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HomeMy WebLinkAbout02-100 - Resolutions RESOLUTION NO. 02-100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGATO ENTER INTO DEVELOPMENT AGREEMENT DRC2002-00643, TO ESTABLISH A UNIQUE PARKING RATIO FOR A PROPOSED SENIOR APARTMENT PROJECT, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND MAYTEN DRIVE, WITHIN THE TERRA VISTA COMMUNITY PLAN, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Fountain Glen Properties, filed an application for Development Agreement No. 2002-00643, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On October 23, 2002, 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 the staff report. 5. The Planning Commission has reviewed and considered the associated Mitigated Negative Declaration 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. 3. Based upon the facts and information contained in the Mitigated Negative Declaration, 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 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 Planning Commission; and, further, this PLANNING COMMISSION RESOLUTION NO. 02-100 DRC2002-00643 — FOUNTAIN GLEN PROPERTIES October 23, 2002 Page 2 Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application, a copy of which is included in the Resolutions for the related files: SUBTPM15923 and Development Review DRC2002-00633. 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. 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 orthe 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-1-d) of Title 14 of the California Code of Regulations. 4. This Commission hereby recommends approval of the Development Agreement listed as Exhibit "J" of the staff report subject to each and every condition set forth below: 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 attomey'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 applicant of his obligations under this condition. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: A � r La V McNiel, Chairman ATTEST: Brad B Secretarl PLANNING COMMISSION RESOLUTION NO. 02-100 DRC2002-00643 — FOUNTAIN GLEN PROPERTIES October 23, 2002 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 23rd day of October 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MANNERINO