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Home My WebLink About05-26 - Resolutions RESOLUTION NO. 05-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVALOF DEVELOPMENT CODE AMENDMENT DRC2003-01144, TO AMEND SECTION 17.16.030 USE REGULATIONS TO ALLOW PUBLIC STORAGE FACILITIES, INCLUDING OUTDOOR RV PARKING, IN THE UTILITY CORRIDOR DISTRICT,AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2003-01144, 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 13th day of April 2005, 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 April 13, 2005, 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 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 PLANNING COMMISSION RESOLUTION NO. 05-26 DRC2003-01144 –CITY OF RANCHO CUCAMONGA April 13, 2005 Page 2 e. The proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends the City Council adopt the 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 Planning Commission; and, further, this Commission 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 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 Planning Commission 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 Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(o-1-d) of Title 14 of the California Code of Regulations. 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 DRC2003-01144 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 13TH DAY OF APRIL 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA f BY: "Z"''�— &�" ny T. iel, Vice Chairman ATTEST: Brad Secreta PLANNING COMMISSION RESOLUTION NO. 05-26 DRC2003-01144—CITY OF RANCHO CUCAMONGA April 13, 2005 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 13th day of April 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS ORDINANCE NO. 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 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 DRC2003-01144 and, following the conclusion thereof, adopted its Resolution No. 05-", recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Amendment. 2. On .."', 2005, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing 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 ""', 2005, including written and oral staff reports, together with public testimony, the City Council 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. 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 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 CITY COUNCIL ORDINANCE NO. DRC2003-01144 — CITY OF RANCHO CUCAMONGA Page 2 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 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) of Title 14 of the California Code of Regulations. SECTION 3: 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 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, 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. EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO. 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 "C," 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 District Use OS FC UC 1. Single-family dwellings (not to exceed an average density of 1 unit per 40 acres): F P 2. Caretaker quarters: —F— a. Permanent F—P r P ( P l -b. Temporary C F c 3. Home occupations: P FF_ 4. Accessory structures (such as detached garages, carports, cabanas, guest houses, barns, storage sheds, corrals): - a. Related to on-site single-family dwelling I P r b. Not related to on-site dwelling 5. Agricultural uses: F__F_F a. Row crops, truck gardens F_ _P F b. Plant storage or propagation F_PF—P P C. Orchards, vineyards, Christmas and other tree farms F—I P P d. Community gardens P F P �F P .............__. e. Greenhouses P P P f. Livestock grazing, breeding (no feed lots) F—P F—P P g. Hydroponic culture r P �I P h. On-site sales of products grown on site F P P P 6. Cemeteries, crematories, mausoleums, columbariums, and related uses: FC -� -- 7. Wildlife preserves and sanctuaries: ( P r l r -._ - - 8. Forest maintenance facilities/ranger station. P - P P 9. Recreational uses: F�—)�'F— a. Parks, picnic areas, playgrounds r vI r r b. Hiking, biking, equestrian trails P P Greenways 1__P r P I r EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO. d. Golf courses F c C e. Riding schools (equestrian) F c— f. f. Commercial stables ------ --- ----------- -- -- ---- —--- g. Country club and related uses ( C C C 10. Preservation and use of historic landmarks and related uses such as museums, art galleries, and food services to accommodate on-site uses: I C Fc I 11. Flood control structures and facilities: F P IP ��P 12. 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