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Home My WebLink About817 - OrdinancesORDINANCE NO. 817 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2009-00452 A REQUEST TO AMEND SECTION 17.14.040.F. TO CLARIFY THAT THE VICTORIA GARDENS MASTER PLAN SHALL CONTROL THE DEVELOPMENT PROCESS IN THE VGMP AREA FOR THE VICTORIA GARDENS REGIONAL MIXED USE LIFESTYLE CENTER, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2009-00452, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Text Amendment is referred to as "the application." 2. On June 24, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Text Amendment and, following the conclusion thereof, adopted its Resolution No. 09-23, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Text Amendment DRC2009-00452. 3. On July 15, 2009, the City Council of the City of Rancho Cucamonga conducted a duly-noticed public hearing on the application. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Findings. Based upon substantial evidence presented to the City Council during the above-referenced public hearing on July 15, 2009, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. As shown and attached hereto as Exhibit "A", the application proposes changing Section 17.14.040.E of the Development Code; and c. The proposed Development Code Text Amendment will not have a significant impact on the environment. 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, this Council hereby finds and concludes as follows: a. The proposed Development Code Text 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 b. The proposed Development Code Text Amendment does promote the goals and objectives of the Development Code, and; c. The proposed Development Code Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City certified an Environmental Impact Report (EIR) on May 6, 2009 in connection with the City's approval of the Victoria Gardens Master Plan Amendment. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The City Council finds, in connection with the Development Code Text Amendment that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The Development Code Amendment will clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. The Master Plan Amendments were approved by the City Council on May 6, 2009 for the Victoria Gardens Mixed Use Lifestyle Center. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed amendments and impacts were thoroughly analyzed in the Supplemental Environmental Impact Report and the Development Code Amendment is to clarify in the Development Code that the Victoria Gardens Master Plan shall control the development process in the VGMP area. c. Based on these findings and all evidence in the record, the City Council concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Development Code Text Amendment. Ordinance No. 817 -Page 2 of 5 d. The custodian of records for the Initial Study, Supplemental Environmental Impact Report, 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. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this City Council hereby approves Development Code Text Amendment DRC2009-00452, 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. 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 /allowing page /or /ormal adoption, certl/icatlon and signa[ures Ordinance No. 817 -Page 3 of 5 PASSED, APPROVED, AND ADOPTED this 5'" day of August 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: ice C. Reynolds, City Jerk 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 15~" day of July 2009, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5"' day of August 2009. Executed this 6'" day of August 2009, at Rancho Cucamonga, California. ice C. Reynolds, City Jerk Ordinance No. 817 -Page 4 of 5 Exhibit A Text Amendments to the Development Code Section 17.14.040 Adopted Planned Communities, Section F is hereby amended to read as follows: "Development within the planned communities is subject to the review process as contained in Chapters 17.04 and 17.06 unless the text of the applicable community plan provides otherwise." Ordinance No. 817 -Page 5 of 5