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HomeMy WebLinkAboutReso PC 25-022 RESOLUTION NO. 2025-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL (1) ADOPT AN ORDINANCE AMENDING SECTION 16.36.09 OF, AND ADDING CHAPTER 17.84 TO, THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING UNDERGROUNDING OVERHEAD UTILITIES AND (2) FIND THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A. Recitals. 1. The City of Rancho Cucamonga has prepared a set of amendments, as described in the title of this Resolution, to the City's Subdivision Ordinance (Title 16 of the Rancho Cucamonga Municipal Code) and Development Code (Title 17 of the Rancho Cucamonga Municipal Code). Hereinafter in this Resolution, the subject Municipal Code amendments are collectively referred to as the "Amendments." 2. Rancho Cucamonga Municipal Code Section 17.22.040.B.2 requires the Planning Commission to hold a hearing and provide a recommendation to the City Council on proposed Development Code Amendments. 3. On July 23, 2025, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendments and concluded said hearing on that date. 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 Planning Commission hereby 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 the Planning Commission during the above-referenced public hearing on July 23, 2025, including written and oral staff reports, together with public testimony, this Planning Commission hereby finds as follows: a. The Articles/Chapters/Sections of the Municipal Code subject to the Amendments are as follows: 1 (1) Section 16.36.09 ("Required improvements; utilities") to amend Section 16.36.09 to require all new and existing overhead utility lines to comply with the requirements of Chapter 17.84 of the Rancho Cucamonga Municipal Code; (2) Chapter 17.84 ("Underground Utilities') to add Sections 17.84.010 through 17.84.080 to codify requirements for, and processes related to, undergrounding overhead utilities. b. The City prepared the Amendments, which are included in Exhibit "A," to this Resolution and are hereby incorporated by this reference as set forth in full. C. The Amendments conform to and do not conflict with the goals, policies, and implementation programs of the General Plan, including, without limitation, Goal S-5.6 which provides: "Underground Utilities. Promote under-grounding of utilities for new development, major remodels, and redevelopment." d. The Amendments have been reviewed pursuant to the California Environmental Quality Act ("CEQA') (Pub. Resources Code, § 21000 et seq.) and the City's local CEQA Guidelines, and are exempt from CEQA. (1) Pursuant to CEQA Guidelines Sections 15060(c)(2) and 15378(a), the proposed Amendments are not considered a "Project" under CEQA because it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. This is due to the fact that the Amendments not change any practice or procedure, but rather clarify and codify existing practice. Furthermore, the proposed Amendments are exempt from the CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment because most new development in the City is required to underground utilities along their frontage and this does not change that requirement. Furthermore, the Amendments are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302(c) which exempts from review the replacement or reconstruction of existing utility systems and/or facilities involving a negligible or no expansion of capacity. For existing utility systems that are required to be placed underground, there will be a negligible or no expansion of capacity. Additionally, the Amendments are categorically exempt pursuant to CEQA Guidelines Section 15302(d) which exempts from review the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity replaced including conversion of overhead electric utility distribution facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. For any new development where the undergrounding of utilities is required, the adoption of this Amendments are categorically exempt pursuant to CEQA Guidelines Section 15303(d) which exempts from review the construction of and location of new small facilities and 2 structures including water main, sewage, electrical, gas, and other utility extensions including street improvements, of reasonable length to serve such construction. (2) The Planning Commission has reviewed the proposed Amendments, along with the CEQA exemption analysis in subparagraph 1 of paragraph d above, and, hereby recommends that the City Council finds the Amendments exempt from CEQA. 3. Based upon the findings and conclusions set forth in subparagraphs 1 and 2 of paragraph B above, the Planning Commission hereby recommends that the City Council adopt an ordinance as indicated in Exhibit "A", and incorporated herein by this reference. 4. The Secretary of the Planning Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23rd DAY OF JULY, 2025. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony Morales, Chairman ATTEST: �— nni U Nakamura, Secretary I, Jennifer Nakamura, Secretary of the Planning Commission for 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 an adjourned regular meeting of the Planning Commission held on the 23rd day of July, 2025, by the following vote-to-wit: AYES: COMMISSIONERS: MORALES, BOLING, DOPP NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DANIELS, DIAZ ABSTAIN: COMMISSIONERS: 3