HomeMy WebLinkAbout2023-008 - Resolution RESOLUTION NO. 2023.008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING THE
APPEAL AND UPHOLDING THE PLANNING COMMISSION'S
APPROVAL OF DESIGN REVIEW DRC2019-00850 A SITE
PLAN AND DESIGN REVIEW TO CONSTRUCT A MIXED-USE
DEVELOPMENT COMPRISING 311 RESIDENTIAL UNITS AND
16,000 SQUARE FEET OF COMMERCIAL LEASE AREA ON
7.94 ACRES OF LAND AT THE SOUTHEAST CORNER OF
FOOTHILL BOULEVARD AND HAVEN AVENUE IN THE
MIXED-USE URBAN CORRIDOR (MU-UCT) ZONE; AND
MAKING FINDINGS IN SUPPORT THEREOF —APN: 0208-353-
02
A. Recitals.
1. The applicant, Island View Ventures, LLC, filed an application for the approval of
Design Review DRC2019-00850 as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Design Review is referred to as "the application."
2. On November 9, 2022, the Planning Commission of the City of Rancho
Cucamonga adopted Resolution No. 22-29 approving the application and making findings in
support of its decision.
3. On November 20, 2022, Lozeau Drury, LLP ("Appellant"), filed a timely appeal of
the Planning Commission's decision approving the application.
4. On January 18, 2023, the City Council of the City of Rancho Cucamonga opened
a duly noticed public hearing on the appeal, conducted the public hearing, concluded the
hearing on that date, and adopted this Resolution denying the appeal and upholding the
Planning Commission's approval of the application and making findings in support thereof.
5. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the
City of Rancho Cucamonga 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 all available evidence in the record and presented to the City
Council during the above-referenced public hearing on January 18, 2023, including
Resolution No. 2023-008 - Page 1 of 5
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 application applies to a vacant site located at the southeast corner of
Haven Avenue and Foothill Boulevard containing a site area of approximately
7.94 acres; and
C. The land use, General Plan land use designation, and Zoning
classification for the subject property are as follows:
Land Use General Plan Zoning
Site Vacant City Center Mixed Use Urban Corridor(MU-UCT)
District*
North Commercial Center Mixed-Use City Corridor High Community Commercial(CC) District
South County Court House City Center Industrial Park(IP)Distinct'
East Existing Office Building City Center Industrial Park(IP)Distinct'
West Existing Office Building City Center Industrial Park(IP)DistncP
'Project Sde Redesignated Center 2(CE2)Zone with Development Cole Update
d. The proposed project consists of the construction a mixed-use
development comprising of 311 apartments and 16,000 square feet of commercial lease area;
and
e. The project complies with all pertinent development standards related to
building height, site coverage, front/rear setbacks, and parking at the time the application was
deemed complete.
3. Based upon all available evidence in the record and presented to the City Council
during the above-referenced public hearing and upon the specific findings of facts set forth in
Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows:
a. The project is consistent with the General Plan. The General Plan
Designation for the project site is City Center, which envisions medium-high to high density
residential and a wide range of commercial uses. The project proposes a total of 311 apartment
units 16,000 square feet of commercial space, which is consistent with the General Plan's vision;
and
b. The proposed development is in accord with the objectives of the
Development Code, and the purposes of the district in which the site is located. The project site
is within the Mixed-Use Urban Corridor zone, which is an area for a mix of residential and
nonresidential uses of medium to high intensity in a vibrant pedestrian environment. The project
provides for a proper mix of residential and commercial uses, concentrating pedestrian activity
and intensity along Foothill Boulevard; and
Resolution No. 2023-008 - Page 2 of 5
C. The proposed development complies with each of the applicable
provisions of the Development Code. The proposed development meets all standards outlined
in the Development Code at the time it was deemed complete, as well as the design,
development standards, and policies of the Planning Commission and the City; and
d. The proposed development, together with the conditions applicable
thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. The project site is vacant; the proposed land use is
consistent with the General Plan's vision for Foothill Boulevard and the expectations of the
community.
4. Based upon the facts and information contained in the CEQA Guidelines Section
15183 Compliance Memorandum, 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 based upon the
findings as follows:
a. The City of Rancho Cucamonga adopted a comprehensive update to the
City's General Plan (GPU) and certified a Program Environmental Impact Report (EIR) (SCH
No. 2021050261)on December 15, 2021.As part of the GPU, the Project site was designated for
"City Center" land uses, which allows for residential development at densities ranging from 40 to
100 dwelling units per acre (du/ac) and non-residential development at a Floor Area Ratio (FAR)
ranging from 1.0 to 2.0. According to Section 15168 of the CEQA Guidelines, a Program EIR
may be prepared on a series of actions that can be characterized as one large project. Use of a
Program EIR allows the Lead Agency to consider broad policy alternatives and program-wide
mitigation measures, as well as greater flexibility to address project-specific and cumulative
environmental impacts on a comprehensive scale.
b. Pursuant to Section 15183(c) of the State CEQA Guidelines, "if an impact
is not peculiar to the parcel or to the project, has been addressed as a significant effect in the
prior EIR, or can be substantially mitigated by the imposition of uniformly applied development
policies or standards...then an additional EIR need not be prepared for the project solely on the
basis of that impact." The 7.94-acre property is designated by the City's General Plan for "City
Center' land uses. The proposed Project is fully consistent with the site's GPU land use
designation of"City Center" and would be consistent with all applicable GPU policies. Therefore,
no subsequent or supplemental EIR is required for the proposed project. To demonstrate that no
subsequent EIR or environmental review is required, a CEQA Section 15183 Compliance
Memorandum dated October 11, 2022, was prepared by Michael Baker International. Staff
evaluated this memorandum and concluded that the project is within the scope of the EIR
certified as part of the City's GPU on December 15, 2021. The project will not have one or more
significant effects not discussed in the GPU EIR, nor have more severe effects than previously
analyzed, and that additional or different mitigation measures are not required
Resolution No. 2023-008- Page 3 of 5
to reduce the impacts of the project to a level of less than significant. The City Council has
reviewed the Planning Commission's adoption of the CEQA Guidelines Section 15183
Compliance Memorandum and concurs with their determination.
5. Based upon the findings, evidence, and conclusions set forth in Paragraphs 1, 2,
3, and 4 above, the City Council hereby denies the appeal (DRC2022- 00449) and upholds the
Planning Commission's decision to approve Design Review DRC2019-00850 subject to each
and every condition set forth in the Conditions of Approval attached to Planning Commission
Resolution No. 22-29.
6. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 2023-008 - Page 4 of 5
PASSED, APPROVED, and ADOPTED this 18° day of January 2023.
4
P[Yenms Michael, M yor
ATTEST:
nice C. Reynolds, Cky Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) as
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 18t' day of January 2023.
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 19" day of January, 2023, at Rancho Cucamonga, California.
nice C. Reynolds, CiV Clerk
APPROVED AS TO FORM:
Nicholas Ghirelli, Ci7Attorney
Resolution No. 2023-008- Page 5 of 5