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ORDINANCE NO. 762
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DRC2004-00352, A REQUEST TO AMEND THE
DEVELOPMENT CODE TO ALLOW THE DEVELOPMENT OF
THE LAND THAT CONTAINS A 30 PERCENT SLOPE UNDER
SPECIFIED CIRCUMSTANCES INCLUDING LAND WITHIN A
MIXED-USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL
DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL
BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE
AND THE SOUTHERN PACIFIC RAIL ROAD RIGHT OF WAY,
AND MAKING FINDINGS IN SUPPORT THEREOF
A. RECITALS.
1. On April 12, 2006, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing with respect to the
above referenced Development Code Amendment and, following the
conclusion thereof, adopted its Resolution No. 06-37, recommending that the
City Council of the City of Rancho Cucamonga adopt said Amendment.
2. On June 21, 2006, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the Development Code
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 does 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 June 21, 2006,
including written and oral staff reports, together with public
testimony, the City Council hereby specifically finds as follows:
a. The application applies to land having a 30 percent or greater
slope that is located south of Banyan Street, including an
approximately 21 acres of land, basically an irregular
configuration, located on the north side of Foothill Boulevard,
between Red Hill Country Club Drive and the Southern Pacific
Road Right-of-Way, and is presently vacant. Said property is
currently designated as Mixed Use; and
Ordinance No. 762
Page 2 of 10
b. Properties to the north are developed with condominiums and
single-family homes designated Medium Residential (8-14
dwelling units per acre) and Low Residential (2-4 dwelling
units per acre), respectively. South of Foothill Boulevard is
designated Mixed Used and is developed with office and
commercial uses. East of the site is the abandoned Southern
Pacific Rail Road (future Regional Trail and possible future
rail) and is designated Open Space. To the west is the
Sycamore Inn Restaurant and is designated Mixed Use. Other
properties to the west are Mixed Use land use and
Office/Commercial to the southwest. The Red Hill Golf course
is located northwest of the project site adjacent to the Medium
Density residential development; and
c. Hillside Development criteria of the General Plan and
Development Code were not intended to apply as uniformly as
with a residential designated parcel from a slope density
calculation stand point. The intent of the Hillside density
restrictions was to address natural slopes, particularly those
located north of Banyan Street. In this case we have a 20
acre fractured site surrounded by developed land located
south of Banyan Street. In fact, the site has been so altered
(Foothill Boulevard., R.R. Line, a water reservoir, and a water
tank with graded access roads), that the site is no longer in a
natural condition. Few, if any other sites with 30 percent
slopes exist south of Banyan Street and so this amendment
will have limited application in the City. Therefore, 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 does promote the goals and objectives of the
Land Use Element by allowing for the implementation of the
Mixed Use designation in this area; and
e. In as much as an Office Commercial use allowed under the
Mixed Use Designation would not be subject to the Hillside
Density provisions of the General Plan and Development Code
but would allow a non-residential project of the same or more
intense building mass, this amendment would not be materially
injurious or detrimental to the adjacent properties and would
not have a significant impact on the environment nor the
surrounding properties.
Ordinance No. 762
Page 3 of 10
SECTION 3: 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 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.
SECTION 4: Chapter 17.24, is hereby amended to change 17.24.050 Hillside
designation, in words and figures, as shown in the attached
Exhibit "A."
SECTION 5: 17.24.080 Density, is hereby amended to read, in words and
figures, as shown in Exhibit "B."
Ordinance No. 762
Page 4 of 10
SECTION 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 anyone or
more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted
by subsequent legislation.
SECTION 7: 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. 762
Page 5 of 10
PASSED, APPROVED, AND ADOPTED this 5th day of July 2006.
AYES: Alexander, Gutierrez, Michael, Spagnolo, 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 21s' day of June 2006, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
51h day July 2006.
Executed this 61h day of July 2006, at Rancho Cucamonga, California.
Title 17 DEVELOPMENT CODE
Ordinance No. 762
Page 6 of 10
Chapter 17.24 HillSIDE DEVELOPMENT REGULATIONS
17.24.050 Hillside designation.
The following shall serve as general standards for the five established slope zones to ensure
that development will compliment the overall character of the landform. In order to permit the
extension of a logical design concept, the standards for one zone may be applied to limited
portions of the adjacent zone.
Slope Zone
% Natural Slope Standards
1.
5 or less
2.
5 to 7.99
EXHIBIT A
This is not a hillside condition.
Grading with conventional fully
padded lots and terracing is
acceptable.
Development with grading is permitted
in this zone but existing landforms
must retain their natural character.
Padded building sites are permitted;
however, techniques such as contour
grading, combined slopes, limited cut
and fill, and split level architectural
prototypes, or padding for the
structures only, may be required to
reduce grading. In conjunction with
the techniques described above and
for a project within a master plan
which includes special design
features, such as a golf course,
extensive open space, or significant
use of green belts or paseos, as
exemplified in the following cluster
development, the planning
commission may consider the use of
mass grading techniques adjacent to
these special design features as
partial compliance with this standard.
Ordinance No. 762
Page 7 of 10
3.
~
i ,..~",,;:"
_. ~~y,.:l
.~~.~. ~'.':.".':
1'" ~ "~:'"
. -;;:;.,C . .--!p
'l1. tP ~
.~ ~ ~
10"':? ~
.11
8 to 14.9
This is a hillside condition. Special
hillside architectural and design
techniques that minimize grading are
required in this zone. Architectural
prototypes are expected to conform to
the natural landform by using
techniques such as split level
foundations of greater than eighteen
inches. stem walls. stacking. and
clustering.
In conjunction with the alternative
techniques described above and for a
project within a master plan which
includes special design features, such
as a golf course, ex1ensive open
space, or significant use of green
belts or paseos, the planning
commission may consider padded
building sites adjacent to those
special features when it is found that
said grading creates a better
relationship between that special
design feature and the adjacent lots.
4.
15 to 29.9
5.
30 and over
Ordinance No. 762
Page 8 of 10
Development within this zone is
limited to no more than the less
visually prominent slopes, and then
only where it can be shown that
safety, environmental, and aesthetic
impacts can be minimized. Use of
larger lots, variable setbacks, and
variable building structural techniques
such as stepped or pole foundations
are expected. Structures shall blend
with the natural environment through
their shape, materials, and colors.
Impact of traffic and roadways is to be
minimized by following natural
contours or using grade separations.
This is an excessive slope condition
and development is prohibited, unless
all the followinq are satisfied: Ii) the
property is located south of Banvan
Street: Iii) at least 75% of the lots or
parcels that are the subiect of the
development application are
surrounded by lots or parcels
improved with structures: and liii) the
proposed proiect is determined to
appropriately address slope stability
and other qeoloqical factors of the
site.
Ordinance No. 762
Page 9 of 10
17.24.080 Density.
Slope density regulations which correlate intensity of development to steepness of terrain will be
used to minimize grading, removal of vegetation, land instability, and fire hazards. The total
allowable residential dwelling units shall be calculated based on the total (buildable) land area
within each slope category multiplied by the capacity factor for each to the slope category.
A. Calculation of Density. The maximum number of units that may be permitted in a proposed
development shall be determined by multiplying that area of land in each slope category
by the capacity factor shown in the following table, taking the products of these
calculations converted to square feet, and dividing this figure by the required site area unit
in square feet prescribed in the underlying zoning district (except the hillside residential
district where there is no minimum lot size required). In the hillside residential district, the
allowable amount of buildable area resulting from the capacity factor calculation will
constitute the adjusted net buildable area.
B. Land Capacity Schedule.
Slope
Category
-Buildable
Area in square
feet
Capacity
Factor
Adjusted Net
Buildable Area
(sq uare feet)
x
1.00
=
Under 10
percent
10-14.9
percent
15-19.9
percent
20-24.9
percent
25-29.9
percent
30+ percent
x
0.75
=
x
0.50
=
x
0.25
=
x
0.025
=
x
0.0
=
Divided by
minimum
lot
size
requirement
of
underlying
zoning
district
except in
Hillside
Residential
Permitted
number of
units
-Buildable area is a contiguous area of the lot which is less than thirty percent in natural slope or
in the area determined, through environmental studies and investigation, as buildable.
EXHIBIT B
Ordinance No. 762
Page 10 of 10
c. Exceptions. The following land areas, meeting any or all of the following criteria, shall not
be included in the calculation of total allowable dwelling units:
1. All land areas, regardless of slope, which will be subject to inundation during a one
hundred year storm after development has occurred;
2. All land which is in a geologic hazard zone, as defined in the safety element of the
general plan of the city, and for which no feasible mitigation measures are proposed;
3. All land area which lies within a federally recognized blue line stream, or contains
significant riparian or stream bed environs. (Ord. 416 S 6 (part), 1990)
4. All the followino are satisfied: Ii) thepropertv is located south of Banvan Street: Iii) at
least land where 75% of the lots or parcels that are the subiect of the development
application are surrounded by lots or parcels improved with structures: and liii) the
proposed proiect is determined to appropriately address slope stability and other
oeolooical factors of the site.