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HomeMy WebLinkAbout02-42 - Resolutions RESOLUTION NO. 02-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVALOF ETIWANDA SPECIFIC PLAN AMENDMENT DRC2002-00231 TO AMEND THE ETIWANDA SPECIFIC PLAN LAND USE DESIGNATION FROM LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 7 ACRES OF LAND, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE MID-BLOCK BETWEEN FOOTHILL BOULEVARD AND CHURCH STREET AS PHASE ONE OF THE GENERAL PLAN CONSISTENCY PROGRAM AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 227-211-12, 13, 17, 18, 22, 23, 32, 33, 34, AND 35. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Etiwanda Specific Plan Amendment No. DRC2002-00231 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 24th day of April 2002 the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe 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 April 24, 2002, 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. The proposed amendment will not have a significant impact on the environment. 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 is necessary to resolve 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 promotes the goals and objectives of the Development Code and Etiwanda Specific Plan; and PLANNING COMMISSION RESOLUTION NO. 02-42 ESPA DRC2002-00231- CITY OF RANCHO CUCAMONGA April 24, 2002 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 the Etiwanda Specific Plan; and e. 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 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 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 independent judgment of the Planning Commission; and,further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That 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 Planning Commission 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 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 forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Etiwanda Specific Plan Amendment No. DRC2002-00231 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF APRIL 2002 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY /Z, —' Rich Macias, Vice Chairman ATTEST: Brad Bull ecretary PLANNING COMMISSION RESOLUTION NO. 02-42 ESPA DRC2002-00231- CITY OF RANCHO CUCAMONGA April 24, 2002 Page 3 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 24th day of April 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL, TOLSTOY ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT DRC2002-00231 TO AMEND THE ETIWANDA SPECIFIC PLAN LAND USE DESIGNATION FROM LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 7 ACRES OF LAND, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE MID-BLOCK BETWEEN FOOTHILL BOULEVARDAND CHURCH STREET AS PHASE ONE OF THE GENERAL PLAN CONSISTENCY PROGRAM AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 227-211-12, 13, 17, 18, 22, 23, 32, 33, 34, AND 35. A. Recitals. 1. In October of 2001, the City Council adopted the 2001 General Plan Update, and recognizing that there are various areas within the City that have development districts that differ from the land use districts of the General Plan, a General Plan Consistency Program was established. 2. On April 24, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval. 3. On , 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 Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained 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 Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on , 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. The proposed amendment will not have a significant impact on the environment. C. The surrounding land area is designated Medium Residential (8-14 dwelling units per acre). d. This amendment is necessary to establish consistency with the Land Use Policies and Designations 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 e. This amendment promotes the goals and objectives of the Land Use Element;and ORDINANCE NO. ESPA DRC2002-00231 - CITY OF RANCHO CUCAMONGA Page 2 f. 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. 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. The 7-acre site is surrounded by Medium Residential Land Use designation and the surrounding property has been approved for an apartment project in the same district; and b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties. The General Plan currently designates the site as Medium Residential (8-14 dwelling units per acre) so the amendment will make the Etiwanda Specific Plan consistent with the General Plan; and C. The proposed amendment is in conformance with the General Plan and the Etiwanda Specific 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 Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That 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-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 approves Etiwanda Specific Plan Amendment DRC2002-00231, a request to change the Etiwanda Specific Plan Land Use Map for approximately 7 acres of land located on the west side of Etiwanda Avenue, mid-block between Foothill Boulevard and Church Street 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 Ordinance. f.: .:. l 4 ' � _ . i is `n