HomeMy WebLinkAbout846 - OrdinancesORDINANCE NO. 846
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC2009-00414, A REQUEST TO AMEND
SECTIONS 17.02 (ADMINISTRATION) AND SECTIONS 17.08
(RESIDENTIAL DISTRICTS), TO REGULATE COMMUNITY
GARDENS; AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code
Amendment DRC2009-00414, as described in the title of this Ordinance. Hereinafter in this
Ordinance, the subject Development Code Amendment is referred to as "the Amendment."
2. June 3, 2009, the City Council approved a request to initiate a Development 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. 11-21, 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 the property located within the City; and
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 15061(b)(3) of the State CEQA Guidelines
because the text amendment is for clarification purposes and will not result in the intensification
of environmental impact. It can also be demonstrated with certainty that the text amendment to
clarify and update the regulation of Community Gardens will not have any significant impact 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 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 17.08.070.0.12. (Residential) of the Rancho Cucamonga
Development Code (Table 17.08.030 -Use Regulations for Residential Districts) is hereby
added to read, in words and figures, as shown in Attachment B.
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 Vallev
Dailv 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 /o/lowing page
/or /ormal atlopfion, certl/icafion antl signatures
Ordinance No. 846 -Page 2 of 5
PASSED, APPROVED, AND ADOPTED this 15' day of June 2011.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
~~
L. Dennis Michael, Mayor
ATTEST:
lit; w
a ice 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 18'" 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 s' day of June 2011.
Executed this 2nd day of June 2011, at Rancho Cucamonga, California.
~~~~
ice C. Reynolds, City CI
Ordinance No. 846 -Page 3 of 5
ATTACHMENT A
Development Code Section 17.02.140.C (Definitions) is hereby amended to add the following
Community Gardens: A privately or publicly owned vacant parcel of land used by the
community or a neighborhood for the growing of fruits, vegetables and culinary herbs for
personal consumption and/or to be offered for sale on site or at a local Certified Farmers'
Market.
Ordinance No. 846 -Page 4 of 5
Rancho Cucamonga Development Code 17 08 030
Table 17.08.030- Use Regulations for Residential Districts
USE VL L LM M MH H
A. Residential Uses
1. Single-Family Detached
p
p
p
p•
_
_
2. Single-Family Attached (du-, tri- and
four-plex) p P P p
3. Multiple Family Dwellings - _ p~ p p p
4. Mobile Home Parks C C C C C C
B. Other Uses
1. Animal Care Facility
C
-
-
-
_
_
2. Cemetery C C C C C C
3. Church C C C C C C
d mitt' ri - C C
5._ College or Univers' C C C C C C
6. Community Gardens C C C C C C
7. onvalesc nt Center - - C C C C
8. Public Facility C
9. Day Care Facility
Accessory - 6 or less
Non-Accessory - 7 or more
p
C
p
C
p
C
p
C
p
C
p
C
10. Fire 8 Police Station C C C C C C
11. Hospital - - C C C C
12. OutrJoor Recreation Facility
(non-commercial) C C C C C C
13. Public Park and Playground P p p p p p
14. Residential Care Facility
Accessory - 6 or less
Non-Accessory - 7 or more
p
-
p
-
p
C
p
C
p
C
p
C
15. Schools, Private & Parochial C C C C C C
16. Stable, Commercial C - - _ _ _
17. Stable, Private p _ _ _ _ _
ATTACHMENT B 17.08-3 2/08
Ordinance No. 846 -Page 5 of 5