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Home My WebLink About766 - Ordinances ORDINANCE NO. 766 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-01002, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM OFFICE TO COMMUNITY COMMERCIAL WITHIN THE FOOTHILL BOULEVARD DISTRICTS (SUBAREA 4), FOR 8.21 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-152- 18 AND 31. A. RECITALS. 1. Charles Joseph Associates filed an application for Development District Amendment DRC2005-01002, as described in the title of this Ordinance. Hereinafter in this Ordinance. the subject amendment is referred to as "the application." 2. On April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment application and issued Resolution No. 06-28, recommending to the City Council that General Plan Amendment DRC2005- 01006 be approved. 3. April 12, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval of Development District Amendment DRC2005-01002 by the adoption of Resolution No. 06-29. 4. On August 16, 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment application and issued Resolution No. 06-264, approving the associated General Plan Amendment DRC2005-01 006. 5. On August 16, 2006, 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. 6. 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: 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. Ordinance No. 766 Page 2 of6 2. Based upon the substantial evidence presented to this Council during the above-referenced public h'3aring on August 16, 2006, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 8.21 acres of land located at the northeast corner of Foothill Boulevard and Rochester Avenue and is presently vacant. Said property is currently designated as Office within the Foothill Boulevard Districts (Subarea 4); and b. 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 the surrounding development by providing opportunities for office, hospitality, and commercial land uses that will provide support uses and services for the nearby Regionally-Related Commercial Districts located just east of the project site; and c. This amendment does promote the goals and objectives of the Land Use Element by allowing for commercial, hospitality, food, and office uses to be developed under one land use district utilizing master- planning; and d. This amendment would not be materially injurious or detrimental to the adjacent properties i3nd would not have a significant impact on the environment nor the surrounding properties; conversely, the amendment will allow for office, retail, hospitality, and food uses to be integrated into a maste,r-planned development under one land use district. 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 ,md the General Plan; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or matl3rially injurious to properties or improvements in the vicinity; and d. The proposed amendment is in conformance with the General Plan. Ordinance No. 766 Page 3 of 6 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, 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. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the impOSition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. c. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during the project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5, the City Council finds, based on the Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The project site is disturbed from previous weed abatement activities, the project site is surrounded by commercial and residential development and the site has not been identified as potential location for habitat that is known to support sensitive biological species. Further, the site contains no blue line streams. Based on substantial evidence, the City Ordinance No. 766 Page 4 of 6 Council hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) e. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves Development District Amendment DRC2005-01002 to change the Development District from Office to Community Commercial within Foothill Boulevard Districts (Subarea 4) for the site identified in this Ordinance, as shown on Exhibit A of this Ordinance and including 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 issuancEl 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. 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. 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. Ordinance No. 766 Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 6th day of September 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 16th day of August 2006, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 6th day September 2006. Executed this 7th day of September 2006, at Rancho Cucamonga, California. 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