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Home My WebLink About99-239 - Resolutions RESOLUTION NO. 99-239 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 99-04, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE MAP FOR APPROXIMATELY 20 ACRES OF LAND SOUTH OF THE INTERSTATE 15 FREEWAY AND WEST OF EAST AVENUE FROM MEDIUM RESIDENTIAL TO LOW-MEDIUM RESIDENTIAL, AND FOR APPROXIMATELY 20 ACRES OF LAND LOCATED ON THE EAST SIDE OF ETIWANDA AVENUE, 550 FEET NORTH OF FOOTHILL BOULEVARD, FROM LOW-MEDIUM RESIDENTIAL TO MEDIUM RESIDENTIAL, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1100-031-08, 1100-061-02 THROUGH 04, 1100-071-01 AND 02, AND 1100-151- 01 AND 02 A. RECITALS. 1. Overland Company has filed an application for General Plan Amendment 99-04 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On September 22, and continued to September 29, 1999, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. On November 3, 1999, 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 Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined, and resolved bythe City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on November 3, 1999, including written and oral staff reports, together with public testimony, this Councit hereby specifically finds as follows: Resolution No. 99-239 Page 2 of 6 a. The application applies to two areas, each with approximately 20 acres of land. Area 1 is basically a linear configuration which flanks the south side of the Interstate 15 freeway with frontage on East Avenue and is presently vacant. Area 2 is basically a rectangular configuration, located on the east side of Etiwanda Avenue, 550 feet north of Foothill Boulevard and is presently vacant. Said properties are currently designated as Medium Residential (8-14 dwelling units per acre) and Low-Medium Residential (4-8 dwelling units per acre), respectively; and b. The properties to the north of the subject sites are designated freeway and Low-Medium Residential, and contain a freeway and vacant land, respectively. The properties to the west are designated freeway and Low-Medium Residential, and contain a freeway and vacant land, respectively. The properties to the east are within the City of Fontana and are vacant. The properties to the south are designated Low-Medium Residential and Commercial, respectively, and contain vacant land and a residence, a retail store, and vacant land, respectively. 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. This amendment promotes the goals and objectives of the Land Use Element; 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 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. That the subject property is suitabte for the uses permitted in the proposed district in terms of access; size, and compatibility with existing land use in the surrounding area. A Low-Medium Residential designation is proposed in Area 1, consistent with the other Low- Medium districts abutting the Interstate 15 Freeway in the Etiwanda Area. The proposed Low-Medium designation was shown in the Master Plan for approved Tentative Tract 15711 to depict circulation and a potential subdivision design. A Medium Residential designation is proposed in Area 2 adjoining a commercial corridor to provide support for businesses, public transit, and to create viable activity centers. Area 2 is shown on the Etiwanda Specific Plan Concept Plan of "Relative Land Use Intensities" as an appropriate site for higher land use intensities because of the proximity to major traffic and commercial corridors. The proposed Medium designation Resolution No. 99-239 Page 3 of 6 in Area 2 is consistent with the existing property lines and contains ample frontage along Etiwanda Avenue, with secondary access available to the north in approved Tentative Tract Map 15711. The property configurations in Area 2 provide opportunity for a coordinated, appropriately designed Medium density project compatible with the nearby Foothill Boulevard commercial corridor; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties. The General Plan currently designates Area 1 as Medium Residential (8-14 dwelling units per acre) and Area 2 as Low-Medium Residential (4-8 dwelling units per acre). The proposed project exchanges land use designations of two undeveloped 20-acre sites. This equal exchange of land use designations is intended to be "density neutral" with no changes in the number of dwelling units designated for the Etiwanda Specific Plan; and ¢. That the proposed amendment is in conformance with the General Plan. 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 Councii 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 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-l-d) of Title 14 of the California Code of Regulations. Resolution No. 99-239 Page 4 of 6 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby approves Etiwanda Specific Plan Amendment 99-01, a request to change the Etiwanda Specific Plan Land Use Map for approximately 20 acres of land south of the Interstate 15 Freeway and west of East Avenue from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre); and for approximately 20 acres of land on the east side of Etiwanda Avenue, 550 feet north of Foothill Boulevard, from Low-Medium Residential (4-8 dwelling units per acre) to Medium Residential (8- 14 dwelling units per acre) as shown in the Exhibit "A." 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 3rd day of November 1999. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None ~illiam J. Ale./~ ~ ea-e'~, Ma~or" "' Al'rEST: ~a~CMC, City Clerk Resolution No. 99-239 Page 5 of 6 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 3rd day of November 1999. Executed this 4th day of November 1999, at Rancho Cucamonga, California. Resolution No. 99-239 Page 6 of 6 RANCHO AREA m m F-~- 1 ~ LU I 500' R. I ~C /I SPECl qC P N ~ / zo~ ~o~.~,~ ~,~ SITE PLAN