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HomeMy WebLinkAbout935 - Ordinance ORDINANCE NO. 935 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF CAR WASHES, DECLARING THE URGENCY THEREOF 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) On June 20, 2018, the City Council adopted Interim Ordinance No. 932, establishing a moratorium on the establishment or expansion of car washes. (v) The City has initiated its study of 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 (1/2) mile of the Foothill Boulevard/Haven Avenue and the 4th Street/Haven Avenue intersections. Car washes are also prohibited within one-half (1) mile of another car wash. During this moratorium, the City intends to continue evaluating whether such restrictions, and other development standards, would be appropriate City-wide. (vi) After completing this study the City intends to enact regulations specific to car washes. The City intends to complete 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. 935 — Page 1 of 4 (vii) 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, the existing moratorium would expire and 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 continue evaluating and modifying its zoning provisions in order to promote the appropriate development of car washes in the City. (viii) 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. (ix) A written report describing the measures taken to alleviate the conditions which led to the adoption of the aforementioned Interim Ordinance was issued by the City Council on July 18, 2018, which was at least ten (10) days prior to the expiration of the Interim Ordinance on August 4, 2018, in compliance with State law. (x) Pursuant to Government Code Sections 65858 and 65090, the City Council conducted a duly noticed public hearing on August 1, 2018, at which time the City Council considered this Interim Ordinance to extend the existing 45-day moratorium on the establishment or expansion of car washes for an additional 10 months and 15 days. 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 Ordnance No. 935 — Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 1st day of August, 2018. L. a nis Michael, Mayor ATTEST: ice . Reynolds, City Clerk TATE 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 1st day of August, 2018, by the following vote: AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 2nd day of August 2018, at Rancho Cucamonga, California. KJa e . Reynolds, City Clerk Ordnance No. 935 — Page 4 of 4 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 concurrent with the expiration of Urgency Ordinance No. 932 at midnight on August 4, 2018, and shall remain in effect for a period of ten (10) months, fifteen (15) days from the date of publication in accordance with California Government Code Section 65858. Section 5. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the zoning provisions established hereby, may have a significant effect on the environment, because the 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 6. Penalty. Violation of any provision of this Interim Ordinance shall constitute a misdemeanor and shall be punishable by a fine 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 7. 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 8. 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 9. The City Clerk shall certify to the adoption of this Interim Ordinance. Ordnance No. 935 — Page 3 of 4