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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
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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