance with the General Plan as the proposed General Plan Amendment is consistent with General Plan policies LU-1.2 and LU-2.4. Policy LU-1.2 states "Designate appropriate land uses to serve the local needs and be able to respond to regional market needs, as appropriate." The reestablishment of the existing service station and development of the carwash land use will serve the local population's fuel and carwash needs, and will support the surrounding community's needs as both Archibald Avenue and Arrow Route are identified as Major Arterials (General Plan Figure CM-2) with a significant daily traffic volume. Policy LU-2.4 states "Promote complementary infill development, rehabilitation, and re- use that contribute positively to the surrounding residential neighborhood areas." The Ordinance No. 937 - Page 2 of 6 rehabilitation and reuse of this service station facility and the eventual inf ill development of the vacant easterly parcel will contribute positively to the surrounding residential area by permitting significant site plan and aesthetic improvements to an underutilized project site; and d. This amendment is consistent with the adopted general plan, including the housing element. The amendment will not affect the housing elements overarching goal to provide opportunities and incentives for the provision of a variety of housing types and for all economic segments wishing to reside in the community regardless of race, religion, sex, or income group. This amendment maintains the housing element goal of providing adequate housing sites to allow and create new opportunities that enable a broad range of housing types; and e. The remaining sites identified in the housing element are adequate to meet the requirements of California Government Code Section 65583.2 and to accommodate the City's share of the regional housing need pursuant to Section 65584. The City's regional housing need includes a requirement for 209 Very Low-Income housing units, 141 Low-Income housing units, 158 Moderate-Income housing units, and 340 Above Moderate-Income housing units for a total of 848 housing units. Pursuant to the housing element, the City has a capacity of 1,054 Very Low-Income and Low-Income housing units, and 4,812 Moderate-Income and Above Moderate- Income housing units; and f. With the adoption of this General Plan Amendment and Zoning Map Amendment, the City's housing capacity will be reduced by 3 Moderate-Income and Above Moderate-Income housing units. Accordingly, the remaining capacity of sites identified in the housing element at each income level will be as follows: 1,025 Very Low-Income and Low-Income housing units, and 3,529 Moderate-Income and Above Moderate-Income housing units. The City's remaining unmet housing need at each income level will be as follows: 191 Very Low- Income housing units, 130 Low-Income housing units, 127 Moderate-Income units, and 0 Above Moderate-Income housing units. 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 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 adopts the Mitigated Negative Declaration; Ordinance No. 937 - Page 3 of 6 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 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. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of Zoning Map Amendment No. DRC2015-00684, as depicted in Attachment A, attached hereto. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Ordinance, and (b) forthwith transmit a certified copy of this Ordinance, by certified mail, return-receipt requested, Archibald Oil, LLC, at the address identified in City records. Ordinance No. 937 - Page 4 of 6 PASSED, APPROVED, AND ADOPTED this 5th day of September, 2018. . en s ichael ayor ATTEST: /), • arrIAAXd nice C. Reynolds, City lerk 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 15th day of August 2018, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5th day of September 2018. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 6th day of September 2018, at Rancho Cucamonga, California. r4;111 ice C. Reynolds Cityleek Y Ordinance No. 937 - Page 5 of 6 9 10 9 05.ed - Le6 'ON eauEuP-10 simil' 5"um IMMO wilimlir p"Artz.11111111PA klii.!IIIIIIIIIPZ"-- . \I — , Iilk , It al MI all 111 . ,..., ,....,.., . - . IFS win iiiilani -..... , . a ..--,,, — ) ands<rlaiiiiiiii .....:,,,„ mitio _, mindlas 111111 -...--,.. 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