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