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HomeMy WebLinkAbout94-37 - Resolutions RESOLUTION NO. 94-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT 94-01A REQUESTING TO AMEND THE GENERAL PLAN LAND USE MAP FROM OFFICE TO COMMUNITY COMMERCIAL FOR 25 ACRES OF LAND BOUNDED BY FOOTHILL BOULEVARD ON THE SOUTH, SPRUCE AVENUE ON THE WEST, CHURCH STREET ON THE NORTH, AND ELM STREET ON AND EAST, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-58 AND 63. A. Recitals. 1. Western Land Properties has filed an application for General Plan Amendment No. 94-01A 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 May 11, 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 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 substantial evidence presented to this Commission during the above-referenced public hearing on May 11, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 25 acres of land, basically a rectilinear configuration, located on the north side of Foothill Boulevard between Spruce Avenue and future Elm Avenue and is presently vacant. Said property is currently designated as Office; and b. The property to the north of the subject site is designated High (24-30 dwelling units per acre) and Medium-High (14-24 dwelling units per acre) and is vacant with a portion planned for park development. The property to the west is designated Office and Community Commercial and is developed with a community shopping center. The property to the east is designated office and commercial and is vacant. The property to the south is designated Industrial Park and is developed with a hotel and major portions is vacant. PLANNING COMMISSION RESOLUTION NO. 94-37 GPA 94-01A - WESTERN LAND PROPERTIES May 11, 1994 Page 2 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 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 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 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 finding 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. 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 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. PLANNING COMMISSION RESOLUTION NO. 94-37 GPA 94-OlA - WESTERN LAND PROPERTIES May 11, 1994 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment No. 94-01A. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF MAY 1994. • PLANNI. = O- S OF THE CITO.F RANCHO CUCAMONGA BY: E. DDaavi. Bare ATTEST: -#4/ Brad B� Sec 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 11th day of May 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL