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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