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HomeMy WebLinkAbout713 - Ordinances ORDINANCE NO. 713 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2003-00254, A REQUEST TO INCREASE THE ALLOWABLE NUMBER OF MULTI- FAMILY RESIDENTIAL UNITS IN THE RANCHO CUCAMONGA IASP SUBAREA 18 SPECIFIC PLAN MIXED-USE LAND USE DESIGNATION, LOCATED ON THE NORTHWEST CORNER OF 4TM STREET AND MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-082-47 A. RECITALS. 1. JPI Westcoast Development, L.P., filed an application for a General Plan Amendment of the Mixed-Use Land Use designation of the Subarea 18 Specific Plan, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject amendment is referred to as "the application." 2. On the 11th day of June 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. On the 16th day of July 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 of this Ordinance have 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 July 16, 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 the City; and b. The proposed amendment will not have a significant impact on the environment; and c. The proposed amendment is consistent with the flexible land use concept of the Rancho Cucamonga IASP Subarea 18 Specific Plan. Ordinance No. 713 Page 2 of 4 3. Based upon the substantial evidence presented to this Council during 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: a. The amendment does not conflict with the Land Use Policies of the Rancho Cucamonga IASP Subarea 18 Specific Plan or the General Plan and will provide for the logical development of the Specific Plan and the General Plan and with related development; and b, The amendment promotes the goals and objectives of the Industrial Districts Chapter of the Development Code; 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 subject application is consistent with the objectives of the Rancho Cucamonga IASP Subarea 18 Specific Plan, and the purposes of the Rancho Cucamonga IASP Subarea 18 Specific Plan; and e. The proposed amendment is in conformance with the General Plan. 4. An Environmental Impact Report (EIR) was prepared and certified as a Master EIR for the Industrial Area Subarea 18 Specific Plan. The California Environmental Quality Act (CEQA) Section 21157.1 provides that the preparation and certification of a Master F:IR allows for the limited review of subsequent projects that were described in the Master EIR as being within the scope of the reporting accordance with certain requirements. However, because of the changes that are submitted by this project, an addendum was prepared for said project. An addendum to the Subarea 18 Specific Plan final EIR is appropriate documentation because some changes or additions are necessary to describe the proposed residential project but none of the conditions described in the CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. The City Council has reviewed and considered the attached addendum based on the following findings: a. There have not been substantial changes in the project that require major revisions to the previous EIR because of new significant environmental effects or a substantial increase in severity of previously identified significant effects. b. There have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions to the previous EIR because of the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Ordinance No. 713 Page 3 of 4 ¢. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: 1) the project will have one or more significant effects not discussed in the previous EIR, 2) significant effects previously examined will be substantially more severe that shown in the previous EIR, 3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project but the project proponents decline to adopt the mitigation measure or alternative, or 4) mitigation measures or alternatives, which are considerably different from those analyzed in the final EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 5. Based upon the findings and conclusion set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves General Plan Amendment DRC2003- 00254, as shown in the staff report. 6. The Secretary to this Council shall certify to the adoption of this Ordinance. Please see the following page for formal adoption, certification and signatures Ordinance No. 713 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 6th day of August 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: William//~lexander, ~la~/or ATTEST: 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 16th day of July 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 6th day August of 2003. Executed this 7th day of August 2003, at Rancho Cucamonga, California. ~s,~-.,~C, City Clerk