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Home My WebLink About824 - OrdinancesORDINANCE NO. 824 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2009-00432, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITED USE WITHIN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA ARBORS MASTER PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. On December 9, 2009, 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 DRC2009-00432 and, following the conclusion thereof, adopted its Resolution No. 09-44, recommending that the City Council of the City of Rancho Cucamonga adopt said Victoria Community Plan Amendment. 2. On January 6, 2010, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Victoria Community Plan Amendment. 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 January 6, 2010, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to the Victoria Community Plan; and b. The proposed Victoria Community Plan Amendment would only affect the property located at the south east corner of Base Line Road and Day Creek Boulevard within the Village Commercial District of the Victoria Arbors Master Plan within the City of Rancho Cucamonga; and c. The application would conditionally allow massage establishments within the Village Commercial District of the Victoria Arbors Master Plan. Concurrently the Victoria Arbors Master Plan is being amended to conditionally allow massage establishments within the Village Commercial District of the Victoria Arbors Master Plan; and d. This amendment does not conflict with the Land Use Policies of the General Plan and will provide a service within the district in a manner consistent with the General Plan and with related development; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties; and f. That the proposed amendment is in conformance with the General Plan. 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, the Victoria Community Plan Amendment is hereby amended to change the Commercial Standards section of said Victoria Community Plan, in words and figures, as shown in the attached Exhibit "A." SECTION 4: 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 there under, pursuant to Section 15061(b)(3). In this case, the Ordinance constitutes a text amendment and will not have a significant impact on the environment. 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 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 Vallev 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 fhe lollow/ng page !or lormal atlopfion, certi/iwfion and s/gnafwes Ordinance No. 824 -Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 20`" day of January 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth` M.D., Mayor ATTEST: ~. J nice C. Reynolds, Cit lerk 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 6`" day of January 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20`" day of January 2010. Executed this 21 s` day of January 2010, at Rancho Cucamonga, California. ~u~~ , nice C. Reynolds, City rk Ordinance No. 824 -Page 3 of 4 COMMERCIAL STANDARDS General praws!ons for land uses des!gnated as P.egionat Center, Regional-relatetl Commercial and Village Commercial Site Development Standards (1j Budding sde coverage- No maximum subject ro Development Approval Process (2) Building site width. 150-fool m!rnmum (3) Bu!Idino height: 65 feef typical maximum, buildings over 65 feet subject to a Condiijonal Use Permit Uses not permitted w!thin the Planned Community • fviassage Parlors, except as conditlonali ;~ permitted wdhin the Victoria Arbors Roaster Plan _ • "Adult" Entertainment Establishments Shooo!na Centers. To ensure that fhe goals and pof!cies of the General Plan and Community Plan are implemented, a Conditional Use Permit shall be reouired for shopping centers In such a review, the following criteria shall be considered (1) The transition from more sensitive land uses and buffering methods tc mitigate commercial activities such as load!ng, lighting, and trash collection; (2) The Center has been planned as a group of organized uses and structures, (3) The Center is des!gned with one theme, with buildings and landscaping consistent in design (sim(iar archRectural style, similar extend; building materials, and a coordinated landscapina theme); (4} The Center makes provisions for consisterf maintenance, reciprocal access, and reciproal parking: (5) Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system, and (6} The development or approval of any portion of a center shall require the development of a conceptual development plan, which shall consider such things as, but not limited to, circulation, uniform architectural des!gn, drainage/grading, buffers, phased improvements, and landscaping Regional Center a. The following general categories of uses shall be oermdted (1) P,etad businesses, including, but not limned to • Discounistores - Department stores • Drua stores EXHIBIT A Ordinance No. 824 -Page 4 of 4