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HomeMy WebLinkAbout972 - Ordinance ORDINANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT DRC2018-00992, TO AMEND DEVELOPMENT CODE SECTION 17.36.020 TO ELIMINATE TEXT, FIGURES, AND TABLES RELATED TO DEFINING THE LOCATION AND MIX OF USES WITHIN EACH MIXED-USE AREA WITHIN THE CITY FOR CONSISTENCY WITH THE GENERAL PLAN AND TO AMEND DEVELOPMENT CODE FIGURE 17.38.060-1 AND FIGURE 17.38.060-15 TO REFLECT THE PROPOSED ZONE CHANGE (DRC2018-00994) AMENDING THE ZONING DESIGNATION OF THE PROJECT SITE FROM COMMUNITY COMMERCIAL (CC) DISTRICT TO MIXED USE (MU) DISTRICT RELATED TO THE DEVELOPMENT OF A 131-UNIT, MULTI-FAMILY RESIDENTIAL UNITS WHICH INCLUDES 4 COMMERCIAL READY LIVEWORK LINTS AND 1,500 SQUARE FEET OF COMMERCIAL SPACE WITHIN THE COMMUNITY COMMERCIAL (CC) DISTRICT ON THE WEST SIDE OF EAST AVENUE APPROXIMATELY 550 FEET NORTH OF FOOTHILL BOULEVARD; APN: 1100-191-04 A. Recitals. 1. SC Westbury Limited Partnership, filed an application for the approval of Development Code Amendment DRC2018-00992, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Code Amendment request is referred to as "the application." 2. On the 24th day of June 2020, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the above referenced Development Code Amendment DRC2018-00992 and, following the conclusion thereof, adopted it's Resolution No. 20-29, recommending that the City Council of the City of Rancho Cucamonga adopt said Zoning Map Amendment. 3. On August 19, 2020, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Development Code Amendment DRC2018-00992. 4. All legal prerequisites prior to the adoption of this Ordiance 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 August 19, 2020, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and Ordinance No. 972 - Page 1 of 10 b. The 11.44-acre project site is located on the west side of East Avenue, approximately 550 feet north of Foothill Boulevard; and C. The project site made up of 3.76 acres of land unencumbered by easements. Of the remainder of the property, 1.98 acres are within a Southern California Gas Company easement that will be used for parking and 5.7 acres are within a Southern California Edison easement that will be left undeveloped; and d. The vacant project site slopes from north to south and is covered by low vegetation and multiple eucalyptus trees; and e. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning Utility Corridor Open Space (OS) District Site Vacant Community Commercial (CC) District; Foothill Mixed-Use Boulevard Overlay District Subarea 4 North Utility Corridor Utility Corridor Low Medium (LM) Residential District South Vacant Land Mixed-Use Mixed-Use (MU) District East Single-Family City of Fontana City of Fontana Residences Utility Open Space (OS) District West infrastructure Utility Corridor Commercial Office (CO) District f. Development Code Amendment DRC2018-00992 amends Chapters 17.36 and 17.38 of the Development Code related to the change in zoning of the project site from Community Commercial to Mixed Use. The amendment will modify Development Code Section 17.36.020 (Development standards for mixed-use zoning districts) to eliminate text, figures, and tables related to defining the location and mix of uses within each mixed-use area within the City. On June 15, 2016, the City Council approved General Plan Amendment DRC2015-00887, which similarly eliminated tables in General Plan which described the uses and development ranges permitted within each area designated for Mixed-Use development. The proposed changes will bring the Development Code into alignment with the General Plan and will provide more flexibility in the development of mixed-use zoning areas. The amendment will also modify Development Code Figure 17.38.060-1 (Foothill Boulevard Subareas) and Figure 17.38.060- 15 (Subarea 4 Map) to reflect the proposed zone change; and g. The overall project scope includes Zoning Map Amendment DRC2018-00994, to change the zoning designation from Community Commercial (CC) to Mixed-Use (MU), Design Review DRC2018-00770, for the site plan and architectural design of the proposed 131-unit mixed-use development, Tree Removal Permit DRC2019-00867 to remove 32 onsite trees and Uniform Sign Program DRC2019-00959 for onsite signage. 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: Ordinance No. 972 - Page 2 of 10 a. 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. The Amendment is related to Zoning Map Amendment DRC2018-00994, which changes the zoning designation of the project site from Community Commercial (CC) District to Mixed Use (MU) District, in conformance with the Mixed Use (MU) General Plan land use designation. The Amendment updates text, tables, figures in the Development Code to reflect the new Zoning Map designation and eliminates any conflicts or inconsistencies between the General Plan and the Development Code; and b. This Amendment does promote the goals and objectives of the Development Code. The purpose and intent of the Development Code is to implement the goals and objectives of the General Plan and to guide and manage the future growth of the City. The General Plan land use designation of the project site is Mixed Use (MU) District. The related Zoning Map Amendment (DRC2018-00994) changes the zoning designation of the project site from Community Commercial (CC) District to Mixed Use (MU) District, in conformance with the Mixed Use (MU) General Plan land use designation. The Amendment updates text, tables, and figures in the Development Code to reflect the related Zoning Map Amendment, thus implementing the goals and objectives of the General Plan; and C. The proposed Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project related to the Amendment was reviewed by the Design Review Committee and is of the same high-quality design as the surrounding development and will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives of the Development Code. The Development Code is required to be consistent with the land use element of the General Plan. The Amendment modifies text, tables, and figures in the Development Code to reflect the related Zoning Map Amendment (DRC2018-00994), eliminating any conflicts or inconsistencies between the General Plan and the Development Code; and e. The proposed amendment is in conformance with the General Plan. The General Plan land use designation of the project site is Mixed Use (MU). The related Zoning Map Amendment (DRC2018-00994) amends the zoning designation of the project site from Community Commercial (CC) to Mixed Use (MU) to be in conformance with the General Plan land use designation. The Amendment updates text, tables, and figures in the Development Code to bring the Development Code into conformance with the new General Plan land use designation and Zoning Map designation of the project site. 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, LSA has prepared an Initial Study of the potential environmental effects of the project, which was peer-reviewed by First Carbon Solutions, a consultant contracted by the City to review this document. Based on the findings contained in that Initial Study, it was 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 Ordinance No. 972 - Page 3 of 10 prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. During the public comment period for the Initial Study, staff received comments from the California Department of Fish and Wildlife (CDFW) requesting changes in the timing and protocol for the preconstruction surveys for various species including the burrowing owl. The applicant's environmental consultant (LSA) has updated the IS and Mitigation Monitoring Plan with the updated language provided by CDFW. In accordance with CEQA Guidelines Section 15074.1, staff has determined that the updated mitigation measures will be equal or more effective in mitigating the project related biological impacts than the original mitigation measures. Staff received a letter dated June 24, 2020 (Debra Kissinger), raising concerns related to the biological study and mitigation measures provided by the applicant's consultant (LSA). The letter states that when Ms. Kinsinger performed a biological survey for the parcel to the south in 2017, she observed burrowing owls on the project site. She requested that the Planning Commission require that the applicant confer with CDFW prior to certification of the Initial Study. The applicant's environmental consultant (LSA) provided a letter responding to the comments received from Ms. Kinsinger, which outlines that the updated mitigation measures provided by CDFW included in the IS and MMP address the concerns raised related to the potential loss of burrowing owl habitat. The Planning Commission agreed with the applicant's consultant (LSA), that the updated mitigation measures provided by CDFW address Ms. Kinsinger's concerns and recommended City Council approval of the Mitigated Negative Declaration as presented. 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 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) 774-2750. SECTION 5: The Development Code amendment hereby amends the text, tables, and figures in the Development Code as shown on Attachment A and subject to each and every condition set forth in the Standard Conditions, attached hereto and incorporated herein by this reference 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 Ordinance No. 972 - Page 4 of 10 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. 972 - Page 5 of 10 PASSED, APPROVED, AND ADOPTED this 211 day of September, 2020. 41 ,ff-.�,l ennis Michael,'Mayo ATTEST: QIZW�L I,::;, ice C. Reynolds, C rk 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 August 2020, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of September 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 3rd day of September 2020, at Rancho Cucamonga, California. Qkv,t�. r. nice C. Reynolds, Cle k Ordinance No. 972 - Page 6 of 10 "Attachment A" 17.36.020 Development standards for mixed use zoning districts. A. Purpose and applicability. The purpose of this section is to establish minimum development standards that are unique to development projects within the city's Mixed Use Zoning District. T-he geReral plaR establishes 14 mixed use sites througheut the Gity With the iRteRt tG G�eate speGial urbaR . Development standards in this section apply to all land designated on the zoning map within a Mixed Use District and are intended to be consistent with and implement the general plan. SeeFiguro, 7.36 -1 (Mixed Use c FIGURE 17.36.020-1 MIYED USE SITES 00* B. i •COl.laOG'eM Jrw�nfAerAp _ 1ynS lYctCT+.�I'O \ 'j'tIO Rri sJh rO01• �. �� .... �M♦MGM .IT�LL;1 'y�i sws..a.ac h4ixeduse sites. The 14xylix-eA- -L--LS-- -sites with Mixed Use ZGRiRg DiStFiGt deGigRatiC)Rs are listed _ Town GeRTeF(Feethill Be ile and and HaVeR-Avenue). 3. Terra Vista Tr Feethnill Be alreyard b etwe eR Hrermese AveRUe an -GaRter Avenue. 5 Foethill BE)uleyard betweeR 4rnhibald AyeR e anal I--e"Man AveRUe. Ordinance No. 972 - Page 7 of 10 0. Foothill Be leywd at Helms Avenue and Harnnshiree� 7. Eeethill Bo ileyaF l and Mayten AyeR e g lRdustrial Area Spe+ifin RaR (Cuh_Area 19). 9 Foothill BewlevaFd and DeeF Greek GhaRnel. 10. ave+,n,���,creR�� a•'`�Rd (phi�rnh C4�,rree site. �1 1. We s tCti- Gateway 1 Zvea r G 6r , lure aarea). 13. Ri6tGFiv Alta- ma (Amethysttp), T y Foothill Bey ilev arlrd and Cast eRue parking,G. h&ed use site Gfevelopment istapdaF4s. GeReFal site develepment standards fer Mixed use TABLE 17.36.020_1 DEVELOPMENT STANDARDS FOR MIXED USE SITCc* Land Igoe M'vM'v �'�' _ ver-age M'verl 1 Ice C'Fec s Ilenc;4i Reesmderc:a: Commercial OffF6g Qu 1 F �p`�Tr�ai'eaS�-� ��16 Ramie 25-25Y0i4e YtY-F51% dH-dtY% v-t't1`O 14--ttW+Ct& n % - - 20 Hampshire Str8494 30 a 60 790% - 30 du�a6 -- 40 4 G 6 C% 6 i 0 Ue/ �4-0/6 -per / aS aG °e 25 30,04 - - 14 d-,IRA 0% - 8--��-�i(e - A--1-4--rfi,la6 /o 50 7090 !�-1!��U� - 14 �/a6 VitC H-100,04 - �7-+Ht1yC - aS % - - i A 7�-r�- -vorRG Ordinance No. 972 - Page 8 of 10 * This table only applies to a isfnr. Mixed 1-Ise sites Proposed Amendment FIGURE 17.38.060-1 FOOTHILL BOULEVARD SUBAREAS w©ARGA t 1 WDAREAt WDARLA z 1n� Modify Figure �^'^7 %•� \ 17 38 060-1 to change i-; ; /.w �,,�_ •• thezonmg designation ofAPN 1100-191-04 from Community 777 ;v t CommerC, (CC)to Mixed Use(MU) J; •x or • Arm ., SUBAREA J --- — tt�ae J [�we.>»a.rKM�r+r�ar.�e>ris�eaa p�nM'�i► �w.n�//�M R.� �-�w�w�ti�O rwrw wre w�r��r� - �a+ran Qwww��r.•w srr.�ww+�o� Wasrr� i �aw,wDq1"poem t tgd►1rI11 M'40/8hrSY MR 4 / 1•r/aOw+R�lM Ordinance No. 972 - Page 9 of 10 Proposed Amendment Modify Figure 17 3&060-15 to FIGURE 17.3 8.060-1 5 SUBAREA 4 MAP change the zoning designation ofAPN 1100-191-04 from Community Commercial(CC)to Mixed Use(MU) 0 tc I t .rwerrr1'(.�f d t tag" .�Cft%A-s 1M arcs(Aww"'M PC) t iwe �ww w Ir D —:WnvN.r.«rM �+rar..y� �u.�ww��sa row�ww.rr. . 'J'wwr.lw�.�rar� wewn•..wr7 w.-. _ .' �MM��MMi w/lM�MAr1Mi •��AM�pN 67C�twwlrl •ONr+rM�wrp 4 �S CD + IOIM �ryw�+�t�r+wa.i Mr �wy Ce..rr MSC: :�CSw+r+Ydrwrw�Kf� �:V.re+Mpn Ordinance No. 972 - Page 10 of 10