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HomeMy WebLinkAbout95-32 - Resolutions RESOLUTION NO. 95-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 95-01 AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-03, ADDING CHAPTER 9.28 TO THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING DEFINITIONS AND REGULATIONS PERTAINING TO CONVENIENCE STORES; AND RELATED AMENDMENTS TO THE DEVELOPMENT CODE AND THE INDUSTRIAL AREA SPECIFIC PLAN, ESTABLISHING A 1-FOOT CANDLE MINIMUM LIGHTING STANDARD FOR COMMERCIAL/INDUSTRIAL DEVELOPMENT, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 95-01 and Industrial Area Specific Plan Amendment 95-03, and the adding of Chapter 9.28 to the Municipal Code as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment and the Industrial Area Specific Plan Amendment is referred to as "the application. " 2 . On the 26th day of July 1995, 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 substantial evidence presented to this Commission during the above-referenced public hearing on July 26, 1995, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 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 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 b. That this amendment does promote the goals and objectives of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 95-32 DCA 95-01 & IASPA 95-03 - CITY OF RANCHO CUCAMONGA July 26, 1995 Page 2 c. That 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. That the subject application is consistent with the objectives the Development Code; and e. That the proposed amendment is in conformance with the General Plan. 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15301, Class 1 (a) and (f) . 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 No. 95-01 and Industrial Area Specific Plan Amendment 95-03 and adding Chapter 9.28 to the Municipal Code by the adoption of the attached City Council Ordinances. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF JULY 1995. PLANNING COMMISSION OF THE C OF RANCHO CUCAMONGA %4W,ama► _ .J BY: E.W' _ ATTEST: "t�, &et- Brad , S y 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 26th day of July 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL, MELCHER ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT NO. 95-01, AMENDING THE DEVELOPMENT CODE, CHAPTER 17.12 PARKING REGULATIONS. A. Recitals. 1. The purpose and intent of this Ordinance is to increase public safety through adoption of a minimum lighting standard for parking lots. 2. On the 26th day of July 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the above-referenced Development Code Amendment, and following conclusion thereof, adopted its Resolution No. 95-32, recommending that the City Council adopt these amendments. 3. On , the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the subject amendments to the Development Code. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: The 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: The City Council of the City of Rancho Cucamonga hereby finds that this amendment is established and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare; and more particularly: 1. To implement the goals and objectives of the General Plan. 2. To protect the physical, social, and economic stability of commercial, office, and other land uses within the City to assure its orderly and beneficial development; 3. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and 4. To attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning. SECTION 3: The City Council of the City of Rancho Cucamonga hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that, based upon substantial evidence, it can be seen with certainty that there is not a possibility that the proposed Ordinance will have a significant effect on the environment and therefore, the proposed Ordinance is exempt; pursuant to State CEQA Guidelines Section 15301, Class 1(a) and (f). CITY COUNCIL ORDINANCE NO. DCA 95-01 - CITY OF RANCHO CUCAMONGA Page 2 SECTION 4: Section 17.12.030A.6 is hereby amended to read as shown in bold text in Exhibit 1 attached hereto for reference. SECTION 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion 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 portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional. SECTION 6: Publication. The Mayor shall sign this Ordinance and the City Clerk 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. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 95-03, AMENDING PART III, SUBSECTION IV DEVELOPMENT STANDARDS. A. Recitals. 1. The purpose and intent of this Ordinance is to increase public safety through adoption of a minimum lighting standard for parking lots. 2. On the 26th day of July 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the above-referenced Industrial Area Specific Plan Amendment, and following conclusion thereof, adopted its Resolution No. 95-32, recommending that the City Council adopt these amendments. 3. On , the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the subject amendments to the Development Code. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: The 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: The City Council of the City of Rancho Cucamonga hereby finds that this amendment is established and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare; and more particularly: 1. To implement the goals and objectives of the General Plan. 2. To protect the physical, social, and economic stability of commercial, office, and other land uses within the City to assure its orderly and beneficial development; 3. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and 4. To attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning. SECTION 3: The City Council of the City of Rancho Cucamonga hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that, based upon substantial evidence, it can be seen with certainty that there is not a possibility that the proposed Ordinance will have a significant effect on the environment and therefore, the proposed Ordinance is exempt; pursuant to State CEQA Guidelines Section 15301, Class 1(a) and (f). SECTION 4: Part III, Subsection IV Development Standards, General Provisions A.4, shown in bold text in Exhibit 1, and attached hereto for reference. CITY COUNCIL ORDINANCE NO. ISPA 95-03 - CITY OF RANCHO CUCAMONGA Page 2 SECTION 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion 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 portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional. SECTION 6: Publication. The Mayor shall sign this Ordinance and the City Clerk 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.