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HomeMy WebLinkAbout99-53 - Resolutions RESOLUTION NO. 99-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT DISTRICT AMENDMENT 99-02, A PROPOSAL TO CHANGE THE DEVELOPMENT DISTRICT DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE), FOR APPROXIMATELY 5.1 ACRES OF LAND, LOCATED ON THE SOUTHEAST CORNER OF HERMOSA AVENUE 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 Development District Amendment 99-02 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 May 12, 1999, and June 9, 1999, the Planning Commission of the City of Rancho Cucamonga recommended approval of the associated General Plan Amendment No. 99-02 to change the Land Use Map from Low Residential(2-4 dwelling units per Acre)to Low- Medium Residential (4-8 dwelling units per acre) for the property located at the southeast corner of Hermosa Avenue and 19th Street. 3. On May 12, 1999, and June 9, 1999, the Planning Commission 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 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 May 12, 1999, and June 9, 1999, including written and oral staff reports, together with public testimony, this Commission 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 single family house and citrus groves. Said property is currently designated as Low Residential (2-4 dwelling units per acre); and 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 dwelling 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 PLANNING COMMISSION RESOLUTION NO. 99-53 DDA 99-02 - CURRY BRANDAW ARCHITECTS June 9, 1999 Page 2 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 upon the approval of General Plan Amendment; and d. This amendment promotes the goals and objectives of the Development Code; 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. 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; and b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. The proposed amendment is in conformance with the General Plan by the adoption of General Plan Amendment 99-02. 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 recommends the City Council adopt 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 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-1- d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 99-53 DDA 99-02 - CURRY BRANDAW ARCHITECTS June 9, 1999 Page 2 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 upon the approval of General Plan Amendment; and d. This amendment promotes the goals and objectives of the Development Code; 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. 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; and b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. The proposed amendment is in conformance with the General Plan by the - adoption of General Plan Amendment 99-02. 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 recommends the City Council adopt 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 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-1- d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 99-53 DDA 99-02 - CURRY BRANDAW ARCHITECTS June 9, 1999 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 Development District Amendment No. 99-02 to change the zoning designation for the subject property to Low-Medium Residential (4-8 dwelling units per acre), as shown on the attached Exhibit"A." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JUNE 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: rat .... d La '. cNiel, Chairman ATTEST /% .:"!TW Iler, -ry 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 9th day of June 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE MI m 7 ' =r4 .":11.10, NC n..�� r. 1 1 iirrigilibrAg 1 i gm • N. rip F._G; 1 = ii a:a L va_w �,.,7 SUBJECT SITE LM E ! ig�'E �- Irk?�11 y y FROM LOW RESIDENTIAL tJfn�� - 1 TO LOW-MED I ; in IUM RESIDENTErInc �1 • iv rp A. tei 11�4 • ® lummuommoi\ CITY OF RANCHO CUCAMONGA DEVELOPMENT DISTRICT MAP RESIDENTIAL N'» VERY LOWz2 Du/AC -e LOW 2-4 DU/AC W I'S LOW-MEDIUM 4-8 DU/AC III'MI . MEDIUM 8-14 DU/AC f MEDIUM-HIGH 14-24 DU/AC ® HIGH 24-30 DU/AC 11 t h Ex4'ii