Loading...
HomeMy WebLinkAbout13-146 - Resolutions RESOLUTION NO.13-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPOINTING 2 MEDIATION BOARD MEMBERS TO REPRESENT THE CITY OF RANCHO CUCAMONGA AND SELECTION OF UP TO 2 NOMINEE(S) FOR CONSIDERATION AS AT LARGE MEMBER(S) BY THE ONTARIO CITY COUNCIL FOR THE LA/ONTARIO AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) MEDIATION BOARD IN ORDER TO BE COMPLIANT WITH THE PROVISIONS OF THE PREVIOUSLY ADOPTED LA/ONT ALUCP (DRC2010-00157) AND COOPERATIVE AGREEMENT; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for DRC2010-00157, LA/Ontario International Airport Land Use Compatibility Plan (ALUCP), as described in the title of this Resolution. Hereinafter in this Resolution, the appointment of members to the Mediation Board for the subject LA/Ontario International Airport Land Use Compatibility Plan 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 of the ALUCP is 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 over flight 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 within the ALUCP for the LA/Ontario International Airport. 5. On February 22, 2011, the City of Ontario Planning Commission conducted a public hearing to consider a 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 a 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. 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 public hearing, the Planning Commission of the City of Rancho Cucamonga adopted its Resolution 12-20 recommending approval of the LA/Ontario International Airport Land Use Compatibility Plan to the City Council. Resolution No. 13-146 Page 1 of 5 10. On June 6, 2012, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the LA/Ontario International Airport Land Use Compatibility Plan and concluded said hearing on that date. Following the public hearing, the City Council adopted its Resolution 12-079 approving the LA/Ontario International Airport Land Use Compatibility Plan. 11. On February 7, 2013, the City of Ontario received correspondence from the State Division of Aeronautics for the LA/ONT ALUCP to move forward with the implementation phase;the next step for all participating agencies is implementation of the plan and the appointment of mediation board members. 12. 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. This 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. Based upon the substantial evidence presented to this City Council during the above-referenced hearing on August 7, 2013, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The application applies to the property located within the City of Rancho Cucamonga; and b. An Initial Study was prepared and a Negative Declaration of environmental impacts was adopted by the City Council on June 6, 2012, for the LA/Ontario International Airport Land Use Compatibility Plan. The Initial Study found that all environmental impacts from the LA/Ontario International Airport Land Use Compatibility Plan were either of no impact or less-than-significant impact; therefore, the appointment of mediation members for compliance purposes for the adopted LA/Ontario International Airport Land Use Compatibility Plan will not have a significant impact on the environment; 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. The appointment of mediation members to represent the City of Rancho Cucamonga fulfils the requirements of the ALUCP. 3. Based upon the substantial evidence presented to this City Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this City Council hereby finds and concludes as follows: a. The appointment of mediation members to represent the City of Rancho Cucamonga for the previously adopted LA/Ontario International Airport Land Use Resolution No. 13-146 Page 2 of 5 Compatibility Plan does promote the Land Use Policies and Implementation Actions of the General Plan and will provide for development by implementing the policies and procedures in a document (ALUCP) that will ensure aircraft safety and land use compatibility planning around the LA/Ontario International Airport and the future runway expansion; and b. The appointment of mediation members to represent the City of Rancho Cucamonga for the previously adopted LA/Ontario International Airport Land Use Compatibility Plan does promote the goals and objectives of the Development Code by ensuring that polices and procedures in the ALUCP are properly followed so that future development will not detrimentally impact aircraft operations or be a physical hazard to aircraft arriving or departing from the LA/Ontario International Airport when the future runway expansion occurs; and C. The appointment of mediation members to represent the City of Rancho Cucamonga for the previously adopted LA/Ontario International Airport Land Use Compatibility Plan will not be detrimental to the public health, safety or welfare,or materially injurious to properties or improvements in the vicinity. The appointment of mediation officers is a requirement of the LA/Ontario International Airport Land Use Compatibility Plan and will promote the public safety and welfare by allowing local agencies to participate in protecting the built environment so that building height limits do not adversely impact aircraft operations; and d. The appointment of mediation members to represent the City of Rancho Cucamonga for the previously adopted LA/Ontario International Airport Land Use Compatibility Plan does promote the goals and objectives of the Development Code by providing a process by which local agencies can request a mediation process to ensure that balance between the built environment and airspace protection and aircraft safety is achieved; and e. The appointment of mediation members to represent the City of Rancho Cucamonga for the previously adopted LA/Ontario International Airport Land Use Compatibility Plan provides a mechanism whereby local agencies can request that mediation process be implemented so that aircraft safety is maintained without adversely impacting the full economic use of properties while maintaining economic synergy with the LA/Ontario International Airport, a goal of the General Plan. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act(CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the City adopted a Negative Declaration on June 6,2012, in connection with the City's approval of LA/ONT ALUCP. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii)substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or(iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The City Council finds, in connection with the appointment of mediation members for the LA/ONT ALUCP, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated Resolution No. 13-146 Page 3 of 5 in the previous Negative Declaration. The appointing of mediation members was included as a necessary future action in the evaluation of the LA/ONT ALUCP at the time the document was adopted. Further, the appointment of mediation members is an administrative function in order to implement the LA/ONT ALUCP and will not change the project or the circumstances of the project which would create new or more severe impacts than those evaluated in the previous Negative Declaration. The City Council further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration and not have more severe effects than previously analyzed. The appointment of mediation members for the mediation board was ultimately contemplated in the Negative Declaration for the LA/ONT ALUCP, and the selection mediation officers will not will not have one or more significant effects not discussed in the previous Negative Declaration or have more severe effects than previously analyzed. C. Based on these findings and all evidence in the record, the City Council concurs with staff's determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the appointment of mediation members to fulfill the requirements of the previously approved LA/ONT ALUCP (DRC2010-00157). 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this City Council hereby appoints mediation members for the City of Rancho Cucamonga in orderto be compliant and implement the provisions of the previously adopted LA/Ontario International Airport Land Use Compatibility Plan (DRC2010-00157). The City Council selection of mediation members shall be memorialized as noted below. 6. The City Clerk shall certify to the adoption of this Resolution. The City Council of the City of Rancho Cucamonga hereby appoints the following Council members to represent the City of Rancho Cucamonga on the LA/ONT ALUCP Mediation Board: 1. Mayor L. Dennis Michael 2. Council Member Diane Williams The City Council of the City of Rancho Cucamonga hereby nominates the following individual(s) for consideration by the Ontario City Council to serve in at large capacity on the LA/ONT ALUCP Mediation Board: 1. San Bernardino Sheriff Captain Dale Gregory 2. Planning Commissioner Lou Munoz Please see the following page for formal adoption,certification and signatures Resolution No. 13-146 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 7th day of August 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None i ' 5419 � L. e nis ichael, Mayo ATTEST: k z Jate C. Reynolds, ity CIA 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 7'h day of August 2013. Executed this 8'h day of August 2013, at Rancho Cucamonga, California. anice C. Reynolds, biy Cler Resolution No. 13-146 Page 5 of 5