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HomeMy WebLinkAbout12-080 - Resolutions RESOLUTION NO. 12-080 A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL ADOPTING THE COOPERATIVE AGREEMENT FOR ESTABLISHING THE ONTARIO INTERNATIONAL AIRPORT - INTER AGENCY COLLABORATIVE(ONT-IAC)TO ESTABLISH A COOPERATIVE PROCESS IN ORDER TO IMPLEMENT THE GOALS AND POLICES OF THE LA/ONT AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP); AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga filed an application for DRC2010-00157,the LA/Ontario International Airport Land Use Compatibility Plan(ALUCP). The ALUCP requires that an associated Cooperative Agreement be adopted in order for the City of Rancho Cucamonga to implement the goals and policies of the ALUCP, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Cooperative Agreement for establishing the Ontario International Airport Inter Agency Collaborative (ONT-IAC) is referred to as "the application." 2. The City of Ontario's Resolution No. 95-34 established the City of Ontario as the responsible agency for land use compatibility planning for the LA/ONT International Airport. 3. The primary purpose the Cooperative Agreement for the ALUCP is to establish a cooperative process and partnership to implement the goals and policies of the ALUCP in order to promote land use compatibility between the LA/ONT International Airport and the land uses within the Airport Influence Area (AIA) from associated impacts from aircraft operations, such as safety, noise, airspace protection and overflight notification. 4. The City of Rancho Cucamonga is within the AIA that will be affected by aircraft operations as described in the Simplified Airport Diagram for the LA/Ontario International Airport. 5. On February 22, 2011, the City of Ontario Planning Commission conducted a public hearing to consider the Negative Declaration and the ALUCP and continued said hearing to March 22, 2011. 6. On March 22, 2011,the City of Ontario Planning Commission conducted a public hearing to consider the Negative Declaration and the ALUCP and concluded said hearing on that date. The City of Ontario Planning Commission adopted its Resolution PC11-018, recommending approval of the LA/Ontario International Airport Land Use Compatibility Plan to the Ontario City Council. 7. On April 5, 2011, the Ontario City Council conducted a public hearing to consider the Negative Declaration and the ALUCP and introduced Ordinance No. 2935. 8. On April 19, 2011, the Ontario City Council adopted a Negative Declaration and approved the 2011 LA/ONT ALUCP by adopting Ordinance No. 2935 that established the ONT Airport Influence Area (AIA). The AIA is a geographic area that represents current and future airport-related safety, noise, airspace protection, and overflight impacts that may significantly affect land uses or necessitate restrictions on those uses. The ALUCP includes procedural policies that modify the previously established Alternative Process to include the required participation by all jurisdictions in San Bernardino County with lands within the AIA and for the optional participation of Riverside County. 9. On May 9, 2012,the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. Following the hearing, the Planning Commission adopted its Resolution 12-21, recommending adoption of the application. 10. State Law Public Utilities Code Section 21670.1(c)(2) (Alternative Process) allows local agencies to be responsible for airport land use compatibility planning in place of an Airport Land Use Commission. 11. The County of San Bernardino and its cities elected to follow the Alternative Process in 1995 disbanding the West Valley Airport Land Use Commission and designating the City of Ontario as the responsible agency for airport land use compatibility planning for Ontario International Airport (ONT). 12. The City of Rancho Cucamonga has participated in a Technical Advisory Committee for the development of the ONT ALUCP. 13. On June 6, 2012,the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on LA/Ontario International Airport Land Use Compatibility Plan and associated Cooperative Agreement for the ONT— IAC and concluded said hearing on that date. 14. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. 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. 2. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on June 6, 2012, including written and oral staff reports,together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to the property located within the City; and b. An Initial Study was prepared for the LA/Ontario International Airport Land Use Compatibility Plan and the associated Cooperative Agreement and the Initial Study finds that all environmental impacts from the LA/Ontario International Airport Land Use Compatibility Plan and the Cooperative Agreement are either of no impact or less-than-significant impact; therefore, the adoption of the Cooperative Agreement will not have a significant impact on the environment; and C. The City of Rancho Cucamonga is within the Airport Influence Area of Ontario International Airport; and d. Pursuant to Public Utilities Code Section 21670.1(c), in order to protect the public, health, safety and welfare, it is necessary for each agency within an Airport Influence Area that has an adopted Airport Land Use Compatibility Plan prepared by the lead agency (City of Ontario) to adopt and implement the Airport Land Use Compatibility Plan and the associated Cooperative Agreement; and e. Adopting the Cooperative Agreement for the ONT—IAC will ensure airport safety, promote compatible land planning, establish a cooperative process and partnership to comply with State Law for the Alternative Process, thereby implementing the goals and policies of the ALUCP; and Resolution No. 12-080 - Page 2 of 5 3. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a. The adoption of the Cooperative Agreement to establish the Ontario International Airport Inter Agency Collaborative (ONT-IAC) does promote the Land Use Policies and Implementation Actions of the General Plan and will provide for logical and orderly development of the built environment by providing a document that will establish a cooperative process for agencies within the LA/ONT Airport Influence Area to ensure aircraft safety and land use compatibility planning around the LA/ONT Airport and the future runway expansion; and b. The adoption of the Cooperative Agreement to establish the (ONT-IAC) does promote the goals and objectives of the Development Code by ensuring that future development with the Airport Influence Area will adhere to an orderly review process. This review process will ensure that development will not detrimentally impact aircraft operations or be a physical hazard to aircraft arriving or departing from LA/Ontario International Airport when the future runway expansion occurs; and C. The adoption of the Cooperative Agreement to establish the(ONT-IAC)will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The Cooperative Agreement will promote the public, health, safety and welfare by providing a multi-agency partnership that ensures that airspace and aircraft operations at LA/ONT are protected from hazards; and d. The adoption of the Cooperative Agreement does promote the goals and objectives of the Development Code by providing a streamlined but orderly process by which local agencies submit project reviews in order to ensure that development within the Airport Influence Area is compliant with the LA/Ontario International Airport Land Use Compatibility Plan; and e. The adoption of the Cooperative Agreement is required for municipalities within the Airport Influence Area to comply with the State Law provisions of the Alternative Process. f. The Cooperative Agreement(Attachment*) establishes the Ontario International Airport— Inter Agency Collaborative (ONT-IAC), a collaborative process and partnership with the Cities of Chino, Fontana, Montclair, Ontario, Rancho Cucamonga, and Upland, and the Counties of Riverside and San Bernardino, for Airport Land Use Compatibility Planning for ONT. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the adoption of the Cooperative Agreement(hereinafter in paragraph 4,the subject Cooperative Agreement is referred to as "the project") will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. Resolution No. 12-080 - Page 3 of 5 b. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration, and based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council adopts the Negative Declaration. C. The custodian of the records for the Initial Study, Negative Declaration, and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above and upon the substantial evidence presented to the City Council during the above-referenced public hearing on June 6, 2012, including written and oral staff reports,together with public testimony, and the recommendation from the Planning Commission, the City Council hereby adopts the Cooperative Agreement to establish the Ontario International Airport Inter Agency Collaborative (ONT-IAC) by adoption of this Resolution. 6. The effective date of the Cooperative Agreement is after Caltrans Division of Aeronautics approval. The Cooperative Agreement shall remain in effect unless and until such time as subsequent modifications are requested and approved by each of the Participating Agencies. 7. A fee schedule may be adopted at a future hearing by the City of Ontario, with the consensus of ONT-IAC members to recover costs associated with Major Land Use Actions requiring public hearing and mediation. 8. The City Council of the City of Ontario will conduct a hearing to establish, manage, and participate in the ONT-IAC, upon collecting signatures from all affected agencies and forward the signed Cooperative Agreement to the State Division of Aeronautics for approval. 9. The City of Ontario will be responsible for forwarding a copy of the signed,Cooperative Agreement to the City of Rancho Cucamonga and subsequently a copy of the letter of approval from the Division of Aeronautics once received. NOW, THEREFORE, it is hereby found,determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: The City Council of the City of Rancho Cucamonga approves the participation by the City of Rancho Cucamonga in the ONT-IAC for the implementation of the Ontario International Airport Land Use Compatibility Plan and authorizes the City Manager of the City of Rancho Cucamonga to execute the Cooperative Agreement for the ONT-IAC. The Cooperative Agreement for the Ontario International Airport Inter Agency Collaborative (ONT-IAC)for the LA/ONT ALUCP(DRC2010-00157) shall be available for public inspection at the Rancho Cucamonga City Hall, at the Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. 10. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,celcation and signatures Resolution No. 12-080 - Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 6' day of June 2012. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L.tleKnis Michael, May ATTEST: anice C. Reynolds, Citf Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 6`" day of June 2012. Executed this 7" day of June 2012, at Rancho Cucamonga, California. nice C. Reynolds, City Clerk Resolution No. 12-080 - Page 5 of 5