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HomeMy WebLinkAbout617 - Ordinances ORDINANCE NO. 617 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 99-05, A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT DESIGNATION FOR A SINGLE PARCEL '1.6 ACRES IN SIZE FROM INDUSTRIAL PARK (SUBAREA 16) IN THE INDUSTRIAL AREA SPECIFIC PLAN TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE), LOCATED BETWEEN FOURTH AND SIXTH STREETS ON THE WEST SIDE OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 2'10-062-10 A. RECITALS. 1. The City of Rancho Cucamonga has filed an application for Development District Amendment 99-05 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development District Amendment is referred to as "the application." 2. An Environmental Impact Report was prepared for the Cucamonga Cornerpointe residential development and was certified by the City Council on November 20, 1996. The Environmental Impact Report analyzed the impacts associated with the conversion of the entire block from Industrial Park to Low- Medium Residential. 3. On October 13, 1999, the Planning Commission of the City of Rancho Cucamonga recommended approval of the associated General Plan Amendment 99-05C and Industrial Area Specific Plan Amendment 99-04 to change the Land Use Map from Industrial Park (Subarea 16) in the Industrial Area Specific Plan to Low-Medium Residential (4-8 dwelling units per acre) for the property located between Fourth and Sixth Streets on the west side of Archibald Avenue; and also remove said property from the Industrial Area Specific Plan (Subarea 16). 4. On October 13, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 5. On November 3, 1999, the City Council of the City of Rancho Cucamonga approved the associated General Plan Amendment 99-05C and Industrial Area Specific Plan Amendment 99-04 to change the Land Use Map from Industrial Park (Subarea 16) in the Industrial Area Specific Plan to Low-Medium Residential (4-8 dwelling units per acre) for the property located between Fourth and Sixth Streets on the west side of Archibald Avenue; and also removed said property from the Industrial Area Specific Plan (Subarea 16). 6. On November 3, 1999, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. Ordinance 617 Page 2 7. 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. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Pad A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this City Council during the above-referenced public hearing on November 3, 1999, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The application applies to a single parcel of land totaling approximately 1.6 acres, with rectangular shape, located between Fourth and Sixth Streets on the west side of Archibald Avenue and is improved with residential structures. Said property is currently designated as Industrial Park (Subarea 16) in the Industrial Area Specific Plan; and b. ThepropertynorthofthesubjectsiteisdesignatedlndustriaIPark(Subarea 16) in the Industrial Area Specific Plan and is vacant. The property to the west is designated Low- Medium Residential (4-8 dwelling units per acre) and is to be developed with the Cucamonga Cornerpointe residential project. The property to the east is designated General Industrial (Subareas 4 and 5) in the Industrial Area Specific Plan and is improved with industrial uses. The property to the south is designated as Industrial Park (Subarea 16) in the Industrial Area Specific Plan and is currently vacant; and c. ThisamendmentdoesnotconflictwiththeLandUsePoliciesoftheGeneral 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 99-05C and Industrial Area Specific Plan Amendment 99-04; 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. 3. Based upon the substantial evidence presented to this City Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this City 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 Ordinance 617 Page 3 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 99-05C. 4. Based upon the facts and information contained in the proposed 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 Negative Declaration attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this City Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. The Negative Declaration does not identify any significant environmental effects that will result if the project is approved. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and 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 Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this City Council hereby approves Development District Amendment 99-05 to change the zoning designation for the subject properties to Low-Medium Residential (4-8 dwelling units per acre), as shown on the attached Exhibit "A." 6. The City Clerk shall certify to the adoption of this Ordinance. Please See the Next Page for the Formal Adoption and Official Signatures Ordinance 617 Page 4 PASSED, APPROVED, AND ADOPTED this 17th day of November, 1999. AYES: Williams, Biane, Dutton NOES: None ABSENT: Alexander, Curatalo ABSTAINED: None ATTEST: Dg~ra~J. Adam'sc~MC, City Clerk I, DEBRA J. ADAMS, 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 3~d day of November, 1999, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of November, 1999. Executed this 18th day of November, 1999, at Rancho Cucamonga, California. Ordinance 617 Page 5 .~J . -- ....,,.~.. ~ -.:~,-...\::: ,<...; =.:",., RESIDENTIAL - . :SPECIFIC PLANS .. .- ~ ' LOW-MEDIUM 4-e nU/~,(= · - · · FOOTHILL SPECIFIC PLAN .' I'~ MEDIUM 8-'~4 ~ MEDIUMSHIGH 14.-a'4 HIGH 24-30