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Home My WebLink About12-079 - Resolutions RESOLUTION NO. 12-079 A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL ADOPTING DRC2010-00157,THE LA/ONTARIO INTERNATIONAL AIRPORT LAND USE COMPATIBILITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga filed an application for DRC2010-00157, LA/Ontario International Airport Land Use Compatibility Plan (ALUCP), as described in the title of this Resolution. Hereinafter in this Resolution, the subject LA/Ontario International Airport Land Use Compatibility Plan is referred to as "the application." 2. The City of Ontario's Resolution No. 95-34 established the City of Ontario as the responsible agency for land use compatibility planning for the LA/ONT International Airport. 3. The primary purpose of the ALUCP is to promote land use compatibility between the LA/ONT International Airport and the land uses within the Airport Influence Area (AIA) from associated impacts from aircraft operations, such as safety, noise,airspace protection and overflight notification. 4. The City of Rancho Cucamonga is within the AIA that will be affected by aircraft operations as described in the Simplified Airport Diagram for the LA/Ontario International Airport. 5. On February 22, 2011, the City of Ontario Planning Commission conducted a public hearing to consider the Negative Declaration and the ALUCP and continued said hearing to March 22, 2011. 6. On March 22, 2011,the City of Ontario Planning Commission conducted a public hearing to consider the Negative Declaration and the ALUCP and concluded said hearing on that date. The City of Ontario Planning Commission adopted its Resolution PCI 1-018, recommending approval of the LA/Ontario International Airport Land Use Compatibility Plan to the Ontario City Council. 7. On April 5, 2011, the Ontario City Council conducted a public hearing to consider the Negative Declaration and the ALUCP and introduced Ordinance No. 2935. 8. On April 19, 2011, the Ontario City Council adopted a Negative Declaration and approved the 2011 LA/ONT ALUCP by adopting Ordinance No. 2935. 9. On May 9, 2012, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. Following the hearing, Planning Commission adopted its Resolution 12-20, recommending adoption of the application. 10. On June 6, 2012, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on LA/Ontario International Airport Land Use Compatibility Plan and concluded said hearing on that date. 11. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. 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. 2. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on June 6, 2012, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to the property located within the City; and b. An Initial Study was prepared for the LA/Ontario International Airport Land Use Compatibility Plan and the Initial Study finds that that all environmental impacts from the LA/Ontario International Airport Land Use Compatibility Plan are either of no impact or less-than-significant impact; therefore, the proposed LA/Ontario International Airport Land Use Compatibility Plan amendment will not have a significant impact on the environment; and C. The City of Rancho Cucamonga is within the Airport Influence Area of Ontario International Airport; and d. Pursuant to Public Utilities Code Section 21670.1(c), in order to protect the public, health, safety and welfare, it is necessary for each agency within an Airport Influence Area that has an adopted Airport Land Use Compatibility Plan by the lead agency (City of Ontario) to adopt and implement the Airport Land Use Compatibility Plan in order to ensure airport safety and compatible land planning; and e. The ALUCP is consistent with State Law and has a 20-year horizon, taking into consideration regional projections and future airport expansion plans that would airport activity and associated impacts. 3. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a. The adoption of the LA/Ontario International Airport Land Use Compatibility Plan does promote the Land Use Policies and Implementation Actions of the General Plan by providing a comprehensive document that will ensure aircraft safety and land use compatibility planning around the LA/Ontario International Airport when the future runway expansion occurs; and b. The adoption of the LA/Ontario International Airport Land Use Compatibility Plan does promote the goals and objectives of the Development Code by ensuring thatfuture developmentwill not detrimentally impact aircraft operations or be a physical hazard to aircraft arriving or departing from LA/Ontario International Airport when the future runway expansion occurs; and C. The adoption of the LA/Ontario International Airport Land Use Compatibility Plan will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The LA/Ontario International Airport Land Use Compatibility Plan will prescribe building height limits in order to protect airspace protection for aircraft operations; and d. The adoption of the LA/Ontario International Airport Land Use Compatibility Plan does promote the goals and objectives of the Development Code by providing a streamlined process by which local agencies can ensure that development within the Airport Influence Area is compliant with the LA/Ontario International Airport Land Use Compatibility Plan; and Resolution No. 12-079 - Page 2 of 4 e. The adoption of the LA/Ontario International Airport Land Use Compatibility Plan balances the need to maintain aircraft safety without adversely impacting the full economic use of properties within the Industrial Districts by allowing building heights up to 70 feet, the same as currently permitted in the Development Code. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the adoption of the LA/Ontario International Airport Land Use Compatibility Plan(hereinafter in paragraph 4,the subject LA/Ontario International Airport Land Use Compatibility Plan is referred to as"the project")will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the 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 there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration, and based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council adopts the Negative Declaration. C. The custodian of the records for the Initial Study, Negative Declaration, 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. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above and upon the substantial evidence presented to the City Council during the above-referenced public hearing on June 6, 2012, including written and oral staff reports, together with public testimony,and the recommendation from the Planning Commission,the City Council hereby adopts the LA/Ontario International Airport Land Use Compatibility Plan DRC2010-00157. NOW,THEREFORE, it is hereby found,determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: The LA/Ontario International Airport Land Use Compatibility Plan DRC2010-00157 shall be available for public inspection at the Rancho Cucamonga City Hall, at the Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. 6. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 12-079 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 6U'day of June 2012. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L D6nnisIrAichael, May6r ATTEST: ( ,cl�nice C. Reynolds, City Cle k I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 6th day of June 2012. Executed this 71 day of June 2012, at Rancho Cucamonga, California. &nice C. Reynolds, City Ckkk Resolution No. 12-079 - Page 4 of 4