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HomeMy WebLinkAbout2019-06-12 Agenda Packet - PC-HPC CITY OF RANCHO CUCAMONGA JUNE 12, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. — CALL TO ORDER Pledge of Allegiance Roll Call: Chairman Guglielmo Vice Chairman Wimberly Commissioner Dopp Commissioner Munoz Commissioner Oaxaca B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Commission at one time without discussion.Any item may be removed for discussion. C1. Consideration to adopt the Regular Meeting Minutes of May 22, 2019. C2. Consideration to adopt the Workshop Minutes of May 22, 2019. Page 1 of 4 CITY OF RANCHO CUCAMONGA JUNE 12, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. D1. ENTERTAINMENT PERMIT DRC2018-00700 — EMERSON RAYGOR — A request for live entertainment to include bands with up to three musicians or a comic/trivia game host with amplified sound at an existing restaurant named the Stackz Co, within the General Industrial (GI) District, located at 9223 Archibald Avenue - APN: 0209-541-12. The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15301 - Existing Facilities. E. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. E1. REPORT AND RECOMMENDATION OF MODIFICATIONS TO ORDINANCES PERTAINING TO REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF HOTELS WITHIN THE CITY. F. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER-AGENCY UPDATES: COMMISSION ANNOUNCEMENTS: Page 2of4 CITY . ■ . CUCAMONGA. ! �l JUNE 12, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA G. ADJOURNMENT I, Valerie Victorino, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 6, 2019, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. If 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. If 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. 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. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. Page 3 of 4 CITY OF RANCHO CUCAMONGA JUNE 12, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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$3,037 for all 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, staff reports and minutes can be found at www.CityofRC.us. Page 4of4 VicinityMap Historic Preservation and Planning Commission Meeting June 12 , 2419 S [ i! 1 = L a i CL U g 19t1 St ! i e Base Line Base Line s a Church Church Foothill i Foothill N Arrow _ Arrow m c trs 6th p� W } « r C7 6th Hc 6th W Y- 4th Q 4th 7k Meeting Location: D1 City Hall/Council Chambers 10500 Civic Center Drive D1: ENTERTAINMENT PERMIT DRC2018-00700 r r CITY OF RANCHO CUCAMONGA rr r1- L" MAY 229 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTE'S RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRiVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. - CALL TO ORDER 7:00pm Pledge of Allegiance Roll Call: Chairman Guglielmo X Vice Chairman Wimberly X Commissioner Dopp X Commissioner Munoz _X Commissioner Oaxaca X Additional Staff Present: Nick Ghirelli, Assistant City Attorney; Matt Burris, Deputy City Manager; Elisa Cox, DCM/interim Planning Director, Mike Smith, Senior Planner,- Jennifer Nakamura, Associate Planner; Jason Welday, Engineering Services Director: Brian Sandona, Associate Engineer; Jasmin Oriel, Administrative Assistant. B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair,depending upon the number of individual members of the audience.This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. Chairman Guglielmo opened the public communications. Seeing none, closed. Page 1 of 6 Cl— Pg1 r CITY OF • . CUCAMONGA. a 04,1 MAY 22, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Commission at one time without discussion.Any item may be removed for discussion. C1. Moved by Munoz. seconded by Wimberly;carried 5-0 to approve the minutes D. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. D1. DIRECTORS REPORT - INTRODUCTION OF THE DRAFT ENVIRONMENTAL. IMPACT REPORT FOR THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN (EHNCP) SPECIFIC PLAN Tony Locacciato. Meridian Consultants, gave an oral report. Commissioner Munoz reiterated the breadth of the content in the E1R. Commissioner Wimberly had no questions Commissioner Dopp requested clarification on the "no project"alternative and the quantity of homes allowed under County zoning designations. Commissioners Oaxaca and Guglielmo had no questions. Commissioner Guglielmo opened the public hearing. Don Horvatitch is concerned about the impact of vistas on his property. illegal harvesting of sage and a possible historic area. Page 2 of 6 Cl— Pg2 MAY 22, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MIiVUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Tony Marisek is concerned about the quantity of lands available for mitigation_ Tom Griffey is concerned about impacts of the annexation to a 26 acre property at the terminus of Etiwanda. Joe Cowan, ALRC President states the ALRC is opposed to the project and has concerns about impacts of the project to the equestrian overlay zone, impacts to fire safety, water resources and missing trail connections within the plan, Patrick Kamerly is concerned about property and development rights within the north portion of the plan area. Larry Henderson representing the ALRC is concerned about use of form based codes in the plan, use of alley and drives for development, lack of General Plan amendment text, public safety and evacuation plan, and that the EIR and plan are incomplete. Mark Gibboney is concerned about flood zone and fire risk, expressed desire to keep land as open space%onservation land. Judith Brennan is concerned about impact to wildlife corridors and trail connectivity. Jesse Bojorquez, representing Bernard Hugh is concerned about property rights for his property. Alex Cunningham is concerned about impacts of the project to his neighborhood(east of the Preserve adjacent to the Fontana border), Expressed desire to stay rural, concerned about property rights. Concemed about fire dangers and fire protections and why their land is considered part of the annexation_ Barb DeWitt is concerned about trail connections and preserving the equestrian lifestyle and density of the plan_ Mark Harris is concerned about views and vistas in his area (Deer Creek Estates), and the plan not representing citizen comments, Commissioner Guglielmo closed the public hearing. Page 3 of 6 C1— Pg3 MAY 22, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Munoz reiterated his support of the work on the project. Commissioner Wimberly thanked the public for coming out to speak on the project. Commissioner Oaxaca thanked the public for speaking on the project, anticipated ongoing conversations about the project. Commissioner Dopp noted most comments were regarding the specific plan, not the EiR, Recommended additional conversations with staff for specific issues. Asked for clarification on if fire safety is addressed in the EIR, Mr. Locacciato stated it is included in the EIR and the Fire District was consulted on the EiR. DCM Burris elaborated on how the plan considers evacuation for fire as part of the design. Commissioner Dopp asked follow up questions on the density listed in the alternative plans shown in the EIR. DCM Burris stated it is based on the most likely density the market will present within the neighborhood area. Commissioner Dopp asked for a map of the Parry's Spineflower within the conservation area. Commissioner Dopp asked for clarification on traffic impacts to specific intersections. Mr_ Locacciato clarified how the traffic counts were displayed in the table. Commissioner Guglielmo thanked the public for their input and questions. Asked staff for responses to email comments received about flood impacts. Shared the number of jobs proposed to be created by the plan. Asked for clarifications on public comments on trail connectivity and mitigation lands. Senior Planner Mike Smith stated those comments will be addressed in the staff report when the project is ready to be considered The Environmental Impact Report was received and placed on file_ Page 4 of 6 C1— Pg4 MAY 22, 2019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E. COMMISSION BUSINESSIHISTORIC PRESERVATION AND PLANNING COMMISSION INTER-AGENCY UPDATES: None COMMISSION ANNOUNCEMENTS: Commissioner Munoz reminded comments on the EIR can be made until June 14, 2019. Commissioner Oaxaca asked about SB50; Commissioner Munoz stated it has been tabled until the end of the year, F. ADJOURNMENT Meeting was adjourned at 8,-35pm to a workshop in the Rains Room. I, Valerie Victorino, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on May 16, 2019 seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. If 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. Page 5 of 6 Cl— Pg5 ho,rl r rr CITY OF RANCHO CUCAMONGA rrr MAY 2212019 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to he placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda stems will be at the discretion of the Commission and the Planning Director 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 97730. 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$3,037 for all 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,staff reports and minutes can be found at www.CityofRC.us. Page 6 of 6 C1-- Pg6 MAY 222 2019 PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. CALL TO ORDER 8:48pm Roll Call: Chairman Guglielmo X Vice Chairman Wimberly X_ Commissioner Dopp —X Commissioner Munoz X Commissioner Oaxaca X Additional Staff Present- Matt Barris, Deputy City Manager; Elisa Cox, DCM/Interim Planning Director; Mike Smith, Senior Planner; Jennifer Nakamura, Associate Planner, Jason Welday, Engineering Services Director; Brian Sandona, Associate Engineer B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair,depending upon the number of individual members of the audience.This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. Chairman Guglielmo opened the public communications. Seeing none, closed_ Page 1 of 4 C2-Pgl MAY 225 2019 PLANNING COMMISSION WORKSHOP MiNUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA C. DISCUSSION ITEMS PLANNING COMMISSION C1 PRE-APPLICATION REVIEW DRC2019-00315 — PANATTONi DEVELOPMENT COMPANY, INC. — A request for a Planning Commission Workshop to review a proposed industrial development consisting of four(4) industrial buildings with a combined floor area of approximately 1,038,250 square feet on 46.86 acres of land in the General Industrial (GI) and IndustriaF Park (IP) Districts, bound by Vineyard Avenue/Cucamonga Canyon Channel to the east, 9th Street to the north, Baker Avenue to the west, and the BNSF railroad to the south — APNs: 0207-271-25, -27, -39, -40, -89, -93, -94, -96, and -97. Mike Smith, Senior Planner provided an oral report. Commissioner Oaxaca reiterated that the west elevation of building 4 should have well appointed landscaping and elevations and the historic structure should be restored to provide a pleasant view for the adjacent residential. Jake Le Blanc, Panattoni Development agreed and stated that they are looking at either relocating the historic structure in conjunction with Cask and Cleaver or they may keep and restore on site. Commissioner Dopp stated the historic preservation of the building is important. Mr. Le Blanc agreed and stated they are open to ideas to reuse the building, Michael Sizemore, Panattoni Development explained the historic characteristics of the house. Commissioner Dopp encouraged early conversations with the adjacent neighborhood and encouraged applicants to up the game architecturally like other industrial buildings recently approved and completed, Mr. Sizemore stated they are sensitive to the adjacent neighborhood and increased the required setback near residential properties. Commissioner Munoz was happy to see the work done to date and indicated it is a great start. Commissioner Wimberly directed the applicant to follow the list of items staff has outlined and is supportive of the direction of the project. Page 2 of 4 C2—Pg2 MAY 22, 2019 PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Chairman Guglielmo, Commissioner Oaxaca and Commissioner Dopp concurred. D. ADJOURNMENT Meeting was adjourned at 9:18pm. I, Valerie Victorino, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on May 16, 2019, seventy two (72) hours prior to the meeting per Government Code 54954,2 at 10500 Civic Center Drive. If 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 atl views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. 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. Page 3 of 4 C2-Pg3 r'r r CITY OF RANCHO CUCAMONGA MAY 229 2019 PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for schedulsng agenda items will be at the discretron of the Commission and the Planning Director. 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 rnspections 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 fled must be directed to the City Clerk's Office and must be accompanied by a fee of$2.793 for all 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, staff reports and minutes can be found at www.CitvofRC.us. Page 4 of 4 C2-Pg4 r STAFF REPORT DATE: June 12, 2019 TO: Chairman and Members of the Planning Commission FROM: Matt Burris, Deputy City Manager INITIATED BY: Griffin Sproul, Planning Technician SUBJECT: ENTERTAINMENT PERMIT DRC2018-00700 — EMERSON RAYGOR FOR THE STACKZ CO. —A request for live entertainment to include bands with up to three musicians or a comic/trivia game host with amplified sound at an existing restaurant, within the General Industrial (GI) District, located at 9223 Archibald Avenue-APN: 0209-541-12. The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15301 - Existing Facilities. RECOMMENDATION: Staff recommends the Planning Commission approve Entertainment Permit DRC2018-00700 through the adoption of the attached Resolution and Conditions of Approval. SITE AND PROJECT DESCRIPTION: The Stack¢ Co. is an approximately 3,000 square foot family-owned deli and taproom located within an industrial/retail center(Exhibit A and B). Entertainment is being proposed at the location as the restaurant primarily serves the lunch crowd and hopes to attract more customers for dinner, The restaurant serves sandwiches, salads, and sides as well as beer per their Type 41 California Department of Alcohol Beverage Control (ABC) License. The restaurant has been in operation since September 1, 2014. The existing Land Uses, General Plan, and Zoning Designations of the project site and surrounding properties are as follows: Land Use General Plan Zoning Site Multi-Tenant Center General Industrial General Industrial (GI) District North Multi-Tenant Center General Industrial General Industrial (GI) District South Multi-Tenant Center General Industrial General Industrial (GI) District East Multi-Tenant Center General Industrial General Industrial (GI) District West Single-Family Low Residential (2.0-4.0 Low (L) Residential District Neighborhood DwellingUnits Per Acre D1—Pg1 PLANNING COMMISSION STAFF REPORT DRC2018-00700— EMERSON RAYGOR June 12, 2019 Page 2 The entertainment proposed involves a band with up to three musicians or a stand-up comic/trivia game host with amplified sound. No change to the hours of operation is proposed_ Entertainment is proposed to occur six days a week, as outlined in the table below. Day Hours of Operation Hours of Entertainment Monday 11:00am- 9:00pm 6:00 m- 9:00pm Tuesday 11:00am- 9:00pm 6:00 m- 9:00 m Wednesday 11:00am- 9:00pm 6:00 m- 9:00pm Thursday 11:00am- 9:00pm 6:00 m- 9:00 m Friday 11:00am- 9:DO m 6:00 m- 9:00pm Saturda 11:00am- 9:00pm 6:00 m- 9:00pm Suiday Closed Not Applicable Only one type of entertainer is proposed on any given night (i.e., a band will not perform on the same night as a comic or trivia game host.) The type of entertainer on any given night is dependent on availability of talent, and the needs/preferences of the restaurant. No cover charge or admission fee is proposed for any of the entertainment events. Entertainers will set up and perform within a designated 48 square foot performance area, located in the southwest corner of the existing restaurant (Exhibit C). No tables or chairs will be moved to make room for entertainment. The project does not involve the construction of any stage, nor any expansion to the existing restaurant. Dancing is not an included activity under this permit. No formal or informal dance area will be permitted under this approval. ANALYSIS: A. Parking: The addition of entertainment will have no effect on the number of parking spaces required for the existing restaurant. Additionally, since the center is primarily comprised of industrial/warehouse uses, the proposed hours of entertainment will occur when a majority of the businesses in the center are closed. Therefore, the project is not anticipated to have any adverse parking-related impacts. B. Noise: The two neighboring tenants are open from 6:00 p.m. -- 7:00 p.m. during the entertainment period. Having entertainers with amplified sound is not anticipated to have any adverse noise impacts to the surrounding businesses and residents, since all proposed entertainment will be conducted indoors. Additionally, the nearest residential structures are over 170 feet away from the restaurant, across a major thoroughfare (Archibald Avenue). C. Public Safety: The Police Department has reviewed the application and has no objections to adding entertainment to the existing restaurant.The Stackz Co.is conditioned to continue verifying the age of all patrons prior to the sale of alcohol, and comply with all other regulations under their Type 41 ABC Permit.The restaurant currently operates with 4-5 staff members and 16 security cameras at any g#ven time. The cameras will continue to retain 72 hours of footage. The Police Department has concluded that the addition of entertainment on the project site did not warrant additional security measures. D. Environmental Assessment, The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) as the project consists a minor change D1—Pg2 PLANNING COMMISSION STAFF REPORT DRC2018-00700— EMERSON RAYGOR June 12, 2019 Page 3 in the operation of an existing business. The project does not propose any alteration or expansion to any structure. Therefore, staff finds there is no substantial evidence that the project may have a significant effect on the environment. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: While the project does not specifically address a Council Goal, General Plan Policy LU-3.1 encourages the development of a full range of amenities and services to support residents of Rancho Cucamonga. The addition of entertainment to The Stackz Co adds to the entertainment options for the residents in the City. CORRESPONDENCE: This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. To date, no comments have been received regarding the project. EXHIBITS: Exhibit A - Aerial Photo Exhibit B - Site Plan Exhibit C - Floor Plan Exhibit D - Operation Statement Exhibit E - Security Plan Draft Resolution of Approval for DRC2018-00700 D1—Pg3 StS X19 jadT AA. (CID) ■■ [L4 }F� "' titAfro .. VI y 4p 0_;o k- 03, r LLL T. f _ � Fro k } k LTJ 77 sl L'L - 9227 Arahlbald Avc. I eta' 1 r 9T2a 8752 4.26 t LJ A 8th Street Blh Street 1.7n0 a'1' 2400 s.f. 4,000 Cf. 4.000 a.f. L•.dNN SP•o•• _ _ __�„� 1 a0 e.t. 9722 9746 �' C Oth Street 81h Street 1.280 ad. [Wi 1200 5.f. 4,000 R.I. 4,000 e.f. -f- 07114—BA! IL St z C 0�'aa 8th St V 1201] 5.1. 1,280 a.f. E 0770 Oth St 1200 9.1. Trr•L w•a Tuck w.a 1,550 R.I. ta.dmo so•c•• 732 1200 S.f. T>Ndt 1,550 a.f. G 780 6t7i s! Q1 'F} 1200 51 9718 0740 "-- 6th Street 8th Slfeel 1,350 a f. „ �- 5,000 R.I. 764—BKM' 5,000 a.f. 1,650 a.f. Q LutlMo Span•• — ——---_____ __ — 9794 —n 'we h J rPk•� 0710 —Yl 6th Street 1.5509.1. 1500 s.l. 8th Skeet 5,000 R.I. 5,000 e.l. 87-5 Eth St ,• K 1,650 a.l. 4 L••d•e.P• PI•nlMe pl•n1YM1 Ixarupe 6th 51rnfit_,_ ..T_ Data Total Bullpens Ana 05,900 R.I. rj So , -UI Cn Parklnp 5peeea IL��irJl Prevlded 171 spaces � c c0 13 0 U N m .Y H H Z a. x LU -- r rT 7d/'1-��/��'10/y "ij r 71td�J o/�t��Pa pry rn -- „!C - ;�.�'i U uj t �7�SjJ i EMERSON RAYGOR, OWNER THE STACKZ CO. 9223 Archibald Ave, Rancho Cucamonga, CA 91730 1 909.499.6290 emerson@thestackzco.com Thursday, February 13, 2019 City of Rancho Cucamonga Entertainment Permit Request Dear City of Rancho Cucamonga: This letter comes from both of the owners of The Stackx Co.in reference to the Entertainment Permit application.We have been in business in the city since 2014 and nothing makes us prouder than to be able to provide a service to this great city.We are typically a lunch spot and that is our busy time,but we have done a ton in order to get more faces through the door in the later hours of the day.Our customer base drops daily at around 3:00 PM and vie have struggled to get people through the door after that time on certain days of the week. We are not looking to create a nightlife location where people are there until 2:00 AM.We just simply would like to provide some soft,relaxing and inviting acousticlomptified music on select nights from around 6.00 PM to 9:00 PM Monday-Thursday and Friday&Saturday from 7:00 PM to 11:00 PM We feel that this will assist with us on that tack of customer base that we see for dinner.We are a giving company and would love to see a boost in nightly sales so that we could keep our hard-working staff and help them grow within the business as well as provide more jobs. When it comes to the talent,we plan to have up to a two-person band playing fight music.The music will be acoustic and occasionally plugged into an amplifier.There will be occasions where we support an organization called Rockstor's of Tomorrow, where less fortunate kids showcase their talents in our establishment. Other events that we plan to have in addition to the bands would be. trivia night,comedy night and karooke. Our hours daily are 11:00 AM to 9:00 PM Monday-Saturday and closed on Sundays.We changed the hours on Friday and Saturday for events,just in case it runs a little fate on those days but we remain within the approved times. Our timing of the events ore planned out so that most of the businesses around us have finished their day and ample parking is available for our nighttime patrons. A normal employee shift consists of 4 to S employees. We are a family owned deli and tap room.Deli creations from the family put to work for others to enjoy.We also provide a great craft beer selection and support ail local Rancho Cucamonga Craft beer creators. EXHIBIT D D1-Pg7 Thank you for taking the time out to consider our application and we took forward to many more years here in Rancho Cucamonga. Sincerely, Emerson Raygor, Owner The 5tackz co. — g8 EMERSON RAYGOR, OWNER THE STACKZ CO . 9')'),i Ai chihold Ave, Rarx ho Cucamonga. CA 91730 1 909.499.6290 � emerson,'a'thest ackzco.com Thursday, September 13, 201B City of Rancho Cucamonga Security Plan Dear City of Rancho Cucamonga: As far as a security pian goes. k know that this exact enterta.nment permitting process is the sarne for larger venues within the city, so I believe that we are very different from those part-cular locations. We are a fancily deli that serves beer on top and have an occupancy of 80 people. We don't plan to have huge events and only plan to provide easy listening music for our customers on certain nights of the week. We vJ1.1 continue with the processes that we have put in place to ensure a secure and safe environment for our patrons. We close at 9:00 PM nightly which eliminates any kind of late- nighi venues or patron hangouts. Our goal is to simply provide our current customers and new as they come with some easy live music and possibly a couple of game nights here and there. There will not be any cover charges etc„ ever. With that said our current procedures with 1D checks alcohol monitoring -niake etc. will suffice for our type of venue. Sincerely, a / t Emerson Raygor, Owner ' The 5tackz co. t EXHIBIT E 01-Pg9 RESOLUTION NO. 19-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. DRC2018-00700, A REQUEST FOR LIVE ENTERTAINMENT TO INCLUDE A BAND OF UP TO THREE MUSICIANS OR A STAND-UP COMIC/TRIVIA GAME HOST WITH AMPLIFIED SOUND IN CONJUNCTION WITH AN EXISTING RESTAURANT, THE STACKZ CO LOCATED AT 9223 ARCHIBALD AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0209-541-12. A. Recitals. 1. On May 21 . 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Emerson Raygor filed an application for the issuance of Entertainment Permit DRC2018-00700, as described in the title of this Resolution_ Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3_ On the 12th day of June 2019, 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 June 12, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 9223 Archibald Avenue which is part of a contiguous industrial/commercial center with an approximate street frontage of 260 feet on Archibald Avenue and lot depth of approximately 630 feet on 6th Street and is presently improved with 6 pad buildings: and b. The properties to the north,south, and east of the subject site are located within the General Industrial (GI) District_ The properties to the west (across Archibald Avenue) are located within the Low (L) Residential District. C. The applicant proposes to provide entertainment consisting of up to three musicians or a stand-up comic/trivia game host with amplified sound; and D1—Pg10 PLANNING COMMISSION RESOLUTION NO. 19-36 ENTERTAINMENT PERMIT DRC2018-00700 —EMERSON RAYGOR June 12, 2019 Page 2 d. The operating hours of the existing restaurant are from 11:00 a.m. to 9:00 p.m., Monday through Saturday. Entertainment is proposed for Monday through Saturday from 6:00 p.m. to 9:00 p.m. with only one type of entertainment occurring per night; and e. The applicant will continue to verify the legal drinking age of patrons prior to selling and serving alcohol, follow the terms of their existing Type 41 License, and abide by all California Department of Alcohol Beverage Control policies; and 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals or welfare; and b. That the premises or establishment is not likely to be operated in an illegal, improper or disorderly manner; and d. That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent apartment complex; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. 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 the Class 1 exemption under State CEQA Guidelines Section 15301, Existing Facilities as the project consists of a minor change in the operations of an existing business. Additionally, the project does not propose any alteration or expansion to any structure. Staff finds there is no substantial evidence that the project may 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 staff's determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to the attached standard conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF JUNE 2019. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA D1—Pg11 PLANNING COMMISSION RESOLUTION NO. ENTERTAINMENT PERMIT DRC2018-00700—EMERSON RAYGOR June 12, 2019 Page 3 BY: Tony Guglielmo, Chairman ATTEST: Matt Burris. Secretary I, Candyce Burnett, 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 12th day of June 2019, by the following vote-to-wit: AYES: COMMISS?ONERS: NOES' COMMISSIONERS: ABSENT' COMMISSIONERS; ABSTAIN_ COMMISSIONERS: D1—Pg12 Conditions of Approval RANCHO Community Development Department CUCAMGNGA Project#: DRC2018-00700 Project Name: EDR-The Stackz Co_ Location: 9223 ARCHIBALD AVE- 020921132-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Planning ROJECT:Planning Department Please be advised of the following Special Conditions 1. If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible modification, suspension or revocation of the permit_ 2. Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3. The applicant shall submit an annual renewal statement and fee, due on or before January 1 of each and every year per Section 17.20.20(G)of the Development Code. 4. Applicant must use an identity card scanner (ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment. (Definition of ID Scanner: An ID Scanner automates and documents the age verification process by scanning the ID through a card reader). The ID Scanner should record and timestamp the name, identification number, and date of birth on the identity card provided by patrons. This information should be recorded on a device separate from a personal cell phone and maintained for a minimum of thirty (30) days. The business will provide the ID Scanner records to law enforcement upon request. 5. There shall be no flashing lights, disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 6. Any proposed floor plan, seating, occupancy and/or furnishing changes must be submitted to Rancho Cucamonga Fire Protection District for review and approval. Do not increase the approved occupant load. 7. Approval is for live entertainment consisting of up to three musicians or a comic or a trivia game host with amplified sound at an existing restaurant, The Stackz Co, located at 9223 Archibald Avenue, Unit H. 8. Any modification of intensification of the use such as a revision to the days and hours of entertainment, any improvements such as the construction of a physical stage and/or dance floor, and/or other mod ifications/intensifications beyond what is specifically approved by this entertainment permit shall require review and approval by the Planning Director and/or Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of activity, and/or issuance of a Business License 9. The days and flours of operation for the entertainment shall be limited to between 6:00 pm and 9:00 pm, Monday through Saturday. 10. Entertainment shall be limited to live music consisting of up to three musicians or a comic or a trivia game host with amplified sound. Only one type of entertainment may occur per night. www.CityofRC.us Printed 512212014 D1—Pg13 Project#: DRC2018-00700 Project Name. EDR-The Stackz Co. Location: 9223 ARCHIBALD AVE - 020921132-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 11. Adult Entertainment, as defined in Section 17.128.020 of the Development Code, is not permitted. 12. All entertainment activity shall be conducted inside the building. 13. While entertainment is being conducted all doors and windows shall remain closed for noise attenuation purposes. 14. The business operations shall be in compliance with the performance standards that are described in Section 17.66 of the Development Code, including nose limits which are described in Section 17.66.050(G), 15. The business operations shall be in compliance with the regulations and requirements of the California Department of Alcoholic Beverage Control that apply to Type 41 Liquor Licenses. 16. Dancing is a prohibited entertainment activity under this approval. Any formal or informal dancing activities are beyond the scope of this Entertainment Permit. Building and Safety Services Department Please be advised of the following Special Conditions 1. Do not block exit aisles or doors. Do not overload electrical system and do not increase the occupant load. Reduce the number of patrons based on the area used for entertainment. www.C-,tyofRG.us Prnled 5/22/2019 D 1_pg 14 Page 2 or 2 STAFF REPORT DATE: June 12, 2019 TO: Chairman and Members of the Planning Commission FROM: Matt Burris, Deputy City Manager INITIATED BY: Jennifer Nakamura, Management Analyst 11 SUBJECT: DIRECTOR'S REPORT — REPORT AND RECOMMENDATION OF MODIFICATIONS TO ORDINANCES PERTAINING TO REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF HOTELS WITHIN THE CITY RECOMMENDATION: Staff recommends that the Planning Commission report on and recommend the modifications to Ordinances 949, 950, 951, 952, 953 and 954 made by the City Council for the development of hotels within the City. BACKGROUND: On June 5, 2019 the City Council conducted a public hearing to review the Planning Commission's recommendation to amend the Municipal Code and associated special planning areas pertaining to the requirements and standards for the development of hotels within the City. During the meeting, the Council concurred with the Planning Commission's recommendation, including the revisions staff made to the tiers of required amenities as directed by the Planning Commission. Council made an additional revision to each ordinance regarding the implementation and effect of the ordinance on projects currently in process. Section 17.020.020.E states that unless otherwise indicated, new amendments to the Development Code are effective only for new applications or pending applications that have not been deemed complete by the Planning Director. Council revised all ordinances related to hotels to be effective for all new applications and applications that have not received required planning entitlements, including those applications that have been deemed complete. The Council expressed an interest in implementing the ordinance's design and operational standards as soon as possible. This would ensure that new hotels on the City's remaining vacant land adhered to the Ordinance. ANALYSIS: Government Code Section 65857 requires that any modification to a proposed amendment made by the legislative body not previously considered by the Planning Commission, be referred to the Planning Commission for report and recommendation. A public hearing is not required. FISCAL IMPACT: The development of new hotels can provide additional revenue to the City in the form of transient occupancy tax and sales taxes. Hotels can also negatively impact costs to public safety services when not operated properly. E1—Pg1 PLANNING COMMISSION STAFF REPORT HOTEL ORDINANCE MODIFICATIONS — CITY OF RANCHO CUCAMONGA June 12, 2019 Page 2 COUNCIL GOAL(S) ADDRESSED: The proposed amendment does not specifically address a council goal; however, the development of operational standards and requirements for new hotels promotes the City's premier community status within the region. EXHIBITS: Exhibit A—Ordinance No. 949 Exhibit B—Ordinance No, 950 Exhibit C —Ordinance No, 951 Exhibit D—Ordinance No, 952 Exhibit E—Ordinance No. 953 Exhibit F—Ordinance No, 954 E1—Pg2 ORDINANCE NO. 949 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF HOTELS WITHIN THE CITY I. Recitals. A. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018-00605, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the Amendment". B. On October 4, 2017, the City Council approved Urgency Ordinance No. 919, an interim ordinance requiring a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City to allow staff time to study appropriate development standards and regulations for hotels and draft any necessary changes to the Municipal Code. Per State law, an interim ordinance is effective for a period of 45 days from the date of adoption, unless extended at a public hearing prior to the end of the 45-day period. C. On November 15, 2017, the City Council approved Urgency Ordinance No. 923, which extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days, to provide staff additional time to study the issue and draft a Municipal Code Amendment to address the impacts created by hotel development within the City. D. On September 19, 2018, the City Council approved Urgency Ordinance No. 940, which further extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days. E. On April 10 and April 24, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 19-34, recommending that the City Council of the City of Rancho Cucamonga adopt this Amendment. F. On May 15, 2019, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and continued the public hearing to a date certain. G. On June 5, 2019, the City Council of the City of Rancho Cucamonga continued with the noticed public hearing on the Amendment and concluded said hearing on that date. H. All legal prerequisites prior to the adoption of this Ordinance have occurred. Il. Findings. A. Based upon all of the evidence presented to the City Council during the above- referenced public hearing, this City Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) of the Rancho Cucamonga Municipal Code by this Amendment are consistent with the General Plan goals, policies, and implementation programs. Ordinance No. 949—Page 1 of 11 EXHIBIT A E1—Pg3 General Plan Land Use Policy LU-1,1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Regulating the operational standards for hotels that may be near residential neighborhoods will reduce potential impacts created by hotels. Land Use Goal LU-11 requires that community aesthetics are maintained through appropriate regulations. Establishing design guidelines for hotels will encourage better site design, improved architecture, and the use of higher quality building materials. Lastly, through partnerships designed to report and prevent criminal activity at hotels between hotel owners and operators, and City Police and Fire services, Public Safety Goal PS-4, which requires a high level of public safety services throughout Rancho Cucamonga, can continue to be achieved. B. The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(8)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. The Amendment's requirement for hotel development applications to prepare a market feasibility study is a purely economic requirement. In addition, the occupancy standards and public safety standards are limited to the operation of hotels and do not affect the environment. The remaining development standards do not have the potential for causing significant effects on the environment because they pertain to improving the quality of the architectural design of hotels and not to the intensity of development. In sum, the Amendment would impose more restrictive regulations on hotel development within the City as hotel projects are currently permitted by right in most zoning districts. Furthermore, the Amendment only revises the land use regulations to apply development and operational standards for hotels and to require discretionary review through the Conditional Use Permit process for the development of hotels. Applications for development subject to these provisions will be reviewed for CEQA compliance under separate entitlements. During the entitlement process, the applicant will be required to comply with CEQA, In reviewing each project for compliance with CEQA, an applicant may be required to submit environmental studies that analyze potential impacts such as air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site-specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Based on this evidence and atl of the evidence in the record, the City Council concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. Il. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows.- SECTION ollows:SECTION 1. The land use labeled "Hotels and Motels" in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) shall be modified as follows: Ordinance No- 949— Page 2 of 11 E1—Pg4 Land Use/Zoning iVL L LM M MH H MU OP NC GC CC SC RRCiCO IP GI MI/HI.HI OS HR FC UC District Hotel N N N N N N C C N C N N C ` C C N N N N I N N N SECTION 2. The land use labeled "Hotels and Motels" in Table 17.38.040-1 (Allowed Land Uses and Permit Requirements for Haven Avenue Overlay Zoning District) of Chapter 17.38 (Overlay Zoning Districts) shall be modified as follows: Land Use/Zoning District HA Retail, Service, and Office Uses Hotel C SECTION 3. The land use labeled "Hotels and Motels" in Table 17.38.050-1 (Allowed Land Uses and Permit Requirements for Industrial Commercial Overlay Zoning District) of Chapter 17.38 (Overlay Zoning Districts) shall be modified as follows: Land Use/Zoning District IC Retail, Service, and Office Uses Hotel SECTION 4. The land use definition of"Hotel and Motel" in Section 17.32.020.E.31 of Chapter 17.32 (Allowed Use Descriptions) shall be amended to read as follows: "Hotel. A facility with guest rooms or suites rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging, for example, restaurants, meeting facilities, personal services, etc. A hotel also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail use, etc." SECTION 5. A new Chapter 17.93 (Hotels) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby added to read as follows: "CHAPTER 17.93 HOTELS Section 17.93.010 Purpose. Section 17.93.020 Market Feasibility Report Required. Section 17.93.030 Additional CUP Findings. Section 17.93.040 Occupancy Standards. Section 17.93.050 Public Safety Standards. Section 17.93.060 Hotel Amenities. Section 17.93.070 Design Guidelines. Ordinance No. 949 - Page 3 of 11 E1-Pg5 17.93.010 Purpose. The purpose of this chapter is to regulate hotels with development standards and operational requirements that will ensure high quality hotel development and mitigate impacts that could be associated with hotels, including crime, urban blight, and the exceptional use of public resources. 17.93.020 Market Feasibility Study Required. An application for a conditional use permit to operate a hotel shall include a market feasibility study_The city may prepare the study or request the applicant to prepare the study, subject to an independent peer review. The applicant shall be responsible for the cost of the study and/or peer review. The market study, at a minimum, shall address the following: A. A complete listing of proposed facilities, amenities, and services (e.g., number and type of rooms, meeting space square footage, recreational amenities, business services such as data ports, workstations, etc., in-room amenities such as refrigerators and microwaves, laundry service, food service such as restaurants or coffee shops, etc.). B. Provide information on the business model, ownership, and franchise of hotel. C_ A business and financial history of the proposed developer and potential operators, if different than the developer, including at a minimum the following: principals, experience, years in business, capitalization, listing of projects, number of units owned, average rates charged, and occupancy rates_ D. Whether the proposed hotel will be financially feasible by meeting an unfilled need for hotel rooms in the city_ Provide an analysis of the economic environment, projecting likely future economic conditions as they relate to the operation of the proposed hotel and its accessory uses. E. Analysis of the proposed hotel's projected market base. F. Three and five-year projected occupancy rates, projected average daily rate for the proposed hotel, and revenue per available room trends for hotels within the city. G. The estimated share of the hotel market the hotel will capture during the first five years of operation, and whether the hotel will primarily focus on drawing guests from existing hotels in the city. H. An analysis of economic impacts on existing hotels within Rancho Cucamonga, including at a minimum, an estimate of the dilution of the city's hotel market due to the proposed hotel and if the proposed project has potential adverse impacts on the financial viability of existing hotels in the city_ 17.93.030 Additional Conditional Use Permit Findings. Prior to approval of a conditional use permit when required by Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District) the approving authority shall make the following findings, in addition to those findings required by Section 17.16.120.D: Ordinance No. 949— Page 4 of 11 1=1—Pg6 A. The proposed hotel development is consistent with the General Plan's Economic Development Goals and Policies. B. The proposed hotel will not create urban decay due to the significant loss of business at existing hotels in the city, hotels currently under construction in the city, or hotels that have been granted entitlements by the city that have not expired but are not yet under construction. C. The proposed hotel is located in an area of the city with substantial unmet demand for a hotel. D. The proposed hotel is not expected to reduce the total hotel occupancy rate in the city below 72% in the first five years of operations. 17.93.040 Occupancy Standards. A. No hotel guestroom shall be rented for a period exceeding thirty(30)consecutive calendar days, counting portions of calendar days as full days. B. No hotel guestroom shall be rented for less than a one day period. 17.93.050 Public Safety Standards. A. No hotel shall create an unreasonable or excessive demand for police services. To demonstrate compliance with this standard, an application for a hotel conditional use permit shall include the following information: 1. A management plan that describes how the hotel will address potential criminal activities at the site. 2. A lighting plan that demonstrates how the hotel's proposed lighting will illuminate the site to the extent necessary for a peace officer to adequately observe the property from a patrol car. 3. A site plan designed to allow for visibility from the public right-of-way for peace officers in patrol vehicles. B. At all times, hotel operators shall maintain on file with the Rancho Cucamonga Police Department and Fire Protection District a single, current point of contact for addressing law enforcement, public health, and safety problems at the hotel site. In connection with the issuance of a business license, a police and fire inspection shall be required when a hotel undergoes a change in ownership or operator. C. Hotel owners and all hotel employees shall be trained to spot criminal activity. D. A security camera system is required to be installed with the capability of providing access to the Rancho Cucamonga Police Department and Fire Protection District. Recordings shall be held for a minimum of 30 days. Ordinance No. 949—Page 5 of 11 E1—Pg7 E. Hotels that provide entertainment as defined in 17.20.020 shall obtain an entertainment permit. 17.93.060 Hotel Amenities. No Development Review and/or Conditional Use Permit shall be approved for a hotel unless the following amenities are provided: A. Each guestroom shall Include high-speed Internet, voicemail, desk, color television, mini- fridge, coffee maker, alarm clock or wake-up service, hairdryer, iron and ironing board; B. The minimum following amenities shall be provided on site: 1. A bar/lounge with dining area; 2. Hot tubs/spas with pool or day spa services with pool; 3. A business center with computers and printers for guest use; 4. A large fitness center (minimum of 750 square feet for hotels with less than 100 rooms; minimum of 1,500 square feet for hotels with 100 or more rooms) with a wide range of equipment/exercise stations; 5. A cafe or coffee shop including at minimum a counter served bakery cafe with dedicated employees serving freshly prepared coffee, teas and specialty drinks open a minimum of 9 hours each day; 6. Up to two required amenities may be waived or replaced with alternative amenities by the Planning Director if similar existing amenities are available on site as part of an existing development or if the proposed hotel is in the Upper Upscale or Luxury scale based on Smith Travel Research hotel classifications or AAA four diamond hotel_ C. One of the following amenities shall also be provided on site: 1. Convention/meeting space of no less than 10,000 square feet that is reconfigurable with flexible seating, full audiovisual (AV) capabilities, and full commercial kitchen. The convention/meeting space shall be contiguous with internal connections to the main hotel structure and shall not be physically separated from the hotel; 2. A full-service restaurant operating at substantially similar hours to the hotel and offering room service to the hotel; 3_ A roof-top bar and food service with patio lounge and recreationlrelaxation area and associated amenities; 4. Other amenities may be considered in lieu of one of the required amenities subject to Planning Director approval. Ordinance No. 949— Page 6 of 11 E1—Pg8 D. Two of the following amenities shall also be provided on site: 1. Valet parking; 2. Spa services (if not provided as amenity to meet one of the above requirements); 3. An indoor pool; 4. Fire pits and an outdoor patio (if not provided as amenity to meet one of the above requirements); 5. Indoor or outdoor recreation court (basketball, volleyball, etc.); 6. A water play area; 7. Penthouse suites with full balconies; 8. Onsite auto detailing service; 9. Onsite car and/or bike sharing for use by guests; 10. Concierge services; 11. Participation in a regional airport shuttle service; 12. Hosted evening social hour; 13. Overnight laundry and dry cleaning services; 14. Office space/workspace rental program; 15. Pet Amenities, including but not limited to, acceptance of cats and dogs in rooms, complimentary pet treats, availability of pet bedding, crates, food and water bowls, and a listing of local pet services, such as pet walkers, pet sitters, veterinarians, pet shops and groomers. Pet play/exercise areas are strongly encouraged; 16. Other amenities may be considered in lieu of one of the required amenities subject to Planning Director approval. 17.93.070 Design Standards. In addition to the design provisions outlined in Article VII (Design Standards and Guidelines) of this code, the following design standards small apply to all new hotel development: A. Site Design and Layout. 1. Hotels shall support other hospitality industry-related uses such as restaurants, entertainment, recreation, and travel and tourism by integrating into a larger pattern of development and avoiding being isolated from such uses or being stand- alone. Integration into a larger mixed-use development that consists of residential, commercial, and/or office uses is also acceptable. Ordinance No. 949— Page 7 of 11 E1—Pg9 2. Site and building designs shall be unique and tailored to the specific site rather than formulaic and without any distinguishing characteristics, 3. Dual-brand hotel concepts shall be developed within a single building or complex and not as two separate buildings. 4_ Multi-stcry vertical development is preferred over single or two-story horizontal development. Furthermore, within the Haven Avenue Overlay District,all buildings shall have four(4)floors or more. 5. Hotel projects shall be designed with the hotel building(s)plotted at the street/front building setback line with the overnight parking area located at the rear or side of the building(s), 6. Hotel projects shall be designed with the primary(long) axis of the hotel building(s) aligned parallel to the street. Consideration of alternatives may be given to sites with narrow street frontages. 7. When the main entrance into the hotel building is on the "street side", short-term parking for guests' checking-in, drive aisles for passenger un/loading, and any overhead structures such as porte cocheres are permitted within the parking and landscape setback along the street by up to 50 percent of the setback dimension. 8. Parking lots or facilities shall have a minimum ratio of 2 percent of the total parking spaces equipped as electric vehicle charging stations. B. Architectural Design and Details. 1. The architecture of all buildings shall incorporate multiple design elements/features and diversity/variation in colors to minimize monotony and repetition along all wall planes. 2. The maximum amount of plaster/stucco finish applied to any building wall plane (or any exterior panel systems that have the appearance of plaster/stucco) shall not exceed 25 percent of the vertical area of the wall plane. 3. Articulation of the building wall planes is required on all elevations. 4. High-quality building materials shall be used both on the exterior and interior of the hotel. 5. Within the Haven Avenue Overlay District., the following requirements shall apply to all hotel buildings: a. The application of plaster/stucco finish (or exterior panel systems that have the appearance of plaster/stucco) on any building wall plane is not permitted. Ordinance No_ 949 —Page 8 of 11 E1—Pg10 b. A mix of exterior glass cladding, metal elements/features, and decorative wall finishes such as stone, composite, or natural tiles are required. C. Pedestrian and Vehicular Access. 1. All hotel buildings shall have direct pedestrian access between the hotel lobby and the street on the "street side" of the building if the main entry into the building is on the opposite side of the building. 2. All buildings within a hotel project, when separated by a parking lot, shall be interconnected by pedestrian pathways with a minimum width of 10 feet. Such pathways shall also include shade structures and seating at various intervals. 3. A prominent entry feature shall be incorporated into the main hotel entry (e.g., water feature, public art, landscaped elements). D. Lighting. 1. Light fixtures, features, and/or similar elements shall be incorporated into the exterior of all hotel buildings to accentuate the architecture. 2. All pedestrian pathways on-site and along the public sidewalks adjacent to all street frontage(s) of the project site shall have pedestrian-scale lighting. All such light fixtures (including any base) shall not exceed 10 feet in height. E. Landscaping. 1. A high degree of landscaping shall be installed throughout the property, including entry, courtyards, gardens, pool areas, walkways, and parking areas. F. Building Systems Placement. 1. All mechanical equipment and utility connection points, including HVAC units, electrical meters, and gas meters shall be screened from public view (see Figure 17.93). Rooftop equipment shall not exceed the height of the roof parapet concealing the equipment. Ordinance No. 949— Page 9 of 11 E1—Pg11 Figure 17.93.070-1 Screened Mechanical Equipment Y - �T 4 SECTION 6. In accordance with Municipal Code Section 17.02.020.F., this Ordinance shall apply to all pending project applications, including those that have been deemed complete by the planning director, unless the project has received all necessary planning permits and entitlements prior to the effective date of this Ordinance. SECTION 7. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,sentences, clauses, phrases,or portions thereof be declared invalid or unconstitutional. SECTION B. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No_ 949 —Page 10 of 11 E1—Pg12 PASSED, APPROVED, AND ADOPTED this __ day of _ , 2019. Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of_ , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Ordinance No. 949— Page 11 of 11 E1—Pg13 ORDINANCE NO. 950 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE EMPIRE LAKES SPECIFIC PLAN PERTAINING TO THE HOTEL LAND USE WITHIN THE PLAN AREA, MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga has prepared Specific Pian Amendment DRC2019-00230, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Specific Plan Amendment is referred to as -'the Amendment". A. On October 4, 2017, the City Council approved Urgency Ordinance No. 919, an interim ordinance requiring a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City to allow staff time to study appropriate development standards and regulations for hotels and draft any necessary changes to the Municipal Code. Per State law, an interim ordinance is effective for a period of 45 days from the date of adoption, unless extended at a public hearing prior to the end of the 45-day period. B. On November 15, 2017, the City Council approved Urgency Ordinance No. 923, which extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days, to provide staff additional time to study the Issue and draft a Municipal Code Amendment to address the impacts created by hotel development within the City. C. On September 19, 2018, the City Council approved Urgency Ordinance No. 940, which further extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days. D. On April 10 and April 24, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 19-34, recommending that the City Council of the City of Rancho Cucamonga adopt this Amendment. E. On May 15, 2019, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and continued the public hearing to a date certain. F. On ,tune 5, 2019, the City Council of the City of Rancho Cucamonga continued with the noticed public hearing on the Amendment and concluded said hearing on that date. G. All legal prerequisites prior to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17(Development Code)in the Amendment are consistent with the General Pian goals, policies, and implementation programs. General Plan Land Use Policy LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Regulating the operational Ordinance No_ 950--Page 1 of 3 EXHIBIT B E1—Pg14 standards for hotels that may be near residential neighborhoods will reduce potential impacts created by hotels. Land Use Goal LU-11 requires that community aesthetics are maintained through appropriate regulations. Establishing design guidelines for hotels will encourage better site design, improved architecture, and the use of higher quality building materials. Lastly, through partnerships designed to report and prevent criminal activity at hotels between hotel owners and operators, and City Police and Fire services, Public Safety Goal PS-4, which requires a high level of public safety services throughout Rancho Cucamonga, can continue to be achieved. SECTION 3. The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(6)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. The Amendment's requirement for hotel development applications to prepare a market feasibility study is a purely economic requirement. In addition, the occupancy standards and public safety standards are limited to the operation of hotels and do not affect the environment. The remaining development standards do not have the potential for causing significant effects on the environment because they pertain to improving the quality of the architectural design of hotels and not to the intensity of development. In sum, the Amendment would impose more restrictive regulations on hotel development within the City as hotel projects are currently permitted by right in most zoning districts. Furthermore, the Amendment only revises the land use regulations to apply development and operational standards for hotels and to require discretionary review through the Conditional Use Permit process for the development of hotels. Applications for development subject to these provisions will be reviewed for CEQA compliance under separate entitlements. During the entitlement process, the applicant will be required to comply with CEQA. In reviewing each project for compliance with CEQA, an applicant may be required to submit environmental studies that analyze potential impacts such as air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site- specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. SECTION 4. The land use labeled "Hotel/Motel" in Table 5-1 (Summary of Land Use Type by Planning Area) of Subsection 5.2 (Land Use Types) shall be modified as follows: Planning Area Type of Use Il IV V Vi VII Vlll IX X X1 Hotel [5f C C C C C t5> Hotels subject to Development Code Chapter 17.93. SECTION 5. Table Note 15 in Table 17.38.070-1 (Allowed Land Uses and Permit Requirements by Placetype)in Appendix E Zoning Code Amendment of Section 7(Planning Area I: Mixed Use Infill Area) shall be modified as follows: Ordinance No. 950— Page 2 of 3 E1—Pg15 "15)The maximum number of rooms for hotels is 200 rooms. Hotels also subject to Development Code Chapter 17.93." SECTION 6. In accordance with Municipal Code Section 17.02.020.1=., this Ordinance shall apply to all pending project applications, including those that have been deemed complete by the planning director, unless the project has received all necessary planning permits and entitlements prior to the effective date of this Ordinance_ SECTION 7. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof_ SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED,AND ADOPTED this day of , 2019. T Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED. COUNCILMEMBERS: ATTEST: City Clerk Ordinance No. 950— Page 3 of 3 E1—Pg16 ORDINANCE NO. 951 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE ETIWANDA SPECIFIC PLAN PERTAINING TO THE HOTEL LAND USE WITHIN THE PLAN AREA, MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga has prepared Specific Plan Amendment DRC2019-00230, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Specific Plan Amendment is referred to as "the Amendment". A. On October 4, 2017, the City Council approved Urgency Ordinance No. 919, an interim ordinance requiring a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City to allow staff time to study appropriate development standards and regulations for hotels and draft any necessary changes to the Municipal Code. Per State law, an interim ordinance is effective for a period of 45 days from the date of adoption, unless extended at a public hearing prior to the end of the 45-day period. B. On November 15, 2017, the City Council approved Urgency Ordinance No. 923, which extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days, to provide staff additional time to study the issue and draft a Municipal Code Amendment to address the impacts created by hotel development within the City. C. On September 19, 2018, the City Council approved Urgency Ordinance No. 940, which further extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days. D. On April 10 and April 24, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 19-34, recommending that the City Council of the City of Rancho Cucamonga adopt this Amendment. E. On May 15, 2019, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and continued the public hearing to a date certain. F. On .lune 5, 2019, the City Council of the City of Rancho Cucamonga continued with the noticed public hearing on the Amendment and concluded said hearing on that date. G. All legal prerequisites prior to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17(Development Code) in the Amendment are consistent with the General Plan goals, policies, and implementation programs. General Plan Land Use Policy LU-9.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Regulating the operational Ordinance No. 951 —Page 1 of 3 EXHIBIT C E1—Pg17 standards for hotels that may be near residential neighborhoods will reduce potential impacts created by hotels. Land Use Goal LU-11 requires that community aesthetics are maintained through appropriate regulations. Establishing design guidelines for hotels will encourage better site design, improved architecture, and the use of higher quality building materials_ Lastly,through partnerships designed to report and prevent criminal activity at hotels between hotel owners and operators, and City Police and Fire services, Public Safety Goal PS-4, which requires a high level of public safety services throughout Rancho Cucamonga, can continue to be achieved. SECTION 3. The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibillty that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. The Amendment's requirement for hotel development applications to prepare a market feasibility study is a purely economic requirement. In addition, the occupancy standards and public safety standards are limited to the operation of hotels and do not affect the environment. The remaining development standards do not have the potential for causing significant effects on the environment because they pertain to improving the quality of the architectural design of hotels and not to the intensity of development. In sum, the Amendment would impose more restrictive regulations on hotel development within the City as hotel projects are currently permitted by right in most zoning districts_ Furthermore, the Amendment only revises the land use regulations to apply development and operational standards for hotels and to require discretionary review through the Conditional Use Permit process for the development of hotels. Applications for development subject to these provisions will be reviewed for CEQA compliance under separate entitlements. During the entitlement process, the applicant will be required to comply with CEQA. In reviewing each project for compliance with CEQA, an applicant may be required to submit environmental studies that analyze potential impacts such as air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site- specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department staffs determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. SECTION 4. The land use labeled "Hotels and motels" in the schedule under Subsection 5.23 (Commercial and Office Districts) shall be modified as follows: DISTRICT USE NC FC GC OP Hotels C C - Hotels subject to Development Code Chapter 17.93. SECTION 5. In accordance with Municipal Code Section 17.02.020.F., this Ordinance shall apply to all pending project applications, including those that have been deemed Ordinance No. 951 —Page 2 of 3 E1—Pg18 complete by the planning director, unless the project has received all necessary planning permits and entitlements prior to the effective date of this Ordinance. SECTION 6. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 8. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this day of Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Ordinance No. 951 — Page 3 of 3 E1—Pg19 ORDINANCE NO. 952 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE TOWN SQUARE MASTER PLAN PERTAINING TO THE HOTEL LAND USE WITHIN THE PLAN AREA, MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga has prepared Master Plan Amendment DRC2019-00231, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Master Plan Amendment is referred to as "the Amendment". A. On October 4, 2017, the City Council approved Urgency Ordinance No. 919, an interim ordinance requiring a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City to allow staff time to study appropriate development standards and regulations for hotels and draft any necessary changes to the Municipal Code. Per State law, an interim ordinance is effective for a period of 45 days from the date of adoption. unless extended at a public hearing prior to the end of the 45-day period. B. On November 15, 2017, the City Council approved Urgency Ordinance No. 923, which extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days, to provide staff additional time to study the issue and draft a Municipal Code Amendment to address the impacts created by hotel development within the City. C. On September 19, 2018, the City Council approved Urgency Ordinance No. 940, which further extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days. D. On April 10 and April 24, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 19-34, recommending that the City Council of the City of Rancho Cucamonga adopt this Amendment. E. On May 15, 2019, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and continued the public hearing to a date certain. F. On June 5, 2019, the City Council of the City of Rancho Cucamonga continued with the noticed public hearing on the Amendment and concluded said hearing on that date. G. All legal prerequisites prior to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17(Development Code)in the Amendment are consistent with the General Plan goals, policies, and implementation programs. General Plan Land Use Policy LU-1.7 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Regulating the operational Ordinance No. 952— Page 1 of 3 EXHIBIT D E1—Pg20 standards for hotels that may be near residential neighborhoods will reduce potential impacts created by hotels. Land Use Goal LU-11 requires that community aesthetics are maintained through appropriate regulations. Establishing design guidelines for hotels will encourage better site design, improved architecture, and the use of higher quality building materials. Lastly, through partnerships designed to report and prevent criminal activity at hotels between hotel owners and operators, and City Police and Fire services, Public Safety Goal PS-4, which requires a high level of public safety services throughout Rancho Cucamonga, can continue to be achieved. SECTION 3. The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act(CEQA) and the City's CEQA Guidelines.The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(8)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. The Amendment's requirement for hotel development applications to prepare a market feasibility study is a purely economic requirement. In addition, the occupancy standards and public safety standards are limited to the operation of hotels and do not affect the environment. The remaining development standards do not have the potential for causing significant effects on the environment because they pertain to improving the quality of the architectural design of hotels and not to the intensity of development. In sum, the Amendment would impose more restrictive regulations on hotel development within the City as hotel projects are currently permitted by right in most zoning districts. Furthermore, the Amendment only revises the land use regulations to apply development and operational standards for hotels and to require discretionary review through the Conditional Use Permit process for the development of hotels. Applications for development subject to these provisions will be reviewed for CEQA compliance under separate entitlements. During the entitlement process, the applicant will be required to comply with CEQA. In reviewing each project for compliance with CEQA, an applicant may be required to submit environmental studies that analyze potential impacts such as air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site- specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. SECTION 4. The land use labeled "Hotel/Motel" in Table 3-1 (Permitted Uses) of Subsection 3.7 (Permitted and Conditional Uses— Detailed Listing) shall be modified as follows: USE RANCHO CUCAMONGA TOWN SQUARE ! TYPES MIXED-USE DISTRICT Hotels (as prescribed in Development Code C,k Chapter 17.93) SECTION 5. In accordance with Municipal Code Section 17.02.020.F., this Ordinance shall apply to all pending project applications, including those that have been deemed complete by the planning director, unless the project has received all necessary planning permits and entitlements prior to the effective date of this Ordinance. Ordinance No. 952— Page 2 of 3 E 1—Pg21 SECTION 6. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance_ The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or Unconstitutional_ SECTION 7. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 8, The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this day of Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS- ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Ordinance No. 952— Page 3 of 3 E1—Pg22 ORDINANCE NO. 953 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE VICTORIA ARBORS MASTER PLAN PERTAINING TO THE HOTEL LAND USE WITHIN THE PLAN AREA, MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga has prepared Master Plan Amendment DRC2019-00231, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Specific Plan Amendment is referred to as "the Amendment". A. On October 4, 2017, the City Council approved Urgency Ordinance No. 919, an interim ordinance requiring a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City to allow staff time to study appropriate development standards and regulations for hotels and draft any necessary changes to the Municipal Code. Per State law, an interim ordinance is effective for a period of 45 days from the date of adoption, unless extended at a public hearing prior to the end of the 45-day period. B. On November 15, 2017, the City Council approved Urgency Ordinance No. 923, which extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days, to provide staff additional time to study the issue and draft a Municipal Code Amendment to address the impacts created by hotel development within the City. C. On September 19, 2018, the City Council approved Urgency Ordinance No. 940, which further extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days. D. On April 10 and April 24, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 19-34, recommending that the City Council of the City of Rancho Cucamonga adopt this Amendment. E. On May 15, 2019, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and continued the public hearing to a date certain. F. On June 5, 2019, the City Council of the City of Rancho Cucamonga continued with the noticed public hearing on the Amendment and concluded said hearing on that date. G. All legal prerequisites prior to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17(Development Code)in the Amendment are consistent with the General Pian goals, policies, and implementation programs. General Plan Land Use Policy LU-9.9 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Regulating the operational Ordinance No. 953— Page 1 of 3 EXHIBIT E E1—Pg23 standards for hotels that may be near residential neighborhoods will reduce potential impacts created by hotels. Land Use Goal LU-91 requires that community aesthetics are maintained through appropriate regulations_ Establishing design guidelines for hotels will encourage better site design, improved architecture, and the use of higher quality building materials_ Lastly, through partnerships designed to report and prevent criminal activity at hotels between hotel owners and operators, and City Police and Fire services, Public Safety Goal PS-4, which requires a high level of public safety services throughout Rancho Cucamonga, can continue to be achieved. SECTION 3, The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act(CEQA) and the City's CEQA Guidelines.The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. The Amendment's requirement for hotel development applications to prepare a market feasibility study is a purely economic requirement. In addition, the occupancy standards and public safety standards are limited to the operation of hotels and do not affect the environment. The remaining development standards do not have the potential for causing significant effects on the environment because they pertain to improving the quality of the architectural design of hotels and not to the intensity of development. In sum, the Amendment would impose more restrictive regulations on hotel development within the City as hotel projects are currently permitted by right in most zoning districts. Furthermore, the Amendment only revises the land use regulations to apply development and operational standards for hotels and to require discretionary review through the Conditional Use Permit process for the development of hotels. Applications for development subject to these provisions will be reviewed for CEQA compliance under separate entitlements. During the entitlement process, the applicant will be required to comply with CEQA. In reviewing each project for compliance with CEQA, an applicant may be required to submit environmental studies that analyze potential impacts such as air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site- specific project, On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. SECTION 4. The land use labeled "Hotels and motels" in the Regional Related Commercial schedule of Subsection I.C. (Mixed Use Commercial) under Chapter 3 (Land Use) shall be modified as follows; "(8) Hotels, subject to Development Code Chapter 17.93." SECTION 5. In accordance with Municipal Code Section 17.02.020.F., this Ordinance shall apply to all pending project applications, including those that have been deemed complete by the planning director, unless the project has received all necessary planning permits and entitlements prior to the effective date of this Ordinance_ SECTION 6. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not Ordinance No. 953—Page 2 of 3 E1—Pg24 affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 8. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. MASSED, APPROVED, AND ADOPTED this day of , 2019. Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Ordinance No. 953—Page 3 of 3 E1—Pg25 ORDINANCE NO. 954 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE VICTORIA COMMUNITY PIAN PERTAINING TO THE HOTEL LAND USE WITHIN THE PLAN AREA, MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1, The City of Rancho Cucamonga has prepared Master Plan Amendment DRC2019-00232, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Specific Plan Amendment is referred to as "the Amendment". A. On October 4, 2017, the City Council approved Urgency Ordinance No. 919, an interim ordinance requiring a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City to allow staff time to study appropriate development standards and regulations for hotels and draft any necessary changes to the Municipal Code. Per State law, an interim ordinance is effective for a period of 45 days from the date of adoption, unless extended at a public hearing prior to the end of the 45-day period. B. On November 15, 2017, the City Council approved Urgency Ordinance No. 923, which extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days, to provide staff additional time to study the issue and draft a Municipal Code Amendment to address the impacts created by hotel development within the City. C. On September 19, 2018, the City Council approved Urgency Ordinance No. 940, which further extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days. D. On April 10 and April 24, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 19-34, recommending that the City Council of the City of Rancho Cucamonga adopt this Amendment. E. On May 15, 2019, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and continued the public hearing to a date certain. F. On June 5, 2019, the City Council of the City of Rancho Cucamonga continued with the noticed public hearing on the Amendment and concluded said hearing on that date. G. All legal prerequisites prior to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17(Development Code)in the Amendment are consistent with the General Plan goals, policies, and implementation programs. General Plan Land Use Policy LU-1.1 encourages the protection of neighborhoods trom the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Regulating the operational Ordinance No. 954—Page 1 of 3 EXHIBIT F I*1—Pg26 standards for hotels that may be near residential neighborhoods will reduce potential impacts created by hotels. Land Use Goal LU-11 requires that community aesthetics are maintained through appropriate regulations. Establishing design guidelines for hotels will encourage better site design, improved architecture, and the use of higher quality building materials. Lastly, through partnerships designed to report and prevent criminal activity at hotels between hotel owners and operators, and City Police and Fire services, Public Safety Goal PS-4, which requires a high level of public safety services throughout Rancho Cucamonga, can continue to be achieved. SECTION 3. The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Amendment does not propose any physical change to the environment itself. The Amendment's requirement for hotel development applications to prepare a market feasibility study is a purely economic requirement. In addition, the occupancy standards and public safety standards are limited to the operation of hotels and do not affect the environment. The remaining development standards do not have the potential for causing significant effects on the environment because they pertain to improving the quality of the architectural design of hotels and not to the intensity of development. In sum, the Amendment would impose more restrictive regulations on hotel development within the City as hotel projects are currently permitted by right in most zoning districts. Furthermore, the Amendment only revises the land use regulations to apply development and operational standards for hotels and to require discretionary review through the Conditional Use Permit process for the development of hotels. Applications for development subject to these provisions will be reviewed for CEQA compliance under separate entitlements. During the entitlement process, the applicant will be required to comply with CEQA. In reviewing each project for compliance with CEQA, an applicant may be required to submit environmental studies that analyze potential impacts such as air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site- specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department staff's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. SECTION 4. The land use labeled "Hotels and motels" in the Regional Related Land Uses schedule under Commercial Standards shall be modified as follows: "(8) Hotels, subject to Development Code Chapter 17.93." SECTION 5. In accordance with Municipal Code Section 17.02.020.F., this Ordinance shall apply to all pending project applications, including those that have been deemed complete by the planning director, unless the project has received all necessary planning permits and entitlements prior to the effective date of this Ordinance. SECTION 6. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares Ordinance No. 954— Page 2 of 3 E1—Pg27 that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof_ SECTION 8. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this day of , 2019. Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Ordinance No_ 954— Page 3 of 3 E1—Pg28