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Home My WebLink About755 - Ordinances ORDINANCE NO. 755 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2004-00270, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM COMMUNITY COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) WITHIN THE FOOTHILL BOULEVARD DISTRICTS ON 9.68 ACRES, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD EAST OF ETIWANDA, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-161-04. A. RECITALS. 1. On January 11, 2006, 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. 06-02, recommending that the City Council of the City of Rancho Cucamonga adopt said Amendment. 2. On March 1, 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development District Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga ordains 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 March 1, 2006, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to approximately 9.68 acres of land, basically a rectangle configuration, located on the north side of Foothill Boulevard, east of Etiwanda Avenue, and is presently vacant. Said property is currently designated as Community Commercial; and Ordinance No. 755 Page 2 of 5 b. The property to the north of the subject site is designated Medium Density Residential and is developed with apartment units; to the east is designated Office and is vacant; to the south is designated Community Commercial (currently vacant) and Low Density Residential (developed with single-family residences); and to the west is designated Community Commercial and is under developed with a few single-family residences and a small business; and C. This 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 d. This amendment promotes the goals and objectives of the Land Use Element; and e. The proposed Development District Amendment is within the City of Rancho Cucamonga; and f. This amendment will not be materially injurious or detrimental to the adjacent properties and will not have a significant impact on the environment nor the surrounding properties. SECTION 3: Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Development District Amendment is hereby amended to change the Development District Map, in words and figures, as shown in the attached Exhibit A. SECTION 4: Based upon the facts and information contained in the proposed Mitigated 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 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 Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. Ordinance No. 755 Page 3 of 5 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 were adopted as conditions of approval in the related subdivision and development review applications that were reviewed concurrently with this application. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Cornmission 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 Planning Commission during the public hearing, the Planning Commission 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. 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 anyone 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. 755 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 151h day of March 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: De ra J. Ad 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 1'1 day of March 2006, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 151h day March 2006. Executed this 161h day of March 2006, at Rancho Cucamonga, California. Ordinance No. 755 Page 5 of 5 . ... ... ... ... ... ... ... ... . ...... .~. ."".... e"'.'. ............. .".",.",.", ............ ",.,.,/'.",. ................. "-"'-"-"'-.1- ...""..........-.;. J'-"-"'.'."'.'. ................... ."....,...."."'."'. ....................... 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