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HomeMy WebLinkAbout08-01 - Resolutions RESOLUTION NO. 08-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2007-00810 TO AMEND SECTION 17.30.030 AND TABLE 17.30.030 TO ALLOW AUTOMOBILE SALES AND LEASING, SUBJECT TO A CONDITIONAL USE PERMIT, IN THE GENERAL INDUSTRIAL(GI) DISTRICT, SUBAREA 1; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2007-00810, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 9th day of January 2008 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 January 9, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to General Industrial (GI) District, Subarea 1, a development district located within the City; and b. Automotive-related uses including fleet storage,automotive rental,automotive/truck repair, and automotive service courts are currently permitted or conditionally permitted in this development district; and C. This irregularly shaped development district is bound by General Industrial (GI) District, Subarea 2 to the east and residences in the City of Ontario to the south. Due to its physical shape, this district is bound by a combination of residential and industrial districts to the north and west; and d. The amendment will allow in General Industrial (GI) District, Subarea 1, automotive sales and leasing, defined as activities that involve the "display, sale, or leasing of new and used automobiles, trucks, and recreational vehicles; minor automotive repair; and installation of accessories", following the review and approval of a conditional use permit. e. The proposed amendment will not have a significant impact on the environment. PLANNING COMMISSION RESOLUTION NO. 08-01 DRC2007-00810 - CITY OF RANCHO CUCAMONGA January 9, 2008 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. This amendment does 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 b. This amendment promotes the goals and objectives of the Development Code;and C. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 4. The Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. The proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061 because the application.is not a project. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment DRC2007-00810 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2008 PLANNIN2GM MISSION OF THE CITY OF RANCHO CUCAMONGA BY: P tewart, Chairman ATTEST: R,, J es R. Troyer, AICP, Secrdtory 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 9th day of January 2008 by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 08-01 DRC2007-00810 - CITY OF RANCHO CUCAMONGA January 9, 2008 Page 3 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE I ORDINANCE NO. xx-xx AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007- 00810 — A REQUEST TO AMEND SECTION 17.30.030 AND TABLE 17.30.030 TO ALLOW AUTOMOBILE SALES AND LEASING, SUBJECT TO A CONDITIONAL USE PERMIT, IN THE GENERAL INDUSTRIAL (GI) DISTRICT, SUBAREA 1; AND MAKING FINDINGS IN SUPPORT THEREOF — APNS: 0207-022-07,. 0207-262-19, -21, -24, -28, -35, -36, -41, -42, -43, -45 through -51, -59; 020725110; 0207-541-60; 0207-252-92 and -93; 0207-271-14, - 23, -25, -27, -28, -31, -33, -39, -40, -42, -46, -47, -49 through -52, -56, -57, -58, -60 through -78 A. Recitals. 1. On January 9, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment DRC2007-00810 and, following the conclusion thereof, adopted its Resolution No. 08-01, recommending that the City Council of the City of Rancho Cucamonga approve the Development Code Amendment. 2. On , 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated Development Code Amendment DRC2007-00810 and issued Resolution No. 08-01, recommending approval of the associated Development Code Amendment. 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. The application applies to General Industrial (GI) District, Subarea 1, a development district located within the City; and b. Automotive-related uses including fleet storage, automotive rental, automotive/truck repair, and automotive service courts are currently permitted in this development district; C. The amendment will allow in General Industrial (GI) District, Subarea 1, following the review and approval of a Conditional Use Permit, automotive sales and leasing which is defined as activities that involve the "display, sale, or leasing of new and used automobiles, trucks, and recreational vehicles; minor automotive repair; and installation of accessories". CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT - DRC2007-00810 — CITY OF RANCHO CUCAMONGA Page 2 d. This irregularly shaped development district is bound by General Industrial (GI) District, Subarea 2 to the east and residences in the City of Ontario to the south. Due to its physical shape, this district is bound by a combination of residential and industrial districts to the north and west; e. 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; f. This amendment does promote the goals and objectives of the Land Use Element by allowing the existing commercial uses on the property to continue operation and serve the surrounding community; and g. The subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 21080.17 of the Public Resource Code and Section 15282(1) of Division 6 Title 14 of the California Code of Regulation. The proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061 because the application is not a project. SECTION 3: The Development Code, Section 17.30.030 and Table 17.30.030, is hereby amended to change in words and figures, as shown in the attached Exhibit 'A'. SECTION 4: The Development Code, Section 17.30.030 and Table 17.30.030, is hereby amended in words and figures, to allow automobile sales and leasing, subject to a Conditional Use Permit in the General Industrial (GI) District, Subarea 1 as shown in the attached Exhibit 'B'. SECTION 5: 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 any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: 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.