Loading...
HomeMy WebLinkAbout12-47 - Resolutions RESOLUTION NO. 12-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2012-01056, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2012-01056 for a supplemental update to the City's Development Code found in Title 17 of the Rancho Cucamonga Municipal Code. 2. On November 28, 2012, 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. 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. The Planning 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 the Planning Commission during the above-referenced public hearing on November 28, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City Council adopted a comprehensive update to the City's Development Code that implements the policies of the General Plan, in July 2012. The new Development Code became effective on September 4, 2012. b. Based on feedback received since the effective date of the Development Code,the City prepared a set of amendments (the"Amendments"), which is included as Attachment 1 to this Resolution and is hereby incorporated by this reference as if set forth in full. C. Development Code Amendment DRC2012-01056 conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. d. The City has prepared an Addendum (the "Addendum") to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "Final EIR"), attached hereto as Attachment 2 to this Resolution, which confirms that the environmental impacts stemming from Development Code Amendment DRC2012-01056 were adequately addressed in the Final EIR and that a subsequent EIR or negative declaration is not required for the Development Code Update. The Planning Commission finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA"). 1 PLANNING COMMISSION RESOLUTION NO. 12-47 DRC2012-01056 - CITY OF RANCHO CUCAMONGA Development Code Amendment November 28, 2012 Page 2 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment DRC2012-01056. APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 'Prances Howdyshell, Chairman ATTEST: 0. 0 1,� an a Burnett, Senior Planner I, Candyce Burnett, Senior Planner of the Planning Department 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 28th day of November 2012, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE 2 Proposed Revisions to Rancho Cucamonga Development Code Staff is recommending the following amendments to the Development Code. These amendments are shown in track changes as excerpts from relevant sections of the Development Code with new language shown with underlined text and existing language to be removed shown with strike out text. Article II Land Use and Development Procedures Chapter 17.16 Planning Director Decisions Section 17.16.025 Director Determination Process (with Notice) B. Applicability. Notice for Director Determination shall be provided for the following applications: 1. Tree Removal Permit (only if six [6] or more) 2. Minor Exceptions 3. Conditional Use Permits 4. C. Notice of Application. Notice of the filing of an application for those applications identified in Subsection B above shall be mailed to persons owning property within six hundred sixty feet (660') of the project site; in the case of tree removal permits or minor exceptions, notice is only required to adjacent properties. The notice shall R.Glude all' of the follow ng and specify that the application will be decided by the City ^less ^ writto^ •^^ ^s"^r ^^^^ 'following an open public comment period where comment is received on or before a date specified in the notice which shall be ten (10) days after the date of mailing. This notice shall also include an explanation of appeal rights.- 1. the des}siea 2. 3. 4. AR explanation of appeal F ghtS and appeal deadliReS. Section 17.16.080 Tree Removal Permit G. Historic Landmark Designation. Where the trees in question are designated as a Historic Landmark, a request for a Tree Removal Permit shall be subject to review and approval by the Historic Preservation Commission and Certificate of Appropriateness procedure pursuant to Chapter 17.18 (Historic Preservation ATTACHMENT 1 Proposed Revisions to Rancho Cucamonga Development Code Commission Decisions). The action of the Historic Preservation Commission shall be ferwaFded can be appealed to the City Council. Chapter 17.18 Historic Preservation Commission Decisions Section 17.18.040 Certificate of Appropriateness D. Procedures. 3. Planning Director Review. Notwithstanding the previous paragraph, the Planning Director shall review, and after providing notice to the surrounding property owners, shall deny, approve, or conditionally approve any application for a Certificate of Appropriateness for any of the following types of alterations: i. Repair or replacement of deteriorated materials with applications or materials of the same kind, type, and texture already in use for roofs, windows, siding material, chimneys and fireplaces, accessory structures, or fencing. ii. Addition or deletion of awnings, shutters, canopies, and similar incidental appurtenances. Section 17.18.100 Preservation Incentives H. paragraph shall m .,y hfor -+II_rnglp. uses, i RG!ud+Rg, but 9t limited te Proposed Revisions to Rancho Cucamonga Development Code Article III Zoning Districts, Allowed Uses, And Development Standards Chapter 17.30 Allowed Land Use by Base Zoning District TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land J J x x a v v o a x Use/Zoning J M M O z (7 L) U L) — O x O x LL D District Residential Uses Adul Home t Day Care P P P P P P P N N N N N N N N N N N N P N N Caretaker C C C CC C C P P P N N N N C C C C P C P P Housing Dwelling, Multi- N N P PP P P N N N N N N N N N N N N N N N Family Dwelling, Second P P P P P P N N N N N N N N N N N N P P N N Unit Dwelling, Single- P P P P N N N N N N N N N N N N N N P P N N Family Dwelling, Two- N N P P P P P N N N N N N N N N N N N N N N Family Emergency N N N N N N N N N C N N N N N C N N N N N N Shelter Family Day Care C C C C C C C N N N N N N N N N N N N C N N Home, Large Family Day Care P P P P P P P N N N N N N N N N N N N P N N Home, Small Guest House P P P N N N N N N N N N N N N N N N N N N N Group C C C C C C C C C C C N C N N N N N N C N N Residential Home P P P P P P P N N N N N N N N N N N P P N N Occupation Is> Live-Work N N N N N N P N N N N N N N N N N N N N N N Facility Manufactured Home ( P P P p N N N N N N N N N N N N N N N P N N Home Mobile Home C C C C C C N N N N N N N N N N N N N N N N Park Residential Care N N N C C C C N N N N N N N N N N N N N N N Facility Residential Care P P P P P P N N N N N N N N N N N N N P N N Home Proposed Revisions to Rancho Cucamonga Development Code Land J _ :) n. L) U U .v V o y ? Un w v U Use/Zoning > _j2 _ 2 o z a 0 mQo = LL � District Single-Room Occupancy N N N P P #PP N N N N N N N N N N N N N N Facility Transitional p p p p p N N N N N N N N N N N P N N Housing Agriculture and Animal-Related Uses Agricultural Uses N N N N N N N N N N N N N N N N N N P N P P Animal Keepin94 p P P P P P P N N N N N N N N N N N N P N N Domestic Pets Animal Keeping, C C C C C C C N N N N N N N N N N N N C N N Exotic Animals Animal Keeping, p N N N N N N N N N N N N N N N N N N N N N Insects Animal Keeping, Livestock P P N N N N N N N N N N N N N N N N N N N N Animals (4) Animal Keeping, p N N N N N N N N N N N N N N N N N N N N N Poultry Equestrian Facility, C N N N N N N N N N N N N N N N N N C N C C Commercial Equestrian p N N N N N N N N N N N N N N N N N N N N N Facility, Hobby Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use C C C C C C C C C C C C C C C C N N N N N N Cemetery/ N N N N N N N N N N N N N N N N N N C N N N Mausoleum Community C C C C C C C C C C C C C N P P N N N C N N Center/Civic Use Community C C C C C C N N N N N N N N N N N N P N P P Garden Convention N N N N N N C C C C C C C C C C C C N N N N Center Golf Course/ N N N N N N N N N N N N N N N N N N C N C C Clubhouse Indoor Amusement/ N N N N N N C N C C P P P N N N N N N N N N Entertainment Facility Indoor Fitness and Sports N N N N N N C C C C � C N C C C N N N N N N Facility— Large — Proposed Revisions to Rancho Cucamonga Development Code Land -j (La v U v v V O x m. r o U Use/Zoning > -r g x g O Z (9 0 U) w o a O � x O x LL � District Indoor Fitness and Sports N N N N N N P P P P P C N P C C N N N N N N Facility- Small - Library and C C CC C C P P P P N P N P C N N N C6 C C6 C6 Museum Outdoor Commercial N N N N N N C C C C N N C C C C N N N N N N Recreation Park and Public P P P PP P P N N N N N N N N N N N P P P P Plaza Public Safety C C C CC C C C C C C C C C C C C C N C N N Facility Resource- Related P P P P P P P N N N N N N N N N N N P P P P Recreation School, Academic C C C C C C C C C C C C C C C C N N N C N N (Private) School, Academic P P P P P P P P P P P P P P P P N N N P N N (Public) School, College/ University C C C C C C C C C C C C C C C C N N N C N N (Private) School, College/ University C C C C C C C C C C C C C C C C N N N C N N (Public) Schools, Specialized N N N N N N C C C C C C C C C C N N N N N N Education and Training/Studio Theaters and N N N N N N C N N C N N P N N N N N N N N N Auditoriums Tutoring Center- N N N N N N C C C C C C C C N N N N N N N N Large Tutoring Center- N N N N N N P P P P P P P P N N N N N N N N Small Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording N N N N N N N P N P N N N P P P N N N N N N Studios Park and Ride N N N4NN N N N C C C N N N N P P N N N N N N Facility Parking Facility N N N N P P N P C N C P C C C C N N C C Proposed Revisions to Rancho Cucamonga Development Code LandJ _ _ a v 0 0 0 � O a = Use/Zoning O z c9 v co v — O = o i LL District Transit Facility N N N N N N N N N N N N N N C C C C N N N N Utility Facility and Infrastructure— N N N N N N N N N N N N N N C C C C C N C C Fixed Based Structures(5) Utility Facility and Infrastructure— P P P P P P P P P JNN P P P P P P P P P P P Pipelines (5) Wind Energy SS stem P N N N N N N N N N N N INN C C N N N N Sma — — — — — — — — — — — Retail, Service, and Office Uses Adult Day Care N N N N N N C C C C N N N C C C N N N N N N Facility Adult-Oriented N N N N N N N N N N N N N N A A A A N N N N Business Alcoholic N N N N N N C N C C C C C C C C N N N N N N Beverage Sales Ambulance N N N N N N N C C C N N N N N C P P N N N N Service Animal ales and N N N N N N P N P P P P N N N N N N N N N N Grooming Art, Antique, N N N N N N P N P P P P P N N N N N N N N N Collectable Shop Artisan Shop N N N N N N P N P P P P P N N N N N N N N N Bail Bonds N N N N N N N N N N N N N N N N N C N N N N Banks and Financial N N N N N N C C C P P P P P P P N N N N N N Services Bar/Nightclub N N N N N N C C N C C C C C N C N N N N N N Bed and C C C N N N N N N N C C N N N N N N N N N N Breakfast Inn Building Materials Store N N N N N N N N N N N N N N N C P P N N N N and Yard Business N N N N N N P P P P P P P P P P N N N N N N Support Services Call Center N N N N N N N N N N N N N N C C I N N N N N N Card Room N N N N N N N N N N N N N N N N N N N N Check Cashing N N N N N N P N P P N N N N P N N [NN N N N Business Proposed Revisions to Rancho Cucamonga Development Code LandJ x o a v v v v V O x y v U Use/Zoning > J 2 x 2 O z 0 0 m � o a O � x O x U. � District Child Day Care N N N N N N C C C C C N C C C C N N N N N N Facility/Center Consignment N N N N N N C N C C N C N N N N N N N N N N Store Convenience N N N N N N P N P P N C N N C C N N N N N N Store Cremato Services (�ry) N N N N N N N N N N N N N N N C N N N N N N Drive-In and Drive-Through N N N N N N C C C C C N C C C C N N N N N N Sales and Service (8) Equipment Sales N N N N N N N N N C N N N N N C P P N N N N and Rental Feed and Tack N N N N N N N N P P N N N N N N N N N N N N Store Furniture, Furnishing, and N N N N N N P N P P P P P N N N N N N N N N Appliance Store Garden Center/Plant N N N N N N P N P P P N P N N P N P P N P P Nursery Grocery Store/ N N N N N N P N P P P N P N N N N N N N N N Supermarket Gun Sales N N N N N N N N N C N N N N N N N N N N N N Hookah Shop N N N N N N C N N C N N N N N N N N N N N N Home Improvement N N N N N N P N P P P N P N C P N N N N N N Supply Store Hotel and Motel N N N N N N P C N P N N C C P N N N N N N N Internet Caf6 N N N N N N P P P P P P P P P N N N N N N N Kennel, N N N N N N N N N C C N C N C C N N N N N N Commercial Liquor Store N N N N N N C N C C C C C N C C N N N N N N Maintenance and Repair, Small N N N N N N P N P P P N P P N P P C N N N N Equipment Massage N N N N N N P P P P P P P P P P N N N N N N Establishment Medical Marijuana N N N N N N N N N N N N N N N N N N N N N N Dispensary Proposed Revisions to Rancho Cucamonga Development Code Land J 7 J S x d 0 0 0 U O a ? Use/Zoning J O z 0 U 0) x U — O � = O 2 LL U7 District Medical Services, N C C C C C C P N P P N N P P P N N N N N N Extended Care Medical Services, N N N N N N P P P P N P P P P P N N N N N N General Medical Services, N N C C C C C C N C N N N N P P N N N N N N Hospitals Mobile Hot Food N N N N N N N N N N N N N N N N N N N N N N Truck Mortuary/Funeral N N N N N N N C C C N N N N N N N N N N N N Home Office, Business N N N N N N P P P P P P P P P P N N N N N N and Professional Office, Accessory N N N N N N P P P P P P P P P P N N N N N N Pawnshop(7) N N N N N N N N N C N N N N N N N N N N N N Personal N N N N N N P P P P P P P P P P N N N N N N Services Restaurant, No N N N N N N P P P P P P P P P P N N N N N N Liquor Service Restaurant, Beer N N N N N N P P P P P P P P P P N N N N N N and Wine Restaurant, Full N N N N N N C C C C C C C C C C N N N N N N Liquor Service Retail, Accessory N N N N N N P P P P P N P P C C N N N N N N Retail, General N N N N N N P N P P P P P N C C N N N N N N Retail, N N N N N N P N N P P N P N P N N N N N N N Warehouse Club Secondhand N N N N N N P N P P N N N N N N N N N N N N Dealer Shooting Range N N N N N N N N N N N N N N N C N N N N N N Smoke Shop") N N N N N N N N N C C N C N N N N N N N N N Specialty Food N N N N N N P N P P P P P N N N N N N N N N Store Tattoo Shop ") N N N N N N N N N C N N N N N N N N N N N N Thrift Store (7) N N N N N N C N C C C N C N N N N N N N N N Veterinary C N N N N N C N P P C C C N N P P I P N N N N Facility Automobile and Vehicle Uses Proposed Revisions to Rancho Cucamonga Development Code LandJ = O a U U U U U O a ? y U U Use/Zoning > _j M _ .2 O z 0 U mO x LL � District Auto Vehicle N N N N N N N N N N N N N N N N N C N N N N Dismantling Auto and Vehicle Sales and Rental N N N N N N N C N C N N P N C C N N N N N N Auto and Vehicle Sales, N N N N N N N P P P P N P P P N N N N N N N Autobroker Auto and Vehicle N N N N N N N P P P P N P P P P N N N N N N Sales, Wholesale Auto and Vehicle N N N N N N N N N N N N N N N C P P N N N N Storage Auto Parts Sales N N N N N N N N P P N N P N N N N N N N N N Car Washing and N N N N N N N C C C C N C N N N N N N N N N Detailing Recreational N N N N N N N N N N N N N N N C C C N N N N Vehicle Storage Service Stations N N N N N N C C C P C N C C C C N N N N N N Vehicle Services, N N N N N N N N N JCN N N N N C N C N N N N MajorP PVehicle Services, N N N N N N N C C N C N P P N N N N N N Minor Industrial, Manufacturing, and Processing Uses Fuel Storage and N N N N N N N N N N N N N N N C C C N N N Distribution Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Custom Manufacturing, N N N N N N N N N N N N N N N N N P N N N N Heavy Manufacturing, Heavy-Minimum N N N N N N N N N N N N N N N N P P N N N N Impact Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Light Manufacturing. N N N N N N N N N N N N N N P P P P N N N N Medium Printing and N N N N N N N N N P N N N N P P N N N N N N Publishing Recycling Facility, INN N N N N N N P P N N N N N P P P N N N N Collection Proposed Revisions to Rancho Cucamonga Development Code Land J x o_ U U U U U O a = N M U U Use/Zoning � � x 2 O Z O U m W L) — O x O x u District Recycling Facility, N N N N N N N N N N N N N N N C C C N N N N Processing Recycling Facility, Scrap N N N N N N N N N N N N N N N N N C N N N N and Dismantling Facility Research and N N N N N N N N N N N N N N P P N N N N N N Development Storage, Personal Storage N N N N N N N N N N N N N N N C C C N N N N Facility Storage N N N N N N N N NC N N N N N C C C N N N N Warehouse Storage Yard N N N N N N N N N N N N N N N C P P N N N N Wholesale, Storage, and N N N N N N N N N N N N N N N R P P N N N N Distribution — C Heavy Wholesale, Storage, and N N N N N N N N N N N N N N P P P P N N N N Distribution — Light Wholesale, Storage, and N N N N N N N N N N INN N N N P P P N N N N Distribution— Medium (a) Table Notes: (1) See additional regulations for second dwelling units in Chapter 17.100. (2) See additional regulations for home occupations in Chapter 17.92. (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (6) See additional regulations for adult entertainment businesses in Chapter 17.86. Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. Chapter 17.32 Allowed Use Descriptions Section 17.32.020 Allowed Use Descriptions C. Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses. Proposed Revisions to Rancho Cucamonga Development Code 3. is the r),moor salps nf fend and farm PFOEJUGe SLIGh as frw46, vegetables, RUtS, herbs, eggs, honey, flewers, and feed PFO&GtS fFGM Gede. D. Utility, Transportation, Public Facility and Communication Uses 7 Wind Energy System — Small A machine which can convert kinetic energy in wind into a usable form of electrical or mechanical energy intended primarily for on-site consumption but may transfer excess energy into the electrical grid. Chapter 17.36 Development Standards by Base Zoning District Section 17.36.040 Development Standards for Industrial Districts D. Other Miscellaneous Industrial Development Standards. 6 Rail Service Properties which adjoin existing or proposed lead or spur lines shall provide rail service access Rail crossings and any spur construction must be approved by the railroad and the Public Utilities Commission The following rail service standards shall unless modified by the railroad or the Public Utilities Commission apply to ail industrial properties which adjoin existing or proposed lead or spur lines: a Minimum easement width for a lead line single track — 32 feet. b. Minimum easement width for a double rail track — 41 feet. c. The minimum radius of curvature for a track shall be 180 feet. d The maximum gradient along spur tracks shall not exceed 2 percent. e Dock height shall be no less than 4.5 feet above the top of the spur track. f Road crossings at grade should be avoided wherever possible. Article IV Site Development Provisions Chapter 17.48 Fences, Walls, and Screening Proposed Revisions to Rancho Cucamonga Development Code Section 17.48.050 Requirements by Land Use Type TABLE 17.48.050-1 MAXIMUM HEIGHT OF FENCES AND WALLS IN REQUIRED YARD AREA Location or Location of Fence/Wall/Screening Minimum Setback Maximum Height I'I of Fence I'I Isl Required front yard area 0 ft(Z) 3 ft/6 ft(3) Required rear and interior side yard area (along rear Oft 6 ft and interior property lines) Required street side yard area (along corner side 5 ft(z) 6 ft property lines) At intersections of streets, alleys, and driveways within Varies(4) 30 in the clear visibility triangle All other areas of lot Oft 6 ft Section 17.64.090 Loading Area Requirements C. Requirements for Off-Street Loading Spaces. 4. Trailer Parking Required. One space of parking for a trailer is required for each loading dock door. The minimum dimensions of a single trailer parking space is fifty feet (50') in length, nine fourteen feet (914') in width, and fourteen feet (14') in vertical clearance. Chapter 17.74 Sign Regulations for Private Property Section 17.74.090 Allowed Temporary On-Site Sign Standards TABLE 17.74.090-1 ALLOWED TEMPORARY ON-SITE SIGN STANDARDS Development Standards Sign Type Maximum Maximum Minimum Number Maximum Area Height Setback from Permitted ROW On-Site Subdivision Signs 1 sign per street 32 sf per side, General Signs frontage of the max 2 sides (64 15 ft 5 ft boundary of the sf total) project Flags 6 flags 15 sf per flag 15 ft 5 ft All Other Uses (1) Wall 1 sign per31 Roofline 5 ft establishment 50 sf Ground Sign i3 ft 5 ft Proposed Revisions to Rancho Cucamonga Development Code Development Standards Sign Type Maximum I Maximum Minimum Number Maximum Area Height Setback from Permitted ROW Flags 1 flag 45-30 sf per Flag 15 inff 5 IrIft Chapter 17.76 Solar GGessAlternative Energy Systems and Facilities Sections: Section 17.76.010 Purpose and Applicability.............................................................. 17.76-133 Section 17.76.020 Spec al Development Criteria for Solar Systems........................... 17.76-133 Section 17.76.020 Development Standards for Wind Enerqv Systems..................17.76-4 Section 17.76.010 Purpose and Applicability This Chapter sets forth provisions for the development of alternative energy systems se!aF aGGeSs to protect public health and safety while supporting efforts to develop small-scale distributed energy generation to reduce the amount of electricity drawn from the regional power grid. to ensure that all residential pFope . have adequate Section 17.76.020 Special Development Criteria for Solar Systems A. All new residential development projects, except condominium conversions, shall provide for future passive or natural heating or cooling opportunities (lot size and configuration permitting orientation of a structure in an east—west alignment for southern exposure or lot size and configuration permitting orientation of a structure to take advantage of shade or prevailing breezes). 1. Consideration shall be given to local climate, to contour, to lot configuration, and to other design and improvement requirements. 2. Consideration shall be given to provide the long axis of the majority of individual lots shall be within 22.5 degrees east or west of true south for adequate exposure for solar energy systems. B. No person shall allow a tree or shrub to be placed or grown so as to cast a shadow greater than ten percent (10%) of the collector absorption area upon that solar collector surface on the property of another at any one time between the hours of 10_-a.m. and 2 p.m., provided that this Section shall not apply to specific trees and shrubs which at the time of installation of a solar collector or during the remainder of that annual solar cycle cast a shadow upon that solar collector. C. The location of a solar collector is required to comply with the local building and setback regulations and to be set back not less than five feet (5) from the property line or any easement that is adjacent to the property line. Proposed Revisions to Rancho Cucamonga Development Code D. Developers of all new residential subdivisions shall dedicate easements for the purpose of assuring that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a declaration of restrictions for the subdivision, which shall be recorded concurrently with recordation of the final map or issuance of permits, whichever shall first occur. The easements shall prohibit the casting of shadows by vegetation, structures, fixture, or any other object, except for utility wires and similar objects. Section 17.76.030 Development Standards for Wind Energy Systems A. General Development Standards. 1. Siting. Wind energV systems are prohibited on ridgelines. 2. Setbacks. All wind energy systems shall comply with existing setbacks for the zone in which it is located as well as any fire code setback requirements. 3. Color. Structural components including, but not limited to, towers and blades shall be of a nonreflective, unobtrusive color. 4. Guy Wires. The use of guy wires is prohibited. Towers shall be self supporting. 5. UtilitV Connections. For inter-connected systems, no wind energV system shall be installed until evidence has been presented that the electric utility service provider has been notified and indicated that the proposed interconnection is acceptable. On-site electrical wires associated with the system shall be installed underground, except for "tie-ins" to the electric utility service provider and its transmission poles, towers and lines. 6. Exterior Lighting. Exterior lighting on any wind energy system shall be prohibited unless specifically required bV the Federal Aviation Administration. 7. Signs. No advertising sign or logo shall be placed or painted on any wind energy system, including towers and blades. & Noise. All wind energy systems are subject to noise standards as outlined in Section 17.66.050 (Noise Standards). 9. Rotor Safety. All wind energy systems must be equipped with manual and automatic over-speed controls to limit the rotational speed of the blades within the design limits of the rotor. 10. Electromagnetic Interference. All wind energy systems shall be designed, installed and operated so that no distruptinq electromagnetic interference is caused. Disruptive interference from the facility shall be promptly rectified to include the discontinued operation of the wind energy system. 11. FAA Regulations. All wind energy systems shall comply with applicable FAA regulations, including any necessarV approvals for installations close to airports. B. Residential Site Development Standards. Proposed Revisions to Rancho Cucamonga Development Code 1. Height. The maximum height for a small wind energy system is limited as follows: i. Freestanding systems shall not exceed 40 feet in height above grade level. ii. Roof mounted systems shall not exceed 15 feet in height above the structure on which the system is mounted. 2. Number of systems. The maximum number of wind energy system is limited as follows: I. Freestanding systems — 1 per parcel. ii. Roof mounted systems — 2 per parcel. C. Industrial Site Development Standards. 1. Height. The maximum height for a small wind energy system is limited as follows: I. Freestanding systems shall not exceed 80 feet above grade level. ii. Roof mounted systems shall not exceed 15 feet in height above the structure on which the system is mounted. 2. Number of systems. The maximum number of wind energy systems is limited as follows: i. Freestanding systems — 2 per parcel. ii. Roof mounted systems — 4 per parcel. 3. Tower Access. Towers must provide one of the following I. Tower climbing apparatus located no closer than 12 feet from the ground: ii. Have an anti-climb device installed on the tower; Iii. Provide a tower-access limitation program approved bV the reviewing authority. D. Abandoned Wind Energy Systems. Any wind energy system that is not used for a consecutive 12 month period shall be deemed abandoned. The property owner or permittee shall remove the wind energy system, clear the site of all equipment and restore the site as nearly as practicable to +sthe condition prior to the installation of the wind energy system. Article V Specific Use Requirements Chapter 17.102 Special Regulated Uses Section 17.102.010 Purpose The purpose of this Chapter is to establish site planning, development, and/or operating standards for check cashing businesses, pawnshops, smoke shops, tattoo parlors, and thrift stores Creamatoriums, and Massage Establishments. It is the City's intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring special siting and location standards and imposing other special development standards. Proposed Revisions to Rancho Cucamonga Development Code Section 17.102.080 Massage Establishments A. Applicability. The development standards of this Section shall apply to all massage establishments in the city. B. Hours of Operation. The hours of operation of massage establishments shall be limited to 7:00 a.m. and 10:00 p.m. daily. Article VIII Glossary Chapter 17.126 Universal Definitions Section 17.126.020 Universal Definitions 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 the Agricultural Code. Chapter 17.136 Sign Definitions Section 17.126.020 Sign Definitions Flag Sign. A sign made of fabric or other similar non-rigid material supported or anchored along only one edge or supported or anchored at only two corners. #a+ y d-iMP-RISOOR of the flag is more than three times as IOR9 as aRy E)theF "'^�., a^aT efed er s eFted- Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report ADDENDUM This Addendum to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "EIR") has been prepared in connection with the City's supplemental amendment to the Development Code (the "Project"). The Addendum confirms that the environmental impacts stemming from the Project were adequately addressed in the EIR and that a subsequent EIR or Negative Declaration is not required for the Project. Proposed Supplemental Development Code Amendments The Project consists of supplemental amendments to the City's recently adopted comprehensive Development Code, which was in turn adopted to implement the policies of the recently completed 2010 General Plan Update. Since adoption of the Development Code update in July 2012, City staff has identified several errors and omissions in the Development Code that were never intended to be part of the Code. The purpose of the Project is to correct these errors and omissions. It is therefore considered to be largely procedural in nature. Table A-1 summarizes the changes proposed in the project and the reason for including into the Development Code. Table A-1:Summary of Proposed Changes to the Development Code Article Chapter Proposed Change Reason Unintentionally included. This type II 17.16 Remove Minor Development Review of noticing was previously not applications from noticing requirement. required and was not intended to be required. Technical error. During the Development Code Update, this Rewrite this section to reflect the notice of was originally designed as a notice II 17.16 application process. of decision, not notice of application. The name was changed, but the procedure was not. Clarify that action is appealable to the City Council, not that the City Council has final II 17.16 action on a tree removal permit for a Revision needed to clarify historic landmark tree. The process procedural requirements. involved is not a Landmark Designation, but a Certificate of Appropriateness. Delete the alternative use permit This section became obsolete as a II 17.18 procedures section. result of other changes in the Development Code Update. Modify the noticing requirement for minor The language in this section II 17.18 alterations to historic structures to be became obsolete as a result of consistent with other Planning Director other changes in the Development decisions. Code Update. Page 1 of 6 ATTACHMENT Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Article Chapter Proposed Change Reason Revise Automobile Uses from conditionally III 17.30 permitted use to permitted by right with Error in translation of the Land Use Table. development standards in Industrial Zones. Change Wholesale, Storage, and Error in translation of the Land Use III 17.30 Distribution - Heavy from a Permitted use Table. to a Conditionally Permitted use in GI. Change Indoor Fitness and Sports facilities Error in translation of the Land Use III 17.30 as a permitted use in CC. Large will require Table. a CUP, Small permitted by right. Delete the definition of "Certified Farmers Market' from this section as that use is not III 17.32 included in the land use table. Make sure Placed in the wrong section of the Code. this definition is in the temporary use section or the glossary. III 17.32 Reinstate Animal Sales and Grooming as a Error in translation of the Land Use permitted use in CC. Table. Error in calculation found prior to III 17.36 Reinstate FAR for Single Family Residential adoption of the Development Code development. Update. Has been revised accordingly. Update the map with the corrected zoning The zoning map was corrected III 17.38 for the parcel on Foothill between Center prior to adoption, but this map was and Hermosa. not. III 17.36 Reincorporate Rail Service Standards from Omitted in error previous Development Code. IV 17.48 Reincorporate fencing standards for Omitted in error outdoor recreation courts. IV 17.64 Revise Trailer Parking Dimension from 9 Technical error. Wrong standard feet wide to 14 feet wide. was applied. Maximum area for flag signs is not realistic. Does not adequately capture the type of IV 17.74 signs we were trying to permit. There is Also, the definition of flag sign will need to be modified. also a typo for the maximum height - it should be 15 feet, not inches. Clearly define screen/screening to provide IV 17.48 Code Enforcement required regulations to Omitted in error maintain a 3 foot high hedge height in the front yard. Various Develop standards for small wind energy Directed by Planning Commission systems The Project will not affect the current methods of conducting environmental review for new development applications. Page 2 of 6 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report The 2010 General Plan Update and Environmental Impact Report On May 19, 2010, the City Council adopted the 2010 General Plan Update and certified the EIR. The updated plan serves as the foundation for many of the City's regulatory documents, including the Development Code, specific plans, community plans, master plans, and design guidelines. With the 2010 General Plan Update, the City's focus shifted to infill development (development of remaining vacant properties within developed business districts and residential neighborhoods). The EIR evaluated potential for the 2010 General Plan Update to result in environmental impacts, as summarized in the following table: No Mitigation Mitigation Measures Significant and Unavoidable Agricultural Resources Cultural Resources Aesthetics Biological Resources Hazards and Hazardous Agricultural Resources Geology and Soils Materials Air Quality Population, Housing and Hydrology and Water Quality Climate Change Employment Land Use and Planning Mineral Resources Public Services Noise Parks and Recreation Transportation and Traffic Utilities and Service Systems The City made findings regarding the environmental impacts of adopting the General Plan as well as overriding considerations for significant and unavoidable impacts, both individually and cumulatively, for the following issues: Aesthetics, Agricultural Resources, Air Quality, Climate Change, and Mineral Resources. The findings made by the City necessary to certify the EIR and adopt the General Plan also included a mitigation monitoring and reporting program. For impacts to Land Use and Planning, the City determined that changes or alterations have been incorporated into the General Plan that avoid or substantially lessen the significant environmental effects identified in the EIR resulting in a less than significant impact. More specifically the City's findings stated there would be no conflict between the General Plan and the land Development Code because updates to the land Development Code, as well as adherence to standard conditions related to consistency of future development with the proposed 2010 General Plan Update and the City's Development Code will reduce the potential impacts related to plan consistency to a less than significant level. CEQA Review Requirements The California Environmental Quality Act ("CEQA") generally requires agencies to analyze the possible environmental impacts of a project prior to approval. Depending on the nature and extent of the potential impacts, the agency may be required to adopt a Negative Declaration or Environmental Impact Report (EIR). Page 3 of 6 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Under Section 15162 of the CEQA Guidelines, when an EIR has been certified or a Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. If the none of these conditions calling for the preparation of a subsequent EIR or Negative Declaration are met, but minor technical changes or additions are necessary to a previously adopted environmental document are needed, Section 16164 of the CEQA Guidelines allow the lead agency to prepare an addendum to the prior environmental document. A brief explanation of the decision not to prepare a subsequent EIR pursuant should be included in the addendum, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. The addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted Negative Declaration, and must be considered by the decision-making body prior to making a decision on the project. Page 4 of 6 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Analysis This addendum to the EIR has been prepared for the Project because none of the conditions specified in Section 15162 of the CECA Guidelines requiring the preparation of a subsequent EIR or Negative Declaration are met. First, the Project does not propose substantial changes in the City's development regulations that were not analyzed in the EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in the General Plan EIR. The General Plan specifically mentions revising and updating the Development Code, as shown in the following table. The Development Code shall be updated to reflect the density and LU-2.1, LU-2.2, LU-3.3, LU- intensity ranges (especially along Foothill Boulevard) as specified in 3.8, LU-4.2, LU-4.3, LU-4.5, the General Plan including updating the development standards to LU-5.1, LU-9.5, ED-2.1, ED- be consistent with the General Plan provisions. (Table LU-1 of 2.4 ED-4.4 Chapter 2) The Development Code shall be updated to develop guidelines or LU-2.4, LU-9.1, LU-9.2, LU- standards that will guide infill development and make it compatible 9.4, ED-1.4, ED-4.1 with the surrounding neighborhood communities The proposed project does not change either the policies or the figures shown in both the EIR and the General Plan. The project does not change any densities, intensities, land uses, or designations beyond those analyzed in the EIR. As a result, there is no change in the project and no new significant environmental effects, or increase in the severity of previously identified significant effects is anticipated as a result of the proposed project. Second, there have been no substantial changes with respect to the circumstances under which the Project is undertaken that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The EIR, which addressed the impacts of adopting the City's General Plan and revisions to the land Development Code, was adopted on May 10, 2010. The existing conditions reported in the EIR are very similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not processed any amendments to the plan. As a result, there are no substantial changes to the environment which would require a modification of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Third, there is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified that shows (a) the Project will have any significant effects not discussed in the EIR; (b) the significant effects examined Page 5 of 6 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report in the EIR will be substantially more severe than previously shown; (c) mitigation measures or alternatives previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the project; or (d) considerably different mitigation measures or alternatives than those analyzed in the EIR would substantially reduce one or more significant effects on the environment are now available. As the Project is consistent with the General Plan there are no new effects that were not discussed in the EIR. Similarly, the Project will not result in changes to the impacts identified in the EIR that could be considered substantially more severe. The Project does not alter any of the review processes in place for new projects, nor does it exempt new uses in the zoning ordinance from review. The Project addresses areas of responsibility for development review and affirms the appropriate body to make recommendations clarifies appeal procedures and establishes project review timelines. None of these changes will result in physical changes to the environment inconsistent with the General Plan as analyzed in the EIR. No additional mitigation measures are necessary. Summary In sum, the General Plan EIR sufficiently analyzed the potential impacts associated with the proposed Development Code Update. The City has a thorough development review process that is fully documented in the General Plan EIR, and that will remain in place following the proposed project. Page 6 of 6