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HomeMy WebLinkAbout959 - OrdinanceORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ZONING MAP AMENDMENT AND PREZONING DRC2015-00752 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, 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 "Specific Plan") to regulate development in an area comprising approximately 4,393 acres extending roughly from Haven Avenue easterly to the City's boundary with 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 Specific Plan. 2. The City has caused to be prepared Zoning Map Amendment DRC2015-00752 (the "Zoning Map Amendment") attached hereto as Exhibit "A" and incorporated herein by this reference, in order to pre -zone the portion of the Project Area within the City's Sphere of Influence, re -zone the portion of the Project Area within the City's boundaries, and ultimately incorporate the Specific Plan into the City's official Zoning Map. To accomplish this objective, the Zoning Map Amendment would zone the entire Project Area as SP-EHNCP, which would implement the Specific Plan's regulating zones across the Project Area. The entire Project Area is also zoned Equestrian/Rural Overlay District, which would continue to apply to the Project Area under the Specific Plan and annexation of the unincorporated Project Area into the City. 3. On July 24, 2019, the Planning Commission opened a duly noticed public hearing on the Zoning Map 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 Zoning Map Amendment, concluded the hearing on that date, and thereafter, among other actions, adopted Resolution No. 19-52, recommending that the City Council approve the Zoning Map Amendment. 5. On October 2, 2019, the City Council conducted a duly noticed public hearing on the Zoning Map 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 Zoning Map 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 contained in the initial study, concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources. Based upon the information contained in the initial Ordinance No. 959 - Page 1 of 6 ORDINANCE NO. 959 EHNCP ZONING MAP AMENDMENT DRC2015-00752 Page 2 study, 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 portion of the Project Area in the City's sphere of influence 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 Project Area 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. 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 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 zone that carries specific regulatory requirements intended to implement the 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 Ordinance No. 959 - Page 2 of 6 ORDINANCE NO. 959 EHNCP ZONING MAP AMENDMENT DRC2015-00752 Page 3 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 supports the 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 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. The City Council finds that the Neighborhood Area is well designed and planned and will help promote the Rural/Conservation Area as open space. g. As reflected in Exhibit 'A" the Zoning Map Amendment would pre -zone the unincorporated portions of the Project Area within the City's Sphere of Influence as SP-EHNCP. It would also zone the portions of the Project Area within the City as SP-EHNCP. Upon approval of the Zoning Map Amendment, the Specific Plan's regulating zones within both the Rural/Conservation and Neighborhood Areas, as described above, would be applied to each parcel in accordance with the Specific Plan. By adopting the Zoning Map Amendment, the City Council desires to implement these regulating zones within the Project Area and thus implement the Specific Plan. h. 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 in conjunction with the related documents and approvals associated with the EHNCP (General Plan Amendment DRC2015-00749, Development Code Amendment DRC2019-00459, Etiwanda North Specific Plan Amendment DRC 2015-00750, and Annexation DRC2015-00732), the Zoning Map Amendment is consistent with the goals, policies and implementation programs of the General Plan and will not conflict with any specific plan applicable to the Project Area. This finding is more specifically supported by the following evidence: i. The Zoning Map Amendment would facilitate implementation of the EHNCP Specific Plan, including its limitation on development within the Specific Plan's Rural/Conservation Area, 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. ii. The Zoning Map Amendment would facilitate implementation of the EHNCP Specific Plan Neighborhood Area, which is 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. Ordinance No. 959 - Page 3 of 6 ORDINANCE NO. 959 EHNCP ZONING MAP AMENDMENT DRC2015-00752 Page 4 i. Approval of the Zoning Map Amendment would not be materially injurious or detrimental to adjacent properties. C. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. Zoning Map. The City Council hereby adopts Zoning Map Amendment DRC2015- 00752. The Official Zoning Map for the City of Rancho Cucamonga is hereby amended by changing the Project Area to "SP-EHNCP" as more particularly identified in the revised Zoning Map attached hereto as Exhibit "A." 2. Prezoning. Pursuant to Section 17.22.050 of the Municipal Code, the zoning of the unincorporated portions of the Project Area shall become effective at the time the proposed annexation for the ENHCP becomes effective. Until such time, the Zoning Map shall be revised to show the prezoning classification with the label "PRE DISTRICT" in addition to such other map designation as may be applicable. 3. 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. 4. Certification. The City Clerk shall certify to the adoption of this Ordinance. Ordinance No. 959 - Page 4 of 6 ORDINANCE NO. 959 EHNCP ZONING MAP AMENDMENT DRC2015-00752 Page 5 PASSED, APPROVED, AND ADOPTED this 61h day of November, 2019. AA 'O�04e 1004�� 1Jennis)M6ri1chaeI,,KAayor ATTEST: 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 6th 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. 959 - Page 5 of 6 ORDINANCE NO. 959 EHNCP ZONING MAP AMENDMENT DRC2015-00752 Page 6 Exhibit A Amended Zoning Map Ordinance No. 959 - Page 6 of 6 77 I F k01 � r ...1_ 7 E as da Orr.. ■ sit, I CITY OF RANCHO CUCAMONGA' 1151 r,11 135Ili ZONING MAP Residential Open Space I_ _,J Very l-m dWac) = Flood Control (FC) Low(2dutac) O Hillside Revd-lial(HR) a Low Mecum (4-8 dulac) ® Open Space (OS) Rii _-j Medium (B 14 dWac) UNItyCorndor (UC) - Mad um High (14-24 dulac) " t; High (24-30 Va.) Specific Plan FI wands Heights Neighborhood 6 C.—mat on Specific Plan (SP) / R,vanda North Specific Plan (SP-EN) / ® Eliwanda Specific Plan (SP-E) %Commereial/Office ® Empire LakecSpecific Plan (SP-EL) / Olfice Professional (OP) % ® Neighborhood Commercial(NC) Planned Communities / General Commercial (GC) L Planned Community (PC) Community Commercial (CC) P=:q Caryn Planned Community (PC-C) aw zia ® Regional Related Commercial (RC) Efivumda Highlands Planned SpecialtyCommercal (SC) Community (PC -EH) Commercial Office (CO) Terra Vista Planned Community '—' (PC%) Victoria Planned Community (PC-V) Mixed Use Overlay District ® Wed Use (MU) Equestrian (EOD) 0 Haven Avenue(HAOD) Senior Housing(SHOD) Industrial s Hillside (HOD) Industrial Park (IP) Foothill Boulevard (FBOO) General Industrial (GI) Industrial Commercial (ICOD) Minimum Impact Heavy Industrial (MINI) Heavylndustrlal(HI) —, City Limits 0s1a Provided b, DePadmant of Innovation d Technologl