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HomeMy WebLinkAbout2018-12-12 - Agenda Packet PC-HPClucurmrslcK 14, cV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. — CALL TO ORDER Pledge of Allegiance Roll Call: Chairman Guglielmo Vice Chairman (Vacant) Commissioner Dopp Commissioner Munoz Commissioner Oaxaca Commissioner Wimberly B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of November 28, 2018. Page 1 of 4 Vr-Ur-1V1t5r-K 1 L� LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. D1- Proposed Standards and Land Use Regulations for Car Wash and Mobile Automotive - Related Uses E. PUBLIC HESS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. E1. PUBLIC SCOPING MEETING FOR ENVIRONMENTAL IMPACT REPORT (EIR) FOR GENERAL PLAN AMENDMENT DRC2015-00749, ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN PROJECT DRC2015-00751, ZONING MAP AMENDMENT DRC2015-00752, ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2015-00750, AND ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN ANNEXATION DRC2015-00732 - CITY OF RANCHO CUCAMONGA - An opportunity for the public to give testimony pertaining to the environmental issues to be addressed in the preparation of an Environmental Impact Report (EIR) for approximately 4,388 acres (including 4,088 acres to be annexed into the City), which proposes to maintain the northerly 3,176 acres as a "conservation priority area" with limited rural development, and to allow development in the southerly 1,212 acre "neighborhood priority area" with land uses to include conservation, residential, commercial, and civic for a project area extending from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary in the City's Sphere-of-Influence-APN's: 0201-033-32,-35 through -40, -43, and -44, 0201-191-27 and -28, 0201-272-14 through -18, 0201-281-02, -04 through -10, -13, -14, -16 through -22, 0225-091-03, 05, and -06, 225-092-01, 0225-101-32, 0225- 152-06 through -11, and -17, 0225-161-42, 0226-061-03, -07, -16, -20, -26, -27, -28, -33, -47. -56, -57, -61 through -71, -73 through -78, 0226-082-08, -19, -20, -21, and -30, 1074-351-01, -04, -05, and -06, 1087-051-02 through -14, -16 through -27, 1087-061-01 through -21, and 1087-071-01 through -14, and -16 through -21. Page 2 of 4 DECEMBER 12, 201$ HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E2. MUNICIPAL CODE AMENDMENT DRC2018-00956 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 (Development Code) of the Municipal Code to expand limits on animal keeping for educational uses in the Industrial Park (IP) Zone. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15061(b)(3). This item will be forwarded to City Council for final action. F. COMMISSION BUSINESSlHISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: COMMISSION ANNOUNCEMENTS: G. ADJOURNMENT I, Susan Shaker, Acting Executive Assistant 11 of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Thursday, December 06, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Susakt. Shakier Susan Shaker Acting Executive Assistant 11 City of Rancho Cucamonga If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC Page 3 of 4 VGL,+GIY or -M 1 jag LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,793 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. Page 4 of 4 Vicinity Map Historic Preservation and Planning Commission Meeting December 12,2018 Base Line Foothill Arrow 8th N 7 0 L M Base Line Church l I F Church lztiFoothill -E.0 N �kv C L Arrow 1 Q U i Base Line Foothill Arrow 8th N 7 0 L M E1: Public Scoping for EIR for EHNCP E2: Municipal Code Amendment DRC2018-00956-City-wide Base Line Church l I F Church lztiFoothill -E.0 N �kv C L Arrow JI rsey i a � Q= w j l� N c N 6th IWO h• 6t J4th 4th � a = _ � * Meeting Location: City Hall/Council Chambers 10500 Civic Center Drive E1: Public Scoping for EIR for EHNCP E2: Municipal Code Amendment DRC2018-00956-City-wide IVUVCIVIMCM 'Loy LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. - CALL TO ORDER 7:00 PM Pledge of Allegiance Roll Call: Chairman Guglielmo X Vice Chairman (Vacant) X_ Commissioner Munoz A_ Commissioner Oaxaca X_ Commissioner Wimberly _X_ Additional Staff Present_ Candyce Burnett City Planner, Brian Sandona, Senior Engineer, Susan Shaker, Acting Executive Assistant 11; Mike Smith, Senior Planner,- Donald Granger, Senior Planner,- Tabe van der Zwaag, Associate Planner B. ANNOUNCEMENTS B1. INTRODUCTION OF NEWLY APPOINTED HISTORIC PRESERVATION/PLANNING COMMISSION MEMBER BRYAN DOPP Susan Shaker, Acting Executive Assistant 11, stated for the record that Commissioner Dopp was present and has taken his seat on the Planning Commission_ C. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate Page 1 of 7 C1—Pgl IYVVGIVitstm LOQ LV IO HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. NONE D. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. D1. Consideration to adopt Regular Meeting Minutes of November 14, 2018 Moved by Wimberly. seconded by Oaxaca. carried 3-0-1-1 (Munoz absent, Dopp abstaining) to adopt the Consent Calendar E. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. E1. Requirement for 3D Renderings, 3D Modeling and for Virtual Tours for Proposed Projects Candyce Burnett. City Planner. gave the staff report and asked for feedback and direction from the Commission about the proposed policy so that a formal policy of the new visual requirements can be written and implemented. Commissioner Wimberly stated that the staff report addressed most of the concerns he had, especially during Design Review, by enhancing the ability to see the placement of the projects themselves in relation to the project site and surrounding neighborhood. Commissioner Oaxaca concurred with Commissioner Wimberly and added that he is satisfied with the proposed timing threshold of when additional materials need to be provided, but asked staff how these new visual 3D -renderings and models will translate visually and be presented to the Planning Page 2of7 C1—Pg2 NOVEMBER 28, 20'18 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CiVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commission. He also asked if there has been any feedback from developers about the proposed formalized policy. Ms. Burnett replied the presentation would depend on what type of rendering is required and received. For example, a computerized 3D modeling or fly through could be presented in a PowerPoint format and a 3D rendering could still be presented in the agenda packet. She also stated that the feedback from developers has generally been accepting once they understand that it is something unique to the community and it helps the public and the Commission understand and visualize the project. Commissioner Dopp said that it is a great idea, not only for the Planning Commission but for the public to help alleviate concerns. He asked if the specific type of additional visual materials provided would be up to the discretion of the developer or of staff. Ms. Bumett replied that depending on the unique nature of each project, it would be up to staff to determine which enhanced visual elements would benefit the Commission and public the most as the projects are presented_ Chairman Guglielmo commented on the currently proposed threshold of multi -family developments of 4 units and asked about potentially increasing it to 5+ units or since a development of 1-4 units is considered a smaller development_ He also asked if this policy would be retroactive. Ms. Burnett stated that the threshold of 4 units was chosen because the City is facing a larger number of infill developments which are generally going to be smaller developments and the concern was regarding how these infill projects would fit in with the community. However, it is up to the Commission if they would like to raise the threshold of multi -family units. She further said that this policy would be applied moving forward or as deemed necessary as projects move forward as part of the completeness process per the existing Development Code provisions_ Nick Ghirelll, Assistant City Attorney, stated that the policy will be implemented as part of the application checklist, therefore it cannot be applied retroactively to projects already deemed complete. Chairman Guglielmo asked how the compatibility of the project to the surrounding areas will be shown and if there were any plans to provide a similar City-wide 3D map for Rancho Cucamonga that is used in Pasadena (Exhibit A). Page 3 of 7 C1--Pg3 nuvr-mul-K 40, ALU 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Ms. Burnett answered that the City of Pasadena was building on an existing 3D modeling database that Rancho Cucamonga doesn't have, however the applicant will be asked to look at the compatibility outside their parcel. Commissioner Wimberly asked if the Commission would have access to the digital images of the new visual materials when the agenda packets are received. Ms. Burnett replied that anything that is part of the agenda packet will be available to view, but opportunities to provide more digital data will be looked at moving forward, Ms, Burnett asked if there was any additional direction on the threshold for the minimum number of units for multi -family developments. Commissioners Wimberly, Oaxaca, and Dopp concurred that they are in agreement with staff to keep the minimum threshold at 4 units for multi -family developments. F. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. F1. TIME EXTENSION DRC2018-00816 -GOLDEN AVENUE DEVELOPMENT, INC. -A request --to allow for a one (1) year time extension of a previously approved Tentative Tract Map (SUBTT17444) related to a 13 -unit condominium development on 2.17 acres of land in the Low Medium (LM) Residential District (4 to 8 dwelling units per acre) located on the west side of Archibald Avenue and 150 feet north of Monte Vista Street - APN: 0202-131-27, -61 and - 62. On October 10, 2007, a Mitigated Negative Declaration of environmental impacts was adopted by the Planning Commission for Tentative Tract Map SUBTT17444. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to the projects within the scope of the previous Mitigated Negative Declaration. Tabe Van der Zwaag, Associate Planner. gave the staff report and PowerPoint presentation (copy on file). Page 4 of 7 C1—Pg4 IV V V r-1vi r -M LOQ LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Chairman Guglielmo opened the public hearing. Tracy Scott, resident, spoke against the project stating that there is too much development in the City and not enough balance between developments and open space. She cited the land adjacent to Los Osos High School, the open space at Central Park, and the proposed Time Extension site as examples of concern. Chairman Guglielmo closed the public hearing Jun Chen, applicant, responded to the public comment and stated while he understands the concern with too much development, this specific project is not a high-density development and consists of 13 single-family homes. Additionally, he stated that the project will be beneficial to the neighbors with the installation of a traffic light and the enhancements to the storm drain system. Commissioner Wimberly said he has no issues with the Time Extension and Commissioner Oaxaca and Chairman Guglielmo concurred. Commissioner Dopp asked what the process would be if the Time Extension is denied. Mr. Van der Zwaag replied that the map would expire and the since the developer cannot build without an approved map, they would have to start the process from the beginning. Moved by Oaxaca, seconded by Wimberly, carried 4-0-1 (Munoz absent) to adopt the Resolution approving Time Extension DRC2018-00816 as presented by staff. G. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: NONE COMMISSION ANNOUNCEMENTS: NONE 7:36 PM H. ADJOURNMENT Page 5 of 7 C1—Pg5 NOVEMBER 28, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 1, Susan Shaker, Acting Executive Assistant II of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Wednesday, November 21, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. susaw shaleer Susan Shaker Acting Executive Assistant II City of Rancho Cucamonga INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages Free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group, To encourage all views and promote courtesy to others: the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item_ To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name: address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling Page 6 of 7 C1—Pg6 I1qVVCIvic5cm 401 LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA agenda items will be at the discretion of the Commission and the Planning Director AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commissions decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,793 for all decisions of the Commission_ (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CitvofRC.us. Page 7 of 7 C1—Pg7 DATE: December 12, 2018 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner INITIATED BY: Jennifer Nakamura, Associate Planner Perry Banner, Contract Planner SUBJECT: A Director's Report on Proposed Standards and Land Use Regulations for Car Wash and Mobile Automotive -Related Uses RECOMMENDATION: Staff recommends that the Planning Commission consider the information presented by Staff and provide direction on the proposed Development Code standards as it relates to the development and operation of car washes and mobile automotive uses within the City. BACKGROUND: A. Timeline: On May 23, 2018, the Planning Commission was presented with information on the City's car wash regulations. Staff expressed concerns about the standards currently in place for the land use and presented options for addressing the matter. The consensus of the Commission was to support a moratorium on new commercial car washes for a period up to one (1) year to allow staff to prepare an amendment to the car wash regulations. On June 20, 2018, the City Council adopted an Urgency Interim Ordinance (Ordinance No. 932 - Exhibit A) establishing a moratorium on the establishment or expansion of car washes for a period of 45 days. On August 1, 2018, the City Council extended the urgency ordinance for an additional 10 months and 15 days for a period of one (1) year in total. (Ordinance No. 935 - Exhibit A). B. Car Washes — Background History: Car washes have been around since 1914 and have steadily developed to incorporate automation and water -saving technologies (Exhibit B). There are three primary types of car washes today: full service, express service, and flex - serve, i.e. flex service. Full service car washes are typically stand-alone facilities that employ a relatively large number of people either to wash, hand wash, or detail vehicles. These types of car washes are typically a primary and only use on a property. Express car washes are usually associated with gas stations and are more commonly called drive-thru car washes. These facilities are a secondary, accessory use relative to the gas station, convenience store, or combination thereof. They are fully automated and require little to no staff. Older, unattended self-service car washes where customers wash, dry, and vacuum their own vehicles also fall within the express car wash category as these types of facilities are typically unattended. D1—Pg 1 PLANNING COMMISSION STAFF REPORT CAR WASH AND MOBILE AUTOMOTIVE -RELATED LAND USE REGULATIONS December 12, 2018 Page 2 A hybrid of the full service and express service car wash models — flex -service car washes — combine the full service and express car wash models to offer both services in one location. The car wash industry is trending toward greater flexibility and reducing labor costs by transitioning from a full-service model to a flex -service model, often with a flat monthly fee for unlimited washes. The foundation of this style is a conveyorized tunnel with an entry payment system. Customers select a base wash package at the automated computer attendant and then add optional aftercare services such as interior vacuum, waxing, and/or a tire shine. All wash customers stay in the vehicle through the wash, Customers who purchased aftercare services follow directional signage to an aftercare center where they turn over their car to an attendant and wait in a lobby while their vehicle is prepared. Customers who did not elect any of the optional services may still utilize vacuums at vended stations which may contain between 10 to 40 vacuums Flex -service car washes usually employ less staff than full service car washes_ There are currently no City-wide regulations in effect regarding the operational and locational standards for car wash facilities of any type_ C Mobile Car Washes and Other Mobile Automotive Uses: The mobile car wash and mobile auto detailing industry rose in the early 2000s, particularly in California. Customers willing to pay $40 to more than $1,200 for the most expensive detailing, enjoy the convenience of having the service provided on-site, at home or at the office_ Mobile car wash and detailing has become a specialization on its own notably because of its entrepreneurial nature. Business owners purchase a generator, a water tank or waterless tank (waterless mobile car washes are a new growing trend due to the drought in California), and adapted products. However, there are environmental concerns with mobile car washes due to the potential for illicit discharge of pollutants. As part of the examination of mobile car washes, other mobile automotive uses such as auto repair and auto glass repair may require consideration of specific operational standards. ANALYSIS: A General — Car Washes: There are currently 3 full service, 10 express, and 1 flex -service car washes operating in the City, as outlined in the following table and attached map (Exhibit C): !NUMBER TYPE NAME ADDRESS 1 Full Service Los Osos Car Wash 10431 Alta Loma Drive 2 Full Service Deer Creek Car Wash 10340 Foothill Boulevard 3 Full Service Rancho Carwash ti 10075 Arrow Route 4 Express Grove Self -Service Car Wash 8761 Grove Avenue 5 Express Red Hill Car Wash (Self -Service) 8285 San Bernardino Road 6 Express Sunrise Car Wash (Self -Service) 8601 Baseline Road 7 Express 7 -Eleven Shell (Drive-Thru) 8118 Masi Drive 8 Express Chevron 12659 Foothill Boulevard 9 Express Chevron 8075 Monet Avenue D1 --Pg 2 PLANNING COMMISSION STAFF REPORT CAR WASH AND MOBILE AUTOMOTIVE -RELATED LAND USE REGULATIONS December 12, 2018 Page 3 10 Express Chevron 8801 Foothill Boulevard 11 Express Circle K 10550 Town Center Drive 12 Express Circle K 6539 Milliken Avenue 13 Express Tesoro Arco 9280 Haven Avenue 14 Flex -Serve Haven Car Wash 8777 Haven Avenue Car washes remain popular among drivers as the convenience and relative low cost of getting a car wash continues to attract customers. Additionally, there are environmental benefits to modern car washes as they utilize water recycling systems that consume less water than washing a car at home on a driveway. Trends in car wash development suggest a movement from full service car washes to express and flex -service car wash models. Car washes are often loud because, in addition to other equipment that generates noise during their operation, they require the use of large-scale, industrial vacuuming systems. 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. Car washes surrounded by residential uses may have the potential to expose neighboring residents to excessive noise. There are examples in other cities of car washes becoming a nuisance use, as exhibited in the City of San Luis Obispo (see Exhibits D and E). With the monthly flat fee unlimited wash model, individuals are incentivized to wash their vehicles more frequently, contributing to an increase in vehicular traffic in surrounding areas. As car washes move from full service to express and flex -service models, there is also concern that fewer on-site employees may result in less on-site oversight, and therefore less control of impacts that these facilities may have on adjacent properties. Except for the Haven Avenue Overlay District, the Rancho Cucamonga Municipal Code does not have City-wide development standards to mitigate impacts caused by car washes_ Currently, car washes are a conditionally permitted use in the Office Professional (OP), Neighborhood Commercial (NC), General Commercial (GC), Commercial Community (CC), and Regional Related Commercial (RRC) Districts. Note: some of these Districts are also in the Terra Vista and Victoria Community Plans. The Haven Avenue Overlay District prohibits car washing and detailing establishments within 0.50 -mile of the intersection of Haven Avenue and Foothill Boulevard, and the intersection of Haven Avenue and 4th Street. Additionally, car wash and detailing establishments are prohibited within a 0.50 -mile of another car wash and/or detailing establishment. Due to the concerns noted above, Staff believes that without further regulation of their location and operation, there is the potential for significant negative impacts by the development of new car washes or the expansion of existing car washes that cannot be mitigated. Staff has studied the issues associated with car washes 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 any potential impacts. This included reviewing land use definitions for car washes to determine if revisions are needed, evaluating all land use districts in which car washes are permitted for suitability, and studying development standards and best practices from other jurisdictions to determine if they would be appropriate in Rancho Cucamonga (see examples - Exhibits F and G). What follows are recommended changes to D1—Pg 3 PLANNING COMMISSION STAFF REPORT CAR WASH AND MOBILE AUTOMOTIVE -RELATED LAND USE REGULATIONS December 12, 2018 Page 4 the Development Code to more appropriately regulate car washes and mobile automotive uses. B. Existing Regulations: Currently, car washes can only be approved in Rancho Cucamonga following the approval of a Conditional Use Permit (CUP), which provides the City with discretionary review ability. This allows staff and the Planning Commission to consider each car wash application on a case-by-case basis and to apply specific conditions to a project to ensure land use compatibility with the surrounding area. It is recommended that the City maintain this requirement for a CUP for car wash facilities. C. Locations: As noted above, car washes are allowed in several commercial land use districts. Car washes are also allowed in both the Haven Avenue Overlay District and the Industrial Commercial Overlay District within the Industrial Park (IP) underlying zone. A brief description of the intended land uses for these zoning districts follows: Office/Professional. Designates areas primarily for the development of profess ion alladministrative offices and personal services rather than OP commodities. Site development regulations and performance standards are designed to make such uses relatively compatible with residential uses. Neighborhood Commercial. Designates areas for immediate day-to-day convenience shopping and services for the residents of the immediate NC neighborhood. Site development regulations and performance standards are intended to make such uses compatible to and harmonious with the character of surrounding residential or less intense land use area. General Commercial. Designates areas for general commercial activities and services of a more intensive nature, including but not limited to major shopping I GC facilities, major service-oriented uses, major financial, and corporate headquarters that are designed to serve the city or the region as a whole and are typically located primarily along major transportation routes. Community Commercial. Designates areas for commercial activities and CC services on a larger scale. Businesses are typically auto oriented and located along major commercial corridors. Regional Related Commercial. Designates areas for large-scale commercial development that serves both local and regional needs. Sites are easily RRC accessible from freeways and may contain a variety of goods and services, such as large -format retail, department stores, eating and drinking establishments, hotels, and motels. Industrial Park. Designates areas for industrial firms seeking an attractive and pleasant working environment and a location which has prestige value. The Ip district allows light industrial uses, office and administration facilities, research and development laboratories, and limited types of warehousing, as well as support businesses and commercial service uses. As developable land becomes scarcer in the City there is concern that a proliferation of car washes without further regulation could have adverse impacts on neighborhoods and result in significant, irreversible change to neighborhood and community character. As the City has transitioned to in -fill development and re -development of existing areas, there is less available open commercial land to locate new car wash facilities. Many smaller commercial parcels D1 --Pg 4 PLANNING COMMISSION STAFF REPORT CAR WASH AND MOBILE AUTOMOTIVE -RELATED LAND USE REGULATIONS December 12, 2018 Page 5 potentially available for this type of land use are near or adjacent to residential uses that could be negatively impacted by this use. Unattended or lightly staffed car washes with the potential for traffic and noise impacts may not be the best use of the sparsely available commercial land and on those sites that are in close proximity to residentially zoned properties they may not be compatible. In evaluating the suitability of the land use districts in which car washes are permitted an argument can be made that the Neighborhood Commercial (NC) District and the Office/Professional (OP) District may be the two least suitable and the suitability of allowing car washes in these land use districts should be reconsidered. Although residential zones abut much of the commercial land in the City, with the one exception being for the Regional Related Commercial (RRC) District, the Neighborhood Commercial District is intended for smaller scale, less intensive uses that serve the needs of the immediate neighborhood. Likewise, the Office/Professional District is primarily meant for professional/administrative offices and personal services. Given that development pressure will continue throughout the City for land that will become increasingly scarce, preserving the Neighborhood Commercial District and the Office/Professional District for higher and better uses may be an economically strategic option. Furthermore, removing car washes as a conditionally permitted use in the Neighborhood Commercial District and the Office/Professional District will minimize, if not eliminate, any potential conflict between car wash operations and sensitive residential receptors. It should be noted that any existing car wash in these districts would be allowed to continue operations as a legal, nonconforming use. D. Proposed Development Standards: The application of development and operational standards for car washes will ensure the consistency of regulations for new car washes and for the expansion of existing car washes. Of principal concern is the impact of car washes on residential uses. The proposed development standards will mitigate against the negative impacts that could result from new and remodeled car wash sites. • Residential Setback. Whether automatic, by hand, or self-service, the car wash structure (including wash bays) and outdoor vacuuming machines or areas, shall be located a minimum one hundred (100) feet from the boundary of any residential or mixed-use district and/or residential structure. • Openings. All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property. Queuing of Vehicles. An on-site queuing plan shall be provided to the City for review and approval. Traffic circulation shall be designed to ensure efficient circulation on and off the subject site and ensure that the car wash will not obstruct the use of any service station gasoline dispensers, drive aisles, back-up areas, or parking spaces. Furthermore, vehicles shall not queue onto a public street, alley, driveway, or onto adjacent properties/parcels not associated with the car wash use. • Design. All car wash developments shall be subject to the Rancho Cucamonga Commercial and Industrial Design Guidelines. The car wash structure must be architecturally compatible with any other buildings on site and with the surrounding neighborhood. D1—Pg 5 PLANNING COMMISSION STAFF REPORT CAR WASH AND MOBILE AUTOMOTIVE -RELATED LAND USE REGULATIONS December 12, 2018 Page 6 E. Proposed Operational Requirements • Hours of Operation. Hours of operation shall be limited to: Monday through Saturday, 8:00 AM to 7:00 PM; and Sunday, 9:00 AM to 6:00 PM. • Water Recycling. Recycling of water used for vehicle washing shall be maximized. The use of recycling water systems and the disposal of water fluids and solids shall comply with applicable state and federal guidelines/standards and must be approved by the Engineering Services Department. • Air Quality. All mechanical ventilating equipment shall be directed to exhaust vents and cannot face adjacent residential properties, Exhaust systems shall be equipped with appropriate control systems to minimize or eliminate noxious pollutants that may impact ambient air quality and must adhere to all applicable local, state, and federal air quality standards. • Noise. All uses at the subject site, including any power driven or steam cleaning machinery, drying equipment, or vacuuming machines shall maintain noise levels below the levels provided in Section 17.66,050 "Noise standards" of this Code. • Outdoor Loudspeakers. The installation and operation of outdoor loudspeakers or public- address systems are not permitted F Proposed Operational Re uirements - Mobile Car Washes: By their nature, mobile carwashes do not have a fixed location — the car wash and/or detailing service is provided on-site at the customer's home or place of business. Although development standards may not apply to the use, operational requirements are necessary to mitigate nuisance issues associated with noise and the illicit discharge of pollutants into the stormwater system. The following are proposed operational requirements.- Wash equirements: Wash Area. Operators are prohibited from engaging in washing the exterior of a vehicle on any public street or public right-of-way, or on any vacant unimproved lot, • Location. Mobile car wash/auto detailing businesses operating in non-residential districts shall not operate within 300 feet of a boundary of a residential district and/or residential structure. • Hours of Operation. Hours of operation in residential districts shall be limited to 8:00 AM to 7:00 PM, Monday through Saturday and 9,00 AM to 6:00 PM on Sunday. Hours of operation in industrial districts shall be limited to Monday through Friday, 8:00 AM to 7.00 PM. • Time Limits, Mobile car wash/auto detailing businesses shall not operate at the same location and/or on the same property for more than four (4) hours during the permitted hours of operation (as identified above). In Industrial districts: mobile car wash/auto detailing businesses shall not operate at the same location and/or at the same property for more than four (4) hours during the permitted hours of operation (as identified above) and shall not operate for more than one day per week. D1—Pg 6 PLANNING COMMISSION STAFF REPORT CAR WASH AND MOBILE AUTOMOTIVE -RELATED LAND USE REGULATIONS December 12, 2018 Page 7 • Number of Vehicles. In Industrial districts, mobile car wash/auto detailing businesses shall not service more than twenty (20) vehicles per week. • Noise. Operators shall maintain noise levels below the levels provided in Section 17.66.050 "Noise standards" of this Code, • Property owner authorization. The operator of a mobile car washlauto detailing business shall obtain, and have evidence of, the authorization of the property owner (or the property owner's authorized representative) to operate prior to commencement of operations and throughout the duration of the activities. • Water Containment or Diversion. At all times operators shall either contain wastewater for disposal off site or divert wastewater to a sanitary sewer on site to the satisfaction of the Director of Engineering_ G. Proposed Regulations for other mobile automotive -related uses: In general, other mobile automotive -related uses should be restricted to performing only minor vehicle repair which shall include brake part replacement, minor tune-up. change of oil and filter, repair of flat tire, lubrication, auto glass repair and replacement, and other similar operations. Furthermore, it should be unlawful for a mobile automotive use to perform major automobile repair or maintenance, which shall include any vehicle repair and maintenance other than the listed operations, including body or painting work of vehicle or vehicle parts. Operators of mobile automotive -related uses (including mobile car washes) should also be subject to the City's solicitation requirements as outlined in Chapter 9.1 "Solicitation" of the Municipal Code, which would require the operator to obtain a permit as a noncharitable solicitor and help to minimize residents and businesses from being inconvenienced by any unwelcomed soliciting. NEXT STEPS: Upon receiving input and direction from the Planning Commission, staff will prepare a Municipal Code Amendment with any proposed new regulations for car washes and/or mobile car washes and other mobile automotive -related uses for consideration by the Planning Commission and City Council. EXHIBITS: Exhibit A — City Council Staff Reports dated June 20, 2018 and August 1, 2018 and Ordinance Nos. 9321935 Exhibit B --- Car Wash History Infographic Exhibit C — Map: Car Washes in Rancho Cucamonga Exhibit D — Internet News Article Exhibit E — Internet News Article (Leiter to Editor) Exhibit F — Regulations for Automated Car Washes — City of Inglewood, CA Exhibit G — Regulations for Mobile Car Wash/Auto Detail Businesses -- City of Las Vegas, NV D1—Pg 7 DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Vincent Acuna, Assistant Planner SUBJECT: CONSIDERATION TO ADOPT AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF CAR WASHES FORA PERIOD OF 45 DAYS. RECOMMENDATION: Staff recommends that the City Council adopt Urgency Interim Zoning Ordinance entitled "An Interim Zoning Ordinance of the City Council of the City of Rancho Cucamonga 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" by four-fifths vote by title only. BACKGROUND: Pursuant to State law, Government Code Section 65858, a city may enact an interim Zoning Ordinance on an urgency basis to protect the public safety, health, and welfare by prohibiting any use(s) that may be in conflict with a contemplated change to a city's General Plan, Specific Plan, zoning requirements, or any such change that a city is intending to study within a reasonable period of time. If approved, the interim ordinance will be effective for a period of 45 days from the date of adoption, unless extended prior to the end of the 45 -day period. An urgency ordinance may be extended at a public hearing by a four-fifths vote of the Council. Within the past year, the City has received an increasing amount of inquiries regarding the development of car washes. As developable land become scarcer in the City, there is concern that the proliferation of car washes without further regulation could have adverse impacts on neighborhoods and result in significant, irreversible change to neighborhood and community character. Additionally, staff noticed a trend where existing full-service car washes are gradually converting to self-service or express service facilities. These raised questions of staff about how the Development Code regulates car washes and if a revision in standards was needed. ANALYSIS: There are three prevalent types of car washes: full service, express, and flex serve. Full service car washes are usually stand-alone facilities that employ a relatively large number of employees either to wash, hand wash, or detail vehicles. Express car washes are usually fully -automated facilities associated with gas EXHIBIT A D1—Pg 8 Page 176 stations, and more commonly called drive-thru car washes. Older, unattended self-service car washes where customers wash, dry, and vacuum their own vehicles also fall within the express car wash category, as these types of facilities are typically unattended. Flex serve car washes combine the full service and express car wash models. Customers select a base wash package, drive through an automated wash tunnel, and are then given the option to add optional aftercare services, such as interior vacuum, waxing, and/or a tire shine. All wash customers stay in the vehicle through the automated wash cycle and proceed to vended vacuum stations. Customers who purchased aftercare services follow directional signage to an aftercare center where they tum over their car to an attendant and wait in a lobby while their vehicle is prepared. Flex service car washes usually employ less staff than full service car washes. There are currently no City-wide regulations in effect regarding the operational and locational standards for car washes of any type. There are currently 3 full service, 10 express, and 1 flex service car washes operating in the City, as outlined in the following table (see Attachment 1 for a map of all car washes. Note that car washes within 1/2 mile from the City boundaries are also shown for context). NUMBER TYPE NAME ADDRESS 1 Full Service Los Osos Car Wash 10431 Alta Loma Dr. 2 Full Service Deer Creek Car Wash 10340 Foothill Blvd. 3 Full Service Rancho Car Wash 10075 Arrow Rte. 4 Express Grove Self -Service Car Wash 8761 Grove Ave. 5 Express Red Hill Car Wash (Self Service) 8285 San Bernardino Rd. 6 Express Sunrize Car Wash (Self- Service 8601 Baseline Rd. 7 Express 7-11 Shell Drive-Thru 8118 Masi Dr. 8 Express Chevron 12659 Foothill Blvd. 9 Express Chevron 8075 Monet Ave. 10 Express Chevron 8801 Foothill Blvd. 11 Express Circle K 10550 Town Center Dr. 12 Express Circle K 6539 Milliken Ave. 13 Express Tesoro Arco 9280 Haven Ave. 14 Flex Serve Haven Car Wash 8777 Haven Ave. There is continued popularity of car washes among the public, as the convenience and relative low cost of getting a car wash continues to attract customers. Additionally, there are environmental benefits to modem car washes, as they utilize water recycling systems that consume less water than washing a car at home on a driveway. Trends in car wash development suggest a movement from full service car washes to express and flex -service car wash models (see Attachments 2 and 3). Recently, flex -service car washes have started to offer "all you can wash" programs, where customers are allowed unlimited, washes for a flat monthly fee. The relative affordability of this monthly fee could have the potential to encourage more frequent visits to a car wash. As previously noted, there is concern that the proliferation of car washes without further regulation could have adverse impacts on neighborhoods and result in significant, irreversible changes to neighborhood and community character, especially as developable land becomes scarcer in the City. 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. Car washes surrounded by residential uses may have the potential to expose surrounding residents to excessive noise. as exhibited in one instance at the City of D1—Pg 9 Page 177 San Luis Obispo (see Attachment 4). As car washes move from full service to express and flex service models, there is also concern that fewer on-site employees may result in less on-site oversight, and therefore less control of impacts that these facilities may have on adjacent properties. The Haven Avenue Overlay District prohibits car washing and detailing establishments within a half mile from the intersection of Haven Avenue Foothill Boulevard, and the intersection of Haven Avenue and 4th Street. Additionally, car washing and detailing establishments are also prohibited within a half mile of another car wash and/or detailing establishment. Except for the Haven Overlay Zoning District, the Rancho Cucamonga Municipal Code currently does not have City-wide development standards to mitigate impacts caused by car washes. Additionally, the City has not fully evaluated appropriate locations within the City where car washes should be permitted. Staff 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 any potential impacts. This includes reviewing land use definitions for car washes to determine if revisions are needed, evaluating all land use districts in which car washes are permitted for suitability and study development standards and best practices from other jurisdictions to determine if they would be appropriate City-wide. Staff believes that 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. Without further regulation of their location and operation, there is the potential for significant negative impacts by the development of new car washes or the expansion of existing car washes that cannot be mitigated. Staff presented this topic at the May 23, 2418 Planning Commission hearing, and the Planning Commission considered two options: The first option was to recommend to the City Council to enact an interim zoning ordinance establishing a moratorium on the establishment or expansion of car washes to allow staff to draft a permanent ordinance. The second option was to direct staff to evaluate impacts related to car washes and draft an ordinance without a moratorium. The Planning Commission reviewed each option presented by staff and understood staff concerns about the potential impacts to adjacent uses, particularly residential uses. During the hearing, The Commission recognized that there is a demand for these uses and a desire for the development of new car washes, but being proactive to prevent incompatibility between car washes and adjacent land uses was important as well. The Planning Commission agreed that the current development standards are inadequate to sufficiently address potential impacts of new car washes or expansions to existing car washes to surrounding areas, especially in residential neighborhoods (see Attachment 5, May 23, 2018 Planning Commission Minutes). The Planning Commission unanimously voted to recommend the City Council enact an interim zoning ordinance to establish a moratorium on the establishment or expansion of car washes. The Commission felt that potential impacts such as noise and traffic to neighborhoods could be severe, and determined that a moratorium would be appropriate to allow staff to further study the issue. The Commission further directed staff to draft permanent standards to be presented to the Planning Commission for consideration as quickly as possible, to reduce the impact of a moratorium on new car wash development. FISCAL IMPACT: NONE Di --Pg 10 Page 178 COUNCIL GOAL(S) ADDRESSED: Enacting an interim urgency ordinance on car washes furthers the City Council's goal of enhancing Rancho Cucamonga's premier community status by appropriately regulating and reviewing car washes to ensure neighborhood compatibility and a high quality of development. ATTACHMENTS: Description Attachment 1 - Map of Car Washes in Rancho Cucamonga Attachment 2 - Artscle: Express Exterior Tunnel Carwash makes a Big Splash in Southern California Attachment 3 - Article: The Evolution of Express Exterior Car Washing Attachment 4 - Article: SLO Neighbors say this Car Wash is too Loud Attachment 5 — May 23. 2018 Planning Commission Minutes Attachment 6 — Urgency Ordinance Page 179 D1—Pg 11 ria 04W -� to 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 (1h) mile of the Foothill Boulevard/Haven Avenue and the 4th Street/Haven Avenue intersections. Car washes are also prohibited within one-half ('/x) 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 D1—Pg 12 (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 65656, 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 Surmlemental. 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 D1—Pg 13 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 (415) 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 potential;y 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 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 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. Ordinance. Section 10. The City Clerk shall certify to the adoption of this Interim Ordnance No. 932 - Page 3 of 4 DI -Pg 14 PASSED, APPROVED, AND ADOPTED this 20"- day of June, 2018. F P 0 - - ,, - "w", i F�' M" I .&DIMMIMM "T ATTEST: &ice C. Reynolds, Ci Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO j ss CITY OF RANCHO CUCAMONGA ) 1, 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 415 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 200' day of June, 2018, by the following vote: AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 2151 day of June 2018, at Rancho Cucamonga, California. anice C. Reynolds, City d lerk Ordnance No. 932 — Page 4 of 4 D1—Pg 15 DATE: August 1, 2018 TO: Mayor and Members of the City Council FROM; John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Vincent Acuna, Assistant Planner Jennifer Nakamura, Associate Panner SUBJECT: CONSIDERATION OF INTERIM ORDINANCE NO. 935, EXTENDING URGENCY ORDINANCE NO. 932 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF NEW OR EXPANSION OF EXISTING CAR WASHES. RECOMMENDATION: Staff recommends that the City Council adopt Urgency Interim Zoning Ordinance No. 935 entitled "An Interim Zoning Ordinance of the City Council of the City of Rancho Cucamonga Extending Interim Ordinance No. 932 for an Additional 10 Months and 15 Days Establishing a Moratorium on the Establishment or Expansion of Car Washes, Declaring the Urgency Thereof' by four-fifths vote by title only. BACKGROUND: Pursuant to State law, Government Code Section 65858, a city may enact an interim Zoning Ordinance on an urgency basis to protect the public safety, health, and welfare by prohibiting any use(s) that may be in conflict with a contemplated change to a city's General Plan, Specific Plan, zoning requirements, or any such change that a city is intending to study within a reasonable period of time. On June 20, 2018, the City Council adopted Urgency Ordinance No. 932, establishing a moratorium on the establishment or expansion of car washes to allow staff time to study the issue and draft changes to the Municipal Code. Per State law, the interim ordinance is effective for a period of 45 days from the date of adoption, unless extended prior to the end of the 45 -day period, which ends on August 4, 2018. An urgency ordinance may be extended at a public hearing by a four-fifths vote of the Council. Staff is requesting additional time to study the issue and draft a code amendment to properly address the impacts created by car wash development within the City. ANALYSIS: There are currently 14 car washes operating in the City. There is continued popularity of car washes among the public, as the convenience and relative low cost of getting a car wash continues to attract customers. Additionally, there are environmental benefits to modem car washes, as they utilize water recycling systems that consume less water than washing a car at home on a driveway. As noted in the June 20, 2018 City Council staff report (Attachment 1), there its concern that the proliferation of car washes without further regulation could have adverse impacts on neighborhoods and Page 654 D1—Pg 16 result in significant, irreversible change to neighborhood and community character, especially as developable land becomes scarcer in the City. Trends in car wash development suggest a movement from full service car washes to less than full service models. Some car washes have started to offer "all you can wash" programs, where customers are allowed unlimited, self-service washes for a flat monthly fee. The relative affordability of this monthly subscription -based service could have the potential encourage more frequent visits to a car wash, increasing traffic impacts. 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. Car washes surrounded by residential uses may have the potential to expose surrounding residents to excessive noise. As car washes move from full service to express and flex service models, there is also concern that fewer on-site employees may result in less on-site oversight, and therefore less control of impacts that these facilities may have on adjacent properties. The Haven Avenue Overlay District prohibits car washing and detailing establishments within a half mile from the intersection of Haven Avenue Foothill Boulevard, and the intersection of Haven Avenue and 4th Street. Additionally, car washing and detailing establishments are also prohibited within a half mile of another car wash and/or detailing establishment. Except for the Haven Overlay Zoning District, the Rancho Cucamonga Municipal Code currently does not have citywide development standards to mitigate impacts caused by car washes. Additionally, the City has not fully evaluated appropriate locations within the City where car washes should be permitted. At the time Council considered the initial interim ordinance on June 20, 2018, three car wash applications were under review in the Planning Department. One for a new gas station with ancillary automated car wash which was reviewed by the Planning Commission on July 11, 2018 and is scheduled to be forwarded to City Council for final action. A second application for a modification to an existing car wash was reviewed and approved by the Planning Commission on July 11, 2018. A third application for a new stand- alone car wash facility was submitted for review on June 18, 2018. After public testimony, Council directed staff to ensure that all three applications would be exempt from interim Ordinance 932 and be permitted to continue processing. Since the approval of Urgency Ordinance No. 932 which established the initial 45 -day moratorium on the establishment or expansion of car washes, staff has been undertaking the following activities: • Reviewing land use definitions for car washes to determine if revisions are needed. • Studying issues associated with car washes to determine appropriate locational and operational development standards. • Evaluating the suitability of all land use districts where car washes are currently permitted. • Studying adopted development standards from other California cities to determine any "best practice" standards that might be applicable to the City of Rancho Cucamonga; and • Drafting a permanent Ordinance for the regulation of car washes City-wide for Planning Commission consideration by the end of 2018. Based on both Planning Commission and Council's direction, staff has placed a priority on studying the issue and drafting revised regulations for car washes. Once staff has drafted revised standards for car washes, the Planning Commission will review the proposed changes and make a recommendation to the City Council for final consideration. Consistent with Section 17.02.020 of the Development Code, any applications that are not complete by the effective date of the permanent ordinance will be subject to the standards outlined in the new ordinance. An application is considered complete when all of the submittal requirements have been satisfied. Two of the applications in process were previously deemed complete and have moved on to the hearings and/or approvals. One application is currently incomplete and staff is awaiting submittal of the required documents and revised plans. Staff believes that continued approval of new or expanded car washes without revised regulations poses a Dl—Pg 17 Page 655 current and immediate threat to the public health, safety or general welfare. Without further regulation of their location and operation, there is the potential for significant negative impacts by the development of new car washes or the expansion of existing car washes that cannot be mitigated, FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: Enacting an interim urgency ordinance on car washes furthers the City Council's goal of enhancing Rancho Cucamonga's premier community status by appropriately regulating and reviewing car washes to ensure neighborhood compatibility and a high quality of development. ATTACHMENTS: Description Attachment 1 - June 20, 2018 City Council Staff Report Attachment 2 - Development Code Section 17.02.020 Attachment 3-1 nterim Ordinance No. 935 D1—Pg 18 Page 656 Attachment 2 kancho Cucamonga Municipal Code Up Previous Next Hain Search Print; No Frames Title 17 DEVELOPMENT COME ARTICLE I. IN GENERAL Chapter 17,02 PURPOSE AND APPLICABILITY 17.02.020 Applicability of regulations. This title applies to all land uses, structures, subdivisions, and development within the city, as follows: A. New or altered land uses or structures. Compliance with this title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure. B, Exisling uses andstruclrn•es. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this title. See chapter 17:ti2 (Nonconforming Uses and Structures) for more details. C. Minlmurn requirements. The provisions of this title shall be the minimum to ensure the public health, safety, and welfare. For discretionary actions, city officials or bodies have the discretion to impose more stringent requirements than set forth in this title as may be necessary to promote orderly land use development and tate purposes of this title. D. Land use permit or entitlement required, limitation on subsequent permits. Land use permits or entitlements are required when a development, as defined in this title, is proposed. No person shall begin construction, occupy, or conduct a use or operation within the city, and the city shall not issue any other permit related to the development, until any required land use permit or entitlements have been approved and the appeals period has expired. E. Other requirements and permits. Nothing in this title eliminates the need for obtaining any other permits required by the city, including the Rancho Cucamonga Fire District, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency, F. Effect of -zoning code changes on projects in process, The enactment of this title, or any amendments thereto, may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied to existing land uses, development, and/or structures. Following the effective date of this title the following provisions shall apply. Successive amendments to this title shall specify their applicability to pending applications and projects not yet or under construction; in the event an amendment is silent on this matter, the following shall apply. I. Pending applications. All land use permit applications that are active and that have been determined by the planning director to be complete before the effective date of this title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete. 2. App-orecl projt cts not yet under construction. Any structure authorized by a planning permit or entitlement for which construction has not begun as of the effective date of this title, or any amendment thereto, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension. 3. Projects under construction. A structure that is under construction pursuant to a valid building permit on the effective date of this title, or any amendments thereto, may be completed and need not be changed to satisfy any new or different requirements of this title as long as construction is beyond the approval of the first inspection on the effective date of this title, or any amendment thereto, and provided that construction is diligently prosecuted to completion. Such a structure shall be deemed to be a lawfully existing building. G. Conflicting requirements. Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply, except for conflicts between the requirements of this title and any adopted specific plan or special planning area, in which case, the requirements of the specific plan or special planning area shall govern. H. Seveiwbilily. If any portion of this title is for any reason held by a court of competent jurisdiction to be invalid_ unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this title. Dl—Pg 19 The city council hereby declares that this title and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted, irrespective of the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable_ (Code 1980, § 17.02.020; Ord. No. 855 § 4, 2012) View the mobile version. D1 --Pg 20 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. hjkatnMrM+- 3 (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 ('/x) mile of the Foothill Boulevard/Haven Avenue and the 4th Street/Haven Avenue intersections. Car washes are also prohibited within one-half ('/z) 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 DI—Pg 21 (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 Findinas. 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 ordnance 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 Dl—Pg 22 PASSED, APPROVED, AND ADOPTED this 1s1 day of August, 2018. ATTEST: ,. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) 4nls Michael, Mayor / 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 415 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15" 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. 6Ja ' Reynolds, City Clerk Ordnance No. 935 - Page 4 of 4 D1—Pg 23 business, where volunteers wash vehicles by hand and the duration of the event is limited to one day. Section 3. Ordinance is SuoDlemental. 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 D1—Pg 24 S 1 At , A Timeline of Car Wash History ar -a W, -1 J.,l 914D, 1928 9 1990 r, 7r rl Yfthb- mid -1960S -1970S 1990 r, 7r rl Yfthb- io r'" *"49 11 'I ,.0 ! �t zu rr r� t} F►tl) Arkj V LL. M 7 v .0 Wo J w � � .I CL x gu 0 x •jf Cl = LL W RL V �O tt1 7Q � L C O r J N � � s M 7 II] .0 1} --N IP J 1} --N IP J w � � .I LL •jf Cl nO M ui 7Q r l aux, �• CN y o � � W-+: Aea!4:4r1 a Y O a-. M � G y f u 3 r _ 4 J Fmk g45Mh Aqv 011, ti ,.. Id L_ u' 4S d"P wH"j ZA YI 4pA") J Ave EXHIBIT C .us D1—pg 26 m acv FHP IP m 6!712018 SLO Quiky Car Wash Is too loud, neighbors complain to city J The Tribune LOCAL SLo neighbors say this car wash is too loud, and they want the city to do something BY NICK WILSON nwilson@thetribunenews.com March 26,201812:08 PM Updated March 26, 2018 01:43 PM The noise coming from a San Luis Obispo car wash has neighbors bothered and restless, and they want the city to help reduce the disturbance. Quiky Car Wash at 2959 Broad St. -- owned and operated by the real estate company Westpac — is situated near Rockview Place residences where about 50 people say they are disturbed routinely by the noise of blowers and vacuums. Quiky's general manager, however, says it's in compliance with city -permitted levels, citing a noise test conducted by a hired consultant. EXHIBIT D 206564859.html 1(T D1—Pg 27 6/7/2018 SLO Quiky Car Wash is too loud, neighbors complain to city I The Tribune AiiVERTISMG 1 r.Radd,nvel[ed by Tends The car wash operators also say they're willing to work with neighbors to offer landscaping buffers to help cut down the noise. Breaking News Be the first to know when big news breaks Enter Email Address I m. not a robot reL��iCFlh SIGN UP The machines face the residences to the back and the side of the business. The car wash operates from 7 a.m. to 7 p.m. in the summer and 7 a.m. to 6 p.m. in the winter, according to general manager John Singh. Neighbors are asking for a 9 a.m. to 5 p.m. schedule, among other changes. http !lwww.sanl u;sobispo.comlnews/locaVartkele206564359_hlmE 2R D1 --Pg 28 6/712018 SLO Ouiky Car Wash is loo loud, neighbors complain to city I The Tribune "The machinery does not stop," said Jermaine Washington, president of the Broad Rockview Place Homeowners Association. "It's on a constant cycle, operating almost 12 hours a day, with cars coming in and out. The noise is excessive and in violation of city standards." Jermaine and Ellie Washington live behind Quiky Car Wash and are bothered by the noise. "The machinery does not stop," Jermaine Washington said. "It's on a constant cycle, operating almost 12 hours a day, with cars coming in and out. The noise is excessive and in violation of city standards." David Middlecamp - dmiddlecamp@thetribunenews.com Sara Mikkelson, a resident of the nearby Rockview Court Homeowners Association, said that she has opted against making any improvements to her home's outdoor patio space because it's too noisy to enjoy. She also keeps her windows shut. "My issues with the car wash are the noise and the drop in my property value since it opened (in 2010)," Mikkelson said. "It's considerable. Nobody wants to live behind that." http./Iwww.saniulsobispo.com/news/iocaVarticle2O6564359.htmi 3+7 d 1 --pg 29 W71201 5LO Quiky Car Wash is too loud. neighbors ramplain to city I The Tribune The car wash has a pending noise violation cited by the city, its third in the past six years. The business also was cited last year for use of non -permitted equipment, which was then removed and replaced with a new drying system, according to city records. Past violations were resolved after the business provided noise tests showing it was in compliance. However, city officials recently conducted noise testing that showed the business exceeded the permitted 60 decibels at the bordering residential properly line, said Community Development Director Michael Codron. "We did our own tests and found a violation with our own equipment that is relatively basic," Codron said. "The business went and had a professional study done, and the owner showed they're in compliance." Neighbors near a Broad Street car wash in San Luis Obispo have filed complaints with the city that the drying system is too loud. The exit funnels sound from the dryers into the residential neighborhood for much of the day. David Middlecamp - dmiddlecamp@thetribunenews.com hltp.1lwww.sanluisobispo_corWoewsltocaVarticle206564359.html 4j7 131—Pg 30 8/712018 SLo Quiky Car Wash Is too loud, neighbors complain to city I The Tribune The car wash's tests showed decibel ranges between 55 and 57, Singh said. The business uses a 30 -horsepower motor that blows air to dry cars, and Quiky recently added a motor silencer package, Singh said. "We actually took care of that issue over the past few weeks," Singh said. "We replaced the unit that was making the noise." The city's next steps are to try to seek compromise between the business and neighbors about how to resolve the noise issues, possibly through mitigation improvements by the owner. And the city also will review the property's use permit conditions to see if adjustments are needed. That could include reducing the hours of operation or other measures. Neighbors who live behind the Quiky Car Wash on Broad Street say the noise from the drying fans is a regular disturbance. David Middlecamp - dmiddlecamp@thetribunenews.com http-lhww.sanluisobispo.com/newMocaYarticle2O6564359,htmi 5.1? di—Pg 31 6-7-2018 S'_O Quiky Car Wash is too feud neighbors complan to cily i The Tribune Singh said the business is willing to plant shrubs or other landscaping to help block sound "as quickly as we can get it done." But Singh added that reduced hours of operation aren't on the table, contending that people need later or earlier fours to wash their cars around their work schedule. Washington believes the best remedy will be converting the business to a manual drying operation; the city's process has been frustrating because past administrative citations haven't solved the problem. "Our bedroom is upstairs, and we hear the sounds every day," Washington said. "The business wasn't designed well_ It should have been facing Broad Street, not the homes.. But here we are now, and the best solution is for it to be manual." The Planning Commission~ also is expected to address the issue, but a hearing date has yet to be set. Nick Wilson: 805-781-7922, @NickWilsonTrib Q COMMENTS SUBSCRIPTIONS Start a Subscription Customer Service eEdition Vacation Hold Pay Your Bill Rewards htlp l/wwwsanluisobispo.com/news/locaVarticle206564359.htmf GFT F7 32 LETTERS TO THE EDITOR SLO should do more to help Quiky Car Wash neighbors April 06, 2018 08:53 PM I read your editorial about Quiky Car Wash (Tribune, March 29) and am a neighbor to the business. The noise coming from Quiky is as bad as it sounds. But what is worse is that the city of SLO is not taking all of the action it could to improve the livelihood of its residents. Quiky Car Wash paid to have a "sound engineer" come and test its sound levels at a date, time and set of conditions set by the business. Those conditions resulted in sound levels that were "just under" the permitted volume. From there? The city of SLO code enforcement has "closed the case." This pattern has happened over and over for more than eight years! And the offer by the business to put in landscaping is just a tactic to buy time without any positive impact to our neighbors. We are all for businesses being in the area, but we want to know why this business is being given such special privileges. And why won't the city do what it can to help EXHIBIT E o _, 33 our neighbors? ALEX MCCLURE, SAN LUIS OBISPO Dl -Pg 34 Section 12-63.2. Automated Car Wash Development Standards at Service Station. Page 1 oft Inglewood Municipal Code llp Previous Next fain �earcF: Print Ho Frames CHAPTER 12 PLANNING -AND ZONING Article 21. SERVICEATREGULATIONS N Section 12-63.2. Automated Car Wash Development Standards at Service Station. All automated car washing facilities authorized by this Chapter shall comply with the applicable development standards of the zone in which it is located as well as the following automated car wash standards. When car wash standards and any other applicable Inglewood Municipal Code regulations are different, the more restrictive standardsl regulations shall apply. All automated car wash uses developed on service station sites shall meet and conform to the following standards: (a) Setbacks. No automated car wash building or structure shall be located within twenty-five feet of any public street right-of-way or within twenty-five feet of a residentially -zoned or developed property. (b) Walls. Other than along a street frontage, an automated car wash facility shall be separated from an adjacent property by a masonry wall of not less than five feet nor more than six feet in height. If the location of the ingress and egress areas of the site may hinder or obstruct vehicular visibility to and from the subject site, the Planning Commission may allow the wall to be reduced to a minimum of three feet in height for a maximum distance of eighteen feet from the street frontage property line. Materials, texture, colors, and design of all walls shall be compatible with the design of the principal structures on the subject site. (c) Queuing of Vehicles. An on-site queuing plan shall be approved by the City of Inglewood. Traffic circulation shall be designed to ensure efficient circulation on and off the subject site and ensure that the car wash will not obstruct the use of the service station gasoline dispensers, drive aisles, back-up areas, or parking spaces. Furthermore, vehicles should not queue onto a public street, alley or driveway. (d) Landscaping. Landscaping shall be provided in accordance with the applicable Sections of Chapter 12 of the Inglewood Municipal Code. All street trees shall be preserved or replaced as required by the City, and driveways and vehicle approaches shall be designed to prevent the removal of any existing street trees. (e) Water Recycling. Recycling of water used for vehicle washing shall be maximized. The use of recycling water systems and the disposal of water fluids and solids shall comply with applicable state and federal guidelines/standards and must be approved by the Inglewood Department a Public Works. (f) Air Quality. All mechanical ventilating equipment shall be directed to exhaust vents and cannot face adjacent residential properties. Exhaust systems shall be equipped with appropriate control systems to minimize or eliminate noxious pollutants that may impact ambient air quality and must adhere to all applicable local, state and federal air quality standards. (g) Noise. All uses at the subject site must comply with the City's Noise Ordinance. (h) Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems allowed at the subject automated car wash sites. (i) Aesthetics. The automated car wash building must be aesthetically compatible with the buildings on site and in the surrounding neighborhood. 0) Facility size. No automated car wash building can exceed twenty feet in width, fifty feet in depth, and twenty-five feet in height. (k) Manual labor. Manual labor is not allowed in connection with the car wash use. (Ord. 02-36 1-7-03) EXHIBIT F nupsaiwww.ywuv.un w.,eslinglewood/view.ph6�to�i 3V-21-12_63_2 11/15/2018 Section 12-63.2. Automated Car Wash Development Standards at Service Station. Page 2 of 2 View the mobile version. https://www.gcode.us/codes/inglewood/view.pH- topiic=W-21-3263 2 11/15/2018 Las Vegas, NV Code of Ordinances Page l of 5 CHAPTER 6.54 - MOBILE CAR WASH/AUTO DETAIL BUSINESSES 6.54.010 - Definition. is: For purposes of this Chapter, "mobile car wash/auto detail business" means a business that (A) Conducted from other than a fixed place of business within the City, including operations conducted from a motorized vehicle; (B) Engaged in the washing, waxing, cleaning or detailing of motor vehicles; and (C) Carried out primarily by means of human effort rather than primarily by mechanical means. (Ord. No. 6344, § 1, 9-3-14) 6.54.020 - License required. It is unlawful for a person to conduct, engage in, carry on, advertise, or market a mobile car wash/auto detailing business without a license issued pursuant to this Chapter. In the case of a business that operates from more than one vehicle, a separate license must be obtained for each additional vehicle used in the business. The annual license fee for a license issued under this Chapter is two hundred fifty dollars. (Ord. No. 6344, § 1, 9-3-14) 6.54.030 - Unlawful activities. In the operation of a mobile car wash/auto detail business, it Is unlawful for a principal, employee or agent of the business to: (A) Create a nuisance under LVMC_Cha t�^04: (B) Engage in washing the exterior of a vehicle upon any public street or public right-of-way, or upon any vacant unimproved lot; (C) Engage in washing or cleaning a motor vehicle engine; (D) Advertise that services are available at a specific location, or otherwise invite customers to come to a specific location to receive services provided by the business; EXHIBIT G D1—Pg 37 11/15/2018 Las Vegas, NV Code of Ordinances Page 2 of 5 (E) Erect or place advertising of the business at any location the business may operate, except to the extent required in order to comply with LVMC 6.54.080: (F) Operate at a fixed location, other than in compliance wi[h LVMC 6. 4.1 0• (G) Violate any provision of State law or of the Municipal Code pertaining to water conservation; (H) Violate any provision of Chapter 14.18 pertaining to the City's stormwater system; or (1) Violate any provision of LVMC ChaWr_9.16 pertaining to noise. (Ord. No. 6344, § 1, 9-3-14) 6.54.040 - Display of license. The original or a certified copy of each business license required pursuant to LVMC 6.54.020 must be displayed prominently or made available for inspection at all times that the licensee is providing services. (Ord. No. 6344, § 1, 9-3-14) 6.54.050 - Decals. For each vehicle to be used by a mobile car wash/auto detail business in performing services, the Department will issue a license decal, which must be prominently displayed on the upper left rear portion of the vehicle. It is unlawful for a person associated with a mobile car wash/auto detail business to: (A) Use such a vehicle in the performance of services without a valid license decal displayed thereon; or (6) Alter a license decal or display an altered or fictitious license decal on a vehicle while services are being performed. An altered or fictitious decal is subject to confiscation by the Department or Metro. (Ord. No. 6344, § 1, 9-3-14) 6.54.060 - Vehicles—Registration and insurance. about:blank Di—Pg 38 11/15/2018 Las Vegas, NV Code of Ordinances Page 3 of 5 Each vehicle that is used by a mobile car wash/auto detail business in performing services must be: (A) Properly registered with the Nevada Department of Motor Vehicles; and (B) Insured as required by Nevada law, with proof thereof to be provided upon request by the Department or Metro. (Ord. No. 6344, § 1, 9-3-14) 6.54.070 - Documentation required at all times. At any time a mobile car wash/auto detail business is providing services, an employee or officer of the Department or Metro may request any principal, employee or agent of the business who is engaged in providing services to produce documentation to verify that he or she is providing, and is authorized to provide, services pursuant to a license issued under this Chapter. (Ord. No. 6344, § 1, 9-3-14) 6.54.080 - Display of business information. Each licensee that uses a vehicle in its business operation shall display the business name, telephone number and City business license number on at least two sides of the vehicle (or on any attached mobile unit or trailer). The required display must be in characters with a minimum height of three inches. (Ord. No. 6344, § 1, 9-3-14) 6.54.090 - Authorization of the owner or authorized tenant of the property—Required. It is unlawful for a mobile car wash/auto detail business to provide services at any location without first having obtained the express written authorization of the owner or authorized tenant of the property. In the case of a property with multiple tenants, the authorization must be provided by the property owner (or property management firm, in the case of property managed by such a firm). The authorization must be produced to the Department or Metro upon request and must include: (A) The name (printed) and signature of the person providing the authorization; (B) That person's contact phone number; and about:blank D1–Pg 39 11/15/2018 Las Vegas, NV Code of Ordinances (C) If applicable, that person's business name and business address. (Ord. No. 6344, § 1, 9-3-14) 6,54.100 Time limits. Page 4 of 5 (A) Except as otherwise provided in Subsection (B), no mobile car wash/auto detail business may operate at a particular location for more than three hours within any twenty -four-hour period. (B) The limitation set forth in Subsection (A) does not apply to a licensed mobile car wash/auto detail business during any period of time in which the business: (1) is washing vehicles consisting of the inventory of a motor vehicle dealer licensed under NRS Chapter 482 and this Title to sell or lease motor vehicles; or (2) Pursuant to written agreement with another business, is washing the vehicles that are used by that other business or vehicles that belong to employees of that other business. (Ord. No. 6344, § 1, 9-3-14) 6.54.110 - Location restrictions. No mobile car wash/auto detail business may operate within one hundred fifty feet of: (A) Any fixed -location or stationary car wash or detailing business; or (B) Any location at which any other mobile car wash/auto detail business is providing services during the period of those services. (Ord. No. 6344, § 1, 9-3-14) 6.54.120 - Impoundment_ In addition to any remedy that is otherwise available to the City under this Title regarding unlicensed business operations, a vehicle that is being used in connection with an unlicensed mobile car wash/auto detail business may be impounded by an appropriate law enforcement agency upon proper notice, an opportunity to comply, and an opportunity to be heard. about:blank D1—Pg 40 11/15/2018 Las Vegas, NV Code of Ordinances Page 5 of 5 (Ord. No. 6344, § 1, 9-3-14) 6.54.130 - Enforcement. In addition to those agencies, officers and employees specifically authorized to enforce the provisions of this Title, this Chapter may be enforced by any department or function of the City specifically assigned to its enforcement by the City Manager. (Ord. No. 6344, § 1, 9-3-14) about:blank D1 _pg 41 11/15/2018 DATE: December 12, 2018 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planne<e� INITIATED BY: Tom Grahn, Associate Planner TITLE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN ENVIRONMENTAL IMPACT REPORT (EIR) PUBLIC SCOPING MEETING SUBJECT: PUBLIC SCOPING MEETING FOR ENVIRONMENTAL IMPACT REPORT (EIR) FOR GENERAL PLAN AMENDMENT DRC2015-00749, ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN PROJECT DRC2015-00751, ZONING MAP AMENDMENT DRC2015-00752, ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2015-00750, AND ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN ANNEXATION DRC2015-00732 - CITY OF RANCHO CUCAMONGA - An opportunity for the public to give testimony pertaining to the environmental issues to be addressed in the preparation of an Environmental Impact Report (EIR) for approximately 4,388 acres (including 4,088 acres to be annexed into the City), which proposes to maintain the northerly 3,176 acres as a "conservation priority area' with limited rural development, and to allow development in the southerly 1,212 acre "neighborhood priority area" with land uses to include conservation, residential, commercial, and civic for a project area extending from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary in the City's Sphere-of-Influence-APN's: 0201-033-32, -35 through -40, -43, and -44, 0201-191-27 and -2B, 0201-272- 14 through -18, 0201-281-02, -04 through -10, -13, -14, -16 through -22, 0225- 091-03, -05, and -06, 225-092-01, 0225-101-32, 0225-152-06 through -11, and -17, 0225-161-42, 0226-061-03, -07, -16, -20, -26, -27, -28, -33, -47, -56, -57, - 61 through -71, -73 through -78, 0226-082-08, -19, -20, -21, and -30, 1074-351- 01, -04, -05, and -06, 10B7-051-02 through -14, -16 through -27, 1087-061-01 through -21, and 1087-071-01 through -14, and -16 through -21. RECOMMENDATION: Staff recommends that the Planning Commission accept public testimony pertaining to the environmental issues to be addressed in the Environmental Impact Report (EIR) that is being prepared for the Etiwanda Heights Neighborhood and Conservation Plan (EHNCP), and related applications including General Plan Amendment DRC2015-00749, Etiwanda North Specific Plan Amendment DRC2015-00750, Etiwanda Heights Neighborhood and Conservation Plan Specific Plan DRC2015-00751, Zoning Map Amendment DRC2015-00752, and the Etiwanda Heights Neighborhood and Conservation Plan Annexation DRC2015-00932. E1-Pg1 PLANNING COMMISSION STAFF REPORT DRC2015-00749 ETIWANDA HEIGHTS EIR PUBLIC SCOPING MEETING December 12, 2018 Page 2 PURPOSE: In accordance with applicable California Environmental Quality Act (CEQA) requirements, the City of Rancho Cucamonga is the Lead Agency for this project, and therefore, is responsible for the review and consideration of the proposed project as well as addressing potential environmental impacts that may be associated with the project. In order to review such impacts, the City has determined that an EIR is required for this project and is.the appropriate CEQA documentation. The EIR is required to ensure that potential environmental impacts of the project are fully evaluated and analyzed, and, if necessary, applicable mitigations measures are implemented. In compliance with the EIR preparation process as outlined in CEQA, Meridian Consultants, in consultation with Planning Department staff, prepared a Notice of Preparation (NOP) (Exhibit A). The NOP serves as public notification that an EIR is being prepared and requests comment and input from responsible agencies and other interested parties regarding environmental issues to be addressed in the document. In addition to the NOP, CEQA recommends conducting a scoping meeting for the purpose of identifying the range of potential significant impacts that should be analyzed within the scope of the Draft EIR_ The NOP was circulated on December 3, 2018 to public agencies that have discretionary approval power over the project (i.e_, responsible agencies and Native American Tribal Governments), and was also made available for review at City Hall, the Archibald and Biane Libraries, the City's website, and the County of San Bernardino Clerk of the Board of Supervisors. The City issued this NOP for public review and comment pursuant to CEQA Guidelines Sections 15082 (a) and 15375. Section 15082(b) requires responses to be provided within 30 days of receipt of a NOP; however, the City is extending the response period for this NOP to 45 days (from December 4, 2018 to January 21, 2019) to provide adequate time for review and comment over the end of the year period that includes several holidays. PROJECT AND SITE DESCRIPTION: The proposed EHNCP project area, previously referred to as the North East Annexation Project (NESAP), contains approximately 4,388 acres of land (300 acres are currently within City limits) and extends from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the National Forest boundary (Exhibit A, Figure 2: City Boundaries and Sphere of Influence). The entirety of the project will include a General Plan Amendment, Zoning Map Amendment, Etiwanda North Specific Plan Amendment, Etiwanda Heights Neighborhood and Conservation Pian Specific Plan, the Etiwanda Heights Neighborhood and Conservation Plan Annexation, and all related environmental documentation. Currently, the majority of the project site is designated as Flood Control and Public Utilities Land on the City's General Plan and pre- zoned by the Etiwanda North Specific Plan as Flood Control, Resource Conservation, and Hillside Residential. The EHNCP area includes 4,388 acres (Exhibit A, Figure 3: Planning Areas). For purposes of long-term planning for this area, the City identifies the northern 3,176 acres as the Conservation Priority Area and the lower 1,212 acres as the Neighborhood Priority Area. The Conservation Priority Area includes public and private land. The Neighborhood Priority Area consist of land owned by the San Bernardino County Flood Control District no longer needed for flood control purposes. The Conservation Priority Area (Exhibit A, Figure 4: Site Features) includes the majority of the existing North Etiwanda Preserve. To the east of the Preserve is some existing rural residential development and the Limei Fang -Ling Yen Mountain Temple. The debris basins for Day and Deer Creeks are located west of the Preserve and discharge into the improved channels for both creeks I`1—Pg2 PLANNING COMMISSION STAFF REPORT DRC2015-00749 ETIWANDA HEIGHTS EIR PUBLIC SCOPING MEETING December 12, 2018 Page 3 that border the eastern and western edges of the Neighborhood Priority Area, respectively. Utility corridors containing electric transmission lines border the southern edge of the Conservation Priority Area and the eastern edge of the Neighborhood Priority Area. The Neighborhood Priority Area also contains the Day Creek Levee, Deer/Day Separation Levee, Day and Deer Creek Flood Control Channels, and a closed Sand and Gravel Mine. Portions of the Neighborhood Priority Area are currently within the City's Etiwanda North Specific Plan area. The Neighborhood Priority Area is surrounded on the east, south, and west by existing single- family neighborhoods in the City. The Day Creek neighborhood borders the project area to the east; the Caryn neighborhood borders the project area to the south; and the Deer Creek and Haven View Estates neighborhoods borders the project area to the west. Los Osos High School borders the Neighborhood Priority area to the south. BACKGROUND AND PROJECT STATUS: In 2007, San Bernardino County informed the City of the County's intent to sell up to 1,070 acres of the 1,212 acres of surplus property that previously had been needed for flood control purposes. The County initiated a process in 2008 to find a development partner to plan, sell, and develop its land, but these discussions ceased during the Great Recession. This land is currently regulated by the County's zoning, which would allow residential and commercial development under the County's standards. City leadership recognized that development on the County's land would occur in the future and wanted to be prepared for the eventual sale of this surplus property by the County. Therefore, the City of Rancho Cucamonga initiated long-range planning efforts for the 4,388 -acre area within the northern portion of the City's Sphere of Influence in 2015. In January 2015, the City Council reaffirmed the goal of pre -zoning and annexation of a 4,088 - acre portion of the City's Sphere -of -influence. In May 2015, the City Council approved a Professional Services Agreement with Sargent Town Planning (STP) to prepare the North Eastern Sphere Annexation Proposal (NESAP). Between the summer of 2015 and the fall of 2017, the City developed an initial plan for the 4,388 -acre NESAP area. This initial plan included maintaining the northerly 3,176 acres as a Conservation Priority Area and focused potential development in the 1,212 -acre Neighborhood Priority Area in the southerly portion. Early concepts for the Neighborhood Priority Area included a mix of residential product types; a central "town center" commercial area with neighborhood retail and restaurants; and public uses and amenities arranged in a compact and walkable land use pattern to encourage active living. In response to the habitat adjacent to the San Bernardino National Forest being less degraded than the habitat in the lower 1,212 acres, initial planning concepts included consideration of establishing conservation mitigation easements on portions of the northerly 3,176 acres as feasible. In addition, biological resource surveys were conducted to evaluate the quality of Riversidean Alluvial Fan Sage Scrub (RAFFSS) in the lower 1,212 acres and determine if the San Bernardino Kangaroo Rat (SBKR) was present. While these surveys did not detect SBKR, and determined the quality of the RAFSS habitat was degraded and declining in quality due to the lack of sand and water flows across the area because of existing flood control facilities, the initial design concepts included the preservation of a large central portion of the Neighborhood Priority Area for possible restoration as natural habitat, in response to input from the California Department of Fish and Wildlife (CDFW). Residential and commercial development were organized around this central habitat area on land deemed by CDFW to be of lower habitat value. In the fall of 2017, the City conducted four community meetings to solicit community comments on the initial planning concepts. Participants had many questions and concerns about the process and the preliminary concept, including the number and type of residential units proposed, particularly multi -family units, and the amount and type of commercial uses. In addition, there E1—Pg3 PLANNING COMMISSION STAFF REPORT DRC2015-00749 ETIWANDA HEIGHTS E1R PUBLIC SCOPING MEETING December 12, 2018 Page 4 were concerns about fire safety and habitat associated with the configuration of open space in the heart of the neighborhood. Due to the level of concern, the City set aside the preliminary concept and conducted further outreach to better understand the priorities of the Rancho Cucamonga community. During 2018, the City gathered further input through small group meetings and online surveys to determine the next steps. These additional community meetings and surveys confirmed that (1) local control of this area was preferred by the community, and (2) some level of development under City zoning was acceptable. Respondents overwhelmingly supported local control through annexation and agreed that planning a new neighborhood would be the preferred method of providing local control to set the standard for high-quality development and cover the cost of habitat conservation. On May 16, 2018, the City Council directed staff to continue working with the community on a plan for neighborhoods and conservation in the northeastern area of the City. The City identified a name for the future plan, the "Etiwanda Heights Neighborhood and Conservation Plan", to reflect the intent to balance community priorities in the rural northern portion of the planning area and appropriate development in the southern neighborhood area, In the summer of 2018, the City hosted a community-based planning process to learn more about priorities and how to best balance them. The extensive community engagement process included small group meetings, popup events, an online survey, and a large, well -attended public open house where attendees provided feedback on an initial concept plan. The EHNCP` was developed in response to the community feedback received during this period. FISCAL IMPACT: The fiscal impact of the plan preparation is expected to be neutral as the City can recover costs of preparing the plan through a specific plan maintenance fee paid for by the future development of the area. Additionally, there will be further analysis of project impacts through a Fiscal Impact Analysis and Feasibility Study prepared as part of the overall EHNCP proposal. COUNCIL GOAL(S) ADDRESSED: The City Council established a Mid and Long Range Planning Goal to analyze a portion of the City's Sphere of Influence area to identify development, mitigation, preservation, and annexation potential. The EHNCP is being prepared to address this goal for 4,088 acres within the City's Sphere of Influence. CORRESPONDENCE: This item was advertised as a public hearing with a regular page legal ad in the Inland Valley Daily Bulletin newspaper and notices were mailed to all responsible and trustee agencies. A total of 82 notices were distributed on December 4. 2018. An additional 15 notices were provided to the State Clearinghouse under their review of the Notice of Completion (NOC). EXHIBITS: x Exhibit A — Notice of Preparation (NOP) Exhibit B — Notice of Completion & Environmental Document Transmittal (NOC) Exhibit C — Agency Distribution List for the Notice of Preparation E1—Pg4 City of Rancho Cucamonga Revised and Reissued Notice of Preparation Draft Environmental Impact Report Etiwanda Heights Neighborhood & Conservation Plan Project (Formerly the North Eastern Sphere Annexation Project) The City of Rancho Cucamonga (City) will be the Lead Agency and will prepare an Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA) for the Etiwanda Heights Neighborhood and Conservation Plan Project (EHNCP or Project) as described below. The EHNCP is the evolution of the North Eastern Sphere Annexation Project as originally described in a Notice of Preparation (NOP) distributed by the City in September 2017 and reissued in December 2017. Thereafter, the City hosted community meetings to invite public input on preliminary concepts for this planning area. Based on the feedback received through these meetings, the City conducted additional community outreach to better understand the priorities of the Rancho Cucamonga community and develop an updated conceptual plan. This NOP was prepared to (1) notify the public that the City will prepare a Draft EIR to further assess potential adverse environmental impacts that may result from implementing the proposed Project; and (2) solicit information on the scope of the environmental analysis for the proposed Project. The City, as the lead agency, is seeking the views of responsible and trustee agencies and interested parties on the scope and content of the analysis of the potential environmental effects of the Project and reasonable alternatives and mitigation measures to be explored in the Draft EIR. Date: December 4, 2018 Project Title: Etiwanda Heights Neighborhood and Conservation Plan Project Lead Agency: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 SCH No.: 2017091027 Project Applicant: City of Rancho Cucamonga Public Review Period: December 4, 2018, to January 21, 2019, at 5:00 P.M. The City has issued this NOP for public review and comment pursuant to CEQA Guidelines Sections 15082(a) and 15375. Section 15082(b) requires responses to be provided within 30 days of receipt of a NOP, however, the City is extending the response period for this NOP to 49 days (from December 4, 2018 to January 21, 2019) to provide adequate time for review and comment over the end -of -the -year period that includes several EXHIBIT A 1 E1—Pg5 holidays. During this period, the NOP will be posted and available for review on the City's website at httus://www.cityofrc_us/EtiwandaHeights. The NOP and supporting documents are also available for review at the following: + City of Rancho Cucamonga Planning Department 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 Monday through Thursday from 7:00 a.m. to 6:00 p.m. + Archibald Library 7368 Archibald Avenue Rancho Cucamonga, CA 91730 Monday through Thursday from 10:00 a.m. to 8:00 p.m.; Friday from 12:00 p.m. to 6:00 p.m.; Saturday from 10:00 a.m. to 5:00 p.m.; and Sunday from 1:00 p.m. to 5:00 p.m. • Paul A. Biane Library 12505 Cultural Center Drive Rancho Cucamonga, CA 91739 Monday through Thursday from 10:00 a.m. to 8:00 p.m.; Friday from 10:00 a.m. to 6:00 p.m.; and Saturday from 10:00 a.m. to 6:00 p.m. Public Comments: At this time, the City is soliciting comments regarding the potential environmental effects of the EHNCP Project, as well as comments on the range of alternatives to be assessed in the Draft EIR the City will be preparing. Comments may be submitted by mail or email. All comments must be received in writing by January 21, 2019, by 5:00 p.m. (end of the 49 -day public scoping period). Please send all comments via mail to Tom Grahn, Associate Planner, at the address indicated above orvia email to tom.erahn@cityofrc.us. All written comments should indicate a contact person for your agency or organization, if applicable, and reference the Project name indicated in this NOP in the subject line. Responsible agencies are requested to identify their statutory responsibilities in connection with this project when responding_ All comments on the potential environmental effects of the Project received during the public comment period will be considered by the City in determining the scope of the analysis in the Draft EIR, which is anticipated to be available for public review in the spring of 2019. Notice of the Draft EIR public review and comment period will be published at a later date. Public Scoping Meeting: The City will hold a public scoping meeting on December 12, 2018, at 7:00 p.m. at City of Rancho Cucamonga Council Chambers, located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. The purpose of the scoping meeting is to present information about the proposed Project, as well as the City's process and timelines, and to solicit input, including written comments, on the scope and content of the analysis of potential environmental effects in the Draft EIR. Interested parties, including representatives of public agencies, are encouraged to attend this meeting to learn more about the proposed Project and the environmental review process, and to provide comments. The public scoping meeting information and the NOP are posted at the following website: htt2s://www.citvofrc.us/EtiwandaHei, Heights. z El-Pg6 Project Location and Setting The EHNCP area (Project site) is located along the northeastern edge of the City at the base of the San Gabriel Mountains. The site is located west of Interstate 15 (1-15), north of Interstate 210 (1-210), south of the San Gabriel Mountains, and north of existing residential neighborhoods in the City of Rancho Cucamonga (see Figure 1: Project Location). As shown in Figure 2: City Boundaries and Sphere of Influence, the western edge and southeast corner of the Project site are currently within the City and the remainder consists of unincorporated area in the County of San Bernardino (County) within the City's Sphere of Influence (SOI). The EHNCP area includes the 4,388 acres shown in Figure 3: Planning Areas. For purposes of long-term planning for this area, the City identifies the northern 3,176 acres as the Conservation Priority Area and the lower 1,212 acres as the Neighborhood Priority Area. The Conservation Priority Area includes public and private land. The Neighborhood Priority Area includes land owned by the San Bernardino County Flood Control District no longer needed for flood control purposes. As shown in Figure 4: Site Features, the Conservation Priority Area includes the majority of the existing North Etiwanda Preserve (Preserve). To the east of the Preserve is some existing rural residential development and the Limei Fang -Ling Yen Mountain Temple. The debris basins for Day and Deer Creeks are located west of the Preserve and discharge into the improved channels for both creeks that border the eastern and western edges of the Neighborhood Priority Area, respectively. Utility corridors containing electric transmission lines border the southern edge of the Conservation Priority Area and the eastern edge of the Neighborhood Priority Area. The Neighborhood Priority Area also contains the Day Creek Levee, Deer/Day Separation Levee, Day and Deer Creek Flood Control Channels, and a closed Sand and Gravel Mine. Portions of the Neighborhood Priority Area are currently within the City's Etiwanda North Specific Plan area. The Neighborhood Priority Area is surrounded on the east, south, and west by existing single family neighborhoods in the City, The Day Creek neighborhood borders the project area to the east; the Caryn neighborhood borders the project area to the south; and the Deer Creek and Haven View Estates neighborhoods borders the project area to the west. Los Osos High School borders the Neighborhood Priority area to the south. Project Description Background.. In 2007, San Bernardino County informed the City of the County's intent to sell up to 1,070 acres of the 1,212 acres of surplus property that previously had been needed for flood control purposes. The County initiated a process in 2008 to find a development partner to plan, sell, and develop its land, but these discussions ceased during the Great Recession. This land is currently regulated by the County's zoning, which would allow residential and commercial development under the County's standards. City leadership recognized that development on the County's land would occur in the future and wanted to be prepared for the eventual sale of this surplus property by the County. Therefore, the City of Rancho Cucamonga initiated long-range planning efforts for the 4,388 -acre area within the northern portion of the City's Sphere of Influence in 2015. Between the summer of 2015 and the fall of 2017, the City developed an initial plan for the North Eastern Sphere Annexation Proposal (NESAP) for this 4,388 -acre area. This initial plan included maintaining the 3 E1—Pg7 northerly 3,176 acres as a Conservation Priority Area and focused potential development in the 1,212 -acre Neighborhood Priority Area in the southerly portion- Early concepts for the Neighborhood Priority Asea included a mix of residential product types; a central "town center' commercial area with neighborhood retail and restaurants; and public uses and amenities arranged in a compact and walkable land use pattern to encourage active living. In response to the habitat adjacent to the San Bernardino National Forest being less degraded than the habitat in the lower 1,212 acres, initial planning concepts included consideration of establishing conservation mitigation easements on portions of the northerly 3,176 acres as feasible. In addition, biological resource surveys were conducted to evaluate the quality of Riversidean Alluvial Fan Sage Scrub (RAFFSS) in the lower 1,212 acres and determine if the San Bernardino Kangaroo Rat (SBKR) was present. While these surveys did not detect SBKR, and determined the quality of the RAFSS habitat was degraded and declining in quality due to the lack of sand and water flows across the area because of existing flood control facilities, the initial design concepts included the preservation of a large central portion of the Neighborhood Priority Area for possible restoration as natural habitat, in response to input from the California Department of Fish and Wildlife (CDFW). Residential and commercial development were organized around this central habitat area on land deemed by CDFW to be of lower habitat value_ In the fall of 2017, the City conducted four community meetings to solicit community comments on the initial planning concepts. Participants had many questions and concerns about the process and the preliminary concept, including the number and type of residential units proposed, particularly multifamily units, and the amount and type of commercial uses. In addition, there were concerns about fire safety and habitat associated with the configuration of open space in the heart of the neighborhood. Due to the level of concern, the City set aside the preliminary concept and conducted further outreach to better understand the priorities of the Rancho Cucamonga community. During 2018, the City gathered further input through small group meetings and online surveys to determine the next steps. These additional community meetings and surveys confirmed that (1) total control of this area was preferred by the community, and (2) some level of development under City zoning was acceptable. Respondents overwhelmingly supported local control through annexation, and agreed that planning a new neighborhood would be the preferred method of providing local control to set the standard for high-quality development and cover the cost of habitat conservation. On May 16, 2018, the City Council directed staff to continue working with the community on a plan for neighborhoods and conservation in the northeastern area of the City. The City identified a name for the future plan, the Etiwanda Heights Neighborhood and Conservation Plan, to reflect the intent to balance community priorities in the rural northern portion of the planning area and appropriate development in the southern neighborhood area. In [he summer of 2018, the City hosted a community-based planning process to learn more about priorities and how to best balance them. The extensive community engagement process included small group meetings, popup events, an online survey, and a large, well -attended public open house where attendees provided feedback on an initial concept plan. The EHNCP was developed in response to the community feedback received during this period. 4 El—Pg8 Objectives: Based on extensive community input, the City has identified the following primary objectives for the EHNCP: (1) Conserving the natural resources and open space character of this unique foothill area; (2) Establishing local control by annexing this area to the City and developing and adopting a community-based, economically feasible pian; (3) Providing a range of open space and park areas offering a range of recreation opportunities; (4) Allowing the development of high-quality, single-family neighborhoods in the Neighborhood Priority Area that are compatible in character with the existing surrounding neighborhoods; (5) Improving access by extending Wilson Avenue, Rochester Avenue, and Milliken Avenue into the Neighborhood Priority Area and providing a network of walkable and bikeable streets; and (6) Providing a limited amount of small- scale neighborhood shops and restaurants to meet the daily needs of residents in the existing and future foothill neighborhoods. Project Characteristics: The EHNCP Conceptual Plan is shown in Figure 5: Conceptual Plan. The upper 380 acres of the 1,212 -acre Neighborhood Priority Area would remain as open space, with other open space, parks, and new neighborhoods planned in the lower portion of this area. Overall, approximately 450 acres of the Neighborhood Priority Area would remain as open space or contain parks and other open space areas. As shown in Figure 5, the extension of Wilson Avenue through the Neighborhood Priority Area is proposed, along with the extension of Rochester Avenue connecting to Wilson Avenue. Locations are identified for a new 600–student, K-8 school on approximately 12 acres north of Wilson Avenue, and for neighborhood shops and restaurants around the intersection of Wilson and Rochester Avenues. Other civic uses will be provided within the new neighborhoods and could include a branch library, community center, nature/interpretive center, and/or other neighborhood -serving uses. A network of parks and open space areas linked by pedestrian/equestrian trails and neighborhood streets would be provided in the Neighborhood Priority Area. These pedestrian/equestrian trails would connect to existing trails in the upper portion of the Neighborhood Priority Area and the Conservation Priority Area. The EHNCP would maintain the City's existing Equestrian/Rural Overlay District over the plan area. Limited low-density rural residential development would be allowed in the Conservation Priority Area, where the priority of the EHNCP is preserving the natural open space character of this foothill area. The EHNCP Project will include the establishment of a habitat conservation program or similar mechanism for all conservation and mitigation lands within the EHNCP Area. For purposes of environmental review, a total of 3,000 residential units—of which 2,900 will be in the new neighborhoods in the Neighborhood Priority Area, with up to an additional 100 units in the Conservation Priority Area—will all be evaluated in the EIR along with up to 180,000 square feet of neighborhood shops and restaurants and other civic uses described above. S E1--Pg9 The primary changes to the original 2017 NESAP planning concepts made in response to community input include: • Reduce the maximum number of residential units from 3,800 to 3,000 units; • Focus on creating new single-family residential neighborhoods by removing apartments from the plan; • Substantially reduce and limit the type of commercial uses from 280,000 square feet to no more than 180,000 square feet of small-scale neighborhood -serving shops and restaurants; • Reconfigure the open space and trail network in the Neighborhood Priority Area to improve pedestrian connectivity, provide community open space and playfields in the southeast corner of the neighborhood area, and limit access to the North Etiwanda Preserve to encourage the preservation of natural habitat within the Preserve. Proposed Discretionary Actions 1) Approval of a General Plan Amendment and Zoning Map Amendment, and adoption of the Etiwanda Heights Neighborhood and Conservation Specific Plan as prezoning (in advance of annexation) to guide conservation and development in the Project area. No changes to the existing Equestrian/Rural Overlay District are proposed. 2) Amendment of the Etiwanda North Specific Plan to remove the portions of the EHNCP Area currently within this specific plan area. 3) Approval of a large -parcel tentative tract map subdividing the Neighborhood Priority Area into 10 to 20 subareas to help implement the Etiwanda Heights Neighborhood and Conservation Specific Plan and define the areas and boundaries of development, conservation, and other areas within the 1,212 -acre Neighborhood Priority Area. 4) Approval of the annexation of approximately 4,088 acres of mostly undeveloped land under the jurisdiction of the County of San Bernardino into the City as shown in Figure b: City of Rancho Cucamonga Annexation Area. 5) Permits and other approvals needed to implement the Project from public agencies that include but are not limited to the following: • United States Fish and Wildlife Service (USFWS) • United States Army Corps of Engineers (USACOE) • California Department of Fish and Wildlife (CDFW) • California Regional Water Quality Control Board—Santa Ana (Region 8) (RWQCB) • Local Agency Formation Commission for San Bernardino County (SB LAFCO) • San Bernardino County Flood Control District (SBCFCD) • South Coast Air Quality Management District (SCAQMD) • County of San Bernardino (SB CO) • City of Rancho Cucamonga (RC) 6 E1—Pg10 Probable Environmental Effects: Based on a preliminary review of the EHNCP Project, as defined in Section 15060(d) of the CEQA Guidelines, studies of the Project site, and the responses the City received to the September and December 2017 NOPs issued by the City for the North Eastern Sphere Annexation Project, the City has determined the proposed Project may have a significant effect on the environment and will prepare an EIR evaluating the following topics, including potential construction, operational, and cumulative impacts: • Aesthetics —The changes to the visual character of the Project site and surrounding area, the effects of the Project on available scenic vistas, ambient nighttime light levels, and the creation of new sources of daytime or nighttime glare will be evaluated. Based on the characteristics, including height, of the residential, neighborhood shops and restaurants, and civic uses proposed, potential changes in shade and shadow patterns are not anticipated to result in substantial impacts. No further analysis of this topic is proposed. • Agriculture and Forestry Resources — The potential effects of the Project on the San Bernardino National Forest, located north of the Project site, will be evaluated. • Air Quality — The impact of air quality emissions from construction of the Project and occupancy and operation of the new uses that would be allowed by the proposed EHNCP Specific Plan will be evaluated in accordance with the guidance provided by the South Coast Air Quality Management District (SCAQMD). • Biological Resources — Biological surveys were conducted from 2015 to 2017 to identify and document existing conditions within the Project site. The potential direct and indirect effects of the proposed Project on biological resources within and near the Project site will be evaluated. • Cultural Resources — Cultural resource surveys were conducted from 2015 to 2018 to identify and document existing conditions within the Project site. The potential direct and indirect effects of the proposed Project on cultural resources within and near the Project site will be evaluated. • Geology and Soils — The potential for effects related to the existing geologic and soils conditions with the Project Site, including the potential effect of seismic events on the Red Hill and Rancho Cucamonga Faults, will be evaluated. • Greenhouse Gases — The potential effects of greenhouse gas emissions from construction of the Project and occupancy and operation the new uses and the consistency of the Project with applicable local, regional, and state policies to reduce greenhouse gas emissions will be evaluated. • Hazards and Hazardous Materials —The potential for the presence of hazardous materials on the Project site from historic uses to affect the proposed uses will be evaluated. ■ Hydrology and Water Quality — Changes to existing drainage patterns and water quality will be evaluated based on a hydrology study of the Project site and the proposed Project. • Land Use and Plannin —The consistency of the Project with applicable local and regional land use plans and policies will be evaluated. • Mineral Resources — The Project site contains areas designated as Mineral Resource Zone (MRZ) 2 by the State Geologist, indicating the presence of significant mineral deposits. Specifically, the alluvial fans associated with Day and Deer Creeks contain sand and aggregate resources. As discussed above, a closed sand and gravel mine is located in the Neighborhood Priority Area. The potential effects of the Project on access 7 E1—Pg11 to these mineral resources will be evaluated. • Noise -The potential for the proposed uses to be impacted by noise from the surrounding streets and other sources of noise in the surrounding area, as well as for the proposed uses to create noise that would impact existing and planned surrounding uses, will evaluated. The potential effects of temporary noise from construction activities that would result from the Project will also be assessed. • Population and Housing - The consistency of the increase in population and housing that would occur as a result of the Project with adopted local and regional growth projections and applicable policies will be evaluated. • Public Services - The need for police and fire protection, emergency medical services, and school facilities will be evaluated. As described above, the proposed Project includes a 12 -acre site for a 600•student, K--8 school. • Recreation - The potential effects of constructing and operating the recreation facilities and pedestrian/equestrian trails included in the proposed Project will be evaluated. • Transportation and Traffic -The EIR will evaluate the potential for transportation and traffic impacts on local streets, state transportation facilities, and transit services based on a traffic impact analysis study. • Tribal Cultural Resources - The City has provided notification to Native American tribal contacts of the opportunity to consult on the potential for the Project to affect Tribal Cultural Resources that may be present within or near the Project Site. • Utilities and Service Systems -- The potential effects of the proposed Project on water supply and water delivery facilities, wastewater collection and treatment facilities. solid waste collection and disposal facilities, and other utility services, including electricity and natural gas facilities, will be evaluated_ The EIR will also consider any changes to water district boundaries as may be proposed by the Local Agency Formation Commission for San Bernardino County (SB LAFCO). • Energy Conservation -The potential energy effects of the proposed Project, including estimating the energy requirements and evaluating energy use efficiencies, will be evaluated. If you have any questions, please contact Tom Grahn, Associate Planner, at 909.774.4312 or tom.grahn@cityofrc.us. Thank you for participai g in the fty'spnvironmental review of the proposed EHNCP Project. Signature: Name/Title: I'= Gratin, AssociateMa`nner Attachments: Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Project Location City Boundaries and Sphere of Influence Planning Areas Site Features Conceptual Plan City of Rancho Cucamonga Annexation Boundary 8 E1—Qg12 Date: December 4, 2018 Y ,1 y - "+` ,,rt• •. � �—+ fir"- a�JW wwf :9h�5" •' � 13tH $T �' � - `,+� ^F _ -.. •• 8A lll�l� 9. :6FHST r. P • - •' .. •1 - l- .. �. HA$EL.,EHD 1 ; ARROW 4 •Ai,F 57 _ _ � ,. a -. '� •- +" ,_ �4i .� +n•j .. 4TH 5 SA �.'�- L� / _ ���� E.l.�.-_r �., +_� — � �, .�"�=.s•�e._�.. �.. fir. � � ij !, .i 1 ,1 _" �•1•I�r ,. ., ..' '^�fW �s i -tt ,[}yr�y.ei' � IY 4�F,' � �. — .f --_ ' •. '..,, r�•�. C 121 s I I �� .i_ •ice - _ .. r.'•. .r -,M ._i... +•-3 :'' I sAt�•�_ M. EHNCP Boundary N E1—Pg14 IkMO FIGURE 2 City Boundaries and Sphere of Influence L, I L- -1:-!4 fl lo C-z1,Lv9- 4,e: - P- 1 , I - 1 `. ::� Lagmel Conservation Priority Area (CPA) 1T.176 ACM) Neighborhood Priority Area (NPA) 11.212Aa4i1 k C.6, -j J 314 In 1 mue Ib E1—Pg15 db FIGURE 3 Planning Areas ra=y;,, .. r I .... :- L ... j rl c owmvt/m Fri. illy Amu (CPA C LOA t -djhb:rhocr, lor;tw Arcn (IPA) col El—Pgl6 0 114 1/2 1 rdle FIGURE 4 Site Features V.- EWA ", wp"4 ray Rural Conservation Area E1—Pg17 A FIGURE 5 Conceptual Plan Li % a: da N3 ,,- n.r:e: ::,!d C-m3rr, aj mi Pla-i - F i It XF1. FIGURE 6 City of Rancho Cucamonga Annexation Boundary tj IL --jlt:it.j V.;:nr,),rj r,j C^ -2y_ -r r. Paj I Ljjkjljl. El—Pgl8 Print Form Appendix C Notice of Completion & Environmental Document Transmittal Mad to: State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812-3044 (916) 445-0613 SCH #2�17Q9� �2% For 11and Dchvel7/Street Address: 1 100 Tenth Street, Sacramento, CA 95814 Project Title: Etiwanda Heights Neighborhood & Conservation Plan Project (formerly the North Eastern Sphere Annexation Pff Lead Agency: City of Rancho Cucamonga Contact Person Tom Grahn Mailing Address: 10500 Civic Center Drive Phone- 909.774.4312 City. Rancho Cucamonga, California Zip. 91730 County. San Bernardino _ _ _ —— _ — Project Location County:San Bemardino County City/Nearest Connnunit): City of Rancho Cucamonga_ Cross Strects Banyan Street and Milliken Avenue lip Coda 91730 Longitude. Latitude (degrees. minutes and seconds): 34 0 09 3519"N/ 117 -32 ' 59.5B" R' Total Acres 4,388 acres Assessor's PArccl No -numerous Section: Twp.- Range: Base-. Within 2 Milos. State Hu} #; Interstate 210 Walcnva)s: multiple Airports Raihva)s' Schools: multiple --——————————————————-----————————---——————— Document Type: CEQA: 0 NOP ❑ Draft EIR NEPA: El 'Not Other ❑ Joint Document ❑Early Cons ElSupplement/Subsequent rlR E]EA El Final Document E3 Neg Dec (Prior SCH No.) ❑ Draft EIS ❑ Other: ❑ Mit Neg Dec Other; ❑ FON S1 --——————————————————————————————————— Local Action Type: ❑ General Plan Update X❑ Specific P1a11 ❑ RezoneX❑ Annexation X❑ General Plan Amendment ❑ Master Plan ❑X Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit ❑ Coastal Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc } ❑ Other. --————-----—————————————————---———————————— Development Ty 21 Residential: Units 3,000 Acres ❑ Office: Sq -ft, Acres Employees ❑ Transportation: Type ❑X Commercial:Sq.fl. 180,000 Acres Employees ❑ Mining: Mineral ❑ Industrial: Sq.fl. Acres Employees ❑ Power: Type RIW ❑x Educational: Elementary School ❑ Waste TreatmenuType hiGD 0 Recrcational:Open Space ❑ Hazardous Waste:Type ❑ Water Facifities:Type MGD ❑ Other: — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Project Issues Discussed in Document: ...... X❑ AestheticNisual ❑ Fiscal ❑X Recreation/Parks 0 Vegetation X❑ Agricultural Land ❑X Mond Plain/Flooding ❑X Schools/Universities 0 Water Quality X❑ Air Quality ❑X Forest Land/Fire Hazard ❑ Septic Systems_ 0 Water Supply/Groundwater ❑X Archeological/Historical ❑X Geologic/Seismic ❑X Sewer Capacity 0 Wetland/Riparian X❑ Biological Resources ❑X Minerals ❑X Soil Erosion/Compaction/Gradirig ❑X Growth Inducement ❑ Coastal Zone ❑x Noise ❑x Solid Waste 0 Land Use Q Drainage/Absorption 0 Population/Housing Balance 0 Toxic/1lazardous ❑X Cumulative Effects ❑ Economic/Jobs ❑X Public Services/Facilities 0 Traffic/CirculationX❑ Other: Energy — — — — Present Land UseiloninglGeneral Plan Designation:_ _ — _ _ _ _ _ .... — Open Space - Flood Control, Utility Corridor, Open Space, Conservation, Hillside Residential; Residential -Low Medium, SpeciallB Project Description (please use a separate page if -necessary) — — — — — — — — _ — — — — — — The Etiwanda Heights Neighborhood & Conservation Plan Project consists of the proposed annexation of approximately 4,388 acres and adoption of a specific plan for this area. The plan balances community priorities in the rural 3,176 acre northern portion of the project area and appropriate development of new neighborhoods In the 1,212 acre southern portion of the project area. The proposed plan would allow up to 3,000 residential units, of which 2,900 would be in new neighborhoods in the southern portion of the project area,180,000 square feet of neighborhood shops and restaurants and supporting civic uses, including parks and an elementary school. fcari ... u..... s jut a!! Heft projerls. Ija SCH number alreade rzisrs fora prerject I e F Natio ojPreparauh.Yr Ir EXHIBIT B Revised 2010 E1-Pg19 Reviewing Agencies Checklist _ Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X". If you have already sent your document to the agency{ please denote that with an "S". X Air Resources Board Boating & Waterways, Department of California I mergency Management Agency California Highway Patrol X Caltrans District # 6 X Caltrans Division of Aeronautics Caltrans Planning Central Valley Flood Protection Board C'oacholla Valley Mtns, Conservancy. Coaslal Conuuission Colorado River Board X Conservation. Department or Corrections. Department of Delta Protection Commission Education, Department of Energy Commission X Dish K Gantt Region # 8 Food & Agriculture, Department or X Forestry and Fire Protection. Department of General Services, Department of Health Services. Department of llou4ng K Community 1)etcloptnent X Native American Heritage Commission Local Public Review Period (to be tilled in by lead agency) Starting Date Decembefi 4, 2018 Lead Agency (Complete it applicable): X OfflCc of HiStnrk Preser%ation Office of Public School Construction X Parka K Recreation, l)cpartnteni of Pesticide Regulation, Department of Public Utilities Conuuission X Regional WQCB # 8 Resources Agency. Resources Recycling and Reco%ery. Department of S.F. Bay Conservation tic Development Comm. San Gabriel K Lower L.A. Rivers & Mins. ConsenajWv San Joaquin River Comers ancy Santa MnniL-a Mots, CnrtScrvaney- X SMIC Lands Commission SWRCB: Clean Water Grants X SWRC'B. Water Quality SWRCR: Water Rights Tahoe Regional Planning Agency X Toxic Substances Control. Department of X Water Resources, iepartnent of Mier: C)Iher: Ending Date January21, 2019 Consulting Firm: Meridian Consultants Applicant= City of Rancho Cucamonga Address: 920 Hampshire Road, Suite A5 Address: 10500 Civic Center Drive City/Stater/,ip: Westlake Village, CA 91361 City/State/'/.ip: Rancho Cucamonga, CA 91730 Contact: Tony ocacciato phone: (909) 774-4312 phone: (805) 367-5720 y r — -- — — — — — — — — — — —— � --`----_-------------- ---- Signature of lead Agency Representative: Date: Authority cited -Sect bn 21083, Public Resources C de, Reference. ' n 21161, Public Resources Code. ttevkcd X010 E 1--Pg20 EXHIBIT C E1 -P,21 N O Q fm N N O v QmQ n C7 h n m h n p m 7 N n w N {�pp 8 ty n m O N O O N Q M 1p O O N 1'] n [p O7 M �p7 4 (p�7 n N n n n n 1p'J (p� n_ �_ A_ h h O/ - R r_ N Q Q N n Q (Q� v Q N Q_ Q_ N Q [p N Q N N 10 N N n N PJ n N 1� n_ Q C N N N n N h n g h O h_ h 1� h C1 N Ir ^ 1.. N N yQ 1fi N .. 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Ach _ NNNQiQO¢ In C'3 F m mgln @ ca mm > >m Cc _.p1N�7nn N @ c �E L NN ONO 1% R T 'C (7O 7 NN -y @ O oL Q W UCJ L @� } 10 C JLQ aL.. �.Q @N nca� NNN p 8 N Q g @ T Q L H co L h M n C '1y O Q 0 N l31 n 17. lL m a F V U L7 v7 Q d 7 C Q1 p p 1`7 Q M Q M M Q Q M O1 y Q1 Q O1 Q C Z N W x oa x U J�a �j W �mm O O@ m }� in a CO (] () C N@ m wm113 @ U 16 L ILC i x a g x o C x -O x x pviDDm K b x pO- mm� x N Nvppr� NO ,mm� n mmlif 01 Q Ol NO� v vn 1p epn I[]N 0011'7 r ton Oneh o1=no�m�mat9a 10 Oep�O m rnn O NO NOGG QO OON Il A mraa F] r Nn Naa v vh Mrr f7 NIOCOOIr+fiOlr p, pfar ada�aom7aaN t 105 @ n ' N o CD E C D E 14 9 C N O C— N C a C = C C a N m c "° n g v o IM¢ } a a� E g c E a c —_ m N ani E �c `� n w 1macn 410. W Uma C7m � =�2>. 2 acc0x Ycn rn a E Z a N W u m m E c c c Q m a E rLry�' C m E E m s m e C o `ecc m m m Z c `0 1° �Lo d o@ o E Y@ O Y -@i y''Z Q _u Vi m @ aci T c c Y rC -1 @ �° c m m q E c H 4 U i @ YcnaJ� i4 O N NN L Yl m a N ��UU�"o�m�nlno` Y 7 7 0 V ]+ C ��Uo`¢�10CIO Q C {Cq L U aoa � :no= V n C= ti a o E @ p r r g c , U ca 0 }, m CLC _ o H G r V N rz a O g O � O L v, E z H Em_�". 10 E C U c L@ c C O O O a m fig+ O O m c Q m @ c &' ° m a @" � a a a m m U N z e o g E g E E '�' io e'"a s p ¢ z PL 4 y o y@ 4' o 2 E c rq T= m cnpm� y V A m C W y W !O0� !pa� = N O m N O EMn @ C m m C m o a Eda'E a` Ix j H a �F 8 i' C Q 0 C 5omdw N.�� O� H c a`— � m `m E m s ro o i° m pmo'S3—crn ; E W �a cmnvl `oo '�'$�,, o =� ya;gg EEE cU @ 1me U° 4@mm0 I =3�C�1 @o`O0� T C T C ocno�EEa E m,'3_ �I?p7 o t t o t e uj a 1p LmUUNQi7m�'E F a g E@ m E o—@ J`= 01 `m U E o m e cm O o O }+ FC U p U xi U Ci S U Ul U7 W p 3p C 1qw N C L@ >•OI>_h7U��wU m m m m ,= V L W U=d0UmU @ w 7 a V 4 S IL N a10id,]U�DOOcl7J w N G Y C i =ry4 m 19 Yl tlai a% ilf a �1 19 EXHIBIT C E1 -P,21 El—Pg22 I5 m 4 CD m ?r= Q C C 44 Q N Ln'Q N W $ W W Q N 4] Q Q 11] Ir 18 Q N N V 61 m m m m mm SVm1 Q Q r m N to r r N .- :� }N p N pm 8 ��[/ %n mmormrnw {m 1(l IY1 1A M LL'f 4m rnrna Q cncam o U e�aoarnaaaMM C O Imfl mm U U U U U U U U U U u u L) U U U U U 1<0 U U U U. g ppp�ppp g 9 g 0 0 C== m 0 0 m 0 0 C C m 0 0 0 C C m m 0 a C C m m 0 C m H 0 u C c 0 C m o C m �+ E� R E E R E 0,2 R m E 0 C m a E E E E E E E E E E E E E v E R c c A m c m c 0 E S EL°E2LOEe1!1!eLLL°L°CL°Q3mmamami°N V el U V V u u V u V C u u CL u m V7 9 V) V) fn V) V) f7 fn N A In O f 1 J W O V] J In J N N N M m C3 to m 7 Q C) C LL LL LL R > a_ Q E=E E r' 8 m �m cry m ¢ c N g mo n �m m� cc ID a'9CP in in mamm co u� E iV) aye o m N y m L mf N 7 m 7 N a t yj N m 0 N 7 Nw �j A d a g U) m Q G n N { T0 3 iE7 w R yN U> C o O VI 0 = C p a t N L N N= m m �y w cc y R ri,� o cc m m m xpp �'> m m Z ]e Z rNi w Z o U` w IY Q pap O G N Q O p— S O 6 Q C O O m O Im�l O to m N C N G Q v .-da a ��mdaQmrn mcv�im�Ommm S r� LA m V C au2"< R CLmfnn X00 r O m U Q _ Q m Z 0 N CL A., E: �wrn Y v R = �am.2210 m i xo N E N cc D C Qm rn R d E C eq i3 0 u c' R c o c u p w E a E c 'w ���;� a o �o�� m a9 �cm ea; v)x R ma,� c om °'c poa g o z R = V`ca N 7 m 111 E YI s m 0 C c C C C $s 8� C_7 Ea = EE uom m �aau Eu ° C 0�O C m C C m° N �2 C {� -gigs ° o axw GI m wE aaE)i m 3 N m =_ a R c E c U E E C7 _J E 2 2 E m E 0 z° gig . m m — E m R R R R O m . m R y O m O O m r mor m p e m' m m m !0 W (� m 7 m 0 9 m? N O m m m /9 o000inu a tnmaob'u��C) US mmcnUw El—Pg22 STAFF REPORT DATE: December 12, 2018 TO: Chairman and Members of the Planning Commission FROM: Matthew Burris, Deputy City Manager V SUBJECT: MUNICIPAL CODE AMENDMENT DRC2018-00956 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 (Development Code) of the Municipal Code to expand limits on animal keeping for educational uses in the Industrial Park (IP) Zone. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15061(b)(3). This item will be forwarded to City Council for final action. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution 18-78 recommending the City Council approve Municipal Code Amendment DRC2018-00956. BACKGROUND: Rancho Cucamonga has a long history of animal husbandry and the City has helped to foster this tradition in its large -lot residential areas through its zoning and General Plan policies. Over the past several years, the Planning Department has received inquiries about animal husbandry programs associated with educational uses such as primary and secondary schools. In a few cases, these schools have been in the Industrial Park zone, which does not allow animal keeping. Most recently, Abundant Living Family Church and United Christian Academy approached the City about incorporating animal husbandry into their curriculum. The purpose of this amendment is to address this inequity so that educational uses based in Industrial Park zones that wish to pursue animal husbandry -based educational programs, such as Abundant Living Family Church and Upland Christian Academy, may have the option to do so. ANALYSIS: After studying the issue in depth, staff is recommending that the City's Development Code be amended to allow limited animal keeping in Industrial Park zones when associated with public or private schools uses. Animal husbandry programs are acceptable and expected accessory uses of primary and secondary schools. Numerous high schools throughout the region have animal husbandry programs and the scale can vary from a small footprint with a few small animals to a large footprint with many animals and even greenhouses and barns. Animal husbandry and agricultural science programs can provide students with valuable exposure to science and serve as a launching point for science and technology-based career opportunities, such as biology, chemistry, veterinary medicine, anatomy, and even biotechnology. However, if not properly managed, animal keeping activities can impact adjacent properties. Most typically, these impacts occur as noise, dust, and odor impacts. Through limits on the number and type of livestock as well as maintaining distances, impacts can be controlled. E2 --pg 1 PLANNING COMMISSION STAFF REPORT DRC2018-00956 — CITY OF RANCHO CUCAMONGA December 12, 2018 Page 2 The Section 17.88.020.13 of the Development Code currently provides that: All animals_ excluding household pets, shall be kept a minimum distance of 70 feet from an adjacent Primary dwelling, school, hospital or church located on any adioining site. The location of corrals, fenced enclosures, barns, stables, or other enclosures used to confine horses shall conform to this requirement. This setback shall not apply from any adjacent guesthouse orsecond dwelling unit.' This existing provision adequately addresses the need for maintaining distances between adjacent uses and buildings to minimize impacts and, as proposed, will also apply to schools in Industrial Park zones. The proposed Code amendment would further help prevent impacts by limiting the size and number of livestock associated with educational uses in Industrial Park zones. Only small livestock, such as sheep, goats, and chickens, would be allowed. Furthermore, this code amendment would restrict such activities to lots of 10 acres or more to further limit to potential for impacts to adjacent uses. Staff proposed amending Table 17.88.020-1 of Chapter 17.88 (Animal Regulations) of the Development Code as follows - TABLE 17.88.020-1 LIMITS ON ANIMALS E2—Pg2 Minimum Property Maximum Allowed Type of Animal Area (Square Feet per Number (1.7) Districts Animal) Domestic Pets • Cat(s) No Minimum Required 3 ref VL, L, LM, M,MH, H, MU, HR • Dog(s) No Minimum Required 3 te> VL, L, LM, M, MH, H, MU, HR • Rodents Mand Small Birds 11) 5,000 SF (2) 2511) 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 (3) See Table Note #3 VL, L, LM, M,MH, H, MU, HR Insects c31 See Table Note #3 VL only Livestock Animals • Horse°�, Mule (4), Donkey°�, Pony 14,51 or Pot -Bellied Pig (s) 10,000 SF 6 VL and L - Cattle, Swine, Llama, or similarly sized Livestock Animal 20,000 SF 3 VL and L • Sheep and Goats or similarly sized 5,000 SF 6 VL and L livestock Animal (9) 10 Acres 6 IP only Poultry19k 5,000 SF 6 VL only 10 Acres 12 IP only E2—Pg2 PLANNING COMMISSION STAFF REPORT DRC2018-00956 — CITY OF RANCHO CUCAMONGA December 12, 2018 Page 3 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. (3) With a Conditional Use Permit as required by Table 17.30.030-1. Additional findings in Section 17.88.020 shall be met. (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. (B� Pot belly pigs are subject to the conditions/requirements described in Section 17.88.020(F). 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. (B� 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 as an accessory use to a private or public school with a Conditional Use Permit as required by Table 17.30.030-1. Additional findings in Section 17.88.020 shall be met. Animal keeping associated with educational uses in the Industrial Park zone would be allowed only through a Conditional Use Permit (CUP). By requiring a Conditional Use Permit, the City retains the ability to address any unforeseen site constraints, design issues, or concerns. This provides an additional layer of opportunity to ensure these small-scale animal keeping uses would not result in impacts to properties near educational uses in the Industrial Park zone. Section 17.88.030 contains specific Conditional Use Permit findings for animal keeping that must be met in order for the Planning Director to approve the Conditional Use Permit. These are: "A. The keeping of the animal at the location specified in the application will not violate any federal, state, or local law. B. Odor, noise, dust, and drainage from the keeping and maintenance of the animal will not contribute a nuisance or hazard to the public. C. The keeping and maintenance of the animal will not endanger the peace, health, or safety of persons in the immediate vicinity, or in the city as a whole." To further clarify the Conditional Use Permit requirement, the "Agricultural and Animal -Related Uses" land use provisions of Table 17.30.030-1 of the Development Code would be amended as follows: E2—Pg3 PLANNING COMMISSION STAFF REPORT DRC2018-00956 — CITY OF RANCHO CUCAMONGA December 12, 2018 Page 4 TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning VLL LM M MH H MU OP NC GC CC C RRC CO [PGI MIIHI HI OS HR FC UC District Agriculture and Animal - Related Uses Agricultural Uses N N N INI N NJ N I N I N N I N I N N N ININ N INI P N P I P Animal Keeping, P P P P P P N N N N N N N N N N N N P N N Domestic Pets 0)P 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 (I Animal Keeping, P NNN 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 tat 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 N INI N JN� N N N N N N N N N N N N N N N N Facilibb t , Ho '4'' See additional regulations for animal keeping in Chapter 17.813. It is staff's professional opinion that, with the requirements proposed under this Development Code Amendment, agriculture and animal keeping educational activities can be provided for by schools in the Industrial Park zone without creating nuisance issues for adjacent properties or unduly affecting business activities in the Industrial Park zone. Environmental Assessment: 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 Guidelines Section 15061(6)(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 E2—Pg4 PLANNING COMMISSION STAFF REPORT DRC2018-00956 — CITY OF RANCHO CUCAMONGA December 12, 2018 Page 5 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 impact on the environment, Facts for Finding: Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds that the Development Code amendment is consistent with the General Plan goals, policies, and implementation programs. 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. 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. FISCAL IMPACT: Future applicants would be responsible for paying permit and inspection fees for any new applicable physical improvements. COUNCIL GOAL(S) ADDRESSED: The proposed amendment does not specifically address a Council goal, however encouraging animal husbandry and agricultural science programs by permitting animal keeping in all schools within the City promotes our Premier Community Status within the region. EXHIBITS: Draft Resolution of Approval for Municipal Code Amendment DRC2018-00956 E2—Pg5 RESOLUTION 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- 0095 , 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 . ollows: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 E2--Pg6 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 M Tony Guglielmo, Chairman ATTEST: Candyce Burnett, Secretary 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: E2—Pg7 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: 0) Refer to section 17.88.020(E) for additional allowances. 1.2j 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 E2—PgB Minimum Property Maximum Allowed Type of Animal Area (Square Feet per Number (1,7) Districts Animal) Domestic Pets • Cat(s) No Minimum Required 3(s) VL, L, LM, M, MH, H, MU, HR • Dog(s) No Minimum Required 3(s) VL, L, LM, M,MH, H, MU, HR • Rodents (2) and Small Birds R) 5,000 SF 12) 25 12) 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 (3) See Table Note #3 VL, L, LM, M,MH, H, MU, HR Insects (3) See Table Note #3 VL only Livestock Animals • Horse (4), Mule°�, Donkey°), Pony (4-$) or Pot Bellied Pig (fi) 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 livestock Animal (9) _ 10 Acres 6 1P only 5,000 SF 6 VL only Poultryl9) 10 Acres 12 1P only Table Notes: 0) Refer to section 17.88.020(E) for additional allowances. 1.2j 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 E2—PgB (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. Pot belly pigs are subject to the conditions/req uirem ents described in section 17.88.020(F). 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. {$� For lots with a minimum area of 10,000 square feet, one additional dog and/or cat may be allowed. c9i Such animals may be kept in the IP district on lots of ten acres or -greater in size as an accessory 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 GCCC SC RRC CO IP GI MI1HI HI OS HR FC UC District Agriculture and Animal - Related Uses Agricultural Uses N N N N N N N N N IN N N N N N N 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 coy 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 (°) I Animal Keeping, P NJ N NJ N NJ N N N N N N N N N N N N N N N N Insects (a) 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 (a) 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 (a) — Equestrian Facility, C N N N N N N N N N N N N N N N N N C N C C lCommercial Equestrian P N N INJ N INI N N __j___jj N N N N N N N N N N N N N N Facility, Hobby Draft Ordinance Page 2 of 3 E2—Pg9 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 E2—Pg 10