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HomeMy WebLinkAbout08-37 - Resolutions RESOLUTION NO. 08-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2008-00566, AMENDING THE PLAN TEXT TO PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING RECREATIONAL VEHICLE AND MINI-STORAGE IN ALL RESIDENTIAL DISTRICTS;AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga fled an application for Etiwanda Specific Plan Amendment No. DRC2008-00566, 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 August 2008, 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. The proposed amendment contemplates amending Section 10.2.3 - Use Regulations, Table 3; and 4. The application applies to properties located within all residential land use districts within the Etiwanda North Specific Plan; and 5. This amendment is in concert with the related Development Code Amendment DRC2008-00196 and Victoria Community Plan Amendment DRC2008-00561; and 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the 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 August 13, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. Because the current text in the Etiwanda North Specific Plan allows such uses within the Low(L) Residential land use category with an approved Conditional Use Permit, impacts such as noise, glare, night time lights, security and a perceived loss of property value to residents located near or adjacent to such facilities may arise to be detrimental to their health, safety and could be materially injurious to those residential property owners; and b. The development of additional,storage facilities within the Residential land use category could be found to be incompatible with the goal of reflecting the rural setting of the area; and PLANNING COMMISSION RESOLUTION NO. 08-37 ENSPA DRC2008-00566 - CITY OF RANCHO CUCAMONGA August 13, 2008 Page 2 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 future development which is more compatible 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 is in concert with Development Code Amendment DRC2008-00196 and Victoria Community Plan Amendment DRC2008-00561; 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 proposed amendment is in conformance with the General Plan. 4. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061 (b) (3). Because the current text in the Etiwanda North Specific Plan allows such facilities in the Low (L) Residential District, future impacts such as noise, glare, night time lights, security and a perceived loss of property value to residents located near or adjacent to such facilities are found to be detrimental to their health, safety and could be materially injurious to those residential property owners. In this case, the ordinance constitutes a text amendment that further restricts and/or limits the possible locations of future storage facilities that will serve to reduce potential significant impacts. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Etiwanda North Specific Plan Amendment No. DRC2008-00566 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 AUGUST 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: (� I A AAA 111 inI�O CorkranW. Ni cho5son, c��ttti������ng ecr Ty PLANNING COMMISSION RESOLUTION NO. 08-37 ENSPA DRC2008-00566 - CITY OF RANCHO CUCAMONGA August 13, 2008 Page 3 I, Corkran W. Nicholson, Acting 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 thel3th day of August 2008, by the following vote-to- wit: AYES: COMMISSIONERS: FLETCHER,HOWDYSHELL,MUNOZ,STEWART,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2008-00566, TO PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING RECREATIONAL VEHICLE AND MINI-STORAGE IN ALL RESIDENTIAL DISTRICTS A. Recitals. 1. On August 13, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Etiwanda North Specific Plan Amendment DRC2008-00566 and, following the conclusion thereof, adopted its Resolution No. 08-37, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. Also on August 13, 2008, the Planning Commission of the City of Rancho Cucamonga considered the related Development Code Amendment DRC2008-00196 and Victoria Community Plan Amendment DRC2008-00561 and recommended approval of those amendments. 3. On ****, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed Victoria Community Plan Amendment. 4. 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 *****, 2008, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The proposed amendment applies to properties within the Etiwanda North Specific Plan area of the City of Rancho Cucamonga; and b. The proposed amendment contemplates prohibiting public storage facilities, including recreational vehicle and mini-storage from the Low (L) Residential land use category; and C, Because the current text in the Etiwanda North Specific Plan allows such uses in the Low (L) residential zone with an approved Conditional Use Permit, impacts to residents located near or adjacent to such facilities such as noise, glare, night time lights, security and perceived loss of property value may arise to be detrimental to their health, safety and could be materially injurious to those residential property owners; and CITY COUNCIL ORDINANCE NO. ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2008-00566 "", 2008 Page 2 d. The development of additional storage facilities within the Residential land use category could be found to be incompatible with the goal of reflecting the rural setting of the area; and e. 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). Because the current text in the Etiwanda North Specific Plan allows such uses in the Low (L) residential zone, impacts to residents located near or adjacent to such facilities such as noise, glare, night time lights, security and perceived loss of property value are found to be detrimental to their health, safety and could be materially injurious to those residential property owners. In this case, the ordinance constitutes a text amendment that further restricts and/or limits the possible locations of future storage facilities that will serve to reduce potential significant impacts. The City Council has reviewed Staff's determination of exemption, the Planning Commission's adoption of that exemption, and further concurs with the determination of exemption. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council 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 SECTION 4: Section 10.2.3, Table 3 - Use Regulations for Residential Districts is hereby amended as shown on the attached 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, 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 TABLE 3 -USE REGULATIONS FOR RESIDENTIAL DISTRICTS USE HRE VLE HR VL L A. Residential Uses 1. Single Family Detached P P P P P B. Other Uses 1. Church C C C 2. Club, Lodge,Fraternity and Sorority C 3. College or University C C C 4. Public Facility C C C C 5. Day Care Facility Accessory -6 or less P P P P P Non-Accessory- 7 or more C C C 6. Fire and Police Station C C C C 7, Golf Course,Tennis Club,Country Club(private) C C C C C 8. Public Park and Playground P P P P 9. Residential Care Facility Accessory - 6 or less P P P P P Non-Accessory-7 or more - - - 10. Schools, Private and Parochial C C C 11. Stable, Commercial C C 12. Stable, Private(min. 20,000 SF lot size) P P P P 13. Utility or Service Facility C C C C C C. Accessory Uses 1. Accessory Structure P P P P P 2. Antenna P P P P P 3. Caretaker's Residence C C C C C 4. Guest House P P P P P III-8 TABLE 3-(CONTINUED) USE REGULATIONS FOR RESIDENTIAL DISTRICTS USE BRE VLE HR VL L P P P P P 5. Home Occupation 6. Lodging Unit P P P 7. Other Accessory Uses P p p p p 8. Private Garage p P p p p 9. Private Swimming Pool P P p p p o 1 ding elder cottage) C C C C 11. Recreational Vehicle Storage Yard 1 ee ask tore (if accessory to coercial stable) - C - C 13. Dormitory (if accessory to college or school) C C C D. Ternorary Uses 1. Temporary Uses as prescribed in Development Code P P P p p Section 17.04.070 and subject to those provisions. 1. Temporary trailers for use in conjunction with religious C C C and agricultural uses for a specified interim period. NOTE: For definitions see Development Code, Section 17.02.140 III-9