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HomeMy WebLinkAbout293 - Ordinances ORDINANCE NO. 293 AN ORDINANCE OF TRE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AM~DING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE SECTION 17.04.070 - TEMPORARY USES WHEREAS, ~he City Council of the City of Rancho Cucamonga, California does ordain as follows: .~CTION 1: The City Council hereby finds and determines the fol lowing: A. That the Planning Commission of the City of Rancho Cucamonga, following a public bearing held in the time and manner prescribed by lay, recommends the Amendment to Section 17.04.0?0 "Temporary Uses", of the Development Code as hereinafter described, and this City Council bas held a public beariu~ prescribed by lay and duly heard and considered said recommendation. That this Development Code Amendment is consistent with the General Plan of the City of Rancho Cucamonga. C.That this Amendment is consistent with the objectives of the Development Code. D. That this Amendment to the Development Code will have no significant envi. ronmental ilpact as provided in the Negative Declaration filed herein. SECTI~ 2: That Section 17.04.070 "Temporary Uses" is hereby amended to read as follows: Section l?.O4.O?0-~ to read as follows: ?. ~ Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions: (e) The sales office may be located in s garage, trailer or 'dwelling. (b) Approval shall be for a ~o-year period, at which time the sales office use shall be terminated and the structure restored back to its original condition. ~xtensions may be granted by ~be City Planner in one year increments up to s laximum of four (4) years or until ninety (90) percent of the development is sold; whichever is less. (c) A cash deposit, letter of credit, or any security determined s&~isfactory to the City shall be submitted to the City of Rancho Cucamonga, in an amount to be set by Council Resolution, to ensure the restoration or removal of the (d) The s~los office is to be used o~ly for transactions involving the oale, rent, or lease of lots.s~d/or structures within the tract in which ~he, sales office is located, contiguous tracts, or a planned commonity. ~ovever, the Planning Co-~ission may consiior off-$i£a model home sales offices subject to ~[ie ~rsnting of a Conditional Use Permit (See Section 17.0&.070.-c-8). Ordinance No. 293 Page 2 (e) Failure to terminate sales office and restore structure or failure ~o apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of structure. (f) Street improvements and temporary off-street parking at a rate of two (2) spaces per model shall be completed to the satisfaction of the City Engineer and City Planner prior to commencement of sales activities or the display of ~odel homes. (g) Ail fences proposed in conjunction with the ~odel homes and sales office shall be located outside of the public right-of-way. (h) Flags, pennants, or other on-site advertising shall be regulated pursuant to the Sign Regulations of the Municipal Code. (i) Use of signs shall require submission of a sign permit application for review and approval by the Planning Division prior to installation. Off-Site Node1 Bomes. A ~odel home sales office, when not located within one of the three circumstances identified in Section 17.04.070-C-7(d), is to be considered as an off-site model home sales office. Off-site model home sales offices may only be permitted subject to the granting of a Conditional Use Permit by the Planning Commission as prescribed in Section 17.04.030, and in conformance with the following criteria. (a) A sales office within the ~odel home complex may only be located within the dwelling itself, or within the garage. Trailers, modulate, or any similar temporary structure, shall not be permitted. (b) A cash deposit, the amount to be determined by the City Planner, will be required upon issuance of the Conditional Use Permit to insure restoration of the model home sales office to its intended ultimate configuration. (c) Off-street or other parking within a paved lot or by some other means acceptable to the City Planner shall be provided at the ratio of 2 spaces for every model home and shall be located within the li~its of the model home sales office. The provision of off-street parking is a necessary prerequisite for the granting of this permit, and its development shall be completed prior to the co~ncement of activities of display of model homes. (d) The hours of operation that the model home sales office may be opened to the public for business shall be limited to beVeeen the hours of 10:00 a.m. to 6:00 p.m. Ordinance Nc. 293 Page 3 (e) All fences proposed in conjunction with the model home sales office shall be located outside of the public right-of-way. (f) If proposed, adequate on-site lighting shall be provided to insure a safe and secure environment, while at the same time being designed and placed in such a manner as to prevent stray light or glare from becoming a nuisance factor for adjacent properties. The lighting design employed should be of a lo~-level type of system, (i.e., Nalibu style lighting.) A detailed lighting plan shall be submitted for the review and approval of the City Planner prior to the commencement of activities or display of model homes. (8) The approval of this permit shall be for a one-year period, at which time the model home/sales office use shall be terminated and the structure(s) restored back to its (their) original condition. Ti~e extensions may be granted by the Planning Commission up to a maximum of one-year, or until 901 of the development is sold, whichever is less. Request for ti~e extensions must be received by the Planning Division at least 30 days prior to the date of expiration. Any requests for extension of this Conditional Use Permit beyond the years would require the applicatioo of a new Conditional Use Permit. Irrespective of the above, any model home sales office in existence as a combination of as first an on-site use, than as an off-site use, shall be in existence an aggregate total time not to exceed three years. (h) All model home lots shall be fully landscaped including, but not limited to, a permanent, underground irrigation system, specimen size trees, and the use of shrubbery, ground cover, and lawn in combination to produce a pleasing and aesthetic environment compatible with the surrounding established neighborhood. (i) Before approving a Conditional Use Permit, the Planning Commission shall make the necessary mandatory findings as prescribed in Section 17.04.030-E, plus the following additional findings: (1) That the model home sales office is compatible with and sensitive to the immediate environment of the site and neighborhood, and that its location will not be detrimental to the health, safety or welfare, or result in any significant adverse impacts for any residents within the surrounding established neighborhood. (2) That the location of the model home sales office has sufficient access to a primary circulation route (collector, secondary, or arterial) so that any additional traffic generated as a result of this project will Ordinance No. 293 Page 4 not have any significant impact for the surrounding development. To insure Chat any traffic impacts associated with the establishment of a model home sales office are minimized, it will be required that concurrent with any application for a Conditional Use Permit for an off-site model home sales office, that the applicant will also include a traffic study to be prepared by a certified traffic engineer detailing all potential traffic impacts expected to result from the project, and proposing any required mitigation measures that would be necessary to reduce any traffic impacts to the surrounding established neighborhood. (3) The sufficient on-site, off-street parking is available so that any additional parking demand 8enerated as a result of this project would not have any significant adverse impacts for the surrounding development. (4) That the individual elements of the model homes sales office, (i.e., lighting, signing, fencing, hours of operation), are designed in a collective, coordinated manner to ensure a safe, secure, an aesthetic environment, sensitive to and compatible with the surrounding development. As a minimum, the Planning CommisBion shall determine that the proposed site is developed consistent with the landscaping requirements per Section l?.0&.0?0-C-8(h). (5) That the model home sales office i8 to be of a temporary, short-term nature; short term is defined as having a life expectancy not to exceed two years. Trailer coaches or mobile ho~" on active construction sites for use as a temporary living quarters for security personnel, or temporary residence of the subject property o~ner. The follo~ing restrictions shall apply: (a) The City Planner may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two (2) years. If exceptional 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 a valid building permit has been issued by the City Building and Safety Division. (c) Trailer coaches permitted pursuant to this section shall not exceed a maxi.-,m gross square footage of six hundred fifty (650) square feet in size (tongue not included). ordinance Ho. 2q3 Page 5 (d) The trailer coach must have a valid Cali[ornia vehicle license and shall provide evidence o£ Division o[ ltcusin$ approval aS prescribed Code of the State S. tate ,lib i;deJt:~olatatatal vehicle being de£ined as a motorhome, travel trailer, truck camper or · · or ~ithout ~tor power, shall not tempOral7 t~aile~ coach iustallatiou ~ot of the (e) ~e Beattb meet alt t~uitemeUts and Count7 Department o[ gnvi~oument al semites and the Ci~7 Building and Sa~eW Division- ant to this section in Any permit issued pu~su · - ~o~ec~ shall cancellation or completion o~ become invalid upon ~his use has been pe~t [o~ which the building the ~P~a~°n o[ the ~me [o~ which app~ov~, o~ s~ant~' the approval has been ~he above activities si~la~ to ~hat t~me, 10. othe~ uses an~ __ b~ ~he City Flannel- appropriate deemed ~e~ved [~om the si~e. t~aile~S shall be . . ~e use of te~po~a~ eS [or ~=' · ' ct to tue struc~Ut ' ~u~ dial;sCl sub,e.g. ~e;ulatiouS stated consi~eC~ L~ -~. ~e~gt ano rich SectiOn 17.10-30-~' . 'nance and the Cit7 .... ;~n th~s O~d~ ..... ite~ its paosag~ -- - ~e ~70~ snail .[[~. ~4fteen (1~) oay- -. _.~. oublishe~ ~- -~ be publish .... ~ oi Sene; t - r:~ oi ~ncho ~ -s~ once tn ~catilo~nLa, at -~' Cit' oi OntariO, in t~e Cuca~n~a, phSS~, hP~' and ADO~ this 16th da~ of July, 19~. A~ZS: ~i~ets, Buquet, ~in~, Dahl, ~O~: ~one ~S~T: Rone A~: Ordinance No. 293 Page 6 I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 2nd day of July, 1986, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of July, 1986. Executed this 17th day of July, 1986 at Rancho Cucamonga, California. Beverly A/Authelet, City Clerk