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HomeMy WebLinkAbout843 - OrdinancesORDINANCE NO. 843 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00946, A REQUEST TO AMEND SECTIONS 17.02 (ADMINISTRATION), 17.04 (PERMITS), 17.10 (COMMERCIAL/OFFICE DISTRICTS), AND 17.32 (FOOTHILL BOULEVARD DISTRICTS) TO REGULATE CERTIFIED FARMERS' MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application far Development Code Amendment No. DRC2010-00946, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Code Amendment is referred to as "the amendment." 2. On December 1, 2010, the City Council approved a request to initiate a Municipal Code Amendment. 3. On April 27, 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced amendment and, following the conclusion thereof, adopted its Resolution No. 11-18, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 4. On May 18, 2011, the City Council of the City of Rancho Cucamonga 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 May 18, 2011, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. 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 is in conformance with the General Plan; and d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; 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; and f. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15304(e) of the State CEQA Guidelines because the text amendment is for clarification purposes for Farmers' Markets and will not result in the intensification of environmental impacts. It can also be demonstrated with certainty that the text amendment to clarify and update the regulation of Farmers' Markets and not have any significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of exemption. SECTION 3: Section 17.02.140.0. (Definitions) of the Rancho Cucamonga Development Code is hereby amended to read, in words and figures, as shown Attachment A. SECTION 4: Section 17.04.070.0.12. (Certified Farmers' Markets) of the Rancho Cucamonga Development Code is hereby added to read, in words and figures, as shown in Attachment B. SECTION 5: Table 17.10.030 (Use Regulations for Commercial/Office Districts) of Section 17.10 (Commercial/Office Districts) of the Rancho Cucamonga Development Code is hereby amended to read, in words and figures, as shown in Attachment C. SECTION 6: Table 17.32.030 (Use Regulations for Foothill Boulevard Districts) of Section 17.32 (Foothill Boulevard Districts) of the Rancho Cucamonga Development Code is hereby amended to read, in words and figures, as shown in Attachment D. 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 formal adoption, certification and signatures Ordinance No. 843 -Page 2 of 8 PASSED, APPROVED, AND ADOPTED this 15' day of June 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ---"~s..:J~ L. Dennis Michael, Mayor ATTEST: ice C. Reynolds, City erk 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 18`h day of May 2011, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1~' day of June 2011. Executed this 2nd day of June 2011, at Rancho Cucamonga, California. ~d Qi`uLe ~ ~~~u-~i~~a- J ice C. Reynolds, City Cle Ordinance No. 843 -Page 3 of 8 ATTACHMENT A Development Code Section 17.02.140.C (Definitions) is hereby amended to add the following: Certified Farmers' Market: A temporary use where the primary activity is the outdoor sales of food and farm produce such as fruits, vegetables, nuts, herbs, eggs, honey, flowers, and food products from livestock, and that is certified by the State of California and operated in accordance with Article 1, Division 17, Chapter 10.5 of the Agricultural Code. Ordinance No. 843 -Page 4 of 8 Attachment B Development Code Section 17.04.070-Temporary Uses is hereby amended to add the following: 17.04.070.0.12. Certified Farmers' Markets Permitted subject to a Temporary Use Permit and the following minimum standards and conditions. a. Such use shall be limited to not more than 110 days in a calendar year.. To exceed this time limitation shall require the review and approval of a Minor Development Review as prescribed in Section 17.06.020. b. All activities shall have a minimum set back of 100 feet from any residential area. This may be waived by the Planning Director if in his opinion no adverse impacts would result. c. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Planning Director. d. 75% of the total farmer's market sales area must be for the sale of farm products such as fruits, vegetables, nuts, herbs, eggs, honey, livestock food products (meat, milk, cheese, etc.) or flowers and value added farm products such as baked goods, jams and jellies. The sale of ancillary products may occur but may not exceed 25% of the total sales area. e. Farmers' markets shall be certified and comply with the requirement of Chapter 10.5 Direct Marketing requirements of Division 17 or the California Food and Agriculture Code. f. All Farmers' Markets shall have a Market Manager authorized to direct the operations of all vendors participating in the market on site during hours of operation. g. Farmers' Market Managers shall obtain and have on site all operating and health permits during hours of operation. h. Operating rules, hours of operation, maintenance and security requirements shall be submitted for review to the satisfaction of the Planning Director. i. Farmers' Markets shall provide for composting, recycling, and waste removal in accordance with all applicable city codes. Farmers' Markets may be permitted on property designated Residential (L and VL) if owned by a Government Agency or Nonprofit entity. Ordinance No. 843 -Page 5 of 8 c Use OP NC GC 5. Appliance stores and repair. - p p 6. Arcades (see special requirements per Section 17.1 D.030 F.. ~ C C 7. Athletic and Health Club, gyms, and weight reducin clinics. P P P 8. Automotive sales and services (including motorcycles, boats, trailers, and campers). a. Sales. C - C b. Rentals. _ _ C c. Repairs (major engine work, muffler shops, painting, body work, and - - C upholstery). d. Coin-op washing. C C C e. Automatic washing. C C C f. Service or gasoline dispensing stations (including minor repair such as tune-ups, C C P brakes, batteries, tires, mufflers). g. Parts and supplies. - p p h. Tire sales and service (no outdoor storaoe . - P 9. Bakeries (retail only). _ p p 10. Barber and beauty shops. P P P 11. Bicycle shops. _ p p 12. Blueprint and photocopy services. p p p 13. Book, gift and stationary stores (other than adult related material). P P P 14. Candy store6 and confectionaries. P P 15. Catering establishments. _ _ p 6:~ mg and pre ing estab i en"~ts ~,~p ~ _ ~ ~ 17. Carpenter shop or cabinet shop. _ _ p 18. Certified Farmers' Markets.' _ p p 18. Cocktail lounge (bar, lounge, tavern) including ~F elated entertainment. ,~ a rated independent of a resta --'` - C b. Accessory to a restaurant. C I C I C ~ 19. Commercial recreation facilities. a. Indoor uses such as bowling, theaters, billiards, etc. C C P ~~~~CiE"~~E~~ Ci 17.10-3 10/08 Ordinance No. 843 -Page 6 of 8 Rancho Cucamonga Develoament Code Section 17.10.030 Use OP NC GC 72. Transportation facilities (train and bus, taxi depots). C C C 73. Trunk and trailer rental, sales and service.. - - C 74. Variety stores. - P P C. Public and semi-public uses 1. Day Care Facilities. C C C 2. Convalescent facilities. P - P 3. Hospitals. C - C 4. Private and public clubs and lodges, including C C C YMCA, YWCA, and similar outh rou uses. 5. Educational institutions, parochial, private (including C C C colleges and universities . 6. Libraries & museums, public or private. P P P 7. Parks and recreation facilities, public or private. C C C 8. Public utility installations. C C C 9. Vocational or business trade schools. C C C 10. Churches, convents, monasteries, and other C C C reli ious institutions. 11. Emergency Shelters - - C D. Accessory Uses 1. Accessory structures and uses customarily incidental to a permitted use and contained on the P P P same site. 2. Accessory structures and uses custgmarily incidental to a conditional use and contained on the C C C same site. 3. Caretakers residence. P P P 4. Amusement Devices, per Section 17.10.030-F. ~ P P P E. Temporary Uses 1. Temporary uses as prescribed in Section 17.04.070 P P P and subject to those provisions. C C C 2. Temporary ofTice modules, subject to provisions in Section 17.10.030-F.3. P=Pe edU ondition Use Perm Required i =Subject to a 'femporery Use Permit as pursuant to Section i7.04.070.i2 and defined in i 7.02.140 _ ti ~~ 17.1 D-6 10/08 Ordinance No. 843 -Page 7 of 8 Rancho Cucamonea Develnpn:eM Code Section ]7 3? 030 Table 17.32.030 -Use Regulations for Foothill Boulevard Districts Summary Table of Permitted (P), and Conditionally Permitted (C) Uses l (s/ RETAIL COMMERCIAL USES Subarea One Subarea Two Sub area Three Subarea Four MU' O MR P SC CC O MR MHR SC CC CO ILMR I MR U MU ~ RRC I MR Lls O Antique Sho s P I I I P I P I I I P I P I I I I P' P I P I i I Aooarel: I I I I a) Boutiques P I P I P I P P I P P P I b General P P I P I P P I P P A liance Stores and Repair P I P I P P P Art, Music, Photographic Studios antl Su I Stores P p p p p p P P P° C Auto Service Station C C C C C C C C C Auto Service (including trailers, motorcycles, boats, campers): a) Sales (with ancillary repair facilities) p p P P C b) Rentals I P I I I P I I I P I P I c) Minor Repair (does not include major engine work, muffler shops, paining, body lvcr!;, upholstery, etc.) C C C d) Coin-op Washing C C C e) Automatic Washing C C C C f Parts antl Su lies ~ P P P P I Bakeries (retail onl) P P P P P P P P P P Barber and Beaut Shops P P I P I P P P P P I P PI P ( P Bed and Breakfast C I I C I C I C C I C I C C I C I Bicycle Shoos P I I P P P P I I PI P I I I Blueprint and Photowov Services P P P P P I P I P P P Booe, G'rft and Statiatea matenall P P I P P I P P I P I P I P P P I I I C Ca antl Confecfionedes P~f ~ I P I I P P I I P PI P I Catering Establishments P I P P ~ P P P I Certified Farmers' Markets P P ( P J P P ', P P I China and Glassware Stores P I I I P -P I I P I I P P „ ri9tmas~e/Pumpkin 5 ots I (o eratin on a tempora basis P P it J Churches C C C I C- C C I C I C I C C C C C C C I C Cleaning and Pressing Establishments P p P I P P I P P P I I P P P C Cocktail Lounge (bar, lounge, tavern) including related entertainment G ( C C C C I C I C C I C I C( C Commercial Recreational: a) Indoor uses such as bowling and billiards P P P P P P P P P P b) Outdoor uses such as tennis and basketball C I C C C I C C C C I C Convalescent Facilities 8 Hos dots P P P P P P P P I P I P P P P 1 Refer to Subarea 4 Section 77.320aD.F.7.b (footnote 2). 2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30. 3 Subject to Master Plan requirements pursuant to 17.32.030.D. 4 Commercial/Dffice uses may be located in the RRC district only with the concurrent development or one major regionally retatetl anchor business of at least 15,000 square feet per site or project This provision is mtendetl to tadlitate the development of large, regionally related uses. R_pionally Relatetl Commercial uses are typifed by large scale businesses which serve a market area significantly larger tnan those businesses which craw wstomers pnmadiy from the neighbomood or wmmuniry level. 5 P '- torape may be loc RC d' ., on " ~.. build No outtloor s age is pe etl. . uolip storagR-p;~iy occupy a rtion o v~isting retail om ~ g provide0 tn_ ouilding is at lea 00,000 square feet, the public stooge use does not occupy the fist 100 toot deptn of storefront leasable area, and the public storage use does not occupy more than 50 pep:ent of the Around Ooer of the building. 6 Subject 1o a Temporary Use Permit pursuant to Section 77.04.070.12 and definetl in Section 1L02.140 ~ 32-11 4/09 1 Qj~F~C~~F~C~j Q Ordinance No. 843 -Page 8 of 8