HomeMy WebLinkAbout11-18 - Resolutions RESOLUTION NO.11-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING
APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2010-
00946, TO AMEND SECTIONS 17.02 (ADMINISTRATION), 17.04
(PERMITS), 17.10(COMMERCIAL/OFFICE DISTRICTS),AND 17.32
(FOOTHILL BOULEVARD DISTRICTS) TO REGULATE CERTIFIED
FARMERS' MARKETS, AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code Amendment
No. DRC2010-00946, 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 December 1, 2010, the City Council approved a request to initiate a Development
Code Amendment.
3. On April 27, 2011, 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 on April 27, 2011, 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; and
C. This amendment does not conflict with the Land Use Policies of the General Plan
and is in conformance with the General Plan; and
d. This amendment does promote the goals and objectives of the Development Code
by implementing the policies of the General Plan, protecting the stability of land uses, and attaining
the advantages resulting from comprehensive and orderly land use and resource planning; 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; and
PLANNING COMMISSION RESOLUTION NO. 11-18
DRC2010-00946 - CITY OF RANCHO CUCAMONGA
April 27, 2011
Page 2
3. 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 Section 15304(e) of the State CEQA Guidelines because the text
amendment is for clarification purposes for Farmers' Markets and will not result in the intensification
of environmental impacts. It can also be demonstrated with certainty that the text amendment to
clarify and update the regulation of Farmers' Markets and not have any significant impact on the
environment and therefore qualifies under Section 15061(b)(3) of the State CEQA Guidelines.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this
Commission hereby recommends approval of Development Code Amendment No. DRC2010-00946
through the adoption of the attached Draft City Council Ordinance.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairm
ATTEST:
Jas R. Troyer, AICP, Secr tary
es
I, JarR. Trorer,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 27th day of April 2011, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WIMBERLY
ABSTAIN: COMMISSIONERS: NONE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC2010-00946, A REQUEST TO AMEND
SECTIONS 17.02 (ADMINISTRATION), 17.04 (PERMITS), 17.10
(COMMERCIAL/OFFICE DISTRICTS), AND 17.32 (FOOTHILL
BOULEVARD DISTRICTS) TO REGULATE CERTIFIED
FARMERS' MARKETS, AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code
Amendment No. DRC2010-00946, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Code Amendment is referred to as "the amendment."
2. On December 1, 2010, the City Council approved a request to initiate a Municipal
Code Amendment.
3. On April 27, 2011, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced amendment and,
following the conclusion thereof, adopted its Resolution No. , recommending that the City
Council of the City of Rancho Cucamonga adopt said amendment.
4. On , 2011, the City Council of the City of Rancho Cucamonga conducted a
duly noticed public hearing on the amendment.
5. 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 , 2011, including written and oral staff reports,
together with public testimony, the City Council 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; and
C. This amendment does not conflict with the Land Use Policies of the General
Plan and is in conformance with the General Plan; and
d. This amendment does promote the goals and objectives of the Development
Code by implementing the policies of the General Plan, protecting the stability of land uses, and
attaining the advantages resulting from comprehensive and orderly land use and resource
planning; and
CITY COUNCIL ORDINANCE NO.
DRC2010-00946
, 2011
Page 2
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; and
f. 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 Section 15304(e) of the State CEQA Guidelines
because the text amendment is for clarification purposes for Farmers' Markets and will not result
in the intensification of environmental impacts. It can also be demonstrated with certainty that
the text amendment to clarify and update the regulation of Farmers' Markets and not have any
significant impact on the environment and therefore qualifies under Section 15061(b)(3) of the
State CEQA Guidelines. The City Council has reviewed the Planning Department's
determination of exemption, and based on its own independent judgment, concurs with staff's
determination of exemption.
SECTION 3: Section 17.02.140.C. (Definitions) of the Rancho Cucamonga Development
Code is hereby amended to read, in words and figures, as shown Attachment A.
SECTION 4: Section 17.04.070.C.12. (Certified Farmers' Markets) of the Rancho
Cucamonga Development Code is hereby added to read, in words and figures, as shown in
Attachment B.
SECTION 5: Table 17.10.030 (Use Regulations for Commercial/Office Districts) of
Section 17.10 (Commercial/Office Districts) of the Rancho Cucamonga Development Code is
hereby amended to read, in words and figures, as shown in Attachment C.
SECTION 6: Table 17.32.030 (Use Regulations for Foothill Boulevard Districts) of Section
17.32 (Foothill Boulevard Districts) of the Rancho Cucamonga Development Code is hereby
amended to read, in words and figures, as shown in Attachment D.
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.
DRC2010-00946
, 2011
Page 2
ATTACHMENT A
Development Code Section 17.02.140.0 (Definitions) is hereby amended to add the following:
Certified Farmers' Market: A temporary use where the primary activity is the outdoor sales of
food and farm produce such as fruits, vegetables, nuts, herbs, eggs, honey, flowers, and food
products from livestock, and that is certified by the State of California and operated in
accordance with Article 1, Division 17, Chapter 10.5 of Agricultural Code.
CITY COUNCIL ORDINANCE NO.
DRC2010-00946
, 2011
Page 2
Attachment B
Development Code Section 17.04.070-Temporary Uses is hereby amended to add the
following:
17.04.070.C.12. Certified Farmers' Markets Permitted subject to a Temporary Use Permit and
the following minimum standards and conditions.
a. Such use shall be limited to not more than 110 days in a calendar year. To exceed this
time limitation shall require the review and approval of a Minor Development Review as
prescribed in Section 17.06.020.
b. All activities shall have a minimum set back of 100 feet from any residential area. This
may be waived by the Planning Director if in his opinion no advised impacts would result.
C. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall
be provided to the satisfaction of the Planning Director.
d. 75% of the total farmer's market sales area must be for the sale of farm products such
as fruits, vegetables, nuts, herbs, eggs, honey, livestock food products (meat, milk,
cheese, etc.) or flowers and value added farm products such as baked goods, jams and
jellies. The sale of ancillary products may occur but may not exceed 25% of the total
sales area.
e. Farmers' markets shall be certified and comply with the requirement of Chapter 10.5
Direct Marketing requirements of Division 17 or the California Food and Agriculture
Code.
f. All Farmers' Markets shall have a Market Manager authorized to direct the operations of
all vendors participating in the market on site during hours of operation.
g. Farmers' Market Managers shall obtain and have on site all operating and health permits
during hours of operation.
h. Operating rules, hours of operation, maintenance and security requirements shall be
submitted for review to the satisfaction of the Planning Director.
i. Farmers' Markets shall provide for composting, recycling, and waste removal in
accordance with all applicable city codes.
j. Farmers' Markets may be permitted on property designated Residential (L and VL) if
owned by a Government Agency or Nonprofit entity.
Rancho Cucamonga Development Code =17.10.030
Use OP NC GC
5. Appliance stores and repair. P P
6. Arcades (see special requirements per Section C C
17.10.030 F.).
7. Athletic and Health Club, gyms, and weight P P P
reducing clinics.
8. Automotive sales and services (including
motorcycles, boats, trailers, and campers).
a. Sales. C C
b. Rentals. C
C. Repairs (major engine work, muffler
shops, painting, body work, and C
upholstery).
d. Coin-op washing. C C C
e. Automatic washing. C C C
f. Service or gasoline dispensing stations
(including minor repair such as tune-ups, C C P
brakes, batteries, tires, mufflers).
g. Parts and supplies. P P
h. Tire sales and service (no outdoor P
storage).
9. Bakeries (retail only). P P
10. Barber and beauty shops. P P P
11. Bicycle shops. P P
12. Blueprint and photocopy services. P P P
13. Book, gift and stationary stares (other than adult P P P
related material).
14. Candy stores and confectionaries. P P
15. Catering establishments. P
a ing and pre ing estab i ents.
17. Carpenter shop or cabinet shop. P
18. Certified Farmers' Markets.' P P
18. Cocktail lounge (bar, lounge, tavern) including
elated entertainment.
a. independent of a rests rat C__ C
b. Accessory to a restaurant. C C C
19. Commercial recreation facilities.
a. Indoor uses such as bowling, theaters, C C P
billiards, etc.
ATTACHMENT C 17.10-3 10108
Rancho Cucamonga Development Code Section 17.10.030
Use OP NC GC
72. Transportation facilities (train and bus, taxi depots). C C C
73. Truck and trailer rental, sales and service. C
74. Variety stores. P P
C. Public and semi-public uses
1. Day Care Facilities. C C C
2. Convalescent facilities. P P
3. Hospitals. C C
4. Private and public clubs and lodges, including C C C
YMCA, YWCA, and similar youth group uses.
5. Educational institutions, parochial, private (including C C C
colleges and universities).
6. Libraries & museums, public or private. P P P
7. Parks and recreation facilities, public or private. C C C
8. Public utility installations. C C C
9. Vocational or business trade schools. C C C
10. Churches, convents, monasteries, and other C C C
religious institutions.
11. Emergency Shelters C
D. Accessory Uses
1. Accessory structures and uses customarily
incidental to a permitted use and contained on the P P P
same site.
2. Accessory structures and uses customarily
incidental to a conditional use and contained on the C C C
same site.
3. Caretakers residence. P P P
4. Amusement Devices, per Section 17.10.030-F. P P P
E. Temporary Uses
1. Temporary uses as prescribed in Section 17.04.070 P P P
and subject to those provisions.
C C C
2. Temporary office modules, subject to provisions in
Section 17.10.030-F.3.
P=Pe ' edU
ondition Use Perms Required
1 =Subject to a Temporary Use Permit as pursuant to Section 17.04.070.12 and defined in Sectio
17.02.140
17.10-6 10/08
Rancho Cucamonga Development Code Section 17.32.030
Table 17.32.030 - Use Regulations for Foothill Boulevard Districts
Summary Table of Permitted (P), and Conditionally Permitted (C) Uses
RETAIL COMMERCIAL USES Subarea One Subarea Two Subarea Three Subarea Four
MU, O MR P SC CC O MR MHR SC CC CO LMR MR U MU C RRC MR LI' 0
Antique Shops P P P p P p P P
Apparel:
a) Boutiques P P P P P P P P
b General P P P P P P P
Appliance Stores and Repair P P P P P
Art,Music, Photographic Studios and P P P P P P P P P' C
Supply Stores
Auto Service Station C C C C C C C C C
Auto Service(including trailers,
motorcycles,boats,campers):
a) Sales(with ancillary repair P P P P C
facilities)
b) Rentals P P P P
c) Minor Repair(does not include
major engine work,muffler
shops,painting,body work, C C C
upholstery,etc.)
d) Coin-op Washing C C C
e) Automatic Washing C C C C
f Parts and Supplies P P P P
Bakeries retail only) P P P P P P P P P P
Barber and Beauty Shops P P P P P P P P P P p P
Bed and Breakfast C C C C C C C C I C
Bicycle Shops P P P P P P p
Blueprint and PhotocopyServices P P P P P P P P p
Book, Gift and Statione Stores P P P P P P P P P P P C
e ated m rial
Ca and Confectioneries P P P P P P P
CateringEstablishments P P P P P P
Certified Farmers' Markets P P P p P , P P
China and Glassware Stores P P P P P
n e umpkin S ots P P
to eratin on a temporary basis
Churches C C C C C C C C C C C C I C C C C
Cleaning and Pressing P P P P P P P P P P P C
Establishments
Cocktail Lounge(bar,lounge,tavern) C C C C C C C C C C C
mcludinq related entertainment
Commercial Recreational:
a) Indoor uses such as bowling and P P P P P P p P P P
billiards
b) Outdoor uses such as tennis and C C C C C C C C C
basketball
Convalescent Facilities&Hospitals P P P P I P P P P P P P P P
1 Refer to Subarea 4 Section 17.32.080.F 7.b(footnote 2).
2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30.
3 Subject to Master Plan requirements pursuant to 17.32.030.D.
4 Commercial/Office uses may be located in the RRC district only with the concurrent development of one major regionally related anchor business of
at least 15,000 square feet per site or project.This provision is intended to facilitate the development of large, regionally related uses. Regionally
Related Commercial uses are typified by large scale businesses which serve a market area significantly larger than those businesses which draw
customers primarily from the neighborhood or community level.
5 Pybli orae may be to d-in-t RC d' on build' No outtloor s age is pe a tic slora
(_'r/occupy a rtion o existing retail bui g provide the building is at lea 0,000 square feet,the public storage use does not occupy the fi at
100 foot d plh of storefront leasable area,and the public storage use does not occupy more than 50 percent of the ground floor of the building.
6 Subject to a Temporary Use Permit pursuant to Section 17.04.070.12 and defined in Section 17.02.140
17.32-11 4/09
ATTACHMENT D