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Home My WebLink About02-95 - Resolutions RESOLUTION NO. 02-95 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVALOF TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2002-00533 TO REALIGN THE TRAIL TYPE D BETWEEN MALAGA DRIVE AND WEST GREENWAY CORRIDOR, TO A TRAIL TYPE E ALONG TERRA VISTA PARKWAY AND CHURCH STREET AND TO CHANGE THE LAND USE DESIGNATION FROM ELEMENTARY SCHOOL (E) TO LOW-MEDIUM RESIDENTIAL (LM) FOR A 9.05-ACRE SITE LOCATED ON THE SOUTH SIDE OF TERRA VISTA PARKWAY, EAST OF COYOTE CANYON PARK, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. KB HOME and Lewis Operating Corp. jointly filed an application for Terra Vista Community Plan Amendment No. DRC2002-00533, as described in the title of this Resolution. Hereinafter in this Resolution,the subject Terra Vista Community Plan Amendment is referred to as "the application." 2. On the 23rd day of October 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 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 October 23, 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 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 promotes the goals and objectives of the Terra Vista Community Plan; and PLANNING COMMISSION RESOLUTION NO. 02-95 TVCPA DRC2002-00533— KB HOME AND LEWIS OPERATING CORP October 23, 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 the Terra Vista Community Plan; and e. The proposed amendment is in conformance with the General Plan. 4. Based upon the fads 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 adopts a Negative Declaration, 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 Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the facts associated with 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 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 Terra Vista Community Plan Amendment No. DRC2002-00533 as shown in the attached Exhibit "Al." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 6 Carry T. cNiel, Chairman ATTEST: Brad Bull , ecreta PLANNING COMMISSION RESOLUTION NO. 02-95 TVCPA DRC2002-00533— KB HOME AND LEWIS OPERATING CORP October 23, 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 23rd day of October 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MANNERINO ABSTAIN: COMMISSIONERS: MACIS LAND USE AMENDMENT -�`/572� W W MAJOR GREENWAY Nc ESYSTEM Y RD. 0000 MAJOR GREENWAY Y Y W Y PO He Y W Y El MAJOR GREENWAY Y W MH W •�• PARTIAL DEDICATION OF UNIMPROVED LAND •• ••• Y LY W W W • WLMW • YH Y • REVISED TRAIL Y W Y ALIGNMENT Y • Op W MH op LM W • N � cc H Y MH • W • YOC •••� cc MFC IH10 b 110OULL BLVD. FIGURE 111-12 Park and Greenway System MADOLE AND ASSOCIATES I•\TcrraVicta\FYhihit5\Fi0Ure111-12.dW0.07/02/2002 03:40:52 PM, sc