Loading...
HomeMy WebLinkAbout08-36 - Resolutions RESOLUTION NO. 08-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00561, AMENDING THE PLAN TEXT TO PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING RECREATIONAL VEHICLE AND MINI-STORAGE IN ALL RESIDENTIAL DISTRICTS AND REVOKING ORDINANCE NO 287 (VCPA 85-01) AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Victoria Community Plan Amendment No. DRC2008-00561, 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 Victoria Community Plan Amendment 85-01 (Ordinance No. 287)which was adopted bythe City Council on March 5, 1986 by their Ordinance No. 287, which allows public storage facilities within the Medium High and High residential zones; and 4. The application applies to properties located within all residential land use districts within the Victoria Community Plan; and 5. The application contemplates the requirement of a Conditional Use Permit be issued for all future storage facility applications regardless of the zone designation; and 6. This amendment is in concert with the related Development Code Amendment DRC2008-00196; and 7. 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 Victoria Community Plan allows such uses within the Medium-High and High Residential land use categories, impacts such as noise, glare, nighttime lights, security and a perceived loss of property value to residents located near or adjacent to such PLANNING COMMISSION RESOLUTION NO. 08-36 VCPA DRC2008-00561 - CITY OF RANCHO CUCAMONGA August 13, 2008 Page 2 facilities are found to be detrimental to their health, safety and could be materially injurious to those residential property owners; and b. The proposed amendment will not have a significant impact on the environment in that allowing self storage facilities within residential and commercial districts could have the potential for noise, glare, and aesthetic impacts and by further restricting this use, the potential impacts are decreased; 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 is in concert with Development Code Amendment DRC2008-00196; 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. 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). 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 staff's 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 Victoria Community Plan Amendment No. DRC2008-00561 by the adoption of the attached City Council Ordinance by revoking Ordinance No. 287 which currently permits such uses in the Medium-High and High residential land use categories. 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 PLANNING COMMISSION RESOLUTION NO. 08-36 VCPA DRC2008-00561 - CITY OF RANCHO CUCAMONGA August 13, 2008 Page 3 BY: Richard B. Fletcher, Chairman ATTEST:��Io IIInYl M C•o'rrkfa`n`1) . 1 'o s i 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: 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 VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00561, TO PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING MINI- STORAGE IN ALL RESIDENTIAL DISTRICTS AND REVOKING ORDINANCE NO 287 (VCPA 85-01) 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 Victoria Community Plan Amendment DRC2008-00561 and, following the conclusion thereof, adopted its Resolution No. 08-36, recommending that the City Council of the City of Rancho Cucamonga adopt said Victoria Community Plan Amendment. 2. Also on August 13, 2008, the Planning Commission of the City of Rancho Cucamonga considered the related Development Code Amendment DRC2008-00196 and recommended approval of that amendment. 3. On ****, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed Victoria Community Plan Amendment, 4. 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 Victoria Community Plan area of the City of Rancho Cucamonga; and b. The proposed amendment contemplates revoking Ordinance No. 287 which currently provides for such storage facilities within the Medium-High and High residential land use categories, thereby prohibiting public storage facilities, including mini-storage from the Medium-High and High residential land use categories; and C. Because the current text in the Victoria Community Plan 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; and d. The application further requires a Conditional Use Permit be issued for all future storage facility applications regardless of the zone designation; and CITY COUNCIL ORDINANCE NO. VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00561 **** 2008 Page 2 e. 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). 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. SECTION 4: Ordinance No. 287 is hereby revoked. 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 Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California.