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HomeMy WebLinkAbout08-64 - Resolutions RESOLUTION NO. 08-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2008-00593, MODIFYING THE DEFINITION OF LANDSCAPING IN SECTION 17.02.140 OF THE DEVELOPMENT CODE TO ALLOW FOR SYNTHETIC TURF AND MODIFYING SECTIONS 17.08.090, 17.10.060 AND 17.30.060 OF THE DEVELOPMENT CODE TO ESTABLISH DESIGN GUIDELINES FOR THE USE OF SYNTHETIC TURF; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2008-00593, 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 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on the 12th day of November 2008. 3. 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 October 22, 2008 and November 12, 2008, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the 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. 08-64 DEVELOPMENT CODE AMENDMENT DRC2008-00593 - CITY OF RANCHO CUCAMONGA November 12, 2008 Page 2 e. The proposed amendment is in conformance with the General Plan by encouraging the conservation of water supplies in coordination with the Cucamonga Valley Water District. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with 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 a Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines,the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined thatthere was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter,the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission therefore is forwarding the proposed Negative Declaration to the City Council for their final consideration as the adoption will reflect the independent judgment and analysis of the City Council. Based on their initial findings, the Planning Commission hereby recommends adoption of the Negative Declaration by the City Council. C. The custodian of records for the Initial Study, Negative Declaration and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 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. DRC2008-00593 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 12TH DAY OF NOVEMBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: n J I es R. Troyer, AICP, S cretary PLANNING COMMISSION RESOLUTION NO. 08-64 DEVELOPMENT CODE AMENDMENT DRC2008-00593 - CITY OF RANCHO CUCAMONGA November 12, 2008 Page 3 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 November 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00593 AMENDING SECTION 17.02.140C OF THE DEVELOPMENT CODE TO MODIFY THE DEFINITION OF LANDSCAPING TO ALLOW FOR THE USE OF SYNTHETIC TURF AND AMENDING SECTIONS 17.08.090C(5), 17.10.060C(1)(E) AND 17.30.060F; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On October 22, 2008 and November 12, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning this matter and took action recommending adoption by the City Council of this Ordinance. 2. On , the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption of this Ordinance. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined and ordained by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: The facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental 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 the Negative Declaration based upon the findings as follows: a. That the 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 Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. 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 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 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. DRAFT CITY COUNCIL ORDINANCE NO. DRC2008-00593— CITY OF RANCHO CUCAMONGA November 12, 2008 Page 2 SECTION 3: The proposed amendment is consistent and in conformance with the City's General Plan by encouraging the conservation of water supplies in coordination with the Cucamonga Valley Water District. SECTION 4: Section 17.02.140C, Chapter 17.02, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by amending the definition of Landscaping to read as follows: a. Landscaping: An area devoted to or developed and maintained predominately with native or exotic plant materials including (lawn) turf (natural or synthetic), ground cover, trees, shrubs and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas), and sculptural elements. Section 17.08.090C(5), Chapter 17.08, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the text as follows: p. Synthetic turf is an appropriate substitute for natural turf for the purposes of water conservation. General guidelinesfor the use and maintenance of synthetic turf include: (1) Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1-3/4 inches. (2) A proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. (3) Synthetic turf shall be installed and maintained to effectively simulate the appearance of a well-maintained lawn. (4) The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. (5) Synthetic turf shall be installed in combination with only natural plant materials (i.e. trees, shrubs and groundcover) to enhance the overall landscaping design. Section 17.10.060C(1)(e), Chapter 17.10, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the text as follows: (20) Synthetic turf is an appropriate substitute for natural turf for the purposes of water conservation. General guidelines for the use and maintenance of synthetic turf include: (a) Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1-3/4 inches. DRAFT CITY COUNCIL ORDINANCE NO. DRC2008-00593 — CITY OF RANCHO CUCAMONGA November 12, 2008 Page 2 (b) A proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. (c) Synthetic turf shall be installed and maintained to effectively simulate the appearance of a well-maintained lawn. (d) The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. (e) Synthetic turf shall be installed in combination with only natural plant materials (i.e. trees, shrubs and groundcover) to enhance the overall landscaping design. Section 17.30.060F, Chapter 17.30, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the text as follows: 9. Synthetic Turf: Synthetic turf is an appropriate substitute for natural turf for the purposes of water conservation. General guidelines for the use and maintenance of synthetic turf include: a. Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1-3/4 inches. b. A proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. C. Synthetic turf shall be installed and maintained to effectively simulate the appearance of a well-maintained lawn. d. The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. e. Synthetic turf shall be installed in combination with only natural plant materials (i.e. trees, shrubs and groundcover) to enhance the overall landscaping design. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.