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HomeMy WebLinkAbout804 - OrdinancesORDINANCE NO. 804 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00593 AMENDING SECTION 17.02.140C OF THE DEVELOPMENT CODE TO MODIFY THE DEFINITION OF LANDSCAPING TO ALLOW FOR THE USE OF SYNTHETIC TURF AND AMENDING SECTIONS 17.08.090C(5), 17.10.060C(1)(E), AND 17.30.O60F; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On October 22, 2008, and November 12, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning this matter and took action recommending adoption by the City Council of this Ordinance. 2. On December 17, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption of this Ordinance. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined and ordained by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: The facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts the Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. .SECTION 3: The proposed amendment is consistent and in conformance with the City's General Plan by encouraging the conservation of water supplies in coordination with the Cucamonga Valley Water District. Ordinance No. 804 Page 2 of 4 SECTION 4: Section 17.02.140C, Chapter 17.02, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by amending the definition of Landscaping to read as follows: a. Landscaping: An area devoted to or developed and maintained predominately with native or exotic plant materials including (4awa) turf (natural or synthetic), ground cover, trees, shrubs and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas), and sculptural elements. Section 17.08.090C(5), Chapter 17.08, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the text as follows: p. Synthetic turf is an appropriate substitute for natural turf for the purposes of water conservation. General guidelines for the use and maintenance of synthetic turf include: (1) Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1 3/4 inches. (2) A proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. (3) Synthetic turf shall be installed and maintained to effectively simulate the appearance of swell-maintained lawn. (4) The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. (5) Synthetic turf shall be installed in combination with only natural plant materials (i.e. trees, shrubs and groundcover) to enhance the overall landscaping design. Section 17.10.060C(1)(e), Chapter 17.10, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the text as follows: (20) Synthetic turf is an appropriate substitute for natural turf for the purposes of water conservation. General guidelines for the use and maintenance of synthetic turf include: (a) Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1-3/4 inches. (b) A proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. (c) Synthetic turf shall be installed and maintained to effectively simulate the appearance of swell-maintained lawn. Ordinance No. 804 Page 3 of 4 (d) The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. (e) Synthetic turf shall be installed in combination with only natural plant materials (i.e. trees, shrubs and groundcover) to enhance the overall landscaping design. Section 17.30.060F, Chapter 17.30, Title 17 of the Development Code of the City of Rancho Cucamonga is hereby amended by adding the text as follows: 9. Synthetic Turf: Synthetic turf is an appropriate substitute for natural turf for the purposes of water conservation. General guidelines for the use and maintenance of synthetic turf include: a. Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1 3/4 inches. b. A proper drainage system shall be installed underneath the turf to prevent excess runoff or pooling of water. c. Synthetic turf shall be installed and maintained to effectively simulate the appearance of swell-maintained lawn. d. The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. e. Synthetic turf shall be installed in combination with only natural plant materials (i.e. trees, shrubs and groundcover) to enhance the overall landscaping design. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Please see fhe following page for /ormal adoption, certi/icafion and signatures Ordinance No. 804 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 7th day of January 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M. ., Mayor ATTEST: nice C. Reynolds, Cit Clerk I, 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 Council of the City of Rancho Cucamonga held on the 17th day of December 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7th day January 2009. Executed this 8th day of January 2009, at Rancho Cucamonga, California. C ll~~iZGw ~anice C. Reynolds, C1 y Clerk