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HomeMy WebLinkAbout886 - OrdinancesORDINANCE NO. 886 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2015-00555, A SUPPLEMENT TO DEVELOPMENT CODE UPDATE DRC2010-00571 AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO CONDITIONALLY PERMIT RESIDENTIAL CARE FACILITIES IN THE LOW (L) AND LOW -MEDIUM (LM) RESIDENTIAL DISTRICTS FOR THE PROPOSED DEVELOPMENT OF A 112 -UNIT RESIDENTIAL CARE FACILITY ON 4.07 ACRES IN THE LOW (L) RESIDENTIAL DISTRICT, ON THE NORTH SIDE OF HIGHLAND AVENUE, BETWEEN ARCHIBALD AVENUE AND HERMOSA AVENUE, LOCATED AT 9944 HIGHLAND AVENUE; APN 020105549; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On January 13, 2016, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the above referenced Development Code Amendment DRC2015-00555 and, following the conclusion thereof, adopted its Resolution No. 16-01, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Amendment. 2. On February 17, 2016, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Development Code Amendment DRC2015-00555. 3. 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 February 17, 2016, 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. On January 13, 2016, the Planning Commission recommended to the City Council adoption of the proposed amendment to permit Residential Care Facilities in the Low (L) and Low -Medium (LM) Residential Districts, subject to approval of a Conditional Use Permit; and C. Residential Care Facilities are permitted in the Medium (M), Medium High (MH), and High (H) Residential Districts, and the Mixed Use (MU) District, subject to the approval of a Conditional Use Permit. Residential Care Facilities are not permitted in the Very Low (VL), Low (L), and Low -Medium (LM) Residential Districts; and Ordinance No. 886 — Page 1 of 4 d. Prior to the 2012 comprehensive update of the City's Development Code, Residential Care Facilities were conditionally permitted in the Low -Medium (LM), Medium (M), Medium High (MH) and High (H) Residential Districts; however, upon adoption of the Development Code Residential Care Facilities were restricted to the Medium (M), Medium High (MH), and High (H) Residential, and Mixed Use (MU) Districts; and e. The proposed amendment will reestablish that Residential Care Facilities are Conditionally Permitted in the Low -Medium (LM) Residential District, but also Conditionally Permit them in the Low (L) Residential District; and f. The proposed amendment 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 by ensuring that future Residential Care Facilities in the Low (L) and Low -Medium (LM) Residential Districts will meet all applicable development standards relating to site development (i.e., setback, height, parking, landscaping, etc.) and operational characteristics to maintain neighborhood compatibility (i.e., noise, access, parking, etc.), and each Residential Care Facility in the Low (L) and Low -Medium (LM) Residential Districts will maintain a minimum 3.0 acre project size; and g. The proposed amendment will not have a significant impact on the environment. Based upon staff's analysis in the Initial Study, on January 13, 2016, the Planning Commission reviewed the Development Code Amendment and the related Design Review (DRC2015-00165) and Conditional Use Permit (DRC2015-00166) applications and determined that, with the imposition of mitigation measures, there would be no significant evidence that the project would have a significant effect on the environment and adopted Resolution No. 16-01, recommending that the City Council of the City of Rancho Cucamonga adopt a Mitigated Negative Declaration; and h. The development of future Residential Care Facilities will be reviewed by the Planning Department on a case-by-case basis, which will include a review of any potential developmental or operational impact each individual project may have on the environment. SECTION 3: Based upon the facts and information contained in the proposed Mitigated 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 Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQK) 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, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration; and b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that Ordinance No. 886 — Page 2 of 4 the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration; and C. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project; and d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision 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: The Development Code is hereby amended to read, in words and figures, as shown in Attachment A. 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. Ordinance No. 886 — Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 211 day of March 2016. AYES: Alexander, Kennedy, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None L. Dennis Michael, NUYOr ATTEST: a ice C. Reynolds, City 66rk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 17th day of February 2016, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of March 2016. Executed this 3 I day of March 2016, at Rancho Cucamonga, California. Ordinance No. 886 — Page 4 of 4 Attachment A Text Amendments to the Development Code Article III —Zoning Districts, Allowed Uses, and Development Standards Table 17.30.030-1 of the Development Code is hereby deleted in its entirety and replaced with the following: Land Use/Zoninga District > -i r; `- _= O 2 a O v z v 0 v 0 0 W 0 O v — c9 = � = 0� O = t� U. v � �. � Residential Uses Adult Day Care P P P P P P P N N N N N NJ NJ N N N N N P N N Home Caretaker Housing C C C C C C C P P P N N N N C C C C P C P P Dwelling, Multi- N N P P P 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 -Family N N P P P P P N N N N N N N NJ N N N N N N N Emergency Shelter N N N N N N N N N P N N N N N C N N N N N N 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 I N N N N Group Residential C C C C C C C C C C C N C N N N N N N C N N Home Occupation (Z) P P P P P P P N N N N N N N N N N N P P N N Live -Work Facility N N N N N N P N N N I N N I N N N N N N N N N N Manufactured Home P P P P N N N N N N N N N N N N N N N P N N (3) Mobile Home Park (3) C C C C C C N N N N N N N N N N N N N N N N Residential Care N C C 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 NENN Home Single -Room Occupancy Facility N N N P P P P N N N N N N N N N N N NTransitional Housing P P P P P P P N N N N N N N N N N N N Agriculture and Animal -Related Uses Agricultural Uses I N N N N N N N N N N N N N N N N N N P N P P Attachment Land Use/Zoningc, '� O�= District > -u 2= a O z a 0 m� V— O z u. :3 Animal Keeping, 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 (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 Insects (4) Animal Keeping, P P N N N N N N N N N N N N N N N N N N N N Livestock 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 Facility, P N N N N N N N N N N N N N N N N N N N N N Hobby Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use C C C C C C CIC 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 CIC C C C C N P P N N N C N N Center/Civic Use 99C Community Garden C C C C C C N N N N N N N N N N N N P N P P Convention Center N N N N N N C C C CIC C C C C C C C N N N N Golf Course/ N N N N N N N N N N N N N N N N J N NC t N C C Clubhouse I . I I Indoor Amusement/ — Entertainment N N N N N N C N C C P P P N N N N N N N N N Facility Indoor Fitness and Sports Facility — N N N N N N C C C C C C C C C C N N N N N N Large Indoor Fitness and Sports Facility — N N N N N N P P P P P C P P C C N N N N N N Small Library and Museum C C C C C C PI Pj P PI NJ P N P I C N N N C C C I C 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 P P P P N N N NJ N N N N N N N P P P P Plaza Public Safety Facility C C C C C C C CIC C C C C C C C C C N C N N Resource-Related j p p p p p p P N rN,NIN N N N N N N N I P I P P P Recreation Land Use/Zoning District j > .1 M -i M__ a M a a O v z v t, V 0 v w� 0 O v— n.O = y O= cc u u. v M �= 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/ C C C C C C C C C C C C C C C C N N N C N N University (Private) School, College/ C C C C C C C I C C C C C C C I C C N N N C N N University (Public) Schools, Specialized Education and N N N N N N C C C C C C C C C C N N N N N N 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 IN d N N N Small I I I Utility, Transportation, Public Facility, and Communication Uses Broadcasting and N N N N N N N P N P N N N P P P N N N N N N Recording Studios Park and Ride N N N N 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 N N P P N P C N C P CIC C C N N C C Transit Facility N N N N N N N N N N N N N N C I C CIC N N N N Utility Facility and Infrastructure - Fixed N N N N N N N N N N N N N N C C C C C N C C Based Structures (5) Utility Facility and Infrastructure — P P P P P P P P P P P P P P P P P P P P P P Pipelines (5) Wind Energy System P N N N N I N I N N N N N N N N N N C C N N N N - SmaII00) Retail, Service, and Office Uses Adult Day Care N N N N N N CC 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 (6) Alcoholic Beverage N N N N N N C N C C C C C C C C N N N N N N Sales Ambulance Service I N I N I N I N i N N N C C C N N N N N C P P N N N N Land Use/Zoning District _jg=_ > -r n a a O v z v C7 v U v m O 0— M = w O= e: v u. v M Animal Sales and N N N N N N P N P P P P N N N N N N N N N N Grooming I I Art, Antique, N N N N I N N P N P P P P P N N N N N N N N N Collectable Shop (12) 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 C C N C C C C C N C N N N N N N Bed and Breakfast C C C N dN N N N N N C C N N N N N N N N N N Inn Building Materials N N N N N N N N N N N N N N N C P P N N N N Store and Yard Business Support N N N N N N P P P P P P P P P P N N N N N N Services Call Center N N N N N N N N N N N N N N C C 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 N N Check Cashing N N N N N N P N P P N N N N P N N N N N N N Business ill 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 Store N N N N I N N C N I C C I N I C N N N N N N N N N N Convenience Store N N N N N N P N P P N C N N C C N N N N N N Crematory Services N N N N N N N N N N N N N N N C N N NNNN c>> Drive -In and Drive - Through Sales and N N N N N N C C C C C N C C C C N N N N N N Service (8) Equipment Sales and N N N N N N N N N C N N N N N C P P N N N N Rental Feed and Tack Store N N N N N N N N P P N N N N N N N N N N N N Furniture, Furnishing, NN N N N N P N P P P P P N N N N N N N N N and 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 I Gun Sales N N N N N N N N N C N N N N N N N I N I N N N N Hookah Shop N N N N N N I C I N I N C N N N N N N N I N I N N N N Land Use2oning-J District > -t s 2= n 2 a O v z v O v 0 v to v w O 0— o, O s 2= vi O s s v u- v 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 I Hotel and Motel N I N N N N N P C N P N N C C P N N N N N N N Internet Cafe N N N N N N P P P P P P P P P N N N N N N N Kennel, Commercial N N N N N N N N N C C N C N C C N N N N N N 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 PP 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 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 P 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 and N N N N N N P P P P P P P P P P N N N N N N 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 I N N N N N N N N N N N Personal Services N N N N N N P P P P P P P P P P N N N N N N 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 and N N N N N N P P P P P P P P P P N N N N N N Wine Restaurant, Full N N N N N N C C C C C C C CC 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 I C C N N N N N N Retail, General N N N N N N I P N P P P P P N C C N N N N N N Retail, Warehouse N N N N N N P N N P P N P N P N N N N N N N Club Secondhand Dealer N N N N N NP JNJPJ P N N N N N N N N N N N N Land Use/Zoning _j 2 2__ 0 a V V v V � O a O g= «� V o U District > -+ a 2 O z (7 a v) � v O z no Shooting Range N N N N N N N N N NINI N NI N N C N N N N N N Smoke Shop (7) N N N N N N N N N C C N C N N N N N N N N N Specialty Food Store N N N N N N P N P P P P P N N N N N N N N N Tattoo Shop (7) 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 Facility C N N N N N C N P P C C =CN P P P N N N N Automobile and Vehicle Uses 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 N N N N N N N C N C N N P N C C N N N N N N Sales and Rental Auto and Vehicle N N N N N N N P P P P N P P P N N N N N N N Sales, 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 NJ 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 Vehicle N N N N N N N N N N N N N N N C C C N N N N 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 C N N N N N P P P N N N N Major Vehicle Services, N N N N N N CCTP P N N C N P P N N N N N N Minor I Industrial, Manufacturing, and Processing Uses Commercial (Secondary/Accessory) N N N N N N N N N N N N N I NJ P P N N N N N N - Industrial Commercial (Re- N N N N N N N N N N N N N N C C N N N N N N purposing) - Industrial 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, ININNNNNNN N I N I N N N N N N N P N N N N Heavy Land Use/Zoning__ District 2 M o, O v Z V t, ' v v vi N W O 0 a — C7 = � = f rn� GC Oi = 0 U_ v � i 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, Light N N N N N N N I N N N N N N N P P N N N N N N Manufacturing, N N N N N N N N N N N N N N P P P P N N N N Medium (9) Microbrewery N N N N N N N N N N N N N N P I P N N N N N N 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, N N N N N N N N P P N N N N N P P P N N N N Collection 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 and N N N N N= N N N N N N N N N N N N C N N N N 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 N N N N N N N N N N N N N N N C C C N N N N Storage Facility Storage Warehouse N N N N N N N N N C N N N N N C C C NJ N N I N 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 Distribution — N N N N N N N N N N N N N N N C P P N N N N Heavy Wholesale, Storage, and Distribution — N N N N N N N N N N N N N N P P P P N N N N Light Wholesale, Storage, and Distribution — N N N N N N N N N N N N N N N P P P N N N N Medium (9) 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. (11) Family Day Care Home — Large requires approval of a Large Family Day Care Permit, not a Conditional Use Permit. (12) "Wholesale, Storage, and Distribution — Medium" Is not permitted on any parcel that is located within, or partly within, 500 feet of the Foothill Boulevard right-of-way. (13) Permitted In Industrial Park and General Industrial zoning districts when proposed In conjunction with "Commercial (Re- purposing) — Industrial" Section 17.32.020 (A)(16) of the Development Code is hereby deleted in its entirety and replaced with the following: 16. Residential Care Facilitv. Consistent with the definitions of state law, a residential care facility provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of Medical Services, Extended Care. When located in the Low (L) and Low -Medium (LM) Residential Districts, a Residential Care Facility shall maintain a minimum 3.0 acre project area.