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HomeMy WebLinkAbout17-83 - Resolutions - Approval Of Municipal Code RESOLUTION NO.17-83 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2017-00726, MODIFYING PARKWAY LANDSCAPING REQUIREMENTS, MODIFYING CONDITIONALLY PERMITTED ZONES FOR INDOOR ENTERTAINMENT AND RECREATION USES AND ADOPTING THE STATE MODEL WATER EFFICIENT LANDSCAPING ORDINANCE A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017- 00726, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application". 2. On September 27, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a 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. 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 the Planning Commission during the above-referenced public hearing on September 27, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City desires to adopt the following changes to Title 17 of the Municipal Code in order to (i) clarify landscape standards in residential parkways; (ii) formally adopt by reference the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses within IP and GI zoning districts; and b. The changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies and implementation programs. General Plan Policy LU-10.3 promotes low water usage, and emphasizes fire-safe defensible space. By allowing turf alternatives in residential parkways, the amount of water needed in residential landscapes is reduced. General Plan Policy LU-10.1 promotes the implementation of the City's Water Efficiency Ordinance and encourages regular review and update. Adopting the State MWELO keeps the ordinance up to date with the latest in water use efficiency standards. General Plan Policy LU-3.2 encourages a mix of retail, service, industrial and manufacturing, and professional uses that create diverse, well-paying employment opportunities. Adding indoor entertainment and recreation uses to the IP and GI zones provides additional flexibility to allow for new uses that are compatible with these zones; however, by allowing it only as a conditionally PLANNING COMMISSION RESOLUTION NO.17-83 MUNICIPAL CODE AMENDMENT DRC2017-00726- CITY OF RANCHO CUCAMONGA September 27, 2017 Page 2 permitted use, the City will review each one proposed for suitability to avoid conflict with surrounding uses. 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. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to amend the municipal code to (i) clarify standards for the use of turf alternative landscape materials in residential parkways; (ii) formally adopt the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses within IP and GI zones will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. The proposed modifications to landscape standards in residential parkways and the revised MWELO will implement policies and procedures to ensure that water resources are conserved by reducing water consumption through the planning, designing, installing, maintaining and managing of water-efficient landscapes. The addition of indoor amusement and entertainment uses to the IP and GI zoning districts does not propose any physical change to the environment itself. The amendment only revises the land use regulation that applies to where indoor amusement and entertainment uses are allowed. It does not permit nor allow the construction of any new locations. Applications for indoor amusement and entertainment uses will be reviewed for CEQA compliance under a separate Conditional Use Permit application. The applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site-specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Therefore, this project will not have a significant effect on the environment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2017-00726 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA "—)(1„P Z.,,,- 1 BY: i,,( rancisco Oaxaca, Chairman ATTEST: C Candyce rnett, Secretary PLANNING COMMISSION RESOLUTION NO.17-83 MUNICIPAL CODE AMENDMENT DRC2017-00726- CITY OF RANCHO CUCAMONGA September 27, 2017 Page 3 I, Candyce Burnett, Secretary of the Planning Commission for 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 September 2017, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA, WIMBERLY ABSTAIN: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE MODIFYING PARKWAY LANDSCAPING REQUIREMENTS, ADOPTING THE STATE MODEL WATER EFFICIENT LANDSCAPING ORDINANCE, AND MODIFYING CONDITIONALLY PERMITTED ZONES FOR INDOOR ENTERTAINMENT AND AMUSEMENT USES, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017- 00726, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the application". 2. On September 27, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Municipal Code Amendment and, following the conclusion thereof, adopted its Resolution No. 07-83, recommending that the City Council of the City of Rancho Cucamonga adopt said Ordinance. 3. On October 18, 2017, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. 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 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 October 18, 2017, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City desires to adopt the following changes to Title 17 of the Municipal code in order to (i) clarify landscape standards in residential parkways; (ii) formally adopt by reference the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses within IP and GI zoning districts; and b. The changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies and implementation programs. General Plan Policy LU-10.3 promotes low water usage, and emphasizes fire-safe defensible space. By allowing turf alternatives in residential parkways, the amount of water needed in residential landscapes is reduced. General Plan Policy LU-10.1 promotes the implementation of the City's Water Efficiency Ordinance and encourages regular review and update. Adopting the State Ordinance No. xxx— Page 1 of 4 ATTACHMENT A MWELO keeps the ordinance up to date with the latest in water use efficiency standards. General Plan Policy LU-3.2 encourages a mix of retail, service, industrial and manufacturing, and professional uses that create diverse, well-paying employment opportunities. Adding indoor entertainment and recreation uses to the IP and GI zones provides additional flexibility to allow for new uses that are compatible with these zones; however, by allowing it only as a conditionally permitted use, the City will review each one proposed for suitability to avoid conflict with surrounding uses; and c. 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. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to amend the municipal code to (i) clarify standards for the use of turf alternative landscape materials in residential parkways; (ii) formally adopt the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses within IP and GI zones will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. The proposed modifications to landscape standards in residential parkways and the revised MWELO will implement policies and procedures to ensure that water resources are conserved by reducing water consumption through the planning, designing, installing, maintaining and managing of water-efficient landscapes. The addition of indoor amusement and entertainment uses to the IP and GI zoning districts does not propose any physical change to the environment itself. The amendment only revises the land use regulation that applies to where indoor amusement and entertainment uses are allowed. It does not permit nor allow the construction of any new locations. Applications for indoor amusement and entertainment uses will be reviewed for CEQA compliance under a separate Conditional Use Permit application. The applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site-specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Therefore, this project will not have a significant effect on the environment. SECTION 3: Table 17.30.030-1 of Section 17.30.030 (Allowed land uses and permit requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) of Title 17 (Development Code) is hereby amended as follows: TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/ VL L LM M MH H MU OP NC GC CC SC RRC CO IP GI MI/HI HI OS HR FC UC Zoning District Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Indoor Amusement/ Entertainment NNNNNNCNCCPP P NCC N NNNNN Facility Ordinance No. xxx— Page 2 of 4 SECTION 4: Section 17.32.020(C)(7) of Chapter 17.32 (Allowed Use Descriptions) of Title 17 (Development Code), is hereby amended as follows: 7. Indoor amusement/entertainment facility. An establishment providing amusement and entertainment services in an indoor facility for a fee or admission charge, including but not limited to, dance halls, ballrooms, bowling alleys, ice skating, roller skating, laser tag, rock climbing, inflatable playgrounds, trampoline parks, escape room venues and electronic game arcades, as primary uses. Four or more electronic games or coin-operated amusements in any establishment, or premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an amusement device arcade as described above; three or less machines are not considered a land use separate from the primary use of the site. SECTION 5: Section 17.56.070(D) of Chapter 17.56 (Landscaping Standards) of Title 17 (Development Code), is hereby added as follows: D. Parkway Landscaping. Permitted parkway groundcover landscaping materials and methods for residential lots are listed below: 1. Low water use plants, excluding cactus, roses and all other plants that contain sharp, pointed and thorn type plant structures. Plants shall not exceed a height of 18 inches at maturity. 2. Low water use turf alternatives (i.e. groundcovers and grasses). 3. Synthetic turf, provided it meets the requirements of 17.56.050. 4. Decomposed Granite, provided it is installed with a stabilizer in accordance with City Standards. 5. Gravel may be used as ground cover only if it is 3/4" in size (i.e. crushed stone) and is not smooth (i.e. pea gravel or river rock). 6. Mulch or bark may be used as a ground cover. 7. Mulch, bark or gravel must be installed just below the curb, to prevent migration of material to the sidewalk or street. 8. The installation of turf alternatives shall not cause negative impact to existing trees within the parkway. A tree root protection zone of five to six feet from the trunk shall be maintained at all times. 9. All trees within the parkway shall be irrigated properly to ensure the life of the tree. SECTION 6: Chapter 17.82 (Water Efficient Landscaping) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is deleted in its entirety and replaced as follows: "CHAPTER 17.82 WATER EFFICIENT LANSCAPING Section 17.82.010: Purpose. Section 17.82.020: State Model Water Efficient Landscape Ordinance. 17.94.010 Purpose. The purpose of this chapter is to ensure the design, installation and maintenance of landscapes in the City meet the requirements of the State of California's Model Water Efficient Landscape Ordinance (MWELO). Ordinance No. xxx— Page 3 of 4 17.94.020 State Model Water Efficient Landscape Ordinance A. The City adopts the State of California's MWELO, which is found in Sections 490-495 of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations." SECTION 7. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No. xxx— Page 4 of 4