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HomeMy WebLinkAbout746 - Ordinances ORDINANCE NOT APPROVED ORDINANCE NO. 746 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-01144, A REQUEST TO AMEND SECTION 17.16.030 USE REGULATIONS TO ALLOW PUBLIC STORAGE FACILITIES, INCLUDING OUTDOOR RV PARKING, IN LIMITED LOCATIONS OF THE UTILITY CORRIDOR DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS. 1. On April 13, 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment DRC2003-01144 and, following the conclusion thereof, adopted its Resolution No. 05-26, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Amendment. 2. On July 20, 2005, August 17, 2005, and September 21, 2005, the City Council of the City of Rancho Cucamonga conducted duly noticed public hearings on the Development Code Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does 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 substantial evidence presented to the City Council during the above-referenced public hearing on July 20, 2005, August 17, 2005, and September 21, 2005, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to the property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. 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 Ordinance No. 746 Page 2 of 15 ORDINANCE NOT APPROVED d. This amendment does promote the goals and objectives of the Development Code; 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; and SECTION 3: Based upon the facts and information contained in the proposed Mitigated 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 Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated 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 Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this City Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects will be reduced to a less-than- significant level by imposition of mitigation measures on the component of the project that involves development approval :1 for a public storage use on a specific site and by the imposition of site specific mitigation measures as applications for self- storage facilities are approved in the future. 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 Mitigated 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 Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) otTitle 14 of the California Code of Regulations. . ORDINANCE NOT APPROVED Ordinance No. 746 Page 3 of 15 SECTION 4: The City of Rancho Cucamonga Development Code is hereby amended to change SECTION 17.16.030, in words and figures, as shown in the attached Exhibit A. 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 words thereof, regardless of the fact that anyone or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. 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. Please see the fo/lCMNing page for formal adoption, certification and signatures Ordinance No. 746 Page 4 of 15 ORDINANCE NOT APPROVED PASSED, APPROVED, AND J'.DOPTED this 21'" day of September 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBR.!'. J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, C:lIif<Jrnia, 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 17'" day of August 2005, and wns passed at a Regular Meeting of the City Council of the City of Rancho Cucarnonga held on the ~'" day September 2005. Executed this 2200 day of September 2005, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ORDINANCE NOT APPROVED Ordinance No. 746 Page 5 of 15 EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO. 1 If ~ 17.16.030 Use regulations. Uses listed in Table 17.16.030(A) shall be allowable in one or more of the open space districts as indicated in the columns beneath each district. Where indicated with the letter "P," the use shall be a permitted use in that district. Where indicated with the letter MG," the use shall be a conditional use subject to the conditional use permit process. In the event there is difficulty In categorizing a given use in one of the districts, the procedure outlined in Section 17.02.040 use determination shall be followed. All uses are subject to the development review process as described in Chapter 17.06. The City Planner may approve accessory uses and structures, and agricultural uses involving no improvements, under the minor development review process. Table 17.16.030(A) USE REGULATIONS FOR OPEN SPACE DISTRICTS lun I .FC I ~I I.u_! J pJ I. C I 3. ,.,.... 4. b. ... T~meorary ._ H9,r'!:I.~~~ccul?~tions.:_. M .__'U_, __. _U' ..__._. Accessory structures (such as detached garages, carports, cabanas, guest houses, barns, storage sheds, cor!~~l: .._,.__' _ "'_,__"_'_.' ._m_ .. ...... __'WHO ..__ .__..~ a._u_Re!ated too~-.sitesingl~-tarnlly dwelling. .. b. Notrelated to o_n:s~te dwelling Agricultural uses: I.U I I 5. I I ., _ _~. _ ~o~ C!C?~~!.. tr~~~ .g~~~~ns P!~~.! ,s.lorage or propagation Orchards, vineyards, Christmas and other tree farms d. (;or.nm.unity QaLdens 9. Greenhouses f. Livestock grazing, breeding (no feed lots) 9:. .. _~~dr.?~~ic _C?~,I.t~r_e ". h. On-site sales of products grown on site Cemeteries, crematories, mausoleums, columbariums, and related uses: __.~il~.'.~f~l?re"~,~..rv~s an~..sa~ct~aries: Forest maint~nance facilities/ranger station: Recreational uses: b. c. a. P~rks, pi~nic areas, playgrounds H!~in~~.~!~in_~, equestrian trails Greenways b. c. UC P ...-....- -....-..-. C P P P P P P P P P .. P P P P Ordinance No. 746 Page 6 of 15 ORDINANCE NOT APPROVED EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO. 7Jf(P I d. Golf courses I C I C I C 1 .. e.. . . FiidinQ.schools (~9uestrian) .. I C ,.. C .. L C.... J f. ComrTlercial s~b.les '.. .... , . ._. I cl. c,..1 C... J g.. Country dub and related uses .1 C 'I C f'" C . 10. Preservation and use of historic landmarks and related :~r--r-- _ _~_ ,_".~~;~~~~~~~~;~~~~~~~_~~e~~"~rjeS' ~nd foo~.serVice:._ _~._ C '" J .._.__~.___J.. "._,g . .. 11.1:.F.1,?0.(jE('nlr~Jstruclur~.s.~n(j.facllities: ... ,.I.. P L p.1 P .' .,1 12. Light vehicle p.a. r.kin.g. and slorage in areas substantially 'I r-:I .~urr~~!:1.~e~_bYJnd~~!r.~?I..u~es: ' -- ,. I ~ ...' ~. ,. I. 13. Utility s~bslatlons!r"la.le.d equiprTlentand slructures): .1 c: .. J.. C I C '1._~.~:.._p~~~!~,~!~r~9~_~n~_~.~.r~.~ti~.~.~~.Ve:~!~~~~~ ..... __. . t..m~_u_.. .._L...___ ..1_ c1 __ P = Permitled Use C = Conditional Use Permit required (Ord. 211 ~ 6 (part), 1983) , Applies only to Sub Area SeE 1 and SCE 5 of MOU Map Exhibit dated September 21, 2005 included herein by reference. ORDINANCE NOT APPROVED Ordinance No. 746 Page 7 of 15 Memorandum of Understanding ("MOU") Concerning the Development of Southern California Edison Right-of-Ways within .the Corporate Limits and Sphere of Influence of the City of Rancho Cucamonga The City of Rancho Cucamonga ("City") and Southern Calilornia Edison ("SCE") lor several years have been engaged in discussions regarding the desire 01 SCE to develop Right-ol-Ways under ownership or jurisdiction 01 SCE located within the corporate limits 01 the City 01 Rancho Cucamonga. In addition the City has planned tor the use 01 portions 01 the SCE Right-ot-Ways as community trails, parks, and/or ancillary recreation related uses through the adopted General Pian. As a result SCE and the City have developed the attached "City 01 Rancho Cucamonga - SCE MOU - Map Exhibit ot SCE's Right-ol-Ways dated September 21, 2005, and attached hereto as Exhibit A, which depicts SCE's Right-ol-Ways and the land uses which the City and SCE desire to develop and use on said Right-ot-Ways. The City has reviewed the proposed uses depicted on the Map Exhibit and has determined that the proposed uses are, in general, contextually appropriate to the location where each use is proposed. Each 01 the proposed land uses depicted on the Map Exhibit, however, are subject to review and approval actions including but not limited to, general plan amendments, zone changes, conditional use permits, development review permits, parcel maps, and building and lire plan checks, depending upon the nature ot the proposed land use and its location in the City. The City and SCE recognize that should the SCE Right-ot-Ways be developed according to the land use depicted on the Map Exhibit, the development must occur in an organized fashion, and the projects must be consistent with the City's General Plan, Zoning Ordinance, and all other applicable regulations and policies. -- . After considering the community planning issues associated with the development 01 SCE Right-of-Ways within the City the following understanding and considerations have been determined: 1. The land Uses depicted on the Map Exhibit dated September 21, 2005, are, in general, contextually appropriate to the location where each use is proposed. 2. Each development project proposed by SCE will be subject to, and consistent with the City's General Pian, Development Code, and all other applicable regulations and policies. 3. Implementation of the City's Master Plan ot Trails as depicted on the Map Exhibit dated September 21, 2005, are, in general, conceptually appropriate for use within the portions of SCE Right-ol-Ways where each use is proposed. 4. Implementation of each City Recreation Facilities andlor ancillary use(s) shall be subject to SCE's review and approval 01 individual License Agreements, which includes the operating requirements and limitations ot SCE. Ordinance No. 746 Page 8 of 15 Memorandum of Understanding City of Rancho Cucamonga: Diana Weinmueiler Southern California Edison: ORDINANCE NOT APPROVED Mayor Wiliiam Aiexander Diana Weinmueiler, Date Manager Real Estate Revenue Division Corporate Real Estate Department 2 Date ORDINANCE NOT APPROVED Ordinance No. 746 Page 9 of 15 RANCHO CUCAMONGA PROPOSED RECREATION SITES RC - 1 A portion 01 SCE '1ee owned" Right-aI-Way (Lugo-Serrano 500kV Transmission Line) located on the west side 01 East Avenue lor use as a graded dirt lot for special event parking up to twelve (12) times per year for equestrian related events consisting 01 car, truck, and horse trailer parking. RC - 2 A 2.00 - 3.00 acre portion 01 SCE '1ee owned" Right-aI-Way located on the east side of the Day Creek Channel, north 01 the Wilson Avenue tor use as an unpaved parking lot lor trail user(s) vehicles and possibly restroom facilities. It should be noted that SeE is currently evaluating the future of this property and the possibility of disposition. RC - 3 Trail use lor existing 2.50-mile section 01 the SCE Right-aI-Way (Lugo-Serrano 500kV Transmission Line) consisting 01 SCE '1ee owned" and "easemenY' property east 01 the Day Creek Channel, north 01 25th Street to the eastern City limits. RC - 4 Trail use for existing 1.77-mile section 01 the SCE Right-aI-Way (Etiwanda-Padua 220kV Transmission Line) consisting 01 SCE '1ee-owned" property north 01 Banyan Avenue, east of the Day Creek Channel to the northerly City limits. RC - 5 Trail use lor existing .gO-mile section of SCE Right-aI-Way (Middle Lugo-Mira Lorna 500kV Transmission Line) consisting 01 SCE '1ee owned" property northeast of the Day Creek Channel to the northerly city limits. , RC - 6 Trail use for a section of .58 mile 01 the SCE Right-aI-Way (Etiwanda-Padua 220kV Transmission Line) consisting of SCE '1ee owned" property south 01 Almond Street and adjacent to Turquoise Avenue. ' RC - 7 Trail use lor a .68 mile section 01 the SCE Right-aI-Way (Etiwanda-Padua 220kV Transmission Line) consisting of SCE "fee-owned" property north 01 Almond Avenue and east and wes1 01 Carnelian Street. RC - 8 Trail use lor a 3.00 miles 01 SCE Right-at-Way (Etiwanda-Padua 220kV Transmission Line) consisting 01 SCE '1ee-owned" and "easement" commencing just east of Hermosa Avenue along the northern City iimits and ending at the easterly City limits. SCE - CURRENT DEVELOPMENT SITES SCE - 1 Power Storaue North Side of Baseline Road East 01 Rochester 8.00 acres (Self Storage) Etiwanda - Pauda 220kV Transmission Line Right-aI-Way SCE - 2 Guardian Storaue (Phase II) North Side 01 Arrow Route, East 01 Rochester Avenue 14.50 acres (Recreational Vehicle Storage) West Lugo-Mira Lama 500kV Transmission Line Right-at-Way Exhibit A Ordinance No. 746 Page 10 of 15 ORDINANCE NOT APPROVED EXHIBIT A RANCHO CUCAMONGA - SCE MOU September 21,2005 Page 2 SCE - 3 Allstate RecvclinQ East side ot Etlwanda Ave, South ot Arrow Route 1.00 acre (Material Storage & Parking) West Lugo - Mira Loma 500kV Transmission Line Right-ol-Way SCE - 4 R. Critchlield North side of 4th Street, East 01 15 treeway 6.00 acres (Seij Storage) West Lugo - Mira Loma 500kV Transmission Line Right-ol-Way seE - FUTURE DEVELOPMENT SITES SCE - 5 Future Site South side 01 Arrow Route, West 01 15 Ireeway 3.94 acres (Possible Uses: Commercial, Industrial or Mixed Use) West Lugo - Mira Loma SOOkV Transmission Line Right-ot-Way SCE - 6 Future Site South side Foothill Boulevard west 01 Day Creek Channel 4.67 acres (Possible Uses: Commercial, Industrial or Mixed Use) West Lugo - Mira Loma SOOkV Transmission Line Right-ot-Way SCE - 7 Future Site North side Foothill Boulevard, West 01 Day Creek Channel 1.00 acres (Possible Uses: Commercial, Industrial or Mixed Use) West Lugo-Mira Lorna SOOkV Transmission Line Right-ol-Way SCE - 8 Future Site North side Foothill Boulevard to Baseline Road, East 01 Day Creek Channel 36.00 acre (Possible Uses: Commercial, Industrial or Mixed Use) Etiwanda-Padua 220kV Transmission Line Right-ol-Way SCE - 9 Future Site South side Baseline Road, West 01 Day Creek Channel :!: 36.00 acres (Possible Uses: Horticulture / Agriculture) West Lugo - Mira Loma 500kV Transmission Line Right-at-Way SCE - 10 Future Site North side Baseline Road, West ot Day Creek Channel :!: 20.00 acres (Possible Uses: Horticulture / Agriculture) West Lugo - Mira Loma 500kV Transmission Line Right-aI-Way SCE - 11 Future Site South side 01 Highland Avenue, east 01 Orange Avenue :!: 15.00 acres (Possible Use: Horticulture / Agriculture. Etiwanda-Padua 220kV Transmission Line Right-ol-Way <( :;; in ~ Ordinance No. 746 ORDINANCE NOT APPROVED :2 0: Z ~ w w W ~ 1''' " Page 11 of 15 ::>c: o~ " 0:8 ~ ~ ~ w ::;'" '" _ E l---.......~ I- ~~ffil- Z 01- W 0 xc ,:E........Q;; .:E '" ".- c~aJ 0 ~ 0 1-"0 aJg0!z ffi l<l " C ,,'" ~~~~r~ N 8 (I)'" 0: C w 0: - w '0 c e.~;t. J: C2 '" 1-:0:; -0- OWw u...J l- " en .~ >-O(9:JW~WO w -" a::l-~o a.. UW l- I", c(z W (I) I- (/)Z .. Xa> ~~~cccc~ w w"O '" o..C :Jo..wmm mmw ~ ::1i~ g~ffi~ lr l( l!~ ~~;:OO OOw " _ 00::: a:: 0::: r:r::u ::>0 0:: UCll.o.. 0.. 0.. Q.W ::;,2 <.~ml::l*:iJ . . . cu - '" .- ---;-'A't'uelIlIl . . . l . J " . !1 j . " .. " '" " M N o ORDINANCE NOT APPROVED II , ~ : , I I", ,; , , I ~! E' '., , , , , , , I; I IOVOt:l 3N 3SVB / '" 133~ (l(I9 u_~?, .I: o ~~,/' Z, , /~ r Z < " < > ~ " w a ::::~~~~ I ~~o" 'ti <( i: Cl<:t~ \) >~l9~~ ,. 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