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HomeMy WebLinkAbout1008 - Ordinances • ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING DEVELOPMENT CODE CHAPTERS 17.38 AND 17.140 ESTABLISHING AN AGRICULTURAL OVERLAY, ADOPTING AN EXEMPTION TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. On December 15, 2021, the City Council adopted the "PlanRC" General Plan Update and certified the Environmental Impact Report (SCH#2021050261) establishing regulatory framework to guide future development throughout the City. 2. California law requires a Land Use Element(of the General Plan)to"designate the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land...".. 3. While California law requires that a General Plan include an element that addresses open space, the provisions of Government Code Section 65560 are mainly focused on preserving agricultural land. While agriculture was once the dominant land use in the City of Rancho Cucamonga, the historic agriculture businesses in the City are largely gone with only a few remaining historic agricultural businesses remaining in the City. The PlanRC General Plan, therefore, focuses on the preservation of remaining historic and cultural resources. 4. The remaining historic agricultural businesses in the City carry a significant historic and cultural value to the community, the City Council endeavors to establishing an Agricultural Overlay which allows the continuation of such historic and cultural uses which, by way of zoning practices in preceding decades, may have become nonconforming to current standards. 5. Development Code Section 17.122.030.0 permits the establishment of overlay zones,which, by definition, establish special land use and/or development standards for particular areas of the city. 6. The Amendment proposes to amend the Rancho Cucamonga Development Code pursuant to references in this Ordinance. 7. On July 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and concluded said hearing on that date. 8. On August 17, 2022, the City Council conducted a duly noticed public hearing on the Amendment, and all interested persons were given an opportunity to present oral and written evidence regarding the Amendment, and concluded said hearing on that date. 9. All legal prerequisites prior to the adoption of this Ordinance have occurred. Ordinance No. 1008 - Page 1 of 5 B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 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. Findings. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on August 17, 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The Amendment identified herein has been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act ("CEQA"). b. The Amendment is consistent with the direction, goals, policies, and implementation programs of the adopted General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. c. The City Council finds that the Amendment serves the important purpose of preserving and promoting agriculture uses which are important to the City's identity and cultural heritage. d. The findings set forth in this Ordinance reflect the independent judgement of the City Council. e. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, this project is exempt from environmental review pursuant to Section 15060 of the CEQA Guidelines. Based on this evidence and all the evidence in the record, the City Council concurs with the Planning Department staff's and Planning Commission's determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. 3. The City Council hereby amends Chapters 17.38 (Overlay Zones and Other Special Planning Areas)as follows and 17.140(Universal Definitions)shall be amended to include the following definitions: "17.38.050 Agricultural Overlay. A. Purpose. The Agricultural Overlay is intended to guide development within the overlays by providing standards that apply to proposed development in addition to the standards and regulations of the primary land use zoning district, where important community, site, environmental, safety, compatibility, or design issues require particular attention in project planning. B. Applicability. Only those properties which have historically housed agricultural production associated with the agricultural heritage of the City may be eligible for the Agricultural Overlay. Any proposal for new agricultural uses proposed on property which had not previously been utilized for agricultural purposes shall be reviewed pursuant to Development Code Section 17.32.030 (Agricultural uses permitted or permitted with a minor use permit). Ordinance No. 1008 - Page 2 of 5 • C. Allowed land uses. Any land use normally allowed in the primary land use zoning district may be allowed within the overlay, subject to additional requirements of the overlay. In addition, the following land uses may be permitted within the Agricultural Overlay: 1. Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. 2. Farm stands, agricultural product processing and educational experiences (i.e. cooking classes). 3. Tasting rooms and wineries. 4. Single dwellings only for the use of an owner or manager of land within the parcel(s) subject to the Overlay, or a person employed on the land but not exceeding three dwelling units for each parcel of not less than ten acres. D. Permit requirements, and public hearing and public notice required. An application for an Agricultural Overlay shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. Approval of the Agricultural Overlay shall be the responsibility of the City Council, upon recommendation of the Planning Commission and the process for review shall be the same as a zoning map amendment pursuant to Development Code Section 17.22.040. Public hearings and public notice shall be required in accordance with Development Code Section 17.14.050. E. Development Standards. Operations within the Agricultural Overlay shall not be injurious to the health, safety, or welfare of the public and surrounding neighborhood because of noise, odor, dust, smoke, vibration, danger to life and property, or other similar causes. The Agricultural Overlay shall be applied where it will serve to protect and enhance an area where surrounding uses may include sensitive receptors, such as a residential neighborhood or lower intensity commercial or non-residential uses. In order to ensure compatible uses and minimal impact to surrounding neighborhoods, the following standards shall be enforced: 1. Parking: A sufficient number of parking spaces shall be provided to accommodate onsite parking and minimize the need for off-site parking. 2. Noise: When adjacent to a residential land use, school, church or similar type of use, the noise generating activity does not take place between the hours of 8:00p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, and provided noise levels created do not exceed the noise standard of 65 dBA when measured at the adjacent property line. 3. Odor: Sources of odorous emissions, particulate matter, and air containment standards shall comply with the rules and regulations of the air pollution control district and the state Health and Safety Code. 4. Dust: Dust mitigation, as it may negatively impact surrounding land uses, shall be managed to the extent feasible. All parking areas shall be layered with dust- mitigating materials such as decomposed granite or gravel. All other unimproved areas not utilized for landscaping, recreational, parking, hardscape surfaces, buildings and agricultural purposes shall be improved with dust-mitigating ground cover, including but not limited to decomposed granite, gravel or similar material with the intent of meeting air quality best management practices. Ordinance No: 1008 - Page 3 of 5 5. Pesticides: The application of pesticides shall be conducted consistent with all common best management practices and legal requirements pursuant to local, state and federal law. Aerial application and any application method which results in pesticide drift of pesticides shall be restricted. 6. Standards for Farm Stands. a. Size: The floor area of the structure, portion of any structure and/or any outdoor display area shall be limited to a total of 500 square feet. b. Use: Retail sales of agricultural product produced onsite. c. Location and Setbacks: The driveway and access shall conform with current city standards for construction and site distance, except that material for the driveway and parking areas related to such structures may be comprised of decomposed granite or gravel. Farm stands shall be located a minimum of 50 feet from all property lines. F. Transfer of Development Rights. Upon approval of an Agricultural Overlay, subject property owners are eligible to participate in the Transfer of Development Rights (TDR) program, which is designed to help regulate and preserve legacy agricultural uses by incentivizing property owners within the Agricultural Overlay to sever the development rights and transfer them to potential builders on other property within the City. G. Williamson Act. Property owners of parcels larger than 10 acres may qualify to apply for a Williamson Act contract for the purposes of the preservation of agricultural lands in exchange for a reduction in property tax assessments pursuant to state law." Development Code Article IX Glossary, Chapter 17.140 UNIVERSAL DEFINTIIONS shall be amended to include the following definitions: "Farm Stands. Farm stands allowed under this section are defined as a structure or portion thereof, where products offered for sale are grown or produced on site. Food preparation is prohibited except for food sampling or tasting. Tasting Room.A business offering on-site and off-site wine sales which might include food service limited to hors d-oeuvres and prepackaged gourmet foods and other retail sales associated merchandise including gift baskets. Entertainment restricted to unamplified live music may be included as part of the use." 4. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be 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. 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within in the manner required by law. Ordinance No. 1008 - Page 4 of 5 • PASSED, APPROVED, AND ADOPTED this 21st day of September, 2022. • . ennis ichael, Mayor ATTEST: Gam• J ice C. Reynolds, Cle 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 August 2022, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 21st day of September 2022. AYES: Hutchison, Kennedy, Michael, Scott NOES: None ABSENT: None ABSTAINED: None Executed this 22nd day of September 2022, at Rancho Cucamonga, California. k_. e et tf rupidd nice C. Reynolds, Cler Ordinance No. 1008 -Page 5 of 5