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HomeMy WebLinkAbout99-151 - ResolutionsRESOLUTION NO. 99-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNilA, APPROVING GENERAL PLAN AMENDMENT 99-02, A PROPOSAL TO CHANGE TO THE GENERAL PLAN; LAND USE MAP ~FiROM LOW RESIDENTIAL (2-4 DWELLING UNITS :PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER AC:RE), FOR APPROXIMATELY 5.1 AC RES OF LAND,. LOCATED:ON THE SOUTH!EAST CO. RN ER O F HERMOSA A¥1ENiUE AND 19TH! STREET, AND. MAKING FINDINGS IN SUPPORT THEREOF~ - APN: 1076-111.-09 A= RECITALS. 1. The applicant, Curry Brandaw Architects, has filed an application for General Plan Amendment No. 99-02 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 May 12, and June 9, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval. 3. On July 7, and continued to August 4, and August 18, 1999, 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 here=by found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby speci,fica. lly finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substanti.al evidence presented to this Council during the above-referenced public hearing on July 7, and August 4, and August 18, 1999, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to a single parcel of land totaling approximately 5.1 acres, with a rectangular shape, located on the southeast corner of Hermosa Avenue and 19th Street and is presently improved with a singl;e family house and citrus groves. Said property is currently designated as Low Residential (2-4 dwelling units per acre); and Resolution No. 99-151 Page 2 m b. The properties to the north of the subject site are designated Low-Medium Residential (4-8 dwelling units per acre) and are improved with a single family residential project. The property to the west is designated Low Residential (2-4 dwelling units per acre) and is developed with a single family residential project. The property to the east is designated Low Residential (2-4 dwelli:ng units per acre) and is improved with a single family home. The property to the south is designated as Open Space and is developed with a park and school; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the distdct in a manner consiistent with the General Plan and with related development; and d. This amendment promotes 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 wou~d not have a significant impact on the environment nor the surrounding properties. Based upon the substantial evidence presented to this City 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. The subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land uses in the surrounding area, as evidence of that is the proposed residential care facility proposed in conjunction with this request; and b.. The proposed amendmentwould not have significant impacts on the environment nor the surrounding properties; and c. The proposed amendment is in conformance with the General Plan. 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 Coundl; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. Resolution No. 99-151 Page 3 b. Although the Mitigated Negative Declaration: identifies certain significant enviro.n:mental 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 are listed below as conditions of approval. c. 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 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 Planning Commission during the public hearing, the Planning Commission 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. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this City Council hereby approves General Plan Amendment No. 99-02 to change the General Plan Land Use Map for the subject property to Low- Medium Residential (4-8 dwelling units per acre), as shown on the attached Exhibit "A." The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 18~h day of August, 1999. AYES: NOES: ABSENT: ABSTAINED: Alexander, Biane, Curatalo, Dutton, Williams None None None ATTEST: Debra J. CMC, City Clerk William J. Mayor Resolution No. 99-151 Page 4 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 18t~ day of August, 1999. Executed this 19th day of August, 1999, at Rancho Cucamonga, California. Debra J. Adarfi'S, CMC, City Clerk