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HomeMy WebLinkAbout833 - OrdinancesORDINANCE NO. 833 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00336, AMENDING THE DEFINITION OF A "CHURCH" IN SUBSECTION (C) OF SECTION 17.02.140 (DEFINITIONS) OF CHAPTER 17.02 (ADMINISTRATION) OF TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2010-00336 (the "Amendment"), as described in the title of this Resolution. 2. On May 5, 2010, the City Council voted to initiate the Amendment. 3. On June 23, 2010, the Planning Commission conducted a duly noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 10-23, recommending that the City Council adopt the Amendment. 4. On August 4, 2010, the City Council conducted a duly noticed public hearing on the Amendment. 5. 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 August 4, 2010, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The Amendment applies to property located within the City; and b. The Amendment will provide a clear definition of "CHURCH" to staff and the public, and therefore the Amendment promotes consistent application of law such that the City does not impose a substantial burden on a religious institution; and c. The Amendment does not conflict with the Land Use policies of the General Plan, and is in conformance with the General Plan; and d. The Amendment will promote the goals and objective of the Development Code by implementing the goals and objectives of the General Plan, protecting the stability of land uses within the City, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and e. The Amendment will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. SECTION 3: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guidelines Section 15061(b)(3) because the proposed text changes are for clarifying purposes and will not result in an intensification of environmental impacts. It can also be demonstrated with certainty that there is no substantial evidence that the text amendment to clarify the definition of "CHURCH" will have a significant effect on the environment. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. SECTION 4: Based upon the findings and conclusions set forth in Sections 1, 2, and 3 above, the definition of "CHURCH" in Subsection (C) of Section 17.02.140 (Definitions) of Chapter 17.02 (Administration) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: CHURCH: A use provided by a legally constituted religious organization, in a building or buildings maintained solely for and limited to public and family worship of a deity or deities, together with buildings and uses that are accessory thereto, and limited to the teaching of religious dogma, accessory social functions, and one single-family dwelling for use as a minister or caretaker residence. This definition includes synagogues, temples, mosques, and other buildings used for the purposes stated herein, but excludes day care centers, community recreation facilities, and private and/or secondary educational facilities. 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 final 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 word 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 /ormal atloption, rnrtllicafion and signatures Ordinance No. 833 -Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 18`h day of August 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth,''M`Q., Mayor ATTEST: nice C. Reynolds, City CI' k 1, 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 4t" day of August 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of August 2010. Executed this 19`" day of August 2010, at Rancho Cucamonga, California. nice C. Reynolds, City Jerk Ordinance No. 833 -Page 3 of 3