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Home My WebLink About2011/04/27 - Agenda Packet • THE CITY OF RANCHO CUCAMONGA 1411;iitt PLANNING COMMISSION Lt sp_i AGENDA RANCHO CUCAMONGA APRIL 27, 2011 - 7:00 PM i Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California IL CALL TO ORDER Roll Call Chairman Munoz_ Vice Chairman Howdyshell Fletcher_ Wimberly_ Oaxaca • I H. ,. APPROVAL'OF MINUTES I April 13, 2011 Regular Meeting Minutes •III. PUBLIC HEARINGS, . I The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. DEVELOPMENT CODE AMENDMENT DRC2009-00414 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Development Code, amending Sections 17.02 (Administration), and 17.08 (Residential Districts), to add a definition and standards for Community Gardens. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061(b)(3). This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. B. DEVELOPMENT CODE AMENDMENT DRC2010-00946 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Development Code, amending Sections 17.02 (Administration), 17.04 (Permits), 17.10 (Commercial/Office Districts), and 17.32 (Foothill Boulevard Districts) to • 1 of 4 s- PLANNING COMMISSION AGENDA L%•J APRIL 27, 2011 RANCHO CUCAMONGA add a definition for farmers markets, to amend the Commercial/Office District and Foothill Boulevard Districts Use Regulations tables, and define the permitting requirements for Farmers' Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Sections 15304(e) and 15061(b)(3). This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Related Files: Victoria Gardens Master Plan Amendment DRC2011-00291 and Terra Vista Community Plan Amendment DRC2011-00292. C. VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2011-00291 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Victoria Gardens Master Plan, amending Section 4.3 regarding the requirements for Farmers Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Sections 15304(e) and 15061(b)(3). This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Related Files: DRC2010-00946 • and DRC2011-00292. D. TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2011-00292 - CITY OF RANCHO CUCAMONGA-A proposed amendment to the Terra Vista Community Plan, amending Chapter V (Community Development Standards) regarding the requirements for Farmers Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Sections 15304(e) and 15061(b)(3). This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Related Files: DRC2010-00946 and DRC2011-00291. E. DEVELOPMENT CODE AMENDMENT DRC2010-00724 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. This item will be forwarded to the City Council for final action. CONTINUED FROM THE MARCH 23, 2011 MEETING. • 2 of 4 A • .., • ker, PLANNING COMMISSION AGENDA S APRIL 27, 2011 RANCHO 'CUCAMONGA IV. PUBLIC-COMMENTS :I This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. V. . ,COMMISSION BUSINESS/COMMENTS I ' VI. ADJOURNMENT ' The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. • I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on April 21, 2011, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. de/-1/044-tt..."------ gIf you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. • 3 of 4 Sit PLANNING COMMISSION AGENDA 14.40_1 APRIL 27, 2011 RANCHO CUCAMONGA The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the • offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m.to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,164 for maps and $2,273 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http:/lwww.ci.rancho-cucamonga.ca.us • 4of4 Vicinity Map • Planning Commission Meeting April 27 , 2011 1 i «....--..— —.—..••—.. I I- E L d .c d ` € > 2 U Q = = c Y I d Y y ti - 15 U (1 s 1 t 19® MI t ,e I 1 gib A c �� i Base Line jr". ;'se Line ri Church 1 '�0 Church oothill r Mama r.,' 12 e ;-t Foothill a Arrow ,, m c i Arrow • E Jersey c ;` 3 i A. 8th E' w w. °> \2 -, r .. -. > i 0 t7 6th r ." o c as 1 6th N L € > Y 1 4th\ Q 2 S g II,, 4 4tf1 49 • Items A - E are Citywide * Meeting Location:City Hall 10500 Civic Center Drive • STAFF REPORT 4 • PLANNING DEPARTMENT RANCHO Date: April 27, 2011 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Barbara Tuncay, Assistant Planner Subject: DEVELOPMENT CODE AMENDMENT DRC2009-00414 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Development Code, amending Sections 17.02 (Administration), and 17.08 (Residential Districts), to add a definition and standards for Community Gardens. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061(b)(3). This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. BACKGROUND: On June 3, 2009, the City Council initiated a Development Code amendment for Community Gardens. During the meeting, City Council directed staff to study appropriate locations, draft a definition, and create development standards for the use. Staff evaluated the Development Code relative to Community Gardens and analyzed how other cities regulate these uses to determine what changes should be considered. Additionally, as a result of a Robert Wood Johnson Foundation grant to encourage healthy lifestyles, staff has been participating on the Healthy RC Kids Community • Garden Subcommittee (consisting of City staff, community organizations and local residents). The Subcommittee conducted extensive community outreach (community forum, focus groups, key informant interviews, site visits, and feasibility studies) to assist in identifying specific characteristics, locations, and approaches to the implementation of Community Gardens. ANALYSIS: Currently, Community Gardens are only permitted within the Open Space Districts (Open Space, Flood Control, and Utility Corridor). Community Garden sites may be used by multiple community residents for the growing of plants and vegetables and may also include the on-site sales of products grown on the site. There is currently no definition for Community Gardens or development standards in the Development Code. Therefore, staff analyzed the Development Code and previous survey of five municipalities to determine the appropriate code amendments to regulate Community Gardens. Based on staffs review, it was determined that the most accepted method of regulating this use is to require a Conditional Use Permit (CUP) and allow the use within Residential Districts. The CUP process enables the City the ability to review each request on a case by case basis, to regulate the use, and create project specific conditions to ensure limiting the potential impacts to adjacent uses. Additionally, if a Community Garden is proposed within a Home Owners Association (HOA) area, the City can require the HOA to modify its CC&R's to permit this use. Development Code Currently, Community Gardens are only addressed within Chapter 17.16 (Open Space) of the Rancho Cucamonga Development Code as a permitted use within the Open Space (OS) District, the Flood Control (FC) District, and in the Utility Corridor (UC) District. • Proposed changes to the Development Code • The following are proposed changes to Development Code Chapters 17.02 and 17.08: Item A PLANNING COMMISSION STAFF REPORT DRC2009-00414 - CITY OF RANCHO CUCAMONGA April 27, 2011 Page 2 • 1. To amend Section 17.02.140.0 - (Definitions) of the Rancho Cucamonga Development Code to add a definition for Community Gardens. (Attachment A of the draft Development Code Amendment Ordinance). a. Community Gardens: A privately or publicly owned vacant parcel of land used by the community or a neighborhood for the growing of fruits, vegetables, and culinary herbs for personal consumption and/or to be offered for sale on-site or at a local Certified Farmers' Market. 2. To amend Table 17.080.030-Use Regulations for Residential Districts. of Section 17.08- Residential Districts of the Rancho Cucamonga Development Code to add Community Gardens in the Use Table and to permit the use within all Residential Districts with a CUP. (Attachment B of the draft Development Code Amendment Ordinance). The amendments to the Development Code will create the definition for Community Gardens and regulate the use through a Conditional Use Permit (CUP) process. This will help encourage these uses throughout the City and allow staff the ability to review Community Garden applications on a case-by-case basis consistent with the definition and CUP requirements as outlined in the Development Code. Staff is requesting that the City Council waive the application fee for the CUP to further facilitate the establishment of Community Gardens. Community Gardens are permitted within Open Space Districts that are appropriate for multiple or large Community Garden opportunities. Therefore, it was determined that because of the potential for • large Community Garden in these locations adding this use to Commercial and Industrial Districts would not prove beneficial to the community and could create negative impacts. ENVIRONMENTAL ASSESSMENT: 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 Community Gardens will not have any significant impact on the environment. CORRESPONDENCE: Since this item is a proposed text amendment with no specific project at this time, this item was advertised as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution of Approval DRC2009-00414 recommending that the City Council approve Development Code Amendment DRC2009-00414 — Community Gardens - Sections 17.02 (Administration) and 17.08.070.C.12 (Residential Districts). If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Respectfully submitted, Jame . Troyer, AICP • Planning Director A-2 PLANNING COMMISSION STAFF REPORT DRC2009-00414 - CITY OF RANCHO CUCAMONGA • April 2011 Page 3 3 J RT:BT/Is Attachments: Exhibit A- June 3, 2009 City Council Staff Report Draft Resolution of Approval for Development Code Amendment DRC2009-00414 Draft Ordinance of Approval for Municipal.Code Amendment DRC2009-00414 • • • A-3 • • STAFF REPORT • PLANNING DEPARTMENT RANCHO Date: June 3, 2009 CUCAMONGA • To: Mayor and Members of the City Council Jack Lam, AICP, City Manager • From: James R. Troyer, AICP, Planning Director By: Adam Collier, Planning Technician Subject: REQUEST TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2009-00414 - CITY OF RANCHO CUCAMONGA: A request to amend the text for Development Code Sections 17.02 (Administration), 17.08 (Residential Districts), 17.10(Commercial/Office Districts), 17.12 (Parking Regulations), and 17.30 (Industrial Districts) to add a definition and standards for Community Gardens. Staff has determined that the project is exempt • from the requirements of the California Environmental Quality Act (CEQA) Section 15061(b)(3). • . RECOMMENDATION: Staff recommends that the City Council approve the request to initiate a Development Code Amendment to amend the text of Development .Code Sections 17.02 (Administration), 17.08 • (Residential Districts), 17.10 (Commercial/Office Districts), 17.12 (Parking Regulations), and 17.30 (Industrial Districts) to include a definition and provide standards for Community Gardens). BACKGROUND: Due to growing public interest and the creation of multiple community gardens in cities throughout California, staff is requesting to initiate a Development Code Amendment to amend the text of • Development Code Sections 17.02 (Administration),17.08 (Residential Districts), 17.10 (Commercial/Office Districts), 17.12 (Parking Regulations), and 17.30 (Industrial Districts) to include a definition and to provide standards for Community Gardens. The allowance of Community • Gardens in residential and commercial zones, pursuant to standards and regulations for their use, will further the goals of the General Plan update and Healthy RC program by providing local residents the opportunity to grow and purchase more healthy foods and vegetables within their own community. Currently, the City of Rancho Cucamonga Development Code only permits Community Gardens in • Open Space Districts, with on-site sales of products grown on the site also allowed. No provision is currently provided in the Residential or Commercial/Office Districts to permit the operation of a Community Garden. Second, the Development Code does not provide any standards (e.g. setbacks, parking, etc.) for how a Community Garden should be operated in order to limit potential nuisance impacts to surrounding uses. ANALYSIS: A "Community Garden" can be defined as a site used for growing plants for food, fiber, herbs and/or flowers, which is shared and maintained by community residents. The methods for permitting this • EXHIBIT A A-4 • CITY COUNCIL STAFF REPORT PAGE 2 DRC2009-00414—CITY OF RANCHO CUCAMONGA • June 3, 2009 use, as well as ensuring long term maintenance of a community garden vary by municipality. See Table 1 for an analysis of various municipalities and their formal methods of permitting/maintaining Community Gardens: Table 1 City Permitted Zones Maintenance City of Sunnyvale Conditional Use Permit in any Maintenance Agreement with Residential District Non-Profit Organization City of Turlock Conditional Use Permit in any Conditions of Approval Residential District Require HOA Maintenance via modifying the CC&R's City of Citrus Heights Permitted outright in any Municipal Code Property Residential District Maintenance Standards City of Napa Conditional Use Permit most Conditions of Approval • districts (all Residential Districts) City of Ojai Permitted on City-owned City Public Works crew does Property maintenance as necessary • The most popular method is to allow Community Gardens on public property and facilitate operation through a Recreation Department. Maintenance could be ensured through a contract agreement with a non-profit or other organization, or use City Public Works crews to maintain as • required. The Recreation Department would be responsible for establishing rules for operation, as well as ensuring maintenance of the garden occurs via a contract agreement or City maintenance crews. A second approach would be to permit Community Gardens in residential, open space, and other zoning districts on private property as permitted or conditionally permitted uses. A Community Garden could be defined as a permitted use by providing general development and performance standards, or simply referring to property maintenance standards. By requiring a Conditional Use Permit (CUP), the City may add more specific and stringent Conditions of Approval to ensure better operational standards and limit potential nuisance impacts to adjacent uses. A CUP also allows the City to review each application on a case by case basis and notify adjacent property owners of the proposed application. Finally, if the proposed Community Garden is within an HOA, the City could require that the HOA modify its CC&R's to identify and maintain the Community Garden upon approval of a Conditional Use Permit. • See Table 2 below for a summary of the various regulatory mechanisms that.a city can use in permitting and ensuring long-term maintenance of a Community Garden: • • • A-5 CITY COUNCIL STAFF REPORT PAGE • DRC2009-00414—CITY OF RANCHO CUCAMONGA June 3, 2009 Table 2 Property Ownership Land Use Permit Required Maintenance Options Public Conditional Use Permit 1) City maintained or 2) Contract with non-profit or other Permitted Use organization 3) Conditions of Approval on CUP Private Conditional Use Permit 1) Conditions of Approval on CUP or 2) Municipal Code Property Permitted Use Maintenance Standards 3) HOA maintenance via modifying the CC&R's Respectfully submitted, ` �� W vy"' n v Jam R. Troyer, AICP UU Planning Director • JRT/AC/Is • • A-6 • RESOLUTION NO.11-21 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2009-00414,TO AMEND SECTIONS 17.02(ADMINISTRATION) AND 17.08 (RESIDENTIAL), TO REGULATE COMMUNITY GARDENS; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. • 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2009-00414, 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 June 3, 2009, the City Council approved a request to initiate a Development Code Amendment. 3. On April 27, 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. 4. 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 April 27, 2011, 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; and 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 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 A-7 PLANNING COMMISSION RESOLUTION NO. 11-21 DRC2009-00414 - CITY OF RANCHO CUCAMONGA April 27, 2011 Page 2 • impact. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Community Gardens 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 DRC2009-00414 through the adoption of the attached Draft City Council Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. 6. APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: James R. Troyer, AICP, Secretary • 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 27th day of April 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • A-8 ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2009-00414, A REQUEST TO AMEND SECTIONS 17.02 (ADMINISTRATION) AND SECTIONS 17.08 (RESIDENTIAL DISTRICTS), TO REGULATE COMMUNITY GARDENS; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2009-00414, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the Amendment." 2. June 3, 2009, the City Council approved a request to initiate a Development Code Amendment. 3. On April 27, 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. 11-21, recommending that the City Council of the City of Rancho Cucamonga adopt said Amendment. 4. On , 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Amendment. • 5. 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 the property located within the City; and b. The proposed Amendment will not have a significant impact on the environment; and 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 df 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 A-9 • CITY COUNCIL ORDINANCE NO. DRC2009-00414 , 2011 Page 2 • • 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 Community Gardens 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: Section 17.02.140.C. (Definitions) of the Rancho Cucamonga Development Code is hereby amended to read, in words and figures, as shown Attachment A. SECTION 4: Section 17.08.070.C.12. (Residential) of the Rancho Cucamonga Development Code (Table 17.08.030 - Use Regulations for Residential Districts) is hereby added to read, in words and figures, as shown in Attachment B. • 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. • • A-10 CITY COUNCIL ORDINANCE NO. DRC2009-00414 • 2011 Page 3 ATTACHMENT A Development Code Section 17.02.140.0 (Definitions) is hereby amended to add the following: Community Gardens: A privately or publicly owned vacant parcel of land used by the community or a neighborhood for the growing of fruits, vegetables and culinary herbs for personal consumption and/or to be offered for sale on site or at a local Certified Farmers' Market. • • All Rancho Cucamonga Development Code Section 17.02.140 CLUSTER DEVELOPMENT: A form of development for single-family and multiple • family residential subdivisions that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space. / 11e2y2 �7'l F - n. j z [n ° • � tc! iJ __ —'1 1 & J Q: �-- -- ..__.._. . . COMMISSION: The Planning Commission of the City of Rancho Cucamonga. COMM UNITY GARDENS: A privately or publicaly owned vacant parcel of land • used by the community or a neighborhood for the growing of fruits, vegetables and culinary herbs for personal consumption and/or to be offered for sale on site or at a local Certified Farmers' Market. - CONCEPTUAL DEVELOPMENT PLAN: This is a site plan, which indicates conceptual • ideas for such things as, but not limited to, building placement, circulation/access, drainage/grading, buffers, phased improvements, and landscaping. CONDOMINIUMS: Means condominiums as defined in Section 1350 of the Civil Code: An estate of real property consisting of an undivided interest in common areas, together with a separate right of ownership in space. CONVALESCENT FACILITY: A use providing bed care and in-patient services for persons requiring regular medical attention and persons aged or infirm unable to care for themselves, excluding surgical or emergency medical services. CONVENIENCE COMMERCIAL CENTER: A retail/service commercial center to provide goods and merchandise to the immediate surrounding land uses. These centers are approximately 2-3 acres in size with the intention of serving a specific local need. CONVERSION: The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial, or commercial buildings thereon. CORPORATION YARD: See"Equipment Yard." COTTAGE, ELDER: A second dwelling unit constructed separate, or attached to, a primary residence if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are 60 years of age or over and a maximum floor area of 640 square feet. COUNCIL: The City Council of Rancho Cucamonga. COUNTY: The County of San Bernardino. • • ATTACHMENT A 17.02-19 4/11 A-12 • ' Rancho Cucamonga Development Code 17.08.030 Table 17.08.030- Use Regulations for Residential Districts • USE VL L LM NI MH H A. Residential Uses 1. Single-Family Detached P p P P* - - 2. Single-Family Attached (du-, tri-and P P P P four-plex) 3. Multiple Family Dwellings - - P* p p P 4. Mobile Home Parks • C C C C C C B. Other Uses 1. Animal Care Facility C - - - - - 2. Cemetery C C C C C C 3. Church C C C C C • C 4. •, ••d• - -rnity : - •rit - •'' C C 0 5. College or Universi y C C C C C C 6. Community Gardens C C C C C C • 7. onvalesc nt Center - C C C C 8. Public F it- • _ 6" 9. Day Care Facility Accessory -6 or less P P P P P P Non-Accessory -7 or more C C C C C C 10. Fire & Police Station C C C C C C 11. Hospital - - C C C C 12. Outdoor Recreation Facility C C C C C C (non-commercial) 13. Public Park and Playground P P P P P P 14. Residential Care Facility Accessory -6 or less P P P P P P Non-Accessory - 7 or more - - C C C C 15. Schools, Private & Parochial C C C C C C 16. Stable, Commercial C - - - - - 17. Stable, Private P - - - - • ATTACHMENT B 17.08-3 2/08 A-13 STAFF REPORT ,,r • PLANNING DEPARTMENT Date: April 27, 2011 RANCHO CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Candyce Burnett, Senior Planner Subject: DEVELOPMENT CODE AMENDMENT DRC2010-00946 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Development Code, amending Sections 17.02 (Administration), 17.04 (Permits), 17.10 (Commercial/Office Districts), and 17.32 (Foothill Boulevard Districts) to add a definition for farmers markets, to amend the Commercial/Office District and Foothill Boulevard Districts Use Regulations tables, and define the permitting requirements for Farmers' Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) .Sections 15304(e) and 15061(b)(3). This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Related Files: DRC2011-00291 and DRC2011-00292. VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2011-00291 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Victoria Gardens Master Plan, amending Section 4.3 regarding the requirements for Farmers' Markets. Staff has determined that the project is exempt from the requirements of the California • Environmental Quality Act (CEQA) Sections 15304(e) and 15061(b)(3). This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Related Files: DRC2010-00946 and DRC2011-00292. TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2011-00292- CITY OF RANCHO CUCAMONGA- A proposed amendment to the Terra Vista Community Plan, amending Chapter V (Community Development Standards) regarding the requirements for Farmers' Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Sections 15304(e) and 15061(b)(3). This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Related Files: DRC2010-00946 and DRC2011-00291. BACKGROUND: On December 1, 2010, the City Council initiated a Development Code amendment and directed staff to investigate appropriate locations and standards for Farmers' Markets. Staff spent several months evaluating the Development Code and Community Plan/Specific Plans relative to Farmers' Markets and examined how other cities regulate these uses to determine what changes should be considered. Staff has been analyzing appropriate zones, mapping the information, and identifying code changes to create additional opportunities for Farmers' Markets. Additionally, as a result of a Robert Wood Johnson .Foundation grant to encourage healthy lifestyles, staff has been participating on the Healthy RC Kids Farmer's Market Subcommittee (consisting of City staff, community organizations and local residents). The Subcommittee conducted extensive community outreach (community forum:focus groups, key informant interviews, site visits, and feasibility studies) • to assist in identifying specific characteristics, locations, and .approaches to the implementation of Farmers' Markets. Items B, C, D • r DEVELOPMENT CODE AMENDMENT DRC2010-00946, VGMPA DRC2011-00291, TVCPA DRC2011-00292-CITY OF RANCHO CUCAMONGA April 27, 2011 • Page 2 State Regulations on Farmers' Markets Currently, the State California Food and Agricultural Code regulates the production and sale of food items. Regulations were created in 1977 that exempted farmers from the requirements of commercial packaging and transport of fresh fruits, nuts and vegetables when selling their produce at a "Certified Farmers' Market." This gave farmers a flexible alternative without the added expense of providing consumers with fresh produce. ANALYSIS: Currently Farmers' Markets are permitted within three Subareas of the Foothill Boulevard District; within the Victoria Gardens Master Plan area; and within the Terra Vista Community Plan area. There is no definition of Farmers' Markets or development standards in the Development Code or Master Plan/Community Plan. Staff analyzed all documents as well as the Development Code to develop the proposed changes to regulate Farmers' Markets. Development Code - Currently Farmers' Markets are only addressed within Chapter 17.32 (Foothill Boulevard Districts) Section 17.32.030 (Use Regulations for Foothill Boulevard Districts) of the Rancho Cucamonga Development Code as a permitted use in Subarea One within the Mixed Use (MU) District, Subarea Two within the Specialty Commercial (SC) District, and Subarea Four in the Community Commercial and Regionally Related Commercial (RRC) Districts. There are no development standards or definitions to regulate this use. Proposed changes to the Development Code Staff proposes the following changes: • To amend Section 17.02.140.C.-Definitions of the Rancho Cucamonga Development Code to • • add a definition for "Certified Farmers' Markets." o Certified Farmers' Market: A temporary use where the primary activity is the outdoor sales of food and farm produce such as fruits, vegetables, nuts, herbs, eggs, honey, flowers, and food products from livestock, and that is certified by the State of California and operated in accordance with Article 1, Division 17, Chapter 10.5 of Agricultural • Code. • To add Section 17.04.070.C.12.-Certified Farmers' Markets under Section 17.04.070 (Temporary Uses) of the Rancho Cucamonga Development Code. Certified Farmers' Markets will be permitted with a Temporary Use Permit (TUP) and subject to the development standards as listed in Attachment B of the draft Development Code Amendment Ordinance. • To amend Table 17.10.030-Use Regulations for Commercial/Office Districts of Section 17.10- Commercial/Office Districts of the Rancho Cucamonga Development Code to add Certified Farmers' Markets in the Use Table and to permit the use within Neighborhood Commercial (NC) and General Commercial (GC) Districts with a TUP. (Attachment C of the draft Development Code Amendment Ordinance) • To amend Table 17.32.030-Use Regulations for Foothill Boulevard Districts of Section 17.32.- Foothill Boulevard Districts of the Rancho Cucamonga Development Code to delete the term "Farmers' Market" and amended it to read "Certified Farmers' Market" and to allow Farmers' Markets in Subarea Two and Subarea Three in the Community Commercial (CC) District. (Attachment D of the draft Development Code Amendment Ordinance) The amendments to the Development Code will create the definition for Certified Farmers' Markets, • regulate the use through the Temporary Use Permit process, and add additional Land Use designations that Farmers' Markets will be permitted. Exhibit A attached to this staff report indicates g�,b • DEVELOPMENT CODE AMENDMENT DRC2010-00946, VGMPA DRC2011-00291, TVCPA DRC2011-00292-CITY OF RANCHO CUCAMONGA April 27, 2011 • • Page 3 the locations that Farmers' Markets are currently permitted and identifies new locations where they will be permitted along the 210 Freeway, within the Southwest Cucamonga area, and along Foothill Boulevard. Victoria Gardens - On May 20, 2009 the City Council approved the amendment to the Victoria Gardens Master Plan to replace Section 4.3 - Permitted Land Uses, with new text and create a Use Table. Per the Use Table, Farmers' Markets are permitted in the Main Street Area and Conditionally permitted (CUP) within the Route 66 and Eastern Area of the Victoria Gardens Master Plan. Proposed changes to the Victoria Gardens Master Plan Staff proposes the following changes: • To amend Section 4.3 Permitted Land Uses of the Victoria Gardens Master Plan fo add Development Code Section 17.04.070.0.12 (Certified Farmers' Markets) to the second bullet point under uses permitted with the approval of the Planning Director (PD). o Where indicated with the letters "PD", the use shall be permitted with the approval of the Planning Director pursuant to the procedures and requirements of Sections 17.02.050, 17.04.070.C.12, 17.06.010(C)(2), and 17.06.020 of the Development Code. Any decision by the Planning Director to approve or deny such a use may be appealed in accordance with Section 17.02.080 of the Development Code • To amend the Use Table (D. Temporary Uses) to delete the term "Farmers' Marker and amend it to read "Certified Farmers' Market." • • To amend the Use Table for Route 66 and Eastern Area to delete the Conditional Use Permit (CUP) requirement and amend it to add Planning Director (PD) approval. (Attachment A of the draft Victoria Gardens Master Plan Amendment Ordinance) The amendments to the Victoria Gardens Master Plan will continue to permit Farmers' Markets within the previously approved locations but will reduce the requirement of the Conditional Use Permit in the Route 66 and Eastern Area to a Planning Director approval with a Temporary Use Permit. This will help streamline the process to be consistent with the definition and development standards as outlined in the Development Code. Terra Vista Community Plan - The Terra Vista Community Plan was adopted by the City Council on • February 16, 1983 and has been amended numerous times to keep up with changing land uses and development patterns. Although the master plan area is substantially built out, there are opportunities within the Community Commercial District along Foothill Boulevard for Farmers' Markets. Similar uses (country markets, swap meets, etc.) are permitted within the Community Plan area. Proposed changes to the Terra Vista Community Plan • Staff proposes the following changes: • To amend Chapter V (Community Development Standards) of the Terra Vista Community Plan to delete the term 'country market' and add the last sentence to bullet point #6 of the General Development Standards on page V-2 to read (amended text indicated in Bold and strikeout): o Because full development of the Planned Community will take many years, interim and • temporary uses other than agriculture shall be permitted, subject to approval of a Conditional Use Permit, provided that such uses and their locations will not be detrimental to any part of the Planned Community. Such interim uses may include country-markets, • BIC) D-3 DEVELOPMENT CODE AMENDMENT DRC2010-00946, • VGMPA DRC2011-00291, TVCPA DRC2011-00292-CITY OF RANCHO CUCAMONGA April 2011 • Page 4 e 4 swap meets, outdoor commercial recreation, mini-storage, parking areas, park-and-ride lots, and other uses similar in character to those listed. Certified Farmers' Markets shall be permitted within Community Commercial (CC) Land Use with a Temporary Use • Permit as pursuant to Section 17.04.070.12. The amendment to the Terra Vista Community Plan will specifically address Farmers' Markets as a permitted use only within the Community Commercial Land Use designation with a Temporary Use Permit. This will help encourage these uses with the Community Plan area and keep the process consistent with the definition and development standards as outlined in.the Development Code. ENVIRONMENTAL ASSESSMENT: 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 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. CORRESPONDENCE: Since this item is a proposed text amendment with no specific project at this time, this item was advertised as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: • Staff recommends the Planning Commission adopt the attached Resolutions recommending that the City Council approve Development Code Amendment DRC2010-00946, Victoria Gardens Master Plan Amendment DRC2011-00291, and Terra Vista Community Plan Amendment DRC2011-00292. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Resp tfully submintted, centted Jam R. Troyer, AICP Plan ing Director JT/CB/Is Attachments: Exhibit A- Map of Farmers Markets locations Exhibit B- December 1, 2010 City Council Staff report Draft Resolution of Approval for Development Code Amendment DRC2010-00946 Draft Resolution of Approval for Victoria Gardens Master Plan Amendment DRC2011-00291 Draft Resolution of Approval for Terra Vista Community Plan Amendment DRC2011- 00292 Draft Ordinance of Approval for Development Code Amendment DRC2010-00946 Draft Ordinance of Approval for Victoria Gardens Master Plan Amendment • DRC2011-00291 Draft Ordinance of Approval for Terra Vista Community Plan Amendment DRC2011- 00292 X 0 • . :. I CO - n co a X ✓ a o _.._ i _ _. _ rn Grove Av r.�. Nr. •.r .......••••---b.. 5 ••�.•� 1..■••_••_ CD U1 1 .a 1 j ..� 1• j j I; • I • Lu! •r i AI j Dr Vineyard Av; j J 41 :NT p I 1 j cn N Hellman Av�,_�...4". j Hellman F 1 1 T j7 �• 1 1 1 Archibald Avj . • j Archibald■ T lip j rm ti j K j 1 1 1 1 1 W Hermosa Avj •• i.,...1] j Hermosa rn 1 ^emu, _ j 1 J 1 .w Haven Avj y Haven Av V, j >. IL 1 �s. j 1 1 . j 1 1 ? 1 CD :\ i co Milliken Avj 1.._.._.._••_••• •. ••_••_.J Milliken A i j m H 1 �! j• N Rochester A4 !!I" I ;Rochester Av O 1-15 i L j i z 1 1 Z 1 11111 K �„—„—••i '„ Etiwanda A` Etiwanda AvL••—••—•• 1 A j T i t •• .., .•_�yq {pu_••_u_••_•._;al 15: N '� cr,0 X p Z n O• -p R Q ——ix 5 �• I r `•. CD 1 Cv N = I"0 I = CD I3 a ,.`'. I r i C7 3 Cl)a N I 2 CD ••�' . • 0) _.._.._.._.._.._.._.a -a ,-1- ,-4- ''< c 0. ...11k i* 3 — \m.CD = n 0 '��• D CD 0 CA N • N Z Y.;› STAFF REPORT gi -7 • PLANNING DEPARTMENT I Date: December 1, 2010 RANCHO To: Mayor and Members of the City Council CUCAMONGA Jack Lam, AICP, City Manager From: James R. Troyer, AICP Planning Director By: Candyce Burnett, Senior Planner Subject: REQUEST TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2010-00946 - CITY OF RANCHO CUCAMONGA - A request to initiate a Development Code Amendment to review the land uses for farmers markets and related uses and to add a definition and standards for farmers markets. RECOMMENDATION: Staff recommends that the City Council, through minute action, agree to initiate Development Code Amendment DRC2010-00946, BACKGROUND: Because of the growing interest in Farmers Markets in the City, Staff is requesting to initiate a Development Code Amendment to investigate appropriate land-use • designations for Farmers Markets and create appropriate standards to regulate these uses. Currently, Farmers Markets are permitted in the Foothill Boulevard Districts as well as the • Victoria Garden's Master Plan area. The allowance of Farmers Markets will further the goals and policies of the General Plan and Healthy RC program by providing local residents access to locally grown healthy foods and vegetables within our community. • A "Farmer's Market" can be defined as a location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may also occur at the location. STATE REGULATION AND PERMITS The 2009 California Food and Agricultural Code regulates the production and sale of food. Up until 1977 farmers were required to properly package, size, and label their fresh fruits, nuts, and vegetables in standard containers to transport and sell in markets anywhere other than the farm site. Regulations were created in 1977 that exempted farmers from this requirement and allowed them to sell their produce at a Certified Farmers Market. The Certified Farmers Market provides a flexible marketing alternative for farmers without the added expense of commercial preparation while providing consumers with fresh produce and without disrupting other produce marketing systems. Specifically Division 17 (Fruit, Nut, and Vegetable Standards), Chapter 10.5 (Direct Marketing) regulates Certified Farmers Markets. They define Certified Farmers Markets as; • • EXHIBIT B B,c, b-6• • CITY COUNCIL STAFF REPORT DRC2010-00946—CITY OF RANCHO CUCAMONGA December 1, 2010 Page 2 • 47004.b. Certified farmers' markets are locations established in accordance with local ordinances, where California farmers may transport and sell to the public California agricultural products that they produced, that are exempt from the established grade, size, labeling, packaging and other such requirements for fruits, nuts, and vegetables, and operated in accordance with this chapter and regulations adopted pursuant to this chapter. Farmers markets aren't required to be certified, but if not, the farmers are subject to all applicable Food and Agricultural Codes regarding grade, size, labeling, packaging and other such requirements for fruits, nuts, and vegetables. Additionally, other Non-certifiable Agricultural products, such as livestock/bi-products, bread, etc., can be sold at Certified Farmers markets. CONCLUSION: Currently, Farmers Markets are only permitted within the Foothill Boulevard District as well as the Victoria Garden's Master Plan area. Staff would like to further investigate Farmers Markets to determine if there are additional locations that may be appropriate for this use. Staff approved the first Certified Farmers Market, Heritage Harvest Certified Farmers Market, on September 11, 2010 located at the Four Points Sheraton at 11960 Foothill Boulevard and operates every Thursday from 2-7 p.m. Staff recommends that the City Council review the request to initiate the Development Code Amendment and provide additional input as necessary. Initiating the proposed text amendment will permit staff to continue its analysis of Farmers Markets. Should City Council direct Planning Staff to initiate the Development Code Amendment, Staff • will bring forward a Development Code amendment to the Planning Commission for review and consideration. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Respectfully subm tted, Ja Troyer, AICP Planning Director JRT:CB/Is Attachments: Exhibit A — Map of Current Locations Farmers Markets are permitted within the Foothill Boulevard Districts and Victoria Gardens Master Plan area • B1, b '7 M ->a • • • X " X - w � N m a N a) XI Ill a co 2 i = F ? co t_ N /• Grove Av 1' — — /\ a i I. I l a I\ r -. f' j ') j i i I.--. r' I j • i o I I-_ \ I \. oe I I i Vineyard Av I j a) I A S 5 co I I-� I •Hellman Av I �� • I I i I I i i Archibald AvI ) J j • j I j i- 1 I HermosaAv. I - I t I __ I 1 _ j I Haven Avi I j I I j MillikenAvI 1._ _ _ _ _ I I I — Rochester Av 1-15 I i Rochester Av I 1 I \ N i \ j • I I EtiwandaAv!-- — ----•— 1.--_1 I 5 I I I co I ' East Av I _ _ _ I ` D -n F s co A — m \ co r \ 0 X \ • RESOLUTION NO.11-18 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2010- 00946, TO AMEND SECTIONS 17.02 (ADMINISTRATION), 17.04 (PERMITS), 17.10(COMMERCIAL/OFFICE DISTRICTS),AND 17.32 (FOOTHILL BOULEVARD DISTRICTS)TO REGULATE CERTIFIED FARMERS' MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2010-00946, 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 December 1, 2010, the City Council approved a request to initiate a Development Code Amendment. 3. On April 27, 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. 4. 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 April 27, 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; and 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 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 61ei -9 PLANNING COMMISSION RESOLUTION NO. 11-18 DRC2010-00946 - CITY OF RANCHO CUCAMONGA April 27, 2011 Page 2 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 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification • of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. 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. DRC2010-00946 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 27TH DAY OF APRIL 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman • ATTEST: James R. Troyer, AICP, Secretary 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 27th day of April 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • ,C, 0 -10 ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00946, A REQUEST TO AMEND SECTIONS 17.02 (ADMINISTRATION), 17.04 (PERMITS), 17.10 (COMMERCIAL/OFFICE DISTRICTS), AND 17.32 (FOOTHILL BOULEVARD DISTRICTS) TO REGULATE CERTIFIED FARMERS' MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2010-00946, 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 December 1, 2010, the City Council approved a request to initiate a Municipal Code Amendment. 3. On April 27, 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. , recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 4. On , 2011, the City Council of the City of Rancho Cucamonga conducted a • duly noticed public hearing on the amendment. 5. 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; and 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 CITY COUNCIL ORDINANCE NO. DRC2010-00946 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 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 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of exemption. SECTION 3: Section 17.02.140.C. (Definitions) of the Rancho Cucamonga Development Code is hereby amended to read, in words and figures, as shown Attachment A. SECTION 4: Section 17.04.070.C.12. (Certified Farmers' Markets) of the Rancho Cucamonga Development Code is hereby added to read, in words and figures, as shown in Attachment B. SECTION 5: Table 17.10.030 (Use Regulations for Commercial/Office Districts) of • Section 17.10 (Commercial/Office Districts) of the Rancho Cucamonga Development Code is hereby amended to read, in words and figures, as shown in Attachment C. SECTION 6: Table 17.32.030 (Use Regulations for Foothill Boulevard Districts) of Section 17.32 (Foothill Boulevard Districts) of the Rancho Cucamonga Development Code is hereby amended to read, in words and figures, as shown in Attachment 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. • �c, p-I a� CITY COUNCIL ORDINANCE NO. DRC2010-00946 • 2011 Page 3 ATTACHMENT A Development Code Section 17.02.140.0 (Definitions) is hereby amended to add the following: Certified Farmers' Market: A temporary use where the primary activity is the outdoor sales of food and farm produce such as fruits, vegetables, nuts, herbs, eggs, honey, flowers, and food products from livestock, and that is certified by the State of California and operated in accordance with Article 1, Division 17, Chapter 10.5 of Agricultural Code. • • 6,e0-13 CITY COUNCIL ORDINANCE NO. DRC2010-00946 2011 • Page 4 • Attachment B Development Code Section 17.04.070-Temporary Uses is hereby amended to add the following: 17.04.070.C.12. Certified Farmers' Markets Permitted subject to a Temporary Use Permit and the following minimum standards and conditions. a. Such use shall be limited to not more than 110 days in a calendar year. To exceed this time limitation shall require the review and approval of a Minor Development Review as prescribed in Section 17.06.020. b. All activities shall have a minimum set back of 100 feet from any residential area. This may be waived by the Planning Director if in his opinion no advised impacts would result. c. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Planning Director. d. 75% of the total farmer's market sales area must be for the sale of farm products such • as fruits, vegetables, nuts, herbs, eggs, honey, livestock food products (meat, milk, cheese, etc.) or flowers and value added farm products such as baked goods, jams and jellies. The sale of ancillary products may occur but may not exceed 25% of the total . sales area. e. Farmers' markets shall be certified and comply with the requirement of Chapter 10.5 Direct Marketing requirements of Division 17 or the California Food and Agriculture Code. f. All Farmers' Markets shall have a Market Manager authorized to direct the operations of all vendors participating in the market on site during hours of operation. g. Farmers' Market Managers shall obtain and have on site all operating and health permits during hours of operation. h. Operating rules, hours of operation, maintenance and security requirements shall be submitted for review to the satisfaction of the Planning Director. Farmers' Markets shall provide for composting, recycling, and waste removal in accordance with all applicable city codes. j. Farmers' Markets may be permitted on property designated Residential (L and VL) if owned by a Government Agency or Nonprofit entity. • • Rancho Cucamonga Development Code Section 17.10.030 • Use OP NC GC• 5. Appliance stores and repair. P P 6. Arcades (see special requirements per Section C C 17.10.030 F.). - • 7. Athletic and Health Club, gyms, and weight P P P reducing clinics. 8. Automotive sales and services (including motorcycles, boats, trailers, and campers). a. Sales. C - C b. Rentals. _ - • C c. Repairs (major engine work, muffler shops, painting, body work, and - _ C upholstery). d. Coin-op washing. C C C e. Automatic washing. C C C f. Service or gasoline dispensing stations • (including minor repair such as tune=ups, C C P brakes, batteries, tires, mufflers). g. Parts.and supplies. . p • h. Tire sales and service (no outdoor storage). - - P 9. Bakeries (retail only). - p P • 10. Barber and beauty shops. P P P 11. Bicycle shops. - p P 12. Blueprint and photocopy services. P P P 13. Book, gift and stationary stores (other than adult P P P related material). 14. Candy stores and confectionaries. p P 15. Catering establishments. - - p 6� ing and pre- ing esta@ i gents. 17. Carpenter shop or cabinet shop. P 18. Certified Farmers' Markets.' p P • > 18. Cocktail lounge (bar, lounge, tavern) including elated entertainment. a. •:- -• independent of a resta _ . ,✓L _ C b. Accessory to a restaurant. C C C 19. Commercial recreation facilities. a. Indoor uses such as bowling, theaters, C C p billiards, etc. • ATTACHMENT C 17.10-3 10/08 Rancho Cucamonga Development Code Section 17.10.030 Use, OF_. NG, GC,.. .. • 72. Transportation facilities (train and bus, taxi depots). C C C 73. Truck and trailer rental, sales and service. - - C 74. Variety stores. - P P C. Public and semi-public uses 1. Day Care Facilities. C C C 2. Convalescent facilities. P _ P 3. Hospitals. C - C 4. Private and public clubs and lodges, including C C C YMCA, YWCA, and similar youth group uses. 5. Educational institutions, parochial, private (including C C C colleges and universities). ,6. Libraries & museums, public or private. P P P 7. Parks and recreation facilities, public or private. C C C 8. • Public utility installations. C C C • • 9. Vocational or business trade schools. C •C C 10. Churches, convents, monasteries, and other C C C • religious institutions. • 11. Emergency Shelters _ C D. Accessory Uses 1. Accessory structures and uses customarily incidental to a permitted use and contained on the P P P same site. 2. Accessory structures and uses customarily incidental to a conditional use and contained on the C C C same site. 3. Caretakers residence. P P P 4. Amusement Devices, per Section 17.10.030-F. P P P E. Temporary Uses 1. Temporary uses as prescribed in Section 17.04.070 P P P and subject to those provisions. C C C 2. Temporary office modules, subject to provisions in Section 17.10.030-F.3. P=PealedU - 'ondition.• Use Perm Required 1 =Subject to a Temporary Use Permit as pursuant to Section 17.04.070.12 and defined in Secti .` 17.02.140 • 17.10-6 10/08 • 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 MU3 0 MR P SC CC 0 MR MHR SC CC CO LMR MR U MU C RRC MR LI' 0 Antique Shops P p - p P p p1 ' 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 Supply Stores p P P P P P P P P° C Auto Service Station C C C C C C C C C Auto Service(including trailers, ' motorcycles, boats,campers): a) Sales(with ancillary repair - • facilities) • P P p p C b) Rentals P P•c) Minor Repair(does not include P P• major engine work,muffler . shops, painting,body work, C C c upholstery,etc.) d) Coin-op Washing - - C C C • e) Automatic Washing - • C C C C f) Parts and Supplies _ P p P P Bakeries(retail only) _ P P p p P P P p p p alsBarber and Beauty Shops P P P P P p P P P p P4 P ed and Breakfast C C C C C C C C Bicycle Shops P P p P P C P P Blueprint and Photocopy Services P P P p P p p P p • Book,Gift and Stationery Stores ///chef t raratbit,r�ted material p p P P P P P P P P P C / Carl`dy and'Confectioneries • p \ Catering Establishments P ' p R\ P p p P P 7- P P P P r Certified Farmers'Markets' P ( P `` China and Glassware Stores P P (� ) p`-P- p p° T /\t n§tmas�r€e umpkin S ots (operating on a temporary basis) P _•�� Churches C C C C C C C C C C C C C C C C Cleaning and Pressing p P p p p P P P P P P Establishments C • Cocktail Lounge(bar, lounge,tavern) including related entertainment C C C C C C C C C C C Commercial Recreational: - a) Indoor uses such as bowling and billiards p P P P P p P P p P b) Outdoor uses such as tennis and - ' basketball C C C C C C C C C Convalescent Facilities& Hospitals _ P P P i P i P p p p i p 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 17.32.030.0. 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 P ' orage may be loc. -: - c-C d' • on -. build No outdoor s. age is pe etl. blic stora occupy a rtion o . existing retail bui g provide• the building is at lea 0,000 square feet,the public storage use does not occupy the fi st 1 100 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. • 6 Subject to a Temporary Use Permit pursuant to Section 17.04.070.12 and defined in Section 17.02.140 • • 17.32-11 4/09 ATTACHMENT D 1340-12 • RESOLUTION NO. 11-19 •. - • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF THE VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2011-00291 , MODIFYING MASTER PLAN SECTION 4.3 TO REGULATE CERTIFIED FARMERS' MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for the Victoria Gardens Master Plan Amendment No. DRC2011-00291, 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 December 1, 2010, the City Council approved a request to initiate the Victoria Gardens Master Plan Amendment. 3. On April 27, 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. . 4. 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 April 27, 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; and 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 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 15304(e) of the State CEQA Guidelines because the text PLANNING COMMISSION RESOLUTION NO. 11 -19 DRC2011-00291 - CITY OF RANCHO CUCAMONGA April 27, 2011 Page 2 amendment is for clarification purposes for Farmers' Markets and will not result in the intensification • of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. 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. DRC2011-00291 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 27TH DAY OF APRIL 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: • James R. Troyer, AICP, Secretary • 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 27th day of April 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • aici 0161 • ORDINANCE NO. • • • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2011-00291 MODIFYING THE MASTER PLAN SECTION 4.3 REGARDING THE REQUIREMENTS FOR CERTIFIED FARMERS MARKETS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga filed an application for Victoria Gardens Master Plan Amendment DRC2011-00291 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Victoria Gardens Master Plan Amendment is referred to as "the application." 2. On December 1, 2010, the City Council approved a request to initiate a Master Plan Amendment. 3. On April 27, 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. _, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. • 4. On , 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 5. 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 (hereinafter, the "subject property") and is comprised of approximately 174 acres of land, generally bounded by Church Street to the north, the 1-15 Freeway to the.east, Foothill Boulevard to the south, Day Creek Boulevard to the west; 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 a,c,a—a.0 CITY COUNCIL ORDINANCE NO. • DRC2011-00291 , 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 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of exemption. • SECTION 3: Section 4.3 of the Victoria Gardens Master Plan is hereby amended to read, in words and figures, as shown in the attached Attachment "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 5: 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. DRC2011-00291 • 2011 Page 3 Attachment A Section 4.3 of the Victoria Gardens Master Plan is hereby amended (bold text) to read as follows: • "4.3 Permitted Land Uses Uses listed in the following table below shall be permitted or prohibited within each of the defined districts (set forth in diagram 4-1 of the Victoria Gardens Master Plan) as indicated in the columns.. Those uses not specifically listed in the table below shall be subject to a comparable use determination according to the provisions of 17.02.040 of the Development Code. If the use is not found comparable, the use shall be prohibited. • Where indicated with the letter"P", the use shall be a permitted use. • Where indicated with the letters "PD", the use shall be a permitted with the approval of the Planning Director pursuant to the procedures and requirements of Sections 17.02.050, 17.04.070.C.12, 17.06.010(C)(2), and 17.06.020 of the Development Code. Any decision by the Planning Director to approve or deny such a use may be appealed in accordance with Section 17.02.080 of the • Development Code • Where indicated with the letter "C", the use shall be a use permitted with approval of a conditional use permit in accordance with 17.04.030 of the Development Code. • Where indicated with an "N", the use shall be prohibited. Use Main Route Eastern Residential Street 66 Area Area Area Area D. Temporary Uses 1. Temporary uses as prescribed in Section 17.04.070 and subject to those r - P P P N 2. T: porary offs•- odules, subject to provisio in Section 17.10.030-F.3 C C C N 3. Certified Farmers' Market P PD PD N • RESOLUTION NO.11-20 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF THE TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2011-00292, MODIFYING THE COMMUNITY PLAN CHAPTER V (COMMUNITY DEVELOPMENT STANDARDS) TO REGULATE CERTIFIED FARMERS' MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for the Terra Vista Community Plan Amendment No. DRC2011-00292, 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 December 1, 2010, the City Council approved a request to initiate the Terra Vista Community Plan Amendment. 3. On April 27, 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. 4. 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 April 27, 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; and. 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 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. Br` , D, -a3 PLANNING COMMISSION RESOLUTION NO. 11-20 • DRC2011-00292 - CITY OF RANCHO CUCAMONGA April 27, 2011 Page 2 • The project qualifies under Section 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. 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. DRC2011-00292 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 27TH DAY OF APRIL 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: • • James R. Troyer, AICP, Secretary 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 27th day of April 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • (3,C • ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2011-00292 MODIFYING THE COMMUNITY PLAN CHAPTER V (COMMUNITY DEVELOPMENT STANDARDS) REGARDING THE REQUIREMENTS FOR CERTIFIED FARMERS MARKETS, GENERALLY BOUNDED BY BASE LINE ROAD TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, ROCHESTER AVENUE TO THE EAST, AND HAVEN AVENUE TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga filed an application for the Terra Vista Community Plan Amendment DRC2011-00292 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Victoria Gardens Master Plan Amendment is referred to as "the application." 2. On December 1, 2010, the City Council approved a request to initiate a Community Plan Amendment. 3. On April 27, 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. , recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 4. ' On , 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 5. 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 (hereinafter, the "subject property") generally bounded by Base Line Road to the north, Rochester Avenue to the east, Foothill Boulevard to the south, Haven Avenue to the west; and b. The proposed amendment will not have a significant impact on the • environment; and be,p a� CITY COUNCIL ORDINANCE NO. DRC2011-00292 2011 • Page 2 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 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 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of exemption. SECTION 3: Chapter V (Community Development Standards) of the Terra Vista • Community Plan is hereby amended to read, in words and figures, as shown in the attached Attachment "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 5: 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. DRC2011-00292 • 2011 Page 3 Attachment A Chapter V (Community Development Standards) of the Terra Vista Community Plan is hereby amended (bold text and strikeout) to read as follows: General Development Standards (bullet point#6) page V-2 • Because full development of the Planned Community will take many years, interim and temporary uses other than agriculture shall be permitted, subject to approval of a Conditional Use Permit, provided that such uses and their locations will not be detrimental to any part of the Planned Community. Such interim uses may include ^uk , swap meets, outdoor commercial recreation, mini-storage, parking areas, park-and-ride lots, and other uses similar in character to those listed. Certified Farmers' Markets shall be permitted within Community Commercial (CC) Land Use with a Temporary Use Permit as pursuant to Section 17.04.070.12. • • • • • BJei STAFF REPORT L4441441 PLANNING DEPARTMENT DATE: April 27, 2011 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2010-00724- CITY OF RANCHO CUCAMONGA - A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a•design guideline and will not result in an intensification of environmental impacts. BACKGROUND: On March 22, 2011 staff received a letter from the BIA requesting a continuance on this item to work with staff to address potential impacts to small lot development. On March 23, 2011, staff requested that the.Planning Commission continue this item to the April 27, 2011 meeting in response to the request by the BIA. ANALYSIS: Staff has reviewed the request and examined the remaining developable residentially zoned land in the City. Additionally, staff reviewed the Specific Plans and • Community Plans that allow small lot development (Terra Vista, Etiwanda North, Etiwanda, Victoria, Victoria Arbors, and Victoria Gardens) and determined that although the plans are less restrictive for small lots (less restrictive setbacks, larger lot coverage, etc) the remaining small lot development could be affected by the language. Based on staffs' review of how the guideline may affect remaining small lot development, staff revised the language to read as follows: Section 17.08.90.C.16.p. is hereby added to read as follows: At least 25% of single-family units on lots 7,200 •square feet or larger that are • developed as part of single-family residential development of 4 or more units in the Residential Development District should be single-story units. The number of single story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. The 25 percent set-aside applies only to the development of 4 or more single-family detached housing unit types on lots of 7,200 square feet or larger, and does not apply to multiple-family projects. ENVIRONMENTAL ASSESSMENT: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. It can also be demonstrated with certainty that there is no substantial evidence that the text amendment to add this design guideline will • have a significant effect on the environment. CORRESPONDENCE: This item was continued from the March 23, 2011 Planning Commission and was advertised as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper for the March 23, 2011 meeting. Item E PLANNING COMMISSION STAFF REPORT DRC2010-00724 — CITY OF RANCHO CUCAMONGA April 27, 2011 Page 2 • RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution recommending that the City Council approve Development Code Amendment DRC2010-00724. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Respectfully submitted, �`�0 j��`/�� r 1�" o V Jam R. Troyer, AICP Planning Director JRT/CB/Is Attachments: Exhibit A — March 23, 2011 Planning Commission Report Exhibit B — Planning Commission Minutes dated March 23, 2011 Exhibit C — Letter dated March 22, 2011 from the BIA Draft Resolution of Approval Recommending Approval for Development Code Amendment DRC2010-00724 Draft Ordinance of Approval for Development Code Amendment DRC2010-00724 • • E-2 ' STAFF REPORT tit • PLANNING DEPARTMENT DATE: March 23, 2011 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2010-00724 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new • single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. This item will be forwarded to the City Council for final action. BACKGROUND: On October 27, 2010, the Planning Commission held a discussion on whether to formalize the City's current informal design review practice to require at least 20 percent of new single-family detached units within the Residential Development Districts to be single-story units. During the discussion, the Planning Commission suggested that a 25 percent set-aside would be more appropriate and suggested that it apply to the development of 4 or more single-family detached housing unit types. After the discussion, the Commission unanimously voted to initiate Development Code Amendment DRC2010-00724 and directed staff to process • the Amendment. At the February 9, 2011, Planning Commission meeting, staff requested a continuance of the project so that staff could solicit feedback from the development community of the proposed Development Code Amendment. Staff gathered the names of 13 developers who have processed applications in the City within the past 3 to 5 years. On February 17, 2011, a letter was sent to the 13 developers and the BIA requesting feedback on the proposed amendment by March 10, 2011. As of the date of preparation of this report, no feedback was received as part of staffs outreach. • ANALYSIS: Staff analyzed the appropriate section of the Development Code to add a general design guideline for single-story homes in new single-family developments within the Residential Development Districts and determined that this guideline should be added into the Design Guidelines of the Development Code; specifically, Section 17.08.90.0.16 (Single-Family Development). Accordingly, the following guideline will be added: Section 17.08.90.C.16.p. is hereby added to read as follows: At least 25 percent of all single-family units in any single-family residential development in a Residential Development District consisting of 4 or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and • when justified by such considerations as location, lot size, and topography. The 25 percent set-aside applies only to the development of 4 or more single-family detached housing unit types and does not apply to multiple-family projects. EXHIBIT A ?c'f1h-713 PLANNING COMMISSION STAFF REPORT DRC2010-00724 — CITY OF RANCHO CUCAMONGA March 23, 2011 Page 2 • ENVIRONMENTAL ASSESSMENT: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. It can also be demonstrated, with certainty, that there is no substantial evidence that the text amendment to add this design guideline will have a significant effect on the environment. CORRESPONDENCE: Since this item is a proposed text amendment with no specific project at this time, this item was advertised as a public hearing (1/8-page ad) in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached -Resolution recommending that the City Council approve Development Code Amendment DRC2010-00724. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Respectfully submitted Jam R. Siril Troyer, AICP Planning Director JRT:CB/ge • Attachments: Exhibit A—February 9, 2011, Planning Commission Report Exhibit B— Planning Commission Minutes dated February 9, 2011 Exhibit C—.Letter dated February 17, 2011, to Development Community Draft Resolution of Approval Recommending Approval for Development Code Amendment DRC2010-00724 Draft Ordinance of Approval for Development Code Amendment DRC2010-00724 • E-4 STAFF REPORT • PLANNING DEPARTMENT L• DATE: February 9, 2011 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2010-00724 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the • proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. BACKGROUND: On October 27, 2010, the Planning Commission held a discussion on whether • to formalize the City's current informal design review practice to require at least 20 percent of • new single-family detached units within the Residential Development Districts to be single-story units. During the discussion, the Planning Commission suggested that a 25 percent set-aside would be more appropriate and suggested that it apply to the development of 4 or more single-family detached housing unit types. After the discussion, the Commission unanimously voted to initiate Development Code Amendment DRC2010-00724, and directed staff to process the Amendment. • ANALYSIS: Staff analyzed the appropriate section of the Development Code to add a general design guideline for single-story homes in new single-family developments within the. Residential Development Districts and determined that this guideline should be added into the Design Guidelines of the Development Code; specifically, Section 17.08.90.C.16 (Single-Family Development). Accordingly, the following guideline will be added: Section 17.08.90.C.16.p. is hereby added to read as follows: At least 25 percent of all single-family detached units in any single-family residential development in a Residential Development District consisting of 4 or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. The 25 percent set-aside applies only to the development of 4 or more single-family detached housing unit types, and does not apply to multiple-family projects. ENVIRONMENTAL ASSESSMENT: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guideline • Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. It can also be demonstrated with certainty that there is no substantial evidence that the text amendment to add this design guideline will have a significant effect on the environment. EXHIBIT A PC 3/-234/i5 PLANNING COMMISSION STAFF REPORT DRC2010-00724— CITY OF RANCHO CUCAMONGA February 9, 2011 Page 2 • CORRESPONDENCE: Since this item is a proposed text amendment with no specific project at this time, this item was advertised as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution recommending that the City Council approve Development Code Amendment DRC2010-00724. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action at a future City Council meeting. Respectfully submitted, Jam R. Troyer, AICP Planning Director Attachments: Exhibit A-October 27, 2010, Planning Commission Report Exhibit B — Planning Commission Minutes, dated October 27, 2010 Draft Resolution of Approval Recommending Approval for Development Code Amendment DRC2010-00724 Draft Ordinance of Approval for Development Code Amendment • DRC2010-00724 • E-6 • STAFF REPORT '1 PLANNING DEPARTMENT I DATE: October 27, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DRC2010-00724-CITY OF RANCHO CUCAMONGA — CONSIDERATION OF A POLICY RESOLUTION REGARDING SINGLE-STORY HOMES IN NEW SINGLE-FAMILY DEVELOPMENTS. BACKGROUND: The City's current informal design review practice is to require at least 20 percent of new single-family detached units within the Residential Development Districts to be single-story units, The 20 percent set-aside applies only to single-family detached residences and does'not apply to multiple-family projects. On September 22, 2010, the Planning Commission held a discussion on whether to formalize the City's current practice. The Planning Commission tentatively determined that 20 percent was an acceptable figure and directed staff to conduct a survey of neighboring cities to see if any have a formalized requirement for single-story homes. • Staff conducted a survey of seven cities and found that five require a single-story set-aside. Of those five cities, three regulate the single-story set-aside through the Development Code and two cities regulate the single-story set-aside through separate policy documents such as Design Guidelines. The Planning Commission is now asked to determine whether the 20 percent set-aside should be adopted as a standing policy or an amendment to the Development Code. In either case, the 20 percent set aside would, consistent with current practice, apply only to the development of 10 or more single-family detached housing unit types, and would allow for reductions on a case-by-case basis based on the circumstances of the project; such as location, lot size, and topography. If the Planning Commission determines that a Development Code amendment is needed, staff recommends that the requirement be incorporated into the Design Guidelines of the Development Code; specifically, Section 17.08.90.C.16 (Single-Family Development). For this to occur, the Planning Commission would need to initiate a Development Code Amendment. Specific language would then be drafted and brought back to the Commission for review before final action by the City Council. RECOMMENDATION: • 1. If the Planning Commission determines that a standing policy is appropriate, staff recommends that the Planning Commission adopt the attached resolution, which would establish a standing policy to require 20 percent of new single-family detached homes in residential developments of 10 units or more to be set-aside for single-story homes. • •-pc„ t. EXHIBIT A A �._ c � _� PLANNING COMMISSION STAFF REPORT DRC2010-00724 October 27, 2010 Page 2 • 2. If the Planning Commission determines that an amendment to the Development Code is appropriate, staff recommends that the Planning Commission initiate a Development Code Amendment to codify the set-aside requirement. Respectfully submitted, Tito- R. SAir Jam- Troyer, AICP Planning Director JRT:CB/ge Attachments: Exhibit A - September 22, 2010 Planning Commission Report Exhibit B - Single-Story Regulations Matrix Draft Resolution of Approval for DRC2010-00724 • • c-2E-8 • STAFF REPORT 7 • Planning Department , Lly DATE: September 22, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner - SUBJECT: DRC2010-00724-CITY OF RANCHO CUCAMONGA-REPORT AND DISCUSSION REGARDING THE PERCENTAGE OF SINGLE-STORY HOMES REQUIRED IN NEW HOME DEVELOPMENTS BACKGROUND: The City currently has an informal practice to require at least 20% of the homes in new single-family development proposals ito be single story units. At a recent Design Review Committee meeting, the Committee requested this practice be formalized. The Committee also discussed whether the 20% requirement was appropriate and whether the single-story unit requirement should be incorporated into the Design Guidelines (Section 17.08.090.C. Site Plan Design) of the Development Code. This matter has been referred to the Planning Commission for discussion regarding: (1) whether the 20% single-story home requirement should be formalized, and if so how; and (2) to direct staff to study whether the single-story set-aside should remain at 20%. • RECOMMENDATION: The Planning Commission should determine if the informal practice of requiring 20% single-story units should be formalized and, if so direct staff to take one of the following actions: 1. Prepare a resolution for adoption by the Planning Commission that would establish a standing policy of requiring a percentage of new single-family residential developments be set aside for single-story homes. 2. Initiate a Development District Amendment to codify the requirement. 3. If the Commission decides that the single-story set-aside requirement should be formalized, staff also recommends that the Commission direct staff to study whether the single-story set-aside should remain at 20%. Respectfully submitted, • et,(A. IK- ig-A41/1/1/ James/R. Troyer, AICP Planning Director JRT/CB/Is • EXHIBIT A 12c) .fl&) • E-9 • A'5%ast4 0) h O N O) N V co a) u : a CO CO N N'SX In 7-'�.. In co ed- rn c7 . r� co CL a='KDi o) o) t' )I l[) O O U) u') a : 0) 0) 0) 0) 0) sc Al a co m a7 to rn v 0, v o rn � r °o m b▪ i sa=g▪a s3 M. o p � o Y o) `o a) c cn o ` m m n o mi E o c . c E c y ` cN m o o a c o E o O ° m a) N - o ° N 0) O E — — am N c C n a C m -c- o r it 'g � an C m n o o N c O o '% ° o- to _ 3 oa) • c c t o d o m E Ca .° g O " a) ... a) s) -8 a)6 c O C O a) O 0 0 a) a; _ > 5 5 -0 O b , g o n. O w o O 7 -c F o) ` E a y _ c m S 'n O o` a E t Ti u h N a) ` it' C c O- 2 > — N C c a o o a o P c a ra ° o O 0 m O = a) ` c -c o ro _` ^ g o f o' a W 5 m > E m o cac o m O 0 1 - O o a) ? X _ ` 7 � y o � 2 a) 0c u . a5 A ° rc a � a C ' o m v o f O c m ac) r - r o ° 0 a C N F o • � c .0 a m C t a E = ° o m E � > 0 o s • 5 jj 0 .o--° `o as E _', mo m \o _ 6 Et o o E a'' � z a = °\o� 2) c m 'y ° 'y _ n c) c .>' V) z E F O a) y N N a) a3 v) co f E C o Z'.u. o ) � �.0 N .— -co-O p_ O 0 O o N _ C) gyp'• 0 issi CO '°O 0 U 0 p 7 — CO co a. O m t O o a) 0 O CD Q) a) Om O • ia.. . � a 0 o t0 0 - CO 31 -) c ' 'OO O N E a N C C E s � .,•, c C p O 6 "p° o p 0 6 O nt C .J > Co. > O O O a) m O 0 a) eater 0 0 0 0 I 0 e1/2a1 a? col o f iZ . } } }, } . > Z Ore j . >. tt 6 o trim; 0 co 9 r '.�{ a) = > -p = O o viS� C ` a) a) C ' Ni ro O C C a) izl C O C C O °.sue: p > .0 0 O O O its' 11 CC 0 0 0 2 2 • EXHIBIT B r_. ;{' E10 RESOLUTION NO. 10-49 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING DRC2010-00724, A POLICY OF REQUIRING A 20 PERCENT SINGLE-STORY HOME SET- ASIDE FOR NEW SINGLE-FAMILY DETACHED DEVELOPMENTS OF 10 UNITS OR MORE. A. Recitals. 1 . At the public meeting of the Planning Commission of the City of Rancho Cucamonga on October 27, 2010, the Planning Commission considered the adoption of a policy requiring a percentage of new homes in new residential developments be set aside for single-story homes. 2. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, The Planning Commission of the City of Rancho Cucamonga hereby finds, determines, and resolves as follows: 1. All facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Commission hereby adopts the following policy: At least 20 percent of all single-family units in any single-family detached residential development in a Residential Development District consisting of 10 or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. 3. The Secretary to this Commission, or his or her designee, shall implement the policy stated in the preceding Section 2 and shall from time to time recommend to the Commission any changes that he or she believes are necessary. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman • •TTEST: James R. Troyer, Secretary E-11 PLANNING COMMISSION RESOLUTION NO. 10-49 DRC2010-00724 — CITY OF RANCHO CUCAMONGA October 27, 2010 Page 2 • I, James R. Troyer, 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 27th day of October, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • • • E-12 • NEW BUSINESS C. DRC2010-00724 - CONSIDERATION OF A POLICY RESOLUTION REGARDING SINGLE- STORY HOMES IN NEW SINGLE-FAMILY DEVELOPMENTS - CITY OF RANCHO CUCAMONGA. • Candyce Burnett, Senior Planner, presented the staff report. She noted that this request to formalize this policy is not for mixed use or multi-family projects; it only applies to new single-family home developments. • Commissioner Fletcher noted that we had a prior informal policy and there has a problem enforcing that. He said we encourage developers to include single-story product, but we may end up with two- story product. He asked what the difference is between this proposal and the prior policy. Ms. Burnett said the first option would be to adopt a policy by resolution and the second option is a Development Code amendment. Commissioner Fletcher asked if the policy is enforceable. Steven Flower, Assistant City Attorney, noted that many policies are incorporated into the design guidelines but are not absolute requirements and the ultimate discretion is with decision making bodies.. He said the problem was that the 20% requirement was not written anywhere. He said by adopting the written policy so everyone knows, and by codifying it;furthers the ability to uphold it as . we could make it mandatory. He said if it is not the intent of the Commission to make it a hard cap it allows some flexibility for special situations if for example, the lot size does not fit. He said there is • functionally no difference between adopting the formal written policy or a Development Code Amendment. He said there is a practical difference in that if the Commission desires to have a Code amendment, the Commission would initiate•the amendment and then it would have to go to • the City Council for final approval and it would be part of the Code. He said it takes more to get there with that option. Commissioner Fletcher confirmed that even if it is codified,the Commission could still make a case by case exception. • Mr. Flower said yes, and they could adjust the language in a resolution as well. He said the • language that.is proposed is not set in stone, and.if the Commission desires a mandatory 20% single-story set aside, then that could be included. He said the language in the draft resolution could also be adjusted. Commissioner Fletcher said when the City had the prior rapid build out, there was some desire for some flexibility, but now the City has a lack of single-story homes. He said there are not many remaining opportunities to get the right mix of single-story homes; this is 8 years too late. He confirmed that if we implemented a policy and if the property owners/developers entitlements have expired they would have to renew their applications and it would be brought up for review including their single-story set aside. • Mr. Flower noted that the result would be the same if a Code amendment was in place. If an entitlement expired they would.have to come back and comply with the current rules. James Troyer, Planning Director, also noted that this would not affect applications that are already deemed complete. Commissioner Fletcher said he thought it should be a requirement and he would suggest a 25% • requirement for the development of 4 houses or more with flexibility to waive the requirement. Planning Commission Minutes • -10- October 27, 2010 • EXHIBIT - B v^-D -Z_ cj _ 2_0:\ E13 • Ms. Burnett noted the survey of other cities included 5 units or more and they ranged from a 15-25% set aside. Vice Chairman Howdyshell said she is an advocate of single-story homes: She remarked that the • City is 90% built out and seniors want to stay here. She said she would like to see some muscle in the requirement and the builders need to see that we want to serve our community needs. Chairman Munoz concurred with staff. He said he has wanted to have a policy, but was unsure of what the standing policy was. He said whether it be a resolution or codified as an amendment, it is irrelevant, and he is pleased that it is getting support from his fellow commissioners. Vice Chairman Howdyshell said she Would like to focus on a community that is 55+ development and/or single-story homes for what we have left for residential development. Commissioner Fletcher asked if a set aside of 25% for 4 or more would cause a problem and if there would still be some flexibility. He said he favors it to be more restrictive than not. Chairman Munoz asked if the Planning Commission would like a code amendment for a 25% set aside in developments of 4 homes or more. Vice Chairman Howdyshell said the more single-story homes, the better. Mr. Flower said that if the Commission opts to process a Development Code amendment, a public hearing would be required and staff would have to have to work out the numbers. To present to the Commission. Commissioner Oaxaca said he agrees that the Commission can send a strong message for what the City should have in this regard. • Mr. Flower noted that staff will have to bring this back with a draft resolution for review as a public • . hearing. Motion: Moved by Fletcher, seconded by Oaxaca, to initiate a Development Code Amendment requiring a single-story set aside of 25%for new single-family housing developments consisting of 4 or more units. Motion carried by the following vote: AYES`. 'FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried • PUBLIC COMMENTS Ed Dietl thanked the Planning Commission as he is a big supporter of single-story homes. He asked if anything is being considered regarding the•need for single-story rental apartments and condos. He said he would like rental Units on one level. . » . * COMMISSION BUSINESS James Troyer, Planning Director, said the land economics would be difficult for that to pencil out for the builders. He said currently there is not a requirement for this and that requirement would be difficult to adopt. • Planning Commission Minutes -11- October 27, 2010 • E-14 Joe Martin, Richmond American Homes said he worked with staff and the DRC. He said Richmond • American is proud of their project. Vice Chairman Howdyshell commented that she really likes the courtyard area and the single-story product. Chairman Munoz opened the public hearing and seeing and hearing no comment, closed the public hearing. Vice Chairman Howdyshell said the area residents are pleased that this project is in the works;that they are glad this last site is finally being developed. Commissioner Wimberly agreed. He said he worked with the applicant at DRC and he commended them. He noted that many people will like the single-story product. Commissioner Fletcher said it is a good product, and he is glad this section of the City to be developed. He said it is attractive product and although the French cottage front elevation is nice, the side elements are plain. He said he assumed this was discussed in the DRC. Chairman Munoz agreed and said the point is well taken about 360-degree architecture. He said good work was done on this. He said the project will also bring new jobs and residents to town. He said he appreciates the developer working with us and that it is a good product. He asked when they plan to start construction. Mr. Martin responded that it will be the end of April or the beginning of May. • Motion: Moved by Wimberly, seconded by Howdyshell, to adopt the Resolution of Approval for. DRC2010-00502 as amended by staff. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE • ABSENT: NONE - carried W M R f S C. DEVELOPMENT CODE AMENDMENT DRC2D 10-00724-CITY OF RANCHO CUCAMONGA- A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. James Troyer, Planning Director, noted that this was being brought forward per Commission direction. He said staff desires to send the draft ordinance to the development community first, get their input, and address any concerns. He said staff anticipates this will be brought back to the Commission at the first or second meeting in March. Commissioner Fletcher said he believes this is a good move and that it is important to have them involved in these decisions. He said we should also let them know that the City is nearly built out and this is a catch up measure. He said some builders may say it will reduce their bottom line. • Commissioner Wimberly concurred and said it would be good to get their"buy-in" beforehand and then they can pencil this factor in when they are planning their single-family residential projects. Planning Commission Minutes -3- February 9, 2011 EXHIBIT B Pic , E-15 � . : I 14 Commissioner Oaxaca agreed that it is important to let the building community know that we are doing what we need to.do to service the needs of this community. Chairman Munoz agreed that it is important to get their input and that it will be better received if they • can weigh in before this is implemented. Commissioner Fletcher also noted that there is flexibility in the language that allows this requirement to be modified under certain circumstances. Motion: Moved by Fletcher, seconded by Wimberly, to continue the item to a date non-specific to allow time to do some outreach on the draft ordinance. The item will be re-advertised for a future meeting date. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried PUBLIC COMMENTS None • x w a e* COMMISSION BUSINESS AND COMMENTS Vice Chairman Howdyshell said the clock tower at Base Line Road and Milliken Avenue turned out to be a nice looking structure. Chairman Munoz said it is a clock tower on the outside but the inside is a cell tower. He said he is • pleased to see it. Commissioner Fletcher noted that it possibly houses numerous antennae. Chairman Munoz confirmed that it has three different carriers. He then asked staff for a review of the goals recently set by the City Council. James Troyer, Planning Director said staff will bring a report on the goals to the next meeting. ADJOURNMENT Motion: Moved by Wimberly, seconded Oaxaca, carried 5-0,to adjourn. The Planning Commission adjourned at 7:38 p.m. Respectfully submitted, ames R. Troyer, AICP Secretary Approved: February 23, 2011 • Planning Commission Minutes -4- • February 9, 2011 E-16 Mayor L. DENNIS MICHAEL•Mayor Pro Tern SAM SI'ACNOLO (4, :� ' MJILLIAM J. ALEXANDER, CHUCK BU(IUET, DIANE WILLIAMS Y��,—.�'h ,LY Council/Ilemfic-��c r • /`eBe 71-)') CiryManagerJACI; LAM,AICP YY�� THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA February 17, 2011 1. ,p /, s',_ ` ./ Mr. Carlos Rodriguez (�� JJ B I A 9 �-�l l�' 'I;/,UN ' .' 8711 Monroe Court, Suite B Rancho Cucamonga, CA 91730 • • SUBJECT: SINGLE-STORY SET-ASIDE WITHIN RESIDENTIAL DEVELOPMENT DISTRICTS - DEVELOPMENT CODE AMENDMENT DRC2010-00724 Dear Mr. Rodriguez: The City currently has an informal practice that requires single-family development proposals to provide a minimum of 20 percent single-story units.. On October 27, 2010, the Planning Commission held a discussion on whether to formalize the City's current •informal design review practice. During the discussion, the Planning Commission suggested that a 25 percent set-aside would be more appropriate and unanimously voted to initiate Development Code Amendment DRC2010-00724. Staff determined that this amendment would be appropriate as a design guideline within the Design Guideline • Section of the Development Code, Section 17.08.90.C.16 (Single-Family Development). Accordingly, the following guideline will be added: Section 17.08.90.C.16.p. to read as follows: . At least 25 percent of all single-family units in any single-family residential development in a Residential Development District consisting of 4 or more units should • be single-story units. The number of single-story units may be reduced on a case-by- case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. The 25 percent set-aside applies only to the development.of 4 or more single-family detached housing unit types and does not apply to multiple-family projects. This item will be presented to the Planning Commission at the March 23, 2011, Planning Commission meeting. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action.. If you have any questions or comments please contact Candyce Burnett, Senior Planner, at (909) 477-2750, Monday though Thursday from 7:00 a.m. to 6:00 p.m., before March 10, 2011. • Sincerely, PLANNING DEPARTMENT • Jam., R. Troyer, AICP Planning Director • mnnyn,C cl 7 , "t Pxr }. , .. '9_IINO-•Tcl (90))-0;'-_?II(I• Fax (9091 d7;-"R49•www.CiiyafHC.us `i m N- m m CO-o0 m N o w n CI an U m °r' 10 m am 4-- oo N co m Cr) a CO m ^ 0 ' LO 0 h a CD CD n N m m m m m Cary, m 2 ai °Ni 0, O0m 0 5 Q Q Q Q Q Q Q Q Q Q « « Q 0000000000000000 • m CO m m C C o O L u E E vO m m u U 5 m W o m O U O co o -o c 10 C 2 -O O m O 0) O m ° C o W .m- c .m_. a u C V .... 0. 8 C C 2 co .0 j 0 o 3 C - C U O U O Z ❑ f Z m 3 U z m U m 0 0 Li) m"' 0 0 J N.. . . 0 /J- o a`, N co O 0 al m -° 2 = a1 ° N 9 U o -o —y m a) frA c a 5 = Z' v J N CO a, a) J w v Q N c C > o - o ¢ Q - Q vo E E o U m co y a C m m m y m, fA E m - 0 C '0 c' j 'C J CO 'C m L cm `m 0 Cr) a) J co o m o o o o E v1 E Y o 2` o c = = 2 J ` co = c `m c y oUtAUZaoaoaJ > 30,, 2 ~ o o N— Co o (0 o o+ o o co m .- '0 N to o n 10 N CO 0 Ol m Of co N Q N- '- '— 10 — co to N - en V N .- CO III 0 E 0) m C m 3 0 . w 0 • Q L u CO a al " 'E m a a, o Q m I° o = O E N c in N ° m o m y E o u ttoo m ow = E E o 2 = u y >, 0o .° 00 = a to o j, a OE U N a, O O, J c = 0.to o o o U � 0) c m U r-c Y E _, aJ> m Y 3 3 a` 3 m m c o 8 2 m w C N d C p O m ry m C a to 5 co o- c 2 a u N 'E Ot OC 5 ° C LL 01 a E m o -3 v E c U O U a°, 15 o 0 C L 'O^ U N E a ° a ❑ ` o m o to m z to C n C Y m CO = In Iu IL > N m to E co m c 3 Z c c d ° a o CO ID 0 m CO W u m = (, -°a co- 2 U E-18 m N L 5 5 5 5 5 5 - 5 CITY OF RANCHO CUCAMONGA • PLANNING COMMISSION MINUTES Regular Meeting March 23, 2011 Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:23 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Francisco Oaxaca, Ray Wimberly ABSENT: None STAFF PRESENT: Candyce Burnett, Senior Planner; Steven Flower, Assistant City Attorney; Steve Fowler, Assistant Planner; Tom Grahn, Associate Planner; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; James Troyer, Planning Director ANNOUNCEMENTS • None * * * * * APPROVAL OF MINUTES Commissioner Oaxaca noted a correction on page 4 in paragraph 7. The Secretary directed them to corrected language placed before them on the dais which now reads: Dan James, Senior Civil Engineer said the study evaluated the traffic counts, it did cross the threshold, therefore, the signal is being required. He said the study did not evaluate the truck deliveries. Motion: Moved by Howdyshell, seconded by Wimberly, carried 5-0,to approve the regular meeting minutes of March 9, 2011. Motion: Moved by Fletcher, seconded by Oaxaca, carried 5-0, to approve the adjourned meeting minutes of March 9, 2011. * * * * * PUBLIC HEARINGS A. DEVELOPMENT CODE AMENDMENT DRC2010-00724-CITY OF RANCHO CUCAMONGA- \ ! 4 A request to amend Section 17.08.90.0.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the • Residential Development Districts. The project qualifies under State CEQA Guideline Section EXHIBIT B Ic Ltia, I "E-19 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. This item will be forwarded to the City Council for • final action. Candyce Burnett, Senior Planner, presented the staff report. She said staff met with representatives of the Building Industry Association (BIA) and 3 developers on Monday of this week. They asked staff to work with them on the Code Amendment language. To that end, they asked for a 30-day continuance. Vice Chairman Howdyshell asked which developers attended the meeting. Ms. Burnett said the BIA, Lewis, and Crestwood and she could not recall the remaining developer in attendance. Mr. Troyer noted that no other letters were received other than the one from the BIA placed before the Commissioners; these builders just attended the meeting. Commissioner Oaxaca asked if staff wished to address the comments from their letter. Ms. Burnett said the letter basically represents their discussion of the meeting; they presented options regarding the amendment with respect to lot sizes over 7200 square feet. She said staff has not had the opportunity to investigate the impacts of this aspect of the code amendment to those developers that may have that type of project proposal and those that developed under the prior standard of 20 percent. Commissioner Wimberly clarified that they want specific language about lot size and they are not comfortable leaving that to the discretion of the Commission, • Ms. Burnett said that is correct and that was only one suggestion. •Commissioner Fletcher asked if staff recommends continuing the item for 30 days. Ms. Burnett said staff is not specific about the date, but staff would recommend the continuance to allow time to investigate potential impacts. Commissioner Fletcher said such a discussion would be a good idea. Vice Chairman Howdyshell said she also wanted to keep in mind the size of the home on the lot and not make the amendment specific to just the lot size. Commissioner Fletcher said staff might point out the flexibility in the language of the amendment for the Commission to wave the requirement if conditions warrant it. He said the Commission agreed on 25 percent because when the City had a policy of 20 percent the Commission saw projects of 80- •200 homes with very few single-story units and the policy was largely ignored and so it is somewhat of a game of catch up now. Chairman Munoz agreed and said the amendment is a guideline and not binding. He said he is , surprised to see their objection. He then opened the public hearing. Seeing and hearing no further comment, he called for a motion. Motion: Moved by Howdyshell, seconded by Fletcher, to continue the public hearing to the • regular meeting of April 27, 2011. Motion carried by the following vote: Planning Commission Minutes -2- March 23, 2011 E-20 • AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY • • NOES: NONE ABSENT: NONE - carried k k I _ SSMENT AND DEVELOPMENT REVIEW DRC2010-00906 - NONGSHIM HOLDINGS -A request to add 73,454 square ee • - - - • 676 square foot industrial building within the General Industrial (GI) District (Subarea 14), lo - ed at 12155 Sixth Street. APN: 0229-283-48. Related file: Minor Exception DRC2010-f:•07. Staff has found the proposed project to be within the scope of a project covered by a < eviously approved Initial Study and Mitigated Negative Declaration approved by the Pla• ing Commission on October 9, 2002, and an addendum approved by the City Planner o •ctober 22, 2003. Staff has prepared an addendum prepared per CEQA Section 15164 w ' h does not raise or create new environmental impacts not already considered in that Initia tudy. Tom Grahn, Associate Planner, presented the staff report He summarized the parking requirements and what is being provided by the applicant. He •ted that a Minor Exception for a 25 percent reduction in parking stalls is also being considered •-cause this particular manufacturing use requires far less spaces than what is really needed. H= aid a condition has been placed in the agreement that prevents this applicant from subleasing eir space to another manufacturer that may require additional parking. He said as long as this pe of business is there, they may have the reduced parking requirement. • Chairman Munoz opened the public hearing. • Hoon Kenn Park stated that this is his first ' e to address the Commission. He said Nongshim manufactures noodles and because of hi• •er volume/sales they are expanding. He said they will add more employees and contribute to t•e tax base. • Vice Chairman Howdyshell said this it a straightforward application that involves expansion, growth, and development, all of which are .•sitives. She said the applicant went to the DRC and now they are here. She congratulated the, on their success. Commissioner Oaxaca said is is a good example of where a Minor Exception is justified and logical. He expressed his •pport of the proposal. Commissioner Wimber - concurred and said this application reflects an increase in efficiency and potential employmen . He offered his support of the project. Commissioner F -tcher said the application is simple and he did not see any big issues. He said it is great to have - anufacturer that is expanding in Rancho Cucamonga and he noted that it will bring more jobs t• own. Chairm- Munoz agreed with all the previous comments. He wished the applicant good luck. He noted at a condition is in the resolution regarding the unlikely event of a change of ownership. Motion: Moved by Fletcher, seconded by Howdyshell, to adopt the Resolution approving ,Development Review DRC2010-00905 as presented by staff. Motion carried by the following vote: • AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY • NOES: NONE ABSENT: NONE - carried Planning Commission Minutes -3- March 23, 2011 E-21 • March 22, 2011 Bin Chairman Lou Munoz Baldy View Chapter City of Rancho Cucamonga 10500 Civic Center Drive Build ine hf,lunb'c A,..sniial;un Rancho Cucamonga, CA 91729-0807 u(S,nai,cni C;d ii,l ni;,. Inc. 8711 Monroe Coon,Sidle 13 RE: Rancho Single Story Ordinance Rancho Cucamonga. ,) California 91730 ph 909.945.1884 fx 909.948.9631 Dear Chairman Munoz and the Planning Commission: www.biaboild.com The Building Industry Association appreciates the time and attention that the Planning Commission, City Council and City staff have given the proposed changes to the design guidelines in the City. We have reviewed the proposed development code change, and we met with James Troyer and his planning staff earlier this week. We raised some concerns about the proposed adjustment with City staff, and as such, we respectfully request a 30 day continuance on this item. Specifically, we have the following comments regarding the policy: First, we urge the Planning Commission to limit the policy to subdivisions with larger lots. Single story • plans on a 4,000 or 5,000 square foot lot will minimize the usable rear yards. The proposal at most should apply to 7,200 SF lots and above. Projects with lot sizes below 7,200 square feet and specific plans should continue to use the current guidelines. We would also recommend that the proposal include language that gives the builder flexibility to mitigate with a master down or providing a 1.5 story floor plan. • Finally,we would appreciate further clarification on how the Planning Commission will consider reductions to the single story requirements based on circumstances as outlined in the proposed • development code. As you know, the proposal states,"The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size and topography."As stated, we are concerned that the Planning Commission will lake a hard-line on the 25% guideline in all cases, regardless of a particular project's circumstances if the development code is amended as proposed. In light of our concerns, we respectfully request your consideration of a 30 day continuance on this • matter.Thank you in advance for your consideration,and we look forward to working with you on this item. Please feel free to contact me or my colleague Jeff Simonetti at 909-945-1884 if you have any questions or comments about our letter. Respectfully, • (J Carlos Rodriguez Chief Executive Officer, BIA Baldy View Chapter CC: Mayor L. Dennis Michael, Jack Lam, James Troyer • • EXHIBITC nr Rnildrl.:md the( ;dil nni;i Building Induary As%ociaiinn C- Ve;7/it 22 fie. � / RESOLUTION NO. 11-12 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00724 TO ADD A DESIGN GUIDELINE OF REQUIRING A 25 PERCENT SINGLE-STORY HOME SET-ASIDE FOR NEW SINGLE-FAMILY DEVELOPMENTS OF 4 UNITS OR MORE BY ADDING SUBSECTION (p) OF SECTION 17.08.090.C.16 (SINGLE-FAMILY DEVELOPMENT)OF CHAPTER 17.08(RESIDENTIAL DISTRICTS)OF TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2010-00724, the "Amendment," as described in the title of this Resolution. 2. On October 27, 2010, the Planning Commission voted to initiate the Amendment. 3. On February 9, 2011, the Planning Commission conducted a duly noticed public hearing on ' the Amendment and continued the item to a date non-specific. 4. On March 23, 2011, the Planning Commission conducted a duly noticed public hearing on the Amendment and continued the item to April 27, 2011. 5. On April 27, 2011,the Planning Commission conducted a duly noticed public hearing on the • Amendment and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga hereby finds, determines, and resolves 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 27, 2011, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The Amendment applies to property located within the City; and b. The Amendment does not conflict with the Land Use Policies of the General Plan, and is in conformance with the General Plan; and c. The Amendment will promote the goals and objectives of the Development Code by implementing the goals and objectives of the General Plan, protecting the stability of land uses within the City, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and • d. The Amendment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. E23 PLANNING COMMISSION RESOLUTION NO. 11-12 DEVELOPMENT CODE AMENDMENT DRC2010-00724 - CITY OF RANCHO CUCAMONGA April 27, 2011 Page 2 3. The Planning Department staff has determined that the project is categorically exempt from • the requirements of the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. The project qualifies under State CEQA Guidelines Section 15061(b)(3) because the proposed text change is to add a design guideline and will not result in an intensification of environmental impacts. It can also be demonstrated,with certainty, that there is no substantial evidence that the text amendment to add this design guideline will have a significant effect 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, the Planning Commission hereby recommends adoption of the Draft City Council Ordinance, which would add Subsection (p.) of Section 17.08.90.C.16 (Single-Family Development) of Chapter 17.08 (Residential Districts) of Title 17(Development Code) of the Rancho Cucamonga Municipal Code and is hereby added to read as follows: At least 25% of single-family units on lots 7,200 square feet or larger that are developed as part of single-family residential development of 4 or more units in the Residential Development District should be single-story units. The number of single story units may be reduced on a case-by-case basis when needed to serve the . purposes of the Development Code and when justified by such considerations as location, lot size, and topography. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27th DAY OF APRIL 2011. • PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: James R. Troyer, AICP, Secretary 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 27th day of April 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • E-24 •ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00724, TO ADD A DESIGN GUIDELINE OF REQUIRING A 25 PERCENT SINGLE-STORY HOME SET-ASIDE FOR NEW SINGLE-FAMILY DEVELOPMENTS OF 4 UNITS OR MORE BY ADDING SUBSECTION (p) OF SECTION 17.08.090.C.16 (SINGLE-FAMILY DEVELOPMENT) OF CHAPTER 17.08 (RESIDENTIAL DISTRICTS) OF TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2010-00724, the "Amendment," as described in the title of this Resolution. 2. On October 27, 2010, the Planning Commission voted to initiate the Amendment. 3. On February 9, 2011, the Planning Commission continued the item to a date non- specific. 4. On March 23, 2011, the Planning Commission conducted a duly noticed public • hearing with respect to the Amendment and, continued the item to April 27, 2011. 5. On April 27, 2011, the Planning Commission conducted a duly noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 11-12, recommending that the City Council adopt the Amendment. 6. On , 2011, the City Council 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: 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. 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 Amendment applies to property located within the City; and b. The Amendment does not conflict with the Land Use Policies of the General • Plan, and is in conformance with the General Plan; and E-25 • CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2010-00724 — CITY OF RANCHO CUCAMONGA , 2011 Page 2 • c. The Amendment will promote the goals and objective of the Development Code by implementing the goals and objectives of the General Plan, protecting the stability of land uses within the City, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and d. The Amendment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guidelines Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. It can also be demonstrated, with certainty, that there is no substantial evidence that the text amendment to add this design guideline will have a significant effect 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 staffs determination of exemption. 4. Based upon the findings and conclusions set forth in Sections 1, 2, and 3 above, Subsection (p.) of Section 17.08.90.C.16 (Single-Family Development) of Chapter 17.08 (Residential Districts) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby added to read as follows: • • At least 25% of single-family units on lots 7,200 square feet or larger that are developed as part of single-family residential development of 4 or more units in the Residential Development District should be single-story units. The number of single story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. 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 final 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 word 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. 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published pursuant to state law within fifteen (15) days after its passage, and this Ordinance shall become effective thirty (30) days after its passage. • E-26 SIGN-IN SHEET PLANNING COMMISSION MEETING April 27, 2011 NAME - COMPANY - ADDRESS