Loading...
HomeMy WebLinkAbout958 - OrdinanceORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT DRC2019-00459 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga (the "City") prepared the Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) DRC2015-00751 as a specific plan (the "Specific Plan") to regulate development in an area comprising approximately 4,393 acres extending roughly from Haven Avenue easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary that is largely in the City's Sphere of Influence (the "Project Area"). The Project Area is more particularly described in Section 2.2 of the Specific Plan. 2. The City has caused to be prepared Development Code Amendment DRC2019-00459 (the "Development Code Amendment") in order to amend Section 17.114.020 of the Rancho Cucamonga Municipal Code to add a description of the EHNCP Specific Plan as an official specific plan of the City. Upon approval of the Development Code Amendment, the EHNCP Specific Plan will be codified in Section 17.114.020 in the same manner as other specific plans adopted by the City Council. 3. On July 24, 2019, the Planning Commission opened a duly noticed public hearing on the Development Code Amendment and continued the hearing to August 28, 2019. 4. On August 28, 2019, the Planning Commission re -opened the duly noticed public hearing on the Development Code Amendment, concluded the hearing on that date, and thereafter, among other actions, adopted Resolution No. 19-51, recommending that the City Council approve the Development Code Amendment. 5. On October 2, 2019, the City Council conducted a duly noticed public hearing on the Development Code Amendment and concluded the hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Findings. 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. CEQA. The EHNCP, the Development Code Amendment, and their associated approvals (collectively, the "Project") have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Local CEQA Guidelines. The City prepared an initial study and, based on the information contained in the initial study, concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources. Based upon the information contained in the initial study, the City prepared an EIR for the Project in order to analyze the Project's potential impacts on the environment. A Draft EIR was prepared and circulated for public review and Ordinance No. 958 - Page 1 of 10 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 Page 2 comment, and a Final FEIR was reviewed by the City Council. By separate Resolution No. 19-082, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; (iii) adopted a Statement of Overriding Considerations and (d) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 19-082 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 3. Based upon all available evidence presented to the City Council during the above - referenced public hearing on October 2, 2019, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. Much of the Project Area is currently within unincorporated San Bernardino County, with a small portion located within the City's limits. Specifically, 4,088 acres of the Project Area are located within the City's Sphere of Influence and 305 acres lie within the City. Approximately 3,494 acres of the Project Area, including portions within the City's Sphere of Influence, are governed by the Etiwanda North Specific Plan, adopted by the City in 1992. b. Development of the portion of the Project Area in the City's sphere of influence is currently governed by the San Bernardino County General Plan and zoning regulations, with various portions of the Project Area designated as Resource Conservation, Single Residential, Rural Living, Special Development Residential, Open Space, Institutional, and Floodway under the County General Plan. The portion of the Project Area currently within the City is regulated by the City's General Plan, the Etiwanda North Specific Plan, or both. C. The majority of the unincorporated Project Area is currently pre -zoned under the Etiwanda North Specific Plan, which includes zoning designations for Utility Corridor, Flood Control/Riparian, Resource Conservation, Very Low Residential Estate, Very Low Residential, Low Residential, Hillside Residential Estate, Hillside Residential, Neighborhood Commercial, Fault Zone, and Open Space. The remainder of the unincorporated Project Area in the City's Sphere of Influence is not currently pre -zoned by the City. The Project Area located within the City's boundaries is zoned Flood Control north of Banyan Street and Residential -Medium south of Banyan Street. d. The Specific Plan is comprised of two planning areas: (1) the Rural/Conservation Area generally located north of the Day Creek Diversion Levee to the San Bernardino National Forest boundary and east from Haven Avenue to the City limits; and (2) the Neighborhood Area located south of the Day Creek Diversion Levee to the 210 Freeway and east from the Day Creek Channel past Milliken Avenue. Each planning area is governed by a regulating zone that carries specific regulatory requirements intended to implement the Specific Plan's vision. e. The Rural/Conservation Area comprises approximately 3,603 acres within the Project Area and is subject to development standards and strategies intended to conserve and manage the areas as open space. The Rural/Conservation Area consists of a single regulating zone known as Rural, which is subdivided into the following sub -zones that correspond to existing General Plan open space land use designations: (1) Hillside; (2) Conservation; (3) Open Space; and (4) Flood Control. Up to 100 residential units could be developed within the Rural/Conservation area under the proposed development standards, with a Transfer of Development Rights (TDR) program that would allow property owners to transfer development rights for up to 300 residential Ordinance No. 958 - Page 2 of 10 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 Page 3 units from the Rural/Conservation Area to the Neighborhood Area. The City Council supports the Specific Plan's goal of preserving the foothills that comprise the Rural/Conservation Area as open space, along with the standards and strategies intended to achieve that goal. f. The Neighborhood Area comprises approximately 790 acres within the Project Area and is subject to development standards intended to promote appropriate and well - designed residential, limited commercial, and recreational development. The Neighborhood Area consists of the following regulating zones: (1) Neighborhood Estate; (2) Neighborhood General 1; Neighborhood General 2; (3) Shops and Restaurants; and (4) Central Greenway Overlay. The Specific Plan permits up to 2,700 residential units in the Neighborhood Area, which may be expanded to 3,000 units depending on property owner participation in the TDR program. Among other amenities, the Neighborhood Area includes a trail network that builds upon the City's existing trail network as identified in the General Plan and Trail Implementation Plan. Development within the Neighborhood Area is intended to help generate funds to support open space conservation within the Rural/Conservation Area. The City Council finds that the Neighborhood Area is well designed and planned and will help promote the Rural/Conservation Area as open space. g. The City Council has independently reviewed the General Plan Consistency Analysis attached as Exhibit Q to the City Council staff report and included as Table 4.10-2 in the EIR. Based on this comprehensive consistency analysis, the City Council finds that in conjunction with the related documents and approvals associated with the EHNCP (General Plan Amendment DRC2015-00749, Zoning Map Amendment DRC2015-00752, Etiwanda North Specific Plan Amendment DRC 2015-00750, and Annexation DRC2015-00732), the Development Code Amendment is consistent with the goals, policies and implementation programs of the General Plan and will not conflict with any specific plan applicable to the Project Area. This finding is more specifically supported by the following evidence: i. The Development Code Amendment would facilitate implementation of the EHNCP Specific Plan, including its limitation on development within the Specific Plan's Rural/Conservation Area, consistent with the City's conservation goals, as outlined in the General Plan's Resource Conservation Element and including Goal RC-1 ("Encourage stewardship of natural open space areas, environmentally sensitive lands, and agricultural resources") and its associated policies. ii. The Development Code Amendment would facilitate implementation of the EHNCP Specific Plan Neighborhood Area, which is well designed and planned and will help promote the Rural/Conservation Area as open space. This is consistent with General Plan Goal LU- 9 ("Foster a cohesive, healthy community through appropriate patterns and scales of development, including complementary transitions between districts, neighborhoods, and land uses") and its associated policies. h. Approval of the Development Code Amendment would not be materially injurious or detrimental to adjacent properties. C. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. Section 17.114.020 ("Specific Plan Descriptions") of Chapter 17.114 ("Special Planning Area Map and Descriptions") of Article VI ("Special Planning Areas") of Title 17 Ordinance No. 958 - Page 3 of 10 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 Page 4 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to add a new Subsection D to read as follows: "D. Etiwanda Heights Neighborhood & Conservation Plan (EHNCP). The Etiwanda Heights Neighborhood & Conservation Plan was adopted by the city council in 2019. The plan area is located along the northeastern edge of the city at the base of the San Gabriel Mountains; west of State Route 15, north of State Route 210, and north of existing residential neighborhoods in the City. The plan area includes 4,393 acres. The plan represents a unique opportunity to permanently preserve unspoiled views of the San Gabriel foothills and mountains, permanently conserve rural open space and habitat resources, secure recreational access to the foothills, while providing unique new neighborhoods that reflect the city's heritage. This plan has been prepared to guide land use and shape new development within the plan area. The community -based vision is for large quantities of conserved rural and natural open space in the plan's 3,603-acre rural/conservation area, underwritten by and in balance with high quality neighborhood development in the 790-acre southerly neighborhood area already surrounded by existing neighborhoods. This area had long been under San Bernardino County's jurisdiction, and the City's interest is to implement this plan for the future of this portion of rural land, preserving much of the foothills for future generations. Please refer to the adopted Etiwanda Heights Neighborhood & Conservation Plan maintained by the planning department and city clerk for comprehensive details." 2. The title of Chapter 17.38 ("Overlay Zoning Districts") of Article II I ("Zoning Districts, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby renamed as "Overlay Zoning Districts and Other Special Planning Areas." 3. A new Section 17.38.070 entitled "Etiwanda Heights Neighborhood & Conservation Plan" is hereby added to Chapter 17.38 ("Overlay Zoning Districts and Other Special Planning Areas") of Article III ("Zoning Districts, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code to read as follows: "Section 17.38.070 Etiwanda Heights Neighborhood & Conservation Plan. The Etiwanda Heights Neighborhood & Specific Plan is broken into a Neighborhood Area and a Rural/Conservation Area with regulating zones and sub -zones governing development within each area. The allowed land uses and corresponding permit requirements within each regulating zone and sub -zone are identified in Table 17.38.070-1 ("Allowed Uses") below. Unless otherwise noted, definitions of each use are found in Chapter 17.32. If a word or phrase used in this section is not defined in Chapter 17.32 or the specific plan's glossary, the Planning Director shall make a determination on its meaning, giving deference to common usage. Notwithstanding any other provision of this code, in the event of any conflict between this section and the specific plan, the development code shall prevail. Table 17.38.070-1 Allowed Uses Ordinance No. 958 - Page 4 of 10 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 Page 5 Allowed Land Uses and Permit Requirements for the Etiwanda Heights Neighborhood & Conservation Plan Key P Permitted PU Permitted upstairs C Requires Conditional Use Permit (CUP) F Permitted on the ground floor of an Attached Flex Building Type (see Chapter 5.4.12) N Not permitted Neighborhood Area (NA) Rural/Conservation Area (RC: Regulating Zones/Sub-zones SR NG-2 NG-1 NE R-OS R-H JR-FC/UC R-t Residential Uses Adult Day Care Home N I P I P P N I P I N I N Caretaker Housing- N I C I C I C I P C T P N Dwelling, Multi-Family2 N N N N N N N j N Dwelling, Single-Family2 N P P P P P N3 N Dwelling, Single -Family Attached2 P P N N N N N N Emergency Shelter N N N N N N N N Family DayCare Home, Large N C C C N - T N N N Family Day Care Home, Small N P P P N N N N Guest House I N j N I P P T N N N N Group Residential N C I C C N C N N Home Occupations N P I P I P I P__j P N N Live -Work Facility P P N N N I N N L N Manufactured Home N I N I N N___j N N N N Mobile Home Park N N N N I N I N N L- N Residential Care Facility C C C N N I N N N Residential Care Home P P P I P INI P I _NJ N Single -Room Occupancy Facility N N N -- --- N N N N N Transitional Housing P I P I P I P I N I P I N 1 N Agricultural Uses I Animal Keying, Domestic Pets6 N I Up I N I P I N P___l I P I P C P C-F P C P I N N Animal Keeping, Exotic Animals6 N I N I C C I N C I N N Animal Keeping, Insects6 N N N r P P P P 1 N Animal Keeping, Livestock N N N P C C 1 C N Animal Keeping, Poultry6 N N N P C C) C N Equestrian Facility, Commercial N N N N N N N N Equestrian Facility, Hobby N N P P' P- P N N Ordinance No. 958 - Page 5 of 10 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 Page 6 Assembly Use C N N N C C N N Cemete /Mausoleum N N N N N N N N Community Center/Civic Use C N N N N N N N Community Garden P P P N N N N N Convention Center N N N N N N N N Golf Course/Clubhouse N N N N N N N N Indoor Amusement/ Entertainment Facility N N N N N N N N Indoor Fitness and Sports Facility - Large N N N N N N N N Indoor Fitness and Sports Facility - Small P N N N N N N N Library and Museum P N N N C N N N Outdoor Commercial Recreation N N N N N N N N Park and Public Plaza P N N N N N N N Public Safety Facility P N N N P P N N Resource -Related Recreation P P P P C C N N School, Academic (Private) C C C C N N N N School, Academic (Public) P P P P N N N N School, College/UniversityCollege/University N N N N N N N N School, College/University Public N N N N N N N N Schools, Specialized Education and Training/Studio P N N N N N N N Theaters and Auditoriums C N N N N N N N Tutoring Center - Large N N N N N N N N Tutoring Center - Small P F N N N N N N Utility, Trans orta+don, Public Facility, and Communication Broadcasting and Recording Studios N N N N N N N N Park and Ride Facility N N N N N N N N Parking Facility N N N N N N C N Transit Facility N N N N N N N N Utility Facility and Infrastructure - Fixed Based Structures N N N N N N C N Utility Facility and Infrastructure - Pipelines N N N N N N C N Wind Energy System —Small N N N N N N N N Retail Service, and Office Uses Adult Day Care Facility N N N N N N N N Adult -Oriented Business N N N N N N N N Alcoholic Beverage Sales C N N N N N N N Ordinance No. 958 - Page 6 of 10 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 Page 7 Ambulance Service N N N N N N N Animal Sales and Grooming P N N N N N N Art, Antique, Collectable Shop P F N N N N N N Artisan Shop P F N N N N N N Bail Bonds N N N N N N N N Banks and Financial Services P N N NI N N N N Bar/Nightclub N I N N I N I N I N I N I N Bed and Breakfast Inn C C N N N N N N Building Materials Store and Yard N N N N N N N N Business Support Services P N N N N N N N Call Center N N N N N I N__j N I N Card Room N N N N N N I N N Check Cashing Business N N N I N I N__j N IN N Child Day Care Facility/Center C N N N N N N N Commercial Cannabis Activity__N N N N N N N_ N Consignment Store -P- N N N N N N N Convenience Store N N N N N N N N Crematory Services N N N N N N N N Drive -In and Drive -Through Sales and Service N N N N N N N I Equipment Sales and Rental N N N N N N N N Feed and Tack Store N N N N N N N N Furniture, Furnishing, and Appliance Store P N N N N N N _ N Garden Center/Plant Nursery N N N N C N C N Grocery Store/Supermarket C8 N N N N I N I N T N Gun Sales N N N N N N N N Hookah Shop N N N N N N N N Home Improvement Supply Store J P9 I N I N I N I N I N I N I N Hotel and Motel N N N N N N N N Internet Cafe N N N N N N N j N Kennel, Commercial N N N N N N N N Liquor Store N N N N N N N 1- N Maintenance and Repair, Small Equipment P N N N N N N I N Massage Establishment I N N N N N N N N Massage Establishment, Ancillary N N N N N N N N Medical Services, Extended Care N N N N I N I Nj N I N Medical Services, General PU N N N N N N N Medical Services, Hospitals N N N N N N N N Ordinance No. 958 - Page 7 of 10 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 Page 8 Mobile Hot Food Truck P N N N N N N N Mortuary/Funeral Home N N N N N N N N Office, Business and Professional PU F N N N N N N Office, Accessory PU F N N N N N N Pawnshop N N N N N N N N Personal Services P F N N N N N N Restaurant, No Liquor Service P F/C N N N N N N Restaurant, Beer and Wine P F/C N N N N N N Restaurant, Full Liquor Service C N N N N N N N Retail, Accessory P F/C N N N N N N Retail, General P9 F/C N N N N N N Retail, Warehouse Club N N N N N N N N Secondhand Dealer N N N N N N N N Shooting Range N N N N N N N N Smoke Shop N N N N N N N N Specialty Food Store P F/C N N N N N N Tattoo Shop N N N N N N N N Thrift Store N N N N N N N N Veterinary Facility C N N N N N N N Automobile and Vehicle Uses Auto Vehicle Dismantling N N N N N N N N Auto and Vehicle Sales and Rental N N N N N N N N Auto and Vehicle Sales N N N N N N N N Auto and Vehicle Storage N N N N N N N N Auto Parts Sales N N N N N N N N Car Washing and Detailing N N N N N N N N Recreational Vehicle Storage N N N N N N N N Service Stations N N N N N N N N Vehicle Services, Major N N N N N N N N Vehicle Services, Minor N N N N N N N N Industrial, Manufacturing, and Processil g Uses Commercial Seconds /Accesso - Industrial N N N N N N N N Commercial (Repurposing) - Industrial N N N N N N N N Fuel Storage and Distribution N N N N N N N N Manufacturing, Custom N N N N N N N N Manufacturing, Heavy N N N N N N N N Manufacturing, Heavy -Minimum Impact N N N N N N N N Ordinance No. 958 - Page 8 of 10 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 Page 9 Manufacturing, Light Manufacturing, Medium Microbrewery Printing and Publishing , Recycling Facility, Collection Recycling Facility, Processing Recycling Facility, Scrap and Dismantling Facility Research and Development - Storage,_ Personal Storage Facility Storage Warehouse Storage Yard Wholesale, Storage, and Distribution - Heavy Wholesale, Storage, and Distribution - Light Wholesale, Storage, and Distribution - Medium N N N N N N N- N N N N N N N N N N_ N N N I N I N N N N N N N N N N N N N N N N N N N N N N N N j N N N N N N N N N N N N N N N N I N N- I N N N N N N I N N N -N N N N N N N N N N I N N I N I N I N I N I N I N [NTN N I N I N T N I N N __tN N N N I N -- N I N 1 N I N N N I N I N IN Table Notes 1 Aggregate resource extraction may be permitted, subject to the issuance of a Conditional Use Permit, within the RCA only in the Deer Creek Alluvial Fan and Day Creek Alluvial Fan (Sectors D-1 and D-16 as shown in Figure RC-2 in the Resource Conservation Element of the General Plan). 2 Use defined in the glossary of the specific plan (Appendix 3). 3 Any property that is located within the R-FC/UC sub -zone area and is privately owned on the date on which the specific plan becomes effective shall be allowed to construct 1 dwelling unit for each 10 acres of land, and any development rights can be transferred pursuant to the Transfer of Development Rights program described in Chapter 7.4 of the specific plan. 4 Family Day Care Home — Large requires approval of a Large Family Day Care Permit, not a Conditional Use Permit. 5 See additional regulations for home occupations in Section 17.92. 6 See additional regulations for animal keeping in Section 17.88. 7 1 equine is permitted per 10,000 square feet of lot area. See Chapter 5.4.2.J of the specific plan. 8 Limited to 30,000 square feet. 9 Limited to 5,000 square feet. 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. 5. Certification. The City Clerk shall certify to the adoption of this Ordinance. Ordinance No. 958 - Page 9 of 10 ORDINANCE NO. 958 EHNCP DEVELOPMENT CODE AMENDMENT DRC2019-00459 Page 10 PASSED, APPROVED, AND ADOPTED this 6th day of November, 2019. L. ennis Michael ayor ATTEST: � � tip � yr �.r��.�rvr����r► 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 2"d day of October 2019, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 61h day of November 2019. AYES: Hutchison, Kennedy, Michael, Scott and Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 7th day of November 2019, at Rancho Cucamonga, California. Ordinance No. 958 - Page 10 of 10