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HomeMy WebLinkAbout973 - Ordinance ORDINANCE NO. 973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ZONING MAP AMENDMENT DRC2018-00994 TO CHANGE THE ZONING DESIGNATION FOR 11.44 ACRES OF LAND 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 UNTS 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 Zoning Map Amendment DRC2018-00994, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Zoning Map 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 Zoning Map Amendment DRC2018-00994 and, following the conclusion thereof, adopted it's Resolution No. 20-30, 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 Zoning Map Amendment DRC2018-00994. 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 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 b. 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 c. The vacant project site slopes from north to south and is covered by low vegetation and multiple eucalyptus trees; and Ordinance No. 973 - Page 1 of 6 d. 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 West Utility Utility Corridor Open Space (OS) District Infrastructure Commercial Office (CO) District e. The application is in conjunction with the subdivision of 11.44 acres of vacant land (Related File: SUBTT20148) to create one numbered and one lettered lot tentative tract map for condominium purposes. The numbered lot will include the residential/commercial portion of the project site and the lettered lot will include the existing utility easements (including a portion of the parking lot); and f. Zoning Map Amendment DRC2018-00994 necessitates amending the Development Code (DRC2018-00992) to amend text, tables, and figures in the Development Code related to the zone change of the project site from Community Commercial (CC) District to Mixed Use (MU) District; and g. The overall project scope includes Development Code Amendment DRC2018-00992, to change text, tables, and figures in the Development Code related to the change in the zoning designation from Community Commercial (CC) District to Mixed-Use (MU) District, 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: 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 subject property is located on a major street and provides adequate vehicle and pedestrian access. The project is compatible with the existing development in the area, including the approved multi-family develop to the south of the project site; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties. The Initial Study Part II prepared for the project outlines potential environmental impacts related to the project and identifies project-specific mitigation measures that reduce these impacts to less-than-significant; and C. That the proposed amendment is in conformance with the General Plan. The subject Zoning Map Amendment changes the zoning designation of the project site from Community Commercial Ordinance No. 973 -Page 2 of 6 I (CC) District to Mixed Use (MU) District, in conformance with the General Plan Mixed Use (MU) land use designation. 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 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 Kinsinger), 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 Ordinance No. 973 -Page 3 of 6 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 Zoning Map is hereby amended to change the zoning designation for 11.44 acres of land from Community Commercial (CC) District to Mixed Use (MU) District, as shown in Attachment A. 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 anyone 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. 973 - Page 4 of 6 PASSED, APPROVED, AND ADOPTED this 2"d day of September, 2020. L. Dennis Michael a" ATTEST: ?nice C. Reynolds, C erk 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 2"d 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. �tV6� e-- 46�i� — ice C. Reynolds, C rk Ordinance No. 973 - Page 5 of 6 "Attachment A" Proposed Zone Change 5 Low Medium (LM) Change th7frorn designation 1100-191Commuy Commercial(CC)to Mixed Use(MU) Park(P) Q�G dq Project Site Community Commercial(CC) a� w Commercial Office(CO) Mixed Use(MU) -- Foothill Boulevard Medium (M) f Ordinance No. 973 - Page 6 of 6