HomeMy WebLinkAbout03-74 - Resolutions RESOLUTION NO. 03-74
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF DEVELOPMENT CODE AMENDMENT DRC2003-00348, A
REQUEST TO AMEND SECTION 17.08, RESIDENTIAL DISTRICTS, OF
THE RANCHO CUCAMONGA DEVELOPMENT CODE REGARDING
SECOND DWELLING UNITS WITHIN THE VERY LOW, LOW, AND
LOW-MEDIUM (.1-2, 2-4, AND 4-8 DWELLING UNITS PER ACRE,
RESPECTIVELY) RESIDENTIAL DISTRICTS TO COMPLY WITH
ASSEMBLY BILL 1866, AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code
Amendment DRC2003-00348, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Code Amendment request is referred to as "the
application."
2. On the 14th day of May 2003, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. The Planning Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to the Planning Commission during the
above-referenced public hearing on May 14, 2003, including written and oral staff reports,
together with public testimony, the Planning Commission hereby specifically finds as follows:
a. The State of California recently passed Assembly Bill 1866, which was signed
into law by the Governor and mandates that second dwelling units be handled as a ministerial
action (i.e., without discretionary review) for the express purpose of providing affordable housing
in the state; and
b. The proposed amendment applies to property located in the Very Low, Low,
and Low-Medium Residential Districts within the City of Rancho Cucamonga; and
C. The application would implement Assembly Bill 1866 by modifying the land use
regulations table applicable to the Residential Districts to allow second dwelling units as a
permitted use within the Very Low, Low, and Low-Medium Residential Districts; and
d. The proposed amendments will not have a significant impact on the
environment.
PLANNING COMMISSION RESOLUTION NO. 03-74
DCA DRC2003-00348 —CITY OF RANCHO CUCAMONGA
May 14, 2003
Page 2
3. Based upon the substantial evidence presented to the Planning Commission during
the above-referenced public hearing, and upon the specific findings of facts set forth in
paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows:
a. The proposed amendment does not conflict with the Land Use Policies of the
General Plan, the objectives of the Development Code, and with related development. The
amendment will offer compliance with State Assembly Bill 1866, which mandates that approval
of a second dwelling unit be a ministerial act, and prohibits a discretionary permit, effective
July 1, 2003.
b. The proposed amendment, 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. This amendment eliminates requirements which will become void;
and
C. The application is consistent with the objectives of the Development Code.
4. The Planning Commission hereby finds and determines that the project identified in
this Resolution is in compliance with the California Environmental Quality Act of 1970, as
amended, and the Guidelines promulgated thereunder, and further, specifically finds that based
on substantial evidence, it can be seen with certainty that there is no possibility that the
proposed amendment will have a significant effect on the environment and, therefore, the
proposed amendment is exempt pursuant to Section 21080.17 of the Public Resource Code
and Section 15282(1) of Division 6 Title 14 of the California Code of Regulation.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4
above, the Planning Commission recommends approval of Development Code Amendment
DRC2003-00348, as shown in the attached Ordinance.
6. The Secretary shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2003.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: _k
r�
L T. Niel, Chairman
ATTEST:
rad Bu retary
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
PLANNING COMMISSION RESOLUTION NO. 03-74
DCA DRC2003-00348 —CITY OF RANCHO CUCAMONGA
May 14, 2003
Page 3
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 14th day of May 2003, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: McPHAIL
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC2003-00348, A REQUEST TO AMEND
SECTION 17.08.030, RESIDENTIAL DISTRICTS, OF THE
RANCHO CUCAMONGA DEVELOPMENT CODE REGARDING
SECOND DWELLING UNITS WITHIN THE VERY LOW, LOW,
AND LOW-MEDIUM (.1-2, 24, AND 4-8 DWELLING UNITS PER
ACRE, RESPECTIVELY) RESIDENTIAL DISTRICTS TO
COMPLY WITH ASSEMBLY BILL 1866, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. On May 14, 2003, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Development
Code Amendment and, following the conclusion thereof, adopted its Resolution No. 03-74,
recommending that the City Council of the City of Rancho Cucamonga adopt said amendment
2. On , the City Council of the City of Rancho Cucamonga conducted
a duly noticed public hearing on the amendment to the Development Code.
3. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above-referenced public hearing on including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The State of California recently passed Assembly Bill 1866, which was signed
into law by the Governor and mandates that second dwelling units be handled as a ministerial
action (i.e., without discretionary review) for the express purpose of providing affordable housing
in the state; and
b. The proposed amendment applies to property located in the Very Low, Low,
and Low-Medium Residential Districts within the City of Rancho Cucamonga; and
C. The application would implement Assembly Bill 1866 by modifying the land use
regulations table applicable to the Residential Districts to allow second dwelling units as a
permitted use within the Very Low, Low, and Low-Medium Residential Districts; and
d. The subject amendment identified in this Ordinance is exempt from the
requirements of the California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder, pursuant to Section 21080.17 of the Public Resource Code
and Section 15282(i) of Division 6 Title 14 of the California Code of Regulation.
CITY COUNCIL ORDINANCE NO.
DCA DRC2003-00348 —CITY OF RANCHO CUCAMONGA
Page 2
SECTION 3: Development Code Section 17.08.030, Table 17.08.030 — Use Regulations
for Residential Districts, is hereby amended to change second dwelling units to a permitted use
in the Very Low, Low, and Low-Medium Residential Districts, in words and figures, as shown in
the attached Exhibit "A-1."
SECTION 4: Development Code Section 17.08.030.E. — Special Use Regulations, is
hereby amended to read, in words and figures, as shown in Exhibit"A-2" and "A-3."
SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, or preempted by legislative enactment, such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. The City
Council of the City of Rancho Cucamonga hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless
of the fact that any one or more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published within 15 days after its passage at least once in the Inland Valley
Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
Rancho Cucamonga Development Code Section 17.08.030
USE VL L LM M MH H
17. Utility or Service Facility C C C C C C
C. Accessory Uses
1. Accessory Structure P P P P P P
2. Antenna P P P P P P
3. Caretaker's Residence C C C C C C
4. Guest House P P P
5. Home Occupation P P P P P P
6. Lodging Unit P P P
7. Other Accessory Uses P P P P P P
8. Private Garage P P P P P P
9. Private Swimming Pool P P P P P P
10. Second Dwelling Unit(including P P P
elder cottage)
11. Recreational Vehicle Storage Yard C C C C C
12. Feed &Tack Store (if accessory to C
commercial stable)
13. Dormitory(if accessory to college or C C C C C C
school)
14. Uses in Historic Structures C C C C C C
D. Temporary Uses
1. Temporary Uses as prescribed in
Section 17.04.070 and subject to P P P P P P
those provisions.
2. Temporary trailers for use in
conjunction with religious and C C C C C C
agricultural uses for a specified
interim period.
P=Permitted Use
C=Conditional Use Permit required
E. Special Use Regulations
1. Agricultural Uses. Prior to development, the following agricultural uses are either
permitted or conditionally permitted on lots of 2.5 acres or more:
a. Permitted Uses:
EXHIBIT "A-1"
17.08-4
Rancho Cucamonga Development Code Section 17.08.030
Notes:
(A) Young animals born to a permitted animal kept on the site may be kept until such animals are weaned.
(cats and dogs-4 months;large animals-6 months;horses- 12 months)
(B) As established by Conditional Use Permit review.
(C) A minimum of 20,000 square feet of lot is required to maintain these animals.
(D) More than 5 birds or rodents per each 5,000 square feet of site area may be permitted subject to approval of
a Conditional Use Permit.
(E) A pony, which is defined as any horse measuring 14 hands and 2 inches or less in height at the withers,
may be kept in addition to the keeping of two horses or in lieu of two horses, three ponies may be kept on a
20,000 square foot lot.
3. Home Occupations. The use of a residence for business purposes shall be permitted
subject to issuance of a Home Occupation Permit(See Section 17.04.060).
4. Mobile Homes. One mobile home is permitted on a lot in a residential District, except
Very Low, subject to the following requirements:
a. The mobile home is placed on a permanent foundation system in compliance
with all applicable building regulations.
b. The mobile home construction is certified under the National Mobile Home
Construction and Safety Standards Act of 1974 and which was constructed after
October of 1976. Documentation indicating certification and construction date
must be submitted to the Building and Safety Division in order to secure valid
building permit(s).
C. The Design Review Committee shall determine if the placement of the mobile
home is compatible to the immediate area in which it is being placed in
accordance with Section 17.06.010 and the following criteria:
(1) The design of the mobile home unit shall be similar in character and
appearance to other dwellings in the area for such things as unit size, roof
overhangs, roof materials and exterior materials.
(2) All building setbacks, parking, coverage, height, width and sign
requirements of the base District shall apply.
5. Recreational Vehicle Storage Yard. The parking and storage of recreational vehicles in
proximity to residential users shall be permitted only on lots of 2 acres or more unless
part of a master planned development, subject to approval of a Conditional Use Permit.
a. All storage activities shall be screened from public view by a combination of block
or masonry wall, berming, dense landscaping, or building mass.
b. Retail or wholesale activity, Commercial dismantling, repair or storage wrecking
activities or the storage of junk or salvage materials or dismantled parts are
prohibited.
6. Second Dwelling Units. Permitted subject to approval of a Conditional 119e 112AFFAit
and the following criteria:
EXHIBIT "A-2"
17.08-7 3/01
Rancho Cucamonga Development Code Section 17.08.030
a. The unit may be constructed as an accessory building or attached to the primary
residence on a parcel in a single-family residential district.
b. The unit is not for sale, but for rental purposes only, or use by a member of the
immediate family.
C. The lot contains an existing single-family detached residence, and does not
contain a guest house.
d. The unit shall not exceed 640 square feet if the parcel is less than 20,000 square
feet; if greater than 20,000 square feet, the second unit can exceed 640 square
feet but may not be greater than 950 square feet or 30 percent of the main
dwelling unit, if attached. (Unit size is exclusive of enclosed parking space
requirement.)
Lot Size: A second dwelling unit may be established on a lot or parcel of land
having a minimum of 10,000 square feet.
Height: A detached second dwelling unit shall be limited to one story, shall not
exceed 16 feet in height, and shall not exceed the height of the main dwelling
unit.
e. The unit shall have a separate entrance from the main residence.
f. The unit shall provide parking and access per Chapter 17.12 and provide one
enclosed parking space per bedroom, not to exceed two enclosed spaces per
unit. The enclosed parking space shall not be located in the required front or
side yard setback for the primary unit. Temporary removable units shall provide
one off-street parking space.
g. The unit construction shall conform to the site development criteria applicable to
accessory buildings or additions to main residence in the base district in which
the unit is located.
h. The unit shall match the architectural style of the primary residence in
design features, such as but not limited to, material, colors, roofing, scale,
surface treatments, and details.
L The unit shall conform to the Hillside and/or Equestrian Overlay District in
which it is located.
j. The use of temporary/removable structures for a second dwelling unit shall be
of age OF GVeF and related to the oGGupantr. of primary residenGe by bloee6
restricted to the area
at the rear of the primary residence and adhere to all development criteria in
this section. adequately sGreened from publir view firom the street
k. The unit may Fequire design FeView, PUF6uant to Section 4706-6,--as
determined by the Gity PlanneF.
I k. The applicant shall submit to the Building and Safety Division written certification
from the affected water and sewer district that adequate water and sewer
facilities are or will be available to serve the proposed unit. For units using septic
facilities allowable by the Santa Ana Regional Quality Control Board and the City,
EXHIBIT "A-3" 17.08-8 3/01