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HomeMy WebLinkAbout18-78 - Resolution - Recommending Approval of Municipal Code Amendment DRC2018-00956 Animal KeepingRESOLUTION NO.18-78 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2018-00956, TO CONDITIONALLY PERMIT CERTAIN ANIMAL KEEPING WITHIN THE INDUSTRIAL PARK ZONE AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018- 00956, 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 December 12, 2018, 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 December 12, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. General Plan Economic Development Policy ED -3.7, "Support access to local and regional educational resources that provide educational opportunities to local residents and workers," provides that the City should enhance ongoing educational opportunities for local residents and workers to generate lasting economic benefits by preparing the local workforce for a wide range of employment opportunities. Ensuring that our educational uses can expand their curricula and educational offerings without creating nuisances or impacts expands the educational opportunities for our residents; and b. General Plan Economic Development Policy ED -4.1, "Encourage high-quality design for infill development and continue to support new high-quality uses" is also applicable in guiding the consideration of this code amendment. The standards proposed are designed to minimize impacts to surrounding uses while allowing existing schools in Industrial Park zones to diversify and expand their educational programs. 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. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA PLANNING COMMISSION RESOLUTION NO. 18-78 MUNICIPAL CODE AMENDMENT DRC2018-00956 - CITY OF RANCHO CUCAMONGA December 12, 2018 Page 2 Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The amendment conditionally permits the keeping of a limited number of livestock animals in a single land use zone and on parcels sufficient in size to avoid impacting neighboring uses. The small number of animals is consistent with the existing limits in other zoning districts. Further, the amendment requires discretionary review through the Conditional Use Permit process prior to animal keeping on site. Applications subject to these provisions will be reviewed for CEQA compliance during the Conditional Use Permit entitlement process at which time the applicant may be required to submit environmental studies that analyze potential impact(s), such as, 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, the amendment 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 DRC2018-00956 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 12TH DAY OF DECEMBER 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA B: - 21122 Tony buglielmo, Chairman ATTEST: Candyc Burnett, ecretary 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 12th day of December 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO CONDITIONALLY PERMIT CERTAIN ANIMAL KEEPING IN THE INDUSTRIAL PARK ZONE AND AMENDING SECTIONS 17.30.030 AND 17.88.020 OF THE MUNICIPAL CODE REGARDING THE SAME The City Council of the City of Rancho Cucamonga hereby ordains as follows: Section 1. The City Council hereby amends Table 17.88.020-1 of the Rancho Cucamonga Municipal Code to read as follows: TABLE 17.88.020-1 LIMITS ON ANIMALS Table Notes: (1) Refer to section 17.88.020(E) for additional allowances. (2) More than 5 birds or rodents per each 5,000 square feet of property area may be permitted subject to approval of a Conditional Use Permit. With a Conditional Use Permit as required by Table 17.30.030-1. Additional findings in section 17.88.020 shall be met. Draft Ordinance Page 1 of 3 Minimum Property Maximum Allowed Type of Animal Area (Square Feet per Number 11ai Districts Animal) Domestic Pets • Cat(s) No Minimum Required 3(8) VL, L, LM, M, MH, H, MU, HR • Dog(s) No Minimum Required 3(s) VL, L, LM, M, MH, H, MU, HR • Rodents 12) and Small Birds 12j 5,000 SF (2) 25121 VL, L, LM, M, MH, H, MU, HR • Other Domestic Pets No Minimum Required No Maximum VL, L, LM, M, MH, H, MU, HR Exotic Animals See Table Note #3 VL, L, LM, M, MH, H, MU, HR Insects See Table Note #3 VL only Livestock Animals • Horse (4), Mule (°), Donkey (4), Pony (4,5) or Pot Bellied Pig 151 10,000 SF 6 VL and L • Cattle, Swine, Llama, or similarly 20,000 SF 3 VL and L sized Livestock Animal • Sheep and Goats or similarly sized 5,000 SF 6 VL and L 10 Acres 6 IP only livestock Animal 19) Poultryt9) 5,000 SF 6 VL only 10 Acres 12 IP only Table Notes: (1) Refer to section 17.88.020(E) for additional allowances. (2) More than 5 birds or rodents per each 5,000 square feet of property area may be permitted subject to approval of a Conditional Use Permit. With a Conditional Use Permit as required by Table 17.30.030-1. Additional findings in section 17.88.020 shall be met. Draft Ordinance Page 1 of 3 (4) A property must be a minimum of 20,000 square feet in area to maintain these animals. (5) A pony, which is defined as any horse measuring 14 hands and 2 inches or less in height at the withers, may be kept in addition to the keeping of two horses, or in lieu of two horses, three ponies may be kept on a 20,000 -square -foot lot. (8) Pot belly pigs are subject to the conditions/requirements described in section 17.88.020(F). (1) The overall maximum number of animals that can be kept on a property can be a combination of the permitted different animal types provided that: a. The property complies with the minimum lot size requirement for each individual type of animal; and b. The number of each individual type of animal does not exceed the maximum number of each individual type of animal permitted on the property. (ga For lots with a minimum area of 10,000 square feet, one additional dog and/or cat may be allowed. 19) Such animals may be kept in the IP district on lots of ten acres or greater in size as an accesso use to a private or public school. Additional findings in Section 17.88.020 shall be met. Section 2. The City Council hereby amends the "Agricultural and Animal -Related Uses" provisions of Table 17.30.030-1 of the Rancho Cucamonga Municipal Code to read as follows: TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning VL L LM M MH H MU OP NC GC CC SC RRC CO IP GI IWl/HI Hi OS HR FC UC District Agriculture and Animal - Related Uses Agricultural Uses N N N INININ N N N N NINI N N NINI N N P N P P 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 (4) Animal Keeping, C C C C C C C N N N N NJ 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, Livestock P P N N N N N N N N N N N N C 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 C N N N N N N N Poultry (4) — 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 NNN N N N N N N N N N N N N N N N N N Facilit , Hobb Draft Ordinance Page 2 of 3 Section 3. 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 involves the keeping of a limited number of livestock animals in a single land use zone and on parcels sufficient in size to avoid impacting neighboring uses. The small number of animals is consistent with the existing limits in other zoning districts. This Ordinance does not otherwise permit development within the City. 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 4. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this 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 Ordinance shall remain in full force and effect. Section 5. The City Clerk shall certify to the adoption of this Ordinance. BY: ATTEST: L. Dennis Michael, Mayor Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the , 2018, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on , 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS; ABSENT: COUNCILMEMBERS.- ABSTAINED: COUNCILMEMBERS: Draft Ordinance Page 3 of 3