HomeMy WebLinkAbout11-21 - Resolutions RESOLUTION NO.11-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING
APPROVAL OF DEVELOPMENT CODE AMENDMENT
DRC2009-00414,TO AMEND SECTIONS 17.02(ADMINISTRATION)
AND 17.08 (RESIDENTIAL), TO REGULATE COMMUNITY
GARDENS; AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code Amendment
DRC2009-00414, 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 June 3, 2009, 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 the 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
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 15061(b)(3) of the State CEQA Guidelines because the text
amendment is for clarification purposes and will not result in the intensification of environmental
PLANNING COMMISSION RESOLUTION NO. 11-21
DRC2009-00414 - CITY OF RANCHO CUCAMONGA
April 27, 2011
Page 2
impact. It can also be demonstrated with certainty that the text amendment to clarify and update the
regulation of Community Gardens will not have any significant impact on the environment. 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.
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 DRC2009-00414
through the adoption of the attached Draft City Council Ordinance.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
6. APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
Luis Munoz, Jr., Chairman
ATTEST:
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Ja s R. Troyer, AIC. , 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 27th day of April 2011, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WIMBERLY
ABSTAIN: COMMISSIONERS: OAXACA
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC2009-00414, A REQUEST TO AMEND
SECTIONS 17.02 (ADMINISTRATION) AND SECTIONS 17.08
(RESIDENTIAL DISTRICTS), TO REGULATE COMMUNITY
GARDENS; AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code
Amendment DRC2009-00414, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Code Amendment is referred to as "the Amendment."
2. June 3, 2009, 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 with respect to the above-referenced Amendment and
following the conclusion thereof, adopted its Resolution No. 11-21, 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 the 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
CITY COUNCIL ORDINANCE NO.
DRC2009-00414
, 2011
Page 2
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 15061(b)(3) of the State CEQA Guidelines
because the text amendment is for clarification purposes and will not result in the intensification
of environmental impact. It can also be demonstrated with certainty that the text amendment to
clarify and update the regulation of Community Gardens will not have any significant impact on
the environment. The City Council has reviewed the Planning Department's determination of
exemption, and based on its own independent judgment, concurs in the 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 17.08.070.C.12. (Residential) of the Rancho Cucamonga
Development Code (Table 17.08.030 - Use Regulations for Residential Districts) is hereby
added to read, in words and figures, as shown in Attachment B.
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.
CITY COUNCIL ORDINANCE NO.
DRC2009-00414
, 2011
Page 3
ATTACHMENT A
Development Code Section 17.02.140.0 (Definitions) is hereby amended to add the following:
Community Gardens: A privately or publicly owned vacant parcel of land used by the
community or a neighborhood for the growing of fruits, vegetables and culinary herbs for
personal consumption and/or to be offered for sale on site or at a local Certified Farmers'
Market.
Rancho Cucamonga Development Code Section 17.02.140
CLUSTER DEVELOPMENT: A form of development for single-family and multiple
family residential subdivisions that permits a reduction in lot area provided there is no
increase in the number of lots permitted under a conventional subdivision and the
resultant land area is devoted to open space.
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COMMISSION: The Planning Commission of the City of Rancho Cucamonga.
COMMUNITY GARDENS: A privately or publicaly owned vacant parcel of land
used by the community or a neighborhood for the growing of fruits, vegetables
and culinary herbs for personal consumption and/or to be offered for sale on site
or at a local Certified Farmers' Market.
CONCEPTUAL DEVELOPMENT PLAN: This is a site plan, which indicates conceptual
ideas for such things as, but not limited to, building placement, circulation/access,
drainage/grading, buffers, phased improvements, and landscaping.
CONDOMINIUMS: Means condominiums as defined in Section 1350 of the Civil Code:
An estate of real property consisting of an undivided interest in common areas,
together with a separate right of ownership in space.
CONVALESCENT FACILITY: A use providing bed care and in-patient services for
persons requiring regular medical attention and persons aged or infirm unable to care
for themselves, excluding surgical or emergency medical services.
CONVENIENCE COMMERCIAL CENTER: A retail/service commercial center to
provide goods and merchandise to the immediate surrounding land uses. These
centers are approximately 2-3 acres in size with the intention of serving a specific local
need.
CONVERSION: The creation of separate ownership of existing real property together
with a separate interest in space of residential, industrial, or commercial buildings
thereon.
CORPORATION YARD: See"Equipment Yard."
COTTAGE, ELDER: A second dwelling unit constructed separate, or attached to, a
primary residence if the dwelling unit is intended for the sole occupancy of one adult or
two adult persons who are 60 years of age or over and a maximum floor area of 640
square feet.
COUNCIL: The City Council of Rancho Cucamonga.
COUNTY: The County of San Bernardino.
ATTACHMENT A 17.02-19 4/11
Rancho Cucamonga Development Code 17 08 030
Table 17.08.030- Use Regulations for Residential Districts
USE VL L LM M MH H
A. Residential Uses
1. Single-Family Detached P P P Pk
2. Single-Family Attached (du-, tri-and P P P P
four-plex)
3. Multiple Family Dwellings P. p p p
4. Mobile Home Parks C C C C C C
B. Other Uses
1. Animal Care Facility C
2. Cemetery C C C C C C
3. Church C C C C C C
u d rnity rit C C
5. College or University C C C C C C
6. Community Gardens C C C C C C
7 onvalesc nt Center C C C C
8. Public Facility C
9. Day Care Facility
Accessory-6 or less P P P P P p
Non-Accessory -7 or more C C C C C C
10. Fire & Police Station C C C C C C
11. Hospital C C C C
12. Outdoor Recreation Facility C C C C C C
(non-commercial)
13. Public Park and Playground P P P p P P
14. Residential Care Facility
Accessory -6 or less P P P P p p
Non-Accessory - 7 or more C C C C
15. Schools, Private & Parochial C C C C C C
16. Stable, Commercial . C
17. Stable, Private P
ATTACHMENT B 17.08-3 2108