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HomeMy WebLinkAboutReso 22-01RESOLUTION NO. 22-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF = RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH No. 2021060608) PREPARED FOR THE 11298 JERSEY BLVD, LLC PROJECT WHICH PROPOSES TO CONSTRUCT A 159,580 SQUARE -FOOT INDUSTRIAL/WAREHOUSE BUILDING ON A VACANT 7.39-ACRE PARCEL WITHIN THE INDUSTRIAL EMPLOYMENT (IE) DISTRICT, LOCATED AT THE NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE - APN: 0229-111-60, MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM A. Recitals. 1. 11298 Jersey Blvd, LLC filed a development application for Design Review (DRC2019- 00766) for a development project as described in the title of this Resolution (the "Project'). 2. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources and determined that an EIR must be prepared for the Project in order to analyze the Project's potential impacts on the environment. 3. Pursuant to CEQA Guidelines, Section 15082, on June 28, 2021, the City published a Notice of Preparation (NOP) of a Daft EIR for the Project, and circulated the NOP and initial study to the Office of Planning and Research, the County Clerk, responsible and trustee agencies, governmental agencies, organizations, and persons who may be interested in the application for a 30-day public review period. 4. The City received comments from the Native American Heritage Commission in response to the NOP. 5. After providing notice to the required tribes under AB 52, the City received comments from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians- Kizh Nation in accordance with the City's obligations under AB 52. 6. The City released the Draft EIR for a 45-day public review period beginning November 12, 2021 and ending on December 27, 2021. During the public review period the City received a total of 2 comment letters on the Draft EIR that required a response, and the City has prepared response to each comment. 7. The EIR concludes that with the inclusion of mitigation measures, the Project will not have a significant impact on any environmental resources. 8. The City prepared a Final EIR in accordance with CEQA, which contains the City's responses to comments, a Mitigation Monitoring and, Reporting Program (MMRP) for the Project, the Draft EIR as modified by the Final EIR, and all appendices. Exhibit I PLANNING COMMISSION RESOLUTION NO. 22-01 11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022 Page 2 9. On February 9, 2022, the Planning Commission conducted a duly noticed public hearing to consider the Project and concluded the hearing on that date. 10. 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 City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Findings. Based upon the information and evidence set forth in the Final EIR, together with its appendices, and all other available evidence presented to the Planning Commission during the above -referenced public hearing on February 9, 2022, including written and oral staff reports and public testimony, the Planning Commission hereby specifically finds as follows: a. Agencies and interested members of the public have been afforded due notice and an opportunity to comment on the EIR and the Project. b. Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding: i. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR; ii. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or iii. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. These required findings are set forth in the attached Exhibit A and incorporated herein by this reference. C. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section 4 of Exhibit A, attached hereto and incorporated herein by reference. d. Environmental impacts identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Section 5 of Exhibit A attached hereto and incorporated herein by reference. PLANNING COMMISSION RESOLUTION NO. 22-01 11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022 Page 3 e. No environmental impacts were identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures, and a statement further confirming this conclusion is provided in Section 6 of Exhibit A, attached hereto and incorporated herein by reference. f. State CEQA Guidelines Section 15091 and Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B and is hereby incorporated herein by reference. Further, the mitigation measures set forth therein are made applicable to the Project. g. Prior to taking action on the Final EIR and approving the Project, the Planning Commission specifically finds and certifies that: (1) the Final EIR was presented to the Planning Commission; (2) the Planning Commission reviewed and considered the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings; (3) the Final EIR is adequate and has been completed in full compliance with CEQA; and (4) the Final EIR reflects the Planning Commission's independent judgment and analysis. h. No comments or any additional information submitted to the City have produced any substantial new information requiring additional recirculation or additional environmental review of the Project under CEQA. 3. Determination. On the basis of the foregoing and all of the evidence in the administrative record before it, the Planning Commission hereby certifies the Final EIR, adopts findings pursuant to the CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference, and adopts the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B and incorporated herein by reference. 4. Location of Record. The documents and other materials, including the staff reports, technical studies, appendices, plans, and specifications, that constitute the record on which this Resolution is based are located in the Planning Department and are in the custody of the Planning Director, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. All such documents are incorporated herein by reference. 5. Certification. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2022. PLANNING COMMI THE CITY OF RANCHO CUCAMONGA BY: Bryan o airman PLANNING COMMISSION RESOLUTION NO. 22-01 11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022 Page 4 ATTEST: AICP, LEED, AP, Secretary I, Matthew R. Burr AICP, LEED, AP, Secretary of the Planning Commission of the City of Rancho Cucamong 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 February 2022, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, MORALES, BOLING, DANIELS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: WILLIAMS ABSTAIN: COMMISSIONERS: