HomeMy WebLinkAbout08-35 - Resolutions RESOLUTION NO. 08-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
DEVELOPMENT CODE AMENDMENT DRC2008-00196,AMENDING PORTIONS
OF SECTION 17.08 - RESIDENTIAL DISTRICTS; SECTION 17.10 -
COMMERCIAL/OFFICE DISTRICTS; AND SECTION 17.30 - INDUSTRIAL
DISTRICTS OF THE RANCHO CUCAMONGA DEVELOPMENT CODE,.
PROHIBITING PUBLIC STORAGE FACILITIES INCLUDING RECREATIONAL
VEHICLE STORAGE IN RESIDENTIAL DISTRICTS AND COMMERCIAL ZONES
(WITH EXCEPTION OF THE PROVISION FOR SUCH FACILITIES PERMITTED
OR CONDITIONALLY PERMITTED WITHIN THE TERRA VISTA COMMUNITY
PLAN). THE PROPOSED AMENDMENT ALSO AMENDS SECTION 17.30 FROM
PERMITTING STORAGE FACILITIES "BY RIGHT' AND TO REQUIRE A
CONDITIONAL USE PERMIT FOR ALL STORAGE FACILITY APPLICATIONS;
AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code Amendment
No. DRC2008-00196, 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 13th day of August 2008, 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. The proposed amendment contemplates revoking previously approved Development
Code Amendment DRC2003-00709 which was adopted by the Planning Commission by their
Resolution 03-138, and subsequently adopted by the City Council on November 19, 2003 by their
Ordinance No. 719, which currently allows public storage facilities within residential zones; and
4. The application applies to properties located within all residential land use districts as
defined in Section 17.08 of the Development Code as shown in Table 17.08.030- Use Regulations
for Residential Districts (except where permitted within the boundaries defined by the Terra Vista
Community Plan) within the City; and
5. The application additionally applies to properties located within the Commercial/Office
Districts, Section 17.10.030- Use Regulations, and as shown on Table 17.10.030 Use Regulations
for Commercial/Office Districts; and
6. The application further applies to properties located within the Industrial Districts
(General Industrial and Heavy Industrial), Section 17.30.030 as shown on Table 17.30.030 - Use
Regulations for Industrial Districts; and
7. The application contemplates the requirement of a Conditional Use Permit be issued for
all future storage facility applications regardless of the zone designation; and
8. This amendment specifically excludes provisions for such storage facilities already
provided for in the Terra Vista Community Plan; and
PLANNING COMMISSION RESOLUTION NO. 08-35
DCA DRC2008-00196 - CITY OF RANCHO CUCAMONGA
August 13, 2008
Page 2
9. The proposed amendment is filed in concert with the related Victoria Community Plan
Amendment DRC2008-00561 and the Etiwanda North Specific Plan Amendment DRC2008-00566;
and
10. 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 August 13, 2008, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. Because the current text in the Development Code allows such uses in residential
zones, storage facilities have been developed in these areas. Subsequent to that development,
impacts such as noise, glare, night time lights, security and a perceived loss of property value to
residents located near or adjacent to such facilities are found to be detrimental to their health, safety
and could be materially injurious to those residential property owners; and
b. Additionally, the current text in the Development Code allows such uses in the
Commercial/Office (CO) District,which also limits the potential for compatible uses within that zone
and by restricting these uses in this district provides for development more consistent with the intent
of the Development Code and the possible adjacent uses allowed within that district; and
C. The current table in the Development Code for use regulations within the Industrial
Districts allows for such facilities to be permitted by right within the General Industrial (GI) zone,
Subareas 3 and 8, and the Heavy Industrial (HI) zone, Subarea 15, which could result in an over
concentration of storage facilities in any one industrial zone or area.
d. Further, the proposed text amendment allows the establishment and permitting of
any public or self Storage Facility only with the approval of a Conditional Use Permit, regardless of
the zone designation; and
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 future development which is more compatible 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
PLANNING COMMISSION RESOLUTION NO. 08-35
DCA DRC2008-00196 - CITY OF RANCHO CUCAMONGA
August 13, 2008
Page 3
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 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) Section 15061 (b) (3). Because
the current text in the Development Code allows such uses in residential zones, storage facilities
have been developed in these areas. Subsequent to that development, impacts such as noise,
glare, night time lights, security and a perceived loss of property value to residents located near or
adjacent to such facilities are found to be detrimental to their health, safety and could be materially
injurious to those residential property owners. In this case, the ordinance constitutes a text
amendment that further restricts and/or limits the possible locations of future storage facilities that
will serve to reduce potential significant 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 No.
DRC2008-00196 by the adoption of the attached City Council Ordinance amending Section
17.08.030, Table17.08.030 - Use Regulations for Residential Districts as shown on Exhibit A and
Section 17.10.030, Table 17.10.030 - Use Regulations for Commercial/Office Districts and Table
17.30.030 - Use Regulations for Industrial Districts as shown on Exhibit C of the attached draft
Ordinance .
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF AUGUST 2008.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
By
Richard B. Fletcher, Chairman
ATTEST: C W. 1 I1&—
Corkran W. Nicholson, Acting Secretary
I, Corkran W. Nicholson, 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 the13th day of August 2008, by the following vote-to-
wit:
PLANNING COMMISSION RESOLUTION NO. 08-35
DCA DRC2008-00196 - CITY OF RANCHO CUCAMONGA
August 13, 2008
Page 4
AYES: COMMISSIONERS: FLETCHER,HOWDYSHELL,MUNOZ,STEWART,WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC2008-00196, AMENDING PORTIONS
OF SECTION 17.08 - RESIDENTIAL DISTRICTS; SECTION
17.10 - COMMERCIAL/OFFICE DISTRICTS; AND SECTION
17.30 INDUSTRIAL DISTRICTS OF THE RANCHO
CUCAMONGA DEVELOPMENT CODE, PROHIBITING PUBLIC
STORAGE FACILTIES INCLUDING RECREATIONAL VEHICLE
STORAGE IN RESIDENTIAL DISTRICTS AND COMMERCIAL
ZONES (WITH THE EXCEPTION OF THE PROVISION FOR
SUCH FACILITIES PERMITTED OR CONDITIONALLY
PERMITTED WITHIN THE TERRA VISTA COMMUNITY PLAN)
THE AMENDMENT ALSO AMENDS SECTION 17.30 FROM
PERMITTING STORAGE FACILITIES "BY RIGHT' AND TO
REQUIRE A CONDITIONAL USE PERMIT FOR ALL STORAGE
FACILITY APPLICATIONS; AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. On August 13, 2008, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Development
Code Amendment DRC2008-00196 and, following the conclusion thereof, adopted its
Resolution No. 08-35, recommending that the City Council of the City of Rancho Cucamonga
adopt said Development Code Amendment.
2. On "***, 2008, the City Council of the City of Rancho Cucamonga conducted a duly
noticed public hearing on the Development Code 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 *****, 2008, including written and oral staff reports, together
with public testimony, the City Council hereby specifically finds as follows:
a. The proposed amendment applies to properties within the City of Rancho
Cucamonga; and
b. The proposed amendment contemplates amending text in the Rancho
Cucamonga Development Code Section 17.08 , Use Regulations for Residential Districts as
shown in Table 17.08.030, Section 17.10.030, Use Regulations for Commercial/Office Districts
as shown in Table 17.10.030, to prohibit storage facilities in all Residential Districts (except
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT CODE AMENDMENT DRC2008-00196
"", 2008
Page 2
where already provided for by the Terra Vista Community Plan) and in the Commercial/Office
Districts. The amendment also amends Section 17.30.030 - Use Regulations for Industrial
Districts and removes the provision for storage facilities "by right" and further requires a
Conditional Use Permit for all storage facility applications; and
C. Additionally, the current text in the Development Code allows such uses in the
Commercial Office (CO) District, which also limits the potential for compatible uses within that
zone and by restricting these uses in this district provides for development more consistent with
the intent of the Development Code and the possible adjacent uses allowed within that district;
and
d. The current table in the Development Code for use regulations within the
Industrial Districts allows for such facilities to be permitted "by right" within the General Industrial
(GI) zone, Subareas 3 and 8, and the Heavy Industrial (HI) zone, Subarea 15, which could
result in an over concentration of storage facilities in any one industrial zone or area.
e. The application further requires a Conditional Use Permit be issued for all
future storage facility applications regardless of the zone designation; and
f. 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 15061 (b) (3). Because the current
text in the Development Code allows such uses in residential zones, storage facilities have been
developed in these areas. Subsequent to that development, the impacts to residents located
near or adjacent to such facilities such as noise, glare, night time lights, security and perceived
loss of property value are found to be detrimental to their health, safety and could be materially
injurious to those residential property owners. In this case, the ordinance constitutes a text
amendment that further restricts and/or limits the possible locations of future storage facilities
that will serve to reduce potential significant impacts. The City Council has reviewed Staff's
determination of exemption, the Planning Commission's adoption of that exemption, and further
concurs with the determination of exemption.
SECTION 3: Based upon the substantial evidence presented to this Council during the
above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1
and 2 above, this Council 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 proposed amendment is in conformance with the General Plan.
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT CODE AMENDMENT DRC2008-00196
"", 2008
Page 3
SECTION 4: Development Code Section 17.08, Table 17.08.030 - Use Regulations for
Residential Districts, is hereby amended to change, in words and figures, as shown in the
attached Exhibit "A."
SECTION 5: Development Code Section 17.10, Table 17.10.030 - Use Regulations for
Commercial/Office Districts, is hereby amended to read, in words and figures, as shown in
Exhibit "B."
SECTION 6: Development Code Section 17.30 Table 17.30.030 - Use Regulations for
Industrial Districts, is hereby amended to read, in words and figures, as shown in Exhibit "C."
SECTION 7: 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 8: 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.
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT CODE AMENDMENT DRC2008-00196
**** 2008
Page 4
EXHIBIT A
Table 17.08.030 - Use Regulations for Residential Districts
USE VL L LM M MH H
v1. ity or Service Facility C C C C C C
C 6 S G 6
Accessory Uses
1. Accessory Structure P P P P P P
2. Antenna P P P P P P
3. Caretaker's Residence C C C C C C
4. Guest House P P P
5. Home Occupation P P P P P P
6. Lodging Unit P P P
7. Other Accessory Uses P P P P P P
8. Private Garage P P P P P P
9. Private Swimming Pool P P P P P P
10. Second Dwelling Unit(including P P P P P P
elder cottage)
11. Feed &Tack Store (if accessory to C
commercial stable)
12. Dormitory (if accessory to college or C C C C C C
school)
13. Uses in Historic Structures C C C j C C C
D. Temporary Uses
1. Temporary Uses as prescribed in
Section 17.04.070 and subject to P P P P P P
those provisions.
2. Temporary trailers for use in
conjunction with religious and C C C C C C
agricultural uses for a specified
interim period.
Note: Symbol * indicates permitted in conjunction with optional development standards only.
P= Permitted Use
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT CODE AMENDMENT DRC2008-00196
" 2008
Page 5
C = Conditional Use Permit required
EXHIBIT B
Table 17.10.030 - Use Regulations for Commercial/Office Districts
42. Locksmith shop. P P
age e h C
storageuse (nos
45. Mortuariesa s. C
46. Music, dance, and martial arts studio. P P
47. Newspaper and magazine stores. P P P
48. Nurseries and garden supply stores; provided, in
the NC district, all equipment, supplies and material P P
are kept within an enclosed area, and provided that
fertilizer is stored in packaged form only.
49. Office and business machine stores. P P P
50. Office supply stores. P P
51. Parking facilities (commercial) where fees are P P
charged,
52. Pawn shops. C
53. Pet shop. P P
54. Political or philanthropic headquarters. P P P
55. Plumbing shop and supplies. P
56. Photocopy, P P P
57. P ng shop
6
9. estauran s (ot n oo
a. With entertainment and/or cocktail lounge
and bar. C C C
b. Incidental serving of beer and wine but
without a cocktail lounge, bar, P P P
entertainment, or dancing.
60. Shoe stores, sales and repair. P P
61. Second-hand store. C C
CITY COUNCIL ORDINANCE NO.
DEVELOPMENT CODE AMENDMENT DRC2008-00196
**** 2008
Page 6
EXHIBIT C
Table 17.30.030 - Use Regulations for Industrial Districts
SUMMARY OF LAND USE TYPE BY SUBAREA
USE TYPES LAND USE IP GI GI I GI IGjEijIPIIPI GI MI/HI GI GI IF GIIGII HI 11 IP I MU/OS
SUBAREAS I HO 11 1 2 1 3 141 5 1 6 17 1 8 1 9 1101111 12 131141 15 11171 18
MANUFACTURING
Custom P P P P P P P P P P P P P C P
Light P P P P P P P P P P P P P C P
Medium C C I C I P P. C P P P P P P
Heavy P
Minimum Impact Heavy P P Z
OFFICE PROFESSIONAL DESIGN& RESEARCH. J `
Administrative&Office P P P P P P P C P C C P P a
refesaleaaUDesign Se ices P P P P 1PIPI P 11 C P C C P P 'O
Research Serys P P P P P P P P P P ty
WHOLESALE,STORAGE,& DISTRIBUTION V 5f
Public Storage C C C C C C C C C C C
P P P P P P P P P
Medium C P P C P P' P P P P P 00
Heavy C P C P r
MATERIALS RECOVERY FACILITIES ._ - W
Collection Facilities 1 PP P P P P P P P P P P
Processing Facilities C I I C I C I C I C C I C C Q
Scrap Operation I C m.
CIVIC .. .
Administrative Civic Services P P I I P IPI I P P P P P P I P IPI P 1 N
Convention Centers C C C F_
Cultural P I IC C P C C M
Day Care Facility C C C I C IC C C C C C C C C C C C 11J
Emergency Shelter C C C C UL
Extensive Impact Utility Facilities C C C C C C C LU
Flood Control/Utility Corridor P P P P P P P P P P P P P P P P P P
Public Assembly C C C C C C C C C C C C C
Public Safety&Utility Services C C C C C C C C C C C C C C C C C C
Religious Assembly C C C C C C C C C C C C C
Schools C C C C C C C C C C C IC C C C C
NOTES:
IP - Industrial Park P - Permitted Use
HO - Haven Avenue Overlay District C - Conditionally Permitted Use
GI - General Industrial ❑ - Non-Marked Uses not permitted
MI/HI - Minimum Impact Heavy Industrial A - Adult Entertainment Zoning Permit Required
HI - Heavy Industrial MU/OS - Mixed Use/Open Space
P. -Permitted with Master Plan approval
for 35 acre minimum