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Home My WebLink About787 - OrdinancesORDINANCE NO. 787 AN ORDINANCE OF -THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2007-00581, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM MEDIUM RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR 0.40 ACRE OF LAND, LOCATED AT 7388 CARNELIAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-022-07 A. RECITALS. 1. On December 12, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development District Amendment DRC2007-00561 and, following the conclusion thereof, adopted its Resolution No. 07-71, recommending that the City Council of the City of Rancho Cucamonga approve the Development District Amendment. 2. On December 12, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment application and issued Resolution No. 07-70, recommending that the City Council of the City of Rancho Cucamonga approve the General Plan Amendment DRC2007-00560. 3. On February 6, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment DRC2007-00560 and issued Resolution No. 07-034, approving the associated General Plan Amendment. 4. On February 6, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on Development District Amendment DRC2007-00561. 5. All legal prerequisites prior to the adoption of this Ordinance 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 substantial evidence presented to the City Council during the above-referenced public hearing on February 6, 2008, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: Ordinance No. 787 Page 2 of 5 a. The application applies to approximately 0.40 acre of developed land, basically a rectangular configuration, located at 7388 Carnelian Street and is presently developed with a medical and professional office building. Said property is currently designated as Medium Residential; and b. The properties to the north and west of the subject site are designated Neighborhood Commercial; the property to the west is designated Neighborhood Commercial; and the property to the east is designated Office Professional. The property to the south is designated Medium Residential; and 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 by allowing the existing commercial uses on the property to continue operation and serve the surrounding community. SECTION 3: 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, 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, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. 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 Ordinance No. 787 Page 3 of 5 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 City Council 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 4: The Development District Map is hereby amended to change from Medium Residential to Neighborhood Commercial for approximately 0.40 acre of land, located at 7388 Carnelian Street, in words and figures, as shown in the attached Exhibit "A." 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 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 it would 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. 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, and circulated in the City of Rancho Cucamonga, California. Ordinance No. 787 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 20"' day of February 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None M~ti I.-- J. Kurth~D., Mayor ATTEST: L~-Gl..6LY~~ Debra J. s, 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 6`h day of February 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20t"day February 2008. Executed this 215` day of February 2008, at Rancho Cucamonga, California. Debra J. A m MC, City Clerk Ordinance No. 787 Page 5 of 5 z a a W !- ~ ~ O r L1y Lt's O O O O N N ~ ~ 0 ~ Z Z W W ~ ~ W W as Z J ~ a ,.I tf? W F- Z Z W W ~. 0 W D EXHIBIT - A W V 0 0 != W H Z Q J W U M W U a aa_ ~U O~ ~~ 00 ~ "O J V Q ^ ~O ^_ N~ W~ ~m ~~_ ~ W ^Z W ~ ~ W ~Z Wp ZN O~ NZ 00 aZ C~ ~ w w° ^y W ~ t/1 ^ ^Q ZJ J W ZO ~a ~O ~C ~ wa