HomeMy WebLinkAbout825 - OrdinancesORDINANCE NO. 825
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA
ARBORS MASTER PLAN AMENDMENT DRC2009-00739, A
REQUEST TO AMEND THE VICTORIA ARBORS MASTER
PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A
CONDITIONALLY PERMITED USE WITHIN THE VILLAGE
COMMERCIAL DISTRICT, 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 Arbors
Master Plan Amendment DRC2009-00739 and, following the conclusion thereof, adopted its
Resolution No. 09-45, recommending that the City Council of the City of Rancho Cucamonga
adopt said Victoria Arbors Master 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 Arbors Master Plan Amendment.
3. All legal prerequisites prior to the adoption of this Ordinance have occurred
8. 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 Village Commercial District of the Victoria Arbors
Master Plan; and
b. The proposed Victoria Arbors Master Plan Amendment would currently only
affect the property located at the south east corner of Base Line Road and Day Creek
Boulevard 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
Community Plan is being amended to 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 Arbors Master Plan Amendment is hereby amended to change the
Village Commercial Conditionally Permitted Use section of said Victoria Arbors Master 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 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 /ollowing page
/or formal atloption, certification antl slgnatnres
Ordinance No. 825 -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
J. Kurth, M. D., Mayor
ATTEST:
anice C. Reynolds, City rk
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`h 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 21S` day of January 2010, at Rancho Cucamonga, California.
ice C. Reynolds, City Cle <
Ordinance No. 825 -Page 3 of 4
(7) Massage establishments
($) Shopping centers subject to provision and
approval of a master plan/ewtceptnal
development plan.
•
(9) Conditionally permitted Conmtunif_v
'Facilities listed below.
(Ul) Conditional permitted uses listed under
Neighborhood Commercial in the
Development Code.
a Si[e Development Standards -Per Development
Code.
D. t~RXED USE COb1MUNITY FACILITIES
The Conununity Facilities section of the Victoria Arbors
Master Plan is established to provide for community
support uses and those additional uses which are found to
be compatible with the basic pet7nitted uses by the Site
Plan Review Process procedure.
a. t7ses Permirled
(1) The following uses shall be permitted
within Residential xnd Commercial Laad
Use aieas in Victoria Arbors:
• Small family Dxy Caze in the home.
providing care fox su: (6) or less
persons
• Public Park and Playground
• General Open Space uses
• Accessory structures and uses
necessary or customarily incidental to
.the .above as provided far in the
Rancho Cucamonga Development
Code.
LAI.'U UE • Cl.fAY7=A 7 1 )
'v ifrt7R1A ARUORS MA57ER Fl1.t~
Ordinance No. 825 -Page 4 of 4