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Home My WebLink About1035 - Ordinance ORDINANCE NO. 1035 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT TO AMEND SECTION 17.62.040 OF CHAPTER 17.62 OF ARTICLE IV OF TITLE 17 OF THE MUNICIPAL CODE, CONCERNING THE DISCONTINUANCE OF NONCONFORMING USES, AND FINDING AN EXEMPTION FROM CEQA UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Recitals. A. The City of Rancho Cucamonga (the "City"), has prepared a Municipal Code Amendment, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the amendment". B. The City is a municipal corporation, duly organized under the constitution and laws of the State of California. C. As shown in Exhibit A to this Ordinance, the amendment proposes to amend Section 17.62.040 of Chapter 17.62 of Article IV of Title 17 of the Municipal Code concerning the discontinuance of nonconforming uses. D. On the November 13, 2024, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, adopted Resolution No. 2024-027 recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. E. On December 4, 2024, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. F. All legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Findings. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Section 17.62.040 (Discontinuation of Nonconforming Use) in the amendment are consistent with the Development Code and the General Plan's goals, policies and implementation programs. Pursuant to Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code "may be approved only when the City Council finds that the amendment[s] are consistent with the General Plan goals, policies, and implementation programs." The proposed amendment is consistent with the following General Plan Land Use goals and policies: • Land Use Goal LC-3: A fiscally sound and sustainable City. • Land Use Policy LC-3.10: Encourage businesses and development that will support and/or enhance the operations of existing businesses when complimentary to the General Plan Vision while discouraging new development and businesses that will have detrimental impacts to existing businesses and development. Ordinance No. 1035 - Page 1 of 4 This Ordinance would extend the period of discontinued use before a legal nonconforming use is terminated for industrial, manufacturing, and processing uses from 180 days to 365 days. Many of these uses have become non-conforming uses throughout the City as the City has amended its Development Code and General Plan to better conform to the needs of residents and businesses, including the development of more housing to meet the City's regional housing needs. Based on input from brokers, developers, and property owners, these uses are unique in that the period of time to secure a tenant in buildings intended for such uses can require up to a year. City staff has not heard this concern from the owners of properties operating other types of uses. The City Council intends to avoid the unintended consequence of an owner of property formerly zoned for industrial, manufacturing, or processing uses losing the protection of a legal nonconforming status while it is actively seeking a new tenant to operate such a legal non- conforming use. SECTION 3. CEQA. The proposed amendment is exempt from the requirements of the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendment, revising the requirements related to the discontinuance of nonconforming uses, will have a significant effect on the environment. The proposed amendment is an administrative process of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed amendment and the proposed CEQA determination, and based on its own independent judgment, finds that the amendment set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3). SECTION 4. The City Council hereby amends Section 17.62.040 (Discontinuation of Nonconforming Use) of Chapter 17.62 (Nonconforming Uses and Structures) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein by this reference. SECTION 5. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Enforcement. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No. 1035 - Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 181h day of December, 2024. y W,e� L. ennis Mich I, May r ATTEST: Sev , I e r k STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 4th day of December 2024, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of December 2024. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 19th day of December 2024, at Rancho Cucamonga, California. KiA ev Jerk Ordinance No. 1035 - Page 3 of 4 EXHIBIT A Amendments to Title 17, Article IV (Site Development Provisions), Chapter 17.62 (Nonconforming Uses and Structures) Amended Section: • Section 17.62.040 (Discontinuation of Nonconforming Use) 17.62.040 Discontinuation of nonconforming use. Whenever a nonconforming use has been replaced by a conforming use or has been discontinued for a continuous period of 180 days or more, the nonconforming use shall not be reestablished, and the use of the building/structure or property thereafter shall conform with the current. regulations for the district in which it is located, provided that this section shall not apply to nonconforming dwelling units. Notwithstanding the foregoing, the period of continuous discontinued use shall be extended to 365 days or more for industrial, manufacturing, and processing uses, as those uses are defined in section 17.32.020 of chapter 17.32 of this code. Ordinance No. 1035 - Page 4 of 4