Loading...
HomeMy WebLinkAbout2021-012 - ResolutionRESOLUTION NO.2021-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW MODIFICATION DRC2020-00482, MODIFYING SUBTPM 19762, SUBTTM 20032, DRC2016-00449, DRC2016-00450, DRC2016-00451, DRC2016-00452, DRC2016-00508 BY MODIFYING THE CURRENT CONDITIONS OF APPROVAL WITH THE REMOVAL OF CONDITION #13 THAT PLACES RESTRICTIONS ON THE RESIDENTIAL OCCUPANCY OF THE COMMUNITY. THE PROJECT SITE IS LOCATED AT THE SOUTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD — APN: 1090-695-90 A. Recitals. WHEREAS, In 2017 the City Council approved a mixed use project at the southwest corner of Base Line Road and Day Creek Boulevard and adopted Mitigated Negative Declaration, subject to conditions of approval, allowing the development of 380 residential units, two commercial buildings totaling 12,000 square feet, and a 71-room hotel, commonly referred to as Day Creek Square; and WHEREAS, DR Horton has filed an application requesting the approval of Design Review modification DRC2020-00482 as described in the title of this Resolution, specifically requesting the modification of the conditions of approval associated with the original project entitlement by removing Condition #13 in its entirety. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application."; and WHEREAS, On January 27, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date and recommended approval of the application to the City Council for their consideration; and WHEREAS, On March 3, 2021, the City Council of the City of Rancho Cucamonga reviewed the information provided at a regular scheduled City Council Meeting; and WHEREAS, All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the Rancho Cucamonga City Council does hereby find, determine, conclude, and resolve as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above - referenced public hearing on March 3, 2021, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: Resolution No. 2021-012 - Page 1 of 4 a. The application applies to the property located at the southwest corner of Day Creek Boulevard and Base Line Road at APN 1090-695-90 with an area of roughly 30 acres and is currently approved for a mixed -use development consisting of 380 residential units, two commercial buildings totaling 12,000 square feet, and 71-room hotel. The site is bound by commercial shopping center to the north and east, and residential uses to the west and south; and b. The site has a General Plan land use designation of Mixed Use; and C. The application is a request to modify the existing conditions of approval applicable to current development project as described above by removing Condition #13 that restricts the number of residential occupancies until occupancy on the hotel and commercial pads are granted; and d. The proposed removal of Condition #13 will not impact or alter the overall development, and will only allow the residential area of the project to maintain progress towards completion of construction and occupancy of units; and e. All other existing conditions of approval will remain effective and applicable to the project; and 3. Based upon the substantial evidence presented to this City Council during the above - referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this City Council hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan. The General Plan land use designation for the project is Mixed Use, which provides for a wide range of residential and non-residential uses. The project was originally approved in 2017 and such approval will remain consistent with the General Plan even with the removal of Condition #13; and b. The proposed use is in accord with objective of the Development Code, and the purposes of the district in which the site is located. The previously approved project will not be altered and modified and will remain in accord with the mixed -use designation of the Development Code even with the removal of Condition #13; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code. The project meets all applicable development standards as required from the previous approval and will continue to meet such standards with the removal of Condition #13; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, and welfare, or materially injurious to properties or improvements in the vicinity. The proposed use is a compatible and complimentary to the existing surrounding developments where it is located, as it meets the intent and purpose of the General Plan Designation and Zoning District for the project site. All existing conditions of approval will remain effective and applicable to the project, with the exception of Condition #13 which has been stricken; and Resolution No. 2021-012 - Page 2 of 4 4. Pursuant to the California Environment Quality Act (CEQA), a Mitigated Negative Declaration was adopted and approved in 2017 as part of the original project approval and was determined that the project would not have any significant impacts on the environment. The request to modify a condition of approval will not result in any significant impacts or additional impacts that weren't previously addressed by the Mitigated Negative Declaration. Therefore, no further environmental review is required. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this City Council hereby approves the application subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 2021-012 - Page 3 of 4 PASSED, APPROVED, and ADOPTED this 3Id day of March 2021. y L. 15ennis'Michae , Mayor ATTEST: Reynolds, STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 3rd day of March 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 4th day of March, 2021, at Rancho Cucamonga, California. Reynolds, City Clerk Resolution No. 2021-012 - Page 4 of 4