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HomeMy WebLinkAbout04-351 - Resolutions RESOLUTION NO. 04-351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00371, A REQUEST TO CHANGE THE LAND USE DESIGNATION FOR APPROXIMATELY 9 ACRES OF LAND FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), TO VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE), LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF VICTORIA STREET AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0227-061- 38, 70, 71, 72, 78, AND 81 AND 0227-121-38, 39, 40, 44, 45, AND 46. A. RECITALS. (1) The City of Rancho Cucamonga filed a request for General Plan Amendment DRC2004-00371, as described in the title of this Resolution. Hereinafter in this Resolution, the subject amendment is referred to as "the application." (2) On the 14th day of July 2004, the Planning Commission conducted a public hearing and issued Resolution No. 04-90, recommending approval. (3) On the 17th day of November 2004, 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 November 17, 2004, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property within the City; and b. The proposed amendment will not have a significant impact on the environment; and C. The proposed amendment is consistent with the land use concept and density provisions of the General Plan. Resolution No. 04-351 Page 2 of 5 (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 Commission hereby finds and concludes as follows: a. The amendment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the General Plan and with related development; and b. 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 C. The subject application is consistent with the objectives of the General Plan; and d. 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 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, 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 City Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. The Negative Declaration identifies no significant environmental effect will result if this amendment is approved. C. Pursuant to the provisions of Section 753.5 of Title 14 of the California Code of Regulations, the Planning Commission 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 set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. Resolution No. 04-351 Page 3 of 5 (5) Based upon the findings and conclusion set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves General Plan Amendment DRC2004-00371 as shown in the attached Exhibit'A" Site Plan. (6) The Clerk of this City Council shall certify to the adoption of this Resolution. Resolution No. 04-351 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 17'" day of November 2004. AYES: Alexander, Gutierrez, Howdyshell, Williams, Kurth NOES: None ABSENT: None ABSTAINED: None William J. Alexan r, Mayor ATTEST: Debra J. Ada CM , 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 17`" day of November 2004. Executed this 18" day of November 2004, at Rancho Cucamonga, California. 4w��' , &&.,— bra J. Adams, Cf , City Clerk Resolution No. 04-351 Page 5 of 5 GPA DRC2004-00371 ESPA DRC2004-00402 W . z Lu Q � VICTORIA ST w VICTORIA AVENUE GENERAL PLAN AND ETIWANDA SPECIFIC PLAN AMENDMENT EXISTING GENERAL PLAN AND SPECIFIC PLAN ® VL = L MAP AMENDMENT AREA Exhibit °A° FROM LOW TO VERY LOW