Loading...
HomeMy WebLinkAbout04-114 - Resolutions RESOLUTION NO. 04-114 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING DENIAL OF 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 has 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 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 October 27, 2004, including written and oral staff reports, togetherwith public testimony, this Commission 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 26th Street, and is presently vacant. Said property is currently designated as industrial Park; and 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 PLANNING COMMISSION RESOLUTION NO. 04-114 DRC2004-00272 — LEWIS INVESTMENT COMPANY October 27, 2004 Page 2 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 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. 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 Planning Commission 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 Planning Commission; and, further, this Commission 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 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 Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe 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 forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends denial of General Plan Amendment DRC2004-00272. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 04-114 DRC2004-00272 — LEWIS INVESTMENT COMPANY October 27, 2004 Page 3 Rich Macias, Chairman ATTEST: Bu r, SeoFttafy 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 27th day of October 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE