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HomeMy WebLinkAbout99-095 - ResolutionsRESOLUTION NO. 99-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 99-01, A PROPOSAL TO CHANGE TO THE GENERAL PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM (4-8 DWELLING UNITS PER ACRE), FOR 17.85 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND LEMON AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-272-17 AND 18. RECITALS. 1. The City of Rancho Cucamonga Planning Commission has authorized the filing of an application for General Plan Amendment No. 99-01 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 March 10, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval to the City Council. 3. On April 21, 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 by the 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 April 21 1999, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to two parcels of land totaling approximately 17.85 acres, basically a rectilinear configuration, located near the northeast corner of Highland and Lemon Avenues and is presently vacant. Said properties are currently designated as Medium Residential (8-14 dwelling units per acre); and Resolution No. 99-095 Page 2 b. The properties to the north of the subject site are designated Low-Medium Residential (4-8 dwelling units per acre) and are vacant. The property to the west is designated Low-Medium Residential (4-8 dwelling units per acre) and is developed with a single family residential project. The property to the east is designated Low-Medium Residential (4-8 dwelling units per acre) and is vacant with a concrete flood control channel. The property to the south, on the south side of Highland Avenue, is designated as Low-Medium Residential (4-8 dwelling units per acre) and is developed with a single family residential project; 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. 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. 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 suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land uses in the surrounding area as evidenced by the Conceptual Master Plan for a single family residential development exhibited in the previous Vesting Tentative Tract 13890 application; 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 by the adoption of this land use amendment application. 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 them 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: Resolution No. 99-095 Page 3 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 Council 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 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. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby approves General Plan Amendment No. 99-01 to change the General Plan Land Use Map 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 Resolution. PASSED, APPROVED, AND ADOPTED this 21st day of April, 1999. Alexander, Biane, Curatalo, Dutton, Williams AYES: NOES: None ABSENT: None ABSTAINED: None Resolution No. 99-095 Page 4 ATTEST: Debra J. Adams,~:~MC, City Clerk 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 21st day of April, 1999. Executed this 22nd day of April, 1999, at Rancho Cucamonga, California. Debra J. ^dams,~=~l~IC, City Clerk Resolution No. 99-095 Page 5 RESIDENTIAL C OM ME RCIAL/OFFIC E I----J VERY LOW <2 DU's/AC .........;:~ LOW 2-4 DU's/AC [ I LOW- MEDIUM 4-8 DU's/AC .-.....::~ MEDIUM 8-14 DU's/AC :::~:~ MEDIUM-HIGH 14-24 DU's/AC _~:'.:::.:.'~-3 ~ HIGH 24-30 DU's/AC ® MASTER PLAN REQUIRED COMMERCIAL COMMUNITY COMMERCIAL NEIGHBORHOOD COMM. REGIONAL COMMERCIAL OFFICE CITY OF FIANCHO.CUCAMONGA PLANNING;DIVISION Project: Title: Exhibit: Dale: 3,/, °,/??