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HomeMy WebLinkAbout00-36 - Resolutions RESOLUTION NO. 00-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 15454, LOCATED ON THE NORTH SIDE OF CHURCH STREET AND POPLAR DRIVE BETWEEN MILLIKEN AND ROCHESTER AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-26, 30, AND 52. WHEREAS, Tentative Parcel Map No. 15454, submitted by Lewis Operating Corp., applicants, for the purpose of subdividing into 4 parcels, the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, identified as APN: 227-151-26, 30, and 52, located on the north side of Church Street and Poplar Drive, between Milliken and Rochester Avenues; and WHEREAS, on April 12, 2000, the Planning Commission held a duly advertised public hearing for the above-described map. NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS FOLLOWS: SECTION 1: That the following findings have been made: 1. That the Tentative Parcel Map is consistent with the Terra Vista Community Plan and the General Plan. 2. That no improvements are proposed with this subdivision which is intended for financing and conveyance purposes only. 3. That the site is physically suitable for the proposed future development. 4. That the proposed subdivision will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. SECTION 2: 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 Planning Commission 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: 1. 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 Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. 2. That, based upon the environmental analysis, no significant adverse environmental effects will occur. PLANNING COMMISSION RESOLUTION NO. '00-36 PM 15454— LEWIS RETAIL CENTERS April 12, 2000 Page 2 3. Pursuant to the provisions of Section 753.5(c) 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 substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission 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. SECTION 3: Tentative Parcel Map 15454 is hereby approved subject to the following Special Conditions: Planning Division 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall no relieve applicant of his obligations under this condition. 2) This tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. 3) Master planning will be required for proposed development within any portion of each parcel. The Master Plan shall include, but not be limited to access, circulation, driveway locations, community greenways and trails, and land use. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: s Larry McNiel, Chairman ATTEST: Brad I ecretar) PLANNING COMMISSION RESOLUTION NO. 00-36 PM 15454— LEWIS RETAIL CENTERS April 12, 2000 Page 3 I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE