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HomeMy WebLinkAbout960 - OrdinanceORDINANCE NO.960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2015-00750 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, DRC2015-00751, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga (the "City") prepared the Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) DRC2015-00751 as a specific plan (the "EHNCP Specific Plan") to regulate development in an area comprising approximately 4,393 acres extending roughly from Haven Avenue easterly to the City's boundarywith Fontana, and from the northerly City limits to the San Bernardino National Forest boundary that is largely in the City's Sphere of Influence (the "Project Area"). The Project Area is more particularly described in Section 2.2 of the EHNCP Specific Plan. 2. The City has caused to be prepared an amendment to the Etiwanda North Specific Plan, DRC2015-00750 (the "Etiwanda North Specific Plan Amendment"), attached hereto as Exhibit "A" and incorporated herein by this reference, in order to remove portions of the Project Area from the Etiwanda North Specific Plan as those properties will be governed by the EHNCP Specific Plan following final approval of the EHNCP Specific Plan and annexation. The Etiwanda North Specific Plan Amendment also involves conforming changes to text, graphics, and maps. 3. On July 24, 2019, the Planning Commission opened a duly noticed public hearing on the Etiwanda North Specific Plan Amendment and continued the hearing to August 28, 2019. 4. On August 28, 2019, the Planning Commission re -opened the duly noticed public hearing on the Etiwanda North Specific Plan Amendment, concluded the hearing on that date, and thereafter, among other actions adopted Resolution No. 19-53, recommending that the City Council approve the Etiwanda North Specific Plan Amendment. 5. On October 2, 2019, the City Council conducted a duly noticed public hearing on the Etiwanda North Specific Plan Amendment and concluded the hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Findings. 1. Recitals. 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. 2. CEQA. The EHNCP, the Etiwanda North Specific Plan Amendment, and their associated approvals (collectively, the "Project") have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Local CEQA Guidelines. The City prepared an Initial Study and, based on the information Ordinance No. 960 - Page 1 of 6 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH SP AMENDMENT DRC2015-00750 Page 2 contained in the Initial Study, concluded that there was substantial evidence that the Project might have a significant environmental impact on certain resources. Based upon the information contained in the Initial Study and other technical reports and evidence, the City prepared an EIR for the Project in order to analyze the Project's potential impacts on the environment. A Draft EIR was prepared and circulated for public review and comment, and a Final FEIR was reviewed by the City Council. By separate Resolution No. 19-082, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; (iii) adopted a Statement of Overriding Considerations and (d) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 19-082 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 3. Based upon all available evidence presented to the City Council during the above - referenced public hearing on October 2, 2019, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. Much of the Project Area is currently within unincorporated San Bernardino County, with a small portion located within the City's limits. Specifically, 4,088 acres of the Project Area are located within the City's Sphere of Influence and 305 acres lie within the City. Approximately 3,494 acres of the Project Area, including portions within the City's Sphere of Influence, are governed by the Etiwanda North Specific Plan, adopted by the City in 1992. b. Development of the unincorporated portion of the Project Area in the City's sphere of influence is currently governed by the San Bernardino County General Plan and zoning regulations, with various portions of the Project Area designated as Resource Conservation, Single Residential, Rural Living, Special Development Residential, Open Space, Institutional, and Floodway under the County General Plan. The portion of the Project Area currently within the City is regulated by the City's General Plan, the Etiwanda North Specific Plan, or both. The unincorporated and incorporated portions of the Project Area that are currently subject to the Etiwanda North Specific Plan are hereinafter referred to as the "Affected Project Area." C. The majority of the unincorporated Project Area is currently pre -zoned under the Etiwanda North Specific Plan, which includes zoning designations for Utility Corridor, Flood Control/Riparian, Resource Conservation, Very Low Residential Estate, Very Low Residential, Low Residential, Hillside Residential Estate, Hillside Residential, Neighborhood Commercial, Fault Zone, and Open Space. The remainder of the unincorporated Project Area in the City's Sphere of Influence is not currently pre -zoned by the City. The Project Area located within the City's boundaries is zoned Flood Control north of Banyan Street and Residential -Medium south of Banyan Street. d. The EHNCP Specific Plan is comprised of two planning areas: (1) the Rural/Conservation Area generally located north of the Day Creek Diversion Levee to the San Bernardino National Forest boundary and east from Haven Avenue to the City limits; and (2) the Neighborhood Area located south of the Day Creek Diversion Levee to the 210 Freeway and east from the Day Creek Channel past Milliken Avenue. Each planning area is governed by a regulating Ordinance No. 960 - Page 2 of 6 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH SP AMENDMENT DRC2015-00750 Page 3 zone that carries specific regulatory requirements intended to implement the EHNCP Specific Plan's vision. e. The Rural/Conservation Area comprises approximately 3,603 acres within the Project Area and is subject to development standards and strategies intended to conserve and manage the areas as open space. The Rural/Conservation Area consists of a single regulating zone known as Rural, which is subdivided into the following sub -zones that correspond to existing General Plan open space land use designations: (1) Hillside; (2) Conservation; (3) Open Space; and (4) Flood Control. Up to 100 residential units could be developed within the Rural/Conservation area under the proposed development standards, with a Transfer of Development Rights (TDR) program that would allow property owners to transfer development rights for up to 300 residential units from the Rural/Conservation Area to the Neighborhood Area. The City Council agrees with the EHNCP Specific Plan's goal of preserving the foothills that comprise the Rural/Conservation Area as open space, along with the standards and strategies intended to achieve that goal. f. The Neighborhood Area comprises approximately 790 acres within the Project Area and is subject to development standards intended to promote appropriate and well - designed residential, limited commercial, and recreational development. The Neighborhood Area consists of the following regulating zones: (1) Neighborhood Estate; (2) Neighborhood General 1; Neighborhood General 2; (3) Shops and Restaurants; and (4) Central Greenway Overlay. The EHNCP Specific Plan permits up to 2,700 residential units in the Neighborhood Area, which may be expanded to 3,000 units depending on property owner participation in the TDR program. Among other amenities, the Neighborhood Area includes a trail network that builds upon the City's existing trail network as identified in the General Plan and Trail Implementation Plan. Development within the Neighborhood Area is intended to help generate funds to support open space conservation within the Rural/Conservation Area. g. The City Council has independently reviewed the General Plan Consistency Analysis attached as Exhibit Q to the City Council staff report and included as Table 4.10-2 in the EIR. Based on this comprehensive consistency analysis, the City Council finds that, along with the related documents and approvals associated with the EHNCP (General Plan Amendment DRC2015-00749, Zoning Map Amendment DRC2015-00752, Development Code Amendment DRC2019-00459, and Annexation DRC2015-00732), the Etiwanda North Specific Plan Amendment is consistent with the goals, policies and implementation programs of the General Plan and will not conflict with any other specific plan. This finding is more specifically supported by the following evidence: i. The Etiwanda North Specific Plan would permit a significant amount of residential development within the EHNCP Specific Plan's Rural/Conservation Area that is no longer consistent with the City's conservation goals, as outlined in the General Plan's Resource Conservation Element and including Goal RC-1 ("Encourage stewardship of natural open space areas, environmentally sensitive lands, and agricultural resources") and its associated policies. The Etiwanda North Specific Plan Amendment is intended to avoid such growth in the Rural/Conservation Area that is not consistent with the General Plan. ii. The Etiwanda North Specific Plan Amendment would make way for the implementation of the EHNCP Specific Plan. The EHNCP Specific Plan's Neighborhood Area is Ordinance No. 960 - Page 3 of 6 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH SP AMENDMENT DRC2015-00750 Page 4 well designed and planned and will help promote the Rural/Conservation Area as open space. This is consistent with General Plan Goal LU-9 ("Foster a cohesive, healthy community through appropriate patterns and scales of development, including complementary transitions between districts, neighborhoods, and land uses") and its associated policies. h. Upon approval of the EHNCP Specific Plan, the Project Area will be governed by that EHNCP Specific Plan's land use and development regulations. Therefore, the land use and development regulations within the North Etiwanda Specific Plan will no longer apply to the Project Area and, with respect to the Project Area, need not be comparable in breadth and depth to similar zoning regulations contained in the Development Code. i. Similarly, the administration and permit processes within the North Etiwanda Specific Plan need not be consistent with the administration and permit processes of the Development Code because the North Etiwanda Specific Plan Amendment will remove the Project Area from the North Etiwanda Specific Plan. j. Approval of the Etiwanda North Specific Plan Amendment would not be materially injurious or detrimental to adjacent properties. k. The findings set forth in this Ordinance reflect the independent judgment of the Specific Plan. C. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. Adoption of Specific Plan Amendment. On the basis of the foregoing and all of the evidence in the administrative record before it, the City Council hereby adopts Etiwanda North Specific Plan Amendment DRC2015-00750, attached hereto as Exhibit "A." 2. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. 3. Certification. The City Clerk shall certify to the adoption of this Ordinance. Ordinance No. 960 - Page 4 of 6 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH SP AMENDMENT DRC2015-00750 Page 5 PASSED, APPROVED, AND ADOPTED this 6th day of November, 2019. ATTEST: C. Reynolds, CI 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 2"d day of October 2019, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 61h day of November 2019. AYES: Hutchison, Kennedy, Michael, Scott and Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 7th day of November 2019, at Rancho Cucamonga, California. Ordinance No. 960 - Page 5 of 6 ORDINANCE NO. 960 EHNCP ETIWANDA NORTH SP AMENDMENT DRC2015-00750 Page 6 Exhibit A Etiwanda North Specific Plan Amendment DRC2015-00750 Ordinance No. 960 - Page 6 of 6 PAGE 1 ETIWANDA NORTH SPECIFIC PLAN ERRATA INSERT (after the adoption of the Etiwanda Heights Neighborhood & Conservation Plan) •'•.• ��P Y • i i M •• 1 M• • • 1 M • • • ,• I• • •'•J • 0M• (iii) The Plan arises approximately 6,850 acres located Avesyue (with.a portion north of Hi_ of the National Forest wi onal Forest), east of the extension of Mill , City limit of the City of F referenoed in the Lvid Use Map, 1 , lan. (iii)The Plan comprises approximately 2093.86 acres. A large portion of the Plan will be located north of Wilson Avenue (with a small rectangular portion in the east extending south below Wilson Avenue, north of Highland Avenue), east of Day Creek Channel, and west of San Sevaine Wash, all as referenced in the amended Project Site Map, Exhibit 2, of the Plan. PAGE 1-1 PART I COMMUNITY BACKGROUND 1.0 INTRODUCTION 1.1 PURPOSE The purpose of the Etiwanda North Specific Plan is to guide land use and community design within the north Etiwanda area. This will be accomplished by a comprehensive set of regulations, incentives and community design guidelines, along with related implementing actions designed to encourage optimum development. P ions of this area are in the City of R o Cucamonga an s Sphere -of - I in the County of San e ' o. The goals of the City General Plan and the County General Plan can best be met through the specific plan process. Also, the ideals of both public and private interests can be realized through the specific plan process which provides a link between the General Plan goals and specific implementation actions. It serves as a means of managing the use of land, establishing provisions for detailed community design concepts, and promotes a comprehensive approach to the implementation of these actions. PAGE 1-6 2.0 SETTING 2.1 LOCATION The Etiwanda North Specific Plan area is located at the northeasterly boundary of the City of Rancho Cucamonga and is roughly bounded by Milliken Avenue to the west; San Sevaine Creek on the east; on the south by Highland Avenue and Wilson Avenue (24th Street); and on the north by the San Bernardino National Forest. er to Exhibits 1, 2, , Regional Context, City ntext, and Pr . Site. Portions have recently bee nnex nto the City and portions are within the rporated area of the County which are w' n the Ci 's Sp the The ecific Plan are comprises approximatel 40 acres, of which appro ately 1,155 a are beyond the City's current Sph - of- uence. The Etiwanda North Specific Plan comprises approximately 2093.86 acres and will roughly be bounded by Day Creek Channel and EHNCP area to the west; San Sevaine Wash and EHNCP area to the east; Wilson Avenue and Highland Avenue to the south; and EHNCP area to the north. Refer to Exhibit 1 and amended Exhibit 2 for Regional Context and Project Site. PAGE 1-9 = Approximate Area of the Etiwanda North Specific Plan after the adoption of the EHNCP R PROJECT SITE Z 0 1 2 3 MILES Etiwanda North Specific Plan I-9 City of AMENDED EXHIBIT 2 PAGE II-18 TABLE 1 - ETIWANDA NORTH SPECIFIC PLAN LAND USE STATISTICAL SUMMARY, BEFORE THE ADOPTION OF EHNCP PAGE II-19 TABLE 2 - ETIWANDA NORTH SPECIFIC PLAN LAND USE STATISTICAL SUMMARY BY NEIGHBORHOOD, BEFORE THE ADOPTION OF EHNCP