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