HomeMy WebLinkAbout854 - OrdinancesORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
INDUSTRIAL AREA SPECIFIC PLAN (IASP) SUBAREA 18
AMENDMENT DRC2010-00685, AMENDING SECTION 5.3.2 OF
THE IASP SUBAREA 18 BY ADDING LANGUAGE REQUIRING
COMPLIANCE WITH BUILDING HEIGHT LIMITS IN THE
LA/ONTARIO INTERNATIONAL AIRPORT LAND USE
COMPATIBILITY PLAN; AND MAKING FINDINGS IN SUPPORT
THEREOF
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Industrial Area Specific Plan
(IASP) Subarea 18 Amendment DRC2010-00685, a request to amend Section 5.3.2 of the IASP
Subarea 18, as described in the title of this Ordinance. Hereinafter in this Ordinance, the
subject amendment 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. On April 19, 2011, the Ontario City Council adopted a Negative Declaration and
approved the 2011 LA/ONT Airport Land Use Compatibility Plan (ALUCP) by adopting
Ordinance No. 2935.
4. The City of Rancho Cucamonga is within the Airport Influence Area (AIA) that will be
affected by aircraft operations as described in the Simplified Airport Diagram for the LA/Ontario
International Airport.
5. State law requires that General Plans and Specific Plans must be consistent with
adopted airport compatibility plans (Government Code Section 65302.3). Following adoption of
the LA/ONT ALUCP, each jurisdiction within the AIA must achieve vertical consistency with its
land use policy documents.
6. On January 11, 2012, the Planning Commission approved the initiation of IASP
Subarea 18 Amendment DRC2010-00685.
7. On May 9, 2012, the Planning Commission of the City of Rancho Cucamonga
conducted a noticed public hearing with respect to the above referenced Industrial Area Specific
Plan Amendment DRC2010-00685 and following the conclusion thereof adopted its
Resolution No. 12-22 recommending that the City Council of the City of Rancho Cucamonga
adopt IASP Subarea Text Amendment DRC2010-00685.
8. On June 6, 2012, the City Council of the City of Rancho Cucamonga conducted a
noticed public hearing on the application.
9. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 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.
SECTION 2: Based upon 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 Industrial Area Specific Plan Subarea 18
Amendment and the LA/Ontario International Airport Land Use Compatibility Plan and the Initial
Study finds that all environmental impacts are either of no impact or less-than-significant impact;
therefore, the proposed Industrial Area Specific Plan Subarea 18 Amendment 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 by the lead agency (City of Ontario) to
adopt and implement the Airport Land Use Compatibility Plan in order to ensure airport safety
and compatible land planning; and
e. State law requires land use plans and development proposals to be consistent with
policies set forth in Airport Land Use Compatibility Plans. Along with each member agency
being required to adopt the ALUCP, each jurisdiction within the Airport Influence Area will need
to achieve vertical consistency with its land use policy documents. The proposed text
amendment to the IASP Subarea 18 will provide the IASP Subarea 18 with language ensuring
compatibility with the LA/ONT ALUCP; and
f. The IASP Subarea 18 Amendment does promote the Land Use Policies and
Implementation Actions of the General Plan by amending a specific plan within the Airport
Influence Area of the LA/Ontario International Airport in order to achieve vertical consistency
among land use documents in order to ensure aircraft safety and land use compatibility planning
around the LA/Ontario International Airport and the future runway expansion; and
g. The adoption of the IASP Subarea 18 Amendment does promote the goals and
objectives of the Development Code by ensuring that future 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
h. The adoption of the IASP Subarea 18 Amendment will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvements in the
vicinity. The IASP Subarea 18 Amendment will provide language ensuring compatibility with the
LA/Ontario ALUCP by prescribing building height limits in order to provide airspace protection
for aircraft operations; and
Ordinance No. 854 -Page 2 of 5
i. The adoption of the IASP Subarea 18 Amendment does promote the goals and
objectives of the Development Code by providing a streamlined process by which local
agencies can ensure that development within the Airport Influence Area is compliant with the
LA/Ontario International Airport Land Use Compatibility Plan. The IASP Subarea 18 text
Amendment will provide language so that development in Subarea 18 does not adversely
impact aircraft operations from LA/Ontario International Airport; and
j. The proposed amendment is in conformance with the General Plan since the
adoption of the IASP Subarea 18 Amendment balances the need to maintain aircraft safety
without adversely impacting the full economic use of properties within Subarea 18 by allowing
building heights up to 70 feet within the High Terrain Zone, which will permit buildings up to 6
stories. Additionally, the proposed text amendment includes a provision to permit building
heights up to 90 feet for offices and hotels within Subarea 18, provided an exception is obtained
from the Federal Aviation Administration.
SECTION 3: 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 IASP
Subarea 18 Amendment (hereinafter in Section 3, the subject IASP Subarea 18 Amendment 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 Califomia 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.
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 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.
SECTION 4: Based upon the findings and conclusions set forth in Sections 1, 2 and 3
above, this Council hereby approves Industrial Area Specific Plan Subarea 18 DRC2010-
00685 as follows:
SECTION 5: SECTION 5.3.2 of the Industrial Area Specific Plan Subarea 18 is hereby
amended to read, in words and figures, as follows:
Section 5.3.2, Architecture, Building HeighUBulk/Massing:
Ordinance No. 854 -Page 3 of 5
The following text shall be deleted (deleted text in s#ikeHireugl;):
SECTION 6: SECTION 5.3.2 of the Industrial Area Specific Plan Subarea 18 is hereby
amended to read, in words and figures, as follows:
Section 5.3.2, Architecture, Building Height/Bulk/Massing:
The following text shall be added (new text in bold)
Building height limits within Subarea 18 shall not exceed the height limits
prescribed in the LAlOntario International Airport Compatibility Plan. For Planning
Areas within the High Terrain Zone, the building height limit shall be 70 feet.
Buildings or structures greater than 70 feet in height within the High Terrain Zone
are subject to the ONT-IAC Project Notification Process and require a Federal
Aviation Administration (FAA) exception (Obstruction Evaluation -Form 7460). For
Planning Areas outside the High Terrain Zone, building height limits shall be
governed by the LA/Ontario International Airport Compatibility Plan. Building or
structures greater than LA/Ontario International Airport Compatibility Plan limits are
subject to the ONT-IAC Project Notification Process and require a Federal Aviation
Administration (FAA) exception (Obstruction Evaluation -Form 7460). In cases
where the LAlOntario International Airport Compatibility Plan permits heights
greater than 70 feet or the FAA has granted an exception to exceed 70 foot
threshold within the High Terrain Zone, the following limits shall be applied:
1) Maximum building or structure height shall not exceed four stories or 75
feet, whichever is greater, unless approved as a Conditional Use Permit,
except hotel facilities which are permitted to a maximum height of eight
stories or 90 feet, whichever is greater.
2) In Planning Area VII, office buildings are permitted to a maximum height
of six stories or 90 feet, whichever is greater.
SECTION 7: If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, or preempted by legislative enactment, such decision or
legislation shall not affect the validity of the remaining portions 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 words thereof, regardless
of the fact that any one or more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.
SECTION 8: The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published within 15 days after its passage at least once in the Inland Vallev
Dailv Bulletin, a newspaper of general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
Please see the /ollowing page
for /ormal atloption, certi/ication antl signatures
Ordinance No. 854 -Page 4 of 5
PASSED, APPROVED, AND ADOPTED this 20`" day of June 2012.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
Ja ce C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 6`" day of June 2012, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
20`" day of June 2012.
Executed this 21S` day of June 2012, at Rancho Cucamonga, California.
L- Jani a C. Reynolds, ity Clerk
Ordinance No. 854 -Page 5 of 5