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HomeMy WebLinkAbout569 - OrdinancesORDINANCE NO. 569 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADDING A NEW SECTION 17.02.600 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING COMMERCIAL PARTIES IN RESIDENTIAL ZONES AND UPON PROPERTY UTILIZED FOR RESIDENTIAL USES (NONCONFORMING USE). A. RECITALS. 1. On December 11, 1996, 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. 96-72, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On February 19, 1997, 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 Cucamonga does ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2. The City Council finds and determines that 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 15061(b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. SECTION 3. A new Section 17.02.600 hereby is added to Chapter 17.02 of the Rancho Cucamonga Municipal Code to read, in words and figures, as follows: 17.02.600 - Commercial Parties Prohibited in all Residential Zones and Property used for Residential Purposes. Purpose and intent. It is the purpose and intent of the City Council by the adoption of this section to prohibit parties conducted in a commercial manner within all residential zones and upon any property within the City actually utilized for residential purposes not Ordinance 569 Page 2 withstanding the zoning category thereof (nonconforming uses) in order to preserve the rights of residents to the quiet enjoyment of their property. B. Definitions. For purposes of this section, the following words and phrases shall have the meanings set forth herein: 1. "Admission charge" means a tangible benefit, monetary or otherwise, which is expressly or implicitly required as a condition of admittance to a party. Customary courtesies and clearly noncommercial activity such as gifts by guests and voluntary sharing of expenses for meals shall not be considered to be an "admission charge." "Admission charge" shall not include donations for political, community service, charitable, or religious purposes. 2. "Party" means three or more persons meeting together for social, recreational, or amusement purposes. Admission Charge Prohibited. No person or group of persons shall require, implicitly or expressly, any admission charge to any party conducted in any residential zone or upon any property within the City actually utilized for residential purposes notwithstanding the zoning category thereof (nonconforming uses). SECTION 4. 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 word 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. SECTION 5. Penalties for violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Ordinance Ordinance 569 Page 3 SECTION 6. Civil Remedies Available. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen 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 7th day of May, 1997. AYES: NOES: ABSENT: Alexander, Biane, Curatalo, Gutierrez None Williams ATTEST: William J. Debra J. Ad~f-ns, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, 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 19th day of February, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of May, 1997. Executed this 8th day of May, 1997, at Rancho Cucamonga, California. Debra J. Adar~, CMC, City Clerk