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HomeMy WebLinkAbout04-34 - Resolutions RESOLUTION NO. 04-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT DISTRICT AMENDMENT DRC2003-01037 REQUESTING TO CHANGE THE ZONE FROM COMMUNITY COMMERCIAL TO MIXED USE FOR A .7 ACRE PORTION OF SUBAREA 3 OF THE FOOTHILL BOULEVARD DISTRICTS, LOCATED NORTH OF FOOTHILL BOULEVARD, BETWEEN HELLMAN AND MALACHITE AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0208-151-20 THRU 23 A. Recitals. 1. John Laing Homes filed an application for Development District Amendment DRC2003-01037, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development District Amendment is referred to as "the application." 2. On the 14th day of April 2004, 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. 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. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on April 14, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately .7 acre of land, basically a rectangle configuration, located north of Foothill Boulevard between Hellman and Malachite Avenues, and is presently vacant. Said property is currently designated as Community Commercial; and b. The property to the north of the subject site is single-family residential, the property to the south consists of a commercial retail center, the property to the east is commercial, and the property to the west is a mobile home park; and 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. PLANNING COMMISSION RESOLUTION NO. 04-34 DRC2003-01037 —JOHN LAING HOMES April 14, 2004 Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission 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 Planning Commission 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 Planning Commission; and, further, this Commission 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 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 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. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development District Amendment DRC2003-01037 subject to each and every condition set forth below: 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 PLANNING COMMISSION RESOLUTION NO. 04-34 DRC2003-01037 –JOHN LAING HOMES April 14, 2004 Page 3 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF APRIL 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Z4 — Rich Macias, Chairman ATTEST: Bra er, ecru 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 14th day of April 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: McPHAIL