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DEVELOPMENT CODE PUBLIC HEARING
SEPTEMBER 6, 1983
6:30 P.M.
LIONS PAW COMMUNITY CENTER
9161 BASE LINE ROAD
RANCHO CUCAMONGA, CALTFORNIA
I. CALL TO ORDER
I1. ROLL CALL
ommissioner Barker
Commissioner Juarez
Commissioner McNiel
Cc missioner Rempel
Commissioner Stout
91L-01Q-.
J
II. MEETING OBJECTIVE:
Comp ete a detai ed review of Chapters 4, 7, 8, and 9 to reach a
consensus on any changes to the proposed draft.
III. PUBLIC HEARING AND DETAILED REVIEW OF CHAPTERS
A. Chapter 4 - Residential Districts
B. Chapter 7 - Specific Plans and Planned Communities
C. Chapter 8 - Open Space Districts
D. Chapter 9 - Hillside Residential District
V. ADJOURNME11T
The Planning Commission has adopted Administrative Regulations that set
an 11 p.m. adjournment time. If items go beyond that time, they shall be
heard only with the consent of the Commission.
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DATE:
TO:
FROM:
BY:
CI'rf OF RANCHO CL'CAMO' GA
STAFF REPORT
September 6, 1983
Chairman and Members of the Planning Commission
Rick Gomez, City Planner
Michael Vairin, Senior Planner; and, Dan Coleman,
.Associate Planner
SUBJECT: STAFF REPORT CFO. 2 - DRAFT DEVELOPMENT CODE
I. MEETINl; OBJECTIVE
Tonight's public hearing is a continuation of the series of
workshops which began on August 16 for consideration of the draft
Development Code. Being the second workshop, the objective for
this meeting will be to provide any further comments from the
previous meeting on Chapters 1, 2, and 3, and to review in detail
the residential review process and the chapters dealing with
residential development, Chapters 4, 7, 8 and 9.
Enclosed with this staff report you will find revised Chapters 1, 2
and 3. It is not intended that we will go through those chapters
again; however, as our workshops continue, any further comments r''
questions on the revised portions of the text (as they are
completed) shoed be directed to the staff for any further
revisions. Attached to this report are some revised pages for your
review on the matters we will be discussing tonight within Chapters
4, 7, 8, and 9.
II. DETAILED REVIEW OF C%jAeTER 4 - RESIDENTIAL DISTRICTS: This chapter
combines a o t e res�dent:a istrict regu ations, except
parking and signs, into a single, comprehensive chapter for easy
reference. The chapter contains the use regulations, development
standards, special development criteria, performance standards,
design guidelines, and absolute policies for residential
development. it is intended to be used in conjunction with other
chapters of the Development Code, to maintain the character of
existing residential neighborhoods, and to insure that future
growth is of the proper type, design, location, served by a proper
range of public services and facilities, and exhibits a high design
quality.
STAFF REPORT N0. 2 - Draft Development Code
PAGE 2
�I
Section 4.1 - General Puruoses and General Plan Consistera:y; and
Section - Deve opment Districts: These sections set forth the
purpose and intent of the C apter and its consistency with the
General Plan. Additionally, it describes each of the residential
development districts. The residential districts follow the sane
categories used in the General Plan (e.g. Very Low, Low,
Low - Medium, etc.).
Section 4.3 - Use RLeplations: A use matrix, Table 4.3, lists the
permitted and con itiona�ly permitted uses within each residential
district. The proposed use regulations are based upon five years
of administration of the existing regulations. The primary
difference is that uses have been more clearly defined within each
district.
This section also includes special use regulations for agricultural
uses, the keeping of animais, home occupations, mobile homes,
recreational vehicle storage yards, second units, and historical
structures. Traditionally, agricultural uses are permitted prior
to residential development on larger lots. The proposed
regulations would preserve the uJicultural potential of lots with
2.5 acres or more, in keeping with the rural character of Rancho
Cucamonga. The proposed animal regulations contained in Table 4.3
expand upon our current regulations by further defining the type
and number of animals permitted within each residential district.
The attached memo presents several options for the keeping of birds
on residential lots.
The recreational vehicle st'race ;'ard provisions were requested by
the Planning Commission as result of code enforcement activity.
The proposed regulations would permit the parking and storage of
recreational vehicles subject to granting of a Conditional Use
Permit and adequate screening; dismanteling or ;wrecking activities
would be prohibited. Staff would recommend requiring a minimum 2
acre site unless part of a master planned development.
Also contained in the special use regulations are the requirements
for home occupations, mobile homes, and second dwelling units as
previously adopted. New regulations are proposed to allow certain
uses within recognized historical structures. This section will
implement the General Plan policies which encourage preservation of
landmarks and historical structures. uses would be permitted
subject to a Conditional Use Permit and full improvement of the
property.
Section 4.4 - Site Development� Criteria: This section contains the
minimum stan ar s for resiaentiTvelopment to be used in
conjunction with the design guidelines and absolute policies. The
development standards are divided into two categories: (1) basic
development standards; and (2) optional development standards.
STAFF REPORT NO. 2 - DRAFT DEVELOPMENT CODE
PAGE 3
Development at the lower end of the designated density range would
occur under the basic or optional development standards, however
development at the higher end of the designated density range
requires development under the optional standards. The intent of
the basic standards is to provide regulations that will provide
projects of good design quality. The optional standards are
intended to provide flexibility and incentive_ to encourage high
desian quality and transitions from lower intensity uses. The alwed in any resi
determineddthrough the residential /growth management review process
and public hearings.
These basic and optional development standards reflect the policies
developed by the Planning Commission and City Council over the past
five years. The standards contained in Ta►sies 4.4 -B and Q
combine all development standards into a simple format for easy
reference. This first draft of development standards was
intentionally written "high° for testing purposes. An oral
presentation of testing conducted by staff and the BIh will be
presented at the workshop. The basic intent of having two sets of
standards is to limit density under the basic standards and
® increase setbakcs, landscaping and open space development for
projects designed at higher densities. The increased development
standards are intended to off -set the increased density and to make
the project more compatible with surrounding environment.
New sections have been added primariiy under the Optional
Development Standards for front yard landscaping, recreation
areas /facilities, and energy conservation. These sections are
based upon General Plan policies and past Commission and Council
policy regarding residential development proposals. Also proposed
is a new section establishing regulations for mobile home parks
(see attached). This section is in response to Sit 484 which
requires that mobile home parks be allowed in all residential
districts, and deletes the City's authority to set standards for
lot, yard, parking area and landscaping.
Section 4.5 - Special Development Criteria: This section sets
ort th4 minimum standards for accessory structures and additions,
equestrian trails, fences, swimning pools and recreational courts,
and special exceptions regarding yards and height limits. In
addition, a new section has been added regarding the protection of
solar access rights to encourage energy conservation.
Section 4.6 - General Provisions: This section contains general
relations applicable to all residential districts such as signs,
parking, property maintenance, and vehicle and equipment repair and
storage. The regulations dealing with property maintenance and
vehicle repair and storage are intended to deal with areas of code
enforcement not adequately addressed in the previous Zoning
Ordinance and �tjnicipal Code.
STAFF REPORT AO. 2 - DRAFT DEVELOPMENT CODE
PAGE 4
H1.
Section. 4.7 - Performance Standards: This is a new section
containing performance stars ar s intended to protect properties in
all residential districts and the health and safety of persons from
environmental nuisances and hazards. The performance standards
include such items as noise, vibration, glare, electrical
disturbances, etc.
Section 4.8 - Design Guidelines: This section sets forth general
design guidelines to assist developers in Understanding and
complying with the City's standards for building and site design.
These guidelines are based upon conQnunity design goals expressed in
the General Plan and encourages the orderly and compatible
appearance of structures and property along with associated
facilities such as signs, landscaping, parking areas, and
streets. Following adoption of the Development Code, staff will
prepare more detailed design guidelines in handout form available
to developers contemplating construction within Rancho Cucamonga.
Section 4.9 - Absolute Policies: This is a new section which was
distributed earlier. This section establishes policies which are
absolute requirements for each residential project to satisfy
before approval can be granted. The absolute policies are intended
to address the most critical issues associated with residential
development such as assuring neighborhood compatibility, compliance
with adopted plans, adequacy of public facilities and services and
protection of the environment and public health. These policies
are intended to be used in conjunction with the development
standards and design guidelines as a part of the residential /growth
management review process. The absolute policies have been taken
directly out of the Growth Management Ordinance and the General
Plan. These policies essentially are to replace the point rating
system under the current growth management system.
7 - SPECIFIC PLANS AND f
Section 7.1 - Pur ose and Application: The purpose of the Specific
Plan and Planned Communities district is to further implement the
goals and objectives of the General Plan in a more detailed
fashion. The Commission has seen the importance and ability to
plan at a much greater detailed level with the adoption of the
Planned Communities and Specific Plans. This chapter is also
intended to discuss the relationship of those approved specific
plans and planned communities and how they relate to the overall
Development Code regulations and guidelines.
El
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STAFF REPORT NO. 2 - DRAFT DEVELOPMENT CODE
PAGE 5
Section 7.1
section is
adopted by
years ago.
Development
specific p"
City.
Planned Cor¢nunities /Specific Plan District: This
t`.c u,rrent planned community ordinance which was
the City Council and Planning Commission a :ouple of
It is essentially put into the format of the
Code and included in the event that any further
ans or planned communities may be developed within the
Section 7.3 - Ado ted S ecific Plans: This sections describes both
the Etiwanda a,d Industria Specific Plans and their locations.
Section 7.4 - Adtvted Planned Communities: This section describes
both the Terra Vista wid Victoria Panned Communities, their
location, and where a copy of the planned community text may be
obtained. The specific plans, as well as the planned communities,
will each be designated on the district map with the appropriate
district designation; identifying them as specific plans and
planned communities.
IV. DETAILED REVIEW OF CRAPTER 8 - OPEN SPACE DISTRICTS
Section R.1 - Pur ose and General Plan Consistency: This section
generally hates tt.at it is the purpose of she Open Space Districts
to provide pt= t =ction to environmentally sensitive areas and to
preserve and promote use of open spaces and natural features, as
well as protection to the general public to ensure public health
and safety.
Section 8.2 - Districts: This section describes the three Open
Space Distri --ts w 3c are: (1) Open Space District - which is
intended to protect environmentally sensitive lands which includes
development standards and criteria to provide a very low intensity
development and encoura a the use of open Space areas for
recreational activities and preservation of natural resources; (2)
Flcod Control - which is necessary f -ir the protection of public
health a °7d safety with regard to flood control facilities; (3)
Utility Corridor - which is a district intended to regulate the
utility corridors, which are essentially the overhead power line
areas and for other land uses within those utility corridors that
would be compactible and functional with existing and surrounding
land us-:s.
Section 8.3 - Use Regulations: This section includes Table 8.3
which shows the uses which are permitted or conditionally permitted
within each of the three districts. One change which we would
recommend wou "d be with regard to the number of single family
dwellings permitted within the Open Space District. The draft Code
was written t) allow one (1) unit per net buildable forty (4U)
acres. However, this borders on the ge o. taking someone's
property without just compensation, which has been deemed by the
STAFF REPORT NO. 2 - DRAFT DEVELOPMENT CODE
PAGE 6
courts as inverse conCmnation. Therefore, our City Attorney has
recommended that a more reasonable and achievable standard be
uses. In conjunction with what the Cownission hay decided with
regard to the County Foothill Community Plan, we recoamnend that
this figure be set at ere (1) dwalling unit per fcrty (40) acres
and exclude the net buildeble term from the proposed standard.
Section 3.4 - Site Develepnent Regulations: -ihis section contains
the basic deveioament criteria for uses and properties within each
of these districts. As a result of the modifica.tioP for the number
of un,ts within the Open Space District, staff would recommend
deleting Table 8.4 -A and substituting some language which would
essentially state that sizes, configurations_ and setbacks of lots
and developments within these districts would be determined through
the subdivision and development review process in conjunction with
the configuration and topography of the site. In addition, this
section discusses certain criteria within each district which a
site mast conform with. Nro:.t of this criteria is from the
objectives of the General Plan Open Space Element.
V. DETAILED REVIEW OF MAPTER 9 - HILLSIDE RESIDENTIAL DISTRICT
Section 9.1 - Purpose and General Plan Consistency: The Hillside
Residential District,— as designMeeG on the General Plan, was
-i ^tended to allow minimal residential development based upon
environmental constraints of those areas. The General Plan
contains development objectives for those areas based upon
environmental constraints regarding soils /grading, public safety,
water- animal and plant life, anG environmental design. This
section of the Code describes those objectives which set forth the
basic purpose and intent of this district.
Section 9.2 - Use Re ulations: 11is section states that the
H� si a esi entIa 1stricts will permit single family
residential dwellings on either separate lots or in clusters in
buildable areas along with accessory structures only. The General
Plan states that uses other than residential dwellings are deemed
to be too intensive for these areas. Additionally, the General
Plan states that. V_ maxilaum dwelling unit density raay not exceed
two (2) units per net buildable acre.
Implementation o'` development in the Hillside District will require
the development of environmental studies and investigations in
order to determine the buildable area of the site and to exhibit
that the development and site can meet the performance development
criteria of the Hillside Residential District. Any development in
this area would be required under these regulations to develop a
precise development plan shuwing lot layouts, access, street
designs, etc., in conjunction with a development or subdivision of
props uy withir. the Hillside Residential District.
STAFF REPORT NO. 2 - DRAFT DEVELOPMENT CODE
Aph PACE 7
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Section 9.3 - Site Development Re ulations: Because of the
uniqueness of in ivi ual properties an 'areas the Hillside
District, setbacks and other similar development regulations are
not put forth in order that the precise development plan and
environmental studies may be conducted to determine the best
development of each site. However, buildable area is defined as a
contiguous area of a lot which is less that 10% in natural slope,
or if through the environmental studies it can be
shown that the area is buildable.
Section 9.4 - Develoxnent Perfc.-nance Standards: This is the
critica r section or t is c aster as i sets forth minimum
performance standards that any development within the Hillside
Residential District must comply with. In addition, anyone
building in this area would have to supply all the necessary
information in order to determine compliance with these
standards. These standards cover soils /grading, pitlic safety
(fire safety, seismicity, and circulation.) water, animal and plant
life, and design. These performance standards were arrived at
through the use of he General Plan goals, policies, and objectives
with regard to the development of the hillside district.
VI. CONCLUSION: These chapters essentially deal with potential
residential development and processing in all areas of the City and
would be regulated in accordance with the provisions outlined
within each of the districts and chapters. All residential
developments will be processed in a like manner through the growth
;,,a-+pgement review process_ Staff will continue working with the
development standards, outlined in Chapter 4, to insure that these
standards will meet the objectives and policies of the City for
rasidential development as well as providing regulations which are
reasonable and achievable. Based upon Commission and public input
at tonight's meeting, staff will make appropriate revisions to
these chapters and forward them to the Commission as soon as they
are completed.
Respectfully submitted,
1� A Air W/
Michel Vairi7
Senior Planner
'r�v:DC:jr
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NEW SECTION TO BE ADDED
Section 4.4
1. Mobile Home Parks: This section sets :'orth requirements for mobile home
park development. Except as provided herein above, all other development
standards contained in this section shall apply.
1. There shall be no minimxn side area for a mobile home park.
2. There shall be no minimum area, width, or depth requirement for
individual lots or spaces.
3. There shall be no minimum yard requirement for individual lots or
spaces.
4. There ....;t11 be no minimum size for individual mobile home units.
S. The minimunn street yard setback on public streets shall be in
conformance with Table 4.4-D, Streetscape Setbacks..
6. Existing mobile home parks and pre- existing mobile home parks shall
not be deemed nonconforming by reason of failure to meet the minimum
requirements prescribed in this section, provided that the
regulations of this section shall apply to the enlargement or
expansion of a mobile home park.
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CITY OF RANCHO CUCAMONCA
MEMORANDUM
DATE: September 6, 1883
TO: Members of the Planning Connissio s
FROM: Michael Vairin, Senior Planner
By. Dan Coleman, Associate Planneer
SUBJECT: CODE ANiMAL REGULATIONS - BIRDS
BACKGROU:7: The attached letter from Mr. Harp expresses concern with
Wanima regulations proposed in Chapter 4, Section 4.3, as they
ef
relate to the keeping of birds. Mr. Harp has a back yard aviary on a
half -acre lot in Alta Loma which has been the subject of complaints and
code enforcement action. Mr. Harp would propose to regulate the keeping
of birds using the noise level performance standards contained in Table
4.7 -9. The Development Code, as cirrently written, would permit
aviaries (up to 50 birds per acre) as a permitted agricultural use prior
to residential development on lots of 2.5 acres or more. After
residential development, 5 birds per each 5,000 sq. ft. of lot area, up
to a maximum of 25 birds, could be kept on all residential lots.
ANALYSE-: Compatibility with surrounding residential uses is the major
issue; with the primary concerns beilig noise, odors, and flies. The
issue is not the number of birds because of the Hide variety of sizes
and habits of many bird species. Listed below are several options for
the Planning Commission to consider in regulating the keeping of birds.
OPTION 1 - NOISE PERFORVANCE STAWiIRDS: Rather than limit the number of
irds that may a ept, Mr eeoers would be required to comply with
the maximum allowable noise levels as contained in Table 4.7 -D for
residential districts. Administration and code enforcement of this type
of regulation would be impractical for the following reasons. For
example, a potential bird keeper kf,�ald be told by staff that he could
keep an unlimited number of birds provided that he complied with the 60
Dba maximu. allcwable noise level during the daytime hours. The general
public would not have access to noise level measurement devices. This
could lead to violations and complaints, yet the City would have no
method of determining how to reduce the number of birds to comply with
the performance standards.
OPTION 2 - INCREASE THE NUMBER OF PERMITTED BIRDS: The Development,
Code, as written, wou permit a maximum of wen y- ive birds on a lot
in the residential district. The keeping of a large number of birds in
an aviary is traditionally considered an agriculture use and not an
accessory use to the residence. Again, the issue is not the number of
Code Animal Regulations /Birds
September 6, 1983
Page 2
birds, rather, it is a question of noise, odors and flies. Eased upon
pas*_ code enforcement, allowing additional hirds would result in complaints
by surrounding residents.
OPTION 3 - CONDITIONAL USE PERMIT: The Conditional Use Permit procedure
provides for pub is input regar ing the compatibility of an avairy in
the residential neighborhood and allows mitigation mean-ures to be
imposed upon the keeping of birds (eg - noise attenuation, screening,
etc.) Further, a maximum number of birds can oe established ry a
district or through the Conditional Use Pe -nit process on a case -by -case
basis.
OPTION 4 - Status Quo: Allow aviaries only prig to residential
deve opment an a maximum of twenty -five birds thereafter. This would
be consistent with existing Interim ordinance regulations.
RECOMMENDATION: Based upon analysis of these options, complaint
records, and information presented by Mr. Harp, staff would recommend
allowing aviaries limited to 50 birds per acre subject to the approval
of a Conditional Use Permit an lots of 2.5 acres or more in all
residential districts. The number of bird,, permitted on all other lots
would be written in Table 4.7 D.
MV:DC:jr
Attachment: Letter from Mr. Harp
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AN Ugr;"A
d :Stl >i1lY DEVF1 OPF4ENT DEPT.
BUG ! .5 1963
AM PV_
70 i9 jo,11til2;1t2t3,415ta
Planning Division
City of Rancho Cucamonga, Ca
P. O. Boa 807
City :f Rancho Cucamonga, Ca 91730
Dear sirs:
August 101, 198?
In studying the proposed revision of tt -; :..13 code I
find the section for birch is very limited in tr.-� - .er -which can
be kept in a backyard aviary. Only 50 birds on �. - ..tire acre or
five birds to the 5000 foot lot is absurd. I coup. keep 5 finches
In a two foot scuare rags.
Perhaps a few `'acts and some information would assist in
setting up a more equitable zoning requirement.
I have been working with animals for over 50 years. I
grew up on a farm where we-had many of the large animals. Since
1946 I have been working kith improvement and breeding of birds as
a hobby, using genetics- and selected breeding methods. I have
been president of the Bird Association of California, a member of
The Avicultural Society and the California Game Breeders.
I worked for the Los Angeles County Fair for 15 years
coordinating and producing the foreign bird show.
Birds have one of the greatest variat_ons of size and sounds
found in any group of animals. The smallest is about two inches
tall with the largest over seven foot tall.
There are 27 orders (birds sharing certain internal
characteristics). The sub groups consist of 155 different families
of 855+ species (birds which look alike and interbreed).
Some of the larger birds, such as the big seven foot tall
ostriches, the beautiful colorful flamingoes and the graceful muted
swans' sounds cannot be heard over a few feet away.
Among other larger birds, individual varities of geese,
macaws, parrots and peafowl can be heard a mile away under some
conditions. The trumpeter swan can be heard up to two miles and
theSouth American screamer can reportedly be heard three miles.
Many of the hummingbirds, finches, parrotlets, pi6ns, doves,
and a great many other small birds songs cannot be heard beyond 25
feet lmder the best of conditicns.
2
Some conur es, lovebirds and guinea hens, which are smaller
birds can be heard a block away.
Pearing in mind the great many vanities of size and the
so,znds blydL make, the total number of birds allowed to be kept is
not the answer to the proper co-.trol of them in the city.
A great many varities of the quieter birds which many
people have interests in can be kept without attracting any notice
of the nearby people, except by the bright flashing colors as they fly
about. An example of this is the canary, diamond saarrows, straw-
berries, and star finches to name a few of the tiny finch group.
But, only one of the louder birds could. be a big rusiance.
An example is the peacock_ with his big beautiful tail feathers
and h`_s very loud call.
Many of the birds raised and studies in captivity are virtually
extinct or on the endangered list in their own_ native countries.
A ,good example of this is the recent controlled production
of the California Condor, by the San Diego Zoo personnel. This
has been the result from many years of detailed patient study by
aviaculturists o1' the birds and the habits of simillar birds. Many
of the aviaculturists, keeping a few birds, have mastered the breeding
of some of the very rare birds and can now continue the lines of the
birds. Much of this activity has been done In the small 'backyard
aviary'.
Even with the varied interests in the birds, many of them
are kept only for their beautiful colors and melodious songs.
If extreme linjited zoning conditions continue, very soor_
we will not be able to have any aviaries of birds because there
wont be any place to raise them.
Doubtlessly you know importation of birds 1s next to
impossible for the average fancier. Almost all small birds raised
In the United States are raised in the backyard aviaries. Because
of the many difficulties involved it has not been practical to
establish large commercial breeding establishments.
The smaller residential lots are much more limited then the
larger half acre lots, which many of us reside or.. Consideration
should be given to utilize these half acre lots and increase the
desirability of owning them. This is very important in the present
denressed real estece market here.
The most practical use,for the average person, of the
'large backyards' of the half acre lots is the keeping of animals.
This was pointed out as a selling point when the houses were offered
for sale by the developers.
19
3
Suitable plantings placed around any animal enclosure can
ald to the surburban atmosphere, which includes animals. a `large
Aft a-v l'�wo horses,�
to maintain t whichVistallowed atathe present corral Ofssary.
courss, there would not be the potential smells and disposal problems
of the large ailantities of manure droppings because small birds have
mars limited droppings.
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Hy aviary, as well as many others are registered with the
California state health departmennt, and others are registered with
the state fish and game oomnission of California. All of us are
Itseother f rictionsf ishresponsible for ttief healthuand regulationoof
the bird fancy.
I beleive you should understand now, the number of birds
allowed to be kept in an aviary -is not tha answer to the fair control
of them.
I was told by a member of the p7ynning department that
sound readings were to be used in relation, to some situations.
I beleive the record:: •:)f sound reading-A sati birds so gs at
the near-at dwelling is the .gay to handle it. _
estedtin level readings reall7 what
opinions, likesand dislikes.
It is a great challenge to studs some birds habits and c--)nd-
iti ^Zs and have them lay eggs and raise young. The satisfaction. of
earni±g a 'first breeding' medal is beyond der^rsption.
If I can be of further help, please contact me. I do plan
to be at the workshops.
Gentlemen, PLEASE, recognize and give the birds more
consideration in the new zoning codes. t
Than- ycn for your cor_eideration,
✓ !I
Lyn-i on Harp
9110 Carrara Ct
Alta LGma, Ca 91701
98o o424
ADMIIrRATiON
Cllbc l�/16sS� II iiN
Section 1.1
A. Title. This title is known as the Develo pment Code of the City of Rancho
Cucamonga.
B. Adoption. This title is adopted pursuant to the authority granted to the City of
Rancho Cucamonga by Section 65800 et. seq. of the Government Code of the
State of California.
C. Purpose /Intent. 'These standards and guidelines for the City of Rancho
Cucamonga are hereby established avid adopted to protect and promote the public
health, safety, morals, comfort, convenience, welfare; and more particularly:
i. To implement the goals and objectives of the General Plan and to guide and
manage the futura growth of the City in a^_cordance with such plan;
9. To protect the physical, social, and economic stability of residential,
comme_*cial, industrial, and other land uses withizzi the City to assure its
orderly and beneficial development;
3. To reduce hazards to the public resulting from the inappropriate location,
use, or design of buildings, and other improvements;
® 4. To attain the physical, social, and economic advantages resulting from
comprehensive an orderly land use and resource pl niAg-
D. Consistencv with the Land Use Element of he General P'.a;i• Ao use of land or
buildings or which an application LS regwred Pursuant to this title is to be
approved for processing under this title unless it is consisiert with the Land Usn
Element of the General Plan. in any case where there is a conflict in regula
between this title and the Land Use Element, the Land Use Element prevails.. A
proposed u� is consistent with the Land Use Element when all of the following
conditions exist:
i 1. The proposed usv is allowed as a primary or secondary use in the Land Use
Element designation in which the use is located, as shown by the Land Use
Element map and as described in the text of the City's General Plan.
programs
and standards of the
r. 2. The proposed use is in conformanc° with the
Land Use Element.
3. The proposed use is to be established and maintained in a manner which is
op
consistent with the Land Use Element and all applicable standards contained
therein.
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Section L2 Development Districts
In order to classify and regulate the use of the land, buildings and structures, and to
establish initir:um site de.elofinen# rwgulations and performance standards applicable to
sites in the City, the City hereby is divided into the following districts:
1. Boundaries of the Development Districts hereby established by this
ordinance shall be shown on the Development District Map of the City of
Rancho Cucamonga, California. The Development District Map, together
with all legends, symbols, notations, references, District boundares and
other information thereon, shall be a part of this ordinance and is adopted
concurrently herewith.
2. The Development District Map and a reccrd of all prior amendments thereto
shall be kept on file with the City Clerk, and shall constitute the original
record. A copy of the currently effective District Map shall also be kept on
Me with the Community Development Department. Changes in the
boundaries of any district shall be made by ordinance pursuant to Chapter 1,
and shall be reflected on the Development District Map.
E
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Map
District Title
Designation
Residential Districts
Very Low (1 -2 du/ac)
VL
Lox (2-4 du /ac)
L
Low - Medium (4-8 du/ac)
Lei
:Medium (8 -14 du/ac)
M
Medium -High (14 -24 dulae)
MH
High (24 -30 du/ac)
Hr
Commercial/Office Districts
Administrative & Professional
AP
Neighborhood Commercial
NC
General Commercial
GC
Specific Plan Districts
SP
Planned Community Districts
PC
Open Space Districts
Open Space
OS
Flood Control
FC
Utility Corridor
UC
Hillside Residential District
HR
Overlay Districts
Senior Housing
SHOD
Master Plan
KPOD
Mobile Home Park
MHPOD
A. Adoption of Development District Map
1. Boundaries of the Development Districts hereby established by this
ordinance shall be shown on the Development District Map of the City of
Rancho Cucamonga, California. The Development District Map, together
with all legends, symbols, notations, references, District boundares and
other information thereon, shall be a part of this ordinance and is adopted
concurrently herewith.
2. The Development District Map and a reccrd of all prior amendments thereto
shall be kept on file with the City Clerk, and shall constitute the original
record. A copy of the currently effective District Map shall also be kept on
Me with the Community Development Department. Changes in the
boundaries of any district shall be made by ordinance pursuant to Chapter 1,
and shall be reflected on the Development District Map.
E
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Section 1.2
3. Applicability
1.
The provisions of this ordinance hereby are declared to be in effect upon all
every district
properties included within the boundaries of each and
established by this Cone.
E!
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2.
Wherever a lot or site is divided by the boundary between d stricts, the
regulations applicable within each district snail apply to each portion of the
site situate! in a separate d strict.
All lands now or hereafter included within the WtSfOt"64 U fif&t dt tri16
3.
City, which lands are not included within a spe ified district shown on the
shown as pre - district to a specified
Development District Map or are not
district in accord- with applicable provisions of this ordinance, shall be
deemed within the Open Space District.
4.
The following rules shall apply LZ the determination of the boundaries of any
d strict shown on the Development District Map:
(a) Where boundaries are indicated as approximately following street and
'boundary lanes, such lines
alley lines or other identifiable property or
shall be construed to be the District boundary. Where such boundaries
are indicated as within street and alley lines, or within identifiable
line thereof shall be construed to
rights- of-way oe creeks, the center
be the district boundary.
(b) In unsubdivided property, where a district boundary divides a lot, the
location of the district boundary, unless the same shall be indicated
by dimensions, shall be determined by use of the scale appearing on
the Development District Map.
(c) A symbol, or symbols, indicating the classification of property on the
Development District Map shall in each instance apply to the whole of
the area within the Development District boundaries.
(d) Where a public street, alley, or rigt'.t -Of -way is officially vacated ted y
abandoned, the regulations applicable to abutting Property
equally to each half of such vacated or abandoned street, alley or
right -of -way.
-3-
Section 1.3
5. Distances between structures, or between a structure and any property line,
setback line, or other line or location prescribed by this Development Code
shall be measured to ilia e. erior face of the nea rest we or vertlCE1 s,4—D^`rt
of such structure. WUM d tiff 006 d6M cif )WO ti if¢fOW VUAU bt tOOMf
dnibtestddn�>Sf #i AU i56 At d4f0diM64 lb# fHb OW MOWN
8. Any stnhcturs for which a buildug permit ins been issued under the
provLsimu of earlier orsliaw aces of the City, and which is in conflict with this
ordirmutce, may be constructed ut acconiawe with the p1.or<s and
speck atiors uport which rile permit was issued, provided such permit is
valid at the time of beghmirg of constractimu
T. Subtimmort and development of prey purmor: to a tentative tract map
or te+ttative parcel map which has been approved pursuant to the grovisians
of earlier ordinances of the City, and which is In cmdUct with this
and narwe, may be cardt aped and completed in accord with the provisions of
approval provided it is completed within the time limit in effect at the time
of its app-vw4 provided it complies with all other ordirt�c'es and lawn in
effect at the time of approvaL Final tract maps mcry be approved ptarsuant
to this section and bzUdbV and other perndts may be issued for nary lots
created pursamat to this section consistent with such ap�avvaL
The provisions of this Code are not intended to interfere with or void any easements,
covenants, or other existing agreements which are more restrictive than the provisions of
this Development Cade. 0
A. Conflict With Lather Regulations. Whenever the provisions of this Code impose
n ore restrictive regulations upon buildings er structures, or on the use of lands, or
require larger open spaces, yards, or setbacks, or otherwise establish more
restrictive regulations than are imposed or required by any other law, title,
ordinance, code or regulation, the provisions of this Code shall govern.
B. Clarification of Ambiguity. if ambiguity arises concerning the appropriate
classification of a particular use within the meaning and intent of this title, or if
ambiguity exists with respect to matters of height, yard requirements, area
requirements, or District boundaries as set forth herein, it shall be the duty of the
Planning Commission to ascertain all pertinent facts and by resolution of record
set forth the findings and the interpretations.
C. Statutory Authority in Case of Conflicting Provisions. Nothing in this Code shall
be deemed to affect, annul or abrogate any other Am dt ordinances pertaiaing or
applicable to the properties and areas affected by this Code. 110 Mtii/ U "
O "t" t6 t6ALUO WO "t MU6 U*9 0416ta dt MAI*bdnMU aff#fift #ctrl
Otaiottf o bt 71t¢ W In the eve--.t that a conflict does arise, the more restrictive
Code requirement shall apply.
-4-
EM
11
Section 1.4 Use Determination
A. Pti *use ar_d Initiation. in order to ensure that tine Development Code rongulatown
will pernit all similar uses in each district the Planning Commission: up
initiative or upon written request shall determine whether a use not specifically
listed as permitted, secondary, accessory or temporary use in any district shall be
deemed a permitted use or conditional use ir. one or more districts on the basis of
similarity to uses specifically listed. Tlie procedures of this section shall not be
substituted for the amendment procedure as a means of adding new uses to the list
of permitted or conditional uses.
B. Application. Appucation for determination of similar uses shall be made in
writing to the City Planner and shall ir.clude a detailed description of the proposed
use and such other information as may be required by the City Planner to
facilitate the determination.
C. Investigation and Report. The City Planner shall compare the proposed use
characteristics with the General Plan goals and objectives as well the u r bees
OIL each of the use districts and may determine if the p.opos
permitted or conditional use in any of the districts and shall make a report of his
findings to the Planning Commission.
D. The PimmiM Commission 3WH base its decision upon meeting the f0UOwhV
fted&V=
1. The use in questiori
L of a similar intensity to other permitted or
conditionally permitted usas in the same district.
Z. The use in question
meets the purpose and intent of the district in which it is
proposed-
3. The use in question meets and conforms to the applicable goo s and
objectives of the Geneml Plan.
E. Determination. The determination of the Planning Commission by resolution shall
be a fectve f1sjVfW. j110 ten (I0) calendar days after the date of decision unless
appealed to the City Council as prescribed in Section !.8-
Section 1.5 City Planner
A, This t'le s1-.all be administered by the City Planner whose responsibilities for this
title include the foLowing functions to be carried out either directly or by
subordinate employees:
E. A}plicaton Process• Receive and review all applications for development
mpleted
pursuant to this true. Processing includes the certification of co
public
applications; the establishment of a permanent file; posting Of
notices; collection of applicable fees; preparation of reports; processing of
appeals; and presentation of staff reports to the Development Review
Committees, Planning Commission and City Council.
2. Interpretation. Interpret the provisions and advise the public on the
requirements of this title-
-5-
3. Amendment. initiate action for amendment of this title where it is
determined that such amendment would better implement the General Plan
goals and objectives and increase its effectiveness and /or improve or clarify
the contents of this title.
4. Permit Issuance. Issue permits under this title and certify that all such
oermits are in full conformance with its requirements.
5. Coordination. Refer and coordinate matters related to t:ie administration of
this title with other agencies and City departments and provide information
on the status of all development permits.
Section 1.6 Amendments
A. Purpose and Intent. This Section establishes the procedures for amending district
regulations and boundaries. The amendment process is necessary to provide
consistency 04 df with the Development Code with the General Plan and state
law, and to increase its effectiveness and clarity to implement the General Plan
goals and objectives.
B. initiation
1. A change in the boundaries of any district may be initiated by the owner or
the authorized agent of the owner of property by filing an application for a
ddistKet amendment W-h as prescribed in this section. If the property
for which rezoning is proposed is in more than one ownership, all the owners
or their authorized agents MaW must join in (fling the application.
2. A change in the boundaries of any district or a change in the regulations may
be initiated by the consensus of the City Planning Commission or City
Council.
C. Application
1. Application for amendments shall be fileo with the Planning Division on a
form prescribed oy the City Planner.
2. The City Planner may require additional information if fish* AM necessary to
enable the Commission to determine whether the change is consistent with
the objectives of this Code and the City's adopted General Plan.
3. An application initiated by a property owner shall be accompanied by a fee
established by the City Council.
D. Concurrent Applications. An application for an amendment may be filed
concurrently with any other applicationts? as deemed appropriate by the City
Pla.�iner.
E. Public Hearing. The Planning Commission shall hold 0 I6if>ff a one public hearing
on each application for a district boundary change or for a change in district
regulations. The hearing shall be set and notice given as prescribed in Section
1.12.
E
_5_
Section 1.6
F. Action by the., Planning Commission. cfa511¢vbdaig JAd 46AIlig 0 M ¢006 1i4dfN&
The Planning Commission shall V�tiiFas WOifia4 fid�:>i$i aiS ¢fas a!0'A S IJ,6ai
IjOyl state b' re"bla nwhether the change is consistent Ja.... he objectives of
this Code and with the General Plan, and shall recommend to the City Council
that the amendment be granted or granted in modified form. Of tQjdtHi I A
decision to denv such request may be appealed to the City Council as prescribed in
Section 1.8.
G. Alternative Classification in Lieu of Proposed Classification. When the
Commission determines, ollowing s public hearing on a proposed T-52YU lg district
baudary amendment that a change to a district classification other than the
proposed classitication specified in the hearing notice is desirable, the
commission may recommend a.L: alternate classification. The Commission must
determine that the recommended alternative is more appropriate for the subject
property and is consistent with the General Plan and intent of the Development
Code. if it is more intense than the recommended alternative a new public
hearing is required.
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H. Action by the City Council
1. Within forty -five (40colenclar days after the recommendation of the
Planning Commission to approve a district change, or if an appeal has been
filed by the applicant or any other person prescribed in 5�'chon 1.8, the City
Council shall hold at least one public hearing. The hearing shall be set and
notice given as prescribed in Section 1.12.
2. Following the closing of a public hearing, the Council snail rr_ake specific
findings to whether the change is consistent with the objectives of this
ordinance and with the General Plan. If the Council •Fnds that the change is
consistent, it shall introduce an ordinance amending the Di :toot Map or
district regulations, whichever is appronri.ate. The Council shail not modify
a recommendation of the Planning Commission or. a district change until it
has requested and considered a repo.-► of the Commission on the
modification. Failure of Commission. to report within
after receipt 00, the Council request shall forty-five emed
concurrence.
E
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L New Application Following Denial.
change in district boundaries az
substantially the same change shall
denial.
Section 1.7
Folowing the denial of an application for a
application or request for the same or
net be filed withir_ one year 'of the dale of
Change in District MaR. A change in district boundaries shall be indicated by
listing on the district map the number of the ordinance amending the district map.
K. Pre - District.
1. For the purpose of establishing district regulations to become effective only
upon annexation, property outside the corporate boundaries of the City of
Rancho Cucamonga, within the sphere of influence, may be classified withir
one or more districts in the same manner and subject to the same procedural
requirements as prescribed for property within the City.
2. Upon passage of an ordinance establishing the applicable pre - district
designation for property outside the City, the district map shrill be revised to
show the potential or "pre- disY•ict" classification tc become effective upon
annexation, and shall identify each district or districts applicable to such
property with the label or "PRE- DISTRICT" in addition to such other map
designation as may be applicable.
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-8-
0
Section 1.7
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Section 1.7
RevisiMVModificdd= approved
A. Miner Revisions os - m-Mg -i i4irative. Minn i ohs pe plans, or :0 ��t architectural
Fite eP g�� Planner. Minor revisions and modifications
pions may be a�:+oved by
shall be defined as and shall tncLude the followfrgr
1. Floor plan dusng" which do not result in more than a ten (10) percent
2. Padcbg anti circulation conftguratians which do riot change the bast: porkM
areas ar circulation concept (-rude as reloca: 219 whole porktrg areas from
ante area of the site to another or by adding or deleting circulation areas that
cad have potential impacts to adjacent ar surroe"wU properties);
S. Outside bur7ditg cmfigurdteons which do not create a greater bulk, scale, or
change in the line of sight;
4. Bt inn placements which do not change the general location and Layout of
the site;
S. Grudtrg allcrratkm which do not change the ba:s c concePt► increase slopes,
or beuQdingr elevations, or change course of drainage which could adversely
affect adjacent or surrounding properties;
g, Landscape modifications which do not alter tine general concept or reduce
the effect or amount originally intended;
7. Architectural chMVes which do not charge the lush farm and theme;
8. 3zt$rwr material or color drmeges which do not conflict with L" original
architectural form and theme, and which are cor3si3ttent and compatu3le with
the original materials and colors.
-9-
Sections 1.8 & 1.9
In addition to the above guidelines, the City Plamer must determine L`aat the
csncumstances, standards, ordinances, conditions and findings applicable at the
time of the original approval still remain valid. The City Pkuvier ••rcy re yr �,
mirror revisions or modifications to the Design Review Committee for their
recommendation Prior to his j`uml decision
B. Major Revisions - Commission. Revisions or modification to site olar , gradinng
or teetnurtal plans which are not considered minor as
described in tht previous section, shall -he considered a major revision_ Also, any
request for a chmVe in Conditions of approva: --hail be considered a major
revision. Major revisions shall be Processed through the same approval procedure
and authority which grffieted the original approval. The applicant requesting such
revision shall be required to supply any necessary, plans, as deemed appropriate by
the City Plareaer, and pay necessary fees to cover the review pnocedurp_ The
decision of the apprmml authority shall be focal unless appealed 31 accordance
with Section 1.8.
Section 1.8 Appeals
peals of any actions of the ?XJjit I* 9WA16N D6#0 40OWW RU #ikv6 06daMli946s fORCJ
h' Planneror Planning Commission, as outlined below, may be made by an,itilkt'kSikd
a97a'ieved party in the manner described below. While an appeal is pending, the
establishment of a.-iy affected structure or use ;s to be held in abeyance. In hearing such
an appeai, the appeal body (Planning Commission or City Council) may affirm, affirm in
part, or reverse the previous determination which is the subject of appeal, provided that
an appeal is not to be granted only when the relief sought should otherwise be granted
through Variwice or amendment of this title or of the Land Use Element of the General
Plan.
A. Administrative Decision. Appeals based on Sdd►IlriI>fMAV#k #dfl56ki'f cif
f* ec" anby the City Plainer may be filed by any aggrieved party
with the Planning Commission. Except as otherwise provided in this title, such
appeal is to be filed with the secretary of the Planning Commission in writing
within ten (10) cQ18ndardays of the decisive action. The Planning Commission
may consider the matter and may affirm or reverse wholly or partly, the action
whic` ;s in question.
13. Planning Commission Decision. Appeal of a Planning Commission decision or
interpretation of the provisions of this title including consistency with the Land
Use Element of the General Plan may be made by filing a written notice of appeal
with the City Cleric within J16dtJkknt fJQ ten (10) calendar days following the
Planning Commission's decision. The City Council will consider the matter and
may affirm or reverse wholly or partly, the action which is in question.
Section 1.9 Amwoval to it" ErterdMith the Land or Applicant
VA140 btlSkfWW $Mklfikd At Mi MA6 gt'6alikd( JA# 00JX ,4n%A%L(Any approval such as an
approved site plan, grading plan, landscape plan or architectural plan., shall run with the
land and shall continue to be valid upon a chance of ownership of the site or structure to
which it applies.4[*llk# The Planning Commission may specify that approvals for
Conditional Use Pernnis fynAg run with the applicant, owner and /or operator.
0
-10-
Section 1.10 Lapse ^f A°2Mn and Extensions
A. Lase of A rovals. AU a$pt6�td toitnfledltsM jApprovals for develop7rett review,
co ttcotm use permits, varFmnces, and mtrtor devurttons shall lapse and become
void 61ti5fbi t fIS) twenty -fora' (24) months from the approval date, unless a
different expiration date is specifically established as a condition of approval and
unless one of the following actions occur:
1. A building permit is issued in accordance with the approved entitlement and
construction is commenced and diligently pursued toward completion; or,
2. A Certificate of occupancy is issued.
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B. Extensions. An extension may be issued for lapse of approval for projects
scn is the previous subsection. Approvals ongunlly gaoled by the City
Planter may be ertoded by the City Planner. Approvals by the Planning
Co. ....... ission *--y Canby be extended by the Plaratug Commission. Extensions may
be granted in twelve (12) month increments and not to exceed�� of (4)
years from the original nal date of approval. All requests for
f led with the City Pbamter sixty (60) days prior to the expiration date. The City
Plainer or Plumbing Commission may extend the Gproval of a project if they frrrd
that there has been no signifbcant changes in the Lad Use Element, Development
Cride, or character of the area within which the project is located, that would
cause the approved project to become nwonsistent or noe'confor7rrb't4. Also, the
granting of an extension should not be detrimental to the public health, safety, or
vrelfae, or materially trtjvsCzw to properties or finprovernents in the vicinity.
904
WIF
-11-
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Section 111 Public Hear&Vs a-ad Notification
A. GeneraL A public hearing shall be held prior to action by the Planning
- C4w,Q1Usi0n &W or City Council in any of the following oases. These public
hearings are conducted in order to encourage public participation and discussion.
1. Any change in the text of this title and /or General Plan.
2. Any fEt1AAAifiEs1i61[ 61 &600t1$ pf6fi 6t1E dE¢E16�diE111 dlAffiE1 16 At46friEt
Atfd change in the District Map.
3. As specifically required by state D =w (i.e., tentative tract and parcel map,
conditional use perm ?ts, variances).
4. As determined necessary or desirable by the Commission and/or Council
upon the adoption of a resolution setting the time and glace for a public
hearing.
B. Authority to Notice Hearings. The City Planner is hereby authorized to advertise
and to notice a public hearing as provided in this part for the Planning Commission
and the City Clerk for the Council when required by this title or when such
heaving is consiaered desirable or necessary in order to carry out the purpose of
this title.
C. Notice of Filing. At such time as an application for a project which requires a
public hearing before the Piapning Commission is deemed complete for processing,
the City Planner shall cause notices to be posted conspicuously on the project site
not more than 300 feet apart ainng project perimeter fronting on improv-d public
streets. Each notice shall contain a general description of the project and a copy
of any p-oposed subdivision map or site plan. Such notices shall have the following
title in lettering not less than one (1) inch in height: "NOTICE OF FILING ".
2-
Section 1.11
D. Notice of Hnaring. At leesL ten (10) days before the public hearing of a project
requiring a public hearing b¢16M W PTldid At C6didutt4ft, the City Planner shall
cause notice of the time and place of the public he
aring on the project to be piss:•
in the following manner:
1. By publication once in The Daily Report, a newspaper of general circulation
within the City cf Rancho Cucamonga.
2. By mail or delivery to all persons, including businesses, corporations or other
public or private entities, shown on the last equalized assessment roll as
owning real property within 3n0 feet cf the property which is the subject of
the project.
3. By posting notices conspicuously on the project site not more than 300 feet
apart along project perimeter fronting on improved public streets. Er_ch
posted notice shall contain a general description of the project and a copy of
any proposed subdivision map or site plan. Said posted notices shall have the
following title and lettering not less than one (1) inch in height: "PLANNING
COMMISSION HEARING ".
E. Other Notice Reg *.rirements. Notices required by this secion shall be in addition to
any other or different notice required by other provisions of this code or by state
law, provided, however, that nothing therein shall require separate notices to be
given if the same notice will satisfy the requirements of this section and any other
applicable sectimi of this code or state law.
F. E °fect of Failure to Give Notice. No action, inaction or recommendation
regarding any project by the Commission shall be held void or invalid or
be set aside by any Court by reason of any error or omission pertaining to the
notices, including the failure to give any notice required by this section, unless the
Court after an examination of the entire case shall be of the opinion, that the
error or omission complained of was prejudicial, and that by reason of such error
or omssion the party complaining or appealing sustained and suffered substantial
injury, and that a different result would have been probable if °uch error or
omission had not occurred or existed. 'There shall be no presumption that error or
omission is prejudicial or that injury was done if error or omission is shown.
G. Contents of Notices. Any such notice, whether published, mailed, or posted, shall
contain the folkowing information:
1. Date and time of heari:ig;
2. Address and place of the hearing;
3. A general explanation of the matter to be considered;
4. A general description of the property involved;
5. 4. statement that any interested person is 10 9" to appear and
either endorse or object to the application in question;
6. A statement as to whom P1 appeal may be taken and the time limit
established for such appeal, if any;
i. A statement that anyone so requesting shall be notified of the action on the
application in question; and
8. A statement as to where ar= individual may review proposed plans and related
filed.
-13-
Section 1.11
H. Continuance of Xea nnes. Any public hearing may be continues' from time to time
by the body or official conducting, the hearing, subject to limitations provided by
law, and in such case no further notice :need be given.
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Section 1.i2 Noise -Abatement
purpase. Ln order to control unnecessary, excess ie and annoying
vibration in the City, it is hereby decla:?d to be the policy of the City
such noise generated from or by all sources as specified in this Section.
Decibel Measure?na �t Criteria. Any decibel measurement made pursuant
provisions of this Section. shall be based on a reference soared pre�ure
micro- pascals as measured with a soimd level mete; using the "A" we
network (scale) at slow response.
Designated Noise Zones.
the fallowing noise zones:
All single and multiple family residential
Madded dbt�o��edfaieo��fiMf+ifies ddd
�fbt5af:i�l
All commercial
properties-
0 iddttaftdal 060,600""
Exterior Noise Standards
p snail be tolawful for any person at any location within fhe 16600W"
atEa of the city to create any noise or allow the creation of any noise on the
property owned, leased, oecup ed, or otherwise cor_trolled by such person,
wh ch causes the noise level when measured on the property line of any other
property to exceed the basic noise levc- vs adjusted below:
Basic Noise Level for
minutes in any one hoar,
Basic Noise Level plus 5
than 10 minutes in any one
Section 1.12
Basic (O se Level. plus 1$ dB <i for a cumulative period of not more 40
(c) than 5 minutes in any one hour; or
(d) Basic Noise level plus 15 dBA at any
2. If the measurement location is
s boundary between two different as i e
zones, the lower noise bevel standard filS@iikk Tb flak �'�j jbnk shall P -
cannot reasonably be
source is continuous and the ambient noise level
3. If the intrudir$ noise trial whereby noise it in
discontinued or stopped measuredd noise level obtained while the
can be determine wed directly to the allowsblt noise level '
operation shalt measurement's location d a lied lend of
as sP°c f - �pective to the noise source
the noise level is measured, intruding
and for the time of day the noise generation by of establ�shu�g L`�e
temporarily disc"ntinuing planner for the purpose .
shall be determined by the City Went location.
existing ambient noise level at the mess art
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E. SriProvisions.
The following activities shale
of this Part. activities conducted on public par Public
or school approved �� including but not limited to
1, qty ,aiiVr or private school gro- the hour of 7AM and
playgrounds and p went events between
athletic and school entertain
1GF?d. and sporting and
2, occasional outdoor gatherings, dances, conducted P= t° the
entertainment events provided said even Per
issued by the City. 010f
approval of a ,1 T Ten t'
to Trik ment used, related to or
..al device, apparatus or e� work or warning alarm or bell
S. gny mechanic machinery, vehicle, motor vehicle
connected with a a1rPeof any b� or alarm on r:n9 - building Or
hour of its `ing
provided the soon �, ration within 30 mimstes m any
s'iall terminate its opt
activated.
-16-
LIA.
I J
11
Section 1.12
4. Noise sources associated with or vibration created by construction, repair,
remodeling or grading of any real property, or during authorized seismic
surveys, provided said activities do no tfii:e place bet_ -cer, tl s hours of Q
p.m. and $ 6.30 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 plus the limits specified in Section 1.12 -D.i.
5. All rfi"t Vj6jj devices, apparatus or equipment associated with agricultural
operations provided:
(a) Operations do not take place between 8 p.m. and 7 a.m. on weekdays,
ir.^_luding Saturday or at any time on Sunday or a national holiday, or
(b) Such operations and eq dpme tp utilized for protection •x salvage
of agricultural crops periods of potential or actual frost
damage or other adverse weather conditions, or
(c) Such .operations and equipment are associated with agricultural pest
control through pasticide application provided the application is made
in accordance with permits issued by or regulations enforced by the
California Department of Agriculture.
6. Noise sources associated with the maintenance of real property provided said
activities take place between the hours of 8 a.m. and 8 p.m. on any day
except Stwday, or between the hours of 9 a.m. and 8 p.m. on Sunday.
7. Any activity to the extant regulation thereof has been preempted by State or
Federal law.
F. Schools Churches Libraries Health Care i- stitutiors,Snecial Provisions. It shall 11 1 be unlaw al or any person to create any noise w2uch causes the noise level at any
seltool, hospital or similar health care institution, church, or library while the
same is in use, to exceed the noise standards specified in this Section and
prescribed for the assigned noise zone in which the school, hospital, church or
librsr; is located.
G. Administration. M6 ohii0 $ (dE1 dt t ¢i z $t�ii>d l8 iijdi�id$6IIlt � tE
l Any act creating or permitting the creation of a noise disturbance
as defined by this Code, not otherwise excluded by the preceding section of this
Code, shall constitute a violation of this Code and shai. be abated as such.
H. prima Facie Violation. Any noise exceeding the noise level standards for a
e9gnate noL zone as specified in this Section shall be deemed to be prima
facie evidence of a violation of the provisions of this Section.
-17-
Section 1.13 Non - Conforming gses ti' Structures
p,, pus ,e. This section i.° intended to limit the number and extent of non-
Zinforming uses by regulating their ecLargem.'erg ' the; reel alMishment after
abandonment, and the alteration or restoration after destruction of the structures
they occupy. In addition, this section is intended to limit the number and extent
of non- ^onf or_ ing structures by prohibiting their being moved, altered, or
enlarged in a manner that would increase the discrepancy between existing
conditions and the standards prescribed in this Code.
B. Continuation and Maintenance
1. A use lawfully occupying a structure or a site, that does not conform with
the use regulations or the site area regulations for the district in which the
use is located shall be deemed to be a non - conforming use and may be
continued, except as otherwise limited in this Section.
2. A structure, lawfully occupying a site, that does not conform with the
standards for front_ yard, side yards, rear yard, height, coverage, distances
between structures, and parkin„ facilities for the district in which the
structure is located, shall be deemed to be a non-conforming structure and
may be used and maintained, except as limited provided in this Section.
3. Routine maintenance and repairs may be performed an a non - conforming use
or structure.
C. Alterations and additions to Non-ConfOrmiES. Uses and Structures
Zl so tiofd,6oaofW)* "'i 6f Aff #11vas tiiw 15T ;3hotifu ad7(f01W of 'Alft " a3ialrss
tkw d 14 Uw6 of 01W Zf *jU fa Zf ifi flit eizi>>SZ�ialfz¢ai a5f fKat �I¢ {¢d><sidfd fit
¢4E16jof a Adlzff. hi Diu SISOJ a/d
1. No non - conforming use shall be enlarg ed or extended in such a way as to site which
oc^_upv any part of the structure or site or any other structure nor in such a
it did not occupy at the time it became a nonconforming use,
way as to displace any conforming use occupying a structure or site, except
as Zid•.ffa6d permitted in this Section.
2. No non-conforming structure shall be altered or reconstructed so as to
increase the discrepancy between existing conditions and the standards for
front yard, side yards, rear yard, height of structures, distances between
structures and parking facilities as prescribed L-i the regulations
which district in f YAI d,
U dldf a a $� IbU00 td fi16* 16"0611 o " M Z "Af0
to Ilia' tuAdOOV AV #a id $ate AIM W49 Half taihu 90& of alfftfw"4
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D. Discontinuation of Non- C,anform se• Whenever - %contbalsdd for a
been as a:ara9 of changed to a conforming use use shall not be
continuous period of 180 days or more, the non - conforming
reestablished, and the use of the structure or site thereafter shall be in
conformsly with the regulations for the district in which it is located, i
that this section shall not apply to non - conforming dwelling units. Disc°nUnuation
shall include termination of a use regardless of intent to resume the use.
-IS-
E
Restoration of a 1Damaged Structure.
1. Whenever a structure which does not comply with the standards for front
yard, side yards, rear yard, height of structures, distances between
structures and parking facilies as prescribed in tine regulations for the
district in which the structure is located, or the use of which does not
conform with the regulations for the district in which it is located, is
destroyed by fire or other calamity, by act of God, or by the public enemy to
the extent of 50 percent or less, the structure may be restored and the non-
conforming use may be resumed, provided that restoration is started within
one year and diligently pursued to completion. When the destruction exceeds
50 percent or •_he structure is voluntarily razed ar is rewired by law to be
razed, the structure shall not be restored except in full conformity with the
regulations for the district in which it is located and the non - conforming use
shall not be resumed.
2. The extent of damage or partial destruction shall be based upon the ratio of
the estimated cost of restoring the structure to its condition prior to such
damage or partial destruction to the estimated cost of duplicating the entire
structure as it existed prior thereto. 'Estimates for this urposeshall be
made by or shall be reviewed and approved by the Building Official �
be based on the minimum cost of construction in compliance with the
Building Code.
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-19-
Section 1.13
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Plamw. Any mpmmt for r I I. eVwzm Or restoratwr of
detemarw compliarme with the ,IL I Y u1 • 1 a /I 111 / affrounevV property 1 of • 1
deeftiou 77m d9ebion of. the City plwmr may be appeuled J any • 1r1. LI
G. PlT2" Commissior, Review. The Pla nhV Commission shall conduct a Public
new vg Phummm to �ecusa -T18. ITee Piwverg Commistian *all review each case
and all matters of fact. lice Commission may gnmt the request, gnmt the request
u#h modij`ioatiay or deny the request. The Commission shall state that the
request will or will not be detrimental to the goals and objectives of the General
Plan and that stcih request wM or will not be detruaental to the MWC health,
safety, or welfare, or materially injurious to poperdes or improvements ire the
vic -
-20-
Section 1.14 Definitions
A. Purposes
1. The purpose of th s chapter is to promote consistency and precision in the
application and interpretation of these Development Re-.ulations. The
meaning and construction of words and phrases defined in this chapter shall
apply throughout this Code, except where the context and usage of such
words or phrases clearly indicates a different meaning or construction
intended in that particular case.
B. GeneralInteroretation
1. The word "shall" is mandatory and not discretionary. The word "may" is
permissive and discretionary.
2. in case of any difference of meaning or implication between the text of any
provision and any caption or illustration, the teat shall control.
3. References in the masculine and feminine genders are interchangeable.
4. Unless the context clearly indicates to the contrary, words in the present
and the future tense are interchangeable, and words vi the singular and
plural or interchangeable.
5. Unless the context clearly indicates to the contrary, the following
® conjunctions shall be interpreted as follows:
(a) "_4nd" indicates treat all connected items or provisions shall apply.
(b) "Or" indicates that the connected items or provisicns : ray apply singly
or in any combination.
(c) "Either «.or" indicates that the connected items or provisions shall
apply singly but not in combination.
6. The word "used" shall include arranged, designed. con.tructed, altered,
converted, rented, leased, occupied, or intended to be utilized.
C. Definitions
A ABUTTING: Having lot lines or zone boundaries in common.
ADDITION: Any construction which increases the size of a building or facility in
terms of site coverage, height, length, width, or gross flour area.
AGENT: Any person showing written verification that he or she is acting for, and
with the knowledge and consent of, a property owner.
AGRICULTURE: The use of land for farming, dairying, pasteurizing and grazing,
horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and
including accessory activities but not limited to storage, harvesting, feeding, o:
maintenance of equipment, excluding stockyards, slaughtering or commercial food
processing.
-21-
Section 1.14
ALLEY: A public thoroughfare, not exceeding thirty (30) feet in width for the use
of pedestrians and /or vehicles, producing only a secondary means of access to the
abutting property. arregLmeril
ALTERATION: Any opg members of a building gor structure, o. change in the
of rooms or the supporting 0
appearance of any building or structure.
AMUSEMENT DEVISE: Any electronic or mechanical machine which provides
amusement, or entertainment, which may be operated or played upon the placing
or depositing therein of any Lein, check, slug, ball, or any other article or device,
or by paying therefor either in advance of or after use. This definition shall not
include iuke boxes, telephone devices, or machines that sell merchandise.
ANIMAL•
(a) EXOTIC OR WILD ANIMAL: An animal known to be predatory, poisonous,
including but not limited to a lion, tiger, monkey, bear, wolf, fox, poisonous
snake, or other similar animal.
(b) FOWL OR RODENT: Any chicken, hen, turkey, duck, goose, game bird,
rabbit, chinchilla, or other animal similar in size, weight, or appearance.
(c) HOUSEHOLD PET: Any animal customarily permittedand kept in a dwelling
and kept only for the company or pleasure provided to the occupants of the
dwelling, such as a dog, cat, parakeet, tropical fish, hampster, or similar
domestic. is
(d) LARGE ANIMAL: Any equine or bovine animal, or other animal similar in
size, weight, or appearance, including but not limited to a horse, pony, .
donkey, cow, or ox.
(e) SMALL ANIMAL: Any animal other than a large animal, specialty animal, or
fowl or rodent, including out not limited to a goat, lamb, or pig.
(f) SPECIALTY ANIMAL: Any bee, worm, frog, fish, or other animal similar in
size, weight, or appearance.
ANIMAL CARE FACILITY: A use providing grooming, housing, medical care, or
other services to animals, including veterinary services, animal hospitals,
overnight or short -term boarding ancillary to veterinary care, indoor or outdoor
kennels grooming and similar services.
ANTENNA: Any system of wires, poles, rods, towers, whips, reflecting discs, or
similar d vices used for transmission or reception of fddlO i6f 1tETEtM66
electromagnetic signals.
APPROVAL: "Approval" means the issuance or commitment of issuance by a
ptT-
ublic agency of each lease, permit, license, certificate, or other entitlement for
for which an application was accepted as complete. The exact date of approval of
any development project is determined by each public Feeney according to its
rules, regulations, and ordinances, consistent with this Code.
-22-
U
Section 1.144
"ARTAfIF= ftt 0 OOM tb 4U Ili d diafjojo owaulu irll ooia fat A mafdm,616l
APARTMENT COMMUNITY: Means community apartment as defined in Section
11004 of the Business ana Professions Code, ^_bntaining two or more rights of
exclusive occupancy.
APPLICANT: "Applicant" mearts a person who requests in writing the approval of
a lease, permit, licerse, certificate, or other entitlement for use from one or
more public agencies.
APPLICATION: "Application" means the form and information submitted by an
applicant. The form and information is to be' used to determine whether to
approve or deny permits or other entitlement for use.
ARCAD': Any establishment containing four (4) or more amusement devices.
This definition shall not apply -to recreational premises such as bowling alleys or
skating rinks, where an arcade is part of the primary use.
AREA, GROSS: The entire area within the boundaries of a project site, building
or lot, measured to the centerline of adjoining street rights of way.
B BASEMENT: A portion of building partly or wholly underground and having more
than one -half of its height below the average level of the adjoining ground. BL
tb "fzhilm 0 MA 4440" 104 alt 4"dg6d fdf t¢,rFiddeil al ¢bdiuboofl is hiw dt
d►tif Ahidit4thw MW 06 "Wdfrbd 0 ffdt$l
BLOCK: The area of land bounded by streets, highways or railrcad right -of -ways,
except alleys.
BUILDING: Any structure bu It for the support, shelter or enclosure of persons,
animals, Fowls, chattels or persemal property of any ?rind.
BUILDING HEIGHT: The vertical distance, excluding foundations or
understructures, between the average finished ground surface adjacent to the
structure and to the highest point of the structure, excluding architectural
features and appurtenances such as, but not limited to, chimneys, antennas,
elevator and similar mechanical equipment.
BUILDING, HISTORIC: A building listed individually on the National Register of
historic Places, or by a state or county agency charged with recognition or
preservation of historic structures, or by resolution of the CFty Council as having
significant local or regional historical importance and value to the community.
BUILDING OFFICIAL: The head of the Building and Safety Division of the City of
Rancho Cucamonga and shall include his deputies.
BUILDING (PUBLIC): A nonprofit or quasi -public use or institution such as a
church, library, f;:w'Sc, or private school, hospital, or municipally owned or
operated building, structure or land used for public purpose.
-23-
Section 1.14
BUILDING SITE: A lot, or contiguous lots of lend in single, multiple, or joint
ownership exclusive of all rights -of -way and all easements, except open space
easements, that prohibit the surface use of the property by its owner), which
provides the area and open spaces required by this ordinance for construction of a
building or buildings, and which abuts a public or private street or alley, or
easement determined by the City Planner to be adequate for the purpose of
access.
C CARETAKER'S RESIDENCE: A dwelling unit accessory to a principal use on a
site and intended o�upancy on the same site, as a caretaker, security guard,
servant, or similar position generally requiring residence on the site.
CARPORT: A permanent roofed structure with no more than three (3) enclosed
sides used or intended to be used for automobile shelter and storage.
CEMETERY: Land used or intended to be used for the :wrial of the dead and
dedicated for cemetery purposes, including columbariums, crematoriums,
mausoleums and mortuaries when operated in conjunction with and within the
boundary of such cemetery.
CENTERLINE: The centerline of a street as referred to in this Code shall mean
the right -of -way centerline as established by the County Engineer of the County,
by the City Engineer of any city within the county, by the State Division of
Highways of the State of California, or if no such centerline has been established
and in any case in which foregoing definition is not applicable, the Planning
Commission shall designate the centerline.
CHURCH: A use located in a permanent by iadmo and providing regular or
organized religious worship and religiot-. education incidental thereto, but
excluding a private educational facility. A property tax exemption obtained
pursuant to the Constitution of the State of California and of the Revenue of
Taxation Code of the State of California, shall constitute prima facie evidence
that such use is a church as defined herein.
CITY: The City of Rancho Cucamonga.
CLUB: A non -profit association of persons, whether incorporated or
unincorporated, organized to pursue common goals, interest or activities, but not
including a group organized solely or primarily to render a service customarily
carried on as as business. dU6 fCjft6i's.aWt t6fdf 6d f6 JJ 16MO
CLUSTER DEVELOPMENT: A form of development for single - family and
multiple family residential subdivisions- that permits a reduction in lot area,
provided there is no increase in the number of lots permitted under a conventional
subdivisio and the resultant land area is devoted to open space.
COMMISSION: The Planning Commission of the City of Rancho Cucamonga.
CONDOMINIUMS: Means condominiums as defined in Section 3350 of the Civil
Code: An estate of real property consisting of an undivided interest in common
areas, together with a separate right of ownership in space.
11
-24-
Section 1.14
CONVALESCENT FACILITY: A use providing bed care and in- patient services for
prsoos requiring regular medical attention, and persons aged or infirm unable to
care for themselves, excluding surgical or emergency medical services.
CONVERSION: The creation of separate ownership of existing real property
together with a separate interest in space of residential, industrial or commercial
buildings thereon.
CORPORATION YARD: See "Equipment Yard".
COTTAGE, ELDER: A second dwelling unit constructed senara.te, or attached to,
a primary residence, if the dwelling unit is intended for the sole occupancy of one
adult or two adult persons who are 60 years of age or over, and a me -durum floor
area of 640 square feet.
COUNCIL: The City Council of Rancho Cucamonga.
COUNTY: The County of San Bernardino.
COURT: An open, unoccupied space, other than a yard, unobstructed from ground
to sky on the same lot with a building or buildings and which is bounded on two oz
more sides by the walls of a building.
D DAIRY: Any premises where milk is produced for sale or distribution and where
three or more cows or goats are in lactation.
® DAY CARE FACILITY: private establishment for day time care of children
between 2 and 5 years of age and where tuition, fees, or other forms of
compensation for the care of the 111ildren is charger:, including nursery schools,
pre - schools ar_d similar acilities.
DECIBEL: Or "dW means a unit of sound pressure level.
DEDICATION OFFERED: "Offered dedication" shall mean thai portion of :and
which is irrevocably offered to Lhe City for future Public rights -of -way which has
no prospective future date for; construction to City standards; and /or notice of
completion.
DESIGN: "Design" means: (1) street alignments, grades and widths; (2) drainage
and sanitary facilities and utilities, including alignments and grade.. thereof; (3)
location and size of all required easements and rights —if -way; (4) fire roads and
fire breaks; (5) lot size and configuration; (6) traffic -.cress; (7) grading; (8) land to
be dedicated for park or recreational purposes; and (9) such other specific
requirements in the plan and configuration of the entire project as may be
necessary or convenient to insure conformity to or implementation of the General
Plan or any adopted specific plan.
DENSITY: The total number of dwelling units in
gross area of the project site. The dwelling unit
the applicable land use classification shall apply
shall not be literal to any division thereof.
-25-
a rwoject site, divided by the
density range permitted under
to the overall project site and
Se ^tion 1.14
DEVELOPMENT: The division of a parcel of land into two or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation or
enlargement of any stricture; any mining, excavation, landfill or land d"msturba_rjee,
and a. y use or extension of the use of land.
DEVELOPMENT, COM'ENTIONAL: A single family or multiple family resin Jentiai
development other than a plammed/cluster development.
DEVELOPi1aENT MI;LTI- FAMILY RESIDENTIAL: A development where the
number or dwelii:g units on one residential lot of record is three or :core.
Multi - family dwellings, such as condominiums, rental apertments. and community
or cooperative ownership apartments.
unvtl.UYMbNT, 51INGLE FAMILY RESIDENTIAL: A development where each
dwelling unit ms situated on a lot contairg no more than one or two dwelling
units. Single family development is deemed to include duplexes (two dwelling
units on one residential lot). Single family development may be attached (as in a
traditional subdivision or zero lot line development) or attached (as in a duplex
divided into two different lots, or a townhome). Single family 'tomes may be
arranged as either conventional developments or cluster developments; in either
case, there may be some .areas of the subdivision held in common by all residents.
DIRECTOR: The Director of community Development of the City of Rancho
Cucamonga.
DISTRIBUTION: A use engaged primarily in distribution of manufactured
products, supplies, and equipment, including incidential storage and sales
activities, but excluding bulk storage of materials which are flammable or
explosive.
DISTRICT. BASE: A specifically delineated district in the City within which
regulations and requirements uniformly govern the us, placement, spacing and size
of land and buildings. Not more than one base district designation shall apply to
the same portion of a lot.
DRIVEWAY: A permanently surfaced area providing direct access for vehicles
between a street and a permitted off-street parking or loading area.
DWELLING: A structure or portion there of which is used for human habitation.
DWELLkNr,. ATTACHED: A one - family dwelling attached to two or more one -
family dwellings by common vertical walls.
DWELLING, DETACHED: A dwelling which is not attached to any other dwellings
by any mrceans.
DWELLING Ml'TLTIPLE F AMIJ Y: A building designed and used as a residence for
three 3 or more families living independently of each other.
DWELLING SINGLE FAMILY: A building designed and /or used to house not more
than one amily including all domestic employees of such family.
DWELLING UNIT: One or more rooms and a single kitchen, designed for
occupancy by one family or household for living, sleeping, and eating purposes.
-26-
Section 1.14
E EASEMENT: A grant of one or more of the property rights by the property owner
to and /or for the use by the public, a corporatior. or another Person or entity.
EAVE: The projecting lower edges of a roof overhanging the wall of a building.
ENCLOSED: A covered space fully surrounded by walls, including windows, doors,
and similar openings or architectural features, for a space of not less than 100
square feet fully surrounded by a building or wails exceeding 8 feet in height.
EDUCATION FACILITY PRIVATE: A privately _.aned school, 'including schools
owned and operated by religious organizations, offering instruction in the serveral
branches of learning and study required to he taught in the public schools by the
Education Code of the State of California.
EDUCATION FACILITY, PUBLIC: A public school, operated by a public school
district and offering instruction in the several branches of learning and study
required to be taught in the public schools by the Education Code of the State of
California.
ELEVATION:
(a) A vertical distance above or below a fixed reference level
(b) A flat scale drawing of the front. rear, or side of a building.
ENERGY SYSTEM ALTERNATIVE: Application of any technology, the
so conservation of energy, or the use of solar, t:iomass, wind, geothermal,
hydroelectricity unde 25 megawatts, or any other source of energy, the efficient
usa of wh.ch will reduce the use of foss°j and nuclear fuels.
ENGINEER, CITY: The City Engineer of the City of Rancho Cucam ,l and shall
include his deputies.
ENVIRONMENTA:. IMPACT REPORT (EIR): A detailed statement setting forth
the environmental effects snd considerations pertaining to a project as specified
in Section 21100 of the California Environmental Quality Act, and may mean
either a draft or a final EIR.
EQUIPMENT RENTAL YARD OR CONTRACTOd YARD: A use providing for
n :!unterna -ice, servicing, or storage of motor vehicles, equipment, or supplies; or
for the dispatching of service vehicles; or distribution of supplies or construction
materials require i:E connection with a business activity, public utility service,
transporation service, or similar activity. The term "contractor yard" shall
include a construction materials yard, vehicular service center, or similar use.
g FACADE: The exterior wall of a building exposed to public view or that wall
viewed by persons not within the building.
FAMILY: One or more individuals occupying a dwelling unit and living as a single
threshold unit.
FENCE: An artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas of land.
-27-
.ac�:uvu i.i
FiNANCT_AL SERVICE: A use providing financial serv'.ces to individuals, fire , or
other entities. The term "=financial service" includes toarks, savings loan i
institutions, loan and lending activities and similar* services.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of Average -floors
of a building measured from the exterior face of exterior walls, or from the
centerline of a wail' separating two buildings, but not including interior parking
space loading space for motor vehicles, or any space where the floor- to -ceiling
height is less than six feet.
FLOOR AREA. NET: The total of all floor areas of a building, excluding stair
wells and elevator shafts, equipment rooms, interior vehicular paricing or loading;
and all Floors bf low the first or ground `iosr, except when used or intended to be
used for human iabitatior or service to the public.
FRONTAGE: The side of a lot abutting a street, the front lot line, except the side
of a corner lot.
G GARAGE, PRIVATE: An accessory building or an accessory portion of the main
building designed andlor used for the shelter or storage of vehicles of the
occupants of the main building.
GARAGE, PUBLIC: A building, or portion thereof, other than a private customer
and employee garage tr private residential garage, used primarily for the packing
and storage of vehicles and available to the general public.
C-XRBAGE: Animal and vegetable waste resulting from the handling, storage,
sale, preparation, cooking and servir,m of foods.
GLARE: The effect produced by brightness sufficient to cause annoyance,
discomfort, or lass it visual performance and visibility.
GRADE:
(a) The lowest horizontal elevtion of the finished surface of the ground, paving,
or sidewlak at a point where height is t be meastired.
(b) The degree of rise or descent of a sloping surface.
GRADE, FINMHED: ; he final elevation of the ground surface after development.
GRADE, NATURAL: The elevation of the ground surface in its natural state,
before man -made alterations.
GRADING: Any stripping, cutting, filling, stockpiling of earth or land, including
the land in its cut or filfied condition.
GRADING, CONTOUR: A gradng concept designed to result in earthforms and
contours which resemble natural terrain characteristics, with generally curving,
non - linear slope blanks having variations in the slope ratios of the horizontal and
vertical curves.
E
-28-
7eCIWil 2.1,2
GREENBELT: An open area which :nay be cultivated or maintained in a natural
state surrounding development or used as a buffer between land uses or to mark
the edge of an urban or developed area.
GROUP CAFE FACILITY: A facility which provides resident services for persons
handicapped or disabled, undergoing rehabilitation, or otherwise in need of care
and supervision, subject to licensing by the approo fate governmental agency. The
term includes group homes, hallway houses, and foster homes.
GUEST HOUSE: An accessory building containing a lodging unit without kitchen
scilities, —and used to house occasional visitors or noes- paying guests of the
occupants of a dwelling unit on the same site.
GUEST ROOM: A room which is designed and /or used by one or more guests for
sleeping purposes, but in which no provisions are made for cooking.
H HEIGHT: the vertical distance of a structure measured from the average
elevation of the finished grade within 20 feet of the structure to the highest r.4int
of the structure (See Building Height).
HERTZ: A unit of measurement .,.* frequency, numerically equal to cycles per
secona.
HOME 1MPROVEMENT CENTER: A retail service engaged in providing retail
sale. rental, service, or related repair and installation of home improvement
procucts, including building materials, paint and wallpaper, carpeting and floor
® covering, decorating, heating, air conditioning, electrical, plumbing, and
meehanical equipment, roofing supplies, yard and garden supplies, home appliances
and similar home improvement products.
HOUSE OCCUPATION: An accessory occupational use conducted by a resident of
a dwelling as a sedondary use thereof, which is conducted entirely within a
dwelling by the inhabitant- thereof, which use is clearly incidental to the use of
the structure for dwelling purposes and which does not change the character
thereof, and for which there is no disIpiay, no stock -in- trade, no commodity sold on
the premises and no naecharical equipment used except that necessary for
housekeeping purposes.
HOMEOWNERS ASSOCIATION: A private organization composed of residents
within a project who own in common certain property and shall be responsible for
the maintenance and management of certain commonly owned property.
HOSPri AL: A facility providing medical- psychiatric, or surgical services for sick
or injured persons primarily on an in- patient basis, and inc hiding ancillary
facilities for out - patient and emergency treatment, diagnostic services, training,
research, administration, and services to patients, employees or visitors.
HOTEL: Any building or portion thereof containing six (6) cr more guest rooms
designed for and /or used by six (6) or more guests for compensation and with no
provision for cooking in any individual room or suite, but not including those
facilities defined as social care facilities.
0 HOUSEHOLD PET: See Animal.
-2s-
zecuon i.i4
I IMPROVEMENT: Any item ,.hich becomes part of, placed upon or is affixed to
real estate.
J JUNKYARD: Any area, lot, land, -parcel, :building or sLueture or part thereof
usd the storage, collection, processing, purchase, sale or abandonment of
wastepaper, rags, scrap metal or other scrap or discarded goods, materials,
machinery or :wo or more unregistered, inoperable motor vehicles or other typee of
junk.
K KENNEL: Any lot or premises on which rive (5) or more dogs over four months old
are kept for commercial boarding, breedicg, and training.
KITCHEN: Any room, all or any part of which is designed and/or used for cooking
and the preparation of food.
L LANDSCAPING: An area devoted to or developed and maintained predominately
with na a or exotic plant materials including )awn, ground cover, trees, shrubs,
and other plant materials; apd also including accessory decorative outdoor
landscape elements such as pools, fountaitr, paved or decorated surfaces
(excluding driveways, parking, loading, or storage areas), and sculptural elements.
LAND USE: A description of how land (real estate) is occupied or utilized.
LOADING SPACE: An off -street space or berth on the same lot with a building or
contiguous to a group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials.
LODGING UNIT: A room or group of rooms used or intended for use by overnight
occupants as a single unit, whether on a tr ansient or residential occupancy basis,
located in a motel or dwelling unit providing lodging whether or not meals are
provided to such persons. Where designed or used for occupancy by more than two
persons, each two persons capacity shall be deemed a separate lodging unit. For
the purpose of determining residential density, each two lodr'rg units shall be
considered the equivalent of one dwelling unit.
LOUNGE, COCKTAIL: A use providing preparation and retail sale of alcoholic
beverages, on a i:censed "on sale" Oasis, for consumption on the premises,
including taverns, bars, and similar uses.
LOT: Any parcel of real property approved by a record of survey, plat, parcel
map, subdivision map, or certificate of compliance, or any parcel legally created
or established purs:sant to the applicable zoning or subdivision regulations in
effect prior to the effective date of application of this Cade to such parcel.
LOT AREA: The net horizontal area within bounding lot lines after dedication.
LOT, CORNER: A lot or parcel of land abutting upon two or more st eets at their
intersection, or upon two parts of the same street forming an interior angle of less
than 135 degress.
LOT, COVERAGE The area of a lot covered by buildings, including eaves,
prolectM balconies, and similar features but excluding ground level paving,
landscaping, and open recreational facilities.
-30-
LOT, CUL-DE -SAC: A lot located on the turning end of a dead -end street.
1� LOT, DEPTH: The horizontal distance.between the midpoint of the front let Ln°
and the midpoint cf the rear lot line.
LOT, FLAG: A lot having access to a street by means of a private drivewav,
access easement, or parcel of land not meeting the requirements of this Code for
lot width, but having a dimension of at least 30 feet at its narrowest point.
LOT, INTERIOR: A lot other than a corner lot.
LOT. KEY: The first interior lot to the rear of a reversed corner lot, the front
line of which is a continuation of the side line of the reversed corner lot, exclusive
of the width of an alley, and fronting an the street within intersects or intercepts
the street upon which the corner lot fronts.
LOT, REVERSED CORNER: A corner lot having a side lot line which is
substantially a continuation of the front lot line of a lot to its rear,
LOT, SUBSTANDARD_: Any lot which . ich does not meet the minimum dimensions, the
area of any easement which restricts the normal usag e of the lot may be excluded.
LOT, THROUGH: A lot other than a corner lot abutting more thar, one street.
LOT LINE: A line bounding a lot.
LOT LINE ADJUSTMENT: A minor shift or rotation of an existing lct line or
other adjustments.
LOT LINE, FRONT: A lot line paralleling the street. On a corner lot, the shorter
lot li.:e abutting a street or the line designated as the front lot line by a
subdivision or parcel map.
LOT LINE. REAR: A lot lire, not intersecting a front lot line, which is most
distant from and most closely parallel to the front lot line. In the case of an
irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot
having a length of 10 feet, parallel to and most distant from the front lot line
shall be interpreted as the rear lot line for the purpose of determining required
yards, setbac'im, and other provisions of this ordinance.
LOT LINE, SIDE: A lot line not a front or rear lot line.
LOT LINE, STREET: A lot line abutting a street.
LOT WIDTH: The horizontal distanc-s between side lot lines, measured at the
front setback line.
a! MANUFACTUBLNG: A use e:igaged in the manufacture, predominant ?.y from
previously prepared materials, of finished products or parts, including processing,
fa�rication, assembly, treatment, and packaging o£ suc&* 3n products, and incidental
cesses
processing c extracted or raw materials, pro utilizing flammable or
explosive materials (i.e., materials wbich ignite e-asRF under normal
manufacturing conditiors), and processes which create hazardous or commonly
re-zognized offensive conditions.
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N
Section 1.14
MAP ACT: The Subdivision Map Act of the State of California.
MAP, CONTOUR: A map that displays land elevat -. .:; in graphic form.
MEDICAL OFFICE: A use providing consultation, diagnosis, therapeutic,
preventative, or corrective personal treatment services by doctors, dentists,
medical and dental laboratories, and similar practitioners of medical and healing
arts for humans licensed for such practice by the State of California.
MERGER The joining of two or more contiguous parcels of land under one
ownership into one parcel.
MOBILE HOME: A movable or transportable vehicle, other than a motor vehicle,
having no foundation other than jacks, piers, wheels, or ai&1ings, designed as a
permanent structure intended for occupancy and designed ;x subsequent or
repeated relocation.
MOBILE HOME PARK: A residential facility arranged or equipped for the
accommodation of two or more mobile homes, with spaces for such mobile homes
available for rent, lease, or purchase, and providing utility services and other
facilities either separately or in common to mobile home space therein.
MOBILE HOME SPACE: A plot of ground within a mobile home park designed for
the accommodation o one mobile home.
MOTEL: A commercial facility containing lodging units and dwelling units
t ne ded primarily for temporary occupancy, with not more than ten percent of
the units having kitchen facilities and meeting the definition of a dwelling unit.
The term "motel" shall include a hotel, motor hotel, tourist court, or similar use,
but shall not include a mobile home park.
NOISE: Any undesirable audible sound.
NOISE, AMBIENT: Means the an- encompassing noise level associated with a given
environment, being a comxosite. of sounds from all sources, excluding the alleged
offensive roise, at the location and approximate time at which a comparison with
the alleged offensive noise is to be made.
NOISE, IMPULSIVE: Means a noise characterized by brief excursions of sound
pressures whose peak levels are very much greater than the ambient noise level,
such as might be produced by the impact of a pile drive., punch press or a drop
hammer, typically with one second or less duration.
NOISE, INfRUSIVE: Shall mean that alleged offensive noise which intrudes over
and above the existing ambient noise at the receptor property.
NOISE, LEVEL: Means the "A" weighted sound pressure level in decibels obtained
by using a sound level meter at slow response with a reference pressure of twenty
mieropascals. The unit of measurement shall be designated as dBA.
NOISE, MOBILE SOURCE: Shall mean any noise source other than a fixed noise
source.
--2-
E
Section 1.14
NOISE, SIMPLE TONE: or "pure tone noise" means a noise characterized by the
presence of a predominant frequency or frequencies such as might be produced by
whistle or hum..
NOISE. ZONE: Shall mean any defined area or region of a generally consistent
land -use.
NONCONFORMING: A building, structure or portion ibereof, or use of building or
land which does not conform to the regulations of this Code and which lawfully
existed at the time the regulations became effective.
NONCONFORMNNG LOT: A lot, the area, dimensions or location of wt.ich was
lawful prior to the adoption,, revision or amendment of the zoning ordinance, but
which fails by reason of such adoption, revision or amendment to conform to the
present requirements of the zoning district.
NONCONFORMING STRUCTURE OR BUILDING: A structure or building the
size, dimensions cr iocation of which was lawful Prior to the adoption, revision or
amendment to a zoning ordinance, but which fails by reasor of such adoption,
revision or amendment, to conform to the present requirements of the zoning
district.
NONCONFORMRNG USE: A use or activity which was lawful prior to the
adoption, revision or amendment of a zoning ordinance, but which fails, by reason
of such adotpion, revision or amendment. to conform to the present requirements
of the zoning district.
NURSERY, LANDSCAPE A retail service providing propagation and sale of
p',ants, shrubs, frees, nd similar products, and related materials and services
associated with installation, maintenance, and improvement of yards, gardens,
landscaped areas, outdoor living and recreation areas, and similar facilities.
O OFFICE PROFESSIONAL: A use providing professional or consulting services in
the elds of law, architecture, design, engineering, accounting, and similar
professions.
OPEN SPACE: Any parcel or area of land or water essentially unimproved and set
aside, dedicated, designated or reserved for public or private use or enjoyment, or
for the use and enjoyment of owners and occupants of land adjoining or
neighboring such open space. Open space does not include: area covered by
buildings or accessory structures (except recreational structures), paved areas
(except - ecreational facilities), proposed and existing public and private streets or
driveways, and school sites.
OPEN SPACE, COMMON: Open space within a project owned, designed, and set
aside for use by an occupants of the project or by occupants of a designated
,portion of the project. Common open space is not dedicated to the public and is
owned and maintained by a private organization made up of the open space users.
OPEN SPACE, PRIVATE: That open space directly adjoining the units or building,
which is intended for the private enjoyment cf the occupants of the unit or
building. Private open space shall in some manner be defined such that its
boundaries are evident.
-33-
W
Section 1.14
OPEN SPACE, USABLE: Outdoor or unenelosed area on the ground, or on a roof,
balcony, deck, porch, or terrace, designed and accessible for outdoor living,
recreation, pedestrian access, or landscaping, but excluding parking facilities, -
driveways, utility or.service areas, or any required front or street side vard, and
excluding any space with a dimension of less than 10 feet in any direction or an
area of less than 100 sauare feet.
OUTDOOR RECREATION FACILITY- A privately owned or operated use
providing facilities for non - commercial outdoor recreation activities, including
golf, tennis, swimming, riding, or other outdoor sport or recreation, operated
predominantely in the open, except for clubhouses, and incidental enclosed
services or facil ties.
OVERLANG:
(a) The part of a roof or wall which extends beyond the facade of a lower wall.
(b) The portion of a vehicle extending beyond the wheel stops or curb.
OVERLnY DISTRICT: A district established by this ordinance, which may be
applied to a lot or portion thereof only in combination with a base district.
PAID, BUILDING: That area of a lot graded relatively flat, or to a minimum slope,
for the purpose of aceommodating a building and related outdoor space.
PARAPET: The extension of the main walls of a building above the roof level.
PARCEL: A lot or tract of land.
PARKING AREA: Any public or private land area designed and used for parking
motor vehicles including parking lots, garages, private driveways and 1-.g ally
designated areas of public streets.
PARKING AREA PRIVATE: A parking area for the private use of the owners or
the lot the is located.
occupants on which parking area
PARKING AREA, PUBLIC: A parking area available to the public, with or
without compensation, or used to accommodate clients, customers, or employees.
PARKING BAY: The parking module consisting of one or two rows of perkdng
spaces and the aisle from which motor vehicles enter and leave the spaces.
PARKING LOT: An off-street, ground level area, usually surfaced and improved,
for thme temporary storage of motor vehicles.
PARKING SPACE: A space for the parking of a motor vehicle within a public or
private parking area.
PERFORMANCE STANDARDS: A set of criteria or limits relating to nuisance
elements which a particular use or process may not ex ^eed.
PERIMETER. The boundaries or borders of a lot, tract, or parcel of Land.
-34-
Section 1.14
PERMTT: Written governmental permission issued by nom, authorized official,
forbidden by law, but not
empowering the holder thereof.to do soma act na*-
allowed without such authorization.
PERMIT'_'ED 'USE: Any use allow - i in a zoning district and subject to the
restrictions applicable to that s;gang district.
PEST REPORT: *.leans an inspection and written report conforming to the
Section 8516 of the Business and Professional Code of the state
requiirements ,
including documentation of conu. ',ns ordinarily subject to attack by wood
destroying pests and organisms.
or portion of a project which is developed as a unit
PHASE: Any contiguous part
U7tSe same time period.
The General Plan of the City of Rancho Cucamonga, including
PLAN, GENERAL:
relatci plan elements adopted by the City Council.
all snaps, reports, and
PLANNER. CITY: The head of the Planning Divisior. of the City of Rancho
Cucamonga and shall include his deputies.
°offtthat site,to the district
PRE DISTRICT: The act of designating, advance
City of
be applicable to o a site upon subsequent t n
Rancho Cucamonga.
PROJECT: The total development within the boundaries as defined on the
development plan.
PUBLIC FACILITY: A non - commercial use established primarily for the benefit
it is located, including a library, post
and enjoyment of the community sn which
center, and similar facilities.
office, museum, neighborhood
QUARRY: A place where rock, ore, stone and similar materials are excavated for
sale or for off -tract use.
for temporary parking and lining of motor vehicles while
QUEUE LINE: An area
awaiting a service or other activity.
R R£CREAT ?ON COMMERCIAL: A use providing recreation, amusement, or
theaters, bowling lanes, billiard
entertainment services, including indoor, such as
outdoor uses such as golf, tennis,
parlors, skating arenas, and similar services, and
similar services, operated on a private or far - profit basis.
basketball, baseball, and
RELIGIOUS INSTITUTION: A seminary, retreat, monastery, conference center, or
inolu�i ^.g accessory housing
similar use far the conduct of relio ous activities,
a private educational facility-
incidental thereto, but excluding
REPAIR: The reconstruction or renewal of any part of gr existing building for the
purpose of its :maintenance.
RESEARCH AND DEVELOPTviENT: A use engaged -:i study, testing, design,
prcsses, or services,
c_
analysis, and experimental development of products,
including incidental manufacturi ng of products or provision of services to others.
-35-
Section 1.14
RESIDENTIAL CARE FACILITY: Any family home, group care facility, or similar
facility for 24 -hour nca- medical care of persons in need of personal services,
supervision, or assistance essential for sustaining the actis: ties of daily living or
for the protection of the individual
RESTAURANT: A use providing preparation and retail sale of food sand beverages,
and including censed "on-sale" shops, ice cream parlors, and similar uses,
g provision of wine and beer for consumption on the
Premises when accessory to such food service.
RIGHT -OF -WAY: A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intep_ded to be occupied or occupied
by a road, crosswalk, railroad, electric transmission lines, oil or gas Pipeline,
water line, sanitary storm sever and other similar uses.
ROOM RECREATION: A single room in a main building or in an accessory
building designed and/or used exclusively for recreational purposes by the
occupants or guests of the premises.
RUBBISH: The word "rubbsh° includes but is not restricted to all non - reusable
waste dbris such as Paper, cardboard, grass, tree or shrub trimmings, rugs,
clothing, wood, or wood products, crockery, glass, rubber, metal. plastic,
construction waste and debris and other similar materials.
RUN WITH THE LAND: A covenant restriction to the use of land contained in a
deed and binding on the present and all future owners of the property.
S SCHOOL- BUSINESS OR TRADE: A use providing education or training in
business, commerce, language, or other similar activity or occupational pursuit.
and not otherwise defined as a home occupation, college or university, or pubiic or
Private educational facility.
SCHOOL ELEMENTARY AND HIGH: An institution of learning which offers
instruction in the several branches o learning and study required to be taught in
the Public schools by the Education Code of the State of California. High schools
include Junior and Senior.
SCHOOL, PAROCHIAL: A school supported and controlled by a church or
religious organization.
SCHOOL PRIVATE: Any building or group of buildings the use of which meets
state requi— ruts of primary, second
not secure the major part of its funding higher y go ernme to and which use does
� y governmental agency.
SCREENED: Shielded concealed, and effectively hidden from view by a person
standing at ground level on an abutting site, or outside the area or subject to
screened, by a fence, wall, hedge, berm, or similar architectural or landscape
feature.
SECOND DWELLING UNIT: A detached or attached dwelling unit which provides
complete, independent living facilities for one or more persons. It shall include
same provisions
pare for living, sleeping, eating, cooking, and sanitation on the
parcel or parcels as the primary unit is situated.
11
-36-
11
Section 1.14
SERVICE. AUTOMOTIVE: A use engaged in sale, rental, service, or major repair
of new or used automobiles, trucks, trailers, boats, motorcycles, ' p mopeds,
ds'
recreational vehicles, or other similar vehicles, inc.udi tire recs
body and fender repair, and engine, transmission, air conditioning, and glass repair
and replacement, and similar services.
SERVICE STATION: Ar. establishment offering the sale of gasoline, oil, minor
automotive accessories, and minor repair services for the operation of motor
vehicles, but not including painting, body work, steam cleaning, or major repairs.
SERVICE, TAKE-OUT: A feature or characteristic of eating and drinking services
which encourage or allow, on a regular basis, consumption of food and beverages
outside of a building, such as ira outdoor seating areas where regular table service
is not provided, in vehicles parked on the premises, of off the site.
SETBACK: The area between the setback line and property lire.
SETBACK LINE- A line within r. lot parallel to and measured from a
corresponding lot fine, forming the boundary of a required yard and governing the
placement of structures and uses on the lot.
SHOPPING CENTER: A group of commercal establishments, planned, developed,
owned, or managed as a unit, with off -street parking provided on the site.
SITE AREA: The net horizontal area included wit`o4 -i the boundary lines of a site,
not including the area within the established right-of-way of a public street,
future public street, or railroad, or any other area dedicated or to be dedicated
for a public use.
SITE PLAN: A pan, prepared to scale, showing accurately and with complete
me,-asiordng, all of the buildings, structures end uses and the exact manner of,
development proposed for a specific parcel of land.
SLOPE: The degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees.
SLOPE, AVERAGE: The average slope of a lot, expressed as a percent slope,
determined according to the following forma_
Contour Total length
0023 X interval
in feet in feet
of all contours
Slope = Acreage of parcel
SOLAR :.CCESS: A property owners right to have sunlight shine on his prop,'rtY-
SOUND LEVEL METER: An instrument meeting American National Standard
Institute's Standard 51.4 -1971 for Type 2 sound l3vel meters or an instrument and
the associated recording and analyzing equipment which will provide equivalent
data.
-37-
vcc uvaa a.a
SOUND PRESSURE LEVEL: A sound pressure level of a sound, in decibels, as
defined in ANSI Standards 51.201962 and 51.13 15;21; that is, twenty tines the
logarithm to the base ten of the ratio of the pressure of the sound to a reference
Ift
pressure, which reference pressure shall be explicitly stated.
STABLE. COMMERCIAL: A stable for horses, mules or ponies which are rented,
used or boarded on a commercial basis for compensation.
STABLE, PRIVATE: An accessory building for the keeping of horses, snules or
ponies owned by the occupants of the premises and not rented, used or boarded on
a commercial basis for compensation.
STOCK COOPERATIVE: I deans stock coocerativz as defined in S, etion 11003.2 of
the Business a.nd Professions Code: Property consisting of dwelling units ownd by
a corporation whereby shareholders receive a right of exclusing occupancy in a
portion of the real property owned by the corporation.
STORY: That portion of a building included between the surface of any floor and
the surface of any floor next above it, or if there be no floor above it, then the
space between. such floor and ceiling next above it.
STORY, HALF: A story with at least two (2) of its opposite sides meeting a
sloping roof, not more than two (2) feet abuve the floor of such story.
STREET: Any public or private thoroughfare with a width of twenty (20) feet or
more, which Offords a primary means of access to abutting property.
STREET LINE: The boundary line between a street and abutting property.
STREET PERIPHERAL: An existing street whose right -of -way is contiguous to
the exterior boundary o the subdivi_Cioa.
STREET, PRIVATE: A street in private ownership, not dadieated as a public
street, which provides the principal means of vehicular access to a property and
not to be construed to mean driveways, alleys, or parking areas.
STREET, PUBLIC: A street owned and maintained by the City, the County, or the
.state. The term includes streets offered for dedication which have been
improved, or for which a bonded improvement agreement is in effect.
STRUCTURAL ALTEEATIONS: Any change in the supporting mem:�ers of a
structure such as the bearing wails or partitions, columns, beams or girders.
STRUCTURE: Anything constructed or built. An edifice or building of any kind,
or any piece of work artificially built up or composed of parts Joined together in
some definite manner.
STRUCTURE, ACCESSORY: A subordinate building which is incidential and not
attached to the main building or use on the same lot. If an accessory building is
attached to the main building or if the roof is a continuation of the main building
roof, the accessory building shalt be considered an addition to the main building.
0
-38-
STRUCTURE. TEMPORARY: A structure without any foundation or footings and
hich is removed when the designated time period, activity, or use for which the
w
temporary structure was erected has ceased.
SUBDIVIDEP- A person, firm, corporation, partnership, or associate who proposes
to di— Tdivides, or causes to be divided real property into a subdivision for
himself or for others; except that employees and consultants of such persons or
entities, acting in such capacity, a: -e not "Subdividers ".
SUBDIVISION: The division of a lot, tract or parcel of land into two or more lots,
tracts, parcels or other divisions of land for sa.e, development or ease.
SUBDIVISION, CUSTOM LOT: A subdivision which creates parcels to be sold in an
undeveloped state to individual owners for development of not more than four
units per owner.
SUBDIVISION, TRACT: A subdivision which creates five or more parcels to 5e
developed as a whole by an owner or builder.
T TOT LOT: An improved and equipped play area for small children usually up to
eiementry school age.
TOW14HOUSE: A building subdivided into individual units such that each owner
owns the unit structure and thee land upo : \vhich.the unit is loc&'ed, plus a common
interest in the land upon which the t iilding is located.
TRAIL. COVZAUNrrY. A trail, generally 20 feet in ridth, which is a segment of a
1 planned trail systen, intended to link local feeder trails with the regional trait
system, and designed and iinproved for riding and hiking purposes.
11
TRAIL, EQUESTRIAN: A trail which is a segment of a planned trail system
designed, improved, and intended to be used for horseback riding purposes.
TRAIL. LOCAL FEEDER: A trail, generally 15 feet in width, which is a segment
of a planned trail system, intended to provide access to the rear of residential lots
Zrom the community or regional trail system, and designed and improved for riding
and hi;dng purposes.
TRAM, REGIONAL ,MULTI- PURPOSE: A trail, generally 30 feet in width and
located along flood control and utility corridors intended to connect residential
areas with regional parks, scenic canyons, the national forest, and other major
open spaces, and designed and improved 2or riding, hiking, and bicycling purposes.
TRAVEL TRAILER: it vehicle other than a motor vehicle, which is designed or
used for human habitation and for travel or recreational purposes which does not
at any time exceed eight (8) feet in width and forty (40) feet Sn length and which
may be moved upon a public highway without a special permit or chauffeur's
license or both without violating any provisions of the California Vehicle Code.
TRANSITIONAL AREA: An area which acts as a buffer between two land uses of
dilferant intensity.
-39-
0
V
main TERMINAL: r. lot, lot area or parcel of land used, designed or
erviciing for tphengpurpose of storing, parking, refueling, repairing, dispatching,
servicin or keeping motor trucks and associate equipment together with those
facilities necessary to service,- dispatch, store or msintain aforementioned
vehicles, their cargos and crews.
USE: The conduct of an activity, or the performance of a function or operation,on
a site or in h building or facility.
USE ACCESSORY: A use which is incidental to, and customarily associated with,
a specified principal use, and which meets the applicable conditions set forth in
this ordinance.
USE, DISCONTINUED: To cease or discontiiiae a use or activity, excluding
temPorary ro short -term interruptions to a use or activity duri.
remodeling, maintaining, or otherwise improving a facility. Periods of
USE, CHANGE OF: The replacement of an existing use by a new use, or a change
in the nature of an existinng use, but not including a change of ownership, tenancy,
name, or management where the previous nature of the use, line of business, Or
other function is substantially' - :changed.
USE, CONDITIONAL: A u.--e, listed by the regulations of any particular district as
a - onditional use within that district and allowable therein, solely on a
diz.-retionary and conditional basis, subject to DeveloomentlDesign Review or to a
Conditional Use permit, and to all other regulations established by this Code.
USE, DRIVE -IN- An establishment which by design, physical facilities, service, or
by Packaging procedures encourages or permits customers to receive services,
obtain goods, or be entertained while remaining in their motor vehicles.
USE, PERMITTED: A use listed by the regulation of any particular district as a
Permitted use within that district, and permitted Therein as a matter of right
when conducted in accord with the regulations established by this Ordinance.
USE. PRINCIPAL: A use which fulfills a primary function of a household,
establishment, institution, or other entity.
USE, TEMPORARY: A use established for a faced period of time with the intent
to discontinue such use upcn the expiration of the time period.
USE_ . TR NSMONAL A land use of an intermediate intensity between a more
intensive and less intensive use.
USE, SINGLE FAMILY. The use of a site for only one dwelling unit.
offers a c i COL:,EGE: An educational institution of higher learning which
offers a course of study designed to culminate in the issuance of a degree as
defined by Section 29002 of the Education Cede of the State of California, or
su--Cessor legislation.
VALUE OR VALUATION: The value of a building shad be the estimated cost to
replace the building in kind, based on current replacement costs.
-40-
E
CHAPTER 2
P$RNEM
action 2.1 Pt Ose '& Intent
This chapter contains the procedures and regulatory provisions necessary to administer
this Code in order to provide for land use consistency with the General Plan, regulate
uses which have the potential to adversely effect surrounding properties, promote a
visually attractive community, and provide flexibility in standards and requirements
when special circumstances exist.
Section 2.2 Permit Applications
A. Complete Applications
1. Complete Applications. Any application for a permit or entitlement
pursuant to this code, must be accepted as Complete for processing by the
City Planner in order to initiate the official review prose s. Standard
submittal requirements for each permit outlining the form and content of a
complete application shall be established by the City Planner. All required
materials, information and fees shall be provided by the applicant before the
application is complete for processing.
2. Check for Completness. Within thirty (30 ^alendar days after receipt of an
spplica pl
tion, the City anner snail review um VWu�-stir^• •� ==•° — -'
is complete fo processing and shall notify the applicepilt of such
determination. in addition to the standard submittal requirements. the City
Planner may request information necessary for the complete analysis of an
application.
3. Incomplete Applications. In the event an application is determined not ¢hose
complete, written notice shall be provided to the applicant specifying
portion: of the application which are incomplete. Said notice shall also
indicate the information and /or plans necessary to make the application
complete. VOOA fbf¢i$t bt t.,"ib f64AU d U16" tffui Ulf !i¢$TiO'"U tiff
fs utiiti6d AULU I61i ff ` etf4 di fbf f�tfig Its og or
tau U ai�wnihui sixty (60) days of the notice of bwomplete Ming- UPS
receipt of the required items by the City Piarnery the information shau be
reviewed for corpletenew and a determ �o o has completion � II��Q
within thirty (30) day- Once an applies
decision shall be made within arse (1) Jar.
8l fi ft id tfoo Elfin t fool IwA v+ Ulori igwik bt w Out AAf IA-A 66OUeAw
B. Denials
1. in the event that information needed for the masons shown below is not
provided by the applicant within the time limits specified by this section, the
City may deny a permit or entitlement for a development project to allow
time to obtain the needed information. information whose absence would
constitute a reason for such r. denial are-
-44
Sections 2.2 & 2.3
(a) Information wh-:n is to be supplied by the applicant and is necessary
to 2repare a lgally adequate environme-sx_al document;
(b) Information necessary to prepare a supplemental Environmental
Impact Report in com liaace with the Public Resources Code, Section
21166; or
(c) Information without which the City's decision to approve a project
Hould not be supported by substantial evidence.
2. Denial for the above reasons may be deemed by the City to be a denial
without prejudice to the applicant's right to reapply for the same permit.
Section 2.3 Conditional Use Permits
A. Purpose and Intent. The purpose of these regulations are to create flexibility
necessary to achieve the objectives of the Development Code and General Plan
Selected uses in each district are allowed only subject to the granting of a
Conditional Use Permit, because of *heir unique site development requirements
and operating characteristics, which -squire special consideration in order to
operate in a manner compatible with surrounding uses. The Conditional Use
Permit process is intended to afford an oppartmity fcz broad public review and
evaluation of these requirements and characteristics, to provide adequate
mitigation of any potentially adverse impacts, and to ensure that all site
development regulations and performance standards are provided in accordance
with the Development Code.
B. Authority. The Pl2zning Commission is autl%ori -e to grant Conditional Use
Permits to achieve these purposes as prescribed in accordance with the procedure
in this Section and impose reasonable conditions. Conditions may include, but
shall not be limited to, requirements for special yards, open spaces, buffers,
fences, wails, ani screening; requirements for installation and maintenance of
landscaping and erosion control measures; requirements for street improvements
and dedications, re2alatinn of vehicular ingress and egr_!ss, and traffic circulation;
reguLati= of signs; regulation a' hours or other characteristics of operation-
recuiremenits for maintenance of landscaping and other improvements;
es1Eab3 :' „gent of development schedules or time limits for performance or
eomPiet:on; requ remerts for periodical review by the Planning Commission; and
such -*her conditions as the Commission may deem necessary to ensure
compatibility with surrounding uses, to preserve the public health, safety, and
welfare, a d to enable the Commissio,-n to make the findings required by Section.
2.s £
C. ApDlicatian
1. An apph ation for a Conditional Use Permit shall be filed with the Planairr;
Division in u manner prescribed by the City Planner.
2. ondit:onal Use Permit applications involving new construction requ .s the
review of development plans as provided for in Chapter 3 of this title.
11
-43-
11
Section 2.3
D. public gearing, The planning Commission shall hold a Public Hearing on each
aaplica ±ion for a Conditional Use Permit. The hearing shall be set and r_otice
given as prescribed in Section 1.122 Public Hearings.
E. Findings Before approving a Conditional Use Permit, the Planning Commission
,,hail make certain findings that the circumstances prescribed below do apply:
1. That the proposed use is in ancord wit!, the General Plan, the objectivoc of
the Development Code, and the psrpcsez of the district in which the site is
located.
2.
.hat the proposed use, together with the conditions applicable thereto, Will
not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
3. That t5e proposed use complies with each of the applicable provisions of the
Development Code.
?fuetiit° 7Di U
I; Tu deiiiiflfi tdf Ale YtdMbit zt dd S:if1i lbe effeEtlai>: 1A idJtWO dd7Pi
#ifif 06 dtM Of 06 deiMdti d#Mtt" fe 00 OU* 4-60 Wes
16M -40lud JA Seefid!t 1181 4$0"
F. Pre - existing Conditional Uses /Permits
1. A use legally established prior to the effective date of this Code or prior to
the effective date of subsequent amendments to the n.gulations or district
boundaries shall be deemed a pre-
existing conditional use. Such uses may continue in ac^_ordance with Section
1.13 Non- Conforming Uses), Ezo provided that the use is operated and
maintained in compliance with the conditions prescribed at the time of its
establishment, if any.
2. Alteration, expansion, or reconstruction of a building housing a pre - existing
conditional use shall comply with Section 1.13, regulating non - conforming
uses, until such time that a Conditional Use Permit is granted as provided in
this Section.
341 Etifbteed�e�ii
11 Fasfdi��bdf �Ki,>x ldb i� ttfedtdaii� � � $d F.ital6Jf€Hed i.-i
Siefi>;d 1;181 �ddi Edfdfee�ir�f ft6f d >fidJstild�t idf t+�� �$tie>41d1e �i3tidri 6f
fj1Y�,,,i,f ��S��f( t(}*f113brty {.b�i/�{fp{�{�r��p�b,(�fd ��� sit i'ddditiditt +flf d�pfb��U et
m jj1�5g`Y_.(YSYVi.F �- ��F`!'1j
lte�isi4n$ Yziwufie� y6ly
J.i 0096yd t[fid VW FCU1Vi� iI +MF Iv% M SVf %'FJ1LF � '• H �:K7T'.%
of ii16J M%" hi Se¢fidd 1171
-44-
U
LA
E,
G. RsvWws/Modifieatiars- RevLAGM or modifications of Condition'. Else Permie
can be requested by the applicant or the Piaue£ng Commission may pe y
review, modify or revoke a Corditioral Use Permit.
1. R¢ ,WWMod£ficaUc ns by appUcwd- A reor%on. or modification to an
approved Canditiowl Use Permit such as, but not hm£t2d to, change ue
conditions, e.,tjW=ans, intaw-dricattons MUM4 o Such operation, , or
dMWe of ownerships ma.y be � F. The ePPh� shsP
be processed as described in Sections
3uppIy necessary information as determined by the City, to indicate reason
for the requested dwWW.
_ by ? Commission- The Planting Commission may Per' -od�uY
2 review any Con iticna Use Peanut to ensure teat it is being operated i-I a
vide conditions of approv aI a in n roo==mer
'miner consistent welfare, or rnateriaIIy injurious
detrimer sa ntul to the public hecJU4 feh'' or
to properties in five vicinit -j. if, after reviev, the CommEssnen deems that
firers is suffcisnt evWence to =arrant a fun emmation, the=n a public
heararg dsta shall be set.
a. A[odtfwatian or Revocative by the Planning Comm£ssfan. After settling a
date for Pic hen>'ng ns described in Subsection 2 abaVe, the City P�aseer
shall ratify the applicant Ord owners of the CUP in qmmt�o' Such'tice
sl.til be se=nt by certified mail and VOU state Vint the Commission vril be
aLw
revievung the CUP for Possible =modification or re=vocation- It 11212 be
state the date, time and place of - The' public hearing
conducted and notice given in accordance with won 1.12.
The City PbMw awn fnuUy mvestigate tt7e evidence W d prepare a rely
for the a mmissioa's cwmderstuxu Upon co=nclusion of the public hearing,
the Comm&do n 31012 render a decisiar --. to da OW of the fonavia:g measums:
(a;) F'ud fiat the CrjP is being conducted in on appropriate matter and
trait no actimn to modify or revoke is necessary; or'i
(b) F£nd that the CUP is not beiV conducted in an apProlric" manner
and that awdituxrtions to conditions are necessary; air,
(c) Find that the CUP is not beiV conducted in an aporopiqate manner
and they modir ations we not available to mitigate
therefore revokes the Permit which requires the oPeroton to cease
and desist in the time arioted by the Commission-
If the Plaatung Commission either modifies or revokes a CUP, lien=s they
sha12 state reasons for such action withi=n the re3oiuiirNu
H. New Agestion� fouow -ig Denial _ or Revocation. Fr'.owing the denial or
revocation o a Conditional Use Permit application, no application for a
Conditional Use Permit for the sa-.ae or substantially the same use of the same or
substantially the same site shall be filed within one year from the date of denial
or revocation.
-45-
Section 2.4
Section 2.4 Variances
A. Puroose and Intent. The par;.a of this Section is to provide flexibility from the
strict application of daveloj•ment f4,9AU06id stanc£ny+ds when special
circumstances pertaining to the property such as size, shape, topography, or
location deprives suc,i property of privileges enjoyed by other property in the
vicinity and in the same district, (consistent with the objectives of the
Development Code). Any Variance granted shall be subject to such conditions as
will assure that the adjustment thereby authorized shall not constitute a grant of
special privileges ins nsistent with the limitations upon other properties in the
vicinity and district in which such property iV situated.
B. Authority
1. The Planning Commission is authorized to grant Variances to achieve these
purposes as prescribed in accordance with the procedure in this Section, with
respect to development standards such as but not United to fences, walls,
hedges, screening, and landscaping; site area, width- and depth; front, rear
and side yards; coverage; height of structures; landscaping; `:sable open
space; perforrna :ice standards; and on -street and off-street parting end
loading facilities and impose reasonable cond =lions. Conditions may incl:nde,
but shall not be limited to, requirements for special yards, open spaces,
buffers, fences, wads, and screening; requirements for inst3liation and
maintenance of landscaping and erosion control measures; req e • -�ments for
street improvements and dedications, regulation of vehicular ingress and
egress, and traffic circulation; regulation of signs, regulation of hours or
other characteristics of operation; requ'remen:ts for maintenance of
landscaping and other improvements; establishment of development
schedules or time limits for performance or ecmpletion; reoairemen�s for
periodical review by the Planning Commission, and such othe * conditions as
the Commission may deem necessary to ensure corny atibility with
surrounding uses, to preserve the public health, safety, and Nrelfare, and to
enable the Commission to make the findings eequired by Sec +ion 2.4 E.
2. The power to grant Variances does not extend 'co use regulations. Flexibility
to ttb use regulations is provided ptimant to Section 2.3 (Conditional Use
Permit) and Section 1.4 (Use Determina +ion).
C. Application. An application fcr a Variance shall be Wed with the Panning
Division in a form prescribed by the City Flamer.
D. Public Hear' 7tv- Planning Commission stsall hold a public hearing on each
applicaaon fora Vd -iance. The hearing shall be set and notice given as prescribed
in Section 1.12 (Public Hearings).
E, Pi-XI'MRS
1. Before granting a Variance, the Planning Commission shall make the
following findings that the circumstances prescribed below do apply:
(a) That strict or literal interpretation and enforcement of the specified
regulation would res -.dt in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this Code.
-46-
Section 2.4
(b) That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use
of the property that do not apply generally to other, the in the
same zone.
(c) That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone.
(d) That the granting of the Variance will not constitute a grant of
special privilege inconsistent with the limitations on other properties
in the cnrSLP zone.
(e) That the granting of the Variance w:L1 not be detrimental to the
public health, safety, or welfare, or materially injurious to properties
or improvements in the vicic:ity.
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2. Parking. The Pbus* g Conunbsion may grant a -uarianc8 in order that some
ar -II of the rer.,Ated parkbig spaces be located off -site, �hdIng locations
in other, lot-1 jurisdictions, or that in-neu fees or facalfties be pnvvi ied
ira teed of tho required panting spaces, if both the fOUOwM COMdiorss are
met -
(a) nw vGriance will be an imcerntiw to, and a benefit for, the
MMesidential development-
(b)
facilitate acc8W to l by
PabVW of FJNic Vamtf cues, p �y guideway facilities.
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-47-
Section 2.5
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F. New A lications Follow* Denial df Rdib"+lidd. Following the denial or
revocation ot a Variance application, no appL.cathon for the same or substantially
the same Variance on the same or substantially the same site shall be filed within
one y e—e* of thn riato Of riani,rl Or rgvpGation.
Section 2.5 WMor XliMA" S2ceyb —'M
A. Purpose and Intent. In order to provide flexibility necessary to achieve the
objectives of the Development Code, selected site development reguiatio and
applicable off - street parlring requirements are subject to Administrative review
and adjustment in those circumstances where such adjustment will be compatible
with adjoining uses, and consistent with the goals and objectives of the General
Plan and intent of this Code.
B. Authority
1. To achieve Viese purposes, the City Planner is authorized to grant a Minor
y0X6A0E=eptiWt for the foft-x4np raaaons a ¢iijAdfl664 in accordance
with the procedures in this Section and to impose reasonable conditions.
Conditions may include, but shall not be limited te, requirements for special
yards, open spaces, buffers, fences, wails, and screening; requirements for
installation and maintenance of landscaping and erosion control measures;
requirements for street improvements and dedications, regulation of
veh-icular ingress and egress, and traffic circulation; regulation of signs;
regulation of hours or other characteristics of operation; requirements for
maintenance of iandsc aping and other improvements; establishment of
development schedules or time limits for performance or completion;
requirements for perioclical review by the City Planner; and such other
conditions as the City Planner may deem necessary to ensure compatibility
with surrounding uses, to preserve the public health, safety, and welfare, and
to enal*tle the City Plamner to make the findings required by Section 2.5 F.
(a) Fence Height. In any district the maximum height of any fence, wall,
hedge or equivalent screening may be increased by a maximum two (2)
feet, where the topography of sloping sites or a difference in grade
between adjoining sites warrants such increase in height to maintain a
level of privaev, or tc maintain effectiveness of screening, as
generally provided by such fence, wall, hedge or screening in similar
_ ircumstances.
®A
-48-
Section 2.5
(b) Setbacks. In any Residential district, the City Planner may decrease
the minimum setback by not more than ten (10%) percent where the
proposed set'✓ :c : area or yard is in character with the su:rroWiding
neighborhood and is not required as an essential open space or
rezreational amenity to the use of the site, and where such decrease
will not ur.Seasorably affect abutting cites.
(c) Lot Coverage, in any Residential district, the City Planner may
increase the maxirnum lot coverage by not more than ten (10 %)
percent of the lot area, where such increases are necessary for
significantly improved site planning or architectural design, creation
or maintenance of views, or otherwise facilitate highly desirable
features or sme:'ties, and where such increase will not unreasonably
affect abutting sites.
(d) Off -Site Parlor. . The City Planner may authorize & ma,dmum
twenty-five 25 %) percent of the required parting for a use to be
located on a site not more than 300 feet from the site of the use for
which such parting is required, where in his judgement such off -site
parking will serve the use equally as effectively and conveniently as
providing such parking on the same site as the use for which it is
required. The City Planner mey require condidons as deemed
necessary to ensure utility, availabHity, and maintenance of such joint
use of off -site parking facilities.
(e) On -Site Parids The City Planner may authorize a maximum
twenty -five (25 %) percent reduction in the required on-site parking
requirements when it is proven that it will not result in a traffic
hazard or impact the necessary parking for the use.
(f) Height. In any district the City Planner may authorize a ten (10%)
percent increase in the maximum height limitation. Such increases
may be approved 'where necessary to significantly improve the site
plan or architectural design, and where scenic views or solar access
on surrounding propertiie; are not affected.
C. Applocatian. An application for a minor varian.'e shall be filed with the Planning
r
Division, . a form prescribed by the City Planner.
D. Notifuatunu The City planner shall notify the applicant and cordigmous MWOrLY
owners diff-cther interested parVes by certified mail ten. (10) days prior to the
City PUmniW decision the City Planner has the authority to approve. Said
notice shall state the fGgov+W
1. Requested action
g. Location of requested action
& Name and address (parcel and Lot number) of applicant
4. Date after which a decfsian will be made on application
& Name of City Planner and telep xne number of City HalL
M-1-111
Section 2.5
E. Fin! i . The City Planner shaA make the following findings when approving an
application for a Minor allance.
1. That strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or u_*mecessary phyzcal
h!trdship inconsistent with the objectives of the General Plan and in'ent of
the Development Code.
2. That there are exceptional circumstances or cc- editions applicable , the
property involved or to the intended use of the property that do not apply
generally to other properties in the same district.
3. That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of previleges enjoyed by other
property owners in the same district.
4. That the granting of the Minor YOiAAH ExGep2 M will not constitu�e a
grant of special privilege inconsistent with the limitations on other
properties classified n the same district, and will not be detrimental to the
public hearth, safety, or welfare, or materially injurious to properties or
improvements hi the vicinity.
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F.
New Applications following Denial cr Revocation
1. Following the denial or revocation of a Minor Deviation no application f-
the game or substantially the same Minor Deviation on the same
substantially the same site shall be filed within one year from the date of
denial or revocation.
13
-50-
Section 2.6
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A. Purpo".e and Intent ThE intent of >hese regu_ations are to assure that Home
Occuoations in residential neighborhocfG, under conditions, be compatible with the
surrounding neighborhood character.
B. Authority The City PlMler i authorized to approve, im, cze reasonable
conKtions upon such approval, or deny such requests.
C. 1lrandatory Conditions for Operation of Home Occupations Home occupations may
! nermitted on property urea or residential purposes based on the following
conditions:
1. The use of the dwelling fc- such home accupstion shall be clearly incidental
and subordinate to its use for *esidenti:i purposes by its inhabitants -
2. No persons, other than members of :he family who reside on the premises,
shall be engaged in such activity-
3. There shall be no change in the outward appearance of the bUa(:: -7g or
premises, or Wier visible evidence of the activity.
is 4. There shall be no sales of products on the premises, except produce (fruit or
vegetables) grown on the subject property.
5. The use shall not allow customers or clientele to visit dwellings. However,
incidental uses such as music lessons, and the sale of fruits and vegetables
may be permitted if the intensity of such instruction is approved by the City
Planner.
11
6. No equipment or processes shall be used on the subject property which
creates noise, smoke, glare, fumes, odor, vibration, electrical, radio or
television interference disruptive to surrounding properties-
7. No home occupation shall be conducted in an accessory building. Normal use
of the garage may be permitted if such use does not obs*suct required
parking.
g. Not more than 15% of the total square footage for the dwelling or one room
of tiae dwelling, whichever is less, shall be used for the home occupatioi,.
g. The use shall not involve storage of materials or supplies in an accessory
building or outside any structures.
10. Use of the United States Postal Service in conjunction with tlsa home
occupation shall be done by means of a post office box.
-51-
Section 2.6
11. No signs shall be disi+layed in conjunction with the hone occupation and
there shall be no advertising using the home address.
12, A home occupation - permit is not vaUd until a current City business license is
obtained.
13. The use shall net involve the use of -commercial vehicles for delivery of
materials to or from the premises, other than a vehicle not to exceed a
capacity of 11/2 ton, owned by the operator of such home occupation.
14. If an applicant is not the fined s 8 ewepr from the ownerr� rooccupation uch use
to be conducted, then a sign
of the dwellirg must be submitted with the application.
D. Application Applications for a home occupation shall be filed with the Planning
Division in r manner prescribed by the City P'.amer.
g, Procedure for Approval U n acceptance of a home occupation application, the
City Planner shall review the request for compliar a with the above corditians-
Following a 5 day review period, We City Planner shall render a aecisio:. The
decision shall clearly state, in writing, any conditions of approval u; reas3ns for
denial >adddd 006ri trii 40""" fifiaftA XMW 0001
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City Business License ReQuir went
1. Immediately following the effective date of an approved home occupation,
when no appeal has bey filed, the apo` =cant shall obtain a City Business
License.
2. City business licenses expire on a yearly basis. If the business license is not
reviewed %Rhin thirty (30) days after expiration, then the home occupation
permit shall become null and void.
-52-
E
0
C
Section 2.7
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G. New A. lications follcwi Denial dt Rk OtlW4' lr Following the denial df
o a home occupation permit, no application for a home occupation
permit for the same or substantially the same occupation on the same site shall be
filed within ore (1) year from the date of denial bf r6*6 .UOV
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Section 8.7 Temporary UT
A. Pur>ose and Intent. The purpose of this Section is to control and regulate land use
activi ie a temporary nature 1fdd, which may adversely effe^_t the public
health, safety, and welfare. The in is to ensure that temporary uses will be
compatible with surrounding land uses, to protect the rights of adjacent residences
and land owners, and to minimize any adverse effects on surrounding properties
and the environment.
B. Authority. The City Planner is authorized to approve, conditionally approve with
reasonable conditions or to deny such request. The City Planner may establish
conditions and limitations, including but not limited to hours of operation,
provision of parking areas, signing and lighting' traffic circulation and access,
temporary or permanent site improvements, ar 3 other measures necessary to
minimize detrimental effects on surrounding prop -ties.
The City Planner also may require a cash deposit or cash bond to defray leav cos
hs
of cleanup of a site by the City in the event the applicant
property in a presentable and satisfactory ondition, or to guarantee removal
and/or reconve -lion of any temporary use to a oerr,ranent use allowed lit the
subject district.
C. Temporary Use Permit. An application for a Temper -'ary Use Permit shall be
required for the following activities and shsll be subject to conditions estcblished
herein and sny other additional conditions as may be presec'rbed by the City
Planner.
1. Parkin lot and sidewalk sales located within commercially designated
properties. Such uses shall be subiectto the Commercial and sign regulations
r
contained within Chapter 5 and Title ..4 of the Niunici al Code, respectively.
2. Outdoor art and craft shr.as and exhibits, subject to not more than 15 days
of operation or exhibition in any 90-day period.
-53-
Section '.7
3. Si�xsonal retail sale of agricultural Products raised on the premises, limited
in a calendar year and when parking and access is
to periods of 90 days
provided to the satisfaction of the City Plsrner. A minimucn of ten (10) off-
provided d to to spaces shellbe provided -o&.h provisions for controlled ingress
and egress to the satisfaction of the City Planner.
4. R ligiout patriotic, historic or similar displaY�
or exhibits within yards,
parking areas, or landscapes areas, subject to not orn e`t a 15 days of
display in any SO -day period for each exhibit
5. Christmas tree or similar sales lots subject to the following guidelines and
conditions:
calendar
(a) A1; icy uses shall be limited to 30 days of operation per
year.
(bl a lighting shall be directed away from and shielded from adjacent
residential areas.
6.
(a) All such uses shall be limit. d to not more than 15 days cif operation u:
any 180 -say period. To exceed this time limitation shall require Vie
review and approval of a Conditional Use Permit as prescribed in
Section: ` -P_3.
(b) Ail s.-ch activities shaIl have a minimum setback 100 tc� feet r any
s
residential area. 1T'y��'
cjg nim no adveras imps
(c) Adequate Provisions for traffic circa" .Lion, off - sheet parking. and
pedestrian safety shall be provided to the satisfaction of the City
Planner.
(d) S¢$I.faifb 41AId m
JJd fidndIJ Restroos shall be prov:ned,
(e) SeLurity personnel shall be provided.
(:) Special, &singnated perking accommodati amusement
enterprise workers and support vehicles shall P rovided.
(g) Noise attenuation for generators and carnival rides shall be provided
to ti--,e satisfaction of the City Planner.
7. :Model lion_• Model homes may be used as offices solely for the first sale
of homes within a recu ied tract subject to the following conditions:
(a) The sales office may be located ir. a garage, trailer or dweli.ng.
-54-
11
r
A
Section 2 i
(b) Approval shall be for a two-year period, at which time the sales
® office use shall be terminated.and the structure restored back to its
j� original condition. Extensions may t;e granted by the City Planner in
one year increments up to a rnaorLmLur: of four (4) years or urttil ninety
(90) Ott of the development Is so:d: which ever is less.
(c) TW A cash deposit, letter of credit, or any security determined
satisfactory to the City shall be submitted to the City of Rancho
Cucamonga, ir. an amount to be set by Council Resolution, to ensure
the restoration or remawl of the structure.
(d) The sales office is to be used only for transaetiors involving the sale,
rent or lease of lots andtor structures within the trait in which the
sales office is located, or contiguous tracts.
(e) Failure to terminate sales office and restore structure or failure to
apply for an extension on or before the expiration date will result in
forfeiture of the cash deposit, a halt in furt`xer construction or
inspection activity on the project site, and enforcement action to
ensure restoration of structure.
(f) Street improvements and temporary off-street parking Ai4it
idxpfdxi dxE ct a Rate of taco (2) spaces per model shalt be
completed to the satisfaction of the City Engineer and City Planner
prior to commencement of sales activities or the display of model
homes.
® (o) An fences ptnposed in tionjuaction with the model homes and sales
1� cffice shall be located outside of the p It lie right -of -way.
(h) Flags, pennants, or other on -site adverb _ng sha11 be regulated
Pursuant to MOW the Sign Regulations of the Municipal
Code.
(i) Use of signs shalt require submission of a sign permit application for
review and approval by the Planning Divisi.m prior to installation.
8. Trailer coaches or mobile homes on active construction sites for use as a
IS z4#s
61UO4 Baia f ta" aSfff4f temporary living darters fair
security personnel, or temporary residence of Zhe subject property owner.
The following restrictions shall apply:
(a) The City Planner may approve a temporary trailer for the duration of
the construction project or for a spe• "_%�d perioa, It .I in no event for
moee than two (::) years. If eyx--p Tonal circumstances exist, a one (1)
year extension may be granted, provided that the building permit for
the first permanent dwelling or structure on the same site has also
been extended.
(b) Installation of trailer coaches may occur only after
Division.
uilding
permit has been issued by the City Building y
11
-55-
Section 2.7
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(c) Trailer coaches permitted pursuant to this section shall not exceed a
ma,ai,aum gross square footage of six hundred fifty (650) square feet
in size (tongue not included).
(d) Tae trailer coach must have a valid California vehicle license and
snall provide evidence of State Division of Housing approval as
prescribed in the Health and Safety Code of the State of California.
A recreational vehicle being defined as a motorhome, travel trailer,
truck camper or camping trailer, with or without motive power, shall
not be permitted pursuant to this section.
(e) The temporary trailer coach installation must meet all requirements
and regulations of the County Department of Environmental Health
Services and the City Building and Safety Division.
(f) Any permit issued pursuant to this section in eo ^ :;u►ction with a
construction protect shall become invalid upon cancellation or
completion of the building permit for which this use has been
approved, or the expiration of the time for which the approval has
been granted.
9. Other uses and activitie`, similar to the above as deemed appropriate by the
City Planner.
yj. Application. Applications for a temporary use permit shall be filed with the
Planning Div -ion in a manner prescribed by the City Planner,
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F. New Applications following Denial of RH660611 Following the denial Of
fi of u Temporary Use Permit application, nc application for a Temporary
Use Pe -snit for the same or substantially the same use or the same or substantially
the same site shall be filed within one year f r-�m the date of denial 6t M,$64A06&
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-56-
11
11
CHAPTER 3
LAND DI WLOPMENT REVIEW
Sa tion 3.1 Devel m -jam Review
A. Puroose and Intent
1. This section establishes the review procedures for resi-lential commercial
industrial, tend institutional development proposals to facilitate project
review by local responsible agencies and the Development /Deai3n Review
Committees in a timely and efficient manner, to ensure that development
s, standards, and
pr
ajects comply with all applicable local design guideline
,,-•dinances; to minimize adverze effects on surrounding properties and the
environment; and are consistent with the General Plan which promotes high
aesthetic and fan.tional standards to complement and add to the physical
economic, and social character of Ran. ^ho Cucamonga.
2. In addition, tLe City finds that a Development/Design Review process will
support the implementation of the General Plan, as it stresses quality
community design standards. The City further finds that the quality of
certain residential institutional, commercial, and industrial uses has a
substantial impact upon the visual appeal environmental s oundness,
economic stability, and property values of the City. This Section is not
intended to restrict imagination, innovation or variety, but rather to focus
on community design principles which can result in creative imaginative
solutions for the project and a quality design for the City. It is, therefore,
die purpose of this Section to:
(a) Recognize the interdependence of land values and aesthetics and
provide a method by which the City may implement this
interdependence to its benefit.
(b) Encourage the orderly and harmonious appearance of structures atu9
property within the City along with associated facilitiess stich as
signs, landscaping, parking areas, and streets.
(c) Maintain the public health, safety and general welfare, and property
throughout the City.
(d) Assist private and public developments to be riore cognizant c•f public
concerns for the aesthetics of development.
(e) Reasonably ensure that new developments, including residential
institutional commercial and industrib! developments, do not have an
%e,vexse aesthetic, health, safety or architecturally related impact
uoon existing adjoining properties, or the City in general.
(f) implement those sections of the City's General Plan which
specifically refer to the preservation and enhancement of the
particular character and unique assets of this City and its harmonious
development.
-57-
Section 3.1
(g) minimizing the effects of grading by discouraging mass grading and
excessive slopes to ensure that the natural character of terrain is
retained.
(h) Preserving significant topographic features, including rock
outcroppings, native plant materials and natural hydrology wt also
encouraging improved drainage from lots directely to a street, storm
drain, or through public or privately maintained easement.
(i) Limiting the impact of slopes on adjacent developed properties and
limit construction on identified seismic or geologic hazard areas.
(j) Encouraging the use o'I a variety of housing styles, splitlevel grading
techniques, varied lot sizes, site design densities, maintenance of
eiews and arrangement ani spacing to accomplish grading policies.
(k) To help emcee chat adequate school facilities for all existing and
fuAos residential dewelopment in Ow City are peavided.
(p To help insure that aedegwte levels of laic services are provided for
existing anrrI fwb" development in the City.
(m) To encourage orderly development of residences within areas more
wily 3mv d by pubic services.
(re To encourage tiro development of master pkpwd projects which
provide the service needs of the remdents of these P%iects.
(o) To encourage use of energy conservation techniques in new residential
development.
E. Projects Requiring Development /Design Review
1. An application for Development /Design Review is required for commercial,
industrial, institutional, and residential projects with fddf 1c(Fi five (S) or more
dwelli units (See Section .3 ), involving the issuance of a building permit
or construction or reconstruction of a structure which :meets the following
criteria:
(a) New construction on vacant property.
(b) Structural additions or new buildings which are equal to 50% of the
floor area of existing on -site building(s), or have a minimum 10,000 sq.
ft. in size.
(c) Reconstruction projects which are equal to 50% of the floor area of
existing on -site building(s), or have a minimum 10,000 sq. ft. in size,
(d) Projects involving a substantial change or intensification of land use,
such as the conversion of an existing building to a restaurant, or the
conversion of a residential structure to an office or commercial use.
:J
i -1 -M
11
Section 3.1
2. Projects of a limited size and scope which do not meet the above criteria
may require an application fcr rdinor Development Review as defined in
Section 3.2.
Z. Residential construction Involving four (4) or less dwelling units orre subject
to Design Review. The City Plaraner shill review tim project for compliance
with the design comdderdtiOw tgratairtal in Section 3.I & The City Plawter
may request modifications based on the demgrn cra --ma or may refer the
project to the Des4pn Review Committce.
C. Authority
1. Ptaruung Commission Review.- Developnnent /Design Review applications
which meet any of the ,ollowi% criteria shall require review and
consideration by the Planning Co r_�rinsion:
(a) Any project being proposecr along Foothill Boulevard, Haven Avenue,
or any other Special Boulevards, as described on the General Plan; and
(b) Projects which fall within the sensitive land use areas, or sensitive
environmental StddP areas; and
(c) All projects which are master planned. As prescribed in Chapter 11,
Master Plans, once the master plan has been approved by the Planning
Commission and does not fall on a special boulevard may be approved
by the City Planner.
(d) All additions that exceed 50% of the existing structure and meet
requirements of 1 and 2 shall require Planning Commission approval-
(e) All projects requiring an EIR shall require Planning Commission
reviews.
(f) All residential projects of more than four (4, dwelling units.
The planning Commission is authorized to approve or deny applications and
to impose reasonable conditions upon such approval, subject to the right of
appeal. Conditions may include, but shall not be limited to requirements for
open spaces, screening and buffering of adjacent properties, fences, w-
walls; requirements for installation and maintenance of landscaping a
erosion control measures; requirements for street improvements and
dedications, regulation of vehicular ingress and egress, and traffic
circulation; ragula *ion of signs; regulation of hours or other characteristics
of operation; requirements for maintenance of landscaping and other
improvements; establishment for maintenance of landscaping and other
improvements; establishment of development schedules or time limits for
performance or completion; and such other conditions as the Commission
may deem necessary to ensure compatibility with surrounding uses, to
preserve the public health, safety, and welfare, and to enable the
Commission to make the findings required by Section 3.2 F.
—59-
Section 3.1
2. Ctity Pl amer Review: Development!Design Review applications which do
not require Planning Commission review as described above shall be subject
to review and approval by the City Planner. Although, if in the opinion of
the City Planner the :application involves inuszal. site development
requirements or uni lie o erati characteristies or raises Guest :oils of
development policy substantia;ly more si " icant tlian generally pertain to
applications for development review and which require Planning Commission
consideration, the City Planner shall refer the application to the Planning
Commission.
The City Planner may, contingent upon environmental clearance by the
Planning Commission, grant approval or grant approval in a modified form or
subject to conditions, or may deny the application. Conditions may include,
but shall not be limited to; requirements for open spaces, screening and
buffering of adjacent properties, fences and walls; requirements for
installation and maintenance of landscaping and erosion control measures;
requirements for street improvements and dedications, regulation of
vehicular ingress, egress, and 'traffic circulation; regulation of signs;
regulation of hours or other characteristics of operation; requirements for
maintenance of landscaping and other improvements; establishment of
development s&.edules or time limits ".x performance or completion; and
such other conditions as the City Plannex may deem necessary to insure
compatibility with surrounding uses, to preserve the public health, safety,
and welfare, and to enable the City Planner to make the findings required by
Section 3.2 F.
3. The Development, Design and Grading Review Committes:s are hereby
established to be advisory to the planning Commission and the City Planner
in areas of Development, Design and Grading issues.
D. Application An application for Development/Design P.° -view shall be filed with
the P:annuig Division in a manner prescribed by the City Planner.
E. Development /Design Review Procedure
1. Scheduling for Committee Review. Upor. acceptance of a complete
application for Development Review, a project shall be set on the fist
available agenda for Committee reviews. The Committees meet twice a
W,6¢jk month with the exact times and dates determined by the City
Planner. The applicant and till JAW "t" $00"Cny persm teqveuthv
notice will be notified at least ten (10) days prior to the meetings.
2. All development proposals submitted pursuant to this Section are initially
reviewed by the Development, Design, and Grading Committees. (1) (Design
Review Committee) architecture and site planning; (2) (Grading Committee)
grading and drainage; an' (3) (Development Review Committee) compliance
with technical code requirements. Each committee shall make a recommendation on each project for consideration by - Planning
Commission or City Planner, if applicable.
0
ZIM
E
Section 3.1
3. Desiy,_Review Committee. The Design Review Committee shall comprise
of three members. One shall be the City Planner and two shall be members
of V. a Planning Commission. The Planning Commission :ihr:li elect two of its
members to the Design Review Con,.. °ttee. The City Planner shall be the
secretary of the DRC. Of the first two coll....'- `— members appointed, one
shall have a term of six months and the other shall have term of twelve
months. Thereafter, all terms shall be twelve months. The Design Review
Committee slad meet as needed. The time and place of suet, meeting shall
be set by resolution of the Planning Commission. Review and a.Wysis by the
Design Review Committee will consider design elements, such as, but not
limited to, compatibility of the project to surrounding properties;
relationship of the design and layout of the project to the site; a chitectural
design and use of materials; b ading; landscaping; screening an i buffering
techniques of adjacent properties; signs; and open space. This = ommittee
will determine if the project adequately meets City design guidelines and
standards, and will &Ginn ft an approPriaw reconta aukrtion t eMw the
City Planter or Plo>'ati W Commission. If at 4010 " 1'600f 'N' flit
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if the project is found to be not acceptable by the Committee, the City
Planner will inform the applicant of the design issues and may suggest
possible alternatives which would improve the design of the project. The
Committee will then direct the applicant to return to the Committee with
the revisions and/or work with Staff to resolve the concerns prior to final
approval by either the Planning Commission or City Planner.
The Design Review Committee shall, in review of projects covered by this
Section, consider such design aspects as the relationship of building to site;
the relationship of building and site to surrounding area; landscape and site
treatment; building design and materials; signs; and miscellaneous structures
and street furniture. The recommendation of the Design Review Committee
will be based upon the project conforming to the following criteria:
(a) The Design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan and any adopted
`architectural criteria for specialized area, such as designated historic
districts, theme areas, specific plans, comnnunity plan, boulevards, or
planned developments.
(b) The design, and layout of the proposed development will not
unreasonably interfere with the use and enjoyment of neighboring
existing or future developments, and will not create traffic or
pedestrian hazards.
(c) The architectural design of the proposed development is compatible
with the nharacter of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
this Section arid the General Plan of the City.
�1-
Section 3.1
(e) Within residential developments, grading magi. be planned in such a
way so as to preserve and enhance vistas, particulariy those seen from
public places. Also, natural ridgelines must be reserved as a backdrop
V
or homes and units must be plotted to conceal created slopes
wherever possible.
Cf3 To property lines _ha -_hall be be located at he op of othed lope aestheticS
Prof -►'tY
revegetadon must be installed by the developer.
F. Findings The planning Commission or City planner, where mxawrized,shFu make
the following findings before approving a Development Review, application:
G.
3. That the proposed project is co:siste.1t with the General Plan; and
4. That the proposed use is in aecord with the objective of the Development
Code and the purposes of the district in which the site is located.
5. That the proposed use is in compliance w-th each of the applicable provisions
of the Development Code; and
6. That the proposed use, together with the conditions applicable thereto, will
not be detriment&I to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity, and
application for a Temporary Use Permit
use or the same or sub,tantiallY the same
the date of denial. df tdid "Udikl
itbid¢jUdzh Following the denial df
FEq;Wk—pmerrt Review application, no
for the same or substantially the same
site shall be filed within one year from
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Section 3.2
Section 3.2 Minr%r Development Review
is A. Purpose and intent The purpose, and inter_t of the Minor Development Review
process is L:, provide far the A4ministrative review of projects which, because of
their limited size and scope, have minor aesthetic, land use, or traffic
Iafi §dt'U fmplieatiouand do nat create any significant impact on public utilities or
services. The Minor -' -elopment Review process is to assure that such limited
projects comply with aii applicable city standards and ordinances, and are not
detrimental to the public health, sa'Iety, or welfare, or materially injurious to
properties or improvements in the immediate vicinity.
11
B. Authority The City Planner is authorized to approve Minor Development Review
applications or deny applications and to impose reasonable conditions upon such
approval- Conditions may include, but shall not be limited to, requirements for
special yards, open spaces, buffers, fences, walls. and screening; requi^ements for
installation and maintenance of lalds•vtping snd erosion control measures;
requirements for street improvements and dedications, regulation of vehicular
ingress, egress, and traffic circulation; regulation of signs; regulation of hours or
other characteristics of operation; requirements for maintenance of landscaping
and other improvements; establishment of development schedules or time limits
for performance or completion; and such other conditions as the City Planner may
deem necessary to make the findings required in Section 3.2 F.
C. Projects Requiring Minor Development Review A l applicatiors for Minor
Development Review are required for residential, commercial, i ?Austrial, and
institutional projects which may or may not involve the issuaner of a building
permit for construction or reconstruction of a structure which me•.ts the following
criteria:
1. Structural additions which do not result in ar. increase of more than 50% of
the floor area of the e--tisting building or 10,000 square feet, whichever is
less.
2. New structures not visible from public view and located on the same
assessor's parcel as an existing business or institution. Said structures shall
not result in an increase of more than 50% of the floor area of the existing
buildings, or 10,000 square feet, whichever is less.
3. New construction, expansion, or significant reconstructior_ of parldng lots.
4. The establishment and/or construction of an outdoor storagFe area on the
same site as, and in conjunction with, an existing business.
5. The construction and/or placement of silos, satelite disns, antennas, water
tanks, roof or ground mounted equipment visible from public view, or similar
structures and equipment as determined by the City Planner.
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-64-
Section 3.2
D. Applications An application for a Minor Development Review shall be filed with
the Planning Division in a manner prescribed by the City Planner.
E. Development /Design Review Applications involving the -construction of new
buildings or building additions may be referred to the Development /Design Review
Committees for further review, as provided fo:- in Section 3.1.
F. Findings The City Planner shall make the following findings before granting
approval of a Minor Development Review application:
I. That the proposed project is consistent with the objectives of the
Development Code, and the purposes of the district in which the site is
located.
2. That the proposed project together with the eondit ons applicable thereto,
will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
3. That the proposed project is in compliance with each of the applicable
provisions of the Development Code.
4. That the Freposed project is consistent with the General Plan.
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G. New A lications foRowi Denial df it6*64tlldri. Following the denial df
o a WoaftporM Vft rouW MEOFD_ev_zIFWnent Review application, no
application for a Temporary Use Permit for the same or substantially the same
use or the same or substantially the same site shall be filed within one year from
the date of denial. df fc #6"Ut6;V
i
-65-
11
LI
Section 3.3 Residential Growth Management Review System
A. Scope and Exemptions. This'Se *_;on shah apply to an residential development
projects which will result in the subyivision of residential lots and /or L'ie
construction of new residential dwelling limits, and mobile home parks. however,
the following projects shall be specifically exempt from the provision of thir.
Section:
1. Single- family, duplex and triplex developments involving a total of four units
or less provided that any such application on a parcel shall be on a one tine
basis only for a two year period from the date of issuance of a building
permit for the last unit on the parcel.
2. Residential land divisions involving four lots or less provided that any such
application on a parcel having the same zoning district shat' ye or. a one time
basis only for a two year period from the date of issuance of a oailding
permit for the last unit cf the project. Subdivisions for the sole purpose of
separating different zoning districts shall be exempt from the provisions of
the ordinance codifying this chapter. Further divisions of the residential
portion of such subdivisions shall be subject to the provisions of Lie
ordinance codifying in this chapter.
3. Government subsidized senior citizen housing projects.
4. Renewable building permits issued prior to the effective date of this Code.
5. Condominium conversions of dwelling units built prior to the effective date
of this Code.
6. Tentative Tract maps approved prior to the effective date of this Code.
7. Conditional Use Permit or Development Review applications approved prior
to the effective date of this Code.
B. Evaluation
1. General. All residential development projects not specifically exempted,
shall be processed under this review procedure. The development potential
of any site shall be evaluated on its own merits —size, shape, location,
natural features and project design - -based upon the specific design criteria
contained in this Section. 27m review or each Project shaU ToUow the
Development/Design Review process descrulm d in Section 31.
2. Tvves of Criteria. This review procedure contains Of f6#1Ev6
l criteria t:at are
bfi52,'a i L^" ter: r ty tije^* °es w pressed
General Plan policies. Each of these criteria are used together in
conjunction with the Development /Design Review oi"6 `# CQr131deratioru as
described in Section 3.1. These criteria are:
-66-
Section 3.3
(a) Absolute Policies. These are absolute requir- -pants each project must
satisfy before approval can be granted. me absolute policies have
been developed in response to the most critical issues associated with
residential development. These include fissuring neighborhood
compatibility, compliance with adopted plans, adequacy of public
facilities and services, and protection of the public environment and
public health. TKO OUt UUdU 00 646$1 dit t¢#bddfdbti 011;�jtt
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Districts.
(b) Development Standards. These are the development standards dealing
with minimum requirements for setback, lot area, building height,
open space, etc. The specific development standards which a project
must satisfy are dependent upon the base zoning district. The
development standards are contained in Section 4.4.
(c) Design Guidelines. The guidelines are based upon community design
goals as expressed in the General Plan and encourage the orderly and
harmonious appearance of structures and property including
neighborhood compatibility, site planning, architecture and
landscaping. The guidelines are intended to be flexible enough to
allow individual expression and innovation within a framework of an
established high standard for design quality. The design guidelines are
contained in Section 4.8.
Application Procedure An application for Residential Development Review shall
be filed with the Planning Division on a form prescribed by the City Planner.
D. Public Hearing
1. The Planning Commission shall hold a public hearing on all Residential
Development Projects. Subdivision Maps shall be heard simultaneously.
Upon completion of the public hearing, the Planning Commission shall
approve, conditionally approve or deny the application. if the Planning
Commission denies the application, their decision shall be final unless
appealed to the City Council within ter. (10) calendar days (see Section 1.8y.
2. The Planning Commission may alter the Development Plans and%or
subdivision and impose such restrictions and conditions as it may deem
necessary to ensure that the project will be in harmony with the intent and
purposes of this section and with the adopted plans and policies of the City
and/or guidelines as approved by the Planning Commission.
E. Findings. The Planning Commission shall make the following findings before
approving a Residential Development Project.
I. The project is consistent with all applicable general and specific plans.
2. The design or improvements of the project are consistent with all applicable
general and specific plans.
3. The site is physically suitable for the type of development proposed. 0
-67-
LJ
Eli
Section 3..3
4. Ttw design of the project is not likely to cause substantial, environmental
.ia.mage and avoidable injury to humans and wildlife or their habitat.
s. The project is nct Lkely to cause serious public health problems.
6. The design of the project will not conflict with any easement acquired by the
Public at large, now of record, for access through or use of the property
within the proposed [.oject.
7. That this project will not create adverse impacts on the enAronment.
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