HomeMy WebLinkAbout932 - Ordinances - ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF CAR WASHES ORDINANCE NO. 932
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ENACTED PURSUANT TO GOVERNMENT CODE SECTION
65858 ESTABLISHING A MORATORIUM ON THE
ESTABLISHMENT OR EXPANSION OF CAR WASHES,
DECLARING THE URGENCY THEREOF, AND MAKING A
DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
A. Recitals.
(i) The City is responsible for adopting and implementing land use regulations within
its boundaries. The Rancho Cucamonga Municipal Code generally regulates the entitlement,
establishment and operation of car washes within the City.
(ii) The proliferation of car washes throughout the City without due consideration
presents an immediate threat to public health, safety or welfare. Car washes are often noisy
because, among other noisy equipment, they require the use of large-scale, industrial
vacuuming systems. Car washes also cause an increase in vehicular traffic in surrounding
areas. These impacts can be particularly acute when car washes are located near residential
uses and when multiple car washes are concentrated in a small area.
(iii) Except within the Haven Overlay Zoning District, the Rancho Cucamonga
Municipal Code does not specify development standards to mitigate impacts caused by car
washes. Although car washes are generally limited to commercial zones upon issuance of a
conditional use permit, the City has not developed a comprehensive set of development
standards for car washes and has not fully evaluated appropriate locations within the City where
car washes should be permitted.
(iv) The City intends to study the issues associated with car washes in order to
determine -which locations are most appropriate for the use, and the types of development
standards that should be imposed on their operation to mitigate noise, traffic, and other impacts.
Within the Haven Overlay Zoning District, for example, car washes are prohibited within one-half
(1) mile of the Foothill Boulevard/Haven Avenue and the 4th Street/Haven Avenue
intersections. Car washes are also prohibited within one-half (1/2) mile of another car wash.
During this moratorium, the City intends to evaluate whether such restrictions, and other
development standards, would be appropriate City-wide.
(v) After undertaking this study the City intends to enact regulations specific to car
washes. The City intends to undertake the required study within a reasonable time. In the
interim, the City Council finds it necessary to establish a moratorium on the development of new
car washes or the expansion of existing car washes in order to prevent a conflict with the
contemplated new policies or regulations.
Ordnance No. 932 — Page 1 of 4
(vi) Absent the passage of this Interim Ordinance, continued approval of
entitlements, building permits, or other approvals for new or expanded car washes poses a
current and immediate threat to the public health, safety or general welfare. If this Interim
Ordinance does not become effective immediately, but instead becomes effective thirty (30)
days after a second reading, there is a risk that further harm will be done to prevent the orderly
development of car washes in the City. There is therefore an urgent necessity for the City to
establish a moratorium on the establishment of new car washes and the expansion of existing
car washes to take effect immediately. This requirement is intended to provide the City with an
opportunity to evaluate and modify its zoning provisions in order to promote the appropriate
development of car washes in the City.
(vii) Due to the foregoing circumstances, the City Council finds and determines that
the immediate preservation of the public health, safety, and welfare requires that this Interim
Ordinance be enacted pursuant to Government Code sections 36934, 36937 and 65858, and
that it take effect immediately upon adoption, and its urgency is hereby declared.
B. Ordinance
NOW, THEREFORE, the City Council hereby ordains as follows:
Section 1. Legislative Findings. The City Council finds that the facts set forth
in the Recitals, Part A, of this Ordinance are true and correct and, based on such facts and the
entirety of the record before it, further finds that the establishment and operation of any new car
wash or the expansion of any existing car wash within the City before the City has a chance to
study current impacts and potential regulation would result in adverse impacts, constitute a
nuisance, and present a risk to the public health, safety, and welfare.
Section 2. Moratorium Established. Notwithstanding any other ordinance or
provision of the Code, the City Council hereby establishes a moratorium on the development of
new car washes and the expansion of existing car washes in all zoning districts within the City.
During the period of this moratorium, no application for a car wash development or use or any
other entitlement or building permit relating to a car wash development or use shall be
accepted, issued or approved, excepting any development or use as to which an application has
been filed with the Planning Department and the application fees have been paid. For the
purposes of this Interim Ordinance, a "car wash" shall have the same meaning as a "car
washing and detailing" use under Rancho Cucamonga Municipal Code Section 17.32.020.F.7.
"Car wash" shall also include an automatic car wash that provides drive-in or drive-through
service pursuant to Rancho Cucamonga Municipal Code Section 17.32.020.E.22. It shall not
include temporary car washes, such as fundraising activities generally conducted at a service
station or other automotive-related business, where volunteers wash vehicles by hand and the
duration of the event is limited to one day.
Section 3. Ordinance is Supplemental. This Interim Ordinance is additional
to and supplemental to, and shall not affect, except as specifically provided herein, any
provision of the Rancho Cucamonga Municipal Code, which shall be operative and remain in full
force and effect without limitation.
Section 4. Term. This Interim Ordinance shall take effect on June 20, 2018,
and shall remain in effect for a period of 45 days from the date of publication in accordance with
Ordnance No. 932 — Page 2 of 4
California Government Code Section 65858, and shall expire, and the prohibition established
hereby shall terminate, forty-five (45) days after the date of adoption unless extended by the
City Council pursuant to California Government Code Section 65858.
Section 5. Immediate Effect. This Interim Ordinance is an urgency ordinance
for the immediate preservation of the public peace, health, and safety within the meaning of
Government Code sections 36934, 36937 and 65858, and therefore shall become effective
immediately upon its adoption if passed by a minimum four-fifths (4/5) vote of the City Council.
Section 6. CEQA. The City Council hereby finds that it can be seen with
certainty that there is no possibility that the adoption of this Interim Ordinance, and the zoning
provisions established hereby, may have a significant effect on the environment, because the
Interim Ordinance will impose greater limitations on development in the City, and will thereby
serve to eliminate potentially significant adverse environmental impacts. It is therefore not
subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3,
Section 15061(b)(3) of the California Code of Regulations.
Section 7. Penalty. Violation of any provision of this Interim Ordinance shall
constitute a misdemeanor and shall be punishable by afine not to exceed one thousand dollars
($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a separate and
distinct violation of this Interim Ordinance.
Section 8. Civil Remedies. The violation of any of the provisions of this
Interim Ordinance hereby adopted shall constitute a nuisance and may be abated by the City
through civil process by means of restraining order, preliminary or permanent injunction, or in
any other manner provided by law for the abatement of such nuisances.
Section 9. Severability. The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Interim Ordinance be rendered or declared invalid
by any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences and words of this Interim
Ordinance shall remain in full force and effect.
Section 10. The City Clerk shall certify to the adoption of this Interim
Ordinance.
Ordnance No. 932 — Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 20th day of June, 2018.
ennis Michael, ayo
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ATTEST:
1m
iLZ- e' X001
4 ice C. Reynolds, CClerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Urgency Ordinance was passed and adopted by a 4/5 vote at a regular meeting of the
City Council of the City of Rancho Cucamonga held on the 20th day of June, 2018, by the
following vote:
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 21St day of June 2018, at Rancho Cucamonga, California.
2Q4',uL,
J ,LNA
anice C. Reynolds, City lark
Ordnance No. 932 — Page 4 of 4