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HomeMy WebLinkAbout01-22 - Resolutions RESOLUTION NO. 01-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO ENTER INTO DEVELOPMENT AGREEMENT NO. 00-04, FOR THE DEVELOPMENT OF VICTORIA ARBORS ON APPROXIMATELY 300.64 ACRES OF LAND IN THE MIXED USE DISTRICT OF THE VICTORIA COMMUNITY PLAN, GENERALLY BOUNDED BY BASE LINE ROAD TO THE NORTH, ETIWANDA AVENUE TO THE EAST, FOOTHILL BOULEVARD TO THE SOUTH, AND DAY CREEK CHANNEL TO THE WEST AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN,AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 227-201-04, 13 THROUGH 18, 22, 28 THROUGH 31, 33, AND 36; 227-161-28, 31, 33, 35, 36, AND 38; 227-171-08, 11, 12, 20, 22, 23, AND 25; AND 227-211-40. A. Recitals. 1. American Beauty Development Company filed an application for Development Agreement No. 00-04, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On the February 14, and continued to February 28, and March 7, 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. The subject property of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed Development Agreement is attached as Exhibit "A" to this Resolution. 5. The Planning Commission has reviewed and considered the associated Initial Study prepared for said project. 6. 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 Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Commission hereby specifically finds that the Development Agreement and each and every term and provision contained therein conform to the General Plan of the City of Rancho Cucamonga. PLANNING COMMISSION RESOLUTION NO. 01-22 DA 00 —04—AMERICAN BEAUTY DEVELOPMENT March 7, 2001 Page 2 3. Based upon the facts and information contained in the Addendum to the Certified Final EIR entitled "Final Environmental Impact Report Victoria Arbors Village SCH No: 98041137," together with all written and oral reports, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment a. That the Addendum to the Certified Final EIR entitled"Final Environmental Impact Report Victoria Arbors Village SCH No: 98041137' has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Addendum prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Addendum with regard to the application. b. The Addendum to the Certified Final EIR entitled "Final Environmental Impact Report Victoria Arbors Village SCH No: 98041137' identifies that 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 Addendum to the Certified Final EIR entitled "Final Environmental Impact Report Victoria Arbors Village SCH No: 98041137"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 Addendum to the Certified Final EIR entitled Final Environmental Impact Report Victoria Arbors Village SCH No: 98041137, 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. 4. This Commission hereby recommends approval of the Development Agreement attached hereto as Exhibit "A." 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 7TH DAY OF MARCH 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY:-- -X,�4e C yy / Larry T cNiel, Chairman ATTEST: Brad er ecr tary PLANNING COMMISSION RESOLUTION NO. 01-22 DA 00—04—AMERICAN BEAUTY DEVELOPMENT March 7, 2001 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 7th day of March 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE