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HomeMy WebLinkAbout01-56 - Resolutions RESOLUTION NO. 01-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 00-05, A REQUEST TO AMEND THE CIRCULATION WITHIN THE INDUSTRIAL DEVELOPMENT DISTRICT, SUBAREA 5, TO ELIMINATE A PORTION OF 7TH STREET FROM APPROXIMATELY ITS CURRENT TERMINUS EAST OF ARCHIBALD AVENUE TO HERMOSA AVENUE A. Recitals. 1. Hogle/Ireland, Inc. has filed an application for Development Code Amendment No. 00-05, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 13th day of June 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that day. 3. All legal prerequisites prior to the adoption of the Resolution have occurred. B. Resolution. NOW THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 Commission during the above-referenced public hearing on June 13, 2001, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows. a. The application applies to property located within the City; and b. 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 Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. 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 b. This amendment does promote the goals and objectives of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 01-56 DCA 00-05— HOGLE/IRELAND, INC. June 13, 2001 Page 2 C. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives of the Development Code; and e. The proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together will 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 recommends adoption of a Mitigated Negative Declaration and the 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 Planning Commission; and further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project that are listed below as conditions of approval. 1) If the City Council determines, through the approval process for said Development Code amendment, that the elimination of this portion of 7th Street is justified, this developer will be required to acquire right-of-way for and construct a cul-de-sac terminus for 7th Street west of the railroad spur. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California code of Regulations, the Planning Commission 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 Planning Commission during the public hearing, the Planning Commission 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 force in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. 00-05 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 01-56 DCA 00-05— HOGLE/IRELAND, INC. June 13, 2001 Page 3 APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: C 'CarrVT. M I, Chairman ATTEST: rad Buller, e ry I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of June 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS