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HomeMy WebLinkAbout19-67 - ResolutionRESOLUTION NO.19-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2019-00822 TO AMEND ADMINISTRATIVE PROCEDURES, CORRECT ERRORS AND CLARIFY STANDARDS FOR ENTERTAINMENT PERMITS, ACCESSORY DWELLING UNITS, PARKING SPACE DIMENSIONS AND DRIVE AISLE DIMENSIONS AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2019- 00822, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the Application". 2. On October 23, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application.and concluded said hearing on that date. 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 the Planning Commission during the above -referenced public hearing on October 23, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City Council adopted a comprehensive update to the City's Development Code that implements the policies of the General Plan, in July 2012. The new Development Code became effective on September 4, 2012; b. Based on feedback received since the effective date of the Development Code, the City prepared a set of amendments (the "Amendments"), which is included as Attachment A to this Resolution and is hereby incorporated by this reference as if set forth in full; C. Development Code Amendment DRC2019-00822 conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan; and 3. The Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment PLANNING COMMISSION RESOLUTION NO. 19-67 MUNICIPAL CODE AMENDMENT DRC2019-00822 — CITY OF RANCHO CUCAMONGA October 23, 2019 Page 2 itself. The Amendment's changes to the development review process is a procedural change and does not eliminate the need for future entitlements for projects at a specific location that may be subject to CEQA. The changes proposed for the regulation of entertainment are limited to the reviewing authority and the exemption of small amplified entertainment which is most often exempt from CEQA as it is accessory to another use in an existing facility. The text changes proposed to ADUs and parking dimensions are for clarification or correction purposes only. Future applications for development subject to these provisions will be reviewed for CEQA compliance under separate entitlements or actions as currently defined by the code. During the entitlement process, the applicant will be required to comply with CEQA. In reviewing each project for compliance with CEQA, an applicant may be required to submit environmental studies that analyze potential impacts such as air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site -specific project. On a case -by -case review of each project, the appropriate environmental document will be prepared to address project -specific impacts. Based on this evidence and all the evidence in the record, the Planning Commission concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2019-00822 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23TH DAY OF OCTOBER 2019. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony Guglielmo, Chairman ATTEST: Anne Mcln osh, AICP, Secretary I, Anne McIntosh, Secretary of the Planning Commission for 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 23'" day of October 2019, by the following vote -to -wit: PLANNING COMMISSION RESOLUTION NO. 19-67 MUNICIPAL CODE AMENDMENT DRC2019-00822 — CITY OF RANCHO CUCAMONGA October 23, 2019 Page 3 AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: