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Home My WebLink About797 - OrdinancesORDINANCE NO. 797 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2008-00566, TO PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING RECREATIONAL VEHICLE AND MINI-STORAGE IN ALL RESIDENTIAL DISTRICTS 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 Etiwanda North Specific Plan Amendment DRC2008-00566 and, following the conclusion thereof, adopted its Resolution No. 08-37, recommending that the City Council of the City of Rancho Cucamonga adopt said 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 Victoria Community Plan Amendment DRC2008-00561 and recommended approval of those amendments. 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 Etiwanda North Specific Plan area of the City of Rancho Cucamonga; and b. The proposed amendment contemplates prohibiting public storage facilities, including recreational vehicle and mini-storage from the Low (L) Residential land use category; and c. Because the current text in the Etiwanda North Specific Plan allows such uses in the Low (L) residential zone with an approved Conditional Use Permit, impacts to residents located near or adjacent to such facilities such as noise, glare, night time lights, security and perceived loss of property value may arise to be detrimental to their health, safety and could be materially injurious to those residential property owners; and Ordinance No. 797 Page 2 of 5 d. The development of additional storage facilities within the Residential land use category could be found to be incompatible with the goal of reflecting the rural setting of the area: and 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). Because the current text in the Etiwanda North Specific Plan allows such uses in the Low (L) residential zone, 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. 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 SECTION 4: Section 10.2.3, Table 3 -Use Regulations for Residential Districts is hereby amended as shown on the attached Exhibit A. 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 following page /or lormal adoption, certificat/on and signatures Ordinance No. 797 Page 3 of 5 PASSED, APPROVED, AND ADOPTED this 1st day of October 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED.:. None ATTEST: -' ~~ , ~ ~~ Kathry 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 17'h 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. ~~ , - ~~z~ Kath4yn L. colt, CMC Acting City Clerk EXHIBIT A Ordinance No. 797 TABLE 3 -USE REGULATIONS FOR RESIDENTIAI. DISTRICTS Page 4 of 5 USE HRE VLE HR. VL L A. Residential Uses 1. Single Family Detached P P P P P B. Otber Uses 1. Church C C C 2. Club, Lodge, Fraternity and Sorority C 3. College or University C C' C 4. Public Facility - C C C C 5. Day Caze Facility Accessory - 6 or less P P P P P Non-Accessory - 7 or more C C C 6. Fire and Police Station C C C C 7, Golf Course, Tennis Club, Country Club (private) C C C C C 8. Public Pazk and Playground P P P P 9. Resideadal Caze Facility Accessory - 6 or less P P P P P Noa-Accessory - 7 or more 10. Schools, Private and Pazocltial C - C C 11. Stable, Commercial C C 12. Stable, Private (min. 20,000 SF lot siu) P P. P P 13. Utility or Service Facility C C C C C C. Accessory Uses 1. Accessory Strucrure P P P P P 2: Antenna P P P P P 3. Cazetaker's Residence C C C C C 4. Guest House P P P P P III-8 Ordinance No. 797 TABLE 3 - (CONTINUED) USE REGULATIONS FOR RESIDENTIAL DISTRICTS Page 5 of 5 USE HRE VLE HR VL L 5. Home Occupation P P P P P 6. Lodging Unit P P P 7. Other Accessory Uses p p p p P 8. Private Garage P P P P P 9. Private Swimming Pool P P P P P o ding elder cottage) C C C C - 1 L Recreational Vehicle Storage Yazd 1 ee ack tore (f accessory to co ercia] stable) C C 13. Dormitory (f accessory to college or school) C C C D. Temnorazv Uses 1. Temporary Uses as prescribed in Development Code Section 17.04.070 and subject to those provisions. P p p p p 1. Temporary trailers for use is conjunction with religious and agricultural uses for a specified interim period. C C C NOTE: For definitions see Development Code, Section 17.02.140 ~~~Z III-9