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99-26 - Resolutions
RESOLUTION NO. 99-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF TERRA VISTA COMMUNITY PLAN AMENDMENT 99-01,A REQUEST TO CHANGE THE TERRA VISTA COMMUNITY PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL(8-14 DWELLING UNITS PER ACRE)TO ELEMENTARY SCHOOL FOR 3.3 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF EAST ELM AVENUE, WEST OF COYOTE CANYON ELEMENTARY SCHOOL, BETWEEN SPRUCE AVENUE AND CHURCH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-042-88. A. Recitals. 1. Lewis Development Company has filed an application for Terra Vista Community Plan Amendment No. 99-01 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 April 14, 1999, 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 the substantial evidence presented to this Commission during the above- referenced public hearing, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a single parcel of land totaling approximately 3.3 acres, basically a triangular configuration, located on the north side of Elm Avenue between Spruce Avenue and Church Street, and which is presently improved with a parking lot for Coyote Canyon Elementary School. Access is located on East Elm Avenue. Said property is currently designated as Medium Residential (8-14 dwelling units per acre); and b. All of the surrounding properties are within the Terra Vista Planned Community. The property to the north of the subject site is designated Low-Medium Residential (4-8 dwelling units per acre) and is improved with single family homes. The properties to the west and south (on the south side of Elm Avenue) are designated Medium Residential (8-14 dwelling units per acre) and are currently vacant. The property to the east is designated Elementary School and is developed with the Coyote Canyon Elementary School; and PLANNING COMMISSION RESOLUTION NO. 99-26 TVCPA 99-01 - LEWIS DEVELOPMENT COMPANY April 14, 1999 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, the Terra Vista Community Plan, and with related development; and d. This amendment promotes the goals and objectives of the General Plan Land Use Element and the Terra Vista Community Plan; 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 uses 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 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 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 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. 99-26 TVCPA 99-01 - LEWIS DEVELOPMENT COMPANY April 14, 1999 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 Terra Vista Community Plan Amendment No. 99-01 to change the Land Use Map for the subject property to Elementary School, as shown on the attached Exhibit "A." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF APRIL 1999. PLANNING COMM! SION OF THE CITY OF RANCHO CUCAMONGA BY: , )91 c r La T, iel, Chairman ATTEST: ��` Bra• r, Se vaA I, Brad Buller, Secretary for 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 14th day of April 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE W C 0, fh C ., C ., s 0 W ca b N y m .- a T o - A y 5 a N • ] i r 6 - Q N S J 3 8 ¢ 3I = x Q o 3 7 Y�' iU SW v. O i S o- ! N y otJ $ •a �W 0 V 7 5 a° i i 2m w g to pea i s 1 _�- , W � = xODUUaxLL./COr �1 . 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