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HomeMy WebLinkAbout04-348 - Resolutions (not approved) RESOLUTION NOT APPROVED RESOLUTION NO. 04- 348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT DRC2004-00272 FROM INDUSTRIAL PARK TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) ON THE WESTERLY 20.55 ACRES OF THE TOTAL 37.78 ACRES, AND WITH A MASTER PLAN DESIGNATION FOR THE ENTIRE SITE, ON PROPERTY GENERALLY BOUNDED BY CENTER AVENUE,ARROW ROUTE,26TH STREET,AND HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-092-04. A. RECITALS. (1) Lewis Investment Company filed an application for General Plan Amendment DRC2004-00272, 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 October 27, 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 04-114 recommending the subject application be denied. (3) On November 17, 2004,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 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, 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 17, 2004, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to the westerly 20.55 acres of the total 37.78 acres, basically a rectangle configuration, located on the east side of Center Avenue, between Arrow Route and 26'" Street, and is presently vacant. Said property is currently designated as Industrial Park; and Resolution No. 04-348 Page 2 of 4 b. The property to the north of the subject site is designated Medium- High Residential (14-24 dwelling units per acre) and is developed with apartments.The property to the west is designated Low-Medium Residential (4-8 dwelling units per acre)and is developed with single- family detached units. The property to the east is designated Industrial Park and is vacant. The property to the south is designated Low Residential (2-4 dwelling units per acre)and is developed with single-family detached units. C. This amendment does conflict with the Land Use Policies of the General Plan and will not provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does not promote 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 will not have a significant impact on the environment nor the surrounding properties. (3) Based upon the substantial evidence presented to the 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. That the subject property is not 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 not in conformance with the General Plan. (4) 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: a. That the Mitigated 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 Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Resolution No. 04-348 Page 3 of 4 Council; and,further, this City Council has reviewed and considered the information contained in said Mitigated 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 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 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 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 Council hereby recommends denial of General Plan Amendment DRC2004-00272. Resolution No. 04-348 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 17`h day of November 2004. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk 1, 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 17'h day of November 2004. Executed this 18'h day of November 2004, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk