HomeMy WebLinkAbout796 - OrdinancesORDINANCE NO. 796
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA
COMMUNITY PLAN AMENDMENT DRC2008-00561, TO
PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING MINI-
STORAGE IN ALL RESIDENTIAL DISTRICTS AND REVOKING
ORDINANCE NO 287 (VCPA 85-01)
A. Recitals.
1. On August 13, 2008, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Victoria
Community Plan Amendment DRC2008-00561 and, following the conclusion thereof, adopted
its Resolution No. 08-36, recommending that the City Council of the City of Rancho Cucamonga
adopt said Victoria Community Plan Amendment.
2. Also on August 13, 2008, the Planning Commission of the City of Rancho
Cucamonga considered the related Development Code Amendment DRC2008-00196 and
recommended approval of that amendment.
3. On September 17, 2008, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the proposed Victoria Community Plan Amendment.
4. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above-referenced public hearing on September 17, 2008, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The proposed amendment applies to properties within the Victoria Community
Plan area of the City of Rancho Cucamonga; and
b. The proposed amendment contemplates revoking Ordinance No. 287 which
currently provides for such storage facilities within the Medium-High and High residential land
use categories, thereby prohibiting public storage facilities, including mini-storage from the
Medium-High and High residential land use categories; and
c. Because the current text in the Victoria Community Plan allows such uses in
residential zones, storage facilities have been developed in these areas. Subsequent to that
development, the impacts to residents located near or adjacent to such facilities such as noise,
glare, night time lights, security and perceived loss of property value are found to be detrimental
to their health, safety and could be materially injurious to those residential property owners; and
d. The application further requires a Conditional Use Permit be issued for all
future storage facility applications regardless of the zone designation; and
Ordinance No. 796
Page 2 of 3
e. The subject amendment identified in this Ordinance is exempt from the
requirements of the California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder, pursuant to Section 15061 (b) (3). In this case, the
ordinance constitutes a text amendment that further restricts and/or limits the possible locations
of future storage facilities that will serve to reduce potential significant impacts. The City
Council has reviewed Staff's determination of exemption, the Planning Commission's adoption
of that exemption, and further concurs with the determination of exemption.
SECTION 3: Based upon the substantial evidence presented to this Council during the
above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1
and 2 above, this Council hereby finds and concludes as follows:
a. This amendment does not conflict with the Land Use Policies of the General
Plan and will provide for development, within the district, in a manner consistent with the
General Plan and with related development; and
Code; and
b. This amendment does promote the goals and objectives of the Development
c. The proposed amendment will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity; and
The proposed amendment is in conformance with the General Plan.
SECTION 4: Ordinance No. 287 is hereby revoked.
SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, or preempted by legislative enactment, such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. The City
Council of the City of Rancho Cucamonga hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless
of the fact that any one or more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published within 15 days after its passage at least once in the Inland Valley
Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
Please see the /allowing page
Ior larmal adoption, certlllcation antl signatures
Ordinance No. 796
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 1~' day of October 2008.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
l!L~"~ . r n ~ ~@D~
Kath n L. Sc tt, CMC Acting City Clerk
I, KATHRYN L. SCOTT, ACTING CITY CLERK of the City of Rancho
Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a
Regular Meeting of the Council of the City of Rancho Cucamonga held on the 17th day of
September 2008, and was passed at a Regular Meeting of the City Council of the City of
Rancho Cucamonga held on the 1 st day of October 2008.
Executed this 2nd day of October 2008, at Rancho Cucamonga, California.
,~ ~ ~~~~
Kathryn L. $cq t, CMC, Acting City Clerk