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HomeMy WebLinkAbout1998/06/10 - Agenda PacketCITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA WEDNESDAY JUNE 10, 1998 7:00 PM Rancho Cucamonga Civic Center Council Chamber 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman Barker m Vice Chairman McNiel __ Commissioner Bethel __ Commissioner Macias B Commissioner Tolstoy B II. ANNOUNCEMENTS III. APPROVAL OF MINUTES May 13, 1998 May 13, 1998, Adjourned Meeting May 27, 1998 IV. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non- controversial They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. A. VACATION OF A PORTION OF GREENWAY TRAIL EASEMENT (V-157~ ON A PORTION OF LOTS 1 AND 2 OF PARCEL MAP 15016 - A request to vacate a portion of an existing public Greenway Trail Easement located on the west side of Rochester Avenue north of Foothill Boulevard, approximately 3.2 feet wide and 178 feet long. V. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. B. CONSIDERATION OF CODE AMENDMENTS REGARDING GRADING REVIEW AND TIME EXTENSIONS - CITY OF RANCHO CUCAMONGA (TO BE CONTINUED TO JULY 22, 1998) C. DEVELOPMENT CODE AMENDMENT 98-02 - CITY OF RANCHO CUCAMONGA -A request to amend the regulations for second dwelling units for consistency with changes in state law. VI. PUBLIC COMMENTS This is the time and place forthe general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. VII. COMMISSION BUSINESS VIII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m, adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOLLOWING IN THE RAINS ROOM REGARDING PRE-APPLICATION REVIEW 98-06 - BARRA TT. I, Gall Sanchez, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 4, 1998, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive Rancho Cucamonga. / Page 2 VICINITY MAP ..j .......... :::::::::::::::::::::::::::::::::::::::::::::: ....... II.................... ..:...-.-.... ........ I ~ I I · k CITY HALL CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAIVIONGA STAFF REPORT DATE: June 10, 1998 TO: Chairman and Members of the Planning Commission FROM: Dan James, Senior Civil Engineer BY: Phillip Verbera, Assistant Engineer SUBJECT: VACATION OF A PORTION OF GREENWAY TRAIL EASEMENT (V-157) ON A PORTION OF LOTS 1 AND 2 OF PARCEL MAP 15016 - A request to vacate a portion of an existing public Greenway Trail Easement located on the west side of Rochester Avenue north of Foothill Boulevard, approximately 3.2 feet wide and 178 feet long BACKGROUND/ANALYSIS On August 13, 1997, the Planning Commission adopted Resolution No. 97-46 and approved Tentative Parcel Map No. 15016. The subdivision created two parcels located at the northwest corner of Foothill Boulevard and Rochester Avenue in the Terra Vista Promenade Shopping Center. Included within the easterly portions of the two parcels is an existing 25 foot wide public greenway trail easement. The dedicated trail runs along the west side of Rochester from Foothill Boulevard to Malaga Ddve and was dedicated as part of the original subdivision for the Terra Vista Promenade Shopping Center. Two projects have been approved for the two parcels of said Parcel Map No. 15016, Conditional Use Permit 97-16 (Old Spaghetti Factory) and Development Review 97-36 (Chief Auto Parts). While processing and plan checking these projects the developer proposed to encroach approximately three feet into the existing landscaped trail to accommodate the required on-site parking lot configuration and striping. The developer has requested the vacation of the encroaching portion of the existing public greenway trail easement as shown on the attached Exhibits "A", "B" and vicinity map. The subject easement vacation is approximately 3.2 feet wide and 178 feet long and is located along portions of the southeast corner of parcel 1 and the northeast corner of parcel 2 of Parcel Map 15016. The existing trail is a modified type "B" trail. The easement vacation is consistent with the goals and objectives of the General Plan and the Terra Vista Community Plan Amendment because the overall width along Rochester Avenue still complies with its intended use. ITEM A PLANNING COMMISSION STAFF REPORT - PARCEL MAP 15016 (V-157) June 10, 1998 Page 2 RECOMMENDATION Staff recommends that the Planning Commission make the finding that the public greenway trail easement vacation conforms with the General Plan and the Terra Vista Community Plan Amendment. This finding will be forwarded to City Council for further processing and final approval. Respectfully submitted, Danj~am~e~ Senior Civil Engineer Attachments: Exhibit"A" Exhibit "B" Vicinity Map ('WITKIN PARCEL 1, PARCEL ~ 15016) BEhNG THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15016, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP THEREOF FILED IN BOOK 183, PAGES 54 AND 55 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF .SAID COUNTY, LYING WITHIN A STRIP OF LAND, 3.21 FEET WIDE, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCL~G AT ~ SOUTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOLrFdERLy LINE OF SAID PARCEL 1, NORTH 90000'00, WEST 25.00 FEET TO A PO/N'F IN TH~ WESTERLY L/2q'E OF THAT CERTA.~ EASEMENT GRANTED TO THE CITY OF RANCHO CUCAMONGA FOR GREENWAy TRAIL AND RELATED PURPOSES BY DOCUMENT RECORDED JULY 17, 1996 AS INSTRUMENT NO. 96-0254378 IN OFFICIAL RECORDS OF SAED COUNTY; SAID PO/NT BEING TH~ TRUE POINT OF BEG/NNING; THL~/CE ALONG SAID WESTERLY LKNE, NORTH 00°33'05'. EAST 118.88 FEET TO AN ANGLE POINT THEREIN. TH~ EASTERLy LINE OF SAID 3.21 FOOT WIDE STR~ IS TO ORIGINATE 1N SAID SOUTHeRLy LINE OF PARCEL 1 AND TERM/NATE IN A LINE WHICH BE,~RS NORTH 89026'55" WEST. CONTAIN~G 381 SQUARE FEET OF LAND, MORE OR LESS. EXHIBIT "A-1" i G~EENWAY TRAIL EASEMENT or N 89'~6'5~'W 3.21' EAST 194,95' T.P.O,B. FOOTHILL BOULEVARD CvVITHTN PARCEL 2, PARCEL MAP 15016) BEING THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 15016, IN TI{E CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFOKNIA, PER MAP THEREOF FII.ED IN BOOK 183, PAGES 54 AND 55 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECOKDEK OF SAID COUNTY, LYING WITHIN A STKIP OF LAND, 3.21 FEET WIDE, THE WESTERLY LINE OF WHICH IS DESCKIBED AS FOLLOWS: COMMENCING AT THE NOKTKEAST CORNEK OF SAID PARCEL 2; THENCE ALONG THt{ NOKTHiERLY LINE OF SAID PARCEL 2, NOKTH 90°00'00'' WEST 25.00 FEET TO A POINT IN THE WESTERLY LINE OF THAT CERTAIN EASEMEN'r GRANTED TO THE CITY OF RANCHO CUCAMONGA FOK GKEEN~VAY TRAIL AND RELATED PURPOSES BY DOCUMENT KECORDED IULY 17, 1996 AS INSTRUIV[ENT NO. 96-0254378 IN OFFICIAL RECORDS OF SAID COUNTY; SAID POINT BEING THE TRUE POh"qT OF BEGINNING; THENCE ALONG SAID WESTERLY LINE, SOUTH 00°3Y05'' WEST 59.00 FEET. THiE EASTERLY LINE OF SAID 3.21 FOOT WIDE STRIP IS TO OtLIGINATE IN SAID NOKTH]ERLY LINE OF PARCEL 2 AND TERMihNATE IN A LINE WHICH BEARS NORTH 89°26'55'' WEST. CONTAI2NING 189 SQUARE FEET OF LAND, MORE OR LESS. 00'33'05'E 252.33' P.O.C. - NE COR. PAR. 2, P.M. 15016 ROCHESTER AVENUE _ CITY OF R_4aNCtIO CUCJa~IONGA i'I~., V-I~"'F' ~ V~c~.NITY CITY OF RANCHO CUCAIVIONGA ' STAFF REPORT DATE: June 10, 1998 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: CONSIDERATION OF CODE AMENDMENTS REGARDING GRADING REVIEW AND TIME EXTENSIONS The City Attorney has requested modifications to the proposed amendments which necessitate a continuance. RECOMMENDATION: Staff recommends continuing this item to the July 22, 1998, agenda. Brad Buller City Planner BB:DC:gs ITEM B CITY OF RANCHO CUCAMONGA ' ,_!/,,,~ _ STAFF REPORT DATE: June 10, 1998 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Rudy Zeledon, Planning Technician SUBJECT: DEVELOPMENT CODE AMENDMENT 98-02 - CITY OF RANCHO CUCAMONGA - A request to amend the regulations for second dwelling units for consistency with changes in State law. ABSTRACT: The Developmqnt Code regulates second dwelling units~. This amendment is necessary because of changes in State law to encourage this form of housing for family members, students, the elderly, in-home health care providers, and the disabled. ANALYSIS: Currently, the Development Code requires that second dwelling units shall not exceed 640 square feet. State law now allows a maximum of 1,200 square feet for a detached dwelling unit or not to exceed 30% of the main dwelling if attached. State law also mandates that the City cannot require parking for second dwelling units exceeding I parking space per unit or bedroom. Our Development Code has been interpreted to require 2 parking spaces within a garage. Staff recommends the following changes to the Development Code, in order to be in compliance with state law and to help clarify inconsistencies: 1. Existinq Criteria: "The unit does not exceed 640 square feet" ProDosed Criteria: The total floor area shall not exceed 1,200 square feet for a detached unit or 30 percent of the main dwelling for an attached unit. 2. Existino Criteria: "The unit shall provide parking and access per Chapter 17.12, except temporary removable units shall provide 1 off-street parking space" ProDosed Criteria: The unit shall provide access per Chapter 17.12 and 1 enclosed parking space per bedroom, not to exceed 2 enclosed parking spaces per unit. Temporary removable units shall provide one off-street parking space. Second dwelling units means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, and sanitation, on the same lot as the primary residence. ITEM C PLANNING COMMISSION STAFF REPORT DCA 98-02 - CITY OF RANCHO CUCAMONGA June 10, 1998 Page 2 ENVIRONMENTAL ASSESSMENT: The amendments, are exempt from the requirements of the California Environmental Quality Act of 1970, as amended, pursuant to Section 21080.17. CORRESPONDENCE: The item has been advertised as a public headng in the ~ Bulletin newspaper. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution recommending approval to the City Council Respectfully submitted. City Planner BB:RZ:mlg Attachments: Exhibit "A" - Existing and Proposed changes to Development Code Section 17.082030 (E.6.d and f). Exhibit "B" - California Government Code, Section 65852.2 Resolution Recommending Approval Ordinance Rancho Cucamon~a Development Code Section 17. 08. 030 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 Storaqe 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 Dwellinq Units. Permitted subject to approval of a Conditional Use Permit and the following criteria: 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 -t~, ........... n.,m~_quarSf.: ,, The total floor area shall not exceed 1,200 square feet for a detached unit or 30 percent of the main dwelling for an attached unit. e. The unit shall have a separate entrance from the main residence. removable units she.'.', pFc. v:dc ,~, ,~ ~4r-~. ~,:t pc. rk:.n~ space. The unit shall provide access per Chapter 17.12 and one enclosed parking space per bedroom, not to exceed enclosed two parking spaces per unit. Temporary removable units shall provide one off-street parking space. 17.08-8 3~96 Rancho Cucamonga DeveloI~rnent Code Section 17. 08.030 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 use of temporary/removable structures for a second dwelling unit shall be limited to the sole occupancy of one or two adult persons who are 60 years of age or over and related to the occupants of primary residence by blood, marriage, or adoption. Further, said structure shall be restricted to the area at the rear of the primary residence and adequately screened from public view from the street. I. The unit may require design review, pursuant to Section 17.06.010-E, as determined by the City Planner. J. 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 Aria Regional Quality Control Board and the City, written certification of acceptability including all supportive information shall be submitted. 7. Uses Within Recoqnized Historical Structures. Existing historical landmarks and focal points which have been recognized by the City as having historical significance are encouraged to be enhanced through physical improvements. Historical structures within a residential district may be used for uses other than residential based upon the following criteria: a. A conditional use permit shall be approved by the Planning Commission. b. Any use proposed shall not cause intensification or disruption to any adjacent uses or neighborhood. c. The uses shall be limited to small scale uses such as, but not limited to, boarding house, bed and breakfast inn, minor offices. boutique, antique shop, book store, or florist. d. The site and structure shall be fully improved to include such things as, but not limited to, landscaping. parking, new exterior building materials (roofing, siding, painting), walls or fences, street improvements, drainage facilities, etc. 8. Telecommutinq Centers. Single-family development of 500 or more units shall provide a telecommuting center or contribute toward the development of one in an amount satisfactory to the City Council. 17.08-9 3/96 1996 Planning, Zoning, and Development Laws STATE OF CALIFORNIA Pete W'~son, Governor Governor's Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 (916) 445-4831 (ATSS 485-4831) Lee Grissom, Director March 1996 THeE pLANNING AND ZONING LAW or safety. This prohibition shall be applicable to charter cities since the promotion of the use of nonfossil fuel sources · . - of energy, such as solar energy and energy conservation measures, is a matter of statewide concern. ...... This sectionshall not apply to ordinances which impose reasonable restrictions on solar energy systems. Howe;'er, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions which do not significantly increase . . ..... beco~ 0fthesy~temorsignificantlYdecreaseitsefficiencY.°rwhichall°wf°ranalternativesystemnfc°mparablec°st and efficiency. For the purposes of this section, "solar energy system" shall have the same meaning as set forth in Section 801.5 of the Civil Code. (Added by Stars. 1978, Ch. 1154.) Establishment of 65851, For such purposes the legislative body may divide a county, a city, or portions thereof, into zones of the number, aoning districts shape and area it deems best suited to can-y out the purpose of this chapter. (Added by Stars. 1965, Ch. 1880.) Uniformity 65852. All such regulations shall be uniform for each class or kind of building or use of land throughout each zone, but the regulation in one type of zone may differ from those in other types of zones. (Repealed and added by Stau. 1965, Ch. 1880. ) "Granny"housing 6585'~1 NotwithstandingSection65906 any city includngachanercity couny, orcltyandcounymayissueazoning variance special use permi, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are 62 years of age or over, and the area of floor space of the attached dwelling unit does not exceed 30 percent of the existing li ring area or the area of the floor space of the detached dwelling unit does not exceed 1,200 square feet. This section shall not be construed to limit the requirements of Section 65852.2, or the power of local governments to permit second units. (Amended by Starry. 1982, Ch. I.~40: Amended by Stars. 1990, Ch. 1150. ) Local second unit 65852.150. The Legislature finds and declares that second units are a valuable form of housing in California. Second units ordinances provide housing for family members, students. the elderly. in-home health care proriders, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income. and an increased sense of security. I t is the intent of the Legislature that any second-unit ordinances adopted by local agencies have the effect of providi ng for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking. fees and other requirements. are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in Zones in which they are authorized by local ordinance. (Added by Stars. 1994. Ch. 580.) Standardsto 65857" (a)Any[ocalagencymay byordinance provideforthecreationofsecondunitsinsnge-familvandmu family evaluate proposed residential zones. The ordinance: second residential (1) May designate areas v,'ithin the jurisdiction of the local agency where second un s may be permitted. T'~c units designation of areas may be based on criteria. which may inc[ude. but are not li mired to. the adequacy of water and sewer services and the impact of second units on traffic flow. ('~)Mav imposestandardsonsecondunitswhichinclude butarenot tim ed o parkin~ height seback o covera-°e architectural review. and m;~ximum size of a unit. (3) May provide that second units do not exceed the allowable density for the lot upon which the second unit is located. and that second units are a residemini use that is consistent with the existing general plan and zoning designation for the lot. (4.) May establish a process for the issuance of a conditional use permit for second units. (5) Shall not be considered in the application of any total ordinance. policy, or program to limit residential growth. (b) ( I ) When a local agency which has not adopted an ordinance governing second units in accordance with subdivision (a) or (c). receives its first application on or after July 1, 1983. for a conditional use permit pursuant to this subdivision. the local agency shall accept the application and approve or disapprove the application pursuant to this subdi vision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901, every local agency shall grant a special use or a conditional use permit for the creation of a second unit if the second unit complies with all of the following: (A) The unit is not intended for sale and may be rented. (B) The lot is zoned for single-family or multifamily use. (C) The lot contains an existing single-family dwelling. (D) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (E) The acreused floor area of an attached second unit shall not exceed 30 percent of the existing living area. ~(F) The total area of floor space for a detached second unit shall not exceed 1.200 square feet. · iG) Requirements relating to height, setback, lot coverage. architectural review, site plan review. fees, charges, and other zoning requirements generally applicable to residential consm.tction in the zone in which the property is located. (H) Local building code requirements which apply to detached dwellings. as appropriate. ~4 · 1996 Planning, Zoning, and Development La~,s THE PLANNING AND ZONING LAV,' (1) Approval by the _ocal health officer where a priva e sewage disposal system is being used, if required. (2)-No other local o'rdinance. policy, or regulation shall be the basis for the denial of a bui ldino permit or a use permit under this subdivision. '= (3) This subdivision establishes the maximum standards that local a_o'encies shall use to evaluate proposed second uni ts on lots zoned for residentia[ use which contain an existing singIe-fami]y dwelling. No additional standards, other than · ' : ' those pfo~dded inth)s subdivision or subdivision (a), shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (4.) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this suball vision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies. procedures, or other provisions applicable to the creation of second units if these provisions are consistent with the limitations of this subdivision. (5) A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located. and shall be deemed to be a residemini use which is consistent with the existing general plan and zoning designations for the IOL The second units shall not be considered in the application of any local ordinance. policy. or program to limit residential growth. (c)Nolocal ao. encvshafiadoptan ordinance which totally precludes second units within sino. le-familyand mull[family Necessaryfinds for zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunitic~ ordinance of the region and further contains findings that specific adverse impacts on the public health. safety. and welfare that prohibiting second would rcsuh from allowingsecond unitswithin single-family and multifamily zoned areas justify adopting the ordinance. units (d) A local agency may establish minimum and max/mum unll size requi reineats for both attached and detached second units. No minimum size for a second unit. or size based upon a percentage of the existing dwelling. shall be established Size bv ordinance for e ither attached or detached dwe [lin ns which does not permit at least an ef~ciency unit to be constructed m compliance with local development standards. - ,) (el Parking requirements for second units shall not exceed one parking space per unit or per bedroom. Additional parking may he required provide~'that a finding is made that the additional parking requirements arc directly' rein ed o Ihe use of the second unil and are consistent with existing nei .ohborhood standards applicable to existinn dwel li nes. Off- street parking shall be permitted in setback areas in [neations determined by the local a.ocncy or through tandem parking. unless specific findings are made that parking in setback area or tandem parking is noZ feasible based upon specific site or regional topographical or fire and life safety conditions. or that it is not permitted anv,.,,bere else in Ihe jurisdiction. (0 Fees char.ned l~}r the consreaction of second units shall he determined in accordanc~ with Chapter 5 (commentinn with Section 66'000). : (g) This section does not limit the authority of local agone es to adopt less restrictive rcqulrcmcnts for the creation of second units. (h) Local agencies shall submit a copy of lhe ord nances adopted pursuant to subdivision (a) or {c) to the Department or' Housing and Community Development within 60 days af er adoption. (i) As used in this section. the fofio~.'ing terms mean: Definitions i I / "Living area." means the interior habitable area of a dwelling unit including basements and attics but does not t3) For purposes of this section. "neighborhood" has the same meaning as set forth in Section 65589.5. (4.) "Second unit" means an attached or a detached residential dwelling unit ',,, hich provides complete independent living facilities for one or more persons. h shafi include permanent pro;'isions for ;. no sleepinvz ca no cook[m, and sanitation on the same porcet as the singEe-family dwelling is situated. A second unit also includes the following: (A) An efficiency unit as defined in Section 17958. t of Health and Safety Code. (B} A manufactured home. as defined in Section [8007 of the Health and Safety Code. Note: Stars 1986. Ch. 156, also reads: SiC. 2. This act shall become operative April 1. 1987. Timing (Added by Stars. 1982. Ch. 1440. Effective July I, 1983: A nlended by Stars. 1986. Ch. 156: Amended by Stctts 1990. CII. 1150; Amended by Slats. 1994, Ch. 580.) Note: Stars. 1982. Ch. 1440. also reads: Uncodi~edpolicy SEC. 1. (a) The Legislature finds and declares that there is a tremendous unmet need for new housin_o to shelter Calit'nrnia's population· The unmet bdusin~ needs will be further a_o~ravatcd by the severe cutbacks in federal housin.o programs. (b) The Legislature finds and dec lares lhal Caii fomia's ex istin~, housin~ resources are vastly underutilized due in laree part In the changes in social patterns. The improved u'Hization of this state's existing housing resources offers an inno~slive and cosI-effective solution In California's housing crisis. Ic} The Legislature finds and declares thai Ihe sidle has a role in increasing the utilizelion of CaliFornia's housing resnurces and in reducing the barriers In the provision of affordable housing. (d) The Legis]alure finds and declares thai there are many benefits associated with Ihe creation of second-family rcsidcntia[ units on existing single-familv lots which nc ude: C F7 1996 Planning. Zoning, and Development Laws · 65 (2) Providing relatively affordable housing for low-and moderate-income households without public subsidy. ..... (4) Providing security for homeowners who fear both criminal intrusion and personal accidents while alone. Localmanufactured 658523.(a)Acity. includingachanercity. county, orcityandcounty, shallallowthe nsta atonofmanufacturedhomes - ..... .: . - ..... - - - 5401, el seq.} oo.a foundation system. pursuant to Section 18551 of the Health and Safety Code. on lots zoned for same develop ment standards to whic h a conventional s ingle-fami ly residential dweili ng on the same lot wou[d be subject. shall be limited to its roof overhang. roofing material. and siding material. These architectural requirements may be dwellings. However. any architeeluraI requirements for roofing and siding material shall not exceed those which would l 0 years have elapsed between the date o f the manufacture of the manufactured home and the date of the application for (b) At the discretion of the local legislative body. any place. building. structure. or other object having a special may be exempted ftpm this section, provided the place. building, structure. or other object is listed on the N'ational Register of Historic'Places. (Added b.~' 5tats. 1980. C. 1142 Effecti~'e July' ]. [ 981; Amended b? Stars. 1988. C. ]571; Amended by 5tats. 1994, (Added b.~' 5tats. 1988. C. [572.) (Added b2.' 5tats. 1990. Ch. .~26 and amended by 5tats. ]990, CII. 122]. ) Homing pigeons 65852.6. (a) [t is the bol cv of the state to perroll breeding and the maintaining of homing pigeons consistent with the (b) For purposes of this section a "homing pigeon." sometimes referred to as a racing pigeon, is a bird of the order (Added by 5tats. 1990. Ch 329: Amended by 5tats. 1991. Ct~. ]09[. ) (Added by 5tats. 1981. Cll. 974.) Uncodifiedpolicy Note: Stars. iggl. Ch. 974. also reads: 66 · I996 planning. Zoning, and Development Laws RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT NO. 98-02, AMENDING SECTION 17.08.030, PERTAINING TO SECOND DWELLING UNIT REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 98-02, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the lOth day of June 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application 98-02 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. This 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 this Commission during the above- referenced public hearing on June 10, 1998, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The amendment is warranted in order to be in compliance with State law. b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set fodh in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. The amendment promotes the goals and objectives of the Development Code; and c. The amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. That the proposed amendment is in conformance with the General Plan. PLANNING COMMISSION RESOLUTION NO. DCA 98-02 - CITY OF RANCHO CUCAMONGA June 10, 1998 Page 2 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and furlher, specifically finds that based upon 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 State CEQA Guidelines, Section 21080.17. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2.3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. 98-02 by adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JUNE 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary 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 adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of June 1998, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ORDINANCENO. AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OFRANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENTNO. 98-02, AMENDING SECTION17.08.030, PERTAINING TO SECOND DWELLING UNITREGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 98~02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 10th day of June 1998, 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. On , the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 this Commission during the above- referenced public hearing on , including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The amendment is warranted in order to be in compliance with State law. b. The proposed amendment will not have a significant impact on the environment. c. The amendment promotes the goals and objectives of the Development Code. d. The proposed amendment is in conformance with the General Plan. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, in a manner consistent with the General Plan and with related development; and b. The amendment promotes the goals and objectives of the Development Code; and CITY COUNCIL ORDINANCE NO. ' DCA 98-02 - CITY OF RANCHO CUCAMONGA Page 2 c. The amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The proposed amendment is in conformance with the General Plan. 4. This City Council hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon 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 State CEQA Guidelines, Section 21080.17. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approvals Development Code Amendment No. 98-02, amending Section 17.08.030 (E.6.d and f), as attached. 6. The City Clerk shall certify 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 ValleV Daily Bulletin a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Rancho Cucamon~za Development Code Section 1 Z 08. 030 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 Storaqe 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 Dwel$ino Units Permitted subject to approval of a Conditional Use Permit and the following criteria: 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. The total floor area shall not exceed '1,200 square feet for a detached unit or 30 percent of the main dwelling for an attached unit. e. The unit shall have a separate entrance from the main residence. T4~.: ,.n2 s:,.=;; w,,~v;,j~ p,~king .,.d .~.~.~ p=, Cl',ap[=, ;7. i2. ~u~~ The unit ~hall provide a~cess per Chapter ~7.~2 and one enclosed parking ~pace per bedroom, not to exceed enclosed two parking spa~es per unit. Temporaq removable units shall provide one off-street parking space. 17.08-8 3/96 C Rancho Cttcamonga Development Code Section 17. 08. 030 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 use of temporary/removable structures for a second dwelling unit shall be limited to the sole occupancy of one or two adult persons who are 60 years of age or over and related to the occupants of primary residence by blood, marriage, or adoption. Further, said structure shall be restricted to the area at the rear of the primary residence and adequately screened from public view from the street. [. The unit may require design review, pursuant to Section 17.06.010-E, as determined by the City Planner. J. 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 Ann Regional Quality Control Board and the City, written certification of acceptability including all supportive information shall be submitted. 7. Uses W~thin Recoqnized Historical Structures. Existing historical landmarks and focal points which have been recognized by the City as having historical significance are encouraged to be enhanced through physical improvements. Historical structures within a residential district may be used for uses other than residential based upon the following criteria: a. A conditional use permit shall be approved by the Planning Commission. b. Any use proposed shall not cause intensification or disruption to any adjacent uses or neighborhood. c. The uses shall be limited to small scale uses such as, but not limited to, boarding house, bed and breakfast inn, minor offices. boutique, antique shop, book store, or florist. d. The site and structure shall be fully improved to include such things as. but not limited to, landscaping. parking, new exterior building materials (roofing. siding, painting), walls or fences, street improvements, drainage facilities, etc. 8. Telecommutinq Centers. Single-family development of 500 or more units shall provide a telecommuting center or contribute toward the development of one in an amount satisfactory to the City Council. 17.08-9 3/96