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Home My WebLink About859 - Ordinances ORDINANCE NO. 859 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2013-00097, A REQUEST TO AMEND TABLE 17.38.040-1 IN ARTICLE III OF THE DEVELOPMENT CODE IN ORDER TO CONDITIONALLY PERMIT ATTENDED CARWASHES WITHIN THE HAVEN OVERLAY DISTRICT TO PERFORM QUICK LUBE SERVICES, TO IMPLEMENT DISTANCE REQUIREMENTS TO LIMIT THE NUMBER OF CARWASHES WITHIN THE HAVEN AVENUE OVERLAY DISTRICT, AND INCREASE THE EXISTING SEPARATION REQUIREMENTS FOR SERVICE STATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On March 13, 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 13-16, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On April 3, 2013, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 3. 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 April 3, 2013, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City desires to amend the Development Code in order to (i) revise Development Code Table 17.38.040-1 (Allowed Land Uses and Permit Requirements for Haven Avenue Overlay Zoning District) by adding a note to the use title "Car Washing and Detailing" to include Quick-Lube services when part of an "attended" car wash; (h) limit the number of car washes within the Haven Avenue Overlay by adding "car washes" to the current Haven Avenue Overlay separation requirements for "service stations" ('/2 mile between service stations) and increase the major intersection distance requirement from the Haven Avenue/Foothill Boulevard and Haven Avenue/4th Street intersections from 800 feet to 'A mile; and (iii) include a requirement that Quick Lube facilities be fully screened from public view from the Haven Avenue right-of-way. b. The City has prepared the amendment which is included as Attachment 1. SECTION 3: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. The City Council hereby adopts the Negative Declaration of environmental impacts. SECTION 4: The City Council hereby adopts the Amendments to the Development Code attached to this ordinance and incorporated herein by reference as Attachment 1. SECTION 5: The Council hereby directs the City Clerk to make all necessary, non- substantive conforming revisions to the Municipal Code necessary to codify this Ordinance including, but not limited to, clerical corrections to section numbers, table and figure references and cross references a shown in Attachment 1. SECTION 6: 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 7: 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 following page for formal adoption,certification and signatures Ordinance No. 859 - Page 2 of 5 PASSED, APPROVED, AND ADOPTED this 17th day of April 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis Michael, M or ATTEST: i/A _ Z_ 24-1-_, • nice C. Reynolds, C.' Clerk 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 3rd day of April 2013, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of April 2013. Executed this 18`h day of April 2013, at Rancho Cucamonga, California. C. Reynold4cafS- ice , Clerk Ordinance No. 859 - Page 3 of 5 ATTACHMENT Development Code DRC2013-00097: Staff recommends the following amendments to Development Code Table 17.38.040-1. New text is shown in bold and deleted text is shown in strike out. TABLE 17.38.040-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR HAVEN AVENUE OVERLAY ZONING DISTRICT Land Use/Zoning District I- HA Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use C Community Center/Civic Use P Indoor Fitness and Sports Facility- Large C Indoor Fitness and Sports Facility-Small -C Park and Public Plaza C Public Safety Facility C School, Academic(Private) C School,Academic(Public) C School,College/University(Private) C School, College/University(Public) C Schools, Specialized Education and Training/Studio C Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording Studios P Park and Ride Facility P Parking Facility C Transit Facility C Utility Facility and Infrastructure—Pipelines e') P Retail, Service, and Office Uses Alcoholic Beverage Sales C Banks and Financial Services P Business Support Services P Call Centers C Child Day Care Facility/Center C Convenience Store C Furniture, Fumishing, and Appliance Store C Ordinance No. 859 - Page 4 of 5 Land Use/Zoning District HA Hotel and Motel P Massage Establishment P Medical Services, General P Office, Business and Professional P Office, Accessory P Restaurant, No Liquor Service • Restaur-( :eer -r>'(t urant, Full Iquor Service C Automobile and Vehicle Uses Car Washing and Detailing(2),(3),(4) C Service Stations(2),(3) I C Table Notes: ' (1) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of ._ a Conditional Use Permit. (2) Service stations and canvashes and detailing establishments am prohibited within ''A mile(800-feet)of the Foothill Boulevard/Haven Avenue and the 4th Street/Haven Avenue intersections. No service station or car washing and detailing establishment shall be closer than 14 mile of another service station or car washing and detailing establishment as measured from the nearest property line. (3) Service stations shall be designed to reflect the architectural standards and guidelines within the Haven Avenue Overlay District No corporate prototype°architecture design will be permitted. Service stations am only permitted when designed as part of,and designed consistent with,profession office complexes. (4) Full service attended car washing and detailing establishments are permitted to operate a Quick Lube oil change facility. Quick tube facilities that are part of an attended car wash shall be fully screened from the Haven Avenue - right-of-way. • Ordinance No. 859 - Page 5 of 5