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HomeMy WebLinkAbout02-124 - Resolutions RESOLUTION NO. 02-124 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2002-00875 TO ADD MIXED USE PUBLIC STORAGE AS A CONDITIONALLY PERMITTED USE WITHIN THE REGIONAL RELATED COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD DISTRICTS SUBAREA 4, AS LISTED IN DEVELOPMENT CODE CHAPTER 17.32, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2002-00875, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 11th day of December 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly 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 this Commission during the above- referenced public hearing on December 11, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City, primarily on the south side of Foothill Boulevard east of the 1-15 Freeway and a small area on the north side of Foothill Boulevard east of the 1-15 Freeway; and b. The proposed amendment will not have a significant impact on the environment as evidenced by the information provided in Parts I and I I of the Initial Study for this application that did not find any significant environmental impacts would result from the application proposal. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, in a manner consistent with the General Plan and with related development by being located in the General Commercial General Plan land use designation which specifies a"wide range of community commercial and regionally-oriented businesses"within the land use designation; and PLANNING COMMISSION RESOLUTION NO. 02-124 DRC2002-00875 - CITY OF RANCHO CUCAMONGA December 11, 2002 Page 2 b. This amendment does promote the goals and objectives of the Development Code by complying with the intent of the Regional Related Commercial designation by providing complementary uses and development standards; and C. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as evidenced by the environmental analysis in Parts I and II of the Initial Study for this application which determined that no significant impacts would results from this application; and d. The subject application is consistent with the objectives of the Development Code by protecting and promoting the public health, safety, morals, comfort, convenience, and welfare through the City's environmental and design review procedures as provided in the Initial Study and application report analysis; and e. The proposed amendment is in conformance with the General Plan as the Regional Related Commercial designation is an accepted zone within the General Commercial General Plan land use designation and the Mixed Use Public Storage use advances the intent of the zone by adding to the wide-range of commercial activities. 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 Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends adoption of a Negative Declaration attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur: C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. DRC2002-00875, to add Mixed Use Public Storage as a conditionally permitted use within the Regional Related Commercial District, Subarea 4, of Development Code Chapter 17.32, by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 02-124 DRC2002-00875 - CITY OF RANCHO CUCAMONGA December 11, 2002 Page 3 APPROVED AND ADOPTED THIS 11TH DAY OF DECEMBER 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: . C 01 arty c iel, Chairman ATTEST: Brad Sul ecreta I, Brad Buller, Secretary of the Planning Commission of 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 11th day of December 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS, STEWART ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00875 TO ADD MIXED USE PUBLIC STORAGE AS A CONDITIONALLY PERMITTED USE WITHIN THE REGIONAL RELATED COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD DISTRICTS SUBAREA 4, AS LISTED IN THE DEVELOPMENT CODE CHAPTER 17.32, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On December 11, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly-noticed public hearing with respect to the above-referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 02-124, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On , the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the subject amendment to the Development Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby 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 the substantial evidence presented Commission during the above-referenced public hearing on including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located within the City, primarily on the south side of Foothill Boulevard east of the 1-15 Freeway and a small area on the north side of Foothill Boulevard east of the I-15 Freeway; and b. The proposed amendment will not have a significant impact on the environment as evidenced by the information provided in Part I and II of the Initial Study for this application that did not find any significant environmental impacts would result from the application proposal. C. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, in a manner consistent with the General Plan and with related development by being located in the General Commercial General Plan land use designation which specifies a "wide range of community commercial and regionally-oriented businesses" within the land use designation; and CITY COUNCIL ORDINANCE NO. DRC2002-00875— CITY OF RANCHO CUCAMONGA (Date) Page 2 d. This amendment does promote the goals and objectives of the Development Code by complying with the intent of the Regional Related Commercial designation by providing complementary uses and development standards; and e. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as evidenced by the environmental analysis in Part I and II of the Initial Study for this application which determined that no significant impacts would results from this application; and f. The subject application is consistent with the objectives the Development Code by protecting and promoting the public health, safety, morals, comfort, convenience, and welfare through the City's environmental and design review procedures as provided in the Initial Study and application report analysis; and g. The proposed amendment is in conformance with the General Plan as the Regional Related Commercial designation is an accepted zone within the General Commercial General Plan land use designation and the Mixed Use Public Storage use advances the intent of the zone by adding to the wide-range of commercial activities. 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 project will have a significant effect upon the environment and adopts a Negative Declaration attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission and City Council during the public hearings, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. SECTION 4: The following sections hereby are amended to read, in words and figures (additions in bold print), to allow subject to a conditional use permit, Mixed Use Public Storage in Subarea 4 of the Foothill Boulevard Districts, by amending Table 17.32.030 and adding footnote #5, as written below: CITY COUNCIL ORDINANCE NO. DRC2002-00875 — CITY OF RANCHO CUCAMONGA (Date) Page 3 Subarea One I Subarea Two Subarea Three Subarea Four RETAIL COMMERCIAL USES SC CC O MR P SC CC O MR R MH SC CC CO R LM MR U MU RR CC C MR LIz O Mixed Use Public Stora e C C 1 Refer to Subarea 4 Section 17.32.0801.7.1h(footnote 2). 2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30. 3 Subject to Master Plan requirements pursuant to 17.32.030.0. 4 Commercial/Office uses may be located in the RRC district only with the concurrent development of one major regionally related anchor business of at least 15,000 square feet per site or project. This provision is intended to facilitate the development of large, regionally related uses. Regionally Related Commercial uses are typified by large scale businesses which serve a market area significantly larger than those businesses which draw customers primarily from the neighborhood or community level. 5 Public Storage may be located in the RRC district only within an enclosed building.No outdoor storage is permitted. The public storage use may occupy a portion of an existing retail building provided the building is at least 50,000 square feet, the public storage use does not occupy the first 100 foot depth of storefront leasable area, and the public storage use does not occupy more than 50 percent of the ground Floor of the building. SECTION 5: 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 work thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: 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 Valley Daily Bulletin a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California.