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HomeMy WebLinkAbout623 - Ordinances ORDINANCE NO. 623 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING VICTORIA COMMUNITY PLAN AMENDMENT 00-01, CHANGING THE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE)TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 22.9 ACRES OF LAND LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 765 FEET WEST OF THE INTERSECTION WITH VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-881-01 A. RECITALS. 1. Charles Joseph Associates has filed an application on behalf of DR Horton and Mark Taylor Corporation for Victoria Community Plan Amendment 00-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Victoria Community Plan Amendment is referred to as "the application ." 2. On May 24, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on General Plan Amendment 00~01 B and recommended to the City Council that the associated general plan amendment be approved by the adoption of Resolution No. 00-49. 2,. On May 24, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recomrnended its approval by the adoption of Resolution No. 00-50. 4. On June 21,2000 the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on General Plan Amendment 00-01B and concluded said public hearing by adopting the general plan amendment. 5. On June 2'1,2000 the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on Victoria Community Plan Amendment 00-01. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. ORDINANCE. NOW, THEREFORE, it is herebyfound, determined, and ordained bythe 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, Part A, of this Resolution are true and correct. Page 2 of 5 2. Based upon the substantial evidence presented to this City Council during the above-referenced public hearing on June 21, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 22.9 acres of land, basically a rectilinear configuration, located on the nodh side of Base Line Road, approximately 765 feet west of Victoria Park Land, which is presently vacant. Said property is currently designated as Medium Residential (8-14 dwelling units per acre) within the Victoria Community Plan; and b. The property to the north of the subject site is an unused railroad right-of-way, and beyond that is Low-Medium Residential (4-8 dwelling units per acre), which is developed with a single-family neighborhood. The property to the west is designated Medium and is developed with a public storage facility. The property to the east is designated Medium-High Residential (14-24 dwelling units per acre) and Neighborhood Commercial and is developed with an apartment complex and a neighborhood retail center. The property to the south is designated High Residential (24-30 dwelling units per acre) and is developed with the historic Regina Winery; 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; and d. ThisamendmentdoespromotethegoalsandobjectivesoftheLand Use Element; and of the Victoria Community Plan, 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 I and 2 above, this Commission 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 use in the surrounding area by satisfying the minimum parcel size requirement for the land use designation and continuing the single-family residential development pattern along the north side of Base Line Road; and b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and Ordinance No. 623 Page 3 of 5 c. The proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby parcels of land. 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 Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration 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 independentjudgment ofthe Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the CityCouncil finds asfollows: 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 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-l-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 Commission hereby recommends approval of Victoria Community Plan Amendment No. 00-01 to change the land use designation to Low-Medium Residential (4-8 dwelling units per acre) within the Victoria Community Plan as shown on Exhibit "A" of this ordinance 6. The City Clerk shall certify to the adoption of this Ordinance. Ordinance No. 623 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 5th day of July. AYES: Alexander, Curatalo, Dutton, Williams NOES: None ABSENT: Biane ABSTAINED: None W am(a/. Alexander, Mayor ATTEST: I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby cedify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 21 .t day of June 2000, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 5th day of July 2000. Executed this 6th day of July 2000, at Rancho Cucamonga, California. Defbra J. Adams(.,G'MC, City Clerk VCPA 00-01 - Victoria Community Plan Land Use Map Low-Medium Residential [] VCPA Site VCP Land Use Designations ':~!:.~:" ~.: !!i~ I;::/j REGIONAL RELATED OFFICFJCOMMERCIAJ_ MEDIUM ~ MEDIUM HIGH RO Scale