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HomeMy WebLinkAbout542 - Ordinances ORDINANCE NO. 542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 95-01 REMOVING FROM THE INDUSTRIAL AREA SPECIFIC PLAN LAND USE MAP 1.38 ACRES DESIGNATED INDUSTRIAL PARK (SUBAREA 17) LOCATED ON THE SOUTH SIDE OF MAIN STREET APPROXIMATELY 288 FEET EAST OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-062-01. A. Recitals. 1. The Northtown Housing Development Corporation has filed an application for Industrial 'Area Specific Plan Amendment No. 95-01 as described in the title of this Ordinance and in Exhibit "1" attached to this Ordinance. Hereinafter in this Ordinance, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On May 24, 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing, and on June 21, 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ResOlutiOn. NOW, THEREFORE, it is hereby found, determined, and resolved 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 May 24, 1995, and to this Council during the above-referenced public hearing on June 21, 1995, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 1.38 acres of land, basically a rectangular configuration, located on the south side of Main Street approximately 288 feet east of Archibald Avenue and is presently vacant and undeveloped. Said property is currently designated as Industrial Park (Subarea 17); and b. The property to the north of the subject site is designated Low Residential and is developed in-part with single family residences and in-part vacant and undeveloped. The property to the west is designated Industrial Park and is developed. The property to the east is designated Low Residential and is developed. The property to the south is designated General Industrial and is in-part railroad right-of-way, in-part vacant and undeveloped, and in-part developed with single family residences. Ordinance No. 542 Page 2 c. This amendment does not conflict with the Land Use Policies of the II,'_' :7 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 promotes 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. 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. That the subject property is suitable for the uses permitted in the proposed district 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 amendment 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 recommends adoption of a Negative Declaration based upon the findings as follows: a. 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. b.That, based on the environmental assessment, no significant adverse environmental effects will occur. 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 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-1-d) of Title 14 of the California Code of Regulations. Ordinance No. 542 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council approves Industrial Area Specific Plan Amendment No. 95-01 removing from the Industrial Area Specific Plan Land Use Map 1.38 acres designated Industrial Park (Subarea 17) located on the south side of Main Street approximately 288 feet east of Archibald Avenue (Exhibit 1 ). 6. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptlye legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 7. The Mayor shall sign this Ordinance and the City Clerk 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. 8. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, and ADOPTED this 19th day of July, 1995. AYES: Alexander, Biane, Curatalo, Gutierrez, Williams NOES: None ABSENT: None William J. A~,~/~der, Mayor ATTEST: Debra J. Adams, ,~C, Ci~ 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 5th day of July, 1995, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of July, 1995. Executed this 20th day of July 1995, at Rancho Cucamonga, California. Debra J. Adams, CMG~, City Clerk mOT~LL Figure III- 1 ' u.&u.n.l,. ' ~/~- ' .... : , __ DISTRICT \ .... I PARK eST. ~ ........ 4,, ~! B GENERAL INDUSTRIAL ,-,. , . ~ i I I MINIMUM IMPACT CITY OF RANCHO CUCAMONGA gg~ HEAVY INDUSTnIAL ITEM: I _(: '1:> A q ~"- 0 ~ ' ' 0 TITLEL ~ l lp i~'X ~-.-C~' FP ~ ~ _c3:. _ .-~ ---: ::] F.X! !!!}iT: II /, SCALE: ,_ ~_ ~, = n .-.OZ