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HomeMy WebLinkAbout95-139 - ResolutionsRESOLUTION NO. 95-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVES GENERAL PLAN AMENDMENT 95-01B TO CHANGE THE LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO COMMUNITY COMMERCIAL FOR APPROXIMATELY 47.3 ACRES OF LAND AND TO MEDIUM HIGH RESIDENTIAL (14- 24 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 19.2 ACRES OF LAND BOUNDED BY FOOTHILL BOULEVARD ON THE SOUTH, ROCHESTER AVENUE ON THE EAST, THE FUTURE POPLAR DRIVE AND FUTURE CHURCH STREET ON THE NORTH, AND THE FUTURE ORCHARD AVENUE ON THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-151-18 AND 24. A. Recitals. 1. Lewis Development Company has filed an application for General Plan Amendment No. 95-01B 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 13, and continued to September 27, 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended the approval of the application by the adoption of Resolution No. 95-43. 3. On October 4, 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 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 October 4, 1995, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 66.5 acres of land, basically a triangular configuration, located on the north side of Foothill Boulevard between Rochester Avenue and the future Orchard Avenue, south of the future Poplar Drive and future Church Street and is presently vacant and undeveloped. Said property is currently designated as Medium Residential (8-14 dwelling units per acre); and Resolution No. 95-139 Page 2 b. The property to the north of the subject site is designated Low Medium Residential (4-8 dwelling units per acre) and is vacant. The property to the west is designated Commercial and Medium Residential (8-14 dwelling units per acre) and is vacant. The property to the east is designated Office and Low Residential (2-4 dwelling units per acre) and is developed with a single family neighborhood and is partially vacant. The property to the south is designated Industrial Park and is primarily undeveloped. 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 promotes the goals and objectives ofthe 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; 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 with 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 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 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 Resolution No. 95-139 Page 3 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 headng, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-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 No. 95-01B. 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 4th day of October, 1995. Alexander, Biane, Gutierrez, Williams AYES: NOES: None ABSENT: Curatalo ATTEST: Debra J. Ad~fns, CMC, City Clerk ~,~ /,/' William J. A/~ander, Mayor 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 4th day of October, 1995. Executed this 5th day of October, 1995, at Rancho Cucamonga, California.