HomeMy WebLinkAbout761 - OrdinancesORDINANCE, NOT APPROVED
ORDINANCE NO. 761
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DEVELOPMENT CODE AMENDMENT DRC2005-01083, A
REQUEST TO AMEND TABLE 17.32.030 — USE
REGULATIONS FOR FOOTHILL BOULEVARD DISTRICTS OF
THE RANCHO CUCAMONGA DEVELOPMENT CODE, ADDING
THRIFT STORES AS A CONDITIONALLY PERMITTED USE IN
SUBAREA 2, OF THE COMMUNITY COMMERCIAL DISTRICTS,
LOCATED ALONG FOOTHILL BOULEVARD BETWEEN
CUCAMONGA CREEK AND HELLMAN AVENUE
A. RECITALS.
1. The Sahga Group filed an application for Development Code Amendment
DRC2006-01083, requesting the Planning Commission initiate a code
amendment for the project described in the title of this Resolution.
Hereinafter in this Resolution, the subject Development Code Amendment is
referred to as "the application."
2. On the 25th day of January 2006, the Planning Commission of the City of
Rancho Cucamonga agreed to initiate the requested code amendment for
consideration at a future public hearing.
3. On March 8, 2006, the Planning Commission of the City of
Rancho Cucamonga conducted and concluded a duly noticed public hearing
concerning the Development Code Amendment contained herein, as required
by law. At the conclusion of the hearing, the Planning Commission
recommended adoption of said amendment.
4. On May 3, 2006, the City Council of the City of Rancho Cucamonga
conducted and concluded a duly noticed public hearing concerning the
Development Code Amendments contained herein as required by law.
5. All legal prerequisites to the adoption of this Ordinance have occurred.
B. ORDINANCE.
NOW, THEREFORE, the City Council hereby ordains as follows:
1. This Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A of this Ordinance, are true and correct.
2. Based upon substantial evidence presented to this Council during the
above -referenced public hearing, including written staff reports, the minutes
of the above -referenced Planning Commission meetings and the contents of
Planning Commission Resolution No. 06-14, this Council hereby specifically
finds as follows:
Ordinance No. 761 ORDINANCE NOT APPROVED
Page 2 of 4
a. The purpose of this Ordinance is to amend the City's Development Code
and add Thrift Stores to the category of uses allowed within Community
Commercial Zone of Subarea 2 of the Foothill Boulevard Districts, subject
to the approval of a Conditional Use Permit.
b. Section 17.02.140 of the Rancho Cucamonga Development Code defines
a thrift store as "A retail store offering used clothing, furniture, household
appliances, and similar merchandise which is in good repair, provided
that: (1) All clothes are displayed on racks, folded on shelves or tables,
or in some recognized fashion as distinguished from being displayed in
heaps or piles; (2) No merchandise shall be accepted on consignment;
and (3) Merchandise requires no cleaning, repair, assembly, or
refurbishment before it can be worn or put to normal use. The majority of
merchandise offered for sale shall be donated; however, all collection and
storage shall be conducted inside the building."
3. The provisions of this Ordinance and the Development Code Amendments
contained herein have been reviewed and considered by the City Council in
accordance with the provisions of the California Environmental Quality Act
(CEQA), as amended, and the Guidelines promulgated thereunder. The City
Council finds that this Ordinance and said Development Code Amendment is
not a project as defined in Section 15378(a)(1) of the CEQA Guidelines. The
adding of thrift stores to the list of potential retail uses in a commercially
zoned area will not have a direct or indirect physical change in the
environment; therefore, the subject amendment identified in this Ordinance is
exempt from the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder, pursuant to
Section 21080.17 of the Public Resource Code and Section 15282(1) of
Division 6 Title 14 of the California Code of Regulation.
4. Table 17.08.030 - Use Regulations for Foothill Boulevard Districts - of Title 17
of the Rancho Cucamonga Municipal Code is hereby amended, in words and
figures, as shown in the attached Exhibit A to allow thrift stores in the
Community Commercial Zone of Subarea 2, of the Foothill Boulevard
Districts, subject to the approval of a Conditional Use Permit.
5. Severability. 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.
6. The City Clerk shall certify to the adoption of this Ordinance.
ORDINANCE NOT APPROVED
Ordinance No. 761
Page 3 of 4
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Alexander, Mayor
ATTEST:
Debra J. Adams, CMC, City Clerk
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Debra J. Adams, CMC, City Clerk
ORDINANCE NOT APPROVED
Excerpt from Table 17.32.030 of the
Where Thrift Stores (Highlighted) Will
Community Commercial (CC) Zonin„a
Districts.
Ordinance No. 761
Page 4 of 4
EXHIBIT A
Rancho Cucamonga Development Code Depicting
Be Added as a Conditionally Permitted Use in the
District within Subarea 2 of Foothill Boulevard
Use Regulations for Foothill Boulevard Districts
Summary Table of Permitted (P) and Conditionally Permitted (C) Uses
RETAIL COMMERCIAL USES
Subarea One
Subarea 2
Subarea Three
Subarea Four
Continued
MU
O MR P
SC
CC O MR MHR
SC
CC
CO LMR MR U
MU
CC RRC MR LI
O
Public and Private Clubs and Lodges,
including YMCA, YWCA, and similar
Youth Group Uses
C
Record and Tape Stores
P
I
P
I P
P
P
P
P
P
Recreational Vehicle Storage Yards
C
Restaurants (sit down):
a) with entertainment and/or cocktail
lounge, bar
b) incidental serving of beer and
wine (without a cocktail lounge,
bar, entertainment or dancing)
c) cafe, limited to 20 seats (including
outdoor seating)
d) Fast Food: With drive-thru
Without drive-thru
C
C
C
C
C
C
C
C
C
C
P P P P P P P P P P P
P
P P P P P P P P P P P
P
C C C C C
C
P P P P P P P
P
Shoe Stores and Repair Shops
P
P
P
P
P
P
P
P
P
Specialty Retail
P
P
P
P
P
P
Sporting Goods Stores:
a) Specialty; Backpacking, Tennis,
Skiing, Mountaineering, Fishing,
etc.
b) General; encompassing a variety
of sports equipment
P
P
P
P
P
P
P
P
P P P P P
Supermarkets
P
P
P
P
P
Swimming Pool Services and Supplies
P
P
P
P
P
Tailor Shops
P
P
P
P
P
P
P
Thrift Stores
C
Toy Stores
P
P
P
P
P
P
P
Variety Department Stores, Junior
Department Stores
C
C
P
C
P
P
P
Veterinary (domestic):
a) Non -boarding
b Boardin
P C P C P P P P
C
C C C C C C
Watch and Clock Repair Stores
P
P
P
P
P
P
P
P
P
Yardage Goods Stores
P
P
P
P
P