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HomeMy WebLinkAbout801 - OrdinancesORDINANCE NO. 801 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00161, A REQUEST TO AMEND LAND USE PLAN (FIGURE III-17) DESIGNATION OF 14.73 ACRES OF UNDEVELOPED LAND IN THE TERRA VISTA PLANNED COMMUNITY AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND CHURCH STREET FROM OFFICE TO APPROXIMATELY 11.83 ACRES OF MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND 2.90 ACRES OF NEIGHBORHOOD COMMERCIAL; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1077-422-01, 46, AND 93. A. Recitals 1. On September 24, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Terra Vista Community Plan Amendment DRC2008-00161 and, following the conclusion thereof, adopted its Resolution No. 08-46, recommending that the City Council of the City of Rancho Cucamonga adopt said Amendment. 2. On November 5, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Terra Vista Community Plan Amendment DRC2008-00161. 3. 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 November 5, 2008, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. 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 b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; grid c. That the proposed amendment is in conformance with the General Plan. SECTION 3: The Terra Vista Community Plan, is hereby amended to change the Land Use Plan (Figure III-17) designation of 14.73 acres of undeveloped land in the Terra Vista Planned Community at the southeast corner of Haven Avenue and Church Street from Office to approximately 11.83 acres of Medium-High Residential (14-24 Dwelling Units Per Acre) and 2.90 acres of Neighborhood Commercial, including a Master Plan requirement designation, in words and figures, as shown in the attached Exhibit "A". Ordinance No. 801 Page 2 of 3 SECTION 4: Terra Vista Planned Community Land Use Plan (Figure III-17), is hereby amended to include a Conceptual Master Plan, as shown in Exhibit "B". SECTION 5: 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. a. 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 Planning Commission therefore is forwarding the proposed Negative Declaration to the City Council for their final consideration as the adoption will reflect the independent judgment and analysis of the City Council. Based on their initial findings, the Planning Commission hereby recommends adoption of the Negative Declaration by the City Council. b. 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. c. 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 6: 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 7: 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. Please see the /ollowing page /or /ormal adop[ion, certi/ication and signatures Ordinance No. 801 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 19"' day of November 2008. AYES: Gutierrez, Kurth, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None onal .Kurth, M.D., Mayor ATTEST: I L ~~_ Kathr .n L. S tt, CMC, Acting City 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 Council of the City of Rancho Cucamonga held on the 5`" day of November 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 19`h day November 2008. Executed this 20th day of November 2008, at Rancho Cucamonga, California. ~! Kathr ,n L. Sc~ tt, CMC; Acting City Clerk