HomeMy WebLinkAbout10-14 - Resolutions RESOLUTION NO.10-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA, RECOMMENDING ADOPTION OF
AN ORDINANCE TO ENACT DEVELOPMENT CODE AMENDMENT
DRC2009-00691, A REQUEST TO AMEND TABLE 17.30.030 USE
REGULATIONS FOR INDUSTRIAL DISTRICTS BY REMOVING FUNERAL
AND CREMATORY SERVICES AS A CONDITIONALLY PERMITTED USE
IN SUBAREA 4 (GENERAL INDUSTRIAL DISTRICT) AND SUBAREA 6
(INDUSTRIAL PARK DISTRICT),ADDING CREMATORY SERVICES AS A
CONDITIONALLY PERMITTED USE IN SUBAREA 14 (GENERAL
INDUSTRIAL DISTRICT) AND MODIFYING THE DEFINITION OF
FUNERAL AND CREMATORY SERVICES UNDER SECTION 17.30.030;
AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code Amendment
DRC2009-00691, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Code Amendment is referred to as "the application."
2. In order to protect the public health, safety and welfare, on August 5, 2009, the City
Council adopted a 45-day Interim Ordinance to prohibit the establishment and/or operation of human
and animal crematories in any land use zone within the City of Rancho Cucamonga. The purpose of
the Interim Ordinance was to permit staff adequate time to analyze the land use impacts of
crematoriums and find potentially suitable locations within the City of Rancho Cucamonga.
3. In orderto protect the public health, safety, and welfare as permitted under Government
Code Section 65858 and following an advertised public hearing, on September 2, 2009, the City
Council extended the Interim Ordinance an additional 10 months and 15 days. The extension of the
urgency ordinance maintains the current prohibition until August 2, 2010. The purpose of the Interim
Ordinance extension was to permit staff adequate time to continue to analyze the land use impacts
of crematoriums and find potentially suitable locations within the City of Rancho Cucamonga.
4. On February 17, 2010, the City Council approved the initiation of Development Code
Amendment DRC2009-00691.
5. On the 24th day March 2010, 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.
6. 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 March 24,2010, including written and oral staff reports,together
with public testimony, this Commission hereby specifically finds as follows:
PLANNING COMMISSION RESOLUTION NO. 10-14
DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA
March 24, 2010
Page 2
a. The application applies to the property located within the City; and
b. An Initial Study was prepared for the Code Amendment and the Initial Study finds
that that all environmental impacts from the Code Amendment are either of no impact or
less-than-significant impact; therefore, 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 Subarea 14 of the Industrial Districts in a manner consistent
with the General Plan and with related development. Subarea 14 is zoned General Industrial and is
geographically suitable to conditionally permit crematoriums since it is adjacent to only one other
Subarea, Subarea 15,which is zoned Heavy Industrial. There are no existing sensitive uses within
Subarea 15 that would be adversely impacted by a future crematory use within Subarea 14; and
b. This amendment does promote the goals and objectives of the Development Code.
Specifically,the Industrial Districts have a stated objective to organize land uses in a logical manner
that avoids nuisance impacts between land uses. There are no existing or planned sensitive uses
including, but not limited to, hospitality or restaurant uses that would be adversely affected by being
in the proximity of a future crematory; 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. The proposed text
amendment will conditionally permit future crematories within Subarea 14. Subarea 14 is zoned
General Industrial, and future crematories will require a public hearing and air quality analysis to
ensure that all impacts are mitigated to a less-than-significant level; and
d. The subject application is consistent with the objectives of the Development Code,
as the Development Code seeks a variety of industrial uses that will serve the City of
Rancho Cucamonga and San Bernardino County. The text amendment will provide for crematories
within Subarea 14 with an approved Conditional Use Permit in a geographic location that is suitable
because of its industrial land use composition; and
e. The proposed amendment is in conformance with the General Plan. The General
Plan strives for land uses that serve local and regional needs. The City of Rancho Cucamonga
presently does not have a crematory or a cemetery,and modern crematories provide one of several
options for the final disposition of human or animal remains.
4. Based upon the facts and information contained in the proposed Negative Declaration,
together with all written and oral reports included for the environmental assessment for the
application,the Planning Commission finds that there is no substantial evidence thatthe projectwill
have a significant effect upon the environment and recommends that the City Council adopt a
Negative Declaration based upon the findings as follows:
a. 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
PLANNING COMMISSION RESOLUTION NO. 10-14
DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA
March 24, 2010
Page 3
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, the City staff provided
public notice of the public comment period and of the intent to adopt the Negative Declaration.
b. The Planning Commission has reviewed the Negative Declaration and all
comments received regarding the Negative Declaration, and based on the whole record before it,
finds: (i)that the Negative Declaration was prepared in compliance with CEQA; and (ii)that there is
no substantial evidence that the project will have a significant effect on the environment. The
Planning Commission further finds that the Negative Declaration reflects the independent judgment
and analysis of the Planning Commission. Based on these findings, the Planning Commission
hereby recommends that the City Council adopt the Negative Declaration.
C. The custodian of the records for the Initial Study, Negative Declaration, and all
other materials which constitute the record of proceedings upon which the Planning Commission's
decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are
available for public review in the Planning Department of the City of Rancho Cucamonga located at
10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750.
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 DRC2009-00691
by adoption of this Resolution to amend to amend Table 17.30.030 Use Regulations for Industrial
Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in
Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District), adding Crematory
Services as a Conditionally Permitted Use in Subarea 14(General Industrial District)and modifying
the definition of Funeral and Crematory Services under Section 17.30.030 as described in this
Resolution by adoption of the Draft City Council Ordinance and Exhibit"A"of the Draft City Council
Ordinance.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 24TH DAY OF MARCH 2010.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: _
Richard B. Fletcher, Chairman
ATTEST: r�Aa V- J*4MI
Ja V
s R. Troyer, AICPr, Secr tary
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 24th day of March 2010, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 10-14
DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA
March 24, 2010
Page 4
AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HOWDYSHELL, WIMBERLY
ORDINANCE NO.L"*
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC2009-00691, AMENDING
TABLE 17.30.030 USE REGULATIONS FOR INDUSTRIAL
DISTRICTS BY REMOVING FUNERAL AND CREMATORY
SERVICES AS A CONDITIONALLY PERMITTED USE IN
SUBAREA 4 (GENERAL INDUSTRIAL DISTRICT) AND
SUBAREA 6 (INDUSTRIAL PARK DISTRICT), ADDING
CREMATORY SERVICES AS A CONDITIONALLY PERMITTED
USE IN SUBAREA 14 (GENERAL INDUSTRIAL DISTRICT) AND
MODIFYING THE DEFINITION OF FUNERAL AND
CREMATORY SERVICES UNDER SECTION 17.30.030, AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code
Amendment DRC2009-00691, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Code Amendment is referred to as "the application."
2. In order to protect the public health, safety welfare, on August 5, 2009, the City
Council adopted a 45-day Interim Ordinance to prohibit the establishment and/or operation of
human and animal crematories in any land use zone within the City of Rancho Cucamonga.
The purpose of the Interim Ordinance was to permit staff adequate time to analyze the land use
impacts of crematoriums and find potentially suitable locations within the City of
Rancho Cucamonga.
3. In order to protect the public health, safety and welfare and as permitted under
Government Code Section 65858 and following an advertised public hearing, on
September 2, 2009, the City Council extended the Interim Ordinance an additional 10 months
and 15 days. The extension of the urgency ordinance maintains the current prohibition until
August 2, 2010. The purpose of the Interim Ordinance extension was to permit staff adequate
time to continue to analyze the land use impacts of crematoriums and find potentially suitable
locations within the City of Rancho Cucamonga.
4. On February 17, 2010, the City Council approved the initiation of Development Code
Amendment DRC2009-00691 by minute action.
5. On March 24, 2010, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above-referenced Development
Code Amendment DRC2009-00691, and following the conclusion thereof, adopted its
Resolution No. 10-14, recommending that the City Council of the City of Rancho Cucamonga
adopt Development Code Amendment DRC2009-00691.
6. On May 5, 2010, the City Council of the City of Rancho Cucamonga conducted a
duly noticed public hearing on the application
7. All legal prerequisites prior to the adoption of this Ordinance have occurred.
CITY COUNCIL ORDINANCE NO.:*"i
DEVELOPMENT CODE AMENDMENT DRC2009-00691 —CITY OF RANCHO CUCAMONGA
May 5, 2010
Page 2
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 May 5, 2010, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The application applies to the property located within the City; and
b. An Initial Study was prepared for the Code Amendment and the Initial Study
finds that that all environmental impacts from the Code Amendment are either of no impact or
less-than-significant impact; therefore, the proposed amendment will not have a significant
impact on the environment; and
C. This amendment does not conflict with the Land Use Policies of the
General Plan and will provide for development, within Subarea 14 of the Industrial Districts, in a
manner consistent with the General Plan and with related development. Subarea 14 is zoned
General Industrial and is geographically suitable to conditionally permit crematoriums since it is
adjacent to only one other Subarea, Subarea 15, which is zoned Heavy Industrial. There are no
existing sensitive uses within Subarea 15 that would be adversely impacted by a future
crematory use within Subarea 14; and
d. This amendment does promote the goals and objectives of the Development
Code. Specifically, the Industrial Districts have a stated objective to organize land uses in a
logical manner that avoids nuisance impacts between land uses. There are no existing or
planned sensitive uses including, but not limited to, hospitality or restaurant uses that would be
adversely affected by being in the proximity of a future crematory; and
e. The proposed amendment will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The proposed text
amendment will conditionally permit future crematories within Subarea 14. Subarea 14 is zoned
General Industrial, and future crematories will require a public hearing and air quality analysis to
ensure that all impacts are mitigated to a less-than-significant level; and
f. The subject application is consistent with the objectives of the Development
Code, as the Development Code seeks a variety of industrial uses that will serve the City of
Rancho Cucamonga and San Bernardino County. The text amendment will provide for
crematories within Subarea 14 with an approved Conditional Use Permit in a geographic
location that is suitable because of its industrial land use composition; and
g. The proposed amendment is in conformance with the General Plan. The
General Plan strives for land uses that serve local and regional needs. The City of
Rancho Cucamonga presently does not have a crematory or a cemetery, and modern
crematories provide one of several options for the final disposition of human or animal remains.
CITY COUNCIL ORDINANCE NO.-
DEVELOPMENT CODE AMENDMENT DRC2009-00691 — CITY OF RANCHO CUCAMONGA
May 5, 2010
Page 3
SECTION 3: Based upon the facts and information contained in the proposed Negative
Declaration, together with all written and oral reports included for the environmental assessment
for the application, the City Council finds that there is no substantial evidence that the project
will have a significant effect upon the environment and adopts a Negative Declaration based
upon the findings as follows:
a. 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,
the City staff provided public notice of the public comment period and of the intent to adopt the
Negative Declaration.
b. The City Council has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration, and based on the whole record before it, finds: (i)
that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no
substantial evidence that the project will have a significant effect on the environment. The City
Council further finds that the Negative Declaration reflects the independent judgment and
analysis of the Planning Commission. Based on these findings, the City Council adopts the
Negative Declaration.
C. The custodian of the records for the Initial Study, Negative Declaration, and all
other materials which constitute the record of proceedings upon which the Planning
Commission's decision is based is the Planning Director of the City of Rancho Cucamonga.
Those documents are available for public review in the Planning Department of the City of
Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California
91730, telephone (909) 477-2750.
SECTION 4: Based upon the findings and conclusions set forth in Sections 1, 2 and 3
above, this Council hereby approves Development Code Amendment DRC2009-00691 as
follows:
SECTION 5: Table 17.30.030 Use Regulations for Industrial Districts, is hereby amended
to read, in words and figures, as shown in the attached Exhibit "A."
SECTION 6: The following Land Use Type Definition found in Section 17.30.030-D-4-z is
hereby amended to read as follows:
Crematory Services: Activities typically include, but are not limited to,
services involving the care, preparation, and disposition of human and/or
animal remains by means of cremation. Uses typically include, but are
not limited to: crematories and crematories with embalming services.
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
CITY COUNCIL ORDINANCE NO."*
DEVELOPMENT CODE AMENDMENT DRC2009-00691 —CITY OF RANCHO CUCAMONGA
May 5, 2010
Page 4
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.
Rancho Cucamonga Development Code Section 17.30.030
Table 17.30.030 Continued - Use Regulations for Industrial Districts l
USE TYPES LAND USE IP GI GI GI GI GI IP IP GI MI/HI GI GI IP GI GI HI IP IP MU/OS
SUBAREAS HO 1 2 3 4 5 6 7 8 9 1a 11 12 13 14 15 16 17 18
COMMERCIAL
Adult Entertainment A A A A A A A A A A
Agricultural/Nursery Supplies&Services P P P P P P P P
Animal Care C C C C C C C C
Automotive Fleet Storage C C C C P C C P
Automotive Fueling Services C
Automotiv=Truck
p P P P P P P pip P
Automotivk Repair–Minor p p p p p P P Automotivair–Major PCP P PP C C C
AutomotivLeasing C C C C
Automotivourt P P P P C P
P P PAutomotivation C C C C C C C C C C C C Q..;-
Building Contractors Office&Yards P P P P P P P P P P P '..a.
Building Contractors Storage Yard P p
Building Maintenance Services P P P P P 7--7—P P P p p —
Building&Light Equipment Supplies&Sales P C P C C P P C P C C P w;;
Business Supply Retail&Services p, p p p P P P P P P P P P U
Business Support Services P' P C p P C P P P C p p p p P p
Communication Services _ P p p p p p P F P P P Ppp
P P P P
Convenience Sales&Services C' C C P P C C
Entertainment C C C C C C C C C C ��W
Extensive Impact Commercial Q.
Fast Food Sales C C C C In
C' C C C C
C C C
Financial, Insurance&Real Estate Services P P P p P C C C C C C P p
C.
Food&Bevera a Sales C' C C C C C C C C C
u or &Creme cry Services C tJSL'E
q ipmen a antals C C C
C P C C p
Hotel/Motel p p p p C -.W,;
Indoor Wholesale/Retail Commercial C C C C C C C ¢
Laundry Services P P P P P P P P
Medical/Health Care Services p p p p P P P P P P P P
Personal Services C' C P P P P P C P P P
Petroleum Products Storage C C C C C C
Recreation Facilities C C C C C C C P C C P p p
Reoair Services P P C P P p p p p P p C
Restaurants p p P P P P p P
Restaurants with Bar or Entertainment C C C C C C C
Specialty Building Supplies.&Home Improvement P P C
Warehouse-Style Retail Merchandising" C
NOTES:
IP - Industrial Park P - Permitted Use
HO - Haven Avenue Overlay District C - Conditionally Permitted Use
GI - General Industrial 0 - 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
- Ancillary uses limited to 20 percent of the P' - Permitted with Master Plan approval for 35
floor area per Section 17.30.080.5.b. acres minimum
Refer to Subarea 12 Special Considerations
for additional restrictions
17.30-8
11/00
EXHIBIT A
City of Rancho Cucamonga
NEGATIVE DECLARATION
The following Negative Declaration is being circulated for public review in accordance with the
California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code.
Project File No.: DRC2009-00691
Public Review Period Closes: March 24, 2010
Project Name: Project Applicant: City Of Rancho Cucamonga, 10500 Civic Center Dr.
Project Location (also see attached map): City of Rancho Cucamonga
Project Description: An ordinance that will amend Table 17.30.030 Use Regulations for Industrial
Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4
(General Industrial District)and Subarea 6(Industrial Park District)and adding Crematory Services
as a Conditionally Permitted Use in Subarea 14 (General Industrial District) and modifying the
definition of Funeral and Crematory Services under Section 17.30.030.
FINDING
This is to advise that the City of Rancho Cucamonga,acting as the lead agency, has conducted an
Initial Study to determine if the project may have a significant effect on the environment and is
proposing this Negative Declaration based upon the following finding:
The Initial Study indicates that there is no substantial evidence that the project may have a significant
effect on the environment.
If adopted, the Negative Declaration means that an Environmental Impact Report will not be
required. The factual and analytical basis for this finding is included in the attached Initial Study.
The project file and all related documents are available for review at the City of Rancho
Cucamonga Planning Department at 10500 Civic Center Drive(909)477-2750 or Fax(909)477-2847.
NOTICE
The public is invited to comment on the proposed Negative Declaration during the review period.
March 24. 2010
Date of Determination Adopted By