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HomeMy WebLinkAbout649 - OrdinancesORDINANCE NO. 649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 98-01, CHANGING THE ZONING FROM OFFICE PROFESSIONAL TO MIXED USE FOR APPROXIMATELY 27 ACRES OF LAND LOCATED AT THE NORTHWEST QUADRANT OF ETIWANDA AVENUE AND CHURCH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-171-11, 12- AND 25. A. Recitals. 1. American Beauty Development Co. filed an application for Etiwanda Specific Plan Amendment 98-01, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Etiwanda Specific Plan Amendment is referred to as "the application." 2. Only July 7, 1999, the City Council of the City of Rancho Cucamonga adopted Resolution 99-148, certifying the Final Environmental Impact Report (EIR) for the application. 3. On June 9, 1999, and continued to July 14, and September 22, 1999, the Planning Commission conducted a duly noticed public hearing on the application. 4. On September 22, 1999, the applicant requested that his application be placed on hold indefinitely. 5. On August 30, 2000, the applicant resubmitted essentially the same application to the City. 6. On November 8, 2000, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing and concluded said hearing on that date. 7. On December 20. 2000, the Council of the City of Rancho Cucamonga held a duly noticed public hearing and concluded said hearing on that date. 8. 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: 1. This Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on December 20, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: Ordinance No. 649 Page 2 of 5 a. The application applies to approximately 27 acres of land, located at the northwest quadrant of Etiwanda Avenue and Church Street, and is presently undeveloped. Said property is currently designated as Office Professional; and b. The property to the north of the subject site is designated LowMedium Residential and Office Professional, and is partially undeveloped and partially developed with a temple. The property to the west is designated Low-Medium and Medium-High Residential, and is undeveloped The property to the east is designated Office Professional within the Etiwanda Specific Plan, and is partially undeveloped and partially developed with office building. The property to the south is designated Regional Related Office/Commercial and is undeveloped. c. The applicant contemplates changing the subject site to Mixed Use. d. 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 F~n and with related development; and e. This amendment does promote the goals and objectives of the Land Use Element; and f. 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 Council during the above- reference 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. 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; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Council hereby approves Etiwanda Specific Plan Amendment 98-01, changing the land use from Office Professional to Mixed Use, subject to the following conditions: Planning Division 1) A Master Plan shall be submitted for Planning Commission review and approval prior to or at the time of submittal of the first residential development. Ordinance No. 649 Page 3 of 5 2) The Master Plan shall show lot design that complies with the development and design standards contained in the Etiwanda Specific Plan. 3) Provide illustrations of plotting of housing product for lots along Etiwanda Avenue. 4) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for the Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. Environmental Miti~lation 1) Summary of Impacts and Mitigation contained in the Final EIR entitled "Final EIR for GPA 98-02, VCPA 98-01, and ESPA 98-01" shall apply except Mitigation Measures 4.7.3A, 4.7.3B and 4.7.3D. 2) Mitigation Monitoring Program contained in the Final EIR entitled "Final EIR for GPA 98-02, VCPA 98-01, and ESPA 98-01" shall apply except Mitigation Measures 4.7.3A, 4.7.3B and 4.7.3D. 5. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published with 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. AYES: NOES: None ABSENT: Curatalo ABSTAINED: None PASSED, APPROVED, AND ADOPTED this 3~d day of January 2001. Alexander, Biane, Dutton, Williams W" . , /" Or ~ Ordinance No. 649 Page 4 of 5 ATTEST: I, DEBRA J. ADAMS, CITY CLERKof 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 20"~ day of December 2000, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 3rdday of January 2001. Executed this 4th day of January 2001, at Rancho Cucamonga, California. Ordinance No. 649 Page 5 of 5 PROPOSED LAND USE FOR VICTORIA ARBORS -~,1 \ -.J __ / 0 (ESP) ~ H FOOTH LL ARRDW LEGEND H= High Residential LM = Low-Medium Residential M = Medium Residential MH = Medium-High Residential MU = Mixed Use OS = Open Space RC = Regional Center RR = Regional Related Commercial VC = Village Commercial GPA 98-02 VCPA 98-01 ESPA 98-01 I~X'HIRIT 'A'