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HomeMy WebLinkAbout697 - Ordinances ORDINANCE NO. 697 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00875 TO ADD MIXED USE PUBLIC STORAGE AS A CONDITIONALLY PERMITTED USE WITHIN THE REGIONAL RELATED COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD DISTRICTS SUBAREA 4, AS LISTED IN THE DEVELOPMENT CODE CHAPTER 17.32, AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS. 1. On December 11, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly-noticed public hearing with respect to the above-referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 02-124, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On January 15, 2003, the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the subject amendment to the Development Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred B. ORDINANCE. The City Council of the City of Rancho Cucemonga does hereby 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 the substantial evidence presented to this Council during the above-referenced public hearing on January 15, 2003, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located within the City, primarily on the south side of Foothill Boulevard east of the 1-15 Freeway and a small area on the north side of Foothill Boulevard east of the 1-15 Freeway; and b. The proposed amendment will not have a significant impact on the environment as evidenced by the information provided in Part I and II of the Initial Study for this application that did not find any significant environmental impacts would result from the application proposal. Ordinance No. 697 Page 2 of 4 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, in a manner consistent with the General Plan and with related development by being located in the General Commercial General Plan land use designation which specifies a "wide range of community commercial and regionally-oriented businesses" within the land use designation; and d. This amendment does promote the goals and objectives of the Development Code by complying with the intent of the Regional Related Commercial designation by providing complementary uses and development standards; and e. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as evidenced by the environmental analysis in Part I and II of the Initial Study for this application which determined that no significant impacts would results from this application; and f. The subject application is consistent with the objectives the Development Code by protecting and promoting the public health, safety, morals, comfort, convenience, and welfare through the City's environmental and design review procedures as provided in the Initial Study and application report analysis; and g. The proposed amendment is in conformance with the General Plan as the Regional Related Commercial designation is an accepted zone within the General Commercial General Plan land use designation and the Mixed Use Public Storage use advances the intent of the zone by adding to the wide-range of commercial activities. 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 attached hereto, and incorporated herein by this reference, 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 City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. Ordinance No. 697 Page 3 of 4 b. That, based upon the changes and alterations which have been incorporated into the proposed project, 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 City Council 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 the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission and City Council during the public hearings, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. SECTION 4: The following sections hereby are amended to read, in words and figures (additions in bold print), to allow subject to a conditional use permit, Mixed Use Public Storage in Subarea 4 of the Foothill Boulevard Districts, by amending Table 17.32.030 and adding footnote #5, as written below: M xed Use Pub c StoregeRETAIL COMMERCIAL USES Ic~ISC ccSUbareao OneMR P II SC ccSUbareao TWOMRM~,, I SC CC SubareacoL~M,, ThreeMR U MU [ C'I CC SubareaR~R~ MR FourLiz 1 Refer to Subarea 4 Section 17.32.080.F.7.b (footnote 2). 2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30. 3 Subject to Master Plan requirements pursuant to 17.32.030.D. 4 Commercial/Office uses may be located in the RRC district only with the concurrent development of one major regionally related anchor business of at least 15,000 square feet per site or project. This provision is intended to facilitate the development of large, regionally related uses. Regionally Related Commercial uses are typified by large scale businesses which serve a market area significantly larger than those businesses which draw customers pdmadly from the neighborhood or community level. 5 Public Storage may be located in the RRC district only within an enclosed building. No outdoor storage is permitted. The public storage use may occupy a portion of an existing retail building provided the building is at least 50,000 square feet, the public storage use does not occupy the first t00 foot depth of storefront leasable area, and the public storage use does not occupy more than 50 percent of the ground floor of the building. SECTION 5: 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 work thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. Ordinance No. 697 Page 4 of 4 SECTION 6: 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. PASSED, APPROVED, AND ADOPTED this 5~ day of February 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None A'I-FEST: , City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 15th day of January 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5t~ day of February 2003. Executed this 6th day of February 2003, at Rancho Cucamonga, California. DebYa J. Adams,(.G.~C, City Clerk