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HomeMy WebLinkAbout951 - OrdinanceSECTION 1. The City of Rancho Cucamonga has prepared Specific Plan Amendment [>RC2019-00230' as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Specific Plan Amendment is referred to as "the Amendment". & On Dctober4' 2O17'the City Council approved Urgency Ordinance No. 919, an interim ordinance requiring e Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the Qb/ to allow staff time 10 study appropriate development standards and [egU|sdioDS for hohs|a and draft any necessary changes to the &1un|Cip8| Code. Per State |UvV' an iQtG[iO0 ordinance is effective for a period cf45 days from the date ofadoption, unless extended adapublic hearing prior tVthe end ofthe 45-dayperiod. B. On November 15, 2017, the City Council approved Urgency Ordinance No. 923, which extended the interim ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for 8n additional 10 months, 15 days, to provide staff additional time to study the issue and draft Municipal Code Amendment to address the impacts created by hotel development within the City. C� On September 19' 2018' the City Council &VpnOV8d Urgency Ordinance NO. 940. which further extended the |Ote[iUl ordinance's requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10DlDDthS. 15dayS. D, On April 10 and April 24, 2019, the Planning Co[nOOiSSiOD of the City of Rancho Cucamonga conducted a DOUCed public hearing with respect tOthe Amendment and, fOUOYviDg the nDDC|USi0D thereof, adopted R8SO|UtiDO NO, 19-34' recommending that the City Council of 'the City V(Rancho Cucamonga adopt this Amendment. E. [}DMay 1S.2O19.the City Council U[the City o1Rancho [|Qc@OnOnQ@conducted a noticed public hearing ODthe Amendment and continued the public hearing t0edate certain. F. On June 5. 2018, the City Council of the City of R8OChO Cucamonga continued with the noticed public hearing on the Amendment and concluded said hearing on that date. SECTION 2, Based upon the substantial evidence presented tothis Council during the above- ref ormno*d public hearing, this Council hereby finds and concludes that the changes pnrposedtnTit|o17/Deve|opnneniCode\intheAnnendrnen1anacnneis1entwiththeGenena|P|mn goals, policies, and implementation programs, General Plan Land Use Policy LL-/./encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses standards for hotels that may be near residential neighborhoods will reduce potential impacts created by hotels. Land Use Goo/ LL/1/ requires that noOnrnuDih/ aesthetics are maintained LhFough appropriate [oyu|8tioDS. Establishing design guidelines for 'hotels will 8noOUraOa better site design, improved architecture, and the use of higher quality building materials. Lastly, through partnerships designed toreport and prevent criminal activity athotels between hotel owners and operators, and City Police and Fire services, Public Safety Goal PS-4, which requires a high level of public safety services throughout Rancho Cucamonga, can continue to be achieved, SECTION 3. The Planning Department staff has determined that this Amendment is exempt from the requirements of the California Environmental Quality Act /CECkA\ and the Cih/S CE{JAGuidelines. The p jeutqUa|ifieouOderthegeneua| rule that <� �[}Aapplies D|ytnprojects, ^ which have the potential for causing significant effects on the environment. Pur8uantt0State CEQA Guidelines Section 15001(Q)(3). vvh8Ra it can be seen with certainty that there is no possibility that the activity inquestion may have significant effect onthe environment, the andvitv is not subject to <�E{JA. The Amendment does not propose any physical change to the ' environment itself. The Amendment's requirement for hotel development applications to prepare a market feasibility study is a purely economic requirement, In addition, the occupancy standards and public safety standards are limited to the operation of hotels and do not affect the environment. The remaining development standards do not have the potential for causing significant effects on the environment because they pertain to improving the quality of the architectural design of hotels and not to the intensity of development. In aunn' the /\[nondnneQt would impose more restrictive regulations on hotel development within the City as hotel projects are currently permitted by right in most zoning districts, Furthermore, the Amendment only revises the land use regulations to apply development and operational standards for hotels and to require discretionary review through the Conditional Use Permit process for the development of hotels. Applications for development subject to these provisions will be reviewed for CEQA compliance under separate entitlements. During the entitlement process, the applicant will be required to comply with CEC)A. In reviewing each project for compliance with CE{jA, an applicant may be required to eubrn|| environmental studies that analyze potential impacts such as air qua|ity, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site - specific pr[;8o1. On a case -by -case [GViSVV Of each project, the appropriate 8DVirOOOl8Ota| document will b8prepared toaddress project -specific impacts. Based QDthis evidence and all 8f the evidence in the record, the City Council oODCurS with the Planning D8VaFtn08Dt Staff'S determination that the Amendment will not have a significant effect on the environment and is therefore HXennptfrom further environmental review Under CE[]A. SECTION 4. The |oDd use |8b8|Bd "Hotels and OD0te|8" in the SohedU|8 under Subsection 5.23 (Commercial and Office Districts) shall be modified as follows: F_ (') Hotels subject to Development Code Chapter 17.93 SECTION 5. In 0000rd@Doe with Municipal Code Section 17.02.O28.F, this Ordinance shall apply io all pending project opp|iootions, including those that have been deemed complete bvthe planning director, unless the project hasrecoived8||OeC8sS8[yp|enningp8nDbo and entitlements prior tothe effective date ofthis Ordinance. SECTION 8. 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 8U8{t the validity of the remaining portions of this Ordinance. The City Council hereby declares that itwould have adopted this [][diD8Dce and each section' subSeChOD. Subdivision, sentence, clause, phraae, 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 7. Neither the adoption of this C}[diD8Ooe nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of Qrdinannes, which violations were committed prior tothe effective date he/eof, nor be construed as 8waiver ofany penalty orthe penal provisions applicable 10any violation thereof. SECTION 8. The City Clerk shall certify tothe adoption ofthis Ordinance and shall cause itiOb8published iDthe manner required bylaw. oa�i!UC. �Reynolcls, �Ierk i JAN|CE C. REYWOLOS, City Clerk of the City m[ Rancho Cucamonga, (�e|�onnio'dohereby cerhfvthat the foregoing {}ujinenoevvesintroduced sdeRegular Meeting 0f the City Council of the City of Rancho Cucamonga held on the 5th day ofJune 2019' and was passed etaRegular Meeting o[the City Council nfthe Qh/ofRancho (�uo8rnoDgaheld onthe m ' 1�mdovOfJUO82O1Q, AYES: Hutchison, Kennedy, Michael, Scott end5paQno|o NOES: None ABSENT: None ABSTAINED.- None Executed this 20"day Oi June 2019, at Rancho Cucamonga, California. ?anice 7.' ReQyold, erk���� Ordinance No, Q51—Page 4of4