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HomeMy WebLinkAbout952 - OrdinanceThe City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City nfRancho Cucamonga has prepared Master Plan Amendment DRC2019-00231' as described in the d||e of this Ordinance. Hereinafter in this Ordinance, the subject Master Plan Amendment iSreferred Loaa"the A0eOdO0aDt'. A. On {]n10be[4. 2017. the City Council approved Urgency Ordinance No. 919, on 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 K8UOiOip@! Code. Per State |aVV. an |Ot8[in0 ordinance is effective for 8period Oi45 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, 2O17.the City Council approved Urgency Ordinance No. 323, which extended the interim ordinance's [oqOi[SDl8Ot 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 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 iDt8hDO ordinance's requirement for 8 Conditional Use Permit for the establishment Of any OGYV hO18| or the oXpeDS|OD of any existing hotel within the City for an additional 10n0ODths' 15d8yS. D� On April 10 and April 24. 2019' the Planning Commission of the City of Rancho Cucamonga conducted @ DDUc8d pUb||C hearing with respect \othe Amendment and, following the COOC|UGiOn thereof, adopted R8So|uUDD No. 19'34. recommending that the City Council of the City OfRancho Cucamonga adopt this Amendment. E. On May 15, 2019, the City COLRICil of the City of Rancho Cucamonga conducted a noticed public hearing Onthe Amendment and continued the public hearing 1Oadate certain. F {}D June 5' 2019. the City Council of the City of Rancho Cucamonga continued with the noticed public h8a[iOg onthe Amendment and concluded said hearing Ohthat date. & All legal prerequisites prior to the adoption of this Ordinance have occurred SECTION 2. Based upon the substantial evidence presented tothis Council during the above -referenced public hearing, this Council hereby finds and concludes that tile 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 LL-/,/encourages the protection of neighborhoods from the encroachment ofincompatible activities orland uses that may have a negative impact on the residential living environment. Regulating the operational Ordinance No. 952— Page 1 of 4 standards for hotels that may b8 near residential neighborhoods will reduce potaDh8| impacts created by hotels. Land Use Go8/LU-1/ requires that oo[DnnuOhv aesthetics are maintained through appropriate regulations. Establishing da8/Qn 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 io exempt from the requirements of the California Environmental Quality Act (CEQA) and the CiiV's CEOAGuidelines. The pnVec1qUaUfi8ounder the general rule that C �OAapplies D|ytoprojects, ' which have the potential for causing significant effects on the environment. Pursuant to CEC)A Guidelines Section 15061(B)(3). VvheKa it can be seen with certainty that there is no possibility that the activity inquestion may have significant effect onthe environment, the aotiVih/ subject not oueoi 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 qua|ih/ of the architectural design Of hotels and not tothe intensity of development. In sum, the Amendment vvoU|d impose more restrictive regulations On hotel development within the City ae 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 tothese provisions will be reviewed for CEC>A compliance under separate entitlements, During the entitlement process, the applicant will be required to comply with CEC)A. In reviewing each project for compliance with CE(]A' an applicant may be required to SUbDlii eDVin0Dnn8Dt8| studies that G08|YZe potential impacts such as 8i[ qQG|itV' 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 oDvin3Dr0e0t8| dOoUOneDi will be prepared to address project -specific impacts, Based on this evidence and all Of the evidence in the record, the City Council uoDCu[S with the Planning Department staff'u det8r[0|D8ti0U that the Amendment will not have a significant effect UD the environment and is therefore exempt from further environmental review under CEC)A. SECTION 4. The |8Od use labeled "Hotel/Motel" in Table 3-1 (Permitted Uses) of Subsection 3.7 (Permitted and Gonclitional Uses — Detailed Listing) shall be 'modified as follows: USE RANCHO CUCAMONGA TOWN SQUARE TYPES rMIXED-USE DISTRICT lHotels (as prescribed in Development Code! SECTION 5. In accordance with Municipal Code Section 17.02.020.F.. this Ordinance shall apply toall pending project app|ioedions'inc|udiDQthooe that have been deemed complete by the planning director, unless the project has received all necessary planning permits and entitlements prior tothe effective date ofthis Ordinance. Ordinance No. 952— Page 2 of 4 SECTION 0. The City Council d8c|8FeS that, should any s8Cti0D, 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 [Hnl8iUiDg 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 aaobonu' subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. Neither the ndOoiVO of this Ordinance nor the repeal of any other (}[diOaAC8 Of this QiV shall in any manner affect the prosecution for vio|od0OS of ordinances, which violations were committed prior iQthe effective date hereof, nor be construed aS8waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 8. The City Clerk shall certify tothe adoption ofthis Ordinance and shall -ASSED, APPROVED, AND ADOPTED this 1 9th f day of June, 2019. nice �CRey�nolds, lerk���� COUNTY OF SAID BERN ARDINO ) ss WIN ill 1.11 1 F111 1 11 0 ~11 i 1, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucarnonga held on the 5 th day of June 2019, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 191t' day of June 2019. AYES: Hutchison, Kennedy, Michael, Scott and Spagnolo NOES: None ABSTAINED: None Executed this 20t" day of June 2019, at Rancho Cucamonga, California. ?ice C. Reyno�ld,Cle Ordinance No. 952— Page 4 of 4