HomeMy WebLinkAbout830 - OrdinancesORDINANCE NO. 830
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC2009-00691, AMENDING TABLE
17.30.030 USE REGULATIONS FOR INDUSTRIAL DISTRICTS
BY REMOVING FUNERAL AND CREMATORY SERVICES AS A
CONDITIONALLY PERMITTED USE IN SUBAREA 4 (GENERAL
INDUSTRIAL DISTRICT) AND SUBAREA 6 (INDUSTRIAL
PARK DISTRICT), ADDING CREMATORY SERVICES AS A
CONDITIONALLY PERMITTED USE IN SUBAREA 14
(GENERAL INDUSTRIAL DISTRICT) AND MODIFYING THE
DEFINITION OF FUNERAL AND CREMATORY SERVICES
UNDER SECTION 17.30.030, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals
1. The City of Rancho Cucamonga filed an application for Development Code
Amendment DRC2009-00691, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Code Amendment is referred to as "the application."
2. In order to protect the public health, safety, and welfare, on August 5, 2009, the City
Council adopted a 45-day Interim Ordinance to prohibit the establishment and/or operation of
human and animal crematories in any land use zone within the City of Rancho Cucamonga.
The purpose of the Interim Ordinance was to permit staff adequate time to analyze the land use
impacts of crematoriums and to find potentially suitable locations within the City of
Rancho Cucamonga. '.
3. In order to protect the public health, safety, and welfare and as permitted under
Government Code Section 65858 and following an advertised public, hearing, on
September 2, 2009, the City Council extended the Interim Ordinance an additional 10 months
and 15 days. The extension of the Interim Ordinance maintains the current prohibition until
August 2, 2010. The purpose of the Interim Ordinance extension was to permit staff adequate
time to continue to analyze the land use impacts of crematoriums and to find potentially suitable
locations within the City of Rancho Cucamonga.
4. On Feb 17, 2010, the City Council by minute action approved the initiation of
Development Code Amendment DRC2009-00691.
5. On March 24, 2010, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Development
Code Amendment DRC2009-00691 and, following the conclusion thereof, adopted its
Resolution No. 10-14, recommending that the City Council of the City of Rancho Cucamonga
adopt Development Code Amendment DRC2009-00691.
6. On May 5, 2010 the City Council of the City of Rancho Cucamonga conducted a duly
noticed public hearing on the application.
7. 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 May 5, 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 property located within the City; and
b. An Initial Study was prepared for the code amendment and the Initial Study finds that
that all environmental impacts from the code amendment are either of no impact or less than
significant impact; therefore the proposed amendment will not have a significant impact on the
environment; and
c. This amendment does not conflict with the Land Use Policies of the General Plan
and will provide for development within Subarea 14 of the Industrial Districts in a manner
consistent with the General Plan and with related development. Subarea 14 is zoned General
Industrial and is geographically suitable to conditionally permit crematoriums since it is adjacent
to only one other Subarea, (Subarea 15 -Heavy Industrial). There are no existing sensitive
uses within Subarea 15 that would be adversely impacted by a future crematory use within
Subarea 14; and
d. This amendment does promote the goals and objectives of the Development Code.
Specifically, the Industrial Districts have a stated objective to organize land uses in a logical
manner that avoids nuisance impacts between land uses. There are no existing or planned
sensitive uses, including, but not limited to, hospitality or restaurants uses that would be
adversely affected by being in the proximity of a future crematory; and
e. The proposed amendment will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity. The proposed text
amendment will conditionally permit future crematories within Subarea 14. Subarea 14 is zoned
General Industrial, and future crematories will require a public hearing and air quality analysis to
ensure that all impacts are mitigated to a less than significant level; and
f. The subject application is consistent with the objectives the Development Code, as
the Development Code seeks a variety of industrial uses that will serve the City of Rancho
Cucamonga and San Bernardino County. The text amendment will provide for crematories
within Subarea 14 with an approved Conditional Use Permit in a geographic location that is
suitable because of its industrial land use composition; and
g. The proposed amendment is in conformance with the General Plan. The General
Plan strives for land uses that serve local and regional needs. The City of Rancho Cucamonga
presently does not have a crematory or a cemetery, and modern crematories provide one of
several options for the final disposition of human or animal remains.
SECTION 3: 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 a Negative Declaration based
upon the findings as follows:
Ordinance No. 830 -Page 2 of 5
a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local
CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects
of the project. Based on the findings contained in that Initial Study, City staff determined that
there was no substantial evidence that the project would have a significant effect on the
environment. Based on that determination, a Negative Declaration was prepared. Thereafter,
the City staff provided public notice of the public comment period and of the intent to adopt the
Negative Declaration.
b. The City Council has reviewed the Negative Declaration and all comments received
regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the
Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no
substantial evidence that the project will have a significant effect on the environment. The City
Council further finds that the Negative Declaration reflects the independent judgment and
analysis of the City Council. Based on these findings, the City Council adopts the Negative
Declaration.
c. The custodian of records for the Initial Study, Negative Declaration and all other
materials which constitute the record of proceedings upon which the City Council's decision is
based is the Planning Director of the City of Rancho Cucamonga. Those documents are
available for public review in the Planning Department of the City of Rancho Cucamonga
located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909)
477-2750.
SECTION 4: Based upon the findings and conclusions set forth in Sections 1, 2 and 3
above, this Council hereby approves Development Code Amendment DRC2009-00691 as
follows:
SECTION 5: Table 17.30.030 Use Regulations for Industrial Districts, is hereby amended
to read, in words and figures, as shown in the attached Exhibit "A."
SECTION 6: The following Land Use Type Definition found in Section 17.30.030-D-4-z is
hereby amended to read as follows:
Crematory Services: Activities typically include, but are not limited to, services involving
the care, preparation, and disposition of human and/or animal remains by means of
cremation. Uses typically include, but are not limited to: crematories and crematories with
embalming services.
SECTION 7: 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 8: 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 /ormal adop[ion, certi/ica[ion and signatures
Ordinance No. 830 -Page 3 of 5
PASSED, APPROVED, AND ADOPTED this 19`" day of May 2010.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: .None-
ABSENT: None
ABSTAINED: None
Donald J. Kurth; M.D., Mayor
ATTEST:
Nice C. Reynolds, City C 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 5`" day of May 2010, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
19`" day of May 2010.
Executed this 20`" day of May 2010, at Rancho Cucamonga, California.
Z'° ~G(//~--
J nice C. Reynolds, City erk
Ordinance No. 830 -Page 4 of 5
Rancho Cucamonga Development Code Section 17.30.030
6
Table 17.30.030 Continued - Use`R[~oltlarinnc a.,. l..a..~..:_r r,:_.. _._
USE TYPES '~ LAND USE IP GI GI GI GI GI IP IP GI MUHI GI GI IP GI GI HI IP IP MUlOS
SUBAREAS HO 1 ~ 2 3 q 5 6 7 6 9 16 11 12 73 14 15 16 17 18
coi~claL
Adull Emertainment ~ ~
A
ricutturaVNUrse
S
li A A A A A A A A A A
g
ry
upp
es & Services P P P _ p P
Anhnal Cere P P P
C C C C
Automotive Fleet Storage
C
C
C C C C C _
Automotive Fueling Services
C C P C C p
Automotive Rental P P P P p ~p p
Auomotive/Light Truck Repair-Minor
P
P
p
p
p p p
Automotive/TruGC Re
l
M p p p P
pe
r -
ajor ~P C p p p
Atnornotive Sales a
tl L
i P C C C
n
eas
ng C C C
Automotive SerNc
C
rt C
e
ou P P P P C P ~~
Automotive Serv
St
ti P P P Z
~
e
a
on C C C C C C C .
"
Building Contrectofs Office 8 Yen1s
'P
P
P
~ C ~C C C C :4i:
:~~:
But7din
Contractors St
Y ~ P P P P P P P P ;.::~C~.+.;}i
g
orage
aN - ~. . , ..
BuOding Maintenance Services P P ~P p P ~'U''~~`
Buildin
8 D
ht E
i
t S P P P p p p ~~
~
~
~~
g
g
qu
pmen
upplies & Sales P C P C C ~
~
Business Supply Retell & Services
P'
P P P C P C C P ~~(
(,,~~
.~R17 i
~
Business Su
ort Servi P P P P P P P P P P P ,
~~Q'•{,•~
pp
ces - P' P C P P C P P P ~ ~
~~ ~~~
Communication Servi C P P P P P P ~~
"
~
~
'
ces _ p p p p p p P p p r:.;p,
..
.
.
Convenience S
l
& S p P p P p p P -'~
a
es
ervices C C P ~~~
Enlarlainment C C C C C C '~~-
.W
Extensive Im ~
acrCa
i
l C C C C C C 'a''
p
mmem
a
Fest Food Sal
C
C
C -
.
m ~
-_
es C- C C C C .
:
;
Financial, Insurance & Reel Estate Services
P
P
P
~ C C C
~
Food & B
v
S
l P P P P C P C C P P ~
e
ere
a
es C' C C C C C C
u e I & Creme S
Mer1E~ C C C
e ces
ee i
me a c
~~
p
enffiIs C C C C P C C p
HoteVMOtei p
P
P
p stL:~ ~~
.::~;.:
Indoor Wtiolesele/Retell Commercial C 'S
~
Laund
Sevices C C C C C G C .
~.
`
ry P p p p
MedlcalMealih Care Services
P
P P P P P
Personal Services
C'
C p p p p p p p p P P
Petroleum Products Stora
e P p P P P C P
P
p
~'~
g
Recreation Fecilllies ~
C
C
C
C C
C
C
C C
P C C C C
Repair Services -
P
P
C
P
P C C P
p
P
Restaurants P P P P P P P P C .
Restaurants with Bar or Entertainment
C
C p p p P P p
Specially Building 5u
iies & H
I C C C C C
pp
ome
mprovement p p
Warehouse-Style Reran Merch
di
i
" C
an
s
ng
C
NOTES:
IP
HO
GI
MI/HI
HI
• Indusirial Perk
- Haven Avenue Overlay District
- General Industdal
- Minimum Impact Heavy Industrial
• Heavy Industrial
- Ancillary uses limited to 20 percent of the
floor area per Section 17.30.DBO.S.b.
- Refer to Subarea 12 Special Considerations
for atlditional restrictions
P -Permitted Use
C ~ -. Conditionally Permittetl Use
^ ~ "- Non-Marked uses not permitted
A -Adult Enlenainment Zoning Permit Required
MU/OS -Mixed UselOpen Space
P' -Permitted with Master Plan approval for 35
acres minimum
17.30-B
EXHIBIT A
11 /00
GLr'Y"'~
GR~'SC:aEs
Ordinance No. 830 -Page 5 of 5