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