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HomeMy WebLinkAbout12-22 - ResolutionsRESOLUTION NO. 12-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO ENACT INDUSTRIAL AREA SPECIFIC PLAN (IASP) SUBAREA 18 AMENDMENT DRC2010-00685, A REQUEST TO AMEND 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 Resolution. Hereinafter in this Resolution, 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 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 on the application and concluded said hearing on that date. 8. 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 May 9, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 12-22 INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 18 AMENDMENT DRC2010-00685 CITY OF RANCHO CUCAMONGA May 9, 2012 Page 2 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 text 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 orderto 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 also 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. 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. The IASP Subarea 18 amendment does promote the Land Use Policies and Implementation Actions of the General Plan and will provide for development 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 b. 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 C. 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 International ALUCP by prescribing building height limits in order to provide airspace protection for aircraft operations; and d. 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 PLANNING COMMISSION RESOLUTION NO. 12-22 INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 18 AMENDMENT DRC2010-00685 - CITY OF RANCHO CUCAMONGA May 9, 2012 Page 3 International Airport Land Use Compatibility Plan. The IASP Subarea 18 amendment will provide language so that development in Subarea 18 does not adversely impact aircraft operations from LA/Ontario International Airport; and e. 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. 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 adoption of IASP Subarea 18 text amendment (hereinafter in paragraph 4, the subject IASP Subarea 18 amendment is referred to as "the project") will have a significant effect upon the environment and recommends that the City Council adopt a Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQK) 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, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The Planning Commission 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 Planning Commission further finds that the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt 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 Planning Commission'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) 47.7-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of IASP Subarea 18 amendment DRC2010-00685 by adoption of this Resolution to amend Section 5.3.2 of the IASP SUBAREA 18 by adding language requiring compliance building height limits in the LA/Ontario International Airport Land Use Compatibility Plan as described in this Resolution by adoption of the Draft City Council Ordinance, shown as Attachment A of this Resolution. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 12-22 INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 18 AMENDMENT DRC2010-00685 CITY OF RANCHO CUCAMONGA May 9, 2012 Page 4 APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairma ATTEST: 1CJIA,&J-& j Candfzb Burnett, Senior Planner I, Candyce Burnett, Senior Planner, 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 9th day of May 2012, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE ORDINANCE NO. *** 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. Attachment A CITY COUNCIL ORDINANCE NO. INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 18 AMENDMENT DRC2010-00685 — CITY OF RANCHO CUCAMONGA June 6, 2012 Page 2 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 CITY COUNCIL ORDINANCE NO. INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 18 AMENDMENT DRC2010-00685 — CITY OF RANCHO CUCAMONGA June 6, 2012 Page 3 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 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 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. 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 CITY COUNCIL ORDINANCE NO. INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 18 AMENDMENT DRC2010-00685 — CITY OF RANCHO CUCAMONGA June 6, 2012 Page 4 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 Amendment 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 Height/Bulk/Massing: The following text shall be deleted (deleted text in S'•ik�oUg„ ): I'll ............. . .. . ........ . .............. . ... let - 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 LA/Ontario 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 LA/Ontario 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. CITY COUNCIL ORDINANCE NO. INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 18 AMENDMENT DRC2010-00685 — CITY OF RANCHO CUCAMONGA June 6, 2012 Page 5 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 Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California.