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HomeMy WebLinkAbout07-19 - Resolutions RESOLUTION NO. 07-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2007-00296, AMENDING SECTION 17.08.030E FOR ESTABLISHING REGULATIONS GOVERNING THE OPERATION OF YARD SALES IN THE RESIDENTIAL ZONES;AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. . 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2007-00296, as 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 23rd day of May 2007, 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. 3. 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 on May 23, 2007, including written and oral staff reports,together with public testimony, this Commission 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. 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. This 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. This amendment does promote the goals and objectives of the Development Code; and C. 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. The subject application is consistent with the objectives the Development Code; and PLANNING COMMISSION RESOLUTION NO. 07-19 DEVELOPMENT CODE AMENDMENT DRC2007-00296 — CITY OF RANCHO CUCAMONGA May 23, 2007 Page 2 e. The proposed amendment is in conformance with the General Plan. 4. 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 the Section 15061(b)(3) of the State CEQA Guidelines because the Amendment will impose greater limitation on uses that may be conducted on developed properties in the City, which will serve to reduce potential significant adverse impacts. The Planning Commission has reviewed the Planning Department's determination of exemption,and based on its own independent judgment, concurs in the staffs determination of exemption. 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 DRC2007-00296. 6. Section 17.08.030E of Chapter 17.08 of Title 17, the Development Code, of the City of Rancho Cucamonga is hereby amended by adding a new Subsection 8 to read as follows: 8. Restrictions on(Yard Sales. a. For purposes of this subsection 8, the term 'yard sale' means a temporary sale of household items on residential premises. b. On any one parcel or lot in any residential zone, a yard sale may be conducted on one day, but not to exceed two consecutive days, in any six (6) month period. Sales may only be conducted between 7:00 a.m. and 6:00 p.m. c. Items displayed, offered, or sold at a yard sale shall only be household items that have been in regular use or storage for six(6)months or more on the same parcel or lot. d. A yard sale may only be conducted in a residential district. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD.DAY OF MAY 2007. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam 7vart, Chairman ATTEST James R. Tr`byer,'AICPJSecretary I, James R.Troyer,AICP, 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 23rd day of May 2007, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 07-19 DEVELOPMENT CODE AMENDMENT DRC2007-00296— CITY OF RANCHO CUCAMONGA May 23, 2007 Page 3 AYES: COMMISSIONERS: FLETCHER, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007-00296 AMENDING SECTION 17.08.030E FOR ESTABLISHING REGULATIONS GOVERNING -THE OPERATION OF YARD SALES IN THE RESIDENTIAL.ZONES; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City Council determined that yard sales conducted in residential districts within the City of Rancho Cucamonga tend to cause increased traffic and noise that is disturbing to nearby residents. Such noise is more noticeable and disturbing when yard sales begin during early morning hours or when conducted on a recurring basis. 2. It is the intent of the City Council in adopting this Ordinance to enact responsible regulations permitting property owners and occupants reasonable opportunities to conduct legitimate yard sales, while minimizing adverse impacts of such sales on the adjoining residents. 3. On May 23 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning this manner and took action recommending adoption by the City Council of this Ordinance. 4. On , 2007, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption of this Ordinance. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined and ordained by the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: The facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment because the Ordinance will impose greater limitation on uses that may be conducted on developed properties in the City and will, thereby, serve to reduce potential significant adverse impacts. It is , therefore, exempt from the California Environmental Quality Act, and the Guidelines thereunder, pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. SECTION 3: The proposed amendment is consistent and in conformance with the City's General Plan. SECTION 4: Section 17.08.030E of Chapter 17.08 of Title 17, the Development Code, of the City of Rancho Cucamonga is hereby amended by adding a new Subsection 8 to read as follows: DRAFT CITY COUNCIL ORDINANCE NO. DRC2007-00296— CITY OF RANCHO CUCAMONGA May 23, 2007 Page 2 8. Restrictions on Yard Sales. a. For purposes of this subsection 8, the term 'yard sale' means a temporary sale of household items on residential premises. b. On any one parcel or lot in any residential zone, a yard sale may be conducted on one day, but not to exceed two consecutive days, in any six (6) month period. Sales may only be conducted between 7:00 a.m. and 6:00 p.m. C. Items displayed, offered, or sold at a yard sale shall only be household items that have been in regular use or storage for six (6) months or more on the same parcel or lot. d. A yard sale may only be conducted in a residential district. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.