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HomeMy WebLinkAbout03-134 - Resolutions RESOLUTION NO. 03-134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVALOF DEVELOPMENT CODE AMENDMENT DRC2003-00616, AMENDING SECTION 17.30 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, CHANGING THE CLASSIFICATION OF DAY CREEK BOULEVARD, EAST OF ROCHESTER AVENUE IN THE INDUSTRIAL DISTRICTS, TO A MODIFIED LOCAL COLLECTOR AS DEPICTED IN FIGURES 17.30.040-B AND 17.30.080-J AND TEXT CHANGES TO SECTION 17.30.080.1.4, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-021-20, 34, 47, 53, 54, AND 55. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2003-00616, 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 August 27, and continued to September 10, and September 24, 2003, the Planning Commission of the City of Rancho Cucamonga recommended approval of associated General Plan Amendment GPA2002-00002. 3. On the August 27, and continued to September 10, and September 24, 2003, 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. 4. 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 August 27, September 10, and September 24, 2003, 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; and b. The proposed amendment will not have a significant impact on the environment. 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 help to provide for development within the district in a manner consistent with the General Plan and with related development as has been proposed in Conditional Use Permit DRC2002-00839; and PLANNING COMMISSION RESOLUTION NO. 03-134 DCA DRC2003-00616—CITY OF RANCHO CUCAMONGA September 24, 2003 Page 2 b. This amendment does promote the goals and objectives of the Development Code; 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; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan by enacting the provisions of General Plan Amendment GPA2002-00002. 4. An Environmental Impact Report (EIR)was certified October 17, 2001, as the Final EIR for the 2001 City of Rancho Cucamonga General Plan. The Guidelines for the California Environmental Quality Act Section 15166 provides that when a Program EIR has been certified, subsequent activities in the program must be examined in light of the program EIR to determine whether an additional environmental document must be prepared. If the agency finds that no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the program EIR. Because the applicant has proposed modifications to the Master Plan Circulation System, an addendum to the 2001 General Plan Final EIR was prepared, and all feasible mitigation measures developed in the Program EIR have been incorporated into the project design. An addendum to the 2001 General Plan Final EIR is appropriate documentation because some changes or additions are necessary to describe the modification to the Master Plan Circulation System, but none of the conditions described in Califomia Environmental Quality Act Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. The Planning Commission has reviewed and considered the attached addendum based on the following findings: a. There have not been substantial changes in the project that require major revisions to the previous EIR because of new significant environmental effects or a substantial increase in severity of previously identified environmental effects; and b. There have not been substantial changes with respect to the circumstances under which the project is undertaken,which will require major revisions to the previous EIR because of the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and C. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete that shows any of the following: 1)The project will have one or more significant effects not discussed in the previous EIR; 2) Significant effects previously examined will be substantially more severe than shown in the previous EIR; 3) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more effects of the project, but the project proponents decline to adopt the mitigation measure or altemative; or 4) Mitigation measures or alternatives, which are considerably different from those analyzed in the final EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. PLANNING COMMISSION RESOLUTION NO. 03-134 DCA DRC2003-00616—CITY OF RANCHO CUCAMONGA September 24, 2003 Page 3 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 DRC2003-00616, by the adoption of the attached City Council Ordinance (Exhibit "A"). 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF SEPTEMBER 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: arty T. Ni I, Vice Chairman ATTEST: Brad B Il ecretary 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 24th day of September 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS, STEWART