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HomeMy WebLinkAbout763 - Ordinances ORDINANCE NO. 763 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 TO AMEND THE DEVELOPMENT DISTRICT MAP FROM FLOOD CONTROL TO MIXED USE FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN HAVEN AVENUE AND CENTER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401- 35 AND 36. 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 District Amendment DRC2005-00001 and, following the conclusion thereof, adopted its Resolution No. 06-21, recommending that the City Council of the City of Rancho Cucamonga adopt said Draft Ordinance 2. On June 7, 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on Development District Amendment DRC2005-00001. 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 7, 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 14.77 acres of land, basically a rectangular configuration located on the south side of Church Street, between Haven Avenue and Center Avenue and is presently vacant, undeveloped, and was previously used as a Flood Control Detention Basin. Said property is currently designated as Open Space- Flood Control/Utility Corridor; and Ordinance No. 763 Page 2 of 7 b. The property to the north of the subject site is designated Low Density Residential and is developed single-family residential; the property to the west is designated Low Density Residential and is developed single-family residential; the property to the east is designated Office Space and is vacant; and the property to the south is designated Industrial Park and is Office and Institutional (CVWD Equipment Maintenance Yard) Industrial Park. 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 does promote the goals and objectives of the Land Use Element; and e. 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; and 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, 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 there under; 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 in the Mitigation Monitoring Program. Ordinance No. 763 Page 3 of 7 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: The Development Districts Map is hereby amended to change from Flood Control to mixed use for 14.77 acres of land, located on the south side of Church Street between Haven Avenue and Center Avenue, in words and figures, as shown in the attached Exhibit "A and B" and in accordance with the condition shown below: PlanninQ Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 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. Ordinance No. 763 Page 4 of 7 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. PASSED, APPROVED, AND ADOPTED this 21" day of June 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexander ~ 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 7'h day of June 2006, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 21" day June 2006. Executed this 22"d day of June 2006, at Rancho Cucamonga, California. Ordinance No. 763 Page 5 of 7 Haven and Church DRC2005-000001 (DDA) co R+Hm .. . . . . . . . ...... . ... ,... ~ PROPOSED MIXED USE (MU) ZONING DL I"'........l LM b;';::,':': _M _CC ~GC ggggg OPK (l) 500 . o 500 1000 Feet , alP =FC ~ llifftcclOS :~ttr.E EXHIBIT A Ordinance No. 763 Page 6 of 7 Rancho Cucamomw Development Code Section 17.08.030 Land Use Mix Percent Ranoe Acreaae Ranae Medium-High Residential 0% -100% 0- 3.24 acres Office 0% -100% 0- 3.24 acres The land use categories within the Mixed Use area shall be of the character and intensity as defined in Development Code Chapters 17.08 and 17.10. All uses that may be authorized under the Office designation are subject to Conditional Use Permit approval. The corresponding development standards, as listed in Chapters 17.08 and 17.10, for each permitted land use shall be applicable within the Mixed Use District. 2. Foothill Boulevard and Haven Avenue Site: This 31.5 acre site is located on the southwest corner of Foothill Boulevard and Haven Avenue. The following table specifies the uses and range of development that may be permitted on the site: Land Use Mix Percent Ranoe Acreaae Ranoe High Residential 40% - 45% 12.6 -14.2 acres Office 55% - 60% 17.3 -18.9 acres The land use categories within the Mixed Use area shall be of the character and intensity as defined in Development code Chapters 17.08, 17.10, and 17.30. All uses and activ~ies that are permitted, or may be permitted with a Conditional Use Permit, under the High Residential, Office/Professional, General Commercial, and Industrial Park designations are subject to the same permitting processes and development standards as listed in Chapters 17.08, 17.10, and 17.20, shall be applicable to any development within the Mixed Use District, or shall be subject to a Master Plan of Development approved by the Planning Commission specifically for this site. 3. Foothill Boulevard-Cucamonaa Channel Site: This 7.24-acre site is located at the base of "Red HHI" on the northwest corner of Foothill Boulevard and the Cucamonga Channel. The following table specifies the uses and range of development that may be permitted on the site. Percent Acreage Land Use Mix Range Range Medium Residential 0% -100% 0- 7.24 acres (8-14 dwellina units oer acre) . Office 0% -100% 0- 7.24 acres The land use categories proposed within the Mixed Use area shall be of the character and intensity as delined in the Development Code Chapters 17.08, 17.10, and 17.32. All uses that may be authorized under office designations are subject to a Conditional Use Permit approval. The corresponding development standards, as listed in Chapters 17.08. 17.10, and 17.32 for each permitted land use shall be applicable to the development within the Mixed Use District." . This Mixed Use site may be considered with a base zoning of Medium-High Residential (14.24 dwelling units per acre) jf developed in conjunction with a Senior Housing Overlay District (SHOD). EXHIBIT B 17.08-10 2/04 Ordinance No. 763 Page 7 of 7 Rancho Cucamomw DeveloTJment Code Section 17.08.040 4. Haven. Church and Center Site: This 14.77-acre site is located on the south side of Church Avenue, between Center and Haven Avenues. The following table specifies the uses and range of development that may be permitted on the site. Percent Acreage land Use Mix Range Range Medium Residential 0%-100% o - 10.95 acres (8-14 dwelling units Der acrel" Office 0% -100% o - 3.36 acres The land use categories proposed within the Mixed Use area shall be of the character and intensity as defined in the .Development Code Chapters 17.08, and 17.10. All uses that may be authorized under office designations are subject to Development Code Chapter 17.10~ The corresponding development standards, as listed in Chapters 17.08, and 17.10, for each permitted land use shall be applicable to the development within the Mixed Use District, or shall be subject to a Master Plan of Development approved by the Planning Commission specifically for this site. . This Mixed Use site may be considered with a base zoning of Medium Residential (8-14 dwelling units per acre). Section 17.08.040 - Site Development Criteria The Site Development Criteria are intended to provide minimum standards for residential development. These site development standards should be used in conjunction with the design guidelines which are set forth in Section 17.08.090 of this chapter. This section shali not be construed to supersede more restrictive site development standards contained in the Conditions, Covenants and Restrictions of any property or dwelling unit. However, in no case shall private deed restrictions permit a lesser standard in the case of a minimum standard of this section or permit a greater standard in the case of a maximum standard of this section. A. Develoornent Standards. The development standards for residential development are arranged into two categories: (1) basic developmen1 standards, and (2) optional development standards. These standards are used in conjunction with the Absolute Policies and Design Guidelines during the residential land development/design review process as discussed in Chapter 17.06. Each residential development must conform to either the basic standards or the optional standards. 1. Basic Develooment Standards. These standards are intended to provide basic standards, which will ensure good quality and compatible projects. A residential development over four units per acre is generally limited to the mid-point of the density range for which it is designated. These standards, as well as the density limitation, are intended to create a development, which will be compatible and provide for proper transitions from more sensitive or less intense residential development. 2. Ootional Develooment Standards. These standards are intended to provide high standards for the deveiopment of projects of superior quality and compatibility. The optional standards allow development at the higher end of the designated density range. However, the standards and development expectations have been increased above and beyond the basic standards in order to ensure proper transitions and buffers from lower intense residential uses. 04/03 17.08-11