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HomeMy WebLinkAbout21-69 ResolutionRESOLUTION NO.2021-69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2021-00354 TO MODIFY ADMINISTRATIVE PROCEDURES, AMEND LAND USES AND DEFINITIONS AND CREATE NEW DEVELOPMENT STANDARDS FOR INDUSTRIAL DEVELOPMENT AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2021- 00354, 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 October 13, 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 October 13, 2021, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. On July 21, 2021, the City Council adopted Ordinance No. 982 to amend the land use regulations applicable to industrial uses, including new regulations applicable to the storage of materials and equipment on industrial -zoned properties and amendments to the Development Code's land use table to require discretionary use permits for certain types of industrial uses. The primary purpose of Ordinance No. 982 was to prohibit or further regulate industrial uses that often pose significant air quality, traffic, and aesthetic impacts. Ordinance No. 982 took effect on August 20, 2021; b. Given the extensive and innovative new land use regulations included in Ordinance No. 982, the City Council understood that certain refinements would be necessary as the regulations were applied to certain types of industrial uses and properties in order to avoid unintended consequences; C. The proposed changes provide clarity to public utilities and industrial developers with buildings that were under construction when Ordinance No. 982 took effect. In addition, two errors were discovered after the implementation of Ordinance No. 982: 1) A land use definition was added for "Food Processing/Manufacturing", however the use was not added to the land use Exhibit A PLANNING COMMISSION RESOLUTION NO. 2021-69 MUNICIPAL CODE AMENDMENT DRC2021-00354— CITY OF RANCHO CUCAMONGA October 13, 2021 Page 2 table defining where this use is allowed and 2) an extraneous line was included in Table 17.36.040-1 with no reference to any specific development standard; d. The City prepared a set of amendments (the "Amendments'), which is included as Attachment A to this Resolution and is hereby incorporated by this reference as if set forth in full; e. Development Code Amendment DRC2021-00354 conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan; and 3. The Planning Department has determined that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The Ordinance qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects 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 Ordinance does not propose any physical change to the environment itself. Public utilities are generally exempt from the City's zoning and building regulations, such that the proposed amendment to the storage regulations applicable to public utilities will not cause a change to the baseline environmental and regulatory setting. Furthermore, any industrial warehouse building currently under construction as of the effective date of Ordinance No. 982 underwent environmental review at the time the building's discretionary entitlements were approved. Such environmental review would have considered the effects of warehouse uses within the industrial warehouse buildings. No changes to the baseline environmental setting is caused by confirming that warehouse uses are permitted in buildings that were currently under construction when Ordinance No. 982 took effect. In addition, updates to the land use table and development standards table to correct errors and omissions do not create any relaxation of the development standards that were implemented prior to when Ordinance No. 982 became effective or have been applied since the effective date of Ordinance No. 982. Based on this evidence and all the evidence in the record, the Planning Commission concurs with the Planning Department staffs determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. 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 DRC2021-00354 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 13T" DAY OF OCTOBER 2021. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Francisco Oaxaxa, Chairman PLANNING COMMISSION RESOLUTION NO. 2021-69 MUNICIPAL CODE AMENDMENT DRC2021-00354— CITY OF RANCHO CUCAMONGA October 13, 2021 Page 3 ATTEST: AC 4&„^ Anne McIntosh, AIZN7 I, Anne McIntosh, 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 13' day of October 2021, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: