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HomeMy WebLinkAbout948 - Ordinance ORDINANCE NO 948 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO REQUIREMENTS AND STANDARDS FOR CAR WASHES WITHIN THE CITY AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2019-00120, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the Amendment". A. The City of Rancho Cucamonga, California (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The City may adopt ordinances from time to time pertaining to land use issues to address municipal options. C. On May 23, 2018, the Planning Commission was presented with information on the City's car wash regulations and learned of staff's concerns about the standards currently in place for the land use. The Commission expressed support of 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. D. On June 20, 2018, the City Council approved Urgency Ordinance No. 932 establishing a moratorium on the establishment or expansion of car washes for a period of 45 days. E. On August 1, 2018, the City Council approved Urgency Ordinance No. 935, which extended the moratorium for an additional 10 months and 15 days for a period of one (1) year in total. F. On March 27, 2019, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, issued Resolution No. 19-23, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. G. On April 17, 2019, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. H. All legal prerequisites prior to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies, and implementation programs. General Plan Land Use Policy LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Regulating the Ordinance No 948— Page 1 of 6 I development standards and operational requirements for car wash and mobile automotive-related uses that may be near residential neighborhoods will reduce potential impacts created by such uses. Also, Land Use Goal LU-11 requires that community aesthetics are maintained through appropriate regulations. Establishing design provisions for cash washes will encourage better site design and improved architecture with the use of higher quality building materials. SECTION 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 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 proposed Municipal Code Amendment does not propose any physical change to the environment itself. The amendment only revises the land use regulations to apply development and operational standards for car wash and mobile automotive-related uses, which will in fact help to mitigate impacts on noise, water and air quality, and aesthetics. Applications for development subject to these provisions will be reviewed for CEQA compliance under a separate entitlement. During the entitlement process, the applicant may be required to submit environmental studies that analyze potential impacts 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. SECTION 4. The land use labeled "Car Washing and Detailing" in Table 17.30.030- 1 (Allowed Land Uses and Permit Requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) shall be modified as follows: Land Use/Zoning VL L LM M MH H MU OP NC GC CC SC RRC CO IP GI MI/HI HI OS HR FC UC District Car Washing and N N N N N N N N N C C N C N C N N N N N N N Detailing SECTION 5. Land use definitions for "Mobile automotive-related uses" and "Mobile car washing and detailing" shall be added in alphabetical order to Section 17.126.020 (Universal definitions) of Article VIII (Glossary) as follows: "Mobile automotive-related uses. Any activity conducted for compensation that involves minor vehicle repair including battery replacement, 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 as determined by the Planning Director, but shall not include major automobile repair or maintenance, such as body or painting work of vehicle or vehicle parts. Mobile car washing and detailing. Any activity conducted for compensation that involves the washing of automobiles, trucks, motorcycles, recreational vehicles, or any other vehicle, and which is moved from one location to another, such as to serve customers at their residences or Ordinance No 948— Page 2 of 6 places of work. Temporary car washes (e.g., fundraising activities) are not part of this use classification." SECTION 6. Chapter 17.89 (Car Washing and Detailing) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby added as follows: "CHAPTER 17.89 CAR WASHING AND DETAILING Section 17.89.010 Purpose. Section 17.89.020 Development Standards. Section 17.89.030 Operational Requirements. Section 17.89.040 Mobile Car Washing and Detailing. 17.89.010 Purpose. The purpose of this chapter is to regulate car washing and detailing uses, including mobile car washing, with development standards and operational requirements that will ensure high quality car wash development and address the mitigation of impacts that can be associated with car washes such as noise, water and air quality, aesthetics, and traffic related impacts. 17.89.020 Development Standards. A. The site layout and design shall ensure that the queuing and drying areas will not create overspill onto adjoining walkways and streets, or onto adjacent properties/parcels not associated with the car wash use. B. All washing facilities shall be completely within an enclosed building. C. Whether automatic, by hand, or self-service, the car wash structure (including wash bays) shall be located a minimum one hundred (100) feet from the boundary of any residentially zoned or developed property. D. 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 or developed property. E. Vacuuming facilities shall not be located along public or private streets and shall be completely screened from adjacent residential properties for noise attenuation purposes. Additional noise attenuation may be required depending on the number of vacuums, including distance separation, to the satisfaction of the Planning Director. F. All car wash developments shall be subject to the Rancho Cucamonga Commercial and Industrial Design Guidelines. The car wash structure must be architecturally compatible in terms of mass, scale, and building colors and materials with any other buildings on site and with the surrounding neighborhood. G. The queuing area shall be of a sufficient length to accommodate the necessary stacking of vehicles.The stacking distance shall be determined through a parking study as provided in Chapter 17.64 (Parking and Loading Standards). Each drive-through lane shall be Ordinance No 948 — Page 3 of 6 separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site. 17.89.030 Operational Requirements. A. Hours of operation shall be limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m., and Sunday, 9:00 a.m. to 6:00 p.m., unless site specific circumstances otherwise warrant alternative hours of operation, as determined through the conditional use permit process. B. 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. C. 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. D. 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. E. The installation and operation of outdoor loudspeakers or public address systems is not permitted. 17.89.040 Mobile Car Washing and Detailing. Mobile car washing and detailing is considered an incidental use related to the permitted principal land use in any zoning district upon which the activity takes place. A city business license and any applicable permits related to wastewater or environmental protection must be obtained. The following operational requirements shall apply to all mobile car washing and detailing uses: A. 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. B. Mobile car washing and detailing businesses operating in non-residential districts shall not operate within 300 feet of a boundary of a residential district and/or residential structure. C. Hours of operation in residential districts shall be limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m., and Sunday, 9:00 a.m. to 6:00 p.m. Hours of operation in non- residential districts shall be limited to Monday through Sunday, 8:00 a.m. to 7:00 p.m. D. In non-residential districts, mobile car washing and 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. Ordinance No 948 — Page 4 of 6 E. In non-residential districts, mobile car washing and detailing businesses shall not service more than twenty (20) vehicles per location per week. F. Operators shall maintain noise levels below the levels provided in Section 17.66.050 "Noise standards" of this Code. G. The operator of a mobile car washing and 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. H. 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 Engineering Services Director/City Engineer. SECTION 7. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No 948 — Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 1St day of May, 2019. nne B. Ken edy, M r Pro Tem ATTEST: �Yanice C. Reynolds, CI rk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, California, 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 17th day of April 2019, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1 St day of May 2019. AYES: Hutchison, Kennedy, Scott and Spagnolo NOES: None ABSENT: Michael ABSTAINED: None Executed this 2nd day of May 2019, at Rancho Cucamonga, California. C r r ice C. Reynold, Clea Ordinance No 948— Page 6 of 6