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HomeMy WebLinkAbout698 - Ordinances ORDINANCE NO. 698 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2002-00533, A REQUEST TO REALIGN THE TRAIL TYPE D BETWEEN MALAGA DRIVE AND WEST GREENWAY CORRIDOR, TO A TRAIL TYPE E ALONG TERRA VISTA PARKWAY AND CHURCH STREET; AND TO CHANGE THE LAND USE DESIGNATION FROM ELEMENTARY SCHOOL (E) TO LOW-MEDIUM RESIDENTIAL (LM) FOR A 9.05-ACRE SITE LOCATED ON THE SOUTH SIDE OF TERRA VISTA PARKWAY EAST OF COYOTE CANYON PARK, WITHIN THE TERRA VISTA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORTTHEREOF. A. RECITALS. 1. KB HOME and Lewis Operating Corp. jointly filed an application for Terra Vista Community Plan Amendment DRC2002-00533, as described in the title ofthis Ordinance. Hereinafter in this Ordinance, the subject Terra Vista Community Plan Amendment is referred to as "the application." 2. On the 23rd day of October 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. On the 15th day of January 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption ofthis Ordinance haw occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does ordain 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 January 15, 2003, including written and oral staff= reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property within Terra Vista Community Plan; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Council dudng 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: Ordinance No. 698 Page 2 of 4 a. The proposed 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 b. The proposed amendment does promote the goals and objectives of the Development Code and the Terra Vista Community Plan; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The proposed amendment is consistent with the objectives of the Terra Vista Community Plan; and e. The proposed amendment is in conformance with the General Plan. 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, this Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration, and incorporated herein by this reference, 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 this 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 facts associated with 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 California Code of Regulations, this 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 orthe habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to this Council during the public hearing, the Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-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 approves Terra Vista Community Plan Amendment DRC2002-00533 by the adoption of the attached Exhibit "A." 6. The Secretary to this Council shall certify to the adoption of this Ordinance. Ordinance No. 698 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 5th day of February 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William J. ,,~nder, Ma - ~ - / Al-rEST: D~br-a J. Adam~u,G'MC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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 15"~ day of January 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5~ day of February 2003. Executed this 6th day of February 2003, at Rancho Cucemonga, California. El'e'~ra J. Adams,~VIC, City Clerk -- LAND USE AMENDMENT I~4AJOR GREEN~NAY SYSTEM eeee MMOR GREENWA ~MMOR 'GREENWAY R~ISED T~L ALIGNMENT FIGUR£ 111-12 Park and Greenway System