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Home My WebLink About639 - Ordinances ORDINANCE NO. 639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 00-03, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM GENERAL COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) WITH A SENIOR HOUSING OVERLAY DISTRICT FOR 1.31 ACRES OF LAND LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF-- APN: 209-041-47 A. RECITALS. 1. The Southern California Housing Development Corporation filed an application for Development District Amendment No. 00-03, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development District 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 application and issued Resolution No. 00-108 recommending to the City Council that the associated General Plan Amendment No. 00-02B 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. 109, recommending to the City Council that the application be approved. 4. On November 1, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on an associated application and issued Resolution No. 00-232, approving the associated General Plan Amendment No. 00-02B. 5. On November 1, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing the application. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: Ordinance No. 639 Page 2 of 5 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 1.31 acres of land, basically an "L" shaped configuration, located south of the intersection of Malvern Avenue and Salina Street, which is presently vacant. Said property is currently designated as Commercial General; and b. The property to the north of the subject site is designated General Commercial and is developed with a parking lot for use by the City's Senior Center and beyond there is a neighborhood shopping center. The properties to the west are designatec~ General Commercial and are developed with office structures. The property to the east, on the east side of Malvern Avenue, are designated Low Residential (2-4 dwelling units per acre) and developed with the Rancho Cucamonga Senior Center, and further east the land is developed with single family houses. The property to the south is within the Low Residential (2-4 dwelling units per acre) designation and is developed with the Cucamonga Elementary School; and; 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 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 designating appropriate land use designations for senior housing on the subject site; 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 evidenced by the findings of the environmental analysis. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of fads set forth in paragraphs 1 and 2 above, this Council heraby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, satisfying the location requirements of the Senior Housing Overlay District, and compatibility with existing land use in the surrounding area as evidenced by its close proximity to a senior recreation center; and 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 Ordinance No. 639 Page 3 of 5 c. That the proposed amendment is in conformance with the General Plan and with the Development Code by the consideration of a Development Agreement which contains provisions for the Senior Housing Overlay District designation. 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 will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the CaZifornia 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 Development District Amendment No. 00-03 to establish a High Residential (24-30 dwelling units per acre) District and accompanying Senior Housing Overlay District at the site described in this Ordinance and shown in Exhibit "A" of this Ordinance. 6. The City Clerk shall certify to the adoption of this Ordinance. Please see the following page for formal adoption of this ordinance and for signatures of execution Ordinance No. 639 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 15th day of November. AYES: Alexander, Biane Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William Jyr,~2fayor ~ ATTEST: D~e~s, ~C, City Clerk~JJ//T/4~ / 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 1st day of November 2000, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of November 2000. Executed this 16th day of November 2000, at Rancho Cucamonga, California. Debr~'J. Adams()~V1C, City Clerk DDA 00-03 - Development Districts Map Arrow Hwy. s~J~enior Center ~ ~- ~[ Application site ~ Development Districts '" ~_Tpine St. ~ LOW ............. E~ LOW MEDIUM ~ MEDIUM ~ MEDIUM HIGH .... ~:.~J OFFICE PROFESSION~ ' ' ' _'Sal~na ~{..~ ' ~ GENE~L INDUSTRIAL {- - ~ ~ ~E~::~ ELEMENT~Y SCHOOL single family N no Scale