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HomeMy WebLinkAbout01-214 - Resolutions RESOLUTION NO. 01-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT NO. 00-05, A REQUEST TO AMEND THE CIRCULATION WITHIN THE INDUSTRIAL DEVELOPMENT DISTRICT, SUBAREA 5, TO ELIMINATE A PORTION OF 7T" STREET FROM APPROXIMATELY ITS CURRENT TERMINUS EAST OF ARCHIBALD AVENUE TO HERMOSA AVENUE A. RECITALS. 1. Hogle/Ireland, Inc. has filed an application for Development Code Amendment No. 00-05 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 13th day of June 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that day. 3. On the 19`h day of September 2001, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that day. 4. All legal prerequisites prior to the adoption of the Resolution have occurred. B. RESOLUTION. NOW THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced public hearing on September 19, 2001, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located with the City; and b. 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 Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: Resolution No. 01-214 Page 2 of 4 a. 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 b. This amendment does promote the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives of the Development Code; and e. 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 City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends adoption of a Mitigated Negative Declaration and the 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 City Council; and further, this Council 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 that are listed below as conditions of approval. 1) If the City Council determines, through the approval process for said Development Code amendment, that the elimination of this portion of 7`" Street is justified, this developer will be required to acquire right-of-way for and construct a cul-de-sac terminus for 7'" Street west of the railroad spur. Resolution No. 01-214 Page 3 of 4 c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California code of Regulations, the City Council 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 City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 A) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set force in paragraphs 1, 2, 3, and 4 above, this Council hereby approves Development Code Amendment No. 00-05 by the adoption of the attached City Council Ordinance. 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 19`h day of September 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None cfL�-- William J. xander, Mayor Resolution No. 01-214 Page 4 of 4 ATTEST: 14V�� Debra J. Adam , CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 1g`h day of September 2001. Executed this 201h day of September 2001, at Rancho Cucamonga, California. I a&o�� ebra J. Adam C, City Clerk