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Home My WebLink About19-48 - ResolutionRESOLUTION NO. 19-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2018--00028 AMENDING THE REGULATIONS FOR TEMPORARY USE PERMITS; MAKING FINDINGS IN SUPPORT THEREOF; AND MAKING A DETERMINATION THAT THE AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018- 00028, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the Amendment'. 2. A Temporary Use Permit ("TUP") allows for the temporary utilization of a property for a special, unique, or limited duration use such as a festival, parade, outdoor sporting event, or for seasonal sales. 3. On August 14, 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. 19-48, recommending that the City Council of the City of Rancho Cucamonga adopt this Amendment. 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 the Planning Commission during the above -referenced public hearing on August 14, 2019, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The Amendment applies to property located within the City; and b. The City proposes to amend the Development Code as outlined in Exhibit A of the Staff Report. The Amendment updates the temporary use permit regulations to reflect new types of temporary activities and improves the processing of TUP applications for both applicants and staff; and C. The Amendment proposes to revise Municipal Code Section 17.16.070. Changes to Section 17.16.070 increases the number of days a TUP application must be filed prior to the event date to 15 days. Section 17.16.070 also includes a new process for revoking a TUP. PLANNING COMMISSION RESOLUTION NO. 19-48 DRC2018-00028 August 14, 2019 Page 2 d. The Amendment also proposes to revise Section 17.60.020(D) of the Municipal Code. Section 17.60.020(D) includes revisions to regulations pertaining to temporary outdoor storage of materials. Temporary outdoor storage is subject to the requirements of a Temporary Use Permit; and e. The Amendment also proposes to revise Chapter 17.104 of the Municipal Code. Chapter 17.04 includes new general development standards for TUPs as well as regulations pertaining to specific temporary uses (e.g. concerts, food trucks). Definitions for individual specific temporary uses have also been added. 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 that the proposed Amendment is consistent with the General Plan's goals, policies, and implementation programs and concludes as follows: a. General Plan Community Services Policy CS-2.3 is "aimed at continuing to promote and develop special events that enrich the lives, celebrate and honor diversity, and bring all residents together in Rancho Cucamonga." Temporary use permits provide a simple way to regulate short-term activities and special events that can bring residents together and often create an enhanced quality of life and promote economic development. The amendment to the TUP regulations will broaden the types of activities subject to a temporary use permit, clarify the standards applied to temporary uses, and generally make the administration of temporary uses easier thereby facilitating such events/uses as sales and grand openings, art shows, charity events, carnivals, food trucks, pop-up restaurants or crafts shops, produce stands, Christmas tree stands, fireworks stands, and car shows; and b. General Plan Land Use Policy LU-1. i states, "Protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment." Temporary use permits are intended to allow community events and activities for limited time periods in locations where the uses may not otherwise be allowed in the applicable zone. The TUP process strikes a balance between allowing such uses while continuing to protect neighborhoods; and C. Economic Development Policy ED-2.3 states, "Expand recreation and cultural attractions to enhance tourism/visitor potential and to boost sales and transient occupancy tax." The revised TUP regulations provide greater clarity on the requirements for temporary uses that could be regionally significant (e.g., concerts, outdoor sporting events) and which could draw visitors from beyond the City; and d. Public Health and Safety Policy PS-13.4 states, "Require that acceptable noise levels are maintained near residences, schools, health care facilities, religious institutions, and other noise sensitive uses in accordance with the Development Code and noise standards contained in the General Plan." A common development standard for temporary uses has been added to the TUP regulations calling for the provision of noise attenuation measures to the satisfaction of the planning director. 4. 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 PLANNING COMMISSION RESOLUTION NO. 19-48 DRC2018-00028 August 14, 2019 Page 3 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. Furthermore, the Amendment pertains to a ministerial action — issuance of a temporary use permit — which is statutorily exempt from CEQA and which relates to uses that are by their very nature short in duration and without permanent change to the land. 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. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00028, as indicated in Attachment A incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14T" DAY OF AUGUST 2019. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA M ATTEST: Matt Pun-K, Secretary I, Matt Burris, Secretary of the Planning Commission for 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 14'h day of August 2019, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:OAXACA ABSTAIN: COMMISSIONERS: