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Home My WebLink About717 - Ordinances ORDINANCE NO. 717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00616, AMENDING SECTION 17.30 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, CHANGING THE CLASSIFICATION OF DAY CREEK BOULEVARD, EAST OF ROCHESTER AVENUE IN THE INDUSTRIAL DISTRICTS, TO A MODIFIED LOCAL COLLECTOR AS DEPICTED IN FIGURES 17.30.080-J AND 17.30.040-B AND TEXT CHANGES TO SECTION 17.30.080.1.4. AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0229- 021-20, 34, 47, 53, 54, AND 55. A. RECITALS. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2003-00616, as described in the title of this Ordinance. Hereinafter in this ordinance, the subject Development Code Amendment is referred to as "the application." 2. On August 27, and continued to September 10, and September 24, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment, and following the conclusion thereof, adopted its Resolution No. 03-134, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 3. On August 27, and continued to September 10, and September 24, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the associated General Plan Amendment GPA2002-00002, and following the conclusion thereof, adopted its Resolution No. 03-133 recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 4. On October 15, 2003, the City Council of the City of Rancho Cucamonga conducted a du[y noticed public hearing on the amendment to the Development Code. 5. 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: SECTION 1: This City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Ordinance No. 717 Page 2 of 5 SE~CTION 2: This City Council hereby determines that the subject amendment identified in this Ordinance has been reviewed pursuant to an addendum to the Rancho Cucamonga General Plan Environmental Impact Report and finds as follows: An Environmental Impact Report (EIR) was cedified October 17, 2001, as the Final EIR for the 2001 City of Rancho Cucamonga General Plan. The Guidelines for the California Environmental Quality Act Section 15166 provides that when a Program EIR has been certified, subsequent activities in the program must be examined in light of the program EIR to determine whether an additional environmental document must be prepared. If the agency finds that no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the program EIR. Because the applicant has proposed modifications to the Master Plan Circulation system, an Addendum to the 2001 General Plan Final EIR was prepared, and all feasible mitigation measures developed in the Program EIR, have been incorporated into the project design. An addendum to the 2001 General Plan Final EIR is appropriate documentation because some changes or additions are necessary to describe the modification to the Master Plan Circulation System, but none of the conditions described in California Environmental Quality Act 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 h ave not been substantial changes i n t he project t hat require major revisions to the previous EIR because of new significant environmental effects or a substantial increase in severity of previously identified environmental effects; and b. There have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions t o t he previous E IR because t he involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and ¢. 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 effect previously examined Ordinance No. 717 Page 3 of 5 will b e substantially m ore severe t hat shown i n the p revious EIR; 3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more 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. SECTION 3: The following Development Code sections and figures shall be changed as follows: a. Figure 17.30.040-B - Streetscape Setback Schedule shall be amended to delete "Day Creek Boulevard" from the "MAJOR ARTERIAL/SPECIAL BOULEVARD (100-* and 120-foot Right- of-Way)" listing and be added to the "LOCAL INDUSTRIAL (66-foot Right-of-Way)" listing. b. Figure 17.30.080-J shall be amended to represent (by street line illustration) the portion of Day Creek Boulevard between the boundary of Subarea 8 and Rochester Avenue as a "66- foot Right-of-Way." c. Section 17.30.080-1.4.- Subarea 8, Industrial Districts, of the Development Code hereby is amended to read, in words (strikeout words indicating deletion of text) and figures, as follows: "4. Access and C~rculat~on: Subject'to mod~flcatron; 'especially. at intersections. 120-foot Right-of-Way- ~' Cre~ 9ou!cv~rd and Milliken Avenue." SECTION 4' If any section, subsection, sentence, clause, phrase, or work of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or .~ - mor~, sections,'subsectons, causes, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. Ordinance No. 717 Page 4 of 5 SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this 5th day of November 2003. AYES: Gutierrez, Howdyshell, Kudh, Williams NOES: None ABSENT: Alexander ABSTAINED: None r,-r~ ~r 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 15th day of October 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5th day November of 2003. · th Executed th~s 6 day of November 2003, at Rancho Cucamonga, California. betbraJ. Adan:~C~ Ordinance No. 717 Page 5 of 5 Rancho Cucamonga Development Code Section 17.30.080 FIGURE 17.30.080-J 1/03 17.30-83