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ORDINANCE NO. 767
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DEVELOPMENT CODE AMENDMENT DRC2005-01003, A
REQUEST TO AMEND SECTION 17.32.030 OF THE COMMUNITY
COMMERCIAL LAND USE REGULATIONS WITHIN SUBAREA 4
OF THE FOOTHILL BOULEVARD DISTRICTS, TO ADD HOTELS,
MOTELS, AND MAJOR HOTEL FACILITIES AS A
CONDITIONALLY PERMITTED USE AND COCKTAIL LOUNGES
WITHIN MAJOR HOTEL FACILTIES AS A CONDITIONALLY
PERMITTED USE; AND MAKING FINDINGS IN SUPPORT
THEREOF
A. RECITALS.
1. Charles Joseph Associates filed an application for Development Code
Amendment DRC2005-01003, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Development Code 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 DRC2005-01 006 and Developme'lt District Amendment DRC2005-
01002 and issued Resolution No. 06-28 and Resolution No. 06-29, respectively,
recommending to the City Council that General Plan Amendment DRC2005-
01006 and Development District Amendment DRC2005-01002 be approved.
3. On the 12th day of April 2006, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and
recommended approval by adoption of Planning Commission Resolution No. 06-
30.
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 DRC2005-01 006 and Development District Amendment DRC2005-
01002 applications and issued Resolution No. 06-264 and Ordinance No. 767,
respectively, approving the associated General Plan Amendment DRC2005-
01006 and Development District Amendment DRC2005-01 002.
5. On August 16, 2006, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application.
6. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. ORDINANCE.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council
of the City of Rancho Cucamonga as follows:
Ordinance No. 767
Page 2 of 6
1. This Council hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Ordinance arl3 true and correct.
2. Based upon the substantial evidence presented to this Council during the
above-referenced public hearing 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 property located within the City; and
b. The proposed amendment will not have a significant impact on the
environment.
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 the surrounding
development by permitting joint development of varying uses already
listed in the General Plan including, but not limited to, office, hospitality,
food, and commercial land uses that will provide support uses and
services for the nearby Regionally-Related Commercial Districts; and
d. This amendment does promote the goals and objectives of the
Development Code by allowing the innovative use of existing
development standards to expand the range of uses within a
development project; and
e. This amendment would not be detrimental to the public health, safety, or
welfare, materially injurious or detrimental to the adjacent properties and
would not have a significant impact on the environment nor on the
surrounding properties; conversely, the amendment will allow for office,
retail, hospitality, and food uses to be integrated into a master-planned
development under one land use district; and
f. The proposed amendment is in conformance with the General Plan and
objectives of the Development Code by continuing a policy encouraging
quality development through the innovative application of existing design
standards.
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. 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
b. This amendment does promote the goals and objectives of the
Development Code; and
Ordinance No. 767
Page 3 of6
c. The proposed amendment will not be detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in
the vicinity; and
d. The subject application is consistent with the objectives the Development
Code; and
e. The proposed amendment is in conformance with the General Plan.
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 forthe 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
Ordinance No. 767
Page 4 of
wildlife depends. The project site is disturbed from previous weed
abatement activities, thll project site is surrounded by commercial and
residential development, and the site has not been identified as a
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 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 Code Amendment DRC2005-
01003 to amend Section 17'.32.030 of the Community Commercial Land Use
Regulations within Subarea 4 of the Foothill Boulevard Districts to add hotels,
motels, and major hotel facilities as a Conditionally Permitted Use and cocktail
lounges within major hotel facilities as a Conditionally Permitted Use as
described in this Ordinance, as shown in attached 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 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.
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.
Ordinance No. 767
Page 5 of6
7. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED, AND ADOPTED this 6th day of September 2006.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
I
MC, City Clerk
)
Debra J. Ada
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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.
Ordinance No. 767
Page 6 of 6
I HOTEL 1 Subarea One ,I Subarea Two II Subarea Three :1 Subarea Four '
USES ~~~~~rn~~~~rn[~~~~[[~~~~Er
cc RliCC R R CC'O R R J,!jC C,R 2 I
I Hotel/Motel IDDDOCDDDDDDCDDDD@J@][[JODD
Hotel DDDDuDDDDDDDDDDDDLJLJDDD
Facilities
(major)
Ancillarv DDDDDDDDDDDCDDDDCDDODD
Uses:
a) DDDDuDDDDDDDDDDDDDLJDDD
Beauty/Barb
er Shop
lib) Cafes IDDDOCDDDDDDDDDDDC.DCEJODO
I~e~~:~ng DDDDDDDDDDDCDDDDDDc:JDDD
. l~~~~;:tail DDDDCDDDDDDDDDDDDEJ[:JDDD
Development Code Amendment
DRC2005-01003
Exhibit A
Ordinance