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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