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Home My WebLink About799 - OrdinancesORDINANCE NO. 799 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447, A REQUEST TO CHANGE THE PLAN FROM VILLAGE COMMERCIAL TO MEDIUM RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 4.79 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN• 1089-581-01. A Recitals 1 Charles Joseph and Assoaates filed an application for Victoria Community Plan Amendment No DRC2006-00447, as described in the title of this Resolution Hereinafter in this Resolution, the subject Amendment is referred to as "the application " 2 On August 27th, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2006-00447 and issued Resolution No 08-39, recommending the City Councl approve the above listed application 3 On October 1, 2008, the City Council of the City of Rancho Cucamonga conducted 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 Rentals, 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 October 1, 2008, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows a The application applies to approximately 4 79 acres of vacant land that slopes from north to south Said property is currently designated as Village Commercial, and b The protect site is currently zoned Village Commercial and is within the Victoria Community Plan (VCP) The properties surrounding the site are also in the VCP and specifically identified as single-family residential development to the east and west in the Low-Medium Density Residential District, condominiums to the north in the Medium-High Residential District, and a small commeraal retail center to the immediate south/southeast in the Village Commercial District Further south, across Base Line Road, is the Filippi Winery in the High Density Residential District, and Ordinance No 799 Page 2 of 4 c This amendment does not conflict with the Land Use Policies of the General Plan and will provide for developmentwithin the district in a manner consistentwith the General Plan and with related development, and d This amendment does promote the goals and objectives of the Land Use Element by opening additional opportunities for families to have a choice of living environments and creates a natural transition between the Low Medwm Residential District to the west and the Village Commercial District to the west, and e This amendment would not be materially injurious or detrimental to the adtacent properties and would not have a significant impact on the environment, nor the surrounding properties as the amendment will allow for the construction of 67 condominwm units with amenities and exceeds the Development Code Standards for parking Also the surrounding properties are either residentially or commercially zoned, and this amendment will allow for a natural transition between the zone, 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 The amendment allows for the construction of 67 market rate condominiums on 4 79 acres of land and this zone change is compatible with the developments in the surrounding districts, and g That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties as the adjacent properties are either residentially or commercally zoned and changing this district to Medium-Residential would allow for a natural transition between the different zones, and h That the proposed amendment is in conformance with the General Plan as the General Plan is also in a Medium Residential District 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 Victoria Community Plan Amendment is hereby amended to change the Victoria Community Plan in words and figures as shown in the attached Exhibit A 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 Councl finds that there is no substantial evidence that the protect 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 799 Page 3 of 4 b The City Counal has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds (Q that the Mitigated Negative Declaration was prepared in compliance with CEQA, and (u) 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~udgment and analysis of the City Council Based on these findings, the City Counal hereby adopts the Mitigated Negative Declaration c The City Counal has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the regwrements 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 Clry Counal 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 Counal's deasion is based is the Planning Director of the City of Rancho Cucamonga Those documents are available for public rewew 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 by the deasion of any court of competent~urisdictlon, or preempted by legislative enactment, such deasion or legislation shall not affect the validity of the remaining portion of this Ordinance, The City Counal 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 section, 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 arculation published in the City of Ontario, California, arculated in the City of Rancho Cucamonga, California Please see the /ollow/ng page /or lormal adophon, certt6cahon and signatures Ordinance No 799 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 15'h day of October 2008 AYES. Gutierrez, Michael, Spagnolo, Williams NOES: Kurth ABSENT: None ABSTAINED: None ATTEST. ~',r-~l ,a~c~~6~f Kathryn L S tt, CMC, Acting Cdy Clerk I, KATHRYN L. SCOTT, ACTING CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Councl of the City of Rancho Cucamonga held on the 1 st day of October 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 15~h day October 2008 Executed this 16th day of October 2008, at Rancho Cucamonga, California i ~~~ULL~~--~~~ Kathryn L Scdtt, CMC, Acting City Clerk