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HomeMy WebLinkAbout09-44 - Resolutions RESOLUTION NO. 09-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY PLAN AMENDMENT DRC2009-00432, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITED USE WITHIN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA ARBORS MASTER PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-161-67. A. Recitals. 1. Gary Rea of RME Clinics Incorporated, dba Massage Envy, filed an application for Victoria Community Plan Amendment DRC2009-00432, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Community Plan Amendment is referred to as "the application." 2. On the 9th day of December 2009, 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 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 December 9, 2009, 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 Victoria Community Plan amendment will not have a significant impact on the environment. C. The proposed change in the Victoria Community Plan to conditionally allow massage establishments only in the Village Commercial District of the Victoria Arbors Master Plan will be consistent with the land use concept of the Rancho Cucamonga General Plan. The land use designation in the General Plan is Mixed Use and allows for this type of use to be conducted within this area. The goals and objectives of the Victoria Community Plan will not be changed as this only affects one zoning district within one of the planned communities. The change will allow for a new service to be provided to the residents within this area. 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 PLANNING COMMISSION RESOLUTION NO. 09-44 DRC2009-00432 - CITY OF RANCHO CUCAMONGA December 9, 2009 Page 2 b. This amendment does promote the goals and objectives of the Development Code which allows selected uses subject to the granting of a Conditional Use Permit because of their unique operating characteristics, which require special consideration in order to operate in a manner compatible with the surrounding uses; 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 as the use will only be allowed with approval of a Conditional Use Permit. The Conditional Use Permit process will allow for the public review and evaluation of the requirement and characteristics of the use to provide adequate mitigation of any potentially adverse impacts. It will also ensure all regulations and performance standards associated to this project to be in accordance with the Development Code and any other documents governing this project; and d. The subject application is consistent with the objectives the Development Code as the use is allowed in similar districts within the City; and e. The proposed amendment is in conformance with the General Plan as the Mixed Use designation allows for a variety of uses within this land use plan. 4. The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061(b) (3)of the State CEQA Guidelines because a text amendment will not have any significant impact on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment,concurs in the staff's 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 Victoria Community Plan Amendment No. DRC2009-00432 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 9TH DAY OF DECEMBER 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: J es R. Troyer, AICP, Secreiary I, James R. Troyer, AICP, 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 9th day of December 2009, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 09-44 DRC2009-00432 - CITY OF RANCHO CUCAMONGA December 9, 2009 Page 3 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 VICTORIA COMMUNITY PLAN AMENDMENT DRC2009-00432, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITED USE WITHIN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA ARBORS MASTER PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-161-67. A. Recitals. 1. On December 9, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Victoria Community Plan Amendment DRC2009-00432 and, following the conclusion thereof, adopted its Resolution No. 09-44, recommending that the City Council of the City of Rancho Cucamonga adopt said Victoria Community Plan Amendment. 2. On , 2009, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Victoria Community Plan 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 , 2009, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to the Victoria Community Plan; and b. The proposed Victoria Community Plan Amendment would only affect the property located at the southeast corner of Base Line Road and Day Creek Boulevard within the Village Commercial District of the Victoria Arbors Master Plan within the City of Rancho Cucamonga; and C. The application would allow massage establishments within the Village Commercial District of the Victoria Arbors Master Plan. Concurrently the Victoria Arbors Master Plan is being amended to conditionally allow massage establishments within the Village Commercial District; and d. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for a service within the district in a manner consistent with the General Plan and with related development; and CITY COUNCIL ORDINANCE NO. DRC2009-00432— RME CLINICS, INCORPORATED Page 2 e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties, and f. That the proposed amendment is in conformance with the General Plan 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 Section 2 above, the Victoria Community Plan Amendment is hereby amended to change the Commercial Standards section of said Victoria Community Plan, in words and figures, as shown in the attached Exhibit A. SECTION 4: 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 there under, pursuant to Section 15061(b)(3). In this case, the ordinance constitutes a text amendment and will not have a significant impact on the environment. 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 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. COMMERCIAL STANDARDS General provisions for land uses designated as Regional Center, Regional-related Commercial and Village Commercial. Site Development Standards: (1) Building site coverage: No maximum subject to Development Approval Process (2) Building site width: 150-foot minimum (3) Building height: 65 feet typical maximum; buildings over 65 feet subject to a Conditional Use Permit Uses not permitted within the Planned Community: • Massage Parlors, except as conditionally permitted within the Victoria Arbors Master Plan. • "Adult" Entertainment Establishments Shopping Centers. To ensure that the goals and policies of the General Plan and Community Plan are implemented, a Conditional Use Permit shall be required for shopping centers. In such a review, the following criteria shall be considered: (1) The transition from more sensitive land uses and buffering methods to mitigate commercial activities such as loading, lighting, and trash collection; (2) The Center has been planned as a group of organized uses and structures; (3) The Center is designed with one theme, with buildings and landscaping consistent in design (similar architectural style, similar exterior building materials, and a coordinated landscaping theme); (4) The Center makes provisions for consistent maintenance, reciprocal access, and reciprocal parking: (5) Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system; and (6) The development or approval of any portion of a center shall require the development of a conceptual development plan, which shall consider such things as, but not limited to, circulation, uniform architectural design, drainage/grading, buffers, phased improvements, and landscaping. Regional Center a. The following general categories of uses shall be permitted: (1) Retail businesses, including, but not limited to: • Discount stores • Department stores • Drug stores EXHIBIT A