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Home My WebLink About661 - Ordinances ORDINANCE NO. 661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 00-02, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR 1.244 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING TEXT AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-881-01. A. RECITALS. 1. Lewis Retail Centers filed an application for Victoria Community Plan Amendment 00-02 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Victoria Community Plan Amendment is referred to as "the application." 2. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on an associated General Plan Land Use Amendment and issued Resolution Number 00-104 recommending to the City Council that associated General Plan Amendment 00-02A be approved. 3. On September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 00-105 recommending the application be approved. 4. On November 1, 2000, and continued to December 20, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated general plan land use application and on Victoria Specific Plan Amendment 00-02, and continued said public hearing to an unspecified date. 5. On July 18, 2001, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Land Use Application, and issued Resolution No. 01-174, approving the associated General Plan Amendment 00-02A. 6. On July 18, 2001, the City Council of the City of Rancho Cucamonga continued its review of the application by conducting a duly re-noticed public hearing. 7. All legal prerequisites prior to the adoption of this Ordinance have occurred. Ordinance No. 661 Page 2 of 6 B. ORDINANCE. NOW, THEREFORE, it is hereby found, determined, and ordained by th~ City Council of the City of Rancho Cucamonga as follows: ~ 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on November 1, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 1.244 acres of land, basica!ly a triangular configuration, located on the northeast corner of Highland Avenue and Day Creek Boulevard, and is presently vacant. Said property is currently designated as Low Residential (2-4 dwelling units per acre) within the Victoria Community Plan; and b. The property to the north of the subject site is being developed with,a new State freeway. The property to the south is designated Low Residential (2-4 dwelling units per acre) and is developed with a single-family residential neighborhood. The property to the west lis designated Village Commercial and is vacant. The property to the east is designated Low Residential (2-4 dwelling unit per acre) and .is developed with a single-family residential neighborhood. c. 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 related developme.nt through the land use review process of this application; and d. This amendment does promote the goals and objectives of the Land Use Element by providing additional Convenience Commercial opportunities for the nearby residents, and by deleting the potential bf residential development from an area of increasing vehicle traffic and noise; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties as evidence by the findings of the environmental assessment. 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 by exceeding the minimum lot width of 150 feet for commercial sites of the Victoria Community Plan, and by its location, is adjacent to existing Village Commercial designated land; and Ordinance No. 661 Page 3 of 6 b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby existing Village Commercial parcels. 4. Based upon the facts and information contained in the proposed 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 Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alterations, which have been incorporated into the proposed project, no significant adverse environmental effects witl occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of Victoria Community Plan Amendment 00-02 to change the land use designation to Village Commercial as shown in Exhibit "A" to this Ordinance, and to amend the description of the Village Commercial Center in the first and second paragraphs on pages 67 and 68 of the Victoria Community Plan shall be amended (bold print added) to read as follows: "Local commercial needs in the Windrows will be served by a Village Commercial Center at Highland Avenue and Day Creek Boulevard. Its location on two major arterial roads is convenient to village residents as they enter or leave the community by automobile, and is also accessible to bicycles Ordinance No. 661 Page 4 of 6 and pedestrians via the community trail system. Any potential expansion of the Village Commercial land use area should be clearly intended to primarily serve the nearby residents. Expansion of the Village Commercial in this area should not be established to promote 'freeway dependent' commercial activities." "The architectural theme that is used for the Village Commercial Center should draw upon the character of the older Victorian homes of the Etiwanda area for inspiration. Village Commercial development should focus on enhancing, and not detracting from the rural Etiwanda character. In this regard, commercial development should be visually non-intrusive to the nearby residential neighborhoods." 6. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this 1st day of August 2001. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: Dutton ABSTAINED: None William,~ander, Mayor ATTEST: Ordinance No. 661 Page 5 of 6 I, DEBRA J. ADAMS, CITY .CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 18th day of July 2001, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1s~ day of August 2001. Executed this 2® day of August 2001, at Rancho Cucamonga, California. E~e~a J. Adams,~vlC, City Clerk m VCPA 00-02 &-03 Zoning Designations Map · ...... ~,~-~ hland Ave ooooo, Village Commeraa · ·' ..... · .'"'r'rr'~,.,, .. ooooo~°°°°°~ ...... Site ~ Application Site ........ ooooo~ Zoning Designatl · ......... ......,, ooooooo0oo,ooooooo, ~ FLOOD CONTROl- I UTILITY CORRIDOR. ........ 0oooo0, ~ LOW ........... ~ LOW MEDIUM · ' ·......,"'"'"~.~;;;~:~". ~ VllLLAGE COMMERCIAL · t ~ OPEN SPACE ............ ., .. [~ REGiOUAL RELATED ;: ............ ~, new single-family ~o ~ Z no scale