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HomeMy WebLinkAbout285 - Ordinances ORDINANCE NO. ~85 AN ORDINANCE OF THE CITY COUNCIL OF THE UIT~ OF RANCHO CUC~ONGA, CALIFORNIA, ' M4ENDING TITLE 17.02.130 OF ' THN.;' i ;~D~VELOPMENT CODE, REGARD [1~'. ' .. ~0'N- CONFORMING USE The City Co%lnoll of ~the City of Rancho Cu'oamonga, California, does ordain as followS: SECTION 1: That Sect-ion 17.02.130 is hereby a~ended to read as follows .' Section 17.02.130 ' Non-Confor~in~ Uses & Structures A. Purpose. This section~ is intended to lim/t the number and extent of non-oonfo~m~ing uses by regulating their enlargement, their reestablishment after abandonment, and~ the alteration or restoration after destruction of the structures they occupy. In addition, this section is intended to limit the .'numb~- and ,xtent of non-oonfo~m/ng structures by proh,~biting their,'being,~oved, altered, or enlarged in a manner that wo~ld 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 ~ regulations or the site area regulations for the dis~rict in which the use ~is located shall be deemed to non-conforming use and may be continued, except as otherwise limited in this Section. 2. A structure, la~fully occupying a site) that d~s not conf~rm with the sta~ar~ for front yard, side yards., rear yard, height, coverage, df~4~am~e between stPuctumes, and parking fa~'ilities for the district i~ ~Yaluh~ t'he~st~ucture .is- located, shalT' be deemed to be a non~conf~e~tn~ structure and ,~may cbe~.- used and maintained, except as limited 'in~.this Section. 3. Routine maintenance and repairs may be performed ~)n a non- conforming use or structure. C. Alterations and Additions to Non-Co~forJain~ .Uses-~.and Structures 1. NO non-confo~xlng'~'~se shaii be en~ed o~ ~xtended in such a way as to occupy any part of the structure o~' site"Or~ 'any other structure or site which it did .not occupy at the 't~me. lt became a non-conforming use, or ~n such a way as to ~displace any conforming use oco'~ing-a structure or site,~.'~'.~x~ept as permitted in this 2. No non-conforming structure shall be. altered, Or reconstructed so as to increase '%he '~discrepan'~y between existing conditions and - the standards ~%r ~front yard%~.'side yards, ~rear yard, height of structures, distances betweew'~%ructures and. ~arking facilitieS'- as prescribed in 'the regulations for the district in which ~he structure is located. D. Discontinuation of Non-Conforming Use. Whenever a non-co~forming use has been changed' to a conforming use or has been discontinued for a continuous period of 180 days or mome,.~the, non-conforming ~ shall not be reestablis~e~, and the use of %~e .s~ructure om, site thereafter shall be in conformity ~%h the regulati~m~_~or'~he district 'in 'which it is located, prOvided"%hat this sectiom-Shall not apply 'to non- '~ conforming dwelling units. Discontinuation shall include termination of a use regardless of intent to resume the: use. ~ · Ordinance No. 285 Page 2 E. Chanse of Non-Conforming Use. The Planning Commission may consider and approve, or conditionally approve, a request to change a non- conforming use to a different non-conforming use, provided that 1) there is no new structure, 2) said use is not of greater intensity (ag, traffic, noise, density, parking demand, odor, light), and 3) said use complies with the provisions of Section 17.02.130C2, subject to a Conditional Use Permit as specified in Section 17.04.030. F. Restoration of a Damaged 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 facilities as prescribed in the 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 of the structure is voluntarily razed or is required 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 purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. G. City Planner. Any request for alteration, expansion or restoration of a non-conforming use or structure shall be reviewed by the City Planner to determine compliance with the provisions contained in this section, or refer it to the Planning Commission as specified in Section 17.02.130-G. The City Planner shall notify the applicant and surrounding property owners of the decision. The decision of the City Planner may be appealed by any aggrieved party within ten (10) calendar days of the decision. H. Plannin$ Commission Review. The Planning Commission shall conduct a public hearing pursuant to Section 17.02.110. The Planning Commission shall review each case and all matters of fact. The Commission may grant the request, grant the request with modification, 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 such request will or will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2: The City Council finds that Development Code Amendment 85-06 is an implementation of the General Plan goals and policies and that the General Plan Environmental Impact Report adequately covers any potential significant adverse impacts. Further, the City Council finds that no subsequent or supplemental environmental impact report is required pursuant to Division 13, Chapter 6, Section 21166 of the Public Resources Code. Specifically, the City Council finds that: A. No substantial changes are proposed in any goals or policies which would require major revisions to the EIR. Ordinance No. 285 Page 3 B. No substantial changes have occurred with respect to the circumstances under which the project is being undertaken. C. No new information on the project has become available. SECTION 3: A Negative Declaration is hereby adopted for this Development Code Amendment, based upon the completion and findings of the Initial Study. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 5th day of February, 1986. AYES: Wright, Mikels, Dahl NOES: None ABSENT: Buquet, King Jo~D. Mik~ls, Mayor ATTEST: Beverly A. &uthelet, City Clerk 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 15th day of January, 1986, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 5th day of February, 1986. Executed this 6th day of February, 1986 at Rancho Cucamonga, California.