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Home My WebLink About01-174 - Resolutions RESOLUTION NO. 01-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02A, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE,AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 227-881-01. A. RECITALS. 1. Lewis Retail Centers filed an application for General Plan Amendment 00-02A 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 September 27, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 00-104 recommending to the City Council that General Plan Amendment 00-02A be approved. 3. On November 1, 2000, and continued to December 20, 2000,the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application, and continued said public hearing to an unspecified date. 4. On July 18, 2001, the City Council of the City of Rancho Cucamonga continued its review of the application by conducting a duly re-noticed public hearing. 5. 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 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 hearings on November 1, 2000, December 20, 2000,and July 18, 2001, including written and oral staff reports,together with public testimony, this Council hereby specifically finds as follows: Resolution No. 01-174 Page 2 of 5 a. The application applies to approximately 1.244 acres of land, basically a triangular configuration, located on the northeast corner of Highland Avenue and Day Creek Boulevard, and is presently vacant. Said property is currently designated as Low Residential (2-4 dwelling units per acre) on the General Plan Land Use IVbp; and b. The property to the north of the subject site is being developed with a new State freeway. The property to the east is designated Low Residential (2-4 dwelling units per acre)and is developed with a single- family residential neighborhood. The property to the west is designated Neighborhood Commercial and is vacant. The property to the south is designated Low Residential (2-4 dwelling units per acre) and is developed with a single-family residential neighborhood; 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 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 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: 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 by satisfying the minimum parcel size requirement for the land use designation, and continuing the planned Neighborhood Commercial development pattern along this portion of Day Creek Boulevard; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions listed in the Initial Study Parts I and II; and c. That the proposed amendment is in conformance with the General Plan by providing a land use pattern that is complementary with nearby parcels of land. 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 City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration attached hereto, and incorporated herein by this reference, based upon the findings as follows: Resolution No. 01-174 Page 3 of 5 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 City Council; and,further,this Council 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 City Council 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 the substantial evidence contained in the 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 setforth in Section 753.5(c-1-d)of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of General Plan Amendment No. 00-02A by designating the subject site as Neighborhood Commercial. 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 18`" day of July 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None �— William J. xander, Mayo Resolution No. 01-174 Page 4 of 5 ATTEST: bebra J. Adan"MC, 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 18`h day of July 2001. Executed this 19'h day of July, at Rancho Cucamonga, California. �4A��c 4�� A't� D bra J. 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