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HomeMy WebLinkAbout573 - OrdinancesORDINANCE NO. 573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 96-03, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN DEVELOPMENT DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 12.4 ACRES OF LAND SOUTH OF HIGHLAND AVENUE, EAST OF WOODRUFF PLACE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-26. A. RECITALS. 1. Citation Homes has filed an application for Victoria Community Plan Amendment No. 96-03, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Victoria Community Plan Amendment is referred to as "the application." 2. On February 26, 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing on that date. 3. On April 2, 1997, 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. 4. All legal prerequisites prior to the adoption of this Resolution 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: 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. 2. Based upon substantial evidence presented to the Planning Commission during the above-referenced public hearing on February 26, 1997, and to the City Council during the above referenced hearing on April 2, 1997, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: Ordinance No.573 Page 2 a. The application applies to approximately 12.4 acres of property located south of Highland Avenue, east of Woodruff Place; and The property to the north of the subject site is designated Low-Medium Residential within the Caryn Planned Community and the property is developed with single family residences. Immediately to the north is the right-of-way for the future Foothill Freeway, which is presently vacant. The property to the west is designated Village Commercial and developed with a neighborhood commercial shopping center. The property to the east is designated Low-Medium Residential and is developed with a single family residential subdivision. The property to the south is designated Low-Medium Residential and is developed with a neighborhood park and an elementary school. 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 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. 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: That the subject property is suitable for the modifications permitted by the proposed amendment in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed arnendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed 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 Negative Declaration based upon the findings as follows: Ordinance No.573 Page 3 That the 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 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 Negative Declaration with regard to the application. That based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. 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 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 substantial evidence contained in the 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-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby approves Victoria Community Plan Amendment No. 96-03. 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 7th day of May, 1997. AYES: NOES: ABSENT: Alexander, Biane, Curatalo, Gutierrez None Williams William J. AI/~xander, Mayor Ordinance No.573 Page 4 ATTEST: Debra J. Adarffs, CMC, City Clerk 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 2nd day of April, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of May, 1997. Executed this 8th day of May, 1997, at Rancho Cucamonga, California.