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HomeMy WebLinkAbout06-065 - Resolutions RESOLUTION NO. 06-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00269,AMENDING THE GENERAL PLAN LAND USE MAP FROM GENERAL COMMERCIAL TO MEDIUM RESIDENTIAL(8-14 DWELING UNITS PER ACRE) FOR 9.68 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, EAST OF ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1100-161-04. A. RECITALS. 1. Lewis Investment Company filed an application for General Plan Amendment DRC2004-00269 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 March 1, 2006, 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. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE, it is herebyfound,determined, and resolved bythe City Council of the City of Rancho Cucamonga as follows: 1. This City 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 City Council during the above-referenced public hearing on March 1, 2006, including written and oral staff reports, togetherwith public testimony, this City Council hereby specifically finds as follows: a. The application applies to approximately 9.68 acres of land, basically a rectangle configuration, located on the north side of Foothill Boulevard, and is presently vacant. Said property is currently designated as Community Commercial; and b. The property to the north of the subject site is designated Medium Density Residential and is developed with apartment units; to the east is designated Office and is vacant; to the south is designated Community Commercial (currently vacant) and Low Density Residential (developed with single-family residences); and to the west is designated Community Commercial and is under developed with a few single-family residences and a small business; and Resolution No. 06-065 Page 2 of 5 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 City Council during the above-referenced public hearing and upon the specific findings of facts setforth in Paragraphs 1 and 2 above, this City 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 Mitigated 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 Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated 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 Mitigated 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 Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which were adopted as conditions of approval in the related subdivision and development review applications that were reviewed concurrently with this application. i Resolution No. 06-065 Page 3 of 5 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 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 Mitigated 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 City Council hereby recommends approval of General Plan Amendment DRC2004-00269 subject to the following condition: 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 not relieve the applicant of his obligations under this condition. 6. The Secretary to this Council shall certify to the adoption of this Resolution. please see the following page for formal adoption,certification and signatures Resolution No. 06-065 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 1 s`day of March 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None GLG William J. Alexa er, Mayor ATTEST: De ra J. AdaAqd, 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 1 s`day of March 2006. Executed this 2nd day of March 2006, at Rancho Cucamonga, California. Debra J. Adams, C, City Clerk Resolution No. 06-065 Page 5 of 5 tCity of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: General Plan Amendment DRC2004-00269, Development District Amendment DRC2004-00270,Tentative Tract Map SUBTT16882,and Development Review DRC2004-00268. Public Review Period Closes: January 11, 2006 Project Name: Project Applicant: Lewis Investment Company Project Location(also see attached map): Located within the Community Commercial Land Use Designation of Foothill Boulevard Districts on the north side of Foothill Boulevard,east of Etiwanda Avenue—APN: 1100-161-04. Project Description: A request to change the land use and zoning designation from Community Commercial to Medium Residential (8-14 dwelling units per acre) on 9.68 acres for a seven numbered and two lettered lot subdivision for 99 condominiums. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Reportwill not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909)477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. March 1, 2006 Date of Determination Adopted By