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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 I jetSi 01 di r E. Da 1102: - - 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.