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HomeMy WebLinkAbout07-71 - Resolutions RESOLUTION NO. 07-71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT DISTRICT AMENDMENTDRC2007-00561 REQUESTING TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM MEDIUM RESIDENTIALTO NEIGHBORHOOD COMMERCIAL FOR 0.40 ACRES OF LAND LOCATEDAT 7388 CARNELIAN STREET;AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-022-07 A. Recitals. 1. Martha Boardman filed an application for Development District Amendment No. DRC2007-00561, 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 December 12, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2007-00561 and issued Resolution No. 07-70, recommending to the City Council that the associated General Plan Amendment No. DRC2007-00560 be approved. 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 December 12, 2007, including written and oral staff-reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 0.40 acres of land, basically a rectangular configuration, located at 7388 Carnelian Street and is presently developed with a medical and professional office building. Said property is currently designated as Medium Density residential; and b. The property to the north of the subject site is designated Neighborhood Commercial. The property to the west is designated Neighborhood Commercial. The property to the east is designated Office Professional. The property to the south is designated Medium Residential; and C. 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 d. This amendment does promote the goals and objectives of the Land Use Element; and PLANNING COMMISSION RESOLUTION NO. 07-71 DEVELOPMENT DISTRICT AMENDMENT DRC2007-00561 — MARTHA BOARDMAN December 12, 2007 Page 2 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. Additionally,the site is developed with an existing commercial office building consistent with surrounding land uses in the vicinity. 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 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 is developed with an existing commercial office building; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties,and no new construction is proposed as part of the land use amendment; and C. That 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 with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence thatthe 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. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission furtherfinds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings PLANNING COMMISSION RESOLUTION NO. 07-71 DEVELOPMENT DISTRICT AMENDMENT DRC2007-00561 — MARTHA BOARDMAN December 12, 2007 Page 3 upon which the Planning Commission's decision is based is the City Planner of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development District Amendment No. DRC2007-00561. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF DECEMBER 2007. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: m St rt, C airman ATTEST: Ja I s R. Troyer, AICP, Secr tary I, James R. Troyer,AICP, 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 12th day of December 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE