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HomeMy WebLinkAbout607 - OrdinancesORDINANCE NO. 607 AN ORDIINANCE OF THE CI!TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING D,EVELOPMENT DliSTRICT AMENDMiENT 99,02, A PROPOSAL TO CHANGE T'HE DEVELOPMENT 'Di:STRICT DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELMNG UN.ITS PE!R ACRE) TO LOW*MEDIU'M RESilDENTI=A;L (4-8 DW~ELLI'NG U'NITS PER ACRE), FOR APPROXlIMATEiLY 5.1 ACRIES.OF LAND, LOCATED ON THE SOUTHEAST CORN.ER 'OF H!ERMOSA AVENUE AND 1;9THSTREET, AND MAKING!Fli!NOilNG,Si IN SUiPPORT THEREOF - APN:107'6-111-09. RECITALS. 1. The applicant, Curry Brandaw Architects, has filed an application for Development District Amendment No. 99-02 as described in the title of this Ordinance. Hereinafter in this Ordi,,nence, the subject Development District Amendment is referred to as "the application." 2. On May 12, and June 9, 1999, the Planning Commission of the City of Rancho Cucamonga recommended approval of the associated General Plan Amendment No. 99-02 to change the Land Use Map from Low Residential (2-4 dwelling units per Acre) to Low-Medium Residential (4-8 dwelling units per acre) for the property located at the southeast corner of Hermosa Avenue and 19th Street. 3. On May 12, and June 9, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on this application. 4. On August 18, 1999, the. City Council of the City of Rancho Cucamonga approved the associated General Plan Amendment No. 99-02 to change the General Plan Land Use Map from Low Residential (2-4 dwelling units per acre) to Low~Medium Residentia.~l (4-8 dwelli~.ng units per acre) for property located at the southeast corner of 19th Street and Carne.~ian Avenue. 5. On July 7, and continued to August 4, and August 18, 1999, the City Council of the City of Rancho Cucamon.ga conducted a duly noticed: public hearing on the application. 6. All leg.al prerequisites prior to the adoption of this Ordinance have occurred. am ORD.INANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referen, ced public hearing on July 7, August 4, and August 18, 1999, including written and orat staff reports, together with public testimony, this Council hereby specifically finds as follows: Ordinance No. 607 Page 2 a. The application applies to a single parcel of land totaling approximately 5.1 acres, with a rectangular shape, located on the southeast corner of Hermosa Avenue and 19th Street and is presently improved with a single family house and citrus groves. Said property is currently designated as Low Residential (2-4 dwelling units per acre); and b. The properties to the north of the subject site are designated Low-Medium Residential (4-8 dwelling units per acre) and are improved with a single family resi,dential~ project. The property to the west is designated Low Residiential (2-4 dwelling units per acre) and is developed with a single family residential project. The property to the east is designated Low Residential (2-4 dwelling units per acre) and is improved with a single family home. The properties to the south are designated as Open Space and are developed with a park and school; 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 upon the approval of General Plan Amendment; and d. This amendment promotes the goals and objectives of the Development Code; and 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. 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 subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land uses in the surrounding area; and b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. The proposed amendment is in conformance with the General Plan by the adoption of General Plan Amendment 99-02. 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: Ordinance No. 607 Page 3 m a. That the Mitigated Negative Declaration has been prepared in compliance with the Cal:ifornia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative D.eclaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mi~tigated Negative Declaration identifies certain sig. nifica:nt environmental effects that will result if the project is approved, all, significant! effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code o.f Regulations, the Planning Commission finds as foll;ows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission: during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Titlie 14 of the California Code of Regulations. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby approves Development District Amendment 99-02 to change the Development District Map for the subject properties to Low- Medium Residential (4-8 dwelling units per acre), as shown on the attached Exhibit "B." 6. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this l~t day of September, 1999. Alexander, Biane, Curatalo, Dutton, Williams AYES: NOES: None ABSENT: None ABSTAINED: None William/~Atexander, Mayor Ordinance No. 607 Page 4 ATTEST: Debra J. Ada~'r~, CMC, Ci=ty Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was ori.gina~ly introduced at a regular meeting of the Council of the City of Rancho Cucamo.n,ga held on the 7th day of Ju~y, 1999, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of September, 1999. Executed this 2nd day of September, 1999, at Rancho Cucamonga, California. ~)~el~ra ,~.-~'~'rr~_,MC, City Clerk Ordinance No. 607 Page 5 EXHIBIT "B" ~p NC SUBJECT SITE FROM LOW RESIDENTIAL TO LOW-MEDIUM RF~ID~T~ CITY OF RANCHO CUCAMONGA DEVELOPiMENT DISTRICT MAP I H ,,,! VERY LOWz2'DU/AC LOW 2-4 DU/AC LOW-MEDIUM 4-8 DU/AC 8-14 DU/AC MEDIUM-HIGH 14-24 DU/AC HIGH 24-30 DU/AC