HomeMy WebLinkAbout723 - Ordinances ORDINANCE NO. 723
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DEVELOPMENT DISTRICT AMENDMENT DRC2003-01037, A
REQUEST TO CHANGE THE ZONE FROM COMMUNITY
COMMERCIAL TO MIXED-USE FOR A .7 ACRE PORTION OF
SUBAREA 3 OF THE FOOTHILL BOULEVARD DISTRICTS,
LOCATED NORTH OF FOOTHILL BOULEVARD, BE'DVVEEN
HELLMAN AND MALCHITE AVENUES - APN: 0208-151-20 THRU
23; AND MAKING FINDINGS IN SUPPORT THEREOF.
A. RECITALS:
1. On April 14, 2004, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced
Development District Amendment and, following the conclusion thereof, adopted
its Resolution No. 04-34, recommending that the City Council of the City of
Rancho Cucamonga adopt said Development District Amendment DRC2003-
01037.
2. On May 19, 2004, the City Council of the City of Rancho Cucamonga conducted
a duly noticed public hearing on the Application.
3. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. ORDINANCE:
The City Council of the City of Rancho Cucamonga does hereby ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council
during the above-referenced public hearing on May 19, 2004,
including written and oral staff reports, together with public testimony,
the City Council hereby specifically finds as follows:
a. The application applies to property located within the City; and
b. The proposed amendment will not have a significant impact on
the environment; and
c. The application is in conjunction with several applications on Apdl
14, 2004 to establish a requested Master Plan, Tract Map, and
Architectural Plans for the development of 18 single-family,
detached condominiums fronting San Bemardino Road, and 138
attached condominiums with common recreation facilities and
common area landscaping on the balance of the property; and
Ordinance No. 723
Page 2 of 4
d. That the Mitigated Negative Declaration has been prepared in
compliance with the California Environmental Quality Act (CEQA)
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 Planning Commission and City Council; and,
further, this City Council has reviewed and considered the
information contained in said Mitigated Negative Declaration with
regard to the application.
SECTION 3: Section 17.32 of the Rancho Cucamonga Development Code, is
hereby amended to change Subarea 3 Land Use Plan, in words and
figures, as shown in the attached Exhibit "A."
SECTION 4: The Rancho Cucamonga Development Districts Map is hereby
amended to read, in words and figures, to be consistent with Exhibit
SECTION 5: If any section, subsection, sentence, clause, phrase, or word 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 more sections, subsections,
clauses, phrases, or words might subsequently be declared invalid or
unconstitutional or preempted by subsequent legislation.
SECTION 6: 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.
Please see the following page
for formal adoption, certification and signatures
Ordinance No. 723
Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 2nd day of June 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
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 19th day of May 2004, and was passed at a Regular
Meeting of the City Council of the City of Rancho Cucamonga held on the 2na day June of 2004.
Executed this 3rd day of June 2004, at Rancho Cucamonga, California.
Debra J. Adam M~C,~City Clerk
LEGEND
RESIDENTIAL COM I~IERCIAL OFFICE PUBLIC
LR LOW DENSITY RESIDENTIAL MU MIXED USE U UTILITY
SC SPECIALTY COMMERCIAL
LMR LOW MEDIUM RESIDENTIAL O OFFICE P PUBLIC
CC COMMUNITY COMMERCIAL
MR MEDIUM RESIDENTIAL CO COMMERCIAL/OFFICE ---~ MASTER PLAN AREA
RRG REGIONAL RELATED COMMERCIAL
MHR MEDIUM-HIGH RESIDENTIAL INDUSTRIAL
I',~,:~,~.~ ,,~ LAND USE PLAN