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Home My WebLink About02-67 - Resolutions RESOLUTION NO. 02-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2002-00449, A REQUEST TO ADD EMERGENCY SHELTER PROVISIONS BY AMENDING CHAPTER 17.02 (ADMINISTRATION), CHAPTER 17.10 (COMMERCIAL/OFFICE DISTRICTS), AND 17.30 (INDUSTRIAL DISTRICTS) OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO DETERMINE THOSE CONDITIONS AND STANDARDS WHERE EMERGENCY SHELTER FACILITIES MAY BE LOCATED, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2002-00449, as 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 10th day of July 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on July 10, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. 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 b. This amendment does promote the goals and objectives of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 02-67 DCA DRC2002-00449 - CITY OF RANCHO CUCAMONGA July 10, 2002 Page 2 C. 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 d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061. Furthermore, on October 17, 2001, the City Council approved an Environmental Impact Report for the General Plan Update and this Development Code Amendment is consistent with the General Plan. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. DRC2002-00449 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JULY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: J ' L rry T. iel, Chairman ATTEST: Brad By ecrelikV I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of July 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00449, THE ADDITION OF EMERGENCY SHELTER PROVISIONS BY AMENDING CHAPTER 17.02 (ADMINISTRATION), CHAPTER 17.10 (COMMERCIAL/OFFICE DISTRICTS), AND 17.30 (INDUSTRIAL DISTRICTS) OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO DETERMINE THOSE CONDITIONS AND STANDARDS WHERE EMERGENCY SHELTER FACILITIES MAY BE LOCATED. A. RECITALS. 1. On July 10, 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.02-67,recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On *********,the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the 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: This City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City Council hereby 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 Division 6 Title 14 of the California Code of Regulations. - SECTION 3: Sections 17.02, 17.10, and 17.30 of the Development Code are hereby established to read, in words and figures, as written below: 'Definitions— Section 17.02.140(C). Add the following definition: Emergency Shelter: A use that provides short-term accommodations to individuals and/or families on a first-come first-serve basis. Occupants must vacate the facility each morning and have no guaranteed bed for the next night. Accommodations may include: lodging, meals, laundry facilities, bathing facilities, and other personal services. Commercial/Office Districts— Chapter 17.10: Revise Table 17.10.030 (Use Regulations for Commercial/Office Districts) to identify that Emergency Shelters are permitted in the General Commercial (GC) District, subject to approval of a Conditional Use Permit. DRAFT CITY COUNCIL ORDINANCE NO. DCA DRC2002-00449 CITY OF RANCHO CUCAMONGA ............ Page 2 Industrial Districts Chapter— Chapter 17.30: Revise Table 17.30.030 (Use Regulations for Industrial Districts) to identify that Emergency Shelters are permitted in the General Industrial(GI) District(Subareas 1, 3, 4, and 5) subject to approval of a Conditional Use Permit. Revise Section 17.30.030(D)(5) Civic Use Types to include the definition established above." 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 words 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: 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.