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Home My WebLink About06-14 - Resolutions RESOLUTION NO. 06-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2005-01083, AMENDING TABLE 17.32.030 - USE REGULATIONS FOR FOOTHILL BOULEVARD DISTRICTS OF RANCHO CUCAMONGA DEVELOPMENT CODE, ADDING THRIFT STORES AS A CONDITIONALLY PERMITTED USE IN SUBAREA 2 OF THE COMMUNITY COMMERCIAL DISTRICTS, LOCATED ALONG FOOTHILL BOULEVARD BETWEEN CUCAMONA CREEK AND HELLMAN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The Sahga Group filed an application for Development Code Amendment DRC2006-01083, requesting the Planning Commission to initiate a code amendment for the project described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 25th day of January 2006, the Planning Commission of the City of Rancho Cucamonga agreed to initiate the requested code amendment for consideration at a future public hearing. 3. On the 8th day of March 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The amendment to the Rancho Cucamonga Development Code is necessary to add thrift stores to the list of potential land uses for consideration within the Community Commercial Zone of Subarea 2 of the Foothill Boulevard Districts. b. The amendment modifies Table 17.32.030 - Use Regulations for Foothill Boulevard Districts of the Development Code, to add thrift stores as a potential land use on Community Commercial zoned property within Subarea 2 of the Foothill Boulevard Districts, subject to the approval of a Conditional Use Permit (CUP). C. The Rancho Cucamonga Development Code defines a thrift shop as "A retail store offering used clothing, furniture, household appliances, and similar merchandise which is in good repair, provided: (1) All clothes are displayed on racks, folded on shelves or tables, or PLANNING COMMISSION RESOLUTION NO. 06-14 DRC2005-01083— SAGHA GROUP March 8, 2006 Page 2 in some recognized fashion as distinguished from being displayed in heaps or piles; (2) No merchandise shall be accepted on consignment; and (3) Merchandise requires no cleaning, repair, assembly, or refurbishment before it can be worn or put to normal use. The majority of merchandise offered for sale shall be donated; however, all collection and storage shall be conducted inside the building" (adopted and provided for in Section 17.02.140 of the Rancho Cucamonga Development Code). d. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. That the proposed amendment promotes the goals and objectives of the Development Code; and C. That 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 d. That the proposed amendment is in conformance with the City's General Plan. 4. This Commission hereby finds that the proposed amendment has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. The City Council finds that this Ordinance and said Development Code amendment is not a project as defined in Section 15378(a)(1) of the CEQA Guidelines in that the adding of thrift stores to the list of potential retail uses in a commercially zoned area will not have a direct or indirect physical change in the environment. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment DRC2005-01083 as shown in the Ordinance attached hereto. 6. The Secretay to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam t hairm ATTEST: Dan Coleman, Acting Secretary PLANNING COMMISSION RESOLUTION NO. 06-14 DRC2005-01083 — SAGHA GROUP March 8, 2006 Page 3 I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of March 2006, by the following vote-to-wit: AYES: COMMISSIONERS: McPHAIL, MACIAS, STEWART NOES: COMMISSIONERS: FLETCHER, MUNOZ ABSENT: COMMISSIONERS: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING DEVELOPMENT CODE AMENDMENT DRC2005-01083, A REQUEST TO AMEND TABLE 17.32.030 — USE REGULATIONS FOR FOOTHILL BOULEVARD DISTRICTS OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, ADDING THRIFT STORES AS A CONDITIONALLY PERMITTED USE IN SUBAREA 2 OF THE COMMUNITY COMMERCIAL DISTRICTS, LOCATED ALONG FOOTHILL BOULEVARD BETWEEN CUCAMONGA CREEK AND HELLMAN AVENUE. A. Recitals. 1. The Sahga Group filed an application for Development Code Amendment DRC2006-01083, requesting the Planning Commission initiate a code amendment for the project described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 25th day of January 2006, the Planning Commission of the City of Rancho Cucamonga agreed to initiate the requested code amendment for consideration at a future public hearing. 3. On March 8, 2006, the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the Development Code Amendment contained herein, as required by law. At the conclusion of the hearing, the Planning Commission recommended adoption of said amendment. 4. On 2006, the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the Development Code Amendments contained herein as required by law. 5. All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1: This 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 this Council during the above-referenced public hearing, including written staff reports, the minutes ,of the above-referenced Planning Commission meetings and the contents of Planning Commission Resolution No. 06-14, this Council hereby specifically finds as follows: a. The purpose of this Ordinance is to amend the City's Development Code and add Thrift Stores to the category of uses allowed within Community Commercial Zone of CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2005-01083—SAHGA GROUP Page 2 Subarea 2 of the Foothill Boulevard Districts, subject to the approval of a Conditional Use Permit. b. Section 17.02.140 of the Rancho Cucamonga Development Code defines a thrift store as "A retail store offering used clothing, furniture, household appliances, and similar merchandise which is in good repair, provided that: (1) All clothes are displayed on racks, folded on shelves or tables, or in some recognized fashion as distinguished from being displayed in heaps or piles; (2) No merchandise shall be accepted on consignment; and (3) Merchandise requires no cleaning, repair, assembly, or refurbishment before it can be worn or put to normal use. The majority of merchandise offered for sale shall be donated; however, all collection and storage shall be conducted inside the building." Section 3: The provisions of this Ordinance and the Development Code Amendments contained herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act (CEQA), as amended, and the Guidelines promulgated thereunder. The City Council finds that this Ordinance and said Development Code Amendment is not a project as defined in Section 15378(a)(1) of the CEQA Guidelines in that the adding of thrift stores to the list of potential retail uses in a commercially zoned area will not have a direct or indirect physical change in the environment; therefore, the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 21080.17 of the Public Resource Code and Section 15282(1) of Division 6 Title 14 of the California Code of Regulation. Section 4: Table 17.08.030 - Use Regulations for Foothill Boulevard Districts - of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended, in words and figures, as shown in the attached Exhibit A to allow thrift stores in the Community Commercial Zone of Subarea 2 of the Foothill Boulevard Districts, subject to the approval of a Conditional Use Permit. Section 5: Severability. The City Council declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 6: The City Clerk shall certify to the adoption of this Ordinance. EXHIBIT A Excerpt from Table 17.32.030 of the Rancho . Cucamonga Development Code Depicting Where Thrift Stores (Highlighted) Will Be Added as a Conditionally Permitted Use in the Community Commercial (CC) Zoning District within Subarea 2 of Foothill Boulevard Districts. Use Regulations for Foothill Boulevard Districts Summary Table of Permitted (P) and Conditionally Permitted (C) Uses RETAIL COMMERCIAL USES Subarea One Subarea 2 Subarea Three Subarea Four Continued MU O MR P SC CC O MR MRR Sc CC CO LMR MR U MU C RRc MR LI O Public and Private Clubs and Lodges, including YMCA,YWCA,and similar C Youth Group Uses Record and Tape Stores P P P P P P P P Recreational Vehicle Storage Yards C Restaurants sit down): a) with entertainment and/or cocktail C C C C C C C C C C lounge,bar b) incidental serving of beer and wine(without a cocktail lounge, P P P P P P P P P P P P bar,entertainment or dancing) c) cafe,limited to 20 seats(including outdoor seating) P P P P P P P P P P P P d) Fast Food:With drive-thru C C C C C C Without drive-thru P P P P P P P P Shoe Stores and Repair Shops P P P P P P P P P Specialty Retail P P P P P P Sporting Goods Stores: a) Specialty;Backpacking,Tennis, Skiing, Mountaineering,Fishing, P P P P P P P P etc. b) General;encompassing a variety P PP P P of sports a ui ment Supermarkets P P P I P P Swimming Pool Services and Supplies P P P P P Tailor Shops P P P P P P P Thrift Stores c To Stores P P P P P P P Variety Department Stores,Junior C C P C P P P Department Stores Veterinary(domestic): a) Non-boarding P C P C P P P P C b BoardingC C C C C C Watch and Clock Repair Stores P P P P P P P P P Yarda a Goods Stores P P P P P