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HomeMy WebLinkAbout670 - Ordinances ORDINANCE NO. 670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 00-04, A REQUEST TO AMEND THE CIRCULATION ELEMENT OF THE GENERAL PLAN TO ELIMINATE A PORTION OF 7TM STREET, AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. Hogle/Ireland, Inc. has filed an application for General Plan Amendment No. 00-04 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject General Plan Amendment is referred to as "the application." 2. On the 13th day of June 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced General Plan Amendment. Following the conclusion of said public hearing the Planning Commission adopted Resolution No. 01-55, thereby recommending that the City Council adopt General Plan Amendment No. 00-04. 3. On the 19th day of September 2001, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that day. 4. All legal prerequisites prior to the adoption of the Ordinance have occurred. B. ORDINANCE, NOW THEREFORE, it is hereby found, determined and resolved by the 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 September 19, 2001, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a, The application applies to proper~y located with the City; and b. 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. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set fodh in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: Ordinance No. 670 Page 2 of 4 a. This ordinance does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, ina manner consistent with the General Plan and with related development; and b. This ordinance does promote the goals and objectives of the General Plan; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to propedies or improvements in the vicinity; and d. The subject application is consistent with the objectives of the General Plan; and e. The proposed amendment is in conformance with the General Plan. 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 recommends adoption of a Mitigated Negative Declaration and the Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: g. 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 reflect the independent judgment of the City Council; and further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. h. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project that are listed below as conditions of approval. 1) If the City Council determines, through the approval process for said General Plan amendment, that the elimination of this portion of 7th Street is justified, this developer will be required to acquire right-of-way for and construct a cul-de-sac terminus. i. 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 Ordinance No. 670 Page 3 of 4 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 fodh in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 4. The City Clerk shall certify to the adoption of this Ordinance PASSED, APPROVED, AND ADOPTED this 3rd day of October 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J./~er, Mayor ATTEST: Ordinance No. 670 Page 4 of 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 19th day of September 2001, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3rd day of September 2001. Executed this 4th day of October 2001, at Rancho Cucamonga, California. 'D~bra J. Ada(:~, CMC, City Clerk