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HomeMy WebLinkAbout94-182 - ResolutionsRESOLUTIf~NO. 94-182 A RESOLUTION OF ~ CITY ~ OF ~E CITY OF ~ ~, (~J~5=~%~IA, APPROVING (IkNDITIC~AL USE Pt~4IT 94-07, A ~ TO OC~~ A T~4PC~%RX ~TI-~ BUrnING OF ~ 3,840 SQUARE F~"~P ON APPROXIMATELY 5 ACI~ES IN THE LOW RESID~ITALDIWIRICTOF CC~NEROF EAST ANDHIGHLA~DA~, AND MAKINGFINDINGS IN SUPPORr~I~DF -APN: 227-071-77. (i) St. Clare of Assisi ~piscopal Church has filed an application for a temporary multi-purpose building as described in the title of this Resolution. Hereinafter in this Resolutionn, the subject m~da, lar structure (ii) On July 27, 1994, the Planning O~m~ission of the City of Ranc/lo Cucamonga conducted_ a duly noticed public hearing on the application and, follc~ing the conclusion of said public hearing, adopted Resolution No. 94-68 (iii) On July 28, 1994, an adjacent developer timely appealed the approval of said Resolution No. 94-68. (iv) On September 7, 1994, the City Oouncil of the City of Rancho (llcamon~a conducted a duly noticed public hearing on the application and concluded said hearing on that date. (v) All legal ~ites ~rior to the adoption of this Resolution have occurred. B. Resolution. NOW, TH~RE~0RE, it is hereby found, determined, ar~ resolved by the city Council of the city of Rancho Ck]camonga as follows: 1. This Oouncil hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this ~esolution are true and correct. 2. Based upon substantial evidence p~esented to this Oouncil during the above-referenced September 7, 1994 hearing, including written staff reports, the minutes of the above-ref~ Planning Cu,,,,dssion meeting, and the oontents of Plannir~ C~,,L.~ssion Resolution No. 94-68, this Council hereby specifically finds as follows: (a) Tb~ application applies to property located at the southeast corner of Fast and Highland Avenues on property zoned I~w Density Residential, and is currently developed with the Ernst Mueller Home, a designated local landmark which is a potential State and National Historic Landmark. Resolutic~ No. 94-182 (b) The ~ to the north of the subject site is Highland Avenue and the Route 30 Freeway, the property to the south of that site consists of single family homes, the p~perty to the east is single family hc~es, and the ~fupe~ty to the west is single family hc~s. (c) The develo~ of the modular building and the eventual develo~ of the church Master Plan is sensitive to the historic site and will allow for preservation of the existing citrus grove which surrour~s the (d) That the proposed temporary modular structure is compatible with the architectural style, color and roterials of the Ernst Mueller Home. (e) That the gravel surfaced parking lot is temporary and will be more in keeping with the h/storic context of the site and the eventual parking lot will be surfaced with as~tic concrete. (f) That adequate buffering between the proposed structure and adjacent single family homes is provided. 3. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral repc~T~ included for the envirora~r~al ~.~e~ment for the application, the City Oouncil finds that there is no substantial evidence that the project will have a significant effect upon the env~ and adopts a Negative Declaration based upon the fir~{ngs 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 C~QA guidelines pxumul~ thereunder; that said Negative jud~l of the City Council; and, further, this Oouncil 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 incoxpoTated into the proposed project, no significant adverse envi~-~-~_ntal effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Oc~__e of Regulations, the City Council fir~s as follows: In co~siderir~ the recoid as a whole, the Initial Study a~ Negative Declaration for the project, there is no evidence that the ~'oposed project will have potential for an adverse impact upon wildlife resources or the b~hitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff re~mrts and exhibits, and the information p vided to the City Ommcil durin tbe public h ring, the City etonoil hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the Califox~ia Code of Regulations. Resoluti~ No. 94-182 Page3 durin~ the ~referenoed public hearing, and upon the specific finclings of facts set foxth in ~ 1, 2, ar~ 3 above, this Council hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Develc~a~_nt Code, and the purposes of the district in (b) That the ~g~sed use, together with the conditi~ applicable thereto, will not be detrimental to the public health, safety, or w~lfare or materially injurious to properties or im~ in the vicinity. (c) That the proposed use co~plies with each of the applicable provisions of the Development Code. 5. ~ Oouncil hereby provides notice to Citatio~ Humes that the time within which judicial review of the decision re~resented by this Resolution must be sought is governed by the provisions of California Code of civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamorga is here~ directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this P~solution, by certified mail, return-receipt requested, to Citation Homes at the address identified in City reccx~. PASSFD, ~, and ADOPTS) this 7th day of September, 1994. Alexander, Buquet, Gutierrez, Stout, Williams NOES: None ~Dennis L. Stout, Mayor Resolution No. 94-182 Page4 I, DW~RA J. ADAMS, CITY ~RK of the City of Rancho Cucamonga, California, do hereby oe~tify that the foregoing Resolution w~s duly p~.~, a~, and adopted by the City Oouncil of the City of Rancho O~'~,~, California, at a regular meeting of said City Council held on the 7th day of Se~, 1994. Executed this 8th day of September, 1994, at Rancho Cucamonga, California.