HomeMy WebLinkAbout724 - Ordinances ORDINANCE NO. 724
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA
SPECIFIC PLAN AMENDMENT DRC2003-00047 TO ALLOW A
RECREATIONAL VEHICLE STORAGE FACILITY ON 9.87 ACRES
OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING
UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN,
LOCATED AT THE SOUTHWEST CORNER OF THE 210 AND I-15
FREEWAY INTERCHANGE; AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 0228-011-31.
A. RECITALS:
1. Charles Joseph Associates filed an application for Etiwanda Specific Plan
Amendment DRC2003-00047, as described in the title of this ordinance.
Hereinafter in this Ordinance, the Etiwanda Specific Plan Amendment is referred
to as "the application."
2. On the 14th day of April 2004, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and
adopted their Resolution No. 04-43 recommending approval.
3. On May 19, 2004, 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:
NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council
of the City of Rancho Cucamonga as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the
Recitats, 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 May 19, 2004, including written and oral staff
reports, together with public testimony, this 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 Conditional Use permit to allow RV
and boat storage on the subject site; and
Ordinance No. 724
Page 2 of 4
3. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing and upon the specific findings of facts set fodh
in paragraphs 1 and 2 above, this Commission hereby finds and concludes as
follows:
a. The proposed project is consistent with the objectives of the General
Plan; and
b. The proposed use is in accord with the objectives of the Development
Code and the purposes of the district in which the site is located; and
c. The proposed use is in compliance with each of the applicable provisions
of the Development Code; and
d. The proposed use, together with the conditions applicable thereto, will
not be detrimental to the public health, safety, or welfare or materially
injurious to properties or improvements in the vicinity.
4. Based upon the facts and information contained in the proposed Mitigated
Negative Declaration, together with all wdtten 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 adopts a Mitigated negative Declaration and Monitoring
Program attached hereto, and incorporated herein by this reference, based upon
the findings as follows:
a. 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.
b. 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, which are listed below
as conditions of approval.
c. 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
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 forth in Section 753.5(c-1-d) of Title 14 of the
California Code of Regulations.
Ordinance No. 724
Page 3 of 4
5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4
above, this City Council hereby approves the amendment subject to the text
change as listed below:
Part II Chapter 5, 5.22 RESIDENTIAL DISTRICTS:
Add in the "L " District, .202 Other Uses Table, that "Recreational Vehicle
(R V) and Boat Storage"is a conditionally permitted use with the following
footnote:
"Recreational Vehicle (RV) and Boat Storage is permitted subject to not
being adjacent to single-family or multiple-family residences, and must be
adjacent to both the 210 and 1-15 freeways."
6. 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.
7. The City Clerk shall certify to the adoption of this Ordinance.
Ordinance No. 724
Page 4 of 4
PASSED, APPROVED, AND ADOPTED this 2nd day of June 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kudh, Williams
NOES: None
ABSENT: None
ABSTAINED: None ~----~ ,,~
Williaml Alexander, Mayor
Al-rEST:
De'bra J. Adams~MC, City Clerk
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 2® day June of 2004.
Executed this 3r~ day of June 2004, at Rancho Cucamonga, California.
~)ebra J. Adams~MC, City Clerk