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HomeMy WebLinkAbout08-46 - Resolutions RESOLUTION NO. 08-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00161 - LEWIS COMMUNITY DEVELOPERS REQUESTING TO AMEND THE TERRA VISTA PLANNED COMMUNITY LAND USE PLAN (FIGURE III-17) FROM OF 14.73 ACRES OF UNDEVELOPED LAND IN THE TERRA VISTA PLANNED COMMUNITY AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND CHURCH STREET FROM OFFICE TO APPROXIMATELY 11.83 ACRES OF MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND 2.90 ACRES OF NEIGHBORHOOD COMMERCIAL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-422-01, 46, AND 93. A. Recitals. 1. Lewis Community Developers filed an application for Terra Vista Community Plan Amendment DRC2008-00161, as described in the title of this Resolution. Hereinafter in this Resolution,the subject Terra Vista Community Plan Amendment is referred to as "the application." 2. On September 24,2008 the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2008-00161 and issued Resolution No. 08-45, recommending to the City Council that the associated General Plan Amendment DRC2008-00160 be approved. 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 September 24, 2008, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 14.73 acres of undeveloped land, basically a rectangular configuration, located on the southeast corner of Haven Avenue and Church Street, and is presently vacant. Said property is currently designated as Office; and b. The property to the north of the subject site is designated Medium Residential(8-14 dwelling units per acre) and is multi-family residential. The property to the west is designated General Commercial and Mixed Use (Office) and is vacant and Commercial. The property to the east is designated Office and is developed with an office park The property to the south is designated Office and Community Commercial and is vacant and retail commercial. 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 PLANNING COMMISSION RESOLUTION NO. 08-46 DRC2008-00161 — LEWIS COMMUNITY DEVELOPERS September 24, 2008 Page 2 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 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. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter,City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA;and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. PLANNING COMMISSION RESOLUTION NO. 08-46 DRC2008-00161 — LEWIS COMMUNITY DEVELOPERS September 24, 2008 Page 3 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Terra Vista Community Plan Amendment DRC2008-00161 as shown in the attached City Council draft ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF SEPTEMBER 2008. PLANNINGCOMMISSIONOF THE CITY OF RANCHO CUCAMONGA Richard B. Fletcher, Chairman ATTEST: �- Jame . Troyer, AICP, Secretary I, James R. Troyer, AICP, 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 24th day of September 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00161, A REQUEST TO AMEND LAND USE PLAN (FIGURE III-17) DESIGNATION OF 14.73 ACRES OF UNDEVELOPED LAND IN THE TERRA VISTA PLANNED COMMUNITY AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND CHURCH STREET FROM OFFICE TO APPROXIMATELY 11.83 ACRES OF MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND 2.90 ACRES OF NEIGHBORHOOD COMMERCIAL; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-422-01, 46, AND 93. A. Recitals. 1. On September 24, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Terra Vista Community Plan Amendment DRC2008-00161 and, following the conclusion thereof, adopted its Resolution No. 08-46, recommending that the City Council of the City of Rancho Cucamonga adopt said Amendment. 2. On 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Terra Vista Community Plan Amendment DRC2008-00161. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on 2008, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds 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. SECTION 3: The Terra Vista Community Plan, is hereby amended to change the Land Use Plan (Figure III-17) designation of 14.73 acres of undeveloped land in the Terra Vista Planned Community at the southeast corner of Haven Avenue and Church Street from Office to approximately 11.83 acres of Medium-High Residential (14-24 Dwelling Units Per Acre) and 2.90 acres of Neighborhood Commercial, including a Master Plan requirement designation, in words and figures, as shown in the attached Exhibit "A." CITY COUNCIL ORDINANCE NO. DRC2008-00161 — LEWIS COMMUNITY DEVELOPERS , 2008 Page 2 SECTION 4: Terra Vista Planned Community Land Use Plan (Figure III-17), is hereby amended to include a Conceptual Master Plan, as shown in Exhibit "B". SECTION 5: Pursuant to the California Environmental Quality Act ("CEQX) and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. a. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. b. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. C. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that anyone or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 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