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HomeMy WebLinkAbout03-134 - Resolutions RESOLUTION NO. 03-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2003-00132, A REQUEST TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR 2.8 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF WILSON AVENUE, EAST OF HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0201-182-03, 04, 05 AND 06 A. RECITALS. 1. Hank Jong filed an application for General Plan Amendment DRC2003- 00132, 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 April 23, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the General Plan Amendment and issued Resolution No. 03-67, recommending to the City Council that the General Plan Amendment DRC2003-00132 be approved. 3. On May 21, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. 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 hearing on may 21, 2003, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 2.8 acres of land, basically a rectangular configuration, located on the south side of Wilson Avenue, east of Hermosa Avenue. Said property is currently designated as Very Low Residential; and Resolution No. 03-134 Page 2 of 4 b. The properties to the north, south, east and west are designated Low Residential (2-4 dwellings per acre) and are developed with single-family residential projects, except the west abutting property which is developed as a school; 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 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 as evidenced by its frontage on a public street, its size exceeding minimum size requirements for the land use designation, and the evidence of similar uses existing in the immediate area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by existing Low-Medium Density residential development and commercial activities in the immediate area; and c. That the proposed amendment is in conformance with the General Plan, which contains provisions for Low Residential land use designations. 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. 03-134 Page 3 of 4 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. 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 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-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 approves General Plan Amendment.DRC2003- 00132 to change the land use designation from VeryLow Residential to Low Residential (2-4 dwellings units per acre). 6. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 03-134 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 21" day of May 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William , r ATTEST: C ebra J. AdarfK, 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 21" day of May 2003. Executed this 22nd day of May 2003, at Rancho Cucamonga, California. Xil&_4 S L akania—')— Debra J. Adams, C, City Clerk