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HomeMy WebLinkAbout21-07 ResolutionRESOLUTION NO. 21-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2021-00003, PROVIDING PAYMENT DEFERRAL OPTIONS FOR THE PUBLIC ART IN -LIEU FEE AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2021- 00003, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application". 2. On January 27, 2021 the Planning Commission of the City of Rancho Cucamonga conducted a 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 the Planning Commission during the above -referenced public hearing on January 27, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. General Plan Land Use Policy LU-14 identifies policies to support public art an as important amenity in the City. This amendment continues to advance the goal of providing public art through the provision of an in -lieu fee to be paid prior to project completion. 3. 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 project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Development Code Amendment does not propose any physical change to the environment itself. The amendment provides an option to delay the timing of payment of a specific fee (public art in -lieu). Development applications subject to the public art ordinance development subject to these provisions will be reviewed for CEQA compliance under a separate entitlement. During the entitlement process, the applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site -specific project. On a case -by -case review of each project, the appropriate environmental document will Exhibit 1 PLANNING COMMISSION RESOLUTION NO.21-07 MUNICIPAL CODE AMENDMENT DRC2021-00003 - CITY OF RANCHO CUCAMONGA January 27, 2021 Page 2 be prepared to address project -specific impacts: Therefore, the amendment will not have a significant effect on the environment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00605 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JANUARY 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ✓od Tony Guglielmo, Chairman ATTEST: -AC CY/! . U Anne McIntosh, AICP, Secretary I, Anne McIntosh, AICP, 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 a regular meeting of the Planning Commission held on the 27th day of January 2021, by the following vote - to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: