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