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HomeMy WebLinkAbout539 - Ordinances ORDINANCE NO. 539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-04, AMENDING THE LAND USES WITHIN SUBAREA 17, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Cucamonga County Water District has filed an application for Industrial Area Specific Plan Amendment No. 94-04, as described in the title of this Resolution. Hereinagter in this Resolution, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On January 11, 1995, and the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the above-referenced amendment and, following conclusion thereof, adopted its Resolution No. 95-04, recommending that the City Council adopt this amendment. 3. On February 15, 1995, the City Council conducted and concluded a duly noticed public hearing concerning the subject amendment to the Industrial Area Specific Plan. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City ofRancho Cucamonga does hereby ordain as follows: SECTION 1: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council of the City of Rancho Cucamonga hereby finds that this amendment is established and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare; and more particularly: 1. That the proposed amendment is in conformance with the General Plan of the City ofRancho Cucamonga; and 2. That the proposed amendment is consistent with the Development Code of the City ofRancho Cucamonga; and 3. That the proposed 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 Ordinance No. 539 Page 2 4. That the proposed amendment will have no significant environmental impact; and 5. That the proposed amendment is consistent with the objectives of the Industrial Area Specific Plan. SECTION 3: 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: 1. 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 judgement of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. 2. That, based upon the standards of the Industrial Area Specific Plan, no significant adverse environmental effects will occur. 3. Pursuant to the provisions of Section 753.5 (c) of Title 14 of the California Code .i of Regulations, the City Council finds as follows: In considering the records 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. SECTION4: The Industrial Area Specific Plan text, Part IV, Subarea 17 Special Considerations, commencing on page IV-103, is hereby amended to add the following paragraph: The portion of Subarea 17 located on the east side of Center Avenue between Foothill Boulevard and Church Street is unique because it is because it is bounded on the north by a flood control basin and on the east by a flood control channel. The unusual shape of the area, as well as its proximity to residential areas, presents special site development constraints. In addition to those uses which are permitted or conditionally permitted within Subarea 17, Extensive Impact Utility Facilities may be permitted in this portion of Subarea 17, subject to a Conditional Use Permit and the special site planning and design considerations as described above. Ordinance No. 539 Page 3 SECTION 5: 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 preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 6: 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 ofRancho Cucamonga. PASSED, APPROVED, AND ADOPTED this 1st day of March, 1995. AYES: Alexander, Biane, Curatalo, Gutierrez, Williams NOES: None ABSENT: None Wlla ~ ~C'[~y/ ' i i m . ex er, a or ATTEST: 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 ofRancho Cucamonga held on the 15th day of February, 1995, and was finally passed at a regular meeting of the City Council of the City ofRancho Cucamonga held on the 1 st day of March, 1995. Executed this 2rid day of March, 1995, at Rancho Cucarnonga, California.