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HomeMy WebLinkAbout11-11 - Resolutions RESOLUTION NO.11-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2010-00141, TO AMEND CHAPTER 5.12, 17.10, 17.30 AND 17.32 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REGULATE ENTERTAINMENT, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment No. DRC2010-00141, 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 March 17, 2010, the City Council approved a request to initiate a Municipal Code Amendment. 3. On July 14, 2010, staff presented their initial findings and recommendations to the Planning Commission, 4. On August 4, 2010, staff presented proposed changes to the Municipal Code regarding entertainment to a joint meeting of the City Council and Planning Commission. 5. On the 9th day of March 2011, 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. 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 March 9, 2011, 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. C. This amendment does not conflict with the Land Use Policies of the General Plan and is in conformance with the General Plan; and d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and PLANNING COMMISSION RESOLUTION NO. 11-11 DRC2010-00141 - CITY OF RANCHO CUCAMONGA March 9, 2011 Page 2 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 3. The Planning Department Staff has determined that the project is 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 the text amendment is for clarification purposes and will not result in the intensification of environmental impact. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of entertainment 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 staffs determination of exemption. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,this Commission hereby recommends approval of Development Code Amendment No. DRC2010-00141 through the adoption of the attached Draft City Council Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: J6yAA1 Ja s R. Troyer, AICP, Secr Lary 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 March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL; MUNO7; OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2010-00141, A REQUEST TO AMEND CHAPTERS 5.12, 17.10, 17.30 AND 17.32 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGULATING ENTERTAINMENT, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment No. DRC2010-00141, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the amendment." 2. On March 17, 2010, the City Council approved a request to initiate a Municipal Code Amendment. 3. On July 14, 2010, staff presented their initial findings and recommendations to the Planning Commission. 4. On August 4, 2010, staff presented proposed changes to the municipal code regarding entertainment to a joint meeting of the City Council and Planning Commission. 5. On March 9, 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced amendment and, following the conclusion thereof, adopted its Resolution No. 11-11, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 6. On , 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 7. 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 , 2011, 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 is in conformance with the General Plan; and CITY COUNCIL ORDINANCE NO. DRC2010-00141 , 2011 Page 2 d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; 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 f. The Planning Department Staff has determined that the project is 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 the text amendment is for clarification purposes and will not result in the intensification of environmental impact. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of entertainment will not have any significant impact on the environment. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. SECTION 3: Chapter 5.12 of Title 5 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as shown Attachment A. SECTION 4: Table 17.10.030(B) of Section 17.10.030 of Chapter 17.10 of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as shown in Exhibit A. SECTION 5: Table 17.30.030 of Section 17.30.030 of Chapter 17.30 of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as shown in Exhibit B. SECTION 6: Table 17.32.030 of Section 17.32.030 of Chapter 17.32 of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as shown in Exhibits C and D. SECTION 7: 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 8: 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. CITY COUNCIL ORDINANCE NO. DRC2010-00141 , 2011 Page 2 ATTACHMENT A Chapter 5.12 - REGULATION OF ENTERTAINMENT Sections: 5.12.010 - Permit required. 5.12.020 - Definitions. 5.12.030 - Exclusions. 5.12.040 -Application for permit. 5.12.050 - Investigation and hearing. 5.12.060 - Notice of hearing. 5.12.070 -Action at hearing. 5.12.080 - Denial of application. 5.12.090 - Conditions imposed on permit. 5.12.100 - Suspension, modification, or revocation of permit. 5.12.110 - Fees. 5.12.115 -Annual renewal. 5.12.120 -Transfer of permit. 5.12.130 - Nullification of permit. 5.12.140 - Chapter to govern. 5.12.150 - Prohibition and penalties. 5.12.160 -Civil remedies available. 5.12.010 - Permit required. No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this chapter. 5.12.020 - Definitions A. "Entertainment' means any activity conducted for the primary purpose of diverting or entertaining clientele at premises open to the general public; including but not limited to, dancing by either performers or clientele, live musical performance, and musical entertainment provided by a disc jockey, karaoke, or any similar entertainment activity involving reproduced music. B. "Amplified" refers to the use of any mechanical or electronic means such as microphones, bullhorns or speakers to increase or intensify the volume of any sound, including but not limited to vocalizations and sounds produced by any musical instrument. CITY COUNCIL ORDINANCE NO. DRC2010-00141 12011 Page 2 5.12.030 - Exclusions. The provisions of this chapter shall not be deemed to require a permit for the following: A. For the use of a radio or other electronic playback device, except when utilized by an announcer or disc jockey whose live performance consists of selecting or manipulating prerecorded selections of music or other sounds; B. For any entertainment provided for members and their guests at a private club where admission is not open to the public; C. For entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground; D. For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three-month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society or association; E. For unamplified entertainment provided by no more than 2 performers during meal service at an established restaurant where dancing is not allowed; F. For entertainment conducted solely on or at any premises or location which is owned or operated by, or leased by, to or from the United States, State of California, County of San Bernardino, City of Rancho Cucamonga, or any agency or subdivision thereof. G. For any Adult Entertainment Business regulated by Section 17.04.090 of the Rancho Cucamonga Municipal Code. 5.12.040 -Application for permit. Applicants for Entertainment Permits shall file a written, signed and verified application with the City Manager, or his designee, showing: A. The name and permanent address of applicant; B. The name, proposed and current, if any, business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the application shall show the names and residence addresses of each of the members, including limited partners; C. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment, and any. further information about the entertainment or entertainers, as the City Manager may deem necessary; CITY COUNCIL ORDINANCE NO. DRC2010-00141 , 2011 Page 2 D. The date, hours and location where the entertainment is proposed to be conducted, and the admission fee, if any, to be charged; E. A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business; F. Whether or not applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency; G. Such other reasonable information as the City Manager, or designee, may deem necessary. 5.12.050 - Investigation and hearing. After the application for an Entertainment Permit has been filed, the City Manager shall cause an investigation to be made of such application, and after such investigation has been completed he shall cause the application to be set for hearing before the Planning Commission and shall notify the applicant of the date of such hearing. 5.12.060 - Notice of hearing. After the City Manager has set the application for hearing, he shall cause notice of the hearing to be given to all property owners within six hundred sixty (660) feet of the proposed or actual location of the applicant's business. For the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the last equalized assessment roll. Additionally, the City Manager shall cause a public notice to be posted at the location where the business or entertainment is to be conducted. All notices provided for in this section shall be in the form and manner as prescribed by the City Manager. The applicant shall bear all costs and expenses in mailing, printing, and posting such notices and shall pay such costs to the city prior to the time set for public hearing on the pending application. Failure to pay such costs by the applicant shall be grounds to deny his application. 5.12.070 -Action at hearing. At the time and place set for public hearing as to any application, and as may be continued from day to day, the Planning Commission shall hear and determine all the facts and evidence relevant to the application. At the conclusion of the hearing before the Planning Commission, the Planning Commission shall grant, conditionally grant, or deny the application, which decision shall be final unless appealed in accordance with the provisions of Section 17.02.0806 of the Rancho Cucamonga Municipal Code. Such decision shall be set forth in a resolution which shall be adopted within thirty days after such decision is rendered. 5.12.080 - Denial of application. The Planning Commission may deny an application for an Entertainment Permit if it makes any of the following findings: CITY COUNCIL ORDINANCE NO. DRC2010-00141 , 2011 Page 2 A. The conduct of the establishment or the granting of the application would be contrary to the public health, safety, morals or welfare; or B. The premises or establishment is likely to be operated in an illegal, improper or disorderly manner; or C. That granting the application would create a public nuisance; or D. That the normal operation of the premises would interfere with the peace and quiet of any surrounding residential neighborhood; or E. The applicant has made any false, misleading, or fraudulent statement of material fact in the required application. 5.12.090 -Conditions imposed on permit. After the public hearing as to any application, the Planning Commission in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as it deems appropriate. 5.12.100 — Suspension, modification, or revocation of permit. A. After notice and hearing, the Planning Commission may suspend, modify, or revoke any permit granted pursuant to this chapter if said commission makes any of the following findings: 1. The applicant made a false, misleading, or fraudulent statement of material fact in the application for permit, or any report or record required to be filed pursuant to this chapter or conditions imposed on the approval of the permit; or 2. The premises are being operated in violation of any provision of this chapter, or of any statute, ordinance, or condition relating to or in conjunction with the permitted entertainment; or 3. The premises are being operated in a manner contrary to the peace, health, safety, and general welfare of the public. B. The decision of the Planning Commission shall be set forth in a resolution which shall be adopted within thirty days of the date of such decision and shall be final unless appealed in accordance with the provisions of Section 17.02.0808 of the Rancho Cucamonga Municipal Code. 5.12.110 - Fees. The fee for an Entertainment Permit shall be set by Council resolution in accordance with Section 1.16.010 of the Rancho Cucamonga Municipal Code and shall be revised periodically to reflect the changes in the cost of processing and investigation. Such permit shall be in addition to any business license fee as may be required by the Business License law of the City. CITY COUNCIL ORDINANCE NO. DRC2010-00141 12011 Page 2 5.12.115 -Annual renewal. Entertainment permits require submission of an annual renewal statement and fee, due on or before January 1 of each and every year. A written request for one (1) thirty day (30) extension may be submitted and is subject to approval of the City Manager, or his designee. The applicant for every renewal of an Entertainment Permit shall submit to the City Manager, or his designee, a written statement setting forth such information concerning the applicant's business during the preceding year as may be required by the City Manager to enable him to ascertain whether the information listed on their original Entertainment Permit application has changed in the past year. The City Manager, or his designee, shall review the information and determine if a modification to the Entertainment Permit is warranted. The Planning Commission shall review any such modification pursuant to the provisions of this Chapter. 5.12.120—Transfer of Permit. A. An Entertainment Permit issued pursuant to this chapter may be transferred or assigned to another person or business entity at the same physical location, provided there is no intensification of the originally approved entertainment use. Any request for transfer of an Entertainment Permit due to change in ownership shall be submitted in writing. B. An Entertainment Permit issued pursuant to this chapter shall not be transferred or assigned to another location for any purpose. Any change in location shall require a new permit. The following shall be deemed a change of location: 1. Any relocation or expansion that includes a separate piece of property or parcel of land; or 2. Any expansion of the initially permitted premises which represents a greater than fifty percent increase in the square footage of space devoted to public access or occupancy. 5.12.130— Nullification of permit. An Entertainment Permit shall become null and void if the business for which it was issued ceases at anytime to operate for a continuous period of 180 days or more. 5.12.140 - Chapter to govern. All provisions of this title which are inconsistent with or contrary to the provisions of this chapter are repealed to the extent such provisions are inconsistent with or contrary to the provisions of this Chapter. 5.12.150 - Prohibition and penalties. A. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its CITY COUNCIL ORDINANCE NO. DRC2010-00141 , 2011 Page 2 requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows: 1. A fine not exceeding one hundred dollars for a first violation; 2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; 3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. B. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation and shall be deemed punishable therefore as provided in this chapter. C. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. 5.12.160 - Civil remedies available. A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance. Rancho Cucamonga Development Code Section 17.10.030 Use OP NC GC 48. Nurseries and garden supply stores; provided, in the NC district, all equipment, supplies and material P P are kept within an enclosed area, and provided that fertilizer is stored in packaged form only. 49. Office and business machine stores. P P P 50. Office supply stores. P P 51. Parking facilities (commercial)where fees are P P charged. 52. Pawn shops. C 53. Petshop. P P 54. Political or philanthropic headquarters. P P P 55. Plumbing shop and supplies. - P 56. Photocopy. P P P 5 0 P 59. Restaurants (other than fast food). a. With PntP.FtR nment and/n.r cocktail lounge and/or bar. C C C b. Incidental serving of beer and wine but without a cocktail lounge or bar, P P P 60q o r. P P 61. Second-hand store. C C 62. Shopping Center subject to provisions in Section C C 17.10.030-F.4. 63. Spiritualist readings or astrology forecasting. P 64. Sporting goods stores. P P 65. Stamp and coin shops. P P 66. Swimming pool supplies. P P 67. Tailor. P P 68. Taxidermists, P 69. Thrift store. C C 70. Toy stores. P P 71. Travel agencies. P P P 72. Transportation facilities (train and bus, taxi depots). C C C 73. Truck and trailer rental, sales and service. C EXHIBITA 17.10-5 10/08 Rancho Cucamonga Development Code Section 17.30.030 Table 17.30.030 Continued - Use Regulations for Industrial Districts USE TYPES LAND USE I IP GI GIJGlJGIJGIJ IP I IP GI MI/HI GI GI IP GI GI HI IP IP MUIOS SUBAREAS HO 1 2 3 4 5 -6 7 8 9 10 11 12 13 14115 161171 18 COMMERCIAL Adult Entertainment I I I JA A A A I A I A I A JA A A Agricultural/Nursery Supplies&Services P P P P P I P I P I P Animal Care C C C C I C I C I C C Automotive Fleet Storage C C C C P I C I C I P Automotive Fueling Services C Automotive Rental P P P P P P I P P P Automotive/Light Truck Repair-Minor P P P P P P P I P P Automotiverrruck Repair-Major P C P P P P C C C Automotive Sales and Leasing C C C C Automotive Service Court P P P P C P P P P Za Automotive Service Station C C C C C C C C C C C C J Building Contractor's Office&Yards P P P P P P P P P P P tl Building Contractors Storage Yard P P U_ Building Maintenance Services P P P P P P P P P P P P LL Building&Light Equipment Supplies&Sales P C P C C P P C P C C P W Business Supply Retail&Services P' P P P P P P P P P P P P 0- h Business Support Services P' P C P P C P P P C P P P P P P m Communication Services P P P P P P P P P P P P P P P P Convenience Sales&Services C C C P P C CC C C C W Crematory Services C X Entertainment C C C C C C C C Cal Extensive Impact Commercial C C C C (A Fast Food Sales C. C C C C C C C O Financial, Insurance&Real Estate Services P P P P P P P C P C C P P H Food&Beverage Sales C' C C C C C C C C C X Heavy Equipment Sales&RentalsC C C C C P C C C C P LL Hotel/Motel P P P P C W Indoor Wholesale/Retail Commercial C C C C C C C Laundry Services P P P P P P P P Medical/Health Care Services P P P P P P P P P P P P Personal Services c' C P P P P P C P P P Petroleum Products Storage C C C C C C Recreation Facilities C C C C C C C P C C P P P e' P P C P NP P P P P P P C Resta nts P P P P PRestaurants with Bar^•F ,...,^'^^^ C C CSpecialty Building Supplies&Home Improvement P P arehouse-Style Retail Merchandising" C OT IP - Industrial Park P - Permitted Use HO - Haven Avenue Overlay District C - Conditionally Permitted Use GI - General Industrial ❑ - Non-Marked uses not permitted MI/HI - Minimum Impact Heavy Industrial A - Adult Entertainment Zoning Permit Required HI - Heavy Industrial MU/OS - Mixed Use/Open Space - Ancillary uses limited to 20 percent of the P. - Permitted with Master Plan approval for 35 floor area per Section 17.30.080.5.b. acres minimum - Refer to Subarea 12 Special Considerations for additional restrictions EXHIBITB 17.30-8 3/10 Rancho Cucamonga Development Code Section 17.32.030 Table 17.32.030 - Use Regulations for Foothill Boulevard Districts Summary Table of Permitted (P) and Conditionally Permitted (C) Uses RETAIL COMMERCIAL USES Subarea One Subarea Two Subarea Three Subarea Four MU' O MR P SC CC O MR MHR SC CC CO LMR MR U MU C RRC MR LI' G Antique Shops P P P P P P P P Apparel: a) Boutiques P P P P P P P P b General P P P P P P P Appliance Stores and Repair P P P P P Art,Music, Photographic Studios and P P P P P P P P P' C Supply Stores Auto Service Station C C C C C C C C C Auto Service(including trailers, motorcycles, boats,campers): a) Sales(with ancillary repair P P P P C facilities) b) Rentals P P P P c) Minor Repair(does not include major engine work,muffler shops,painting,body work, C C C upholstery,etc.) d) Coin-op Mnng C C C e) Automatihing C C C C If Parts andlies P P P P Bakeries retaP P P P P P P P P P Barber and Beho s P P P P P P P P P P P P Bed and BreaC C C C C C C C CBic cle Sho sP P P P P P PBlue rint and co Services P P P P P P P P I— Chul;� Book,Gift andnery Stores P P P P P P P P P P P other than adated materialCand and Cooneries P P P P P P P P PCaterin Estaents P P P P P P P P China and Glassware Stores P P P P P P P Christmas Tree/Pumpkin Sales Lots P P P (operating on a temporary basis C C C C C C C C C C C C C C C anirib and PressK P P P P P P P P P P C stablishments iRG!ud ng related entertainment Cocktail Lounge(bar,lounge,tavern) C C C C C C C C C C mmercial Recreational: a billiar uses suc as bowfin and P P P P P P P P P P b) Outdoor uses such as tennis and C C C C1CPPCP C C C C basketball Convalescent Facilities&Hospitals P P P P P P P P P P P Curtain and Drapery Shops P P P P C C C C C C C C C 1 Refer to Subarea 4 Section 17.32.080.F.7.b(footnote 2). 2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30. 3 Subject to Master Plan requirements pursuant to 17.32.030.D. 4 Commerclal/Of ice uses may be located in the RRC district only with the concurrent development of one major regionally related anchor business of at least 15,000 square feet per site or project.This provision is intended to facilitate the development of large, regionally related uses. Regionally Related Commercial uses are typified by large scale businesses which serve a market area significantly larger than those businesses which draw customers primarily from the neighborhood or community level. 5 Public Storage may be located in the RRC district only within an enclosed building. No outdoor storage is permitted. The public storage use may occupy a portion of an existing retail building provided the building is at least 50,000 square feel,the public storage use does not occupy the first 100 foot depth of storefront leasable area,and the public storage use does not occupy more than 50 percent of the ground floor of the building. 17.32-11 4/09 EXHIBIT C Rancho Cucamonga Development Code Section 17.32.030 RETAIL COMMERCIAL USES Subarea One Subarea Two Subarea Three Subarea Four MU' O 1 MR P SC CC O MR MHR SC CC CO LMR MR U MU C RRC MR LI' O Public and Private Clubs and Lodges, including YMCA,YWCA,and similar C Youth r cord alid Tae P P P P P P P P Recreational Vehiclos Storage C Restaurants sit down a) with ententainment-and/er cocktail C C C C C C C C C C lounge and/or bar b) incidental serving of beer and wine(without a cocktail lounge or P P P P P P P P P P P P L entertainment nF dancing) %.0ted to 20 seats(including eating) P P P P P P P P P P P P d:W' riv - C C C C C C Without drive-thru P P P P P P P P Shoe Stores and Repair Shops P P P P P P P P P Specialty Retail P P P P P P- Sporting Goods Stores: a) Specialty; Backpacking,Tennis, Skiing,Mountaineering, Fishing, P P P P P P P P etc. b) General;encompassing a variety P P P P P of sports equipment Supermarkets P P P P P Swimming Pool Services and Supplies P P P P P Tailor Shops P P P P P P P Toy Stores P P P P P P P Variety Department Stores,Junior C C P C P P P Department Stores Veterinary(domestic): a) Non-boarding P C P C P P P P C b Boarding C C C C C C Watch and Clock Re air Stores P P P P P P P P P Yarda a Goods Stores P P P P P ENTERTAINMENT AND CULTURAL Subarea One Subarea Two Subarea Three Subarea Four USES MU O MR P I SC CC O MR MHR SC CC CO LMR MR I U MU CC RRC MR LI O Arcades 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 Theaters: a) Dinner Theater P P P P C P B) Movie Theater including Multiplex I P P P P 1 Refer to Subarea 4 Section 17.32.080.F.7.b(footnote 2). 2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30. 3 Subject to Master Plan requirements pursuant to 17.32.030.D. 4 Commercial/Office uses may be located in the RRC district only with the concurrent development of one major regionally related anchor business of at least 15,000 square feet per site or project.This provision is intended to facilitate the development of large, regionally related uses. Regionally Related Commercial uses are typified by large scale businesses which serve a market area significantly larger than those businesses which draw customers primarily from the neighborhood or community level. 5 Public Storage may be located in the RRC district only within an enclosed building. No outdoor storage is permitted. The public storage use may occupy a portion of an existing retail building provided the building is at least 50,000 square feet,the public storage use does not occupy the first 100 foot depth of storefront leasable area,and the Public storage use does not occupy more than 50 percent of the ground floor of the building. 4/09 EXHIBIT D 17.32-13