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HomeMy WebLinkAbout737 - Ordinances ORDINANCE NO. 737 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2004-00273, A REQUEST TO CHANGE THE ZONING WITHIN THE INDUSTRIAL PARK (SUBAREA 6) DISTRICTS TO LOW-MEDIUM RESIDENTIAL (4- 8 DWELLING UNITS PER ACRE), ON THE WESTERLY 20.55 ACRES OF A TOTAL 37.78 ACRE SITE; ESTABLISH A MASTER PLAN OVERLAY DISTRICT PURSUANT TO RCMC 17.20.030 FOR THE ENTIRE SITE; AND ADJUST THE HAVEN OVERLAY DISTRICT BOUNDARY APPROXIMATELY 60 FEET EASTERLY CONSISTENT WITH THE LAND USE DESIGNATION CHANGE, ON PROPERTY GENERALLY BOUNDED BY CENTER AVENUE, ARROW ROUTE, 26TH STREET, AND HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-092-04. A. RECITALS. 1. Lewis Investment Company filed an application for Development District Amendment DRC2004-00273, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development District Amendment is referred to as "the application." 2. On October 27, 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the associated General Plan Amendment, DRC2004-00272 and issued Resolution No. 04-114 recommending to the City Council that the application be denied. At that same hearing, the above referenced Development District Amendment DRC2004-00273 was reviewed, and following the conclusion thereof, the Planning Commission issued Resolution No. 04-115, recommending that the City Council of the City of Rancho Cucamonga deny said Development District Amendment. 3, On November 17, 2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on DRC2004-00273. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. A. ORDINANCE. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 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. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on November 17, 2004, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: Ordinance No. 737 Page 2 of 7 a. The application applies to approximately 20.55 acres of land of the total 37.78 acres, basically a rectangle configuration, located on the east side of Center Avenue, between Arrow Route and 26~h Street, and is presently vacant. Said property is currently designated as Industrial Park, and b. The property to the north of the subject site is designated Medium- High Residential (14-24 dwelling units per acre) and is developed with apartments. The property to the west is designated Low-Medium Residential (4-8 dwelling units per acre) and is developed with single- family detached units. The property to the east is designated Industrial Park and is vacant. The property to the south is designated Low Residential (2-4 dwelling units per acre) and is developed with single-family detached units, and 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 with related development; and d. This amendment does promote the goals and objectives of the Land Use Element; 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. f. 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 Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows (i) That the Mitigated 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 Mitigated Negative Declaration and the Initial Study prepared therefore refiect the independent judgment of the City Council; and, further, this City Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. Ordinance No. 737 Page 3 of 7 (ii) That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur.( (iii) 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 Mitigated 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 the substantial evidence contained in the Mitigated 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. SECTION 3: Rancho Cucamonga Municipal Code, is hereby amended to change the Development Districts Map, in words and figures, as shown in the attached Exhibit "A." SECTION 4: Rancho Cucamonga Municipal Code Sections Section 17.30.080 Overlay Districts and Subarea Development Standards, is hereby amended to read, in words and figures, as shown in Exhibit "B" FIGURE 17.30.080-A (Haven Office Overlay Map), and Exhibit "C" FIGURE 17.30.080-H (Sub Area 6 Map). SECTION 5: 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 any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: 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 Ontario, California, and circulated in the City of Rancho Cucamonga, California. Please see the following page for formal adoption, certification and signatures Ordinance No. 737 Page 4 of 7 PASSED, APPROVED, AND ADOPTED this 1st day of December 2004. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J.~ "" ATTEST: D~l~r~'~. Adam~;MC, City Clerk 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 17th day of November 2004, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the Ist day December of 2004. Executed this 2nd day of December 2004, at Rancho Cucamonga, California. Ordinance No. 737 Page 5 of 7 DEVELOPMENT DISTRICT AMENDMENT DRC2004-00273 ' ' MEDIUM HIGH DEVELOPMENT DISTRICT MAP 2oo 0 200 400 600 Feet DEVELOPMENT DISTRICTS LOW MEDIUM MEDIUM HIGH GENERAL COMMERCIAL INDUS'I3~IAL PARK GENERAL INDUSTRIAL HEAVY INDUSTRIAL FLOOD CONTROL / UTILITY CORRIDOR EXHIBIT "A" Ordinance No. 737 Page 6 of 7 FIGURE 17.30.080-A HAVEN AVENUE a FOOTHILL OVERLAY DISTRICT REVISED 11/17/04 HAVEN OVERLAY DISTRICT URBAN CENTER ~ 120'Row ARROW ~ 100' ROW ~ 88' ROW ..... RAIL SERVICE EXIST. O · PEDESTRIAN JERSEY ' ' ' ' ' BICYCLE ~ REGIONAL MULTI-USE SPECIAL STREET LANDSC,eC,ING ] BRIDGE ~ HAVEN OVERLAY DIST. 7TH 6TH (~ 900 0 900 1800 Feet 4 TH EXHIBIT "B" Ordinance No. 737 Page 7 of 7 FIGURE 17.30.080-H Revised 11/17/04 SUBAREA 6 SUBAREA6 MAP ~ 120' ROW ~0o' ROW JERSEY 88'OR LESS ROW ...... RAIL SERVICE EXIST. ~ SPECIAL STREET LANDSCAPING .... B~KE ROUTE 7TH O O PEDESTRIAN ROUTE ~ HAVEN OVERLAY DISTRICT 6TH 600 0 600 1200 Feet Ii I 4 TH ,~. EXHIBIT 'C"