HomeMy WebLinkAbout95-04 - Resolutions RESOLUTION NO. 95-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF INDUSTRIAL
AREA SPECIFIC PLAN AMENDMENT 94-04, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. Cucamonga County Water District has filed an application for Industrial
Area Specific Plan Amendment No. 94-04, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Industrial Area Specific
Plan Amendment is referred to as "the application."
2. On the 11th day of January 1995, 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 substantial evidence presented to this Commission during the
above-referenced public hearing on January 11, 1995, 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 amendments 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. That this amendment does not conflict with the Land Use Policies
of the General Plan and will provide for development within the district in a
manner consistent with the General Plan and with related development; and
b. That the proposed project is consistent with the objectives of the
Development Code and the Industrial Area Specific Plan; and
c. That 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
PLANNING COMMISSION RESOLUTION NO. 95-04
ISPA 94-04 - CCWD
January 11, 1995
Page 2
d. That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
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 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 standards of the Industrial Area Specific
Plan, 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 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 resolves as follows:
a. That the Planning Commission of the City of Rancho Cucamonga hereby
recommends approval of Industrial Area Specific Plan Amendment 94-04 to modify
the Industrial Area Specific Plan per the attached Ordinance. -
6. The Secretary to this Commission shall certify to the adoption of this
Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY 1995.
PLANNING : $ ISSION OF THE ITY 0 RANCHO CUCAMONGA
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PLANNING COMMISSION RESOLUTION NO. 95-04
ISPA 94-04 - CCWD
January 11, 1995
Page 3
a � / �t ATTEST: �[
Brad t ,
Szcreta
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 January 1995, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING INDUSTRIAL AREA SPECIFIC PLAN
AMENDMENT 94-04, AMENDING THE LAND USES WITHIN SUBAREA 17, AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Cucamonga County Water District has filed an application for
Industrial Area Specific Plan Amendment No. 94-04, as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Industrial Area
Specific Plan Amendment is referred to as "the application."
2. On January 11, 1995, and the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing concerning the above-
referenced amendment and, following conclusion thereof, adopted its Resolution
No. 95-04, recommending that the City Council adopt this amendment.
3. On February 15, 1995, the City Council conducted and concluded a
duly noticed public hearing concerning the subject amendment to the Industrial
Area Specific Plan.
4. 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: The 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: The City Council of the City of Rancho Cucamonga hereby
finds that this amendment is established and adopted to protect and promote the
public health, safety, morals, comfort, convenience, and welfare; and more
particularly:
1. That the proposed amendment is in conformance with the General Plan
of the City of Rancho Cucamonga; and
2. That the proposed amendment is consistent with the Development Code
of the City of Rancho Cucamonga; and
3. That the proposed amendment does not conflict with the Land Use
Policies of the General Plan and will provide for development within the district
in a manner consistent with the General Plan and with related development; and
4. That the proposed amendment will have no significant environmental
impact; and
5. That the proposed amendment is consistent with the objectives of the
Industrial Area Specific Plan.
Ordinance No.
Page 2
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 based
upon the findings as follows:
1. 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.
2. That, based upon the standards of the Industrial Area Specific Plan,
no significant adverse environmental effects will occur.
3. 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 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 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 Industrial Area Specific Plan text, Part IV, Subarea 17
Special Considerations, commencing on page IV-103, is hereby amended to add the
following paragraph:
The portion of Subarea 17 located on the east side of
Center Avenue between Foothill Boulevard and Church
Street is unique because it is bounded on the north by
a flood control basin and on the east by a flood
control channel. The unusual shape of the area, as
well as its proximity to residential areas, presents
special site development constraints. In addition to
those uses which are permitted or conditionally
permitted within Subarea 17, Extensive Impact Utility
Facilities may be permitted in this portion of Subarea
17, subject to a Conditional Use Permit and the special
site planning and design considerations as described
above.
SECTION 5: The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or declared
invalid by any final court action in a court of competent jurisdiction, or by
reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences, and words of this Ordinance shall remain in full force and
effect.
SECTION 6: The Mayor shall sign this Ordinance and the City Clerk 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.