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Home My WebLink About1009 - OrdinancesORDINANCE NO. 1009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT PERMITTING ELECTRIC VEHICLE SALES AS A BY -RIGHT USE IN THE MIXED EMPLOYMENT 2, CORRIDOR 1, CORRIDOR 2 AND CENTER 2 ZONES, AMENDING THE LAND USE DEFINITIONS FOR ELECTRIC VEHICLE SALES, AND MAKING FINDINGS PURSUANT TO CEQA A. Recitals. 1. On July 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Municipal Code Amendment and, following the conclusion thereof, adopted Planning Commission Resolution 22- 24, recommending that the City Council of the City of Rancho Cucamonga adopt the proposed Municipal Code Amendment. 2. On August 17, 2022, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: 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 Commission 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. SECTION 3: This project is deemed exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to amend the municipal code to (i) update the land use definitions for Electric Vehicle Showrooms; and (ii) permit by right Electric Vehicle Showroom and Outdoor Sales will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. The amendment only revises the land use regulation that applies to where electric vehicle showrooms are allowed by right in existing developed spaces. It does not permit nor allow the construction of any new locations. Applications for electric vehicle showrooms on vacant or underutilized land where construction is necessary will be reviewed for CEQA compliance under a separate Design Review application. The applicant may be required to submit environmental studies that analyzes the impact(s) (if Ordinance No. 1009 - Page 1 of 5 any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site -specific project. On a case -by -case review of each project, the appropriate environmental document will be prepared to address project -specific impacts. Therefore, this project will not have a significant effect on the environment. SECTION 4: The City Council hereby amends Table 17.136.020-1 (Allowed Uses in Form Based Zones) of Chapter 17.136 (Land Use Standards) of Article Vill (Form Based Code) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code for EV Showroom and Outdoor Sales, attached to this Ordinance and incorporated herein by reference as Attachment A. SECTION 4: The City Council hereby amends the land use definitions for "Electric Vehicle Sales with Indoor Showroom" and "Electric Vehicle Sales with Outdoor Showroom" in Section 17.32.020.F (Allowed Use Descriptions) of Chapter 17.32 (Allowed Use Descriptions) of Article III (Zones, Allowed Uses and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code, attached to this Ordinance and incorporated herein by reference as Attachment B. SECTION 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. SECTION 4: The Council hereby directs the City Clerk to make all necessary, non - substantive conforming revisions to the Municipal Code necessary to codify this Ordinance, including but not limited to clerical corrections to section numbers, table and figure references and cross references. SECTION 4: Publication. 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. 1009 - Page 2 of 5 PASSED, APPROVED, AND ADOPTED this 2111 day of September, 2022. ATTEST: �� FrInice C. Reynolds,&erk 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 21s' day of September 2022. AYES: Hutchison, Kennedy, Michael, Scott NOES: None ABSENT: None ABSTAINED: None Executed this 22"d day of September 2022, at Rancho Cucamonga, California. Hill! r?ice C. Reynofds,-' Ordinance No. 1009 - Page 3 of 5 Attachment A Modifications to Table 17.136.020-1 Land Use NE-2 NGR NG3 CEI Form -Rased Zone MEI ME2 C01 CO2 CE211- CE2 Nlaintenance and Repair, Small Equipment N N N N N I P P P N 1 N Massage Establishmenz" N P P P P P P I P P P Massage Estabhshment, Ancillary 7 N P P P P P P P P P Medical Services, Extended C&-e N N N N P :2�p m, M M INViedical Services, General N P P P P P I P P P P Medical Services, Hosp3rals N N N r m, FIA, C C Mop uary/Funeral Home N i N PA N M FAI N Office, Business and Professional N P P P P P i IP P P P Office, Accessory N P P P P P P P P P Pawnshop N N N N N N W, M N N Personal Se -vices INA i P p P P P P j P p P Ta -noo, Shop' N N N N N N tA fvi tj M Veterinary Fadliclv N P P M M M P m M M Alcoholic SeverageSaies N C M M M IV, rvi M M Iv, Bar/Nightclub N I C m M M I rA I 7 V, I ro, C M l Consignment Store NJ M FVII M M t s t� M M 1, Convenience Store N P P P P P P P N P Sale-, and Service, N C C N N N C�� 0 N N EV Showroom and Incincor Sales N C P M M i P P P EV Showroom and Outdoor Sales N E N N C C cz Fj cz PI `= Pi C P Feed and Tack, Store N N P N N N N N N N Garden Center/Pianz Nursery N C P P P P P P C P Grocery StorelSupermarke- rVi P P P P P p P P P Hioo} ah Shop N N N N N N rV, r M j m, Honne ImproVerneen, Sjppl,,Store N C P p, P P P P P P Liquor Sore N M j M. M M M 1; N11, M C M 1116 Mobile Food Vehides N P P P P I P I P P P E P Ordinance No. 1009 - Page 4 of 5 Attachment B Revised Land Use Definitions, Section 17.32.020.E (revised text in red) Electric vehicle showroom with indoor sales. A use where the primary function of the space is to display and showcase electric vehicles only, and act as point of sale or rental of vehicles, parts, or accessories which are stored off site. Use may include storage of vehicles entirely inside the building. Minor auto repair to prepare cars for delivery to customers is permitted within an enclosed building. Electric vehicle showroom with outdoor sales. A use where the primary function of the space is to display and showcase electric vehicles only, and act as a point of sale or rental of vehicles, parts, or accessories which are stored on site. Use may include storage of vehicles either inside or outside the building. Minor auto repair to prepare cars for delivery to customers is permitted within an enclosed building. Ordinance No. 1009 - Page 5 of 5