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Home My WebLink About783 - OrdinancesORDINANCE NO. 783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-00523, A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT MAP FROM MEDIUM RESIDENTIAL TO LOW-MEDIUM RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 2.17 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE AND SOUTH OF 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0202-131-27, 61 AND 62 A. RECITALS. Creative Design Associates filed an application for Development District Amendment No. DRC2005-00523, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development District Amendment is referred to as "the application." 2. On October 10th, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2005-00523 and issued Resolution No. 07-58, recommending the City Council approve the above listed application. 3. On November 7, 2007, the City Council of the City of Rancho Cucamonga cohducted a duly noticed public hearing on this application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This 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: Based upon the substantial evidence presented to this City Council during the above-referenced public hearing on November 7, 2007, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The application applies to approximately 2.17 acres of vacant land that slopes from north to south. Said property is currently designated as Medium Residential; and b. The properties to the north and west of the subject site are developed with a mobile home park, the properties to the south are developed with single-family homes, and the property to the east is developed with apartments; and Ordinance No. 783 Page 2 of 6 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 related development; and d. This amendment does promote 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; and f. 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 g. That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties; and h. That the proposed amendment is in conformance with the General Plan. SECTION 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, the Development District Amendment is hereby amended to change the Development District Map in words and figures as shown in the attached Exhibits A and B. SECTION 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 a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. Ordinance No. 783 Page 3 of 6 b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared _ „ _,, ~ pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 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 bythe decision of any court of competentjurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portion of this Ordinance, The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, orwords thereof, regardless of the fact that any one or more section, subsections, clauses, phrases orwords might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 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, circulated in the City of Rancho Cucamonga, California. Ordinance No. 783 Page 4 of 6 PASSED, APPROVED, AND ADOPTED this 5`h day of Decmber 2007. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: ~~t e ra J. Ada , 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 7`h day of November 2007, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5`h day December 2007. Executed this 6`"day of December 2007, at Rancho Cucamonga, California. Debra J. Adams, C, City Clerk Ordinance No. 783 Page 5 of 6 Development District Amendment DRC2005-00523 (Existing Zoning) EXNIBITi A a L Q Victoria St Monte Vista St Ordinance No. 783 Page 6 of 6 Development District Amendment DRC2005-00523 (Proposed Zoning) EXHIBITi B A, B, Q L Q Monfe Vista St Victoria St