Loading...
HomeMy WebLinkAbout773 - OrdinancesORDINANCE NO. 773 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-01008, CHARLES JOSEPH ASSOCIATES - A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT FROM INDUSTRIAL PARK (SUBAREA- 7), TO GENERAL COMMERCIAL (TO REFLECT THE CURRENT GENERAL PLAN DESIGNATION OF GENERAL COMMERCIAL), LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE, APN: 0229-021-31 AND 32; AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. Charles Joseph Associates filed an application for Development District Amendment DRC2005-01008, 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 January 24, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development District Amendment and applications and issued Resolution No. 07-04, recommending to the City Council that Development District Amendment DRC2006-0108 be approved. 3. On March 7, 2007, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, it is herebyfound, 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 the substantial evidence presented to this Council during the above-referenced public hearing on January 24, 2007, including written and oral staff reports, togetherwith public testimony, this Council hereby specificallyfinds as follows: a. The application applies to the property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and Ordinance No. 773 Page 2 of 4 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 in the area; and d. 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; and e. 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 herebyfinds 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 ofthe Development Code, and; 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 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 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 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 thereunder; 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. Ordinance No. 773 Page 3 of 4 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 that are listed in the Mitigation Monitoring Program. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves Development District Amendment DRC2005-01008 to amend the District Maps in Section 17.30.030 - A and 17.30.080 -I of the Development Code in this Ordinance and including the condition shown below. Planning 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. 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 itwould have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation 6. The City Clerk shall certify to the adoption of this Ordinance. Please see the /ollow/ng page /or /ormal adopf/on, certi/icai/on and signatures Ordinance No. 773 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 21 ~~ day of March 2007. AYES: Gutierrez, Kurth, Michael, Spagnolo NOES: None ABSENT: Williams ABSTAINED: None ATTEST: ~A/]d J Debra J. a s, C, ity 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 7`h day of March 2007, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 21 ~` day March 2007. Executed this 22nd day of March 2007, at Rancho Cucamonga, California. Debra J. Ad m CMC, City Clerk