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Home My WebLink About03-22 - Resolutions RESOLUTION NO. 03-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2003-00031, A REQUEST TO AMEND SECTION 17.32, FOOTHILL BOULEVARD DISTRICTS, OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, PERMITTING PRIVATE SCHOOL USES AND MODIFYING THE PUBLIC HEARING REQUIREMENTS WITHIN EACH OF THE FOUR SUBAREAS OF THE FOOTHILL BOULEVARD DISTRICTS AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2003-00031, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment request is referred to as "the application." 2. On the 12th day of February 2003, 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. The Planning 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 substantial evidence presented to the Planning Commission during the above-referenced public hearing on February 12, 2003, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The application applies to property located along Foothill Boulevard within the City of Rancho Cucamonga; and b. The application contemplates modifying the land use regulations table applicable to the Foothill Boulevard Districts to incorporate a single category for educational services which will include a variety of educational institutions, vocational/trade schools, and facilities providing tutoring, mentoring, and counseling services; and C. The application contemplates allowing educational services in all non-residential zones located within the Foothill Boulevard Districts subject to a Conditional Use Permit review and approval by the City Planner; and d. The application also contemplates eliminating the subarea-wide public hearing requirement for any project within the Foothill Boulevard Districts that is under the review of a Conditional Use Permit. These projects will continue to require notification of the owners of properties located within 300 feet of the subject property; and PLANNING COMMISSION RESOLUTION NO. 03-22 DCA DRC2003-00031 — CITY OF RANCHO CUCAMONGA February 12, 2003 Page 2 e. Additional notification procedures may required for development related projects,as deemed necessary by the City Planner; and f. The proposed amendments will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: a. The proposed amendment does not conflict with the Land Use Policies of the General Plan, the objectives of the Development Code, and with related development. The amendment will offer expanded site/location opportunities for educational services; and b. The proposed amendment, together with the conditions applicable thereto,will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. This amendment allows staff to better assist the public in finding suitable locations for these educational services and streamlines the notification process; and C. The application is consistent with the objectives of the Development Code; and 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based on 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 Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2,3,and 4 above,the Planning Commission recommends approval of Development Code Amendment DRC2003-00031, as shown in the attached Ordinance. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: L rry T. Nief, Chairman ATTEST: rad B creta PLANNING COMMISSION RESOLUTION NO. 03-22 DCA DRC2003-00031 —CITY OF RANCHO CUCAMONGA February 12, 2003 Page 3 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 12th day of February 2003, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00031, AMENDING SECTION 17.32, FOOTHILL BOULEVARD DISTRICTS, OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, PERMITTING PRIVATE SCHOOL USES AND MODIFYING THE PUBLIC HEARING REQUIREMENTS WITHIN EACH OF THE FOUR SUBAREAS OF THE FOOTHILL BOULEVARD DISTRICTS AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. On February 12, 2003, 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.03-22,recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On 2003,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: Section 17.32.030 — Use Regulations in the Foothill Boulevard Districts, of the Development Code hereby is amended to read, in words and figures, as written below: "B. Conditionally Permitted Uses. Conditionally permitted uses, because of their unusual site development requirements or unique operating characteristics, are subject to the granting of a Conditional Use Permit by the Planning Commission or City Planner. Projects requiring a Conditional Use Permit shall be required to comply with the regulations of Section 17.04.030."and Table 17.32.030 — Use Regulations Table for the Foothill Boulevard Districts, of the Development Code hereby is amended to read, in words and figures, as shown in 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, CITY COUNCIL ORDINANCE NO. DCA DRC2003-00031 — CITY OF RANCHO CUCAMONGA (Date), Page 2 subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one 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. Table 17.32.030 - Use Regulations for Foothill Boulevard Districts Summary Table of Permitted (P) and Conditionally Permitted (C) Uses Subarea One Subarea Two Subarea Three Subarea Four RETAIL COMMERCIAL USES MH LM RR z SC CC O MR P SC CC O MR R SC CC CO R MR U MU CC C MR LI O Antique Shops P P P P P P P P P Apparel: a) Boutiques P P P P P P P P P b General P P P P P P P P Appliance Stores and Repair P P P P P Art,Music, Photographic Studios P P P P P P P P P P° C and Supply Stores Auto Service Station C C C C C C C C C Auto Service(including trailers, motorcycles,boats,campers): P P P P C a) Sales(with ancillary repair facilities) P P P P P P b) Rentals P P P P P c) Minor Repair(does not include major engine work,muffler C C C shops,painting,body work, upholstery,etc.) C C C C d) Coin-op Washing e Automatic Washing f Parts and Supplies P P P P P Bakeries retail only) P P P P P P P P P P Barber and Beauty Shops P P P P P P P P P P P P4 P Bed and Breakfast C C C C C C C C C Bicycle Shops P P P P P P P P Blueprint and Photocopy Services P P P P P P P P P Book,Gift and Stationery Stores P P P P P P P P P P P P C other than adult related material Candyand Confectioneries P P P P P P P P P P CateringEstablishments P P P P P P P P P China and Glassware Stores P P P P P P P P Christmas Tree/Pumpkin Sales Lots P P P P (operating on a temporary basis Churches C C C C C C C C C C C C C C C C Cleaning and Pressing P P P P P P P P P P P P C Establishments Cocktail Lounge(bar,lounge, tavem)including related C C C C C C C C C C C C entertainment Commercial Recreational: a) Indoor uses such as bowling P P P P P P P P P P P and billiards b) Outdoor uses such as tennis C C C C C C C C C and basketball Convalescent Facilities&Hospitals P P P P P P P P P P P P P Curtain and Drapery Shops P P P P P P P Day Care Centers C C C C C C C C C C C C C C Delicatessens and Specialty Food P P P P P P P P P P° Stores Drug Stores and Pharmacies a Over 10,000 square feet P P P P P P b) Pharmacies with or without specialty retail under 10,000 C P C P C P P P square feet Electronics Sales and Service(TVs, P P P P P P Stereos, radios,cpm users EXHIBIT `A' Subarea One Subarea Two Subarea Three Subarea PIII RETAIL COMMERCIAL USES MH LM RR z SC CC O MR P SC CC O MR R SC CC CO R MR U MU CC C MR LI Educational Services: a) Public,Parochial,Private, C C C C C C C C C C C C C C C Colleges Universities b) Instruction, tutoring, C C C C C C C C C C C C C C C counseling, testing,training schools and facilites c) Vocational, Technical,Trade, C C C C C C C C C C C C C C C Business,and Professional Schools d Miscellaneous schools C C C C C C C C C C C C C C C farmers'Markets P P P P P oor Cox Shoos P P Floris o s P P P P Furniture Stores P P P P P P P P Hardware Stores P P P P P Health and Athletic Gyms and C P C P C P C P P P° P Weight Reducin Clinics HobbyShops P P P P P P P P Ice Cream Stores and Soda P P P P P P P P P P° Fountains Janitorial Services and Supplies P P P P P C Jewel Stores P P P P P P P P Laund Self Service P P P P P Leather Goods and Luggage Stores P P P P P P P P Libraries and Museums,public and private C Liquor Stores C C C C C C C C Messenger and Wire Services P P P P P P P P Mixed Use Public Storage C Mortuaries and Cemeteries C Music,Dance,and Martial Arts C P C P C P P P Studios Newspaper and Magazine Stores P P P P P P P P P P P P Nurseries and Garden Supply P P P P P Stores within enclosed area Office,Business Machine and P P P P P P P P P C Computer Component Stores Office Supply Stores P P P P P P P P P P Paint,Glass,and Wallpaper Stores P P P P P Parking Facilities(commercial where fees are charged) C Parks and Recreation Facilities, C public and private Pet Shops P P P P P P P P Photocopy Xerox P P P P P P P P Political or Philanthropic C Headquarters Public and Private Clubs and Lodges,including YMCA,YWCA, C and similar Youth Group Uses Record and Tape Stores P P P P P P P P P Recreational Vehicle Storage Yards C Restaurants(sit down): a) with entertainment and/or C C C C C C C C C C C cocktail lounge,bar b) incidental serving of beer and wine(without a cocktail lounge, P P P P P P P P P P P P P bar,entertainment or dancing) c) cafe,limited to 20 seats P R P P P P P P P P P P P (including outdoor seating) d) Fast Food:With drive-thru C C C C Without drive-thru P P P P P P P P P Specialty eiRetail P P P P P P P Subarea One Subarea Two Subarea Three Subarea Four RETAIL COMMERCIAL USES SC CC O MR P SC CC O MR RH SC CC CO R MR U MU CC C MR 0 O Sporting Goods Stores: a) Specialty; Backpacking,Tennis, Skiing, Mountaineering, Fishing, P P P P P P P P P etc. b) General;encompassing a P P P P P variety of sports equipment Supermarkets P P P P P Swimming Pool Services and P P P P P Supplies Tailor Shops P P P P P P P P To Stores P P P P P P P P Variety Department Stores,Junior C P C P C P P P Department Stores Veterinary(domestic): a) Non-boarding P C P C P P P P C b Boardin C C C C C C Watch and Clock Repair Stores P P P P P P P P P P Yarda a Goods Stores P P P P P ENTERTAINMENT AND Subarea One Subarea Two Subarea Three Subarea Four CULTURAL USES SC CC O MR P SC CC O MR RR Sc CC CO R MR U MU CC I MR LI' O Arcades C C C C C C C C Cultural Artist Exhibits: a) Indoor Gallery and Art Sales P C P P C P P b Outdoor Art Exhibits P C P C P C C Discotheques C C C C C C C C Theaters: a) Dinner Theater P P P P P C P B) Movie Theater including P P P P P Multiplex OFFICE&ADMINISTRATIVE Subarea One Subarea Two Subarea Three Subarea Four USES SC CC O MR P SC CC O MR R SC CC CO LM MR U MU CC RCR MR Ll� O Administrative,Business and P P P P P P P P P P P P° P Professional Offices Banks,Finance Services and P P P P P P P P P P P P P institutions,including drive-thru Business and Office Services P P P P P P P P P Interior Decorating Firms P P P P P P P P P P P MedicaVDental Offices and Related P P P P P P P P P P° P Health Clinics O tician and Optometrist Shops P P P P PP P P P P P Realtors and Real Estate Offices P P P P P P P P P P P P P Travel A encies P P P P P P P P P P P P P Subarea One Subarea Two Subarea Three Subarea Four PUBLIC USES SC CC O MR P SC CC O MR R SC CQ CO R MR U MU CC FIR MR 0 O Transit Facilities C Public Utility Installations P Subarea One Subarea Two Subarea Three Subarea Four RESIDENTIAL USES SC CC O MR P SC CC O MR RH SC CC CO R MR U MU CC C MR Lh O Single-Family Detached P I P P P Single-Family Attached(duplex, P P P P P P P triplex,four lex Multi-Family Dwellings P P P P P P Ancillary Residential Uses: a) Home-care facilities(6 or less) P P P P P P P b) On-site private recreation P P P P P P P facilities Accessory Uses: a) Accessory Structures P P P P P PP b) Home Occupation P P I P P P P ITI P Subarea One Subarea Two Subarea Three Subarea Four HOTEL USES MHLM RR z SC CC O MR P SC CC O MR R SC CC CO R MR U MU CC C MR LI O Hotel/Motel C P Hotel Facilities major P Ancillary Uses: a) Beauty/Barber Shop P b) Cafes P c) Catering Services P d) Cocktail Lounge P e) Conference/Convention Facilities P f) Florist Shops P g) Gift Shops P h) Newspaper/Magazine Stores P i) Pharmacies P .) Restaurants(sit down) P k) Tourist Information P Travel Agencies P