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HomeMy WebLinkAbout988 - Ordinance ORDINANCE NO. 988 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO PERMIT UTILITY COMPANIES TO STORE MATERIALS AND EQUIPMENT ASSOCIATED WITH UTILITY FACILITIES AND INFRASTRUCTURE AND TO CORRECT ERRORS AND OMISSIONS IN THE ALLOWED LAND USE TABLE AND INDUSTRIAL DEVELOPMENT STANDARDS TABLE AND TO ADOPT AN UNCODIFIED AMENDMENT TO ORDINANCE NO. 982 TO EXEMPT CERTAIN BUILDINGS CURRENTLY UNDER CONSTRUCTION FROM THE AMENDED USE TABLE, MAKING FINDINGS IN SUPPORT THEREOF, AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITYACT I. Recitals. A. On July 21, 2021, the City Council adopted Ordinance No. 982 to amend the land use regulations applicable to industrial uses, including new regulations applicable to the storage of materials and equipment on industrial-zoned properties and amendments to the Development Code's land use table to require discretionary use permits for certain types of industrial uses. The primary purpose of Ordinance No. 982 was to prohibit or further regulate industrial uses that often pose significant air quality, traffic, and aesthetic impacts. Ordinance No. 982 took effect on August 20, 2021. B. Given the extensive and innovative new land use regulations included in Ordinance No. 982, the City Council understood that certain refinements would be necessary as the regulations were applied to certain types of industrial uses and properties in order to avoid unintended consequences. The purpose of this Ordinance is to provide clarity to public utilities and industrial developers with buildings that were under construction when Ordinance No. 982 took effect. In addition, two errors were discovered after the implementation of Ordinance No. 982: 1) A land use definition was added for "Food Processing/Manufacturing", however the use was not added to the land use table defining where this use is allowed and 2) an extraneous line was included in Table 17.36.040-1 with no reference to any specific development standard. C. On October 13, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Ordinance and, following the conclusion thereof, adopted Resolution No. 21-69, recommending that the City Council of the City of Rancho Cucamonga adopt this Ordinance. D. On November 3, 2021, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on this Ordinance and concluded said hearing on that date. E. All legal prerequisites prior to the adoption of this Ordinance have occurred. II. Findings. A. Based upon all available evidence presented to the City Council during the above- referenced public hearing, this City Council hereby finds and concludes that the changes Ordinance No. 988— Page 1 of 7 proposed to Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code by this Ordinance and the uncodified amendment to Ordinance No. 982 are consistent with the General Plan goals, policies, and implementation programs. General Plan Resource Conservation Policy Goals 4 through 6 encourage the City to work with public utility providers to promote adequate and efficient utility services within the City. Ensuring that public utilities, including Southern California Edison, have sufficient laydown areas to store equipment and materials, will ensure that the City does not unduly restrict such utility development within the City. In addition, providing a limited exemption from the use table amended by Ordinance No. 982 will be consistent with the General Plan's characterization of the City as business-friendly and committed to fairness in the development process. (General Plan, pg. 1-8). The proposed changes to the land use and development standards tables correct clerical errors further promote fairness in the development process by providing clarity in the development code for the standards and regulations for existing and new development. B. The Planning Department has determined that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The Ordinance qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects 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 Ordinance does not propose any physical change to the environment itself. Public utilities are generally exempt from the City's zoning and building regulations, such that the proposed amendment to the storage regulations applicable to public utilities will not cause a change to the baseline environmental and regulatory setting. Furthermore, any industrial warehouse building currently under construction as of the effective date of Ordinance No. 982 underwent environmental review at the time the building's discretionary entitlements were approved. Such environmental review would have considered the effects of warehouse uses within the industrial warehouse buildings. No changes to the baseline environmental setting is caused by confirming that warehouse uses are permitted in buildings that were currently under construction when Ordinance No. 982 took effect. In addition, updates to the land use table and development standards table to correct errors and omissions do not create any relaxation of the development standards that were implemented prior to when Ordinance No. 982 became effective or have been applied since the effective date of Ordinance No. 982. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department's determination that this Ordinance will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. III. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Subsection E ("Industrial Zoning Districts") of Section 17.48.050 ("Requirements by Land Use Type") of Chapter 17.48 (Fences, Walls, and Screening) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: E. Industrial zoning districts. 1. Storage area/screening. The purpose of storage area/screening regulations is to allow for on-site storage, which is screened from view from the public right-of-way or from adjacent properties accessible to the public and is architecturally compatible with the Ordinance No. 988—Page 2 of 7 surrounding environment. The following standards shall apply according to land use category: a. Standards for storage area/screen wall height in all industrial zoning districts. The height of all storage area/screening walls shall not exceed eight feet, measured from the finished grade immediately adjacent to the wall and the top of the wall. b. Industrial Park (IP) Zoning District. No outdoor storage shall be permitted except for fleet vehicles and light trucks (not exceeding 6,000 pounds). Outdoor storage tanks may be permitted at a height not to exceed eight feet from highest finished grade when screened from public view by walls constructed of concrete, masonry, or other similar materials. C. Neo-Industrial (NI) Zoning District. All materials, supplies, equipment, loading docks, and trucks and trailers shall be stored within an enclosed building or an area screened from public view. d. Industrial Employment (IE) Zoning District. All materials, supplies, equipment, and operating trucks shall be stored within an enclosed building or storage area. Such storage areas within 120 feet of a street frontage shall be screened. e. Within 600 feet of the 1-15 right-of-way, all outdoor storage shall be screened from public view from the freeway. Screening may include the use or combination of block or masonry walls, 36-inch box trees planted a maximum of 30 feet apart, or the building mass. f. Within all industrial land use categories, all storage area screening shall be architecturally integrated with surrounding buildings utilizing concrete, masonry, or other similar materials. For walls comprised of the combination of a screen wall on top of a retaining wall, the overall height of the combined wall may exceed eight feet provided that the part of the wall that faces the public right-of-way (street, sidewalk, etc.), does not exceed the maximum height established in section 17.48.050.E.1.a. g. Within the Industrial Employment (IE) Zoning District, storage area screening may include masonry or concrete walls and, metal, or wood fences. The front and exterior side area shall be screened with non-opaque fencing, when loading areas or storage areas are not present. h. Storage of materials or equipment shall not exceed screen height within 100 feet of street-fronting screens. i. The planning director may waive screening requirements where future building expansion would screen an abutting storage area. j. The planning director may waive screening requirements along the front and exterior side of the building if there are no loading docks or storage areas present. h. Notwithstanding the foregoing, a public utility company may store materials or equipment associated with the construction or operation of utility facilities and infrastructure on real property owned or controlled by the public utility company. SECTION 2. Notwithstanding anything to the contrary in Ordinance No. 982, Section 17.30.030 ("Allowed Land Uses and Permit Requirements"), including Table 17.30-030-1 ("Allowed Land Uses and Permit Requirements by Base Zoning District"), Section 17.32.020 Ordinance No. 988— Page 3 of 7 ("Allowed Use Descriptions"), and Article II ("Land Use and Development Procedures") of the Rancho Cucamonga Municipal Code (the "Use Provisions"), as amended by Ordinance No. 982, shall not apply to any industrial warehouse building that had received all required discretionary entitlements and building permits and was under construction as of Ordinance No. 982's effective date (an "Exempt Building"). Instead, the Use Provisions in effect on August 19, 2021, shall continue to apply to an Exempt Building unless and until the building is significantly altered or reconstructed, in which case the Exempt Building and the uses contained therein shall be subject to the provisions of Chapter 17.62 of the Rancho Cucamonga Municipal Code ("Nonconforming Uses and Structures"). The City Council finds that the only industrial warehouse building qualifying as an Exempt Building is located at 8738, 8768, 8798 E. 9th Street, which is currently owned by gth&Vineyard LLC. In the event that any other property owner claims to own an Exempt Building, then the Planning Director shall verify in writing that the building qualifies as such. SECTION 3. Table 17.30.030-1 ("Allowed Land Uses and Permit Requirements By Base Zoning District") of Section 17.30.030 ("Allowed Land Uses and Permit Requirements") of Chapter 17.30 ("Allowed Land Use By Base Zoning District") of Article III ("Zoning Districts, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to insert in the appropriate place a row for"Food Processing/Manufacturing," as defined allowed land use descriptions (section 17.32.020), to read as follows: TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land MU MU MU- Use/Zoning VL L L H MU 6P k - 6C RRC CO IP� rid IE OS HR FC UC I�Istric:# GU UCR UCT Industrial,Manufacturing, and Processing. s Food Processing/Manufacturing N N N �N� N �N� N N N N N N N N N N N M P P N N N N SECTION 4. Table 17.36.040-1 ("Development Standards for Industrial Zoning Districts") of Section 17.36.040 ("Development Standards for Industrial Zoning Districts") of Chapter 17.36 ("Development Standards By Base Zoning District") of Article III ("Zoning Districts, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: TABLE 17.36.040-1 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICTS Development Standard/Zoning IP NI IE District Lot area (minimum)(') 0.5 ac 0.5 ac 5 ac o)2 ac Lot width (minimum) (3) 100 ft 100 ft 100 ft Min. Setback(ft.) (1) Front yard (and Street Side Yard) See Table 17.36.040-2 Major Arterial and Special 45 ft 45 ft 45 ft Boulevard Ordinance No. 988—Page 4 of 7 Secondary 35 ft 35 ft 35 ft Local/Collector 25 ft 25 ft 25 ft Interior Side yard 5 ft(5) 5 ft(5) 5 ft(5) Rear yard 0 ft(5) 0 ft(5) 0 ft(5) Distance Between Buildings Primary buildings Must meet current building code requirements Accessory buildings Must meet current building code requirements Max. Building Height(ft.) Primary buildings(7) 35 feet at the front setback line cs� Accessory buildings - Detached 25 ft 25 ft 25 ft Accessory buildings — Attached __ 35 ft 35 ft Maker Space Floor Area Ratio (Ratio of building floor area to lot square footage) Floor area ratio 0.4-0.6 (8) 0.4-0.6 (9) 1 0.4-0.6 (9) Max. Building Footprint(sq. ft.) Primary Building (11) -- 200,000 450,000 Accessory Building - Detached -- 5,000 10,000 Accessory Building —Attached Maker 30,000 30,000 Space Min. Open Space (minimum percentage of open space per parcel or project) Open space/landscape area 15% 10% 10% (2)/5% Performance standards (see chapter A A C/B (2) 17.66) Table notes: Condominium lots. Condominium lots and lots within an approved master planned development are exempt from required minimum parcel size and dimension requirements. (2)The following applies within 1,000 feet of Arrow Route:minimum 2-acre lot area; 10%minimum landscape area;and the"B"level performance standards(chapter 17.66). (3) Setbacks shall be the minimum required under the city's currently adopted building code. (4) Setback shall be increased to 45 feet when abutting a residential property line or adjacent to Interstate 15. N See Table 17.36.040-2 for parcels abutting special boulevards as indicated in Figure 17.36.040-1 (Special Streetscape Requirements). (6) Buildings used for industrial uses that exceed 35 feet in height shall be set back an additional one foot from the front setback line for each one foot of building height up to a maximum setback of 70 feet.The portion of the building used for offices are not subject to this requirement. (7) Heights over 75 feet may be permitted with a conditional use permit. (8) For hotels and motels,the maximum floor area ratio is 1.0(100 percent). P) Parking structures in the Neo-Industrial (NI) and Industrial Employment (IE) Zoning Districts are exempt from floor area ratio requirements. (10)Conditional use permit approval by the city council is required for all industrial buildings larger than 75,000 square feet in gross floor area.See Section 17.20.060(Conditional use permit).A master plan is required for all industrial buildings larger than 450,000 square feet in gross floor area. Ordinance No. 988— Page 5 of 7 SECTION 5. 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 6. 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. 988— Page 6 of 7 PASSED, APPROVED, AND ADOPTED this 171h day of November, 2021. L. ennis Michael, Kt6yor ATTEST: Janic eynolds, Clerk 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 31 day of November 2021, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of November 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 18th day of November 2021, at Rancho Cucamonga, California. e . Reynolds, Clerk Ordinance No. 988— Page 7 of 7