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HomeMy WebLinkAbout803 - OrdinancesORDINANCE NO. 803 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIAARBORS MASTER PLAN AMENDMENT DRC2007-00047, A REQUEST TO CHANGE THE PLAN FROM SCHOOL TO MIXED USE RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 8.79 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF VICTORIA PARK LANE AND LONG MEADOWS DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-171-29 AND 30. A. Recitals. 1. American Beauty Development Company filed an application for Victoria Arbors Master Plan Amendment No. DRC2007-00047, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Amendment is referred to as "the application." 2. On October 22nd, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2007-00047 and issued Resolution No. 08-59, recommending the City Council approve the above listed application. 3. On November 19, 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 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 19, 2208, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The application applies to approximately 8.79 acres of vacant land that slopes from north to south. Said property is currently designated as School; and b. The project site is currently zoned school and is within the Victoria Arbors Master Plan. The properties surrounding the site are also in the Victoria Arbors Master Plan and specifically identified as single-family residential development to the north and east in the Low-Medium Residential (4-6 dwelling units per acre) Density Residential District; single-family residential development to the south in the Low-Medium Residential (4-10 dwelling units per acre) Density Residential District; and Victoria Arbors Park and the wetlands to the west in the Park Density District; 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 manlier 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 Ordinance 803 Page 2 of 4 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 as the amendment will allow for the subdivision and future construction of 31 single-family detached residential units. Also the surrounding properties are residentially zoned, and this amendment will be a natural fit with those zones; 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 subdivision and future construction of 31 market rate single-family residential units on 8.79 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 residentially zoned and changing this district to Low-Medium Residential would allow for a natural transition between the zones; and h. That the proposed amendment is in conformance with the General Plan as the General Plan is in a Mixed Use Low 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 Arbors Master Plan Amendment is hereby amended to change the Development District Map 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 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, aMitigated 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. 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 independentjudgment and analysis of the City Council. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. Ordinance 803 Page 3 of 4 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 by the 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, 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 circulation published in the City of Ontario, California, circulated in the City of Rancho Cucamonga, California. Please see the following page for /ormal adoption, certification and signatures Ordinance No. 803 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 3rd day of December 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None M.D., Mayor ATTEST: anice C. Reynolds, Ci Clerk I, JANICE C. REYNOLDS, 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 19t" day of November 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3rd day December 2008. Executed this 4th day of December 2008, at Rancho Cucamonga, California. Janice C. Reynolds, City Jerk