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.