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HomeMy WebLinkAbout04-115 - Resolutions RESOLUTION NO. 04-115 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING DENIAL OF DEVELOPMENT DISTRICT AMENDMENT DRC2004-00273 REQUESTING TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM INDUSTRIAL PARK DESIGNATION OF SUBAREA 6, TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PERACRE)ON THE WESTERLY 20.55ACRES OF THE TOTAL 37.78 ACRE SITE, ESTABLISHING A MASTER PLAN OVERLAY DISTRICT PURSUANT TO RCMC 17.20.030 FOR THE ENTIRE SITE, AND ADJUSTING THE HAVEN OVERLAY DISTRICT BOUNDARY APPROXIMATELY 60 FEET EASTERLY, CONSISTENT WITH THE LAND USE DESIGNATION CHANGE, ON PROPERTY GENERALLY BOUNDED BY CENTER AVENUE, ARROW ROUTE, 26TH STREET, AND HAVEN AVENUE. APN: 0209-092-04. A. Recitals. 1. Lewis Investment Company filed an application for Development District Amendment DRC2004-00273, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development District 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 DRC2004-00273 and issued Resolution No. 04-114 recommending to the City Council that the associated General Plan Amendment DRC2004-00272 be denied. 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 27, 2004, including written and oral staff reports, togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 20.55 acres of land of the total 37.78 acres, basically a rectangle configuration, located on the east side of CenterAvenue, 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. PLANNING COMMISSION RESOLUTION NO. 04-115 DRC2004-00273— LEWIS INVESTMENT COMPANY October 27, 2004 Page 2 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 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. 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 as amended. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith all written and oral reports included forthe 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. 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 which are shown in the Initial Study and will be imposed on any future development. 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. PLANNING COMMISSION RESOLUTION NO. 04-115 DRC2004-00273— LEWIS INVESTMENT COMPANY October 27, 2004 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends denial of Development District Amendment DRC2004-00273. 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 BY: Rich Macias, Chairman ATTEST: Brad Bull ecretary 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