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HomeMy WebLinkAbout738 - Ordinances ORDINANCE NO. 738 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT DRC2004-00402, A REQUEST TO CHANGE THE ETIWANDA SPECIFIC PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 9 ACRES OF LAND, LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF VICTORIA STREET AND EAST AVENUE - APN: 0227-061-38, 70, 71, 72, 78, AND 81 AND 0227-121-38, 39, 40, 44, 45, AND 46. A. RECITALS. 1. The City of Rancho Cucamonga, filed an application for Etiwanda Specific Plan Amendment DRC2004-00402, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Specific Plan Amendment is referred to as "the application." 2. On the 14th day of July, 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date and adopted Resolution No.04-91, recommending approval of the application. 3. On the 17th day of November 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. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 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. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on November 17, 2004, 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 Etiwanda Specific Plan; and b. The proposed amendment will not have a significant impact on the environment. Ordinance No. 738 Page 2 of 5 SECTION 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 proposed amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. The proposed amendment does promote the goals and objectives of the Development Code and the Etiwanda Specific Plan; 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 proposed amendment is consistent with the objectives of the Etiwanda Specific Plan; and e. The proposed amendment is in conformance with the General Plan. .SECTION 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, this Council finds that there is no substantial evidence the project will have a significant effect upon the environment and adopts a Negative Declaration, and incorporated herein by this reference, based upon the findings as follows. a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated there under; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of this Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the facts associated with the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the Provisions of Section 753.5© of Title 14 of the California Code of Regulations, this Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact Ordinance No. 738 Page 3 of 5 upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to this Council during the public hearing, the Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. SECTION 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves Etiwanda Specific Plan Amendment DRC2004-00402 by the adoption of the attached Exhibit "A". SECTION 6. The Secretary to this Council shall certify to the adoption of this Ordinance. Ordinance No. 738 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 1st day of December 2004. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. A~ander, Mayor / A~EST: D6I~ J. Ad~r~s¢', CMC, 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 17th day of November 2004, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1st day December of 2004. Executed this 2® day of December 2004, at Rancho Cucamonga, California. Debra J. Adan~s,-CMC, City Clerk Ordinance No. 738 Page 5 of 5 GPA DRC2004-00371 ESPA DRC2004-00402 I VICTORIA ST I VICTORIA AVENUE GENERAL PLAN AND ETIWANDA SPECIFIC PLAN AMENDMENT EXISTING GENERAL PLAN AND SPECIFIC PLAN ~ VL [----~ L .... MAP AMENDMENT AREA IA1 Exhibit "A" FROM LOW TO VERY LOW