HomeMy WebLinkAbout211 - Ordinances ORDINANCE NO. 211
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING TITLE 17, DEVELOPMENT
CODE OF THE RANCHO CUCAMONGA MUNICIPAL CODE, INCLUDING
ADOPTION OF A DEVELOPMENT DISTRICT MAP, REPEALING THE
INTERIM ZONING ORDINANCE, AND REPEALING TITLE 17 AND
CERTAIN SECTIONS OF THE RANCHO CUCAMONGA MUNICIPAL CODE
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: That the Interim Zoning Ordinance, and all amendments
thereto, are hereby repealed.
SECTION 2: The following sections of the San Bernardlno County Code,
previously adopted by reference, are hereby repealed:
(a) 61.021 through 61.029C, inclusive;
(b) 61.0210 through 61.0219P, inclusive;
(c) 61.0220 through 61.0223, inclusive.
SECTION 3: The following chapters of the San Bernardino County Code,
previously adopted by reference, are hereby repealed in their entirety:
(a) Chapter 3. Subdivision Code;
(b) Chapter 4. Mobilehome Parks.
SECTION 4: Title 17 of the Rancho Cucamonga Municipal Code is hereby
repealed, with the exception of Chapter 17.16, Condominium Conversions, which
shall be renumbered as Chapter 17.22.
SECTION 5: The following sections of the Rancho Cucamonga Municipal
Code are hereby repealed:
(a) 1.08.090. Director Review;
(b) 1.08.150 through 1.08.170, inclusive. Home Occupations;
(c) 1.08.180 through 1.08.190, inclusive. Pyramidal Zoning.
SECTION 6: The Rancho Cucamonga Municipal Code is hereby amended by
adding Title 17 thereto to read as follows:
SECTION 7: The development district map, attached hereto as Exhibit
"A", is hereby adopted.
SECTION 8: The City Council finds that the Development Code 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.
A. No substantial changes are proposed in any goals or
policies which would require major revisions to the
EIR.
B. No substantial changes have occurred with respect to
the circumstances under which the project is being
undertaken.
Ordinance No. 211
Page 2
C.No new information on the project has become
available.
SECTION 9: The Mayor shall sign this Ordinance and the City Clerk
shall cause a display advertisement of at least one-quarter of a page to be
published pursuant to Government Code Section 36933 (c)(2) 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 7th day of December, 1983.
AYES: Dahl, Buquet, Mlkels, Schlosser, Frost
NOES: None
ABSENT: None
ATTEST:
Lauren M. Wasserman, City Clerk
TABLE OF CONTENTS
CHAPTER 17.02 - ADMINISTRATION
Section 17.02.010 - Purpose and Intent ....................................... 1
Section 17.02.020 - Development Districts .................................... 2
Section 17.02.030 - Conflicts and Clarifications ................................ 4
Section 17.02.040 ~ Use Determination ....................................... 4
Section 17.02.050 - City Planner ........................................... 5
Section 17.02.060 - Amendments ........................................... 5
Section 17.02.070 - Revisions/Modifications ................................... 7
Section 17.02.080 - Appeals ............................................... 8
Section 17.02.090 - Approval to Extend With the Land or AppLicant .................. 9
Section 17.02.100 - Lapse of Approval and Extensions ............................ 9
Section 17.02.110 - Public Hearings and Notification ............................. 9
Section 17.02.120 - Noise Abatement ....................................... 11
Section 17.02.130 - Non-Conforming Uses & Structures .......................... 13
Section 17.02.140 - Definitions ........................................... 15
CHAPTER 17.04 - PERMITS
Section 17.04.010 - Purpose & Intent ....................................... 42
Section 17.04.020 - Permit Applications ..................................... 42
Section 17.04,030 - Conditional Use Permits .................................. 43
Section 17.04.040 -Variances ............................................ 46
Section 17.04.050 - Minor Exception ....................................... 47
Section 17.04.060 - Home Occupations ...................................... 49
Section 17.04.070 -Temporary Uses ........................................ 51
CHAPTER 17.06 - LAND DEVELOPMENT REVIEW
Section 17.06.010 - Development/Design Review .............................. 55
Section 17.06.020 - Minor Development Review ............................... 62
Section 17.06.030 - Residential Growth ~Vlanagement Review System ................ 63
CHAPTER 17.08 - R~IDENTIAL DISTRICTS
Section 17.08.010 - Purposes and General Plan Consistency ....................... 66
Section 17.08.020 - Residential Development Districts .......................... 66
Section 17.08.030 - Use Regulations ........................................ 67
Section 17.08.040 -Site Development Criteria ................................ 75
Section 17.08.050 - Absolute Policies ....................................... 79
Section 17.08.060 - Special Development Criteria .............................. 85
Section 17.08.070 - General Provisions ...................................... 91
Section 17.08.080 - Performance Standards .................................. 92
Section 17.08.090 - General Design Guidelines ................................ 94
CHAPTER 17.10 - COMMERCIAL/OFFICE DISTEICTS
Section 17.10.010 - Purposes and General Plan Consistency ....................... 97
Section 17.10.020 - Commercial Office Districts .............................. 97
Section 17.10.030 - Use Regulations ........................................ 98
Section 17.10.040 -Site Development Criteria ............................... 109
Section 17.10.050 - Performance Standards .................................
Section 17.10.060 - General Design Guidelines ............................... ~14
CHAPT]/R 17.12 - PARKING ItEGULATIONS
Section 17.12.010 - Purpose and General Plan Consistency ....................... 117
Section 17.12.020 -Basic Regulations For Off-Street Parking .................... 117
Section 17.12.030 - Design Standards ...................................... 118
Section 17.12.040 - Parking Regulations .................................... 125
CHAPTER 17.14 - SPECII~IC PLAN8 AND PLANNED COMMUNITIES DISTRICT
Section 17.14.010 - Purpose and General Plan Consistency ....................... 132 ~
Section 17.14.020 - Specific Plan District/Planned Community ................... 132
{
Section 17.14.030 - Adopted Specific Plans .................................. 139
Section 17.14.040 - Adopted Planned Communities ............................ 139
CHAPTER 17.16 - OPEN 8PACE DISTRICTS
Section 17.16.010 - Purpose and General Plan Consistency ....................... 141
Section 17.16.020 - Districts ............................................ 141
Section 17.16.030 - Use Regulations ....................................... 141
Section 17.16.040 - Site Development Regulations .......................... 143
CHAPTER 17.18 - HILI?IDE IM/SIDENTIAL DISTRICT
Section 17.18.010 - Purpose and General Plan Consistency ....................... 145
Section 17.18.020 - Use Regulations ....................................... 146
Section 17.18.030 -Site Development Regulations ............................ 147
Section 17.18.040 - Development Performance Standards ....................... 147
CHAPTER 17.20 - OVE~tLAY DISTRICT~
Section 17.20.010 - Purpoze ............................................. 151
Section 17.20.020 - Administration ....................................... It
Section 17.20.030 - Master Plan Overlay District ............................. 15~
Section 17.20.040 -Senior Housing Overlay District ........................... 153
Section 17.20.050 - Equestrian Overlay District .............................. 155
Section 17.02.010
CHAP'r~R 17.0~
ADMll~TB. ATION
Section 17.02.010 - Purp~ and Intent
A. Title. This title is. known as the Development Code of the City of Rancho
Cueamonga.
B. Adoption. This title is adopted pursuant to the authority granted to the City of
Rancho Cucamonga by Section 65800 et. seq. of the Government Code of the
State of California.
C. Purpose/Intent. These standards and guidelines for the City of Rancho
Cueamonga are hereby established and adopted to protect and promote the public
health, safety, morals, comfort, convenience, welfare; and more particularly:
1. To implement the goals and objectives of the General Plan and to guide and
manage the future growth of the City in accordance with such plan;
2. To protect the physical, social, and economic stability of residential,
commercial, industrial, and other land uses within the City to assure its
orderly and beneficial development;
3. To reduce hazards to the public resulting from the · ~.ppropriate location,
use, or design of buildings, and other improvements;
4. To attain the physical, social, and economic advantages resulting from
comprehensive an orderly land use and resource planning.
D. Consistency with the Land Use Element of the General Plan. No use of land or
buildings for which an application is required pursuant to this title is to be
approved for processing under this title unless it is consistent with the Land Use
Element of the General Plan. In any case where there is a conflict in regulation
between this title and the Land Use Element, the Land Use Element prevails. A
proposed use is consistent with the Land Use Element when all of the following
conditions exist:
1. The proposed use is allowed as a primary or secondary use in the Land Use
Element designation in which the use is located, as shown by the Land Use
Element map and as described in the text of the City's General Plan.
2. The proposed use is in conformance with the programs and standards of the
Land Use Element.
3. The proposed use is to be established and maintained in a manner which is
consistent with the Land Use Element and all applicable standards contained
therein.
-1-
Section 17.02.020
Section 17.02.020 Development Districts
In order to classify and regulate the use of the land, buildings and structures, and to
establish minimum site development regulations and performance standards applicable to
sites in the City, the City hereby is divided into the following districts:
~lap
A. District Title Designation
Residential Districts
Very Low (1-2 du/ac) VL
Low (2-4 du/ac) L
Low-Medium (4-8 du/ac) L~I
Medium (8-14 du/ac) M
Medium-High (14-24 du/ac) MH
High (24-30 du/ac) H
Comme~eialYOffice Districts
Office & Professional OP
Neighborhood Commercial NC
General Commercial GC
Specific Plan Distriets SP
Pl~m~ed Community Districts PC
Open Space Districts
Open Space OS
Flood Control FC
Utility Corridor UC
l~iH.,ide Resident. iai District HR
Overlay Districts
Senior Housing SHOD
Master Plan MPOD
B. Adoption of Development District Map
1. Boundaries of the Development Districts hereby established by this
ordinance shall be shown on the Development District Map of the City of
Rancho Cueamonga, California. The Development District Map, together
with all legends, symbols, notations, references, District boundaries and
other information thereon, shall be a part of this ordinance and is adopted
concurrently herewith.
2. The Development District Map and a record of all prior amendments thereto
shall be kept on file with the City Clerk, and shall constitute the original
record. A copy of the currently effective District Map shah also be kept on
file with the Community Development Department. Changes in the
boundaries of any district shah be made by ordinance pursuant to Chapter
17.02, and shall be reflected on the Development District Map.
-2-
Section 17.02.020
C. Applleability
1. The provisions of this oedinanee hereby are declared to be in effect upon all
properties included within the boundaries of each and every district
established by this Code.
2. Wherever a lot or site is divided by the boundary between districts, the
regulations applicable within each district shall apply to each portion of the
site situated in a separate district.
3. Ail lands now or hereafter included within the City, which lands are not
included within a specified district shown on the Development District Map
or are not shown as pre-<iistriet to a specified district in accord with
applicable provisions of this ordinance, shall be deemed within the Open
Speee District.
4. The followin~ ru/es shall apply in the determination of the boundaries of any
district shown on the Development District Map:
(a) Where boundaries are indicated as approximately following street and
a]ley lines or other identifiable property or boundary l/nas, such lines
shall be construed to be the District boundary. Where such boundaries
are indicated as within street and alley lines, or within identifiable
rights-of-way or creeks, the center line thereof shall be construed to
be the district boundary.
(b) In unsubdivided property, where a district boundary divides a lot, the
location of the district boundary, unless the same shall be indicated
by dimensions~ shall be determined by use of the scale appearir~ on
the Development District Map.
(e) A symbol, or symbols~ indieatin~ the classification of property on the
Development District Map shall in each instance apply to the whole of
the area within the Development District ooundaries.
(d) Where a public street, alley, or right-of-way is officially vacated or
abandoned, the regulations applicable to ~13uttin~ property shall apply
equally to each half of such vacated or abandoned street, alley or
flight-of-way.
5. Distances between structures, or between a structure and any property line,
setback line, or other line or location prescribed by this Development Code
shall be measured to the exterior face of the nearest wall or vertical support
of such structure.
6. Any structure for which a building permit has been issued under the
provisions of earlier ordinances of the City, and which is in conflict with this
ordinance, may be constructed in accordance with the plans and
specifications upon which the permit was issued, provided such permit is
valid at the time of beginning of construction.
-3-
Section 17.02.030 & Section 17.02.040
7. Subdivision and development of property pursuant to a tentative tract map
or tentative parcel map which has been approved pursuant to the provisions
of earlier ordinances of the City, and which is in conflict with this
ordinance, may be continued and completed in accord with the provisions of
approval provided it is completed within the time limit in effect at the time
of its approval, provided it complies with all other ordinances and laws in
effect at the time of approval. Final tract maps may be approved pursuant
to this section and building and other permits may be issued for any lots
created pursuant to this section consistent with such approval.
SeetiQn 17.02.030 Conflicts And Clnrifieationn
The provisions of this Code are not intended to interfere with or void any easements,
covenants, or other existing agreements which are more restrictive than the provisions of
this Development Code.
A. Conflict With Other Regulations. Whenever the provisions of this Code impose
more restrictive regulations upon buildings or structures, or on the use of lands, or
require larger open spaces, yards, or setbacks, or otherwise establish more
restrictive regulations than are imposed or required by any other law, title,
ordinance, code or regulation, the provisions of this Code shall govern.
B. Clarification of Ambiguity. If ambiguity arises concerning the appropriate
classification of a particular use within the meaning and intent of this title, or if
ambiguity exists with respeet to matters of height, yard requirements, area
requirements, or District boundaries as set forth herein, it shall be the duty of the
Planning Commission to ascertain all pertinent facts and by resolution of record
set forth the findings and the interpretations.
C. Statutory Authority in Case of Conflicting Provisions. Nothing in this Code shall
be deemed to affect, annul or abrogate any other ordinances pertaining or
applicable to the properties and areas affected by this Code. In the event that a
conflict does arise, the more restrictive Cede requirement shall apply.
Section 17.02.040 Use Determination
A. Purpose and Initiation. In order to ensure that the Development Code regulations
will permit all similar uses in each district, the Planning Commission, upon its own
initiative or upon written request shall determine whether a use not specifically
listed as permitted, secondary, accessory or temporary use in any district shall be
deemed a permitted use or conditional use in one or more districts on the basis of
similarity to uses specifically listed. The procedures of this section shall not be
substituted for the amendment procedure as a means of adding new uses to the list
of permitted or conditional uses.
B. Application. Application for determination of similar uses shall be made in
writing to the City Planner and shall include a detailed description of the proposed
use and such other information as may be required by the City Planner to
facilitate the determination.
C. Investigation and Report. The City Planner shall compare the proposed use
characteristics with the General Plan goals and objectives as well as the purposes
of each of the use districts and may determine if the proposed use should be a
permitted or conditional use in any of the districts and shall make a report of his
findings to the Planning Corn mission.
-4-
Section 17.02.050 & Section 17.02.060
D. The Planning Commission shall base its decision upon meeting the following
findings:
1. The use in question is of a similar intensity to other permitted or
conditionally permitted uses in the same district.
2. The use in question meets the purpose and intent of the district in which it is
proposed.
3. The use in question meets and conforms to the applicable goals and
objectives of the General Plan.
E. Determination. The determination of the Planning Commission by resolution shall
be effective ten (10) calendar days after the date of decision unless appealed to
the City Council as prescribed in Section 17.02.080.
Seelioo 17.0'2.050 City PLanner
A. This title shall be administered by the City Planner whose responsibilities for this
title include the following functions to be carried out either directly or by
subordinate employees:
1. Application Process. Receive and review all applications for development
pursuant to this title. Processing includes the certification of completed
applications; the establishment of a permanent file; posting of public
notices; eoUeetion of applicable fees; preparation of reports; processing of
appeals; and presentation of staff reports to the Development Review
Committees, Planning Commission and City Council.
2. Interpretation. Interpret the provisions and advise the public on the
requirements of this title.
3. Amendment. Initiate action for amendment of this title where it is
determined that such amendment would better implement the General Plan
goals and objectives and increase its effectiveness and/or improve or clarify
the contents of this title.
4. Permit Issuance. Issue permits under this title and certify that all such
permits are in full conformance with its requirements.
5. Coordination. Refer and coordinate matters related to the administration of
this title with other agencies and City departments and provide information
on the status of all development permits.
Section 17.02.060 Ame~lments
A. Purpose and Intent. This Section establishes the procedures for amending district
regulations and boundaries. The amendment process is necessary to provide
consistency with the Development Code with the General Plan and state law, and
to increase its effectiveness and clarity to implement the General Plan goals and
objectives.
-5-
Section 17.02.060
B. Initiation
1. A change in the boundaries of any district may be initiated by the owner or
the authorized agent of the owner of property by filing an application for a
district amendment as prescribed in this section. If the property for which
rezoning is proposed is in more than one ownership, all the owners or their
authorized agents must join in fillag the application.
2. A change in the boundaries of any district or a change in the regulations may
be initiated by the consensus of the City Planning Commission or City
Council.
C. Application
1. Application for amendments shall be filed with the Planning Division on a
form prescribed by the City Planner:
2. The City Planner may require additional information if necessary to enable
the Commission to determine whether the change is consistent with the
objectives of this Code and the City's adopted General Plan.
3. An application initiated by a property owner shall be accompanied by a fee
established by the City Council.
D. Concurrent Applications. An application for an amendment may be filed
concurrently with any other application(s) as deemed appropriate by the City
Planner.
E. Public Hearing. The Planning Commission shall hold a one public hearing on each
application for a district boundary change or for a change in district regulations.
The hearing shall be set and notice given as prescribed in Section 17.02.110.
F. Action by the Planning Commission. The Planning Commission shall state by
resolution whether the change is consistent with the objectives of this Code and
with the General Plan, and shall recommend to the City Council that the
amendment be granted or granted in modified form. A decision to deny such
request may be appealed to the City Council as prescribed in Section 17.02.080.
G. Alternative Clnssifieation in Lieu of Proposed Classification. When the
Commission determines, following a public hearing on a proposed district boundary
amendment that a change to a district classification other than the proposed
classification specified in the hearing notice is desirable, the Commission may
recommend an alternate classification. The Commission must determine that the
recommended alternative is more appropriate for the subject property and is
consistent with the General Plan and intent of the Development Code. If it is
more intense than the recommended alternative a new public hearing is required.
H. Action by the City Council
1. Within forty-five (45) calendar days after the recommendation of the
Planning Commission to approve a district change, or if an appeal has been
filed by the applicant or any other person prescribed in Section 17.02.080 the
City Council shall hold at least one public hearing. The hearing shall be set
and notice given as prescribed in Section 17.02.110.
-6-
Section 17.62.070
2. Following the closing of a public hearing, the Council shad make specific
findings to whether the change is consistent with the objectives of this
ordinance and with the General Plan. If the Council finds that the change is
consistent, it shad introduce an ordinance amending the District Map or
district regulations, whichever is appropriate. The Council shad not modify
a recommendation of the Planning Commission on a district change until it
has requested and considered a report of the Commission on the
modification. Failure of the Commission to report within forty-five (45)
calendar days after receipt of the Council request shad be deemed
concurrence.
I. New Application Following Denial. FoDowing the denial of an applleation for a
change in district boundaries an application or request for the same or
substantially the same change shad not be filed within one year of the date of
denial.
J. Change in District Map. A change in district boundaries shah be indicated by
listing on the district map the number of the ordinance amending the district map.
K. Pre-District.
1. For the purpose of establishing district regulations to become effective only
upon annexation~ property outside the corporate boundaries of the City of
Rancho Cucamonga, within the sphere of influence, may be classified within
one or more districts in the same manner and subject to the same procedural
requirements as prescribed for property within the City.
2. Upon passage of an ordinance establishing the applicable pre-district
designation for property outside the City, the district map shad be revised to
show the potential or "pre-district" classification to become effective upon
annexation, and shall identify each district or districts applicable to such
property with the label or "PRE-DISTRICT" in addition to such other map
designation as may be applicable.
Seeticn 17.02.0'/0 Revisions/Modifications
A. Minor Revisions - Administrative. Minor revisions or modifications to approved
site plans, conceptual grading plans, conceptual landscape plans, or architectural
plans may be approved by the City Planner. Minor revisions and modifications
shad be defined as and shad include the following:
1. Floor plan changes which do not result in more than a ten (10) percent
change;
2. Parking and circulation configurations which do not change the basic parking
areas or circulation concept (such as relocating whole parking areas from
one area of the site to another or by adding or deleting circulation areas that
could have potential impacts to adjacent or surrounding properties);
3. Outside building configurations which do not create a greater bulk, scale, or
change in the line of sight;
4. Building placements which do not change the general location and layout of
the site;
-7-
Section 17.02.080
5. Grading alterations which do not change the basic concept, increase slopes,
or building elevations, or change course of drainage which could adversely
affect adjacent or surrounding properties;
6. Landscape modifications which do not alter the general concept or reduce
the effect or amount originally intended;
7. Architectural changes which do not change the basic form and theme;
8. Exterior material or color changes which do not conflict with the original
architectural form and theme, and which are consistent and compatible with
the original materials and colors.
In addition to the above guidelines, the City Planner must determine that the
circumstances, standards, ordinances, conditions and ~indings applicable at the
time of the original approval still remain valid. The City Planner may refer any
minor revisions or modifications to the Design Review Committee for their
recommendation prior to his final decision.
B. Major Revisions - Commission. Revisions or modification to site plans, grading
plans, landscape plans, or architectural plans which are not considered minor as
described in the previous section, shall be considered a major revision. Also, any
request for a change in conditions of approval shall be considered a major
revision. Major revisions shall be processed through the same approval procedure
and authority which granted the original approval. The applicant requesting such
revisions shall be required to supply any necessary plans, as deemed appropriate by
the City Planner, and pay necessary fees to cover the review procedure. The
decision of the approval authority shall be final unless appealed m accordance
with Section 17.02.080.
Se~tiofl 17.02.080 Apt)eeLs
Appeals of any actions of the City Planner or Planning Commission, as outlined below,
may be made by any person in the manner described below. While an appeal is pending,
the establishment of any affected structure or use is to be held in abeyance. In hearing
such an appeal, the appeal body (Planning Commission or City Council) may affirm,
affirm in part, or reverse the previous determination which is the subject of appeal,
provided that an appeal is not to be granted only when the relief sought should otherwise
be granted through Variance or amendment of this title or of the Land Use Element of
the General Plan.
A. Administrative Decision. Appeals based on decisions by the City Planner may be
filed by any aggrieved party with the Planning Commission. Except as otherwise
provided in this title, such appeal is to be filed with the secretary of the Planning
Commission in writing within ten (10) calendar days of the decisive action. The
Planning Commission may consider the matter and may affirm or reverse wholly
or partly, the action which is in question.
B. Plannin~ Commission Decision. Appeal of a Planning Commission decision or
interpretation of the provisions of this title including consistency with the Land
Use Element of the General Plan may be made by filing a written notice of appeal
with the City Clerk within ten (10) calendar days following the Planning
Commission's decision. The City Council will consider the matter, and may affirm
or reverse wholly or partly, the action which is in question.
-8-
Section 17.02.090, Section 17.02.100 & Section 17.02.110
Section 17.02.090 Appt*ovM to Extend With the land ~ Applicant
Any Approval such as an approved site plan, grading plan, landscape plan or architectural
plan, shall run with the land and shall continue to be valid upon a change of ownership of
the site or structure to which it applies. The ~lanning Commission may specify that
approvals for Conditional Use Permits run with the applicant, owner and/or operator.
Section 17.02.100 ld~ee of Approval and Kxterui(ms
A. Lapse of Approvals. Approvals for development review, conditional use permits,
variances, and minor deviations shall lapse and become void twenty-four (24)
months from the approval date, unless a different expiration date is specifically
established as a condition of approval and unless one of the following actions
occur**
1. A building permit is issued in accordance with the approved entitlement and
construct;on is commenced and diligently pursued toward completion; or,
2. A Certificate of Occupancy is issued.
B. Extensions. An extension may be issued for lapse of approval for projects
described in the previous subsection. Approvals originally granted by the City
Planner may be extended by the City Planner. Approvals by the Planning
Commission may only be extended by the Planning Commission. Extensions may
be granted in twelve (12) month increments and not to exceed a total of four (4)
years from the original date of approval. All requests for extensions should be
filed with the City Planner sixty (60) days prior to the expiration date. The City
Planner or Planning Commission may extend the approval of a project if they find
that there has been no significant changes in the Land Use Element, Development
Code, or character of the area within which the project is located, that would
cause the approved project to become inconsistent or non-conforming. Also, the
granting of an extension should not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Section 17.02.110 Public HearinBs and Notification
A. General. A public hearing shall be held prior to action by the Planning
Commission or City Council in any of the following cases. These public hearings
are conducted in order to encourage public participation and discussion.
1. Any change in the text of this title and/or General Plan.
2. Any change in the District Map.
3. As specifically required by state law (i.e., tentative tract and parcel map,
conditional use permits, variances).
4. As determined necessary or desirable by the Commission and/or Council
upon the adoption of a resolution setting the time and place for a public
hearing.
-9-
Section 17.02.110
B. Authority to Notice Hearings. The City Planner is hereby authorized to advertise
and to notice a public hearing as provided in this part for the Planning Commission
and the City Clerk for the Council when required by this title or when such
hearing is considered desirable or necessary in order to carry out the purpc e of
this title.
C. Notice of Filing. At such time as an application for a project which requires a
public hearing before the Planning Commission is deemed complete for processing,
the City Planner shall cause notices to be posted conspicuously on the project site
not more than 300 feet apart along project perimeter fronting on improved pub)lie
streets. Each notice shall contain a general description of the project and a copy
of any proposed subdivision map or site plan. Such notices shall have the following
title in lettering not less than one (1) inch in height: "NOTICE OF FILING".
D. Notice of Hearing. At least ten (10) days before the public hearing of a project
requiring a public hearing, the City Planner shall cause notice of the time and
place of the public hearing on the project to be given in the following manner:
1. By publication once in The Daily ReDort, a newspaper of general circulation
within the City of Rancho Cucamonga.
2. By mail or delivery to all persons, including businesses, corporations or other
public or private entities, shown on the last equalized assessment roll as
owning real property within 300 feet of the property which is the subject of
the project.
3. By posting notices conspicuously on the project site not more than 300 feet
apart along project perimeter fronting on improved public streets. Each
posted notice shall contain a general description of the project and a copy of
any proposed subdivision map or site plan. Said posted notices shall have the
following title and lettering not less than one (1) inch in height: "PLANNING
COMMISSION HEARING".
E. Other Notice Requirements. Notices required by this section shall be in addition
to any other or different notice required by other provisions of this code or by
state law, provided, however, that nothing therein shall require separate notices
to be given if the same notice will satisfy the requirements of this section and any
other applicable section of this code or state law.
F. Effect of Failure to Give Notice. No action, inaction or recommendation
regarding any project by the Planning Commission shall be held void or invalid or
be set aside by any Court by reason of any error or omission pertaining to the
notices, including the failure to give any notice required by this section, unless the
Court after an examination of the entire case shall be of the opinion that the
error or omission complained of was prejudicial, and that by reason of such error
or omission the party complaining or appealing sustained and suffered substantial
injury, and that a different result would have been probable if such error or
omission had not occurred or existed. There shall be no presumption that error or
om/ss/on is prejudicial or that injury was done if error or omission is shown.
-10-
Section 17.02.120
G. Contents of Notiees. Any such notice, whether published, mailed, or posted, shail
contain the following information:
1. Date and time of heating;
2. Address and place of the heating;
3. A general explanation of the matter to be considered;
4. A general deseription of the property involved;
5. A statement that any interested person is encouraged to appear and either
endome or object to the application in question;
6. A statement as to whom an appeal may be taken and the time Limit
established for such appeal, if any;
?. A statement that anyone so requesting shall be notified of the action on the
application in question; and
8. A statement as to where an individual may review proposed plans and related
filed.
H. Continuance of Hearings. Any public hearing may be continued from time to time
by the body or official conducting the heating, subject to limitations provided by
taw, and in sueh case no further notice need be given.
Section 17.02.1~0 Noise Abatement
A. Purpose. In order to control unnecessary, excessive and annoying noise and
vibration in the City, it is hereby declared to be the policy of the City to prohibit
such noise generated from or by all sources as specified in this Section.
B. Decibel Measurement Criteria. Any decibel measurement made pursuant to the
provisions of this Section shall be based on a reference sound pressure of 20
micro-pascals as measured with a sound level meter using the "A" weighted
network (scale) at slow response.
C. Designated Noise Zones. The properties hereafter described are hereby assigned
the following noise zones:
NOISE ZONE [: Ail single and multiple family residential properties.
NOISE ZONE II: All commercial properties.
D. Exterior Noise Standards
1. It shall be unlawful for any person at any location within the city to create
any noise or allow the creation of any noise on the property owned, leased,
occupied, or otherwise controlled by such person, which causes the noise
level when measured on the property line of any other property to exceed
the basic noise level as adjusted below:
(a) Basic Noise Level for a cumulative period of not more than 15
minutes in any one hour; or
(b) Basic Noise Level plus 5 dBA for a cumulative period of not more
than 10 minutes in any one hour; or
(e) Basic Noise Level plus 14 dBA for a cumulative period of not more
than 5 minutes in any one hour; or
(d) Basic Noise level plus 15 dBA at any time.
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Section 17.02.120
2. If the measurement location is a boundary between two different no,se
zones, the lower noise level standard shall apply.
3. If the intruding noise source is continuous and cannot reasonably be
discontinued or stopped for a time period whereby the ambient noise level
can be determined, the measured noise level obtained while the noise is in
operation shall be compared directly to the allowable noise level standards
as specified resp~.~tive to the measurement's location designated land use
and for the time of day the noise level is measured. The reasonableness of
temporarily discontinuing the noise generation by an intruding noise source
shall be determined by the City Planner for the purpose of establishing the
existing ambient noise level at the measurement location.
E. Special Provisions. The following activities shall be exempted from the provisions
of this Part:
1. City or school approved activities conducted on public parks, public
playgrounds and public or private school grounds including but not limited to
athletic and school entertainment events between the hours of 7AM and
10PM.
2. Occasiona, outdoor gatherings, dances, shows, and sporting and
entertainment events provided said events are conducted pursuant to the
approval of a Temporary Use Permit issued by the City.
3. Any mechanical device, apparatus or equipment used, related to or
connected with emergency machinery, vehicle, work or warning alarm or bell
provided the sounding of any bell or alarm on any building or motor vehicle
shall terminate its operation within 30 minutes in any hour of its being
activated.
4. Noise sources associated with or vibration created by construction, repair,
remodeling or grading of any real property or during authorized seismic
surveys, provided said activities do not take place between the hours of
8 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on
Sunday or a national holiday, and provided noise levels created do not exceed
the noise standard of 65 dBA plus the limits specified in Section
17.02.120-D.1.
5. All devices, apparatus or equipment associated with agricultural operations
provided:
(a) Operations do not take place between 8 p.m. and 7 a.m. on weekdays,
including Saturday or at any time on Sunday or a national holiday, or
(b) Such operations and equipment are utilized for protection or salvage
of agricultural crop~ during periods of potential or actual frost
damage or other adverse weather conditions, or
(c) Such operations and equipment are associated with agricultural pest
control through pesticide ap[~lication provided the application is made
in accordance with permits issued by or regulations enforced by the
California Department of Agriculture.
-12-
Section 17.02.[30
6. Noise sources associated with the maintenance of real property provided said
activities take place between the hours of 8 a.m. and 8 p.m. on any day
except Sunday, or between the hours of 9 a.m. and 8 p.m. on Sunday.
7. Any activity to the extent regulation thereof has been preempted by State or
Federal law.
F. Sehools~ Churehes~ Libraries~ Health Care Institutions--Special Provisions. It shall
be unlawful for any person to create any noise which causes the noise level at any
school, hospital or similar health care institution, church, or library while the
same is in use, to exceed the noise standards specified in this Section and
prescribed for the assigned noise zone in which the school, hospital, church or
library is located.
G. Administration. Any ant creating or permitting the creation of a noise
disturbance as defined by this Code, not otherwise excluded by the preceding
section of this Code, shall constitute a violation of this Code and shall be abated
as such.
H. Prima Yaeie Violation. Any noise exceeding the noise level standards for a
designated noise zone as specified in this Section shall be deemed to be prima
faeie evidence of a violation of the provisions of this Seetion.
S~eUo~ 17.02.130 Non-Conf~eming Uses & Structures
A. Pur_.~9.~.' This section is intended to limit the number and extent of non-
con[ormmg 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 number and extent
of non-conforming structures by prohibiting their being moved, altered, or
enlarged in a manner that would 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 use regulations or the site area regulations for the district in which the
use is located shall be deemed to be a non-conforming use and may be
continued, except as otherwise limited in this Section.
2. A structure, lawfully occupying a site, that does not conform with the
standards for front yard, side yards, rear yard, height, coverage, distances
between structures, and parking facilities for the district in which the
structure is located, shall be deemed to be a non-conforming structure and
may be used and maintained, except as limited provided in this Section.
3. Routine maintenance and repairs may be performed on a non-conforming use
or structure.
-13-
Section 17.02.130
C. Alterations and additions to Non-Conforming Uses and Structures
1. No non-conforming use shall be enlarged or extended in such a way as to
occupy any part of the structure or site or any other structure or site which
it did not occupy at the time it became a non-conforming use, or in such a
way as to displace any conforming use occupying a structure or site, except
as permitted in this Section.
2. No non-conforming structure shall be altered or reconstructed so as to
increase the discrepancy between existing conditions and 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.
D. Discontinuation of Non-Conforming Use. Whenever a non-conforming use has
been changed to a conforming use or has been discontinued for a continuous period
of 180 days or more, the non-conforming use shall not be reestablished, and the
use of the structure or site thereafter shall be in conformity with the regulations
for the district in which it is located, provided that this section shall not apply to
non-conforming dwelling units. Discontinuation shall include termination of a use
regardless of intent to resume the use.
E. 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 ia 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 or 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 sha~ ~e 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.
F. 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.
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Section 17.02.140
G. Planning Commission Review. The Planning Commission shall conduct a public
heating pursuant to Section 17.02.110. The Planning Commission shall review
each ease 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 ~_ .riment~ to the public
health, safety, or welfare, or materially injurious to properties or improvements in
the vicinity.
Seetimt 17.0~.140 De fruitions
A. Purposes
1. The purpose of this chapter is to p~omote consistency and precision in the
application and interpretation of these Development Regulations. The
meaning and construction of words and phrases defined in this chapter shaL~
apply throughout this Code, except where the context and usage of such
words or phrases clearly indicates a different meaning or construction
intended in that particular case.
B. General Interpretation
1. The word "shall" is mandatory and not discretionary. The word "may" is
permissive and discretionary.
2. In case of any difference of meaning or implication between the text of any
provision and any caption or illustration, the text shall control.
3. References in the masculine and feminine genders ate interchangeable.
4. Unless the context clearly indicates to the contrary, words in the present
and the future tense ate interchangeable, and words in the singular and
plural or interchangeable.
5. Unless the context clearly indicates to the contrary, the following
conjunctions shall be interpreted as follows:
(a) "And" indicates that all connected items or provisions shall apply.
(b) "Or" indicates that the connected items or provisions may apply singly
or in any combination.
(e) "Either...or" indicates that the connected items or provisions shall
apply singly but not in combination.
6. The word "used" shall include arranged, designed, constructed, altered,
converted, rented, leased, occupied, or intended to be utiUzed.
& ABUTTING: Having lot lines or zone boundaries in common.
ADDITION: Any construction which increases the size of a building or facility in
terms of site coverage, height, length, width, or gross floor area.
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Section 17.02.140
ADULT BUSINESS: Any adult bookstore, adult mini-motion picture theater, adult
motion picture theater, adult cabaret, massage establishment, or sexual novelty
store as defined below:
1. ADULT BOOKSTORE: An establishment having as a substantial or
significant portion of its stock in trade, books, magazines, and other
periodicals, which are distinguished or characterized by their emphasis on
matter depicting, describing, or related to "specific sexual activities" or
"specified anatomical areas" or an establishment with a segment or section
devoted to the sale or display of such material.
2. ADULT MINI-MOTION PICTURE THEATER: An enclosed building '~ith a
capacity for less than fifty (50) persons used for presenting ~.~[erial
distinguished or characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities" or "specified
anatomical areas" for observation by patrons therein.
3. ADULT MOTION PICTURE THEATER: An enclosed building with a capacity
of fifty (50) or more persons used for presenting material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas" for observation
of patrons therein.
4. ADULT CABARETS: A cabaret or similar eating and drinking service or
other establishment which features topless dancers, bottomless dancers,
go-go dancers, erotic dancers, strippers, male or female impersonators, or
similar entertainers.
5. MASSAGE ESTABLISHMENT: An estabLishment where any person is engaged
in the business of massaging, rubbing, shaking, kneading or tapping the
human body, or giving turkish, russian, swedish, or other baths, or si[nilar
procedures. Massage establishments shall not include licensed chiropractors
or other licensed medical practitioners.
$. SEXUAL NOVELTY STORE: An establishment having as a portion of its
stock in trade in goods which are repLicas of or which simulate "specified
anatomical areas" or goods which are designed to be placed on "specific
anatomical areas" to cause sexual excitement thereof.
AGENT: Any person showing written verification that he or she is acting for, and
with the knowledge and consent of, a property owner.
AGRICULTURE: The use of land for farming, dairying, pasteurizing and grazing,
horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and
including accessory activities but not limited to storage, harvesting, feeding, or
maintenance of equipment, excluding stockyards, slaughtering or commercial food
processing.
ALLEY: A public thoroughfare, not exceeding thirty (30) feet in width for the use
of pedestrians and/or vehicles, producing only a secondary means of access to the
abutting property.
ALTERATION: Any construction or physical change in the internal arrangement
of rooms or the supporting members of a building or structure, or change in the
appearance of any building or structure.
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Section 17.02.140
AMUSEMENT DEVISE: Any electronic or mechanical machine which provides
amusement, or entertainment, which may be operated or played upon the placing
or depositing therein of any coin, cheek, slug, ball, or any other article or device,
or by paying therefor either in advance of or after use. This definition shall not
include juke boxes, telephone devices, or machines that sell merchandise.
ANIMAL:
(a) EXOTIC OR WILD ANIMAL: An animal such as, but not Limited to a
monkey, fox, non-poisonous snake, raccoon or other similar animal, excluding
predatory or poisonous animals.
(b) FOWL OR RODENT: Any chicken, hen, turkey, duck, goose, game bird,
rabbit, chinchilla, or other animal similar in size, weight, or appearance.
(c) HOUSEHOLD PET: Any animal customarily permitted and kept in a dwelling
and kept only for the company or pleasure provided to the occupants of the
dwelling, such as a dog, cat, parakeet, tropical fish, hampster, or similar
domestic.
(d) LARGE ANIMAL: Any equine or bovine animal, or other animal similar in
size, weight, or appearance, including but not limited to a horse, pony, mule,
donkey, cow, or ox.
(e) SMALL ANIMAL: Any animal other than a large animal, specialty animal, or
fowl or rodent, including but not limited to a goat or lamb.
(f) SPECIALTY ANIMAL: Any bee, worm, fish, or other animal similar in size,
weight, or appearance.
ANIMAL CARE FACILITY: A use providing grooming, housing, medical care, or
other services to animals, including veterinary services, animal hospitals,
overnight or short-term boarding ancillary to veterinary care, indoor or outdoor
kenneLs, grooming and similar services.
ANTENNA: Any system of wires, poles, rods, towers, whips, reflecting discs, or
similar devices used for transmission or reception of signals.
APPROVAL: "Approval" means the issuance or commitment of issuance by a
public agency of each lease, permit, license, certificate, or other entitlement for
for which an application was accepted as complete. The exact date of approval of
any development project is determined by each public agency according to its
rules, regulations, and ordinances, consistent with this Code.
APARTMENT~ COMMUNITY: Means community apartment as defined in Section
11004 of the Business .and Professions Code, containing two or more rights of
exclusive occupancy.
APPLICANT: "Applicantn means a person who requests in writing the approval of
a lease, permit, license, certificate, or other entitlement for use from one or
more public agencies.
APPLICATION: 'ADplieation' means the form and information submitted by an
applicant. The form and information is to be used to determine whether to
approve or deny permits or other entitlement for use.
-17-
Section 17.02.1413
ARCADE: Any establishment containing four (4) or more amusement devices.
This definition shall not apply to recreational premises such as bowling alleys or
skating rinks, where an arcade is part of the primary use.
AREAt GROSS: The entire area within the boundaries of a project site, building
or lot, measured to the centerline of adjoining street rights of way.
B BASEMENT: A portion of building partly or wholly underground and having more
than one-half of its height below the average level of the adjoining ground.
BLOCK: The area of land bounded by streets, highways or railroad right-of-ways,
except alleys.
BUILDING: Any structure built for the support, shelter or enclosure of persons,
animals, fowls, chattels or personal property of any kind.
BUILDING HEIGHT: The vertical distance, excluding foundations or
understruetures, between the average finished ground surface adjacent to the
structure and to the highest point of the structure, excluding architectural
features and appurtenances such as, but not limited to, chimneys, antennas,
elevator and similar mechanical equipment.
BUILDING~ HISTORIC: A building listed individually on the National Register of
Historic Places, or by a state or county agency charged with recognition or
preservation of historic structures, or by resolution of the City Council as having
significant local or regional historical importance and value to the community.
BUILDING OFFICIAL: The head of the Building and Safety Division of the City of
Rancho Cueamonga and shall include his deputies.
BUILDING (PUBLIC): A non-profit or quasi-public use or institution such as a
church, library, public, or private school, hospital, or municipally owned or
operated building, structure or land used for pu~)Lie purpose.
BUILDING SITE: A lot, or contiguous lots of land in single, multiple, or joint
ownership (exclusive of all rights-of-way and all easements, except open space
easements, that prohibit the surface use of the property by its owner), which
provides the area and open spaces required by this ordinance for construction of a
building or buildings, and which abuts a public or private street or alley, or
easement determined by the City Planner to be adequate for the purpose of
C CARETAKER'S RESIDENCE: A dwelling unit accessory to a principal use on a
site and intended for occupancy on the same site, as a caretaker, security guard,
servant, or similar position generally requiring residence on the site.
CARPORT: A permanent roofed structure with no more than three (3) enclosed
sides used or intended to be used for automobile shelter and storage.
CEMETERY: Land used or intended to be used for the burial of the dead and
dedicated for cemetery purposes, including columbariums, crematoriums,
mausoleums and mortuaries when operated in conjunction with and within the
boundary of such cemetery.
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Section 17.02.140
CENTERLINE: The centerllne of a street as referred to in this Code shall mean
the right-of-way centerline as established by the County Engineer of the County,
by the City Engineer of any city within the county, by the State Division of
Highways of the State of California, or if no such eenterline has been established
and in any case in which foregoing definition is not applicable, the Planning
Commission shall designate the centerline.
CHURCH: A use located in a permanent building and providing regular or
organized religious worship and religious education incidental thereto, but
excluding a private educational facility. A property tax exemption obtained
pursuant to the Constitution of the State of California and of the Revenue of
Taxation Code of the State of California, shall constitute prima facie evidence
that such use is a church as defined herein.
CITY: The City of Rancho Cucamonga.
CLUB: A non-profit association of persons, whether incorporated or
unincorporated, organized to pursue common goals, interest or activities, but not
including a group organized solely or primarily to render a service customarily
carried on as as business.
CLUSTER DEVELOPMENT: A form of development for single-family and
multiple family residential subdivisions that permits a reduction in lot area,
provided there is no increase in the number of lots permitted under a conventional
subdivision and the resultant land area is devoted to open space.
COMMISSION: The Planning Commission of the City of Rancho Cucamonga.
CONCEPTUAL DEVELOPMENT PLAN: This is a site plan which indicates
conceptual ideas for such things as, but not limited to, building placement,
circulation/access, drainage/grading, buffers, phased improvements, and
landscaping.
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Section 17.02.140
CONDOMINIUMS: Means condominiums as defined in Section 1350 of the Civil
Code: An estate of real property consisting of an undivided interest in common
areas, together with a separate right of ownership in space.
CONVALESCENT FACILITY: A use providing bed care and in-patient services for
persons requiring regular medical attention, and persons aged or infirm unable to
care for themselves, excluding surgical or emergency medical services.
CONVENIENCE COMMERCIAL CENTER: A retail/service commercial center to
provide goods and merchandise to the immediate surrounding land uses. These
centers are approximately 2-3 acres in size with the intention of serving a specific
local need.
CONVERSION: The creation of separate ownership of existing real property
together with a separate interest in space of residential, industrial or commercial
buildings thereon.
CORPORATION YARD: See '"Equipment Yard".
COTTAGE~ ELDER: A second dwelling unit constructed separate, or attached to,
a primary residence, if the dwelling unit is intended for the sole occupancy of one
adult or two adult persons who are 60 years of age or over, and a maximum floor
area of 640 square feet.
COUNCIL: The City Council of Rancho Cueamonga.
COUNTY: The County of San Bernardino.
COURT: An open, unoccupied space, other than a yard, unobstructed from ground
to sky on the same lot with a building or buildings and which is bounded on two or
more sides by the walls of a building.
D DAIRY: Any premises where milk is produced for sale or distribution and where
three or mo~e cows or goats are in lactation.
DAY CARE FACILITY: A private establishment for day time care of children
between 2 and 5 years of age and where tuition, fees, or other forms of
compensation for the care of the children is charged, including nursery schools,
pre-schools and similar facilities.
DECIBEL: Or "db" means a unit of sound pressure level.
DEDICATIONt OFFERED: "Offered dedication" shall mean that portion of land
which is irrevocably offered to the City for future Public rights-of-way which has
no prospective future date for; construction to City standards; and/or notice of
completion.
DESIGN: "Design" means: (1) street alignments, grades and widths; (2) drainage
and sanitary facilities and utilities, including alignments and grades thereof; (3)
location and size of all required easements and rights-of-way; (4) fire roads and
fire breaks; (5) lot size and configuration; (6) traffic access; (7)grading; (8) land to
be dedicated for park ce recreational purposes; and (9) such other specific
requirements in the plan and configuration of the entire project es may be
necessary or convenient to insure conformity to or implementation of the General
Plan or any adopted specific plan.
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Section 17.02.140
DENSITY: The total number of dwellin~ units in a project site, divided by the
gross area of the project site. The dwelling unit density ranl~e permitted under
the applleable land use classification shall apply to the overall project site and
shall not be literal to any division thereof.
DEVELOPMENT: The division of a parcel of land into two or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation or
enlargement of any structure; any mining, excavation, landfill or land disturbance,
and any use or extension of the use of land.
DEVELOPMENT~ CONVENTIONAL: A single family or multiple family residential
development other than a planned/cluster developmant.
DEVELOPMENT~ MULTI-FAMILY RESIDENTIAL: A development where the
number of dwelling units on one residential lot of record is three or more.
Multi-family dwellings, such as condominiums, rental apartments, and community
or cooperative ownership apartments.
DEVELOPMENT~ SINGLE FAMILY RESIDENTIAL: A development where each
dwelling unit is situated on a lot contalng no more than one or two dwelling
units. Single family development is deemed to include duplexes (two dwelling
units on one residential lot). Single family development may be attached (as in a
traditional subdivision or zero lot line development) or attached (as in a duplex
divided into two different lots, or a townhome). Single family homes may be
arranged as either conventional developments or cluster developments; in either
case, there may be some areas of the subdivision held in common by all residents.
DIRECTOR: The Director of Community Development of the City of Rancho
Cueamonga.
DISTRIBUTION: A use engaged primarily in distribution of manufactured
products, supplies, and equipment, including incidential storage and sales
activities, but excluding bulk storage of materials which are flammable or
explosive.
DISTRICT~ BASE: A specifically delineated district in the City within which
regulations and requirements uniformly govern the use, placement, spacing and
size of land and buildings. Not more than one base district designation shall a@ply
to the same portion of a lot.
DRIVEWAY: A permanently surfaced area providing direct access for vehicles
between a street and a permitted off-street parking or loading area.
DWELLING: A structure or portion there of which is used for human habitation.
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Section 17.02.140
DWELLING~ ATTACHED: A one-family dwelling attached to two or more single
family dwellings by common vertical walls.
DWELLING~ DETACHED: A dwelling which is aot attached to any other dwellings
by any means.
DWELLING~ MULTIPLE FAMILY: A building designed and used as a residence for
three (3) or more families living independently of each other.
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Section 17.02.140
DWELLING~ SEMI-DETACHED: A dwelling which is only partially attached to one
or more single family dwellings.
DWELLING~ SINGLE FAMILY: A building designed and used to house not more
than one family including all domestic employees of such family.
DWELLING UNIT: One or more rooms and a single kitchen, designed for
occupancy by one family or household for living, sleeping, and eating purposes.
EASEMENT: A grant of one or more of the property rights by the property owner
for the use by the public, a corporation or another person or entity.
EAVE: The projecting lower edges of a roof overhanging the wall of a building.
ENCLOSED: A covered space fully surrounded by walls, including windows, doors,
and similar openings or architectural features, for a space of not less than 100
square feet fully surrounded by a building or walls exceeding 8 feet in height.
EDUCATION FACILITY~ PRIVATE: A privately owned school, including schools
owned and operated by religious organizations, offering instruction in the serveral
branches of learning and study required to be taught in the public schools by the
Education Code of the State of California.
EDUCATION FACILITY~ PUBLIC: A public school, operated by a public school
district and offering instruction in the several branches of learning and study
required to be taught in the public schools by the Education Code of the State of
California.
ELEVATION:
(a) A vertical distance above or below a fixed reference level.
(b) A fiat scale drawing of the front, rear, or side of a building or structure.
ENERGY SYSTEM~ ALTERNATIVE: Application of any technology, the
conservation of energy, o~' the use of solar, biomass, wind, geothermal,
hydroelectricity under 25 megawatts, or any other source of energy, the efficient
use of which will reduce the use of fossil and nuclear fuels.
ENGINEER~ CITY: The City Engineer of the City of Rancho Cucamonga and shall
include his deputies.
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Section 17.02.140
ENVIRONMENTAL IMPACT REPORT (EIR).' A detailed statement setting forth
the environmental effects and considerations pertaining to a project as specified
in Section 21100 of the California Environmental Quality Act, and may mean
either a draft or a final EIR.
EQUIPMENT RENTAL YARD OR CONTRACTOR YARD: A use providing for
maintenance, servicing, or storage of motor vehicles, equipment, or supplies; or
for the dispatching of service vehicles; or distribution of supplies or construction
materials required in connection with a business activity, public utility service,
transporation service, or similar activity. The term "contractor yard" shall
include a construction materials yard, vehicular service center, or similar use.
F FACADE: The exterior wall of a building exposed to public view or that wall
viewed by persons not within the building.
FAMILY: One or more individuals occupying a dwelling unit and living as a single
threshold unit.
FENCE: An artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas of land.
FINANCIAL SERVICE: A use providing financial services to individuals, firms, or
other entities. The term "financial service" includes banks, savings and loan
institutions, loan and lending activities and similar services.
FLOOR AREA~ GROSS.' The sum of the gross horizontal areas of Average floors
of a building measured from the exterior face of exterior walls, or from the
eenterline of a wall separating two buildings, but not including interior parking
space loading space for motor vehicles, or any space where the floor-to-ceiling
height is less than six feet.
FLOOR AREA~ NET: The total of all floor areas of a building, excluding stair
wells and elevator shafts, equipment rooms, interior vehicular parking or loading;
and all floors below the first or ground floor, except when used or intended to be
used for human habitation or service to the public.
FRONTAGE: The side of a lot abutting a street, the front lot line, except the side
of a corner lot.
O GARAGE~ PRIVATE: An accessory building or an accessory portion of the main
building designed and/or used for the shelter or storage of vehicles of the
occupants of the main building.
GARAGE~ PUBLIC: A building, or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily for the parking
and storage of vehicles and available to the general public.
GARBAGE: Animal and vegetable waste resulting from the handling, storage,
sale, preparation, cooking and serving of foods.
GLARE: The effect produced by brightness sufficient to cause annoyance,
dls~ort, or loss in visual performance and visibility.
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Section 17.02.140
GRADE:
(a) The lowest horizontal elevation of the finished surfaee of the ground, paving,
or sidewalk at a point where height is to be measured.
(b) The degree of rise or descent of a sloping surface.
GRADE~ FINISHED: The final elevation of the ground surface after development.
GRADEr NATURAL: The elevation of the ground surface in its natural state,
before man-made alterations.
GRADING: Any stripping, cutting, filling, stockpiling of earth or land, including
the land in its cut or filled condition.
GRADING~ CONTOUR: A grading cencept designed to result in earthforms and
contours which resemble natural terrain characteristics, with generally curving,
non-linear slope blanks having variations in the slope ratios of the horizontal and
vertical curves.
GREENBELT: An open area which may be cultivated or maintained in a natural
state surrounding development or used as a buffer between land uses or to mark
the edge of an urban or developed area.
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GROUP CARE FACILITY: A facility which provides resident services for persons
handicapped or disabled, undergoing rehabilitation, or otherwise in need of care
and supervision, subject to licensing by the appropriate governmental agency. The
term includes group homes, halfway houses, and foster homes.
GUEST HOUSE: An accessory building not exceeding $40 square feet centaining a
lodging unit without I(itehen faeillties, and used to house occasional visitors or
non-paying guests of the occupants of a dwelling unit on the same site.
GUEST ROOM: A room which is designed and/or used by one or more guests for
slceping purposes, but in which no provisions are made for eooking.
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Section 17.02.140
H HEIGHT: The vertical distance of a structure measured from the average
elevation of the finished grade within 20 feet of the structure to the highest point
of the structure (See Building Height).
HERTZ: A unit of measurement of frequency, numerically equal to cycles per
second.
HOME IMPROVEMENT CENTER: A retail service engaged in providing retail
sale, rental, service, or related repair and installation of home improvement
products, including building materials, paint and wallpaper, carpeting and floor
covering, decorating, heating, air conditioning, electrical, plumbing, and
mechanical equipment, roofing supplies, yard and garden supplies, home appliances
and similar home improvement products.
HOME OCCUPATION: An accessory occupational use conducted by a resident of
a dwelling as a sedondary use thereof, which is conducted entirely within a
dwelling by the inhabitants thereof, which use is clearly incidental to the use of
the structure for dwelling purposes and which does not change the character
thereof, and for which there is no display, no stock-in-trade, no commodity sold on
the premises and no mechanical equipment used except that necessary for
housekeeping purposes.
HOMEOWNERS ASSOCIATION: A private organization composed o~ residents
within a project who own in common certain property and shall be responsible for
the maintenance and management of certain commonly owned property.
HOSPITA': A faciLity providing medical, psychiatric, or surgical services for sick
or injur~, persons primarily on an in-patient basis, and including ancillary
facilities for out-patient and emergency treatment, diagnostic services, training,
research, administration, and services to patients, employees or visitors.
HOTEL: Any building or portion thereof containing six (6) or more guest rooms
~d for and/or used by six (6) or more guests for compensation and with no
provision for cooking in any individual room or suite, but not including those
facilities defined as social care facilities.
HOUSEHOLD PET: See Animal.
I IMPROVEMENT: Any item which becomes part of, placed upon or is affixed to
real estate.
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Section 17.02.140
J JUNKYARD.' Any area, lot, land, parcel, building or structure or part thereof
used for the storage, collection, processing, purchase, sale or abandonment of
wastepaper, rags, scrap metal or other scrap or discarded goods, materials,
machinery or two or more unregistered, inoperable motor vehicles or other type of
junk.
K KENNEL: Any lot or premises on which five (5) or more dogs over four months old
are kept for commercial boarding, breeding, and training.
KITCHEN: Any room, all or any part of which is designed and/or used for cooking
and the preparation of food.
L LANDSCAPING: An area devoted to or developed and maintained predomiriately
with native or exotic plant materials including lawn, ground cover, trees, shrubs,
and other plant materials; and also including accessory decorative outdoor
landscape elements such as pools, fountains, paved or decorated surfaces
(excluding driveways, parking, loading, or storage areas), and sculptural elements.
LAND USE: A description of how land (real esta+ ?) is occupied or utilized.
LOADING SPACE: An off-street space or berth on the same lot with a building or
contiguous to a group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials.
LODGING UNIT: A room or group of rooms used or intended for use by overnight
occupants as a single unit, whether on a transient or residential occupancy basis,
located in a motel or dwelling unit providing lodging whether or not meals are
provided to such persons. Where designed or used for occupancy by more than two
persons, each two persons capacity shall be deemed a separate lodging unit. For
the purpose of determining residential density, each two lodging units shall be
considered the equivalent of one dwelling unit.
LOUNGE~ COCKTAIL: A use providing preparation and retail sale of alcoholic
beverages, on a licensed "on sale" basis, for consumption on the premises,
including taverns, bars, and similar uses.
LOT: Any parcel of real property approved by a record of survey, plat, parcel
map, subdivision map, or certificate of compliance, or any parcel legally created
or established pursuant to the applicable zoning or subdivision regulations in
effect prior to the effective date of application of this Code to such parcel.
Section 17.02.140
LOT AREA: The net horizontal area within bounding lot lines after dedication.
LOTt CORNER: A lot or parcel of land abutting upon two or more streets at their
intersection, or upon two parts of the same street forming an interior angle of less
than 135 degress.
LOTt COVERAGE: The area of a lot covered by buildings, including eaves,
projecting balconies, and similar features but excluding ground level paving,
landscaping, and open recreational facilities.
LOT~ CUL-DE-SAC: A lot located on the turning end of a dead-end street.
LOT~ DEPTH: The horizontal distance between the midpoint of the front lot line
and the midpoint of the rear lot line.
LOT~ FLAG: A lot having access to a street by means of a private driveway,
access easement, or parcel of land not meeting the requirements of this Code for
lot width, but having a dimension of at least 20 feet at its narrowest point.
LOT~ INTERIOR: A lot other than a corner lot.
LOTt KEY: The first interior lot to the rear of a reversed corner lot, the front
Line of which is a continuation of the side line of the reversed corner lot, exclusive
of the width of an alley, and fronting on the street within intersects or intercepts
the street upon which the corner lot fronts.
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Section 17.02.140
LOT: REVERSED CORNER: A corner lot having a side lot line which is
substantially a continuation of the front lot line of a lot to its rear.
LOT, SUBSTANDARD: Any lot which does not meet the minimum dimensions, the
area of any easement which restricts the normal usage of the lot may be excluded.
LOT, THROUGH: A lot other than a corner lot abutting more than one street.
LOT LINE: A line bounding a lot.
LOT LINE ADJUSTMENT: A minor shift or rotation of an existing lot line or
other adjustments.
LOT LINE, FRONT: A lot line paralleling the street. On a corner lot, the shorter
lot line abutting a street or the line designated as the front lot line by a
subdivision or parcel map.
LOT LINE, REAR: A lot line, not intersecting a front lot line, which is most
distant from and most closely parallel to the front lot line. In the case of an
irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot
having a length of 10 feet, parallel to and most distant from the front lot line
shall be interpreted as the rear lot line for the purpose of determining required
yards, setbacks, and other provisions of this ordinance.
LOT LINEr SIDE: A lot line not a front or rear lot line.
LOT LINE, STREET: A lot line abutting a street.
LOT WIDTH: The horizontal distance between side lot lines, measured at the
front setback line.
M MANUFACTURING: A use engaged in the manufacture, predominantly from
previously prepared materials, of finished produets or parts, including processing,
fabrication, assembly, treatment, and packaging of such products, and incidental
processing of extracted or raw materials, processes utilizing flammable or
explosive materials (i.e., materials which ignite easily under normal
manufacturing conditions), and processes which create hazardous or commonly
recognized offensive eonditions.
MAP ACT: The Subdivision Map Act of the State of California.
MAP, CONTOUR: A map that displays land elevations in graphic form.
MEDICAL OFFICE: A use providing consultation, diagnosis, therapeutic,
preventative, or corrective personal treatment services by doctors, dentists,
medical and dental laboratories, and similar practitioners of medical and healing
arts for humans lieensed for such practice by the State of California.
MERGER: The joining of two or more contiguous pm'eels of land under one
ownership into one parcel.
MOBILE HOME: A movable or transportable vehicle, other than a motor vehicle,
having no foundation other than jacks, piers, wheels, or skirtings, designed as a
permanent structure intended for occupancy and designed for subsequent or
repeated relocation.
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Section 17.02.140
MOBILE HOME PARK: A residential facility arranged or equipped for the
accommodation of two or more mobile homes, with spaces for such mobile homes
available for rent, lease, or purchase, and providing utility services and other
facilities either separately or in common to mobile home space therein.
MOBILE HOME SPACE: A plot of ground within a mobile home park designed for
the accommodation of one mobile home.
MOTEL: A commercial facility containing lodging units and dwelling units
intended primarily for temporary occupancy, with not more than ten percent of
the units having kitchen facilities and meeting the definition of a dwelling unit.
The term "motel" shall include a hotel, motor hotel, tourist court, or similar use,
but shall not include a mobile home park.
N NEIGHBORHOOD CENTER: Means a shopping center which clusters essential
retail goods and services to residents in the immediate vicinity of the center.
Such centers range in size from 5-15 acres and normally contain a major
super market.
NOISE: Any undesirable audible sound.
NOISE~ AMBIENT: Means the all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources, excluding the alleged
offensive noise, at the location and approximate time at which a comparison with
the alleged offensive noise is to be made.
NOISE~ B.&SIC LEVEL: The acceptable noise level within a given district.
NOISEt IMPULSIVE: Means a noise characterized by brief excursions of sound
pressures whose peak levels are very much greater than the ambient no[se level,
such as might be produced by the impact of a pile driver, punch press or a drop
hammer, typically with one second or less duration.
NOISE~ INTRUSIVE: Shall mean that alleged offensive noise which intrudes over
and above the existing ambient noise at the receptor property.
NOISE~ LEVEL: Means the "A" weighted sound pressure level in decibels obtained
by using a sound level meter at slow response with a reference pressure of twenty
micropascals. The unit of measurement shall be designated as dBA.
NOISE~ MOBILE SOURCE: Shall mean any noise source other than a fixed noise
source.
NOISE~ SIMPLE TONE: or "pure tone noise" means a noise character[zed by the
presence of a predominant frequency or frequencies such as might be produced by
whistle or hum.
NOISE~ ZONE: Shall mean any defined area or region of a generally consistent
land-use.
NONCONFORMING: A building, structure or portion thereof, or use of building or
land which does not conform to the regulations of this Code and which lawfully
existed at the time the regulations became effective through adoption, revision or
amendment.
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Section 17.02.140
NONCONFORMING LOT: A lot, the area, dimensions or location of whiah was
lawful prior to the adoption, revision or amendment of this Code, but which fails
by reason of such adoption, revision or amendment to conform to the present
requirements of the district.
NONCONFORMING STRUCTURE OR BUILDING: A structure or building the
size, dimensions or location of which was lawful prior to the adoption, revision or
amendment to this Code, but which fails by reason of such adoption, revision or
amendment, to conform to the present requirements of the district.
NONCONFORMING USE.' A use or activity which was lawful prior to the
adoption, revision or amendment of this Code, but which fails, by reason of such
adoption, revision or amendment, to conform to the present requirements of the
district.
NURSERY~ LANDSCAPE A retail service providing propagation and sale of
plants, shrubs, trees, and similar products, and related materials and services
associated with installation, maintenanee, and improvement of yards, gardens,
landscaped areas, outdoor living and recreation areas, and similar facilities.
O OFFICE PROFESSIONAL: A use providing professional or consulting services in
the fields of law, architecture, design, engineering, accounting, and similar
professions.
OPEN SPACE: Any parcel or area of land or water essentially unimproved and set
aside, dedicated, designated or reservod for public or private use or enjoyment, or
for the use and enjoyment of owners and occupants of land adjoining or
neighboring such open space. Open space does not include: area covered by
buildings or accessory structures (except recreational structures), paved areas
(except recreational facilities), proposed and existing public and private streets or
driveways, and school sites.
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Section 17.02.140
OPEN SPACE~ COMMON: Open space within a project owned, designed, and set
aside for use by all occupants of the project or by occupants of a designated
portion of the project. Common open space is not dedicated to the public and is
owned and maintained by a private organization made up of the open space users.
Common open space includes common recreation facilities, open landscaped areas,
greenbelts, but excluding pavement or driveway areas, or parkway landscaping
within public right-of-way.
OPEN SPACE~ PRIVATE: That open space directly adjoining the units or building,
which is intended for the private enjoyment of the occupants of the unit or
building. Private open space shall in some manner be defined such that its
boundaries are evident. Private open space includes private patios or balconies,
and front, rear, or side yards on a lot designed for single family detached or
attached housing.
OPEN SPACE~ USABLE: Outdoor or unenclosed area on the ground, or on a roof,
balcony, deck, porch, or terrace, designed and accessible for outdoor living,
recreation, pedestrian access, or landscaping, but excluding parking facilities,
driveways, utility or service areas.
OUTDOOR RECREATION FACILITY: A privately owned or operated use
providing facilities for non-commercial outdoor recreation activities, including
golf, tennis, swimming, riding, or other outdoor sport or recreation, operated
predominantely in the open, except for clubhouses, and incidental enclosed
services or facilities.
OVERHANG:
(a) The part of a roof or wall which extends beyond the facade of a lower wall.
(b) The portion of a vehicle extending beyond the wheel stops or curb.
OVERLAY DISTRICT: A district established by this ordinance, which may be
applied to a lot or portion thereof only in combination with a base district.
PADl BUILDING: That area of a lot graded relatively flat, or to a minimum slope,
for the purpose of accommodating a building and related outdoor space.
PARAPET: The extension of the main walls of a building above the roof level.
PARCEL: A lot or tract of land.
PARKING AREA: Any public or private land area designed and used for parking
motor vehicles including parking lots, garages, private driveways and legally
designated areas of public streets.
PARKING AREA~ PRIVATE: A parking area for the private use of the owners or
occupants of the lot on which the parking area is located.
PARKING AREA~ PUBLIC: A parking area available to the public, with or
without compensation, or used to accommodate clients, customers, or employees.
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Section 17.02.140
PARKING BAY: The parking module consisting of one or two rows of parking
spaces and the aisle from which motor vehicles enter and leave the spaces.
PARKING LOT: An off-street, ground level area, usually surfaced and improved,
for the temporary storage of motor vehicles.
PARKING SPACE: A space for the parking of a motor vehicle within a public or
private parking area.
PERFORMANCE STANDARDS: A set of criteria or limits relating to nuisance
elements which a particular use or process may not exceed.
PERIMETER: The boundaries or borders of a lot, tract, or parcel of land.
PERMIT: Written governmental permission issued by an authorized official,
empowering the holder thereof to do some act not forbidden by law, but not
allowed without such authorization.
PERMITTED USE: Any use allowed in a zoning district and subject to the
restrictions applicable to that zoning district.
PEST REPORT: Means an inspection and written report con£orming to the
requirements of Section 8516 of the Business and Professional Code of the state
including documentation of conditions ordinarily subject to attack by wood
destroying pests and organisms.
PHASE: Any contiguous part or portion of a project which is developed as a unit
in the same time period.
PLAN~ GENERAL: The General Plan of the City of Rancho Cueamonga, including
all maps, reports, and related plan elements adopted by the City Council.
PLANNER~ CITY: The head of the Planning Division of the City of Rancho
Cueamonga and shall include his deputies.
PONY: A horse measuring 14 hands 2 inches or less at the withers.
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Section 17.02.140
PRE DISTRICT: The act of designating, in advance of annexation, the district to
be applicable to a site upon subsequent annexation of that site to the City of
Rancho Cucamonga.
PROJECT: The total development within the boundaries as defined on the
development plan.
PUBLIC FACILITY: A non-commercial use established primarily for the benefit
and enjoyment of the community in which it is located, including a library, post
office, museum, neighborhood center, and similar facilities.
QUARRY: A place where rock, ore, stone and similar materials are excavated for
sale or for off-tract use.
QUEUE LINE: An area for temporary parking and lining of motor vehicles while
awaiting a service or other activity.
RECREATION~ COMMERCIAL: A use providing recreation, amusement, or
entertainment services, including indoor, such as theaters, bowling lanes, billiard
parlors, skating arenas, and similar services, and outdoor uses such as golf, tennis,
basketball, baseball, and similar services, operated on a private or for profit basis.
RELIGIOUS INSTITUTION: A seminary, retreat, monastery, conference center, or
similar use for the conduct of religious activities, inc[uding accessory housing
incidental thereto, but excluding a private educational facility.
REPAIR: The reconstruction or renewal of any part of an existing building for the
purpose of its maintenance.
RESEARCH AND DEVELOPMENT: A use engaged in study, testing, design,
analysis, and experimental development of products, processes, or services,
including incidental manufacturing of products or provision of services to others.
RESIDENTIAL CARE FACILITY: Any family home, group care facility, or similar
facility for 24-hour non-medical care of persons in need of personal services,
supervision, or assistance essential for sustaiaing the activities of daily living or
for the protection of the individual.
RESTAURANT: A use providing preparation and retail sale of food and beverages,
including cafes, coffee shops, sandwich shops, ice cream parlors, and similar uses,
and including licensed "on-sale" provision of wine and beer for consumption on the
premises when accessory to such food service.
RIGHT-OF-WAY: A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied or occupied
by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline,
water line, sanitary storm sewer and other similar uses.
ROOM~ RECREATION: A single room in a main building or in an accessory
building designed and/or used exclusively for recreational purposes by the
occupants or guests of the premises.
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Section 17.02.140
RUBBISH.' The word "rubbish" includes but is not restricted to all non-reusable
waste or debris sueh as paper, cardboard, grass, tree or shrub trimmings, rugs,
straw, elothing, wood, or wood products, crockery, glass, rubber, metal, plastic,
construction waste and debris and other similar materials.
RUN WITH THE LAND: A covenant restriction to the use of land contained in a
deed and binding on the present and all future owners of the property.
S SCHOOL~ BUSINESS OR TRADE: A use providing education or training in
business, commerce, language, or other similar activity or occupational pursuit,
and not otherwise defined as a home occupation, college or university, or public or
private educational facility.
SCHOOL~ ELEMENTARY AND HIGH: An institution of learning which offers
instruction in the several branches of learning and study required to be taught in
the public schools by the Education Code of the State of California. High schools
include Junior and Senior.
SCHOOL~ PAROCHIAL: A school supported and controlled by a church or
religious organization.
SCHOOL~ PRIVATE: Any building or group of buildings the use of which meets
state requirements of primary, secondary or higher education and which use does
not secure the major part of its funding from any governmental agency.
SCREENED: Shielded, eoneealed, and effectively hidden from view by a person
standing at ground level on an abutting site, or outside the area or subject to
screened, by a fence, wall, hedge, berm, or similar architectural or landscape
feature.
SECOND DWELLING UNIT: A detached or attached dwelling unit which provides
complete, independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel or parcels as the primary unit is situated.
SERVICE~ AUTOMOTIVE: A use engaged in sale, rental, service, or major repair
of new or used automobiles, trucks, trailers, boats, motorcycles, mopeds,
recreational vehicles, or other similar vehicles, ineluding tire recapping, painting,
body and fender repair, and engine, transmission, air conditioning, and glass repair
and replacement, and similar services.
SERVICE STATION: An establishment offering the sale of gasoline, oil, minor
automotive accessories, and minor repair services for the operation of motor
vehicles, but not including painting, body work, steam cleaning, or major repairs.
SERVICE~ TAKE-OUT.: A feature or characteristic of eating and drinking services
which encourage or allow, on a regular basis, consumption of food and beverages
outside of a building, such as in outdoor seating areas where regular table service
is not provided, in vehicles parked on the premises, of off the site.
-35-
Section 17.02.140
SETBACK: The area between the setback line and property line.
SETBACK LINE: A line within a lot parallel to and measured from a
corresponding lot line, forming the boundary of a required yard and governing the
placement of structures and uses on the lot.
SHOPPING CENTER: A group of commercal establishments, planned, developed,
owned, or managed as a unit, with off-street parking provided on the site.
SITE AREA: The net horizontal area included within the boundary lines of a site,
not including the area within the established right-of-way of a public street,
future public street, or railroad, or any other area dedicated or to be dedicated
for a public use.
SITE PLAN: A plan, prepared to scale, showing accurately and with complete
dimensioning, all of the buildings, structures and uses and the exact manner of
development proposed for a specific parcel of land.
SLOPE: The degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees.
SOLAR ACCESS: A property owners right to have sunlight shine on his property.
SOUND LEVEL METER: An instrument meeting American National Standard
Institute's Standard S1.4-1971 for Type 2 sound level meters or an instrument and
the associated recording and analyzing equipment which will provide equivalent
data.
SOUND PRESSURE LEVEL: A sound pressure level of a sound, in decibels, as
defined in ANSI Standards 51.201962 and 51.13 1921; that is, twenty times the
logarithm to the base ten of the ratio of the pressure of the sound to a reference
pressure, which reference pressure shall be explicitly stated.
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Section 17.02.140
STABLE~ COMMERCIAL: A stable for horses, mules or ponies whieh are rented,
used or boarded on a commercial basis for compensation.
STABLE~ PRIVATE: An accessory building for the keeping of horses, mules or
ponies owned by the occupants of the premises and not rented, used or boarded on
a commercial basis for compensation.
STOCK COOPERATIVE: Means stock cooperative as defined in Section 11003.2 of
the Business and Professions Code: Property consisting of dwelling units ownd by
a corporation whereby shareholders receive a right of exelusing occupancy in a
portion of the real property owned by the corporation.
STORY: That portion of a building included between the surface of any floor and
the surface of any floor next above it, or if there be no floor above it, then the
space between such floor and ceiling next above it.
STORY~ HALF: A story with at least two (2) of its opposite sides meeting a
sloping roof, not more than two (2) feet above the floor of such story.
STREET: Any public or private thoroughfare with a width of twenty (20) feet or
more, which affords a primary means of access to abutting property.
STREET LINE: The boundary line between a street and abutting property.
STREET, PERIPHERAL: An existing street whose right-of-way is contiguous to
the exterior boundary of the subdivision.
STREET, PRIVATE: A street in private ownership, not dedicated as a public
street, which provides the principal means of vehicular acoess to a property and
not to be construed to mean driveways, alleys, or parking areas.
STREET, PUBLIC.: A street owned and maintained by the City, the County, or the
State. The term includes streets offered for dedication which have been
improved, or for which a bonded improvement agreement is in effect.
STRUCTURAL ALTERATION. S.: Any change in the supporting members of a
structure such as the bearing walls or partitions, columns, beams or girders.
STRUCTURE: Anything constructed or built. An edifice or building of any kind,
or any piece of work artificially built up or composed of parts joined together in
some definite manner.
STRUCTURE~ ACCESSORY: A subordinate building which is ineidential and not
attached to the main building or use on the same lot. If an acoessory building is
attached to the main building or if the roof is a continuation of the main building
roof, the accessory building shall be considered an addition to the main building.
STRUCTURE, TEMPORARY: A structure without any foundation or footing~ ~nd
which is removed when the designated time period, activity, or use for which the
temporary structure was erected has ceased.
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Section 17.02.140
SUBDIVIDER: A person, firm, corporation, partnership, or associate who proposes
to divide, divides, or causes to be divided real property into a subdivision for
himself or for others; except that employees and consultants of such persons or
entities, acting in such capacity, are not "Subdividers".
SUBDIVISION: The division of a lot, tract or parcel of land into two or more lots,
tracts, parcels or other divisions of land for sale, development or lease.
SUBDIVISION~ CUSTOM LOT: A subdivision which creates parcels to be sold in an
undeveloped state to individual owners for development of not more than four
units per owner.
SUBDIVISION~ TRACT: A subdivision which creates five or more parcels to be
developed as a whole by an owner or builder.
T TOT LOT: An improved and equipped play area for small children usually up to
elementry school age.
TOWNHOUSE: A building subdivided into individual units such that each owner
owns the unit structure and the land upon which the unit is located, plus a common
interest in the land upon which the building is located.
TRAILt COMMUNITY: A trail, generally 20 feet in width, which is a segment of a
ulanned trail system, intended to link local feeder trails with the regional trail
system, and designed and improved for riding and hiking purposes.
TRAIL~ EQUESTRIAN: A trail which is a segment of a ~)ianned trail system
designed, improved, and intended to be used for horseback riding purposes.
TRAILt LOCAL FEEDER: A trail, generally 15 feet in width, which is a segment
of a planned trail system, intended to provide access to the rear of residential lots
from the community or regional trail system, and designed and improved for riding
and hiking purposes.
TRAIL~ REGIONAL MULTI-PURPOSE: A trail, generally 30 feet in width and
located along flood control and utility corridors intended to connect residential
areas with regional parks, scenic canyons, the national forest, and other major
open spaces, and designed and improved for riding, hiking, and bicycling purposes.
TRAVEL TRAILER: A vehicle other than a motor vehicle, which is designed or
used for human habitation and for travel or recreational purposes which does not
at any time exceed eight (8) feet in width and forty (40) feet in length and which
may be moved upon a public highway without a special permit or chauffeur's
license or both without violating any provisions of the California Vehicle Code.
TRANSITIONAL AREA: An area which acts as a buffer between two land uses of
different intensity.
TRUCK TERMINAL: A lot, lot area or parcel of land used, designed or
maintained for the purpose of storing, parking, refueling, repairing, dispatching,
servicing or keeping motor trucks and associate equipment together with those
faeilitias necessary to service, dispatch, store or maintain aforementioned
vehicles, their cargos and crews.
-38-
Section 17.02.140
U USE: The conduct of an activity, or the performance of a function or operation,on
a site or in a building or facility.
USE~ ACCESSORY: A use which is incidental to, and customarily associated with,
a specified principal use, and which meets the applicable conditions set forth in
this ordinance.
USE~ DISCONTINUED: To cease or discontinue a use or activity, excluding
temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving a facility.
USE~ CHANGE OF: The replacement of an existing use by a new use, or a change
in the nature of an existing use, but not including a change of ownership, tenancy,
name, or management where the previous nature of the use, line of business, or
other function is substantially unchanged.
USE~ CONDITIONAL: A use, listed by the regulations of any particular district as
a conditional use within that district and allowable therein, solely on a
discretionary and conditional basis, subject to Development/Design Review or to a
Conditional Use Permit, and to all other regulations established by this Code.
USE~ DRIVE-IN: An establishment which by design, physical facilities, service, or
by packaging procedures encourages or permits customers to receive services,
obtain goods, or be entertained while remaining in their motor vehicles.
USE~ PERMITTED: A use listed by the regulation of any particular district as a
permitted use within that clistriet, and permitted therein as a matter of right
when conducted in accord with the regulations established by this Ordinance.
USE~ PRINCIPAL: A use which fulfills a primary function of a household,
establishment, institution, or other entity.
USE~ TEMPORARY: A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
USE~ TRANSITIONAL A land use of an intermediate intensity between a mm'e
intensive and less intensive use.
USE~ SINGLE FAMILY: The use of a site for only one dwelling unit.
UNIVERSITY~ OR COLLEGE: An educational institution of higher learning which
offers a course of study designed to culminate in the issuance of a degree as
defined by Section 29002 of the Education Code of the State of California, or
successor legislation.
¥ VALUE OR VALUATION: The value of a building shall be the estimated cost to
replace the building in kind, based on current replacement costs.
VARIANCE: Permission to depart from the literal development requireme~l~ of
the Development Code.
-39-
Section 17.02.140
VEHICLE: A self-propelled device by which persons or property may be moved
upon a highway, excepting a device moved by human power or used exlusively upon
stationary rails or tracks.
VEHICLE~ RECREATIONAL: A vehicle towed or self-propelled on its own chassis
or attached to the chassis of another vehicle and designed or used for temporary
dwelling, recreational or sporting purposes. The term recreational vehicle shall
include, but shall not be limited to, travel trailers, pick-up campers, camp. tg
trailers, motor coach homes, converted trucks and buses, and boats and boat
trailers.
VEHICLE STORAGE/IMPOUND FACILITY: Any lot, lot area, or parcel of land
used, designed, or maintained for the specific purpose of storing, impounding, or
keeping motor vehicles, but not including dismantling or wrecking activities.
WALL~ FRONT: The nearest wall of a building or other structure to the street
upon which the building faces, but excluding cornices, canopies, eaves or any other
architectural embellishments.
WAREHOUSING: The use of a building or buildings primarily for the storage of
goods of any type, when such building or buildings contain more than five hundred
(500) square feet of storage space, but excluding bulk storage of materials which
are flammable or explosive or which create hazardous or commonly recognized
offensive conditions.
WHOLESALING: A use engaged primarily in the selling of any type of goods for
purpose of resale, including incidental storage and distribution.
YARD: An open space that lies between the principal or accessory building or
buildings and the nearest lot line.
-40-
Section 17.02.140
YARD: CORNER SIDE: A side yard which faces a public street on a corner lot
and extending from the front yard to the rear yard.
YARD~ FRONT: A yard extending the full width of the lot between the front lot
line and a line parallel thereto and passing through the nearest point of the
building; provided that, if a future street right-of-way has been established, such
measurement shall be from the future street right-of-way line.
YARD~ REAR: A yard extending the full width of the lot between the rear lot
line and a line parallel thereto. For throught lots, if a future street right-of-way
has been established, such measurement shall be from the future street right-of-
way line.
YARD~ SIDE: A yard between the side lot line and a line parallel thereto and
extending from the front yard to the rear yard.
ZERO LOT LINE: The location of a building on a lot in such a manner that one or
more of the building's sides rest directly on a lot line.
-41-
Sections 17.04.010 & 17.04.020
CHAPTER 17.04
8eefi~ 17.04.010 ~ & Intent
This chapter contains the procedures and regulatory provisions necessary to admin/ster
this Code in order to provide for land use consistency with the General PIan, regulate
uses which have the potential to adversely effect surrounding properties, promote a
visually attractive community, and provide flexibility in standards and requirements
when special circumstances exist.
8eetiou 17.04.020 P~ufit Ai~lieati~
A. ComDlete Applications
1. ComDlete ADDlications. Any application for a permit or entitlement
p,,rsuant to this code, must be accepted as complete for processing by the
City Planner in order to initiate the official review process. Standaid
submittal requirements for each permit outlining the form and content of a
complete application shall be established by the City Planner. AH required
materials, information and fees shall be provided by the applicant before the
application is complete for processing.
2. Check for ComDletness. Within thirty (30) calendar days after receipt of an
application, the City Planner shall review the application and determine if it
is complete for processing and shali notify the applicant of such
determination. In addition to the standard submittal requirements, the City
Planner may request information necessary for the complete analysis of an
application.
3. Incomplete Applications. In the event an application is determined not to be
complete, written notice shall be provided to the applicant specifying those
portions of the application which are incomplete. Said notice shall also
indicate the information and/or plans necessary to make the application
complete. The applicant must supply the requested plans and/or information
within sixty (60) days of the notice of incomplete filing. Upon receipt of the
required items by the City Planner, the information shall be reviewed for
completeness and a determination of completion shall be made within thirty
(30) days. Once an application has been deemed complete, a decision shah
be made within one (1) year.
B. Denials
1. In the event that information needed for the reasons shown below is not
provided by the applicant within the time limits specified by this section, the
City may deny a permit or entitlement for a development project to allow
time to obtain the needed information. Information whose absence would
constitute a reason for such a denial are:
(a) Information which is to be supplied by the applicant and is necessary
to prepare a legally adequate environmental document;
Section 17.04.030
(b) Information necessary to prepare a supplemental Environmental
Impact Report in compliance with the Public Resources Code, Section
21166; or
(c) Information without which the City's decision to approve a project
would not be supported by substantial evidence.
2. Denial for the above reasons may be deemed by the City to be a denial
without prejudice to the applicant's right to reapply for the same permit.
Section 17.04.030 Conditional Use Permits
A. Purpose and Intent. The purpose of these regulations are to create flexibility
necessary to achieve the objectives of the Development Code and General Plan
Selected uses in each district are allowed only subject to the granting of a
Conditional Use Permit, because of their unique site development requirements
and operating characteristics, which require special consideration in order to
operate in a manner compatible with surrounding uses. The Conditional Use
Permit process is intended to afford m opportunity for broad public review and
evaluation of these requirements and characteristics, to provide adequate
mitigation of any potentially adverse impacts, and to ensure that all site
development regulations and performance standards are provided in accordance
with the Development Code.
B. Authority. The Planning Commission is authorized to grant Conditional Use
Permits to achieve these purposes as prescribed in accordance with the procedure
in this Section and impose reasonable conditions. Conditions may include, but
shall not be limited to, requirements for special yards, open spaces, buffers,
fences, walls, and screening; requirements for installation and maintenance of
landscaping and erosion control measures; requirements for street improvements
and dedications, regulation of vehicular ingress and egress, and traffic circulation;
regulation of signs; regulation of hours or other characteristics of operation;
requirements for maintenance of landscaping and other improvements;
establishment of development schedules or time limits for performance or
completion; requirements for periodical review by the Planning Commission; and
such other conditions as the Commission may deem necessary to ensure
compatibility with surrounding uses, to preserve the public health, safety, and
welfare, and to enable the Com~nission to make the findings required ~y Section
17.i~ 30-E
C. Application
1. An application for a Conditional Use Permit shall be filed with the Planning
Division in a manner prescribed by the City Planner.
2. Conditional Use Permit applications involving new construction requires the
review of development plans as provided for in Chapter 17.06 of this title.
D. Public Hearing. The Planning Commission shall hold a Public Hearing on each
application for a Conditional Use Permit. The hearing shall be set and notice
given as prescribed in Section 17.02.110 Public Hearings.
-43-
Section 17.04.030
E. Findings. Before approving a Conditional Use Permit, the Planning Commission
shall make certain findings that the circumstances prescribed below do apply:
1. That the proposed use ks in accord with the General Plan, the objectives of
the Development Code, and the purposes of the district in which the site is
located.
2. That the proposed use, 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.
3. That the proposed use complies with each of the applicable provisions of the
Development Cede.
F. Pre-existing Conditional Uses/Permits
1. A use legally established prior to the effective date of this Code or prior to
the effective date of subsequent amendments to the regulations or district
boundaries which did not previously receive a CUP shall be deemed a pre-
existing conditional use. Such uses may continue in accordance with Section
17.02.130 (Non-Conforming Uses), and provided that the use is operated and
maintained in compliance with the conditions prescribed at the time of its
establishment, if any.
2. Alteration, expansion, or reconstruction of a building housing a pre-existing
conditional use shall comply with Section 17.02.130 regulating non-
conforming uses, until such time that a Conditional Use Permit is granted as
provided in this Section.
G. Revisions/Modificetions. Revisions or modifications of Conditional Use Permits
can be requested by the applicant. Further, the Planning Commission may
periodically review, modify or revoke a Conditional Use Permit.
1. Revisions/Modifications by applicant. A revision or modification to an
approved Conditional Use Permit such as, but not limited to, change in
conditions, expansions, intensification, location, hours of operation, or
change of ownership, may be requested by an applicant. Such request shall
be processed as described in Sections 17.04.030-C through F. The applicant
shall supply necessary information as determined by the City, to indicate
reasons for the requested change.
2. Review by Planning Commission. The Planning Commission may periodically
review any Conditional Use Permit to ensure that it is being operated in a
manner consistent with conditions of approval or in a manner which is not
detrimental to the public health, safety, or welfare, or materially injurious
to properties in the vicinity. If, after review, the Commission deems that
there is sufficient evidence to warrant a full examination, then a pu0lic
hearing date shall be set.
-44-
Section 17.04.030
3. Modification or Revocation by the Planning Com-'~ssion. After setting a
date for public hearing as described in Subsection z above, the City Planner
shall notify the applicant and owners of the CUP in question. Such notice
shall be sent by certified mail and shall state that the Commission will be
reviewing the CUP for possible modification or revocation, it shall also
state the date, time and place of hearing. The public hearing shall be
conducted and notice given in accordance with Section 17.02.110.
The City Planner shall fully investigate the evidence and prepare a report
for the Commission's consideration. Upon conclusion of the public hearing,
the Commission shall render a decision to do one of the following measures:
(a) Find that the CUP is being conducted in an appropriate matter and
that no action to modify or revoke is necessary; or,
(b) Find that the CUP is not being conducted in an appropriate manner
and that modifications to conditions are necessary; or,
(c) Find that the CUP is not being conducted in an appropriate manner
and that modifications are not available to mitigate the impacts and
therefore revokes the permit which requires the operation to cease
and desist in the time alloted by the Commission.
If the Planning Commission either modifies or revokes a CUP, then they
shall state reasons for such action within the resolution.
H. New Applications followin[~ Denial or Revocation. Following the denial or
revocation of a Conditional Use Permit application, no application for a
Conditional Use Permit for the same or substantially the same use of the same or
substantially the same site shall be filed within one year from the date of denial
or revocation.
-45-
Section 17.04.040
~fi~ 17.04.040 Variances
A. Purpose and Intent. The purpose of this Section is to provide flexibility from the
strict application of development standards when speeiai circumstances pertaining
to the property such as size, shape, topography, or location deprives such property
of privileges enjoyed by' other property in the vicinity and in the same district,
{consistent with the objectives of the Development Code). Any Variance granted
shall be subject to such conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and district in which such
property is situated.
B. Authority
1. The Planning Commission is authorized to grant Variances to achieve these
purposes as prescribed in accordance with the procedure in this Section, with
respect to development standards such as but not Limited to fences, walls,
hedges, sereening~ and landscaping; site area, width, and depth; front, rear
and side yards; eovernge; height of structures; landscaping; usable open
spare; performance standards; and on-street and off-street parking and
loading facilities and impose reasonable conditions. Conditions may include,
but shall not be limited to, requirements for special yards, open spares,
buffers, fences, walls, and screening; requirements for installation and
maintenance of landscaping and erosion control measures; requirements for
street improvements and dedications, regulation of vehicular ingeess and
egress, and traffic circulation; regulation of signs; regulation of hours or
other characteristics of operation; requirements for maintenance of
landscaping and other improvements; establishment of development
schedules or time limits for performance or completion; requirements for
periodical review by the Planning Commission; and such other conditions as
the Commission may deem necessary to ensure compatibility with
surrounding uses, to preserve the public health, safety, and welfare, and to
enable the Commission to make the findings required by Section 17.04.040-E.
2. The power to grant Variances does not extend to use regulations. Flexibility
to the use regulations is provided pursuant to Section 17.04.030 (Conditional
Use Permit) and Section 17.02.040 (Use Determination).
C. Application. An application for a Variance shall be filed with the Planning
Division in a form prescribed by the City Planner.
D. Public Hearing. The Planning Commission shall hold a public hearing on each
appLication for a Variance. The hearing shall be set and notice given as prescribed
in Section 17.02.110 (Public Hearings).
E. Findings
1. Before granting a Variance, the Planning Commission shall make the
following findings that the circumstances prescribed below do apply:
(a) That strict or literal interpretation and enforcement of the specified
regulation would result in practical diffiettlty or unnecessary phys/eal
hardship inconsistent with the objectives of this Code.
-46-
Section 17.04.050
(b) That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use
of the property that do not apply generally to other properties in the
same zone.
(c) That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone.
(d) That the granting of the Variance will not constitute a grant of
special privilege inconsistent with the limitations on other properties
classified in the same zone.
(e) That the granting of the Variance will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties
or improvements in the vicinity.
2. Parkinf[:. The Planning Commission may grant a variance in order that some
~ ~of the required parking spaces be located off-site, including locations
in other local jurisdictions, or that in-lieu fees or facilities be provided
instead of the required parking spaces, if both the following conditions are
met:
(a) The variance will be an incentive to, and a benefit for, the
nonresidential development.
(b) The variance will facilitate access to nonresidential development by
patrons of public transit facilities, particularly guideway facilities.
F. New A~)Dllcations Following Denial. Following the denial or revocation of a
Variance application, no application for the same or substantially the same
Variance on the same or substantially the same site shall be filed within one year
of the date of denial or revocation.
S~etion 17.04.050 Minor Exception
A. Purpose and Intent. In order to provide flexibility necessary to achieve the
objectives of the Development Code, selected site development regulations and
applicable off-street parking requirements are subject to Administrative review
and adjustment in those circumstances where such adjustment will be compatible
with adjoining uses, and consistent with the goals and objectives of the General
Plan and intent of this Code.
B. Authority
1. To achieve these purposes, the City Planner is authorized to grant a Minor
Exception for the following reasons in accordance with the procedures in this
Section and to impose reasonable conditions. Conditions may include, but
shall not be limited to, requirements for special yards, open spaces, buffers,
fences, walls, and screening; requirements for installation and maintenance
of landscaping and erosion control measures; requirements for street
improvements and dedications, regulation of vehicular ingress and egress,
and traffic circulation; regulation of signs; regulation of hours or other
-47-
Section 17.04.050
characteristics of operation; requirements for maintenance of landscaping
and other improvements; establishment of development schedules or time
limits for performance or completion; requirements for periodical review by
the City Planner; and such other conditions as the City Planner may deem
necessary to ensure compatibility with surrounding uses, to preserve the
public health, safety, and welfare, and to enable the City Planner to make
the findings required by Section 17.04.050-E.
(a) Fence Height. In any district the maximum height of any fence, wall,
hedge or equivalent screening may be increased by a maximum two (2)
feet, where the topography of sloping sites or a difference in grade
between adjoining sites warrants such increase in height to maintain a
level of privacy, or to maintain effectiveness of screening, as
generally provided by such fence, wall, hedge or screening in similar
circumstances.
(b) Setbacks. In any Residential district, the City Planner may decrease
the minimum setback by not more than ten (10%) percent where the
proposed setback area or yard is in character with the surrounding
neighborhood and is not required as an essential open space or
recreational amenity to the use of the site, and where such decrease
will not unreasonably affect abutting sites.
(c) Lot Covera~[e. In any Residential district, the City Planner may
increase the maximum lot coverage by not more than ten (10%)
percent of the lot area, where such increases are necessary for
significantly improved site planning or architectural design, creation
or maintenance of views, or otherwise facilitate highly desirable
features or amenities, and where such increase will not unreasonably
affect abutting sites.
(d) Off-Site Parking. The City Pla~ .,r may authorize a maximum
twenty-five (25%) percent of the required parking for a use to be
located on a site not more than 300 feet from the site of the use for
which such parking is required, where in his judgement such off-site
parking will serve the use equally as effectively and conveniently as
providing such parking on the same site as the use for which it is
required. The City Planner may require conditions as deemed
necessary to ensure utility, availability, and maintenance of such joint
use of off-site parking facilities.
(e) On-Site Parking. The City Planner may authorize a maximum
twenty-five (25%) percent reduction in the required on-site parking
requirements when it is proven that it will not result in a traffic
hazard or impact the necessary parking for the use.
(f) Height. In any district the City Planner may authorize a ten (10%)
percent increase in the maximum height limitation. Such increases
may be approved where necessary to significantly improve the site
plan o~ architectural design, and where scenic views or solar access
on surrounding properties are not affected.
C. Application. An application for a Minor Exception shall be filed with the Planning
Division, in a form prescribed by the City Planner.
-48-
Section 17.04.060
D. Notification. The City Planner shall notify the applicant and contiguous property
owners and other interested parties by certified mail ten (10) days prior to the
City Planning decision which the City Planner has the authority to approve. Said
notice shall state the following:
1. Requested action
2. Location of requested action
3. Name and address (parcel and lot number) of applicant
4. Date after which a decision will be made on application
5. Name of City Planner and telephone number of City Hall.
E. ~. The City Planner shall make the following findings when approving an
application for a Minor Exception.
1. That strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of the General Plan and intent of
the Development Code.
2. That there are exceptional circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply
generally to other properties in the same district.
3. That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by other
property owners in the same district.
4. That the granting of the Minor Exception will not constitute a grant of
special privilege inconsistent with the limitations on other properties
classified n the same district, and will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
F. New Applications following Denial or Revocation
1. Following the denial or revocation of a Minor Exception no application for
the same or substantially the same Minor Exception on the same or
substantially the same site shall be filed within one year from the date of
denial or revocation.
Section 17.04.060 Home O~]petices
A. PurDose and Intent The intent of these regulations are to assure that Home
Occupations in residential neighborhoods, under conditions, be compati.ble with the
surrounding neighborhood character.
B. Authority The City Planner is authorized to approve, impose reasonable
conditions upon such approval, or deny such requests.
-49-
Section 17.04.060
C. Mandatory Conditions for Operation of Home Occupations Home occupations may
be permitted on property used for residential purposes based on the following
conditions:
1. The use of the dwelling for such home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its inhabitants.
2. No persons, other than members of the family who reside on the premises,
shall be engaged in such activity.
3. There shall be no change in the outward appearance of the building or
premises, or other visible evidence of the activity.
4. There shall be no sales of products on the premises, except produce (fruit or
vegetables) grown on the subject property.
5. The use shall not allow customers or clientele to visit dwellings. However,
incidental uses such as music lessons, and the sale of fruits and vegetables
may be permitted if the intensity of such instruction is approved by the City
Planner.
6. No equipment or processes shall be used on the subject property which
creates noise, smoke, glare, fumes, odor, vibration, electrical, radio or
television interference disruptive to surrounding properties.
7. No home occupation shall be conducted in an accessory building. Normal use
of the garage may be permitted if such use does not obstruct required
parking.
8. Not more than 15% of the total square footage for the dwelling or one room
of the dwelling, whichever is less, shall be used for the home occupation.
9. The use shall not involve storage of materials or supplies in an accessory
building or outside any structures.
10. Use of the United States Postal Service in conjunction with the home
occupation shall be done by means of a post office box.
11. No signs shall be displayed in conjunction with the home occupation and
there shall be no advertising using the home address.
12. A home occupation permit is not valid until a current City business license is
obtained.
13. The use shall not involve the use of commercial vehicles for delivery of
materials to or from the premises, other than a vehicle not to exceed a
capacity of 1 1/2 ton, owned by the operator of such home occupation.
14. If an applicant is not the owner of the property where a home occupation is
to be conducted, then a signed statement from the owner approving such use
of the dwelling must be submitted with the application.
D. Application Applications for a home occupation shall be filed with the Planning
Division in a manner prescribed by the City Planner.
-50-
Section 17.04.070
E. Procedure for Approval Upon acceptance of a home occupation application, the
City Planner shall review the request for compliance with the above conditions.
Following a 5 day review period, the City Planner shall render a decision. The
decision shall clearly state, in writing, any conditions of approval or reasons for
denial.
F. City Business License Requirement
1. Immediately following the effective date of an approved home occupation,
when no appeal has been filed, the applicant shall obtain a City Business
License.
2. City business li~=nses expire on a yearly basis. If the business license is not
renewed within thirty (30) days after expiration, then the home occupation
permit shall become null and void.
G. New Applications following Denial Following the denial of a home occupation
permit, no application for a home occupation permit for the same or substantially
the same occupation on the same site shall be filed within one (1) year from the
date of denial.
Section 17.94.07~ Temporary Uses
A. Purpose and Intent. The purpose of this Section is to control and regulate land use
activities of a temporary nature which may adversely effect the public health,
safety, and welfare. The intent is to ensure that temporary uses will be
compatible with surrounding land uses, to protect the rights of adjacent residences
and land owners, and to minimize any adverse effects on surrounding properties
and the environment.
B. Authority. The City Planner is authorized to approve, conditionally approve with
reasonable conditions or to deny such request. The City Planner may establish
conditions and limitations, including but not limited to hours of operation,
provision of parking areas, signing and lighting, traffic circulation and access,
temporary or permanent site improvements, and other measures necessary to
minimize detrimental effects on surrounding properties.
The City Planner also may require a cash deposit or cash bond to defray the costs
of cleanup of a site by the City in the event the applicant fails to leave the
property in a presentable and satisfactory condition, or to guarantee removal
and/or reconversion of any temporary use to a permanent use allowed in the
subject district.
C. Temporary Use Permit. An application for a Temporary Use Permit shall be
required for the following activities and shall be subject to conditions established
herein and any other additional conditions as may be prescribed by the City
Planner.
1. Parking lot and sidewalk sales for businesses located within a commercially
designated property. Such uses shall be subject to the commercial and sign
regulations contained within Chapter 17.10 and Title 14 of the Municipal
Code, respectively.
-51-
Section 17.04.070
2. Outdoor art and craft shows and exhibits subject to not more than 15 days of
operation or exhibition in any 90-day period.
3. Seasonal retail sale of .agricultural products raised on the premises, limited
to periods of 90 days in a calendar year and when parking and access is
provided to the satisfaction of the City Planner. A minimum of ten (10) off-
street parking spaces shall be provided with provisions for controlled ingress
and egress to the satisfaction of the City Planner.
4. Religious~ patriotict histori% or similar displays or exhibits within yards,
parking areas, or landscaped areas, subject to not more than 15 days of
display in any 90-day period for each exhibit
5. Christmas tree or pumpkin sales lots subject to the following guidelines and
conditions:
(a) All such uses shall be limited to 30 days of operation per calendar
year.
(b) All lighting shall be directed away from and shielded from adjacent
residential areas.
(e) Adequate provisions for traffic circulation, off-street parking, and
pedestrian safety shall be provided to the satisfaction of the City
Planner.
6. Cireuses~ carnivals, rodeos, pony riding~ or similar travelin{{ amusement
enterprises subject to the following guidelines and conditions:
(a) All such uses shall be limited to not more than 15 days, or more than
three (3) weekends, of operation in any 180-day period. To exceed
this time limitation shall require the review and approval of a
Conditional Use Permit as prescribed in Section 17.04.030.
(b) All such activities shall have a minimum setback of 100 feet from any
residential area. This may be waived by the City Planner if in his
opinion no adverse impacts would result.
(c) Adequate provisions for traffic circulation, off-street parking, and
pedestrian safety shall be provided to the satisfaction of the City
Planner.
(d) Restrooms shall be provided.
(e) Security personnel shall be provided.
(f) Special, designated parking accommodations for amusement
enterprise workers and support vehicles shall be provided.
(g) Noise attenuation for generators and carnival rides shall be provided
to the satisfaction of the City Planner.
-52-
Section 17.04.070
7. Model Homes. Model homes may be used as offices solely for the first sale
of homes within a recorded tract subject to the following conditions:
(a) The sales office may be located in a garage, trailer or dwelling.
(b) Approval shall be for a two-year period, at which time the sales
office use shall be terminated and the structure restored back to its
original condition. Extensions may be granted by the City Planner in
one year increments up to a maximum of four (4) years or until ninety
(90) percent of the development is sold; which ever is less.
(c) A cash deposit, letter of credit, or any security determined
satisfactory to the City shall be submitted to the City of Rancho
Cucamonga, in ~.n amount to be set by Council Resolution, to ensure
the restoration ~:' removal of the structure.
(d) The sales office is to be used only for transactions involving the sale,
rent or lease of lots and/or structures within the tract in which the
sales office is located, or contiguous tracts.
(e) Failure to terminate sales office and restore structure or failure to
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 model homes.
(g) All fences proposed in conjunction with the model 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.
8. Trailer coaches or mobile homes on active construction sites for use as a
temporary living quarters for security personnel, or temporary residence of
the subject property owner. The following 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.
-53-
Section 17.04.070
(c) Trailer coaches permitted pursuant to this section shall not exceed a
maximum gross square footage of six hundred fifty (650) square feet
in size (tongue not included).
(d) The trailer coach must have a valid California vehicle license and
shall provide evidence of State Division of Housing approval as
prescribed in the Health and Safety Code of the State of California.
A recreational vehicle being defined as a motorhome, travel trailer,
truck camper or camping trailer, with or without motive power, shall
not be permitted pursuant to this section.
(e) The temporary trailer coach installation must meet all requirements
and regulations of the County Department of Environment '. Health
Services and the City Building and Safety Division.
(f) Any permit issued pursuant to this section in conjunction with a
construction project shall become invalid upon eanceUation or
completion of the building permit for which this use has been
approved, or the expiration of the time for which the approval has
been granted.
9. Other uses and activities similar to the above as deemed appropriate by the
City Planner. At that time, trailers shall be removed from the site.
10. Temporary Office Modules. The use of temporary structures, such as
trailers or pre-fabricated structures for use as interim offices, may be
considered in any district subject to the approval of a Conditional Use
Permit and the regulations stated within Section 17.10.30-F-4.
D. Application. Applications for a temporary use permit shah be filed with the
Planning Division in a manner prescribed by the City Planner.
E. New Applications followin~ Denial Following the denial of a Temporary Use
Permit application, no application for a Temporary Use Permit for the same or
substantially the same use or the same or substantially the same site shall be filed
within one year from the date of denial.
-54-
Section 17.06.010
CHAPTER 17.06
LAND DEVELOPM~ENT ltEVIEW
~k~tic~ 17.06.010 Development/Design Review
A. PurDose and Intent
1. This section estabUshes the review procedures for residential, commercial,
industrial, and institutional development proposals to facilitate project
review by local responsible agencies and the Development/Design Review
Committees in a timely and efficient manner; to ensure that development
projects comply with all appUcable local design guideUnes, standards, and
ordinances; to minimize adverse effects on surrounding properties and the
environment; and are consistent with the General Plan which promotes high
aesthetic and functional standards to complement and add to the physical,
economic, and social character of Rancho Cueamonga.
2. In addition, the City finds that a Development/Design Review process will
support the implementation of the General Plan, as it stresses quality
community design standards. The City further finds that the quality of
certain residential, institutional, commercial, and industrial uses has a
substantial impact upon the visual appeal, environmental soundness,
economic stabiUty, and property values of the City. This Section is not
intended to restrict imag/nation, innovation or variety, but rather to focus
on community design principles which can result in creative imaginative
solutions for the project and a quality design for the City. It is, therefore,
the purpose of this Section to:
(a) Recognize the interdependence of land values and aesthetics and
provide a method by which the City may implemant this
interdependence to its benefit.
(b) Encourage the orderly and harmonious appearance of structures and
property within the City along with associated facilities, such as
signs, landscaping, parking areas, and streets.
(c) Maintain the public health, safety and general welfare, and property
throughout the City.
(d) A~sist private and public developments to be more cognizant of public
concerns for the aesthetics of development.
(e) Reasonably ensure that new developments, including residential,
institutional, commercial and industrial developmants, do not have an
adverse aesthetic, health, safety or architecturally related impact
upon existing adjoining properties, or the City in general.
(f) Implement those sections of the City's General Plan which
specifically refer to the preservation and enhancement of the
particular character and unique assets of this City and its harmonious
development.
-55-
Section 17.06.010
(g) Minimizing the effects of grading by discouraging mass grading and
excessive slopes to ensure that the natural character of terrain is
retained.
(h) Preserving significant topographic features, including rock
outcroppings, native plant materials and natural hydrology while also
encouraging improved drainage from lots directly to a street, storm
drain, or through public or privately maintained easement.
(i) Limiting the impact of slopes on adjacent developed properties and
limit construction on identified seismic or geologic hazard areas.
(j) Encouraging the use of a variety of housing styles, splitlevel grading
techniques, varied lot sizes, site design densities, maintenance of
views and arrangement and spacing to accomplish grading policies.
(k) To help ensure that adequate school facilities for all existing and
future residential development in the City are provided.
(1) To help insure that adequate levels of public services are provided for
existing and future development in the City.
(m) To encourage orderly development of residences within areas more
readil., ~erved by public services.
(n) To encourage the development of master planned projects which
provide the service needs of the residents of these projects.
(o) To encourage use of energy conservation techniques in new residential
development.
B. Projects Requiring Development/Design Review
1. An application for Development/Design Review is ~'equired for commercial,
industrial, institutional, and residential projects with five (5) or more
dwelling units (See Section 17.06.030) involving the issuance of a b,:!lding
permit for construction or reconstruction of a structure which meeks the
following criteria:
(a) New construction on vacant property.
(b) Structural additions or new buildings which are equal to 50% of the
floor area of existing on-site building(s), or have a minimum 10,000 sq.
ft. in size.
(e) Reconstruction projects which are equal to 50% of the floor area of
existing on-site building(s), or have a minimum 10,000 sq. ft. in size.
(d) Projects involving a substantial change or intensification of land use,
such as the conversion of an existing building to a restaurant, or the
conversion of a residential structure to an office or commercial use.
-56-
Section 17.06.010
2. Projects of a limited size and scope which do not meet the above criteria
may require an application for Minor Development Review as defined in
Section 17.06.020.
3. Residential construction involving four (4) or less dwelling units are subject
to Design Review. The City Planner shall review the project for compliance
with the design considerations contained in Section 17.06.010-F.. The City
Planner may request modifications based on the design criteria or may refer
the project to the Design Review Committee.
C. Authority
1. Plannin[{ Commission Review: Development/Design Review applications
which meet any of the following criteria shall require review and
consideration by the Planning Commission:
(a) Any project being proposed along Foothill Boulevard, Haven Avenue,
or any other Special Boulevards, as described on the General Plan; and
(b) Projects which fall within the sensitive land use areas, or sensitive
environmental areas; and
(e) All projects which are master planned. As prescribed in Chapter
17.20.030, Master Plans, once the master plan has been approved by
the Planning Commission and does not fall on a special boulevard may
be approved by the City Planner.
(d) All additions that exceed 50% of the existing strueture and meet
requirements of I and 2 shall require Planning Commission approval.
(e) All projects requiring an EIR shall require Planning Commission
reviews.
(f) All residential projects of more than four (4) dwelling units.
The Planning Commission is authorized to approve or deny applications and
to impose reasonable conditions upon such approval, subject to the right of
appeal. Conditions may include, but shall not be limited to requirements for
open spaces, screening and buffering of adjacent properties, fences, and
wails; requirements for installation and maintenance of landscaping and
erosion control measures; requirements for street improvements and
dedications, regulation of vehicular ingress and egress, and traffic
circulation; regulation of signs; regulation of hours or other characteristics
of operation; requirements for maintenance of landscaping and other
improvements; establishment for maintenance of landscaping and other
improvements; establishment of development schedules or time limits for
performance or completion; and such other conditions as the Commission
may deem necessary to ensure compatibility with surrounding uses, to
preserve the public health, safety, and welfare, and to enable the
Commission to make the findings required by Section 17.06.020-F.
-57-
Section 17.06.010
2. City Planner Review: Development/Design Review applications which do
not require Planning Commission review as described above shall be subject
to review and approval by the City Planner. Although, if in the opinion of
the City Planner the application involves unusual site development
requirements or unique operating characteristics, or raises questions of
development policy substantially more significant than generally pertain to
applications for development review and which require Planning Commission
consideration, the City Planner shall refer the application to the Planning
Corn mission.
The City Planner may, coutingent upon environmental clearaace by the
Planning Commission, grant approval or grant approval in a modified form or
subject to conditions, or may deny the application. Conditions may include,
but shall not be limited to; requirements for open spaces, screening and
buffering of adjacent properties, fences and walls; requirements for
installation and maintenance of landscaping and erosion control measures;
requirements for street improvements and dedications, regulation of
vehicular ingress, egress, and traffic circulation; regulation oE signs;
regulation of hours or other characteristics of operation; requirements for
maintenance of landscaping and other improvements; establishment of
development schedules or time limits for performance or completion; and
such other conditions as the City Planner may deem necessary to insure
compatibility with surrounding uses, to preserve the public health, safety,
and welfare, and to enable the City Planner to make the findings required by
Section 17.06.020-F.
3. The Development, Design and Grading Review Committees are hereby
established to be advisory to the Planning Commission and the City Planner
in areas of Development, Design and Grading issues.
D. Application An application for Development/Design Review shall be filed with
the Planning Division in a manner prescribed by the City Planner.
E. Development/Design Review Procedure
1. Schedulin~ for Committee Review. Upon acceptance oE a complete
application for Development Review or for design approval only, a project
shall be set on the first available agenda Eot Committee reviews. The
applicant and any persons requesting notice will be notified at least ten (10)
days prior to the meetings.
2. Ali development proposals submitted pursuant to this Section are initially
reviewed by the Development, Design, and Grading Committees: (1) Design
Review Committee - architecture and site planning; (2) Grading Committee
- grading and drainage; and (3) Development Review Committee -
compliance with technical code requirements. Each committee shall make a
recommendation on each project for consideration by the Planning
Commission or City Planner, if applicable.
-58-
Seetion 17.06.010
3. Design Review Committee. The Design Review Committee shall be
comprise of three members. One shall be the City Planner and two shail be
members of the Planning Commission. The Planning Commission shall elect
two of its members to the Design Review Committee. The City Planner
shall be the secretary of the Committee. Of the first two commission
members appointed, one shall have a term of six months and the other shall
have a term of twelve months. Thereafter, all terms shall be twelve
months. The Design Review Committee shall meet as needed. The time
and place of such meeting shall be set by resolution of the Planning
Co m mission.
Review and analysis by the Design Review Committee will consider design
elements, such as, but not limited to, compatibility of the project to
surrounding properties; relationship of the design and layout of the project to
the site; architeeturai design and use of materials; grading; landscaping;
screening and buffering techniques of adjacent properties; signs; and open
space. This committee will determine if the project adequately meets City
design guidelines and standards, and will transmit an appropriate
recommendation to either the City Planner or Planning Commission.
The recommendation of the Design Review Committee will be based upon
the project conforming to the following criteria:
(a) The Design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, design guidelines
of the appropriate district, and any adopted architectural criteria for
specialized area, such as designated historic districts, theme areas,
specific plans, community plan, boulevards, or planned developments.
(b) The design and layout of the proposed development will not
unreasonably interfere with the use and enjoyment of neighboring
existing or future developments, and will not create traffic or
pedestrian hazards.
(c) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
this Section and the General Plan of the City.
(d) The design of the proposed development would provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture and color
that will remain aesthetieaily appealing and will retain a reasonably
adequate level of maintenance.
If the project is found to be not acceptable by the Committee, the City
Planner will inform the applicant of the design issues and may suggest
possible alternatives which would improve the design of the project. The
Committee will then direct the applicant to return to the Committee with
the revisions and/or work with Staff to resolve the concerns prior to final
approval by either the Planning Corn mission or City Planner.
-59-
Section 17.06.010
4. Development Review Committee. The Development Review Committee, is
comprised of members of the Community Development Department,
Planning, Engineering, and Building and Safety Division; the Cucamonga
County Water District; the Foothill Fire Protection District and the Sheriff's
Department. Review by this Committee will consider items, such as, but not
limited to circulation; street improvements; right-of-way dedication; utility
easements; grading; drainage facilities; storm drain improvements; uniform
building code requirements; security; fire flow; emergency access; location
of fire hydrants; water and sewer line connections and sizing; water
pressure; permit fees; streetscape and landscape standards; setbacks;
parking; and requirements for environmental processing. The Committee
will require changes in any development for compliance with adopted codes
and standards. They may also make recommendations to the City Planner
and Planning Commisison on any policy issues or areas not covered by
existing codes and standards.
5. Grading Committee. The Grading Committee, comprising of representatives
of each Division of the Community Development Department will consider
items such as, but not limited to, cut and fill areas; drainage and flood
control facilities; erosion control; retaining walls; and the effect of proposed
grading on adjacent properties. This Committee ,viii determine if the
Grading Plan meets City grading guidelines and policies. The decision of the
Grading Committee will be forwarded to the City Planner or Planning
Commission and will be based on the following criteria as well as the City's
adopted Grading Ordinance:
(a) To provide a variety of housing styles and site planning techniques,
grading within custom lot subdivisions shall occur for streets only.
Built structures must be designed to fit the natural topography as
much as possible.
(b) To reduce the impact of grading on adjacent properties, hard edges
left by cut and fill operations shall be given a rounded appearance
that closely resembles the natural contours of the land.
(c) The character of the natural terrain shall be preserved wherever
possible. In hillside areas, the creation of level areas, such as building
pads, shall be minimized. However, where level areas are necessary,
grading concepts must provide variety in the steepness of slopes and
configuration.
-60-
Section 17.06.010
(d) Created slopes, either cut and fill that are adjacent to roadways shall
be graded in such a way that an undulating appearance in the graded
plane be provided for a more attractive and natural looking
streetseape than engineered or uniform slopes.
(e) Within residential developments, grading must be planned in such a
way so as to preserve and enhance vistas, particularly those seen from
public places. Also, natural riclgelines must be reserved as a backdrop
for homes and units must be plotted to conceal created slopes
wherever possible.
(f) To encourage maintenance of slopes for erosion control and aesthetics
property lines shall be located at the top of the slope and
revegetation must be installed by the developer.
-61-
Section 17.06.020
F. Findings The Planning Commission or City Planner, where authorized, shall make
the following findings before approving a Development or Design Review
application:
1. That the proposed ~)roject ,s consistent with the General Plan; and
2. That the proposed use is in accord with the objective of the Development
Code and the purposes of the district in which the site is located.
3. That the proposed use is in compliance with each of the applicable provisions I
of the Development Code; and
4. That the proposed use, 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; and
G. New Applications following Denial: Following the denial of a Development
Review application, no application for the same or substantially the same use or
the same or substantially the same site shall be filed within one year from the
date of denial.
~tio~ 17.06.020 Mino~ Development Review
A. Purpose and Intent The purpose and intent of the Minor Development Review
process is to provide for the Administrative review of projects which, because of
their limited size and scope, have minor aesthetic, land use, or traffic
implications and do not create any significant impact on public utilities m-
services. The Minor Development Review process is to assure that such limited
projects comply with all applicable city standards and ordinances, and are not
detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the immediate vicinity.
B. Authority The City Planner is authorized to approve Minor Development Review
applications or deny applications and to impose reasonable conditions upon such
approval. Conditions may include, but shall not be Limited to, requirements for
special yards, open spaces, buffers, fences, walls, and screening; requirements for
installation and maintenance of landscaping and erosion control measures;
requirements for street improvements and dedications, regulation of vehicular
ingress, egress, and traffic circulation; regulation of signs; regulation of hours or
other characteristics of operation; requirements for maintenance of landscaping
and other improvements; establishment of development schedules or time limits
for performance or completion; and such other conditions as the City Planner may
deem necessary to make the findings required in Section 17.06.020-F.
C. Projects Requiring Minor Development Review All applications for Minor
Development Review are required for residential, commercial, industrial, and
institutional projects which may or may not involve the issuance of a building
permit for construction or reconstruction of a structure which mee~s the following
criteria:
1. Structural additions whieh do not result in an increase of more than 50% of
the floor area of the existing building or 10,000 square feet, whichever is
less.
-62-
Section 17.06.020
2. New structures not visible from public view a. ~ located c- the same
assessor's parcel as an existing business or institution. Said str~ ~ures shall
not result in an increase of more than 50% of the floor area of the existing
buildings, or 10,000 square feet, whichever is less.
3. New construction, expansion, or significant reconstruction of parking lots.
4. The establishment and/or construction of an outdoor storage area on the
same site as, and in conjunction with, an existing business.
5. The construction and/or placement of silos, satellite dishs, antennas, water
tanks, roof or ground mounted equipment visible from public view, or similar
structures and equipment as determined by the City Planner.
D. Applications An application for a Minor Development Review shall be filed with
the Planning Division in a manner prescribed by the City Planner.
E. Development/Design Review Applications involving the construction of new
buildings or building additions may be referred to the Development/Design Review
Committees for further review, as provided for in Section 17.06.010.
F. Findin{is The City Planner shall make the following findings before granting
approval of a Minor Development Review application:
1. That the proposed project is consistent with the objectives of the
Development Code, and the purposes of the district in which the site is
located.
2. That the proposed project together with the conditions appllcable thereto,
will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
3. That the proposed project is in compliance with each of the applicable
provisions of the Development Code.
4. That the proposed project is consistent with the General Plan.
G. New Applications followin[~ Denial. Following the denial of a Minor Development
Review application, no application for the same or substantially the same use or
the same or substantially the same site shall be flied within one year from the
date of denial.
Seeflca 17.06.030 Resideatial Growth Management Review System
A. SeoDe and Exemptions. This Section shall apply to all residential development
prole' ets which will result in the subdivision of residential lots and/or the
construction of new residential dwelling units, and mobile home parks. However,
the following projects shall be specifically exempt from the provisions of this
Section:
1. Single-family, duplex and triplex developments involving a total of four units
or less provided that any such application on a parcel shall be on a one time
basis only for a two year period from the date of issuance of a building
permit for the last unit on the parcel.
-63-
Section 17.06.030
2. Residential land divisions involving four lots or less provided that any such
application on a parcel having the same zoning district shall be on a one time
basis only for a two year period from the date of issuance of a building
permit for the last unit of the project. Subdivisions for the sole purpose of
separating different zoning districts shall be exempt from the provisions of
the ordinance codifying this chapter. Further divisions of the residential
portion of such subdivisions shall be subject to the provisions of the
ordinance codifying in this chapter.
3. Government subsidized senior citizen housing projects.
4. Renewable building permits issued prior to the effective date of this Code.
5. Condominium conversions of dwelling units built prior to the effective date
of this '7ode.
6. Tentative Tract maps approved prior to the effective date of this Code.
7. Conditional Use Permit or Development Review applications approved prior
to the effective date of this Code.
B. Evaluation
1. General. All residential development projects not specifically exempted,
shall be processed under this review procedure. Projects which require
approval of building design only shall be processed under the
Development/Design Review procedure in Section 17.06.010. The
development potential of any site shall be evaluated on its own merits--size,
shape, location, natural features and project design~ased upon the specific
design criteria contained in this Section. The review of each project shall
follow the Development/Design Review process described in Section
17.06.010.
2. Types of Criteria. This review procedure contains additional criteria that
are based upon community objectives expressed as General Plan policies.
Each of these criteria are used together in conjunction with the
Development/Design Review considerations as described in Section
17.06.010. These criteria are:
(a) Absolute Policies. These are absolute requirements each project must
satisfy before approval can be granted. The absolute policies have
been developed in response to the most critical issues associated with
residential development. These include assuring neighborhood
compatibility, compliance with adopted plans, adequacy of public
facilities and services, and protection of the public environment and
public health. These are contained in Chapter 17.08, Residential
Districts.
(b) Development Standards. These are the development standards dealing
with minimum requirements for setback, lot area, building height,
open space, etc. The specific development standards which a project
must satisfy are dependent upon the base zoning district. The
development standards are contained in Section 17.08.040.
-64-
Section 17.06.030
(e) DesiKn Guidelines. The ~uidelines are based upon community desig~
goals as expressed in the General Plan and encourage the orderly and
harmonious appearance of structures and property including
neighborhood compatibility, site planning, architecture and
landscaping. The guidelines are intended to be flexible enough to
allow individual expression and innovation within a framework of an
established high standard for design quality. The design guidelines are
contained in Section 17.08.090.
C. Application Procedure An application for Residential Development Review shall
be filed with the Planning Division on a form prescribed by the City Planner.
D. Public Hearin{{
1. The Planning Commission shall hold a public hearing on all Residential
Development Projects. Subdivision Maps shall be heard simultaneously.
Upon ~ompletion of the public hearing, the Planning Commission shall
approve, conditionally approve or deny the application. If the Planning
Commission denies the application, their decision shall be final unless
appealed to the City Council within ten (10) calendar days (see Section
17.02.080).
2. The Planning Commission may alter the Development Plans and/or
subdivision and impose such restrictions and conditions as it may deem
necessary to ensure that the project will be in harmony with the intent and
purposes of this section and with the adopted plans and policies of the City
and/or guidelines as approved by the Planning Commission.
E. Findin{{s. The Planning Commission shall make the following findings before
approving a Residential Development Project.
1. The project is consistent with all applicable general and specific plans.
2. The design or improvements of the project are consistent with all applicable
general and specific plans.
3. The site is physically suitable for the type of development proposed.
4. The design of the project is not likely to cause substantial environmental
damage and avoidable injury to humans and wildlife or their habitat.
5. The project is not likely to cause serious public health problems.
6. The design of the project will not conflict with any easement acquired by the
public at large, now of record, for access through or use of the property
within the proposed project.
7. That this project will not ~reate adverse impacts on the environment.
Sections 17.08.010 & 17.08.020
~HAPTER 17.08
RESIDENTIAL DI~R/~TS
~tion l?.08.010 Purposes and Oeneral Plan Ccmistenc7
A. The General Plan outlines goals and objectives, with regard to residential uses and
development. This Chapter is intended to implement these General Plan goals and
objectives through the following purposes:
1. Facilitate development in accord with the General Plan with greater
flexibility and encourage more creative community design than under
conventional zoning or subdivision regulations.
2. Promote economical and efficient use of the land while providing a
harmonious variety of housing choices, mixed use development, urban
services, and preservation of natural and scenic qualities of open spaces and
areas or structures of historical significance.
3. Promote design and construction techniques that are responsive to the
environmental resources of the site, and encourage energy conservation
through solar and other renewable energy resources.
4. To promote development compatible with surrounding neighborhoods and
protect neighborhoods from harmful encroachment by intrusive or disruptive
development.
5. It is intended that land use shah be managed with respect to location,
timing, and density/intensity of development in order to be consistent with
the capabilities of the City and special districts to provide services, to
create communities where a diverse population may realize common goals,
and to achieve sustainable use of environmental resources both within and
outside of the City.
Section 17.08.020 Residential Development Districts
These districts have been created to implement the goals, objectives and land use
designations of the General Plan. In addition, each district is designed to implement the
density limits of each district.
A. Very Low Residential District (VI,): This district is intended as an area for very
Iow density single family residential use, with a minimum lot size of 20,000 square
feet and a maximum residential density of up to two units per gross acre.
B. ~ R~sidefltial District (I.): This district is intended as an area for single family
residential use, with a minimum lot size of 7,200 square feet and a maximum
residential density of 4 units per gross acre.
C. Lo~-Medium l~sickntial District (LM): This district is intended as an area foe
low-medium density single family or multiple family use with site development
regulations that assure development compatible with nearby single family
detached neighborhoods. Residential densities are expected to range from 4 to 8
units per gross acre maximum.
-66-
Section 17.08.030
D. Medium Residential Dimtriet (M): This district is intended as an area for medium
density multiple family use, with site development regulations that assure
development compatible with nearby lower density residential development.
Residential densities are expected to range from 8-14 units per gross acre
maximum.
E. Medium-High District (MH): This district is intended as an area for medium-high
density multiple family use, with site development regulations that assure
development compatible with nearby lower density residential development.
Residential densities are expected to range from 14 to 24 units per gross acre
maximum.
F. High Residential District (H): This district is intended as an area for high density
multiple family use, with site development regulations that assure development
compatible with nearby lower density residential development. Residential
densities are expected to range from 24 to 30 units per gross acre.
Sectio~ 17.08.030 Use Regulations
Uses listed in Table 17.08.030 shall be allowable in one or more of the residential
districts as indicated in the columns beneath each residential district heading. Where
indicated with the letter "P", the use shall be a permitted use. Where indicated with the
letter "C", the use shall be a conditional use subject to a Conditional Use Permit. ]'his
section shall not be construed to supersede more restrictive use regulations contained in
the Conditions, Covenants and Restrictions of any property or dwelling units. However,
in no case shall uses be permitted beyond those allowable in this section. In the event
ther-~ is difficulty in categorizing a given use in one of the Districts, the procedure
outlined in Section 17.02.040 shall be followed.
TABLE 17.08.030 UgE REGULATIONS FOR R~[DENTIAL DISTRICTS
USE VL L LM M MH H
A. Residential Uses
1. Single Family Detached P P P P* -
2. Single Family Attached - P P P P
(Du-,Tri- and Fourplex)
3. Multiple Family - P* P P P
Dwellings
4. Mobile Home Parks C C C C C C
Note: Symbol * indicates permitted in conjunction with optional development
standards only.
P = Permitted Use
C = Conditional Use Permit required
-67-
Section 17.08.030
USB VI, L LM M MH H
B. Other Uses
1. Animal Care Facility C ....
2. Cemetery C C C C C C
3. Church C C C C C C
4. Club, Lodge,
Fraternity & Sorority - C C C C C
5. College or University C C C C C C
6. Convalescent Center - C C C C
7. Public Facility C C C C C C
8. Day Care Facility
Accessory - 6 or less P P P P P P
Non-Accessory -
7 or more C C C C C C
9. Fire & Police Station C C C C C C
10. Hospital - - C C C C
11. Outdoor Recreation
Facility (non-
eom mereial) C C C C C C
12. Public Park and Play-
ground P P P P P P
13. Residential Care
Facility
Accessory - 6 or less P P P P P P
Non-Accessory -
7 or more - - C C C C
14. Schools, Private &
Parochial C C C C C C
15. Stable, Commercial C ....
16. Stable, Private P - - -
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
P = Permitted Use
C = Conditional Use Permit required
-68-
Section 17.08.030
USE VL L LM M MH H
10. Second Dwelling Unit
(including elder
cottage) C C C - -
11. Recreational Vehicle
Storage Yard C C C C C
12. Feed & Tack Store
(if accessory to
commercial stable) C - - -
13. Dormitory (if
accessory to college
or school) C C C C C C
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 those provisions P P P P P P
2. Temporary trailers for
use in conjunction with
religious and agricultural
uses for a specified
interim period. C C C C C C
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:
(1) Farms for orchards, trees, field crops, truck gardening,
flowering gardening, and other similar enterprises carried on in
the general field of agriculture.
(2) Raising, grazing, breeding, boarding or training of large or
small animals: except concentrated lot feeding and
commercial poultry and rabbit raising enterprises, su~' eot to
the following:
(a) Cats and dogs: limited to the keeping of not to exceed
four (4) cats and/or four (4) dogs, over four (4) months
of age.
-69-
Section 17.08.030
(b) Small livestock: with the number of goats, sheep, and
similar animals limited to twelve (12) per acre of total
gross area, with no more than one (1) male goat.
(c) Cattle and horses: including calves and colts over six
(6) months of age, with a maximum number of four (4)
animals per acre of total gross area.
{d) Combinations of the above animals, provided the total
density on any given parcel shall not exceed that herein
specified.
(e) In no event shall there be any limit to the permissible
number of sheep which may be grazed per acre, where
such grazing operation is conducted on fields for the
purpose of cleaning up unharvested crops, stubble,
volunteer or wild growth, and further, where such
grazing operation is not conducted for more than (4)
weeks in any six (6) month period.
{3) Aviary: limited to fifty (50) birds per acre.
(4) Apiary: provided that all hives or boxes housing bees shall be
placed at least four hundred (400) feet from any street, road or
highway~ any public school, park, property boundary or from
any dwellil~ or place of human habitation other than that
occupied by the owner or earetakar of the apiary.
Additionally~ a water source shall be provided on-site.
(5) Retail sale of products raised on property excluding retail
nu~sary and sale of animals for commercial purposes.
(b) Conditional Use Permit required:
(1) . Wholesale distributor and processor of nursery - plant stock.
Retail nursery where incidental and conti~uous to propagation
of nursery stock and/or wholesale distributor. Outdoor storage
and display are prohibited except for nursery - plant stock.
(2) Dog kennels~ dog training schools, small animal shelters and
do~ breeding establishments with outside runs.
(3) The raising of chinchilla, nutria, hamsters, ~uinea pigs, eavy~
and similar small animals.
(4) Frog farms.
(5) Worm farms.
-70-
Section 17.08.030
2. Animals. Keeping of animals accessory to residential use shah be limited as
FSHows:
(a) Number of Animals: The number of animals kept on any site shall not
exceed the maximum number and combination of animals allowable as
set forth in Table 17.08.030-E. For example, the following
combination of animals would be permitted in the VL District: 2
horses, 1 pony, 1 cow, 4 goats, etc.
(b) Location of Animals: All animals, excluding household pets, shall be
kept a mini[num distance of 70 feet from any adjacent dwelling,
school, hospital or church located on any adjoining site. The location
of corrals, fenced enclosures, barns, stables or other enclosures used
to confine horses shall conform to this requirement.
(c) Deed Restrictions: New subdivision Conditions, Covenants and
Restrictions shall not prohibit the keeping of equine animals, where
district requirements for the keeping of said animals have been met.
Individual lot owners shall have the option of keeping equine animals
without the necessity of appealing to boards of directors or
homeowner's associations for amendments to CC&R's. A copy of the
CC&R's for single family subdivisions shall be reviewed and approved
by the City prior to final map recordation. Except as provided
hereinabove, this section shall not be construed to supersede animal
regulations contained in the Conditions, Covenants, and Restrictions
of any site or dwelling unit. However, in no case shall private deed
restrictions permit animals or numbers of animals beyond those
allowable in this section.
(d) Exotic or Wild Animals: Keeping of exotic or wild animals shall be
permitted subject to issuance of a Conditional Use Permit.
(e) Offspring: 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).
-71-
Section 17.08.030
TABLE 17.08.030'-E
ANIMAL RliGULATIONS, lil~tlDENTIAL DISTRICTS
Minimum Site Maximum Number a
Typo of Animal Area Per Animal(s) Of Animals Ailowabte Residential
Required On Any Site District
1. Each horse, mulee, 10,000 6 VL, Lc
donkey or pony
2. Each large animal 20,000 3 VL, Lc
other than a
horse, pony,
mule, or donkey
3. Each small 5,000 6 All
animal
4. Each 5 ~irds, or 5,000d 25d All
rodents"
5. Each eat None 3 All
6. Each dog None 3 Ail
7. Household pets None No maximum VL
other than a eat
or dog
8. Exotic or Wild b b All
Animals
NOTES:
a. Young animals born to a permitted animal kept on the site may be kept until such
animals are weaned. (eats 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 por each 5,000 square feet of site area may be
permitted subject to aproval 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.
-72-
Section 17.08.030
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 (1) mobile home is permitted on a lot in a residential
District, except VL, 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, 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 t,':c 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. Only the parking and storage of
recreational vehicles in proximity to residential users shall be permitted 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 De screened from public view by a
combination of block or masonry wall, berming, dense landscaping, or
building mass.
(b) Retail oi' 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 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.
-73-
Section 17.08.030
(d) The unit does not exceed 640 square feet.
(e) The unit shall have a separate entrance from the main residence.
(f) The unit shall provide parking and access per Chapter 17.12, except
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 use of temporary/removable structures for a second dwelling unit
shah be limited to the sole occupancy of one or two adult persons who
ar~ ~0 years of age or over and related to the occupants of primary
residence by blood, marriage, or adoption. Further, said structure
shah 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 Aha Regional (~uality Control Board and the City, written
certification of acceptability including aU supportive information
shah be submitted.
7. Uses Within Reeol{nized Historical Structures. Existing historical landmarks
and focal points which have been recognized by the City as having historical
significance ere 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 buLlding
materials (roofing, siding, painting), walls or fences, street
improvements, drainage facilities, etc.
-74-
Section 17.08.040
Seeticm 17.08.040 Site Development Criteria
The Site Development Criteria are intended to provide minimum standards for
residential development. These site development standards should be used in
conjunction with the design guidelines which are set forth in Section 17.08.090 of this
chapter. This section shall not be construed to supersede more restrictive site
development standards contained in the Conditions, Covenants and Restrictions of any
property or dwelling unit. However, in no case shall private deed restrictions permit a
lesser standard in the case of a minimum standard of this section or permit a greater
standard in the case of a maximum standard of this section.
A. Development Standards. The ~evelopment standards for residential development
are arranged into two categories: (1) basic development standards, and (2)
optional development standards. These standards are used in con~unction with the
Absolute Policies and Design Guidelines during the residential land
development/design review process as discussed in Chapter 17.06. Each
residential development must conform to either the basic sta~~ ,.rds or the
optional standards.
1. Basic Development Standards: These standards are intended to provide basic
standards which will ensure good quality and compatible projects. A
residential development over four units per acre is generally limited to the
mid-point of the density range for which it is designated. These standards,
as well as the density limitation, are intended to create a development which
will be compatible and provide for proper transitions from more sensitive or
less intense residential development.
2. Optional Development Standards: These standards are intended to provide
high standards for the development of projects of superior quality and
compatibility. The optional standards allow development at the higher end
of the designated density range. However, the standards and development
expectations have been increased above and beyond the basic standards in
order to ensure proper transitions and buffers from lower intense residential
uses.
The ultimate density allowed in any residential district shall be determined
through the residential land development design review process and public
hearings as described in Chapter 17.06. The Planning Commission shall have
the authority to reasonably condition any residential development to ensure
proper transition and compatibility to adjacent residential developments;
existing or proposed.
-75-
Section 17.08.040
B. Basic Development Standards. The following table, Table 17.08.040-B sets forth
minimum development standards for residential development projects filed up to
the mid-point of the permitted density range.
TABLE l?.08.040-B BASIC DKVELOPM~ENT STANDARD~
(Mm = !~ ~ VI, I~ Lu Mil
~inimum Net Average ~2,500 $,000 N/R
~inimurn Net 20,000 5,000 N/~
(permitted per aero) 2 6 t9
~u,i.m. u,,~u,,~ unit ~ Yi'.: :~::~ : =
Single family demehed
dwellings
only
Minimum Width 9Uavg. 45&vg. N/R
~ required front varyti0 vary1:5
setback)
Min. corner lot widu1 100 50 N/R
Minimum dsptn 150 ~= i 90 N/R
Minimum frontage 50 ~ 30 = N/R
Min. Rq Lot frontage 30 20
(~ front proparty tine) :
s,u~.b
(variat)le, but no !:~ ::"
less u~an) :
At tntarlo~ 30/5 15/5 15d/~d
(Dwemng
Unit/
Ac~easory Bldg.)
Front to Front N/R 25 3~ 30
Other N/R :i~i ,;i;il; lO 15 1.5 {.~ ,
[-Ini~t Limitatiem 35 35 3,~f 40f
Lot Goverag~ 25% MJ~ 50% ~ 50%
(Maximum qb)
Private Opan Space 2000/N/R 300/150 ~{{~f~M{150/100
(Ground Floor/
Ul:~ar Story Unit)
Common Open Spacea N/R N/R 30%
<~inimum ~)
Usaimie O~an 5p~n 65% 40%
~ g ~::~g per S~.
{{ Ii Ill Il
a. ExcLuding [and nmeemm'T for s~eofldary streetm and arterials.
b. A.m measured from ultimate ri&fit-of-way tine.
e. Vartat)le front yards allowed t~reuant to Section I?.O{.O60-H
d. Add t0 feet if adjacent to VL, L or LM district.
e. Leas titan 18 feet from I~ank of sidewMk requires automatic garage door openers.
f, Limit 1 story within $0 feet of v~ or L District.
g. Perimeter landseapin~ and interior street trees.
h. A single family detanhed dwettin~ le~ than 900 square feet will reqU4re the apgrovei of a Conditional
Use Permit pet. S~etion 17.04.030. -76-
Section 17.08.040
C. Optional Development Standards. The following table, Table 17.08.040-C sets
forth minimum development standards for residential development projects filed
up to the maximum density permitted by the density range.
TABLE 17.08.040-C OPTIONAL DKVHLOPMENT ~rANDARI~
(minimum net) : : :
{permitted per acre) 8 24
M/a/mum D~lllal OMi ~
Minimum Width required in sir~le fMMty:~i~iom
satbaek)
Minimum Depth ~e~uired in sir~le f~L~ioo, s N/R
~ivate ~ ~ 300/150 t50/100
{minimum %)
{private and ~mmon)
e. ~mit l~t~ witch 50 f~t o~ VL ~ L Dil~iet.
d. A~ I0 f~t ff edjae~t to VL. ~ ~ ~M da~iet.
Perimeter l~i~ ~d interi~ ~e~t ~.
g. A si~le firefly Mtl~ dwe~ ~ ~ 900 ~
-77-
Section 17.08.040
D. Streetseape Setbacks. It is the intent of this Section to create streetscape
standards for landscape, building and parking setbacks that help to identify the
function of streets and to improve the scenic quality of the community. The
following table, Table 17.08.040 sets forth the minimum setbacks based upon the
street classification in the Circulation Plan of the General Plan. These setbacks
shall be required of all developments which contain or abut on any one of the
following street classifications.
TABLE 17.08.040-D STREETSCAPE SETBACKS
STANDARD
FEATURE BUILDING PARKING LANDSCAPE& WALL
1. Detached SFR
a) Major/Special Blvd. 45 ft. 18 ft. 20 ft. avg, 18 ft min.
b) Secondary/Collector 35 ft. 15 ft. 18 ft. avg, 15 ft min.
2. Attached SFR and MFR
a) Major/Special Blvd. 45 ft.e 30 ft. 45 ft. avg, 30 ft mime
b) Secondary/Collector 35 ft.e 25 ft. 35 ft. avg, 25 ft mime
Notes:
a. Setbacks contained in Table 17.08.040-D shall be measured from face of the
ultimate curb location.
b. On existing lots of record, parcels less than 175 feet in depth, need not
provide a setback or landscaping greater than 20% of the depth of the
property (excluding right-of-way area).
e. Add 10 feet within M, MH and H Residential Districts.
E. Front Yard Landscaping. Where required, in Table 17.08.040-C front yard
landscaping shall include, at a minimum, one 15-gallon size tree, one 5-gallon size
tree, seeded ground cover, and a permanent irrigation system to be installed by
the developer prior to occupancy. This requirement shall be in addition to
required street trees.
-78-
Section 17.08.050
F. Landscaping. Trees perform many essential functions for the community: beauty,
shading, wind protection, screening, noise buffering and air filtering. Plant
material should be selected to achieve these purposes, while toleraat to factors
such as wind, heat and low water. All trees used must be consistent with adopted
tree palette pursuant to the General Plan.
The following table, Table 17.08.040-F, sets forth minimum standards for the
number and size of trees, both on- and off-site, as required in Tables 17.08.040-B
and C; however, does not apply to single family detached or duplex dwellings.
TABLE 17.08.840-F LAND~CAP~ ~rANDAItI~
DISTRICT
FEATURE LM M MH H
1. # trees/gross acre 40 50 60 70
2. % box trees 10 20 30 30
3. % 15-gallon trees 80 70 60 70
4. % 5 -gallon trees 10 10 10 0
G. Recreation Area/Facility. Where required, in Table 17.08.040-C developer shall
provide recreational amenities in conjunction with common open space, such as,
but not limited to, swimming pools and spas. court faeilitias (e.g. tennis,
basketball, volleyball), etc. In addition, encl(~ed tot lot facilities with play
equipment, and large open lawn areas are required. Ail recreation areas or
facilities required by this section shall be maintained by private homeowner's
associations or private assessment districts.
H. Energy Conservation. Where required, in Table 17.08.040C this Section sets forth
requirements for energy conservation features.
1. New residential development shall be provided with an alternative energy
system to provide domestic hot water for all dwelling units and for heating
any swimming pool or spa. Solar energy shall be the primary energy system
unless other alternative energy systems are demonstrated to be of equivalent
capacity and efficiency
2. All appliances and fixtures shall be energy conserving (e.g., reduced
consumption shower heads, water conserving toilets, etc).
Se~tioa 17.08.050 Absolute Poli~ies
The Absolute Policies are intended to address the most critical issues associated with
residential development. These include assuring neighborho(xt compatibility,
compliance with adopted plans, adequacy of public facilities and services, and
protection of the environment and publie health. Each project must satisfy all absolute
policies before approval can be granted. These policies are used in evaluation of a
residential project as described in Section 17.06.030 of this Title.
A. Plans & Policies
1. The Project is consistent with the adopted General Plan, Land Use Plan,
Development Code, and all applicable Specific Plans.
2. The Project is consistent with the adopted Master Plan of Trails.
-79-
Section 17.08.050
3. The Project is consistent with the adopted Parks and Recreation Plan.
4. The Project is consistent with the adopted Circulation Plan.
B. Neighborhood Compatibility
l. The Project is compatible with and sensitive to the immediate environment
of the site and neighborhood relative to architectural design; scale, bulk and
building height; identity and neighborhood character; building orientation and
setback; grading; and visual integrity.
2. The conflicts that are presumed to exist between the proposed development
and surrounding land uses as described in Table 17.08.050-F pertaining to
"Land Use Conflicts", have been effectively mitigated in the project design.
3. The Project is designed so that the additional traffic generated does not
have significant adverse impact on surrounding development.
C. Public Facilities & Services
1. The Project includes school facilities or adequate school facilities exist
which are or will be capable of accommodating students generated by this
project. Written certification from all affected School Districts is required
within ninety (90) days prior to the final map approval in the ease of the
subdivision map or issuance of permits in the case of all other residential
projects.
2. The Project includes sewer and water facilities or adequate facilities exist
which are or will be available to serve the project. Written certification
from the affected sewer and water district required within ninety (90) days
prior to final map approval in the case of subdivision or issuance of permits
in the ease of all other residential projects. For projects using septic tank
facilities allowable by the Santa Ana Regional Water Control Board and the
City, written certification of acceptability, including all supportive
information, shall be obtained and submitted to the City.
3. The Project includes street improvements and will generate traffic volumes
resulting in a service level equal to or above level D (defined as a 85-95
percent volume to capacity ratio by the DKS traffic study).
4. The Project provides adequate access for emergency vehicles.
5. The Project provides storm drains, master planned drainage facilities or
special drainage facilities necessary to adequately dispose of surface water
runoff or alleviate grading constraints.
6. The Project provides for a Homeowner's Association and/or Maintenance
District to ensure beth on-site and off-site maintenance.
7. The Project conforms to the access control policies of the General Plan
regarding arterials.
8. The Project provides local feeder trials and community trails as required by
the General Plan.
-80-
Section 17.08.050
D. Public Health & Safety.
1. The Project lies within, or partially within, an adopted "Special Studies
Zone"; a geologic report has been submitted which locates the presence or
absence of actual fault traces in accordance with the provisions of the
Alquist-Priolo Act, and special engineering precautions have been taken to
overcome those limitations o~ these areas have been set aside from
development.
2. The Project lies within areas subject to geologic hazards (i.e., slopes greater
than 40%, slope instability, soil erosion, ground failure), as identified in
Figures V-1 and V-3 of the General Plan; an adequate geologic or soils
engineering investigation has been submitted, and special engineering
precautions have been taken to overcome those limitations or these areas
have been set aside from development.
3. The Project lies within areas of Tujunga-Delhi soil association which may
have soil bearing capabilities that could limit development, as identified in
Figure V-2 of the General F n, an adequate soils engineering investigation
has been submitted which indicates the sogls can adequately support the
weight of the structure.
4. The Project is not on public sewers and lies within areas of Friant Esccndido
and Ramona/Arlington soil associations which may not be suitable for c.:.-site
wastewater disposal, as identified in Figure V-2 of the General Plan, an
adequate site s@eeifie investigation has been submitted that demonstrates
the soils are suitable and the disposal of waste water will not degrade the
subsurface water quality.
5. The Project is located within a flood hazard area, as identified in Figure V-5
of the General Plan, and special construction features have been
incorporated into the design of structures.
6. The Project is located within a fire hazard area, as identified in Figure V-6
of the General Plan; a program for interim fuel management has been
included to reduce the risk of fire, and fire mitigation measures (e.g., fire
resistent building materials, site design which enhances fire access, etc.)
have been incorporated into the project design per the requirements of the
Foothill Fire Protection District.
7. All projects shall be within a seven (7) minute response time from a fire
protection facility. If the project is not within that response time, then
provisions must be made with the Foothill Fire Protection District for
adequate fire protection.
E. Resource Protection
1. The Project contains landforms of eitywide significance (i.e., foothills
defined as having slopes greater than 10%, and Red Hill) and the project has
been designed to minimize alteration of the landform through proper site
planning, clustering, and following natural contours.
2. The Project is located within a major groundwater recharge area, as
identified in Figure IV-2 of the General Plan, and development has been
clustered to promote infiltration and to maintain open space.
-81-
Section 17.08.050
3. The Project contains streamside woodland associations, identified as a
significant natural resource in Figure IV-2 of the General Plan, and site
investigations have been oompleted, and mitigation measures proposed
(including clustering) to mitigate impacts upon riparian community.
4. The Project is located on a site or contains a structure or other feature
which is designated as a historic landmark, and provision has been made for
preservation of said landmark in accordance with the Historic Preservation
Ordinance.
5. The Project site is designated by the General Plan as Hillside Residential,
and environmental studies have been conducted to determine land holding
capacity and site development constraints, and the proposed density is no
greater than two units per net buildable acre.
6. The Project site is designated by the General Plan as Open Space, and
development has been concentrated to preserve open space, and the proposed
density is no greater than an average density of one unit per 40 acres.
?. The Project promotes energy efficiency through the use of energy efficient
building design (e.g., south facing windows, enar~ conserving building
materials and appliances, etc.) and site planning (e.g., east-west aligned
units, landscaping for solar access, etc.).
F. Land Use Conflicts
The matrix in Table 17.08.090-F indicates the conflicts that are presumed to exist
between land uses. The types of mitigation measures listed in the following sections
are the design tools that should be employed either separately or in combination to
mitigate existing or potential land use conflicts. The Absolute Polieias require that
such conflicts be effectively mitigated in the project design.
1. Land Use Conflict Mitigation Measures
(a) Open Space Setbacks. By providing an open space buffer between
conflicting land uses conflicts can often be avoided. The width of the
buffer required will depend on the severity of conflict and the extent
of landscaping. To work effectively, the ownership, use, and
maintenance of the open space buffer must be clearly defined.
(b) Landscaping and Topographic Changes. As part of an open space
buffer or as a treatment of land immediately adjacent to buildings,
landscaping can be used to reduce conflicts.
(c) Dense plantings of ever~recns can provide a visual buffer.
(1) Sensitive landscaping can soften the sharp visual contrast
between two abutting land uses by subduing the differences in
architecture and bulk and by providing a gradual transition
rather than a harsh edge between uses.
(2) Dense growth of plant~ can be visually appealing but also can
be used to discourage unwanted and unsafe pedestrian or
bicycle access between land uses.
-82-
Section 17.08.050
(3) Landscaping can be used in combination with other mitigation
measures, such as reducing the width of open space buffer
required and soften the visual conflict created by safety and
security fences.
(4) Reeontouring of the land can alter views, subdue sounds,
reduce glare, change the sense of proximity, ~and channel
pedestrian travel.
(d) Orientation. The strict spatial proximity between land uses and the
apparent or functional proximity can be very different depending on
the orientation of buildings and activities in the two land uses.
(1) The buildings themselves can cause a buffer to be created by
effectively turning their backs on each other -- orienting
views, access and principal activities away from the other land
use. Care must be taken, however, that a hazardous and
unaesthetic "no-mans" land is not created in the process.
(2) Alternately, the intervening space can be eliminated
altogether if the two buildings share a common back wall.
(3) An entire site plan can be oriented so that the activities and
funetioP,~ are aligned hierarchically -- placing those least
compatible furthest from the common boundary between land
uses and those most compatible near that boundary (i.e., single
story adjacent to single story).
(e) Barriers and Alleviation. It may be appropriate and necessary to use
physical barriers to prevent the undesirable attributes of one land use
from affecting tbe people and activities in the adjacent land use.
(1) Fences, walls and berms can prevent the passage of people into
areas that would be unsafe or insecure.
(2) Light and noise can also be mitigated through physical barriers
such as fencos, walls, berms, screens and landscaping.
(f) Architectural Compatibility. In addition to the architectural
considerations involved in mitigation through orientation, the
architectural design of buildings can reduce conflict and promote
compatibility.
(I) Materials, colors, scale, and prominence of buildings in
adjacent land uses can be coordinated so there is a gradual
transition from one land use to another rather than a sharp and
displeasing contrast. Purely aesthetic details that are "tacked"
onto a building to cover up land use conflicts, however, will
cause more harm than good.
(2) The architectural compatibility should rise from a total
consideration of the function of each land use and the function
of the space between them.
-83-
Section 17.08.050
(g) Circulation. Streets and parking areas can often serve to reduce
certain types of land use eonfUets. Separation of eonfUeting uses
with a street or parking area can provide a buffer.
TABLE 17.08.090-F -LAND U~E CONFLICTS
.............Lond Use Conf cts
..~-" ~'"' "'". o_ivies Of Conflicts
°' "~'~' > ~ ,_L/x_ norse, odor, light,
Land Uses ~ ~ ~ ~ ~ ~
~ ~ ~ oestnetics
Act,ye ~r~tlon f~ ~
Ees,denhal ~~ ~ ~ ~~
LOw Dens,ty~-- ~ a O ~ ~~- ~t,/
M~erate '~ ~ ~
High Dens~ty : ~ ~
D --
Office/Buaness ~¢ u/ ~
~ E
0 o
Commercial O
Ra~troad ~ _~-
Parking LOtS ~
~lrocrt ana ~ ~
C°"ectcrStreet ~~~~ ~
Artenol Street ~
-84-
Section 17.08.060
~eeti~ 17.0~.060 ~ Development Criteria
The special development criteria set forth in this section are intended to provide
minimum standards for accessory structures, fences, etc.
A. Accessory Structures and Additions
1. Accessory structures which require a building permit (including enclosed and
unenclosed patios, barns, cabanas, guest houses, second dwell/ng units,
garages, CarDorts and stoea~e buildings), and additions to the main dwelling,
may be located in a required interior side yard oe rear yard, except as
required in Tables 17.08.040-B and C, subject to the following limitations.
(a) Hei[~ht. A height 1/mit of 16 feet shall apply within the required yard
area. Two-stoey additions may encroach a maximum of 5 feet into
the required rear yard if the City Planner determines that the
encroachment is necessary foe a continuation and ex-tension of the
architectural design, style, and function of the structure.
(b) Coverage. A maximum 30 percent building coverage shall apply
within any required yard area.
(e) [{ear yard setback. Accessory structures or additions, except 2-story
structures~ may be located 5 feet from the rear property l/ne,
excluding cave overhang. Double frontage lots (th~ongh lots) adjacent
to major and secondary arterials may not be placed 5 feet from the
rear proDerty, but rather must meet the minimum rear yard setback
of the base district.
-85-
Section 17.08.060
(d) Interior side ~ard setbaek. The minimum side yard setback of the
base district or that of the existing building shall apply, which ever is
less, except accessory structures or additions may be located a
minimum setback of 5 feet from the side property line only within the
rear yard area, excluding eave overhang. Unenclosed patios attached
to the main building shall be located at least 5 feet from the side
property line only within the rear yard area, exeludin~ eave overhang.
(e) Front ~,ard and corner side },ard. I~o aeeassory structure or addition
shall occupy any portion of a required front yard or corner side yard.
B. Patio enclosures. Where required in Tables 17.08.040-B and C, private open spare
shall maintain a minimum dimension of 12 feet for ground floor units, and $ feet
for upper story units.
C. Projections into Yards
1. Eaves, roof projections, awnings, and similar arehiteeturai features may
project into required yards a maximum distance of 3 feet, provided such
appendages are supported only at, or behind, the building setback line.
2. Fireplace chimneys, bay windows, balconies, fire escapes, exterior stairs and
landings and similar architectural features may project into required yards a
maximum distance of 2 feet, provided such '.'eatures shall be at least 3 feet
from a property llne.
3. Decks, platforms, uncovered porches and landing places which do not exceed
a height of 48 inches above grade, may project into any front or corner side
yard a maximum distance of 6 feet, and project into any rear or interior side
yard up to the property line.
D. Projections Above Heii~ht Limits. Flues, chimneys, elevators, or other mechanical
equipment, television antennas, spires or belltowe~s, or similar architectural,
utility, or mechanical features, may not exceed the height Limits in Tables
17.08.040-B and C more than 15 feet, except as provided for in Section
17.D8.060-I, Antennas.
E. Equestrian Trails. All new residential development within the Equestrian/Rural
area designated by the General Plan~ shall require total feeder trail easements for
equestrian purposes, to provide access to the rear of all tots. All non-residentiai
devetopmant within the Equestrian/Rural area, shall require local feeder trail
easements for equestrian purposes, where it is determined by the Planning
Commiss/on that such trail connections are necessary to Link residential areas
with the trail system. The unobstructed access and use of said easements shall be
enforced by property owner through private deed restrictions. Community Trail.,
and ttegional Trails shall also be provided where required by the adopted Master
Plan of Trails. Trails shall be desi~"ned per City adopted Equestrian Trail
Guidelines".
-86-
Section 17.08.060
F. Sidewalks. All new residential development shall require sidewalks as follows:
1. Within the Rural/Equestrian Area, as identified in Figure 1TI-7 of the General
Plan, sidewalks shall be requited per city standards on one side of the
following streets; Banyan, Hillside, Wilson, Haven, Hermosa, Archibald,
Amethyst, Beryl, Carnelian, Sapphire, Turquoise, Etiwanda, East, Highland,
24th, Summit Avenues, and any other streets that may be added that are of
the same classification as the aforementioned. For streets interior to the
previously mentioned streets, sidewalks will be required on one side of the
street on routes to school as determined by the City Planner and City
Engineer with the approval by the Planning Commission.
2. All other residential areas shall require sidewalks on both sides of the street
per City Standards, except for areas where a Planned Community, Etiwanda
Specific Plan or other specific plans have established specific standards.
G. Solar Access. This section sets forth provisions for solar access. The provisions
of this section shall apply equally to all residential districts.
1. All new residential development projects, except condominium conversions,
shall provide for future passive or natural heating or cooling opportunities
(e.g., lot size and configuration permitting orientation of a structure in an
east-west alignment for southern exposure ot lot size and configuration
permitting orientation of a structure to take advantage of shade or
prevailing breezes).
(a) Consideration shall be given to local climate, to contour, to lot
configuration and to other design and improvement requirements.
-8?-
Section 17.08.060
(b) Consideration shall be given to provide the long axis of the majority
of individual lots shall be within 22.5 degrees east or west of true
south for adequate exposure for solar energy systems.
2. No person shad allow a tree or shrub to be placed or grown so as to east a
shadow greater than 10 percent of the collector absorption area upon that
solar .~llector surface on the property of another at any one time between
the ~ -s of 10 a.m. and 2 p.m., provided that this section shad not apply to
specific trees and shrubs which at the time of installation of a solar
eoDeetor or during the remainder of that annual solar cycle cast a shadow
upon that solar collector.
3. The location of a solar collector is required to comply with the local building
and setback regulations, and to be set back not less than five feet from the
property line.
4. Developers of all new residential subdivisions shall dedicate easements for
the purpose of assuring that each lot or dwelling unit shall have the right to
receive sunlight across adjacent lots or units for use of a solar energy
system. The easements may be contained in a declaration of restrictions for
the subdivision which shall be recorded concurrently with recordation of the
final map or issuance of permits, whichever shall first occur. The easements
shall prohibit the casting of shadows by vegetation, structures, fixture or any
other object, except for utility wires and similar objects, pursuant to Section
17.08.060-G-2.
H. Variable Front Yard Provisions. Front setbacks required by the base district in
Tables 17.080.040-B and C shall be averaged on the interior lots within a single
family detached or duplex subdivision.
-88-
Seetion 17.08.060
I. Antennas. The installation of one (1) antenna which exceeds the maximum height
of the base district shall be permitted subject to the following limitations:
1. Operation. Any operation of citizens band or other radio transmitting
equipment, excluding public service, public safety, or emergency radio
services, shall be subject to the Performance Standards of this Chapter (See
Section 17.08.080).
2. Hei[{ht. The antenna shall not exceed 50 feet in height, fully extended when
in use and no higher than 35 feet when not in use (unextended) as measured
from ground level.
3. Setback. The antenna shad not occupy any portion of a yard required in
Tables 17.08.040-B and C except as follows:
(a) A guy wire and anchor point may be no closer than 3 feet from a side
or rear line.
(b) A guy wire and anehore point may extend to the side or rear line
adjacent to a dedicated alley.
4. Satellite dish antennas
(a) Dishes no greater than 1 meter in diameter may be roof mounted.
(b) Dishes greater than I meter in diameter shad be ground mounted and
screened from public view on all sides with a combination of wads,
landscaping or buildings.
J. Fenees~ Walls~ and Hedges. The following provisions regarding fences shad apply
to all residential districts.
1. Fences, wE.Is, hedges or similar view obstructing structures or plant growth
that reduce visibility and the safe ingress and egress of vehicles or
pedestrians, shall not exceed a height of 3 feet in any required front yard.
2. Fences or walls, not exceeding 6 feet in height, may be located in a required
corner side yard, rear or side yard.
3. A combination of solid and open fences (e.g. wrought iron, chain link) not
exceeding 6 feet in height may be located in a required front yard, corner
side yard or visibility clearance area, provided such fences are constructed
with at least 90 percent of the top 3 feet of their vertical surface open, and
non-view obscuring.
-89-
Section 17.08.060
4. A visibility clearance area shall be required on corner lots in which nothing
shall be erected, placed, planted or allowed to grow exceeding 3 feet in
height. Such area shall consist of a triangular area bounded by the street
right-of-way lines of such corner lots and a line joining points along said
street lines 20 feet from the point of intersection.
5. Outdoor recreation court fences not exceeding 12 feet in height shall be
located 5 feet from any rear or side property lines, except when adjacent to
outdoor recreation courts on adjacent properties.
K. Swimmin~ Pools and Recreational Courts
1. Swimming pools, tennis courts, basketball courts, or similar paved outdoor
recreational courts shall not be located in any required front yard, and shall
be located no clo~er than 5 feet from any rear, side or corner side property
line.
2. Outdoor lighting poles and fixtures are permitted not to exceed 12 feet in
height. Any such lighting shall be designed to project light downward and
shall not create glare on adjacent properties.
L. Mobile Home Parks: This section sets forth requirements for mobile home park
development. Except as provided herein above, all other development standards
contained in Tables 17.08.040-B and C shall apply.
1. There shall be no minimum side area for a mobile home park.
2. There shall be no minimum area, width, or depth requirement for individual
lots or spaces.
3. There shall be no minimum yard requirement for individual lots or spaces.
4. There shall be no minimum size for individual mobile home units.
5. The minimum street yard setback on public streets shall be in conformance
with Table 17.08.040-D Streetscape Setbacks.
6. Existing mobile home parks and pre-existing mobile home parks shall not be
deemed nonconforming by reason of failure to meet the minimum
requirements prescribed in this section, provided that the regulations of this
section shall apply to the enlargement or expansion of a mobile home park.
Section 17.08.070
Section 17.08.070 ~enerel Provisi~s
A. ~. ~ a~ residenti~ dis~i~, ~g~ s~ be s~jeet to the pro~sions of Title
14 of the R~eho Cueamon~a M~ieip~ Code.
B. Pm~rty Mainten~ee. A~ buildi~, struet~es, y~ds ~d other imptovements
sh~ ~ m~ntain~ f~ a ma~et which do~ not detract from the appellee of
the immolate neighborh~d. The foHowi~ ~nditions ~e prohibited.
1. De~pidated, deteriora~ng, or ~tepaired structures, such as: fences, roofs,
doors, w~s, ~d windows.
2. Scrap lumber~ j~k~ tt~h or debt~.
3. Ab~don~, dis~rded or ~ed objee~ ~ equipment, such ~ automobile,
automobile p~, furniture, stoves, refrigerator, ea~, eontaine~, oe
simil~ items.
4. Sta~t water or excavations, including ~h or s~.
5. ~y de~ee, decoration, desi~, struetu~ or vegetation which ~ unsightly by
re~n of i~ ~ight, condition, or i~ i~ropriate l~ati~.
C. Vehicle Parking. T~ p~kin& of vehiel~ in a~ tesidenti~ disttie~ shah be
subj~t to the p~si~ in C~ptet 17.12 and the M~ieipaI C~e.
D. Vehicle and Eq~pment Repair ~d Sto~aKe. T~ fo~owing provisio~ shah apply to
~y vehicle, motor vehicle, eam~, camper ~a~er, ~er, ~mounted eampe~,
tra~et coach, motorcycle, ~at ot ~m~ eonvey~ee in aH residential district,
~d to ~ sites in ~y other d~ttiet ~ed fo~ cesidentiE ~eup~ey:
1. Set,ring, te~iei~, ~emb~ng, dis~mb~ng, wrecking, modif~ng,
restoei~, or othetw~e wotki~ on ~y of the a~ve eonvey~ees s~H be
prohibited u~e~ conducted within a garage or aeee~ocy building, or in ~
~ea screened lmm ~ew f~m the street ~d adjoini~ lots by a l~aHy
loeat~ fence, w~l, oe equivEent screening.
2. Sto~i~ plaei~ o~ p~ki~ ~y of the a~ve ~nveyanees, ~ ~y ~rt
thereof, which ~ disable, un~ee~ed, unregistered, inoperative, or from
which ~ e~enti~ ~ l~aHy required o~ati~ p~t is removed, s~H be
prohibit~ ~le~ eonduet~ with a g~age ~ aeee~oty building, or in ~
~ea screened f~m ~ew f~m the street ~d adjoining lots by a legacy
located fence, w~, ot equiv~ent screening.
3. Notwit~t~di~ the peovisio~ of p~taphs 1 and ~ above, emergency o~
minor cepE~ and short-term ot tempot~y p~king of ~y of the a~ve
~nvey~ees when owned by a ~cson tesidi~ on the lot, may be conducted
for ~ ~egate pe~i~ of up to 24 hou~ in ~y eontinuo~ peri~ of 48
hou~ exel~ive of ~e s~eeni~ cequirements.
4. For the p~po~ of th~ section, tefetene~ to typ~ of eonvey~e~ sha~
have the same meani~ ~ ~fined in the Vehicle C~e of the State of
C~ifornia, where such definitio~ are available.
-91-
Section 17.08.080
Seetiofl 17.08.080 Performance Standards
A. Intent. The intent of this section is to protect properties in alt residential
districts and the health and safety of persons from environmental nuisances and
hazards and to provide a pleasing environment in keeping with the nature of the
residential character. The performance standards set maximum tolerability limits
on adverse environmental effects created by any use or development of rand.
B. Administration and Measurement. The standards of this section shall be enforced
by the City Planner. Upon discovery of any apparent violation of these standards,
the City Planner shall investigate using such instruments as may be necessary. If
a violation is found to exist, the violation shall be abated as a nuisance as
prescribed in the Municipal Code.
C. Exemptions. The followin~ sources of nuisances are exempt from the provisions of
this section.
1. Emergency equipment, vehicles and devices.
2. Temporary construction, maintenance, or demolition activities between the
hours of 6:30 a.m. and 8:00 p.m., except Sundays and National holidays.
D. Noise. No operation or activity shall cause any source of sound at any location or
~ the creation of noise on property owned, leased, occupied, or otherwise
controlled by such person, which causes the Ambient Base noise levels to exceed
the following standards, and as contained in Seetion 17.02.120.
TABLE 17.08.080-D RESIDENTIAL NOISE STANDARDS
LOCATION MAXIMUM ALLOWABLE
OF MEASUREMENT 10 p.m, to 7 a.m. 7 a.m. to 10 p.m.
1. Exterior 55dBA 60dBA
2. Interior 40dBA 45dBA
Notes:
(a) It shall be unlawful for any person at any location within the city to
create any noise or to allow the creation of any noise which causes
the noise level when measured within any other fully enclosed
(windows and doom shut) residential dwelling unit to exceed the
Interior Noise Standard in the manner described herein.
(b) If the intruding noise source is continuous and cannot reasonably be
discontinued or stopped for a time period whereby the ambient noise
level can be determined, the same procedures specified in Section
17.02.120 shall be deemed proper to enforce the provisions of this
Section.
(e) Each of the noise limits above shall be reduced 5dBA for noise
consisting of impulse or simple tone noise.
-92-
Section 17.08.080
3. S[~eci~l Noise Provisions
(a) Peddlers - Use of Loud Noise~ etc.r to Advertise Goods~ etc.
peddler or mobile vendor or any person in their behalf shall shout, cry
out, oe use any device or instrument to make sounds fo~ the purpose
of advertising in such a manner as to create a noise disturbance.
(b) Animal Noises. No person owning or having the charge, care, custody,
or control of any dog, or other animal or fowl shall allow or permit
the same to habitually howl~ bark, yelp or make other noises, in such a
manner as to create a noise disturbance.
(c) Radios~ Television Sets~ Musical instruments and Similar Devices. No
person shall operate or permit the operation or playing of any device
which reproduces, produces ot amplifies sound: such as a radio,
musical instrument, phonograph, or sound amplifier, in such a manner
as to create a noise disturbance as listed in Table 17.08.080-D:
(1) Across any rea2 property boundary or within Noise Zone I,
between the hours of 10 p.m. end ? a.m. on the following day
(except for activities for which a Temporary Use Permit is
needed as prescribed in Section 2.?.
(2) At 50 feet (15 meters) from any such device, if operated on or
over any public right-of-way.
E. Vibration.. No vibration shall be permitted which can be felt with or without the
aid of instruments at oe beyond the tot line.
F. Heat or Cold. No operation o~ activity shall emit heat or cold which would cause
a temperature increase o~ decrease on any adjacent property in excess of 10
degrees Fahrenheit, whether the change is in the air, on the ground, or in any
structure.
G. Glare. No operation, activity, sign, or lighting fixture shall create illumination
which exceeds 5 footcandles on any adjacent property, whether the illumination is
direct or indirect light from the source. Glare levels shall be measured with a
photoelectric photometer following standard spectral luminous efficiency curve
adopted by the International Commission on Illumination.
H. Odors. No operation or activity shall be permitted of odorous gases or other
odorous matter in such quantities as to be dangerous, injurious, noxious
otherwise objectionable which is detectable with or without the aid of instruments
at or beyond the lot line.
I. Electrical or Electronic Disturbances. No operation or activity shall cause any
source of electrical or electronic disturbance that adversely affects persons or the
operation of any equipment on any other tot and is not in conformance with the
regulations of the Federal Communication Commission.
-93-
Section [?.08.090
J. Air (~uality. No operation or activity shall cause the emission of any smoke, fly
ash, dust, fumes, vapors, gases or other forms of air pollution which can cause
damage to health, animals, vegetation, or other forms of property, or which can
cause excessive soillng on any other lot. No emission shall be permitted which
exceeds the requirements of the South Coast Air quality Management District or
the requirements of any Air quality Plan adopted by the City of Rancho
Cueamonga.
K. Fire and Explosion Hazards. An operation or activity involving the storage of
flammable or explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion and adequate fire-fighting and fire
suppression equipment and devices in accordance with the requirements of the
Foothill Fire District Uniform Building Code, and Unifoem Fire Code. Burning of
waste materials in open fire is prohibited at any point.
L. Fissionable or Radioactive Materials. No operation or activities shall be
permitted which result at any time in the release or emission of any fissionable or
radioactive materials into the atmosphere, the ground, or sewerage systems.
M. Liquid or Solid Waste. No operation or action shall discharge at any point into any
public street, publle sewer, private sewage disposal system, stream, body of water
or into the ground, of any materials of such nature or temperature as can
contaminate any water supply, interfere with bacterial processes in sewage
treatment, or otherwise cause the emission of dangerous or offensive elements,
except in accord with standards approved by the California Department of Public
Health or such othee governmental agency as shall have jurisdiction.
Section 17.08.090 Genet'ad. D~d~ GuideUnes
A. Intent. The intent of the guideUnes is to assist the developer in understanding and
complying with the City's standards for building and site design. The guidelines
are based upon community design, goals as expressed in the General Plan, and
encourage the orderly and harmonious appearance of structures and property along
with associated facilities, such as signs, landscaping, parking areas, and streets.
The guidelines establish a high standard for design quality but are flexible enough
to allow individual expression and imaginative solutions.
B. Applicability. The provisions of this section shall apply to all development within
all residential distriets, unless otherwise specified herein. Any addition,
remodeling, relocation or construction requiring a building permit within any
residential district subject to Development/Design Review pursuant to Chapter
17.06 shall adhere to these guidelines where applicable.
C. Site Plan Design
1. Existin~ Site Conditions. Natural features should be used to an advantage as
design elements; such as, mature vegetation, landforms, drainage courses,
rock outcroppings and views. Conversely, undesirable site features can be
minimized through proper site planning and building orientation.
-94-
Section i?.08.090
2. Building Orientation. Placement of the buildings shall be done in a manner
compatible with surrounding existing and plarmed uses and buildings. The
setback from streets and adjacent properties should relate to the scale of
the p~oposed building. Larger buildings require more setback area for a
balance of scale and compatibility with adjacent uses. Buildings should be
oriented along a north-south axis, as much as possible, to encourage energy
conservation.
3. Access/Circulation. The aeeess and circulation should be designed to
provide a safe and efficient system for vehicles and pedestrians. Points of
access shaU comply with city access regulations and shall not conflict with
other planned or exisUng access points. Two points of access shall be
provided for all but the smallest residential developments. The circulation
system should be designed to reduce conflicts between vehicular and
pedestrian traffic, minimize impacts on adjacent properties, combine access
where possible, and provide adequate maneuvering areas. CurviUnear streets
are encouraged whenever possible. Vehicular and pedestrian traffic shall be
· separated, to the extent possible, through the use of a continuous system of
pubUe and private sidewalks.
4. Parkin~ Areas. Parking areas should be designed to minimize visual
disruption of the overall project design. Parking areas should be screened
from streets through combinations of mounding, landscaping, low profile
walls and grade separations. The design of parking areas should also
minimize auto noise, glare, and increases in ambient air temperature. This
can be accomplished through sound wails, soreening with fences or hedges,
trees, and separation of parking spaces and driveways from residences.
5. Landscaping/Open Space. Landscaping and open spaces should be designed as
an integral part of project design and enhance the building design, enhance
public views and spaces and provide buffers and transitions where needed.
Landscaping should provide for solar aeeess and shade to facilitate energy
conservation.
6. Fenein[~/Sereenin[~. Fences and walls are discouraged unless needed for a
specific screening or safety purpose. Where they are needed, color, material
and variation of the vertical and horizontal planes are needed to blend with
the site and building design. The use of any fencing or walls should be
consistent with the overall design theme.
7. Lighting. Adequate on-site lighting should be provided to ensure a safe
environment while at the same time not cause areas of intense light or
glare. Fixtures and poles shall be designed and placed in a manner consistent
and compatible with the overall site and building design character.
8. UtiUties and AneiUary EquiDment. On-site utiUties and equipment shall be
located in inconspicuous areas, away from pubUe view. Where they are
located in publie view, they shaU be screened with a combination of material
that best suits the overall design theme.
9. Gr.a.din. g. Development should relate to the natural surroundings and
minimize grading by foUowing the natural contours as much as possible.
Graded slopes should be rounded and contoured to blend with the existing
terrain. Split-level pads, built-up foundations, stepped footings, ere., can be
used in areas of moderate to steep gradient.
-95-
Section 17.08.090
10. Fire Safety. Development should be designed in accordance with Fire
District requirements for two points of safe and ready access. Areas
designated as high fire hazard areas should minimize fuel buildup around
residences through greenbelts or cultivated fuel breaks.
D. Building Design
Desitin Theme. A recognizable design theme shall be established which is
compatible with surrounding planned or existing developments and should be
based upon prominent design features in the immediate area (e.g., trees,
landforms, historic landmarks). Subtle variations are encouraged which
provide visual interest but do not create abrupt changes causing discord in
the overall character of the immediate neighborhood. It is not intended that
one style of architecture should be dominant but that individual structures
shall create and enhance a high quality and harmonious community
appearance.
2. Architecture. The architecture should consider compatibility with
surrounding character, including harmonious building st,de, form, size, color,
material and roof line. Individual dwelling units shoed be distinguishable
from one another and have separate entrances. Shadow patterns created by
architectural elements such as overhangs, projection or recession of stories,
balconies, reveals, and awnings contribute to a building's character while
aiding in climate control. Further, changes in the roof level or planes
provide architectural interest.
3. Scale. The mass and scale of the building should be proportionate to the
site, open spaces, street locations and surrounding developments. Setbacks
and overall heights should provide an element of openness and human scale.
4. Materials and Colors. Colors, textures and materials shall be coordinated to
achieve total compatibility of design. They should blend well with the
environment and not cause abrupt changes.
5. Signing. Every building shall be designed with a precise concept for
adequate signing. Provisions for sign placement; sign scale in relationship
with building and readability shall be considered in developing the signing
concept. While providing the most effective signing, it shall also be highly
compatible with the building and site design relative to color, material and
placement.
6. Equipment Screening. Any equipment, whether on the roof, side of building,
or ground, shall be screened. The method of screening shall be
architecturally compatible in terms of material, color, shape, and size. The
screening design shall blend with the building design. Where individual
equipment is provided, a continuous screen is desirable.
-96-
Sections 17.10.010 & 17.10.020
CHAPTER 17.10
COMM]iRCIAL/OPFICE DISTRICT~
~eefia~ 1T.IO.OIO Purples and General Plan C,~m~L~ten~
A. The following objectives have been formulated for the commercial and office
districts for the implementation of the General Plan goals and obiectives.
1. Provide appropriately located areas for office uses, retail stores and service
establishments to meet the needs of the community.
2. Promote and encourage office and commercial locations and designs to be
conveniently accessible by bicycle and foot, as well as by automobile.
3. Promote and encourage office and commercial uses to be designed in centers
or like groups for the convenience of the public and to avoid creating
nuisances among adjacent land uses.
4. Use and promote open spaces and landscaping to create a visually pleasing
environment, as well as to distinguish city and neighborhood boundaries.
5. Intensified or regional-related commercial uses shall be organized and
designed to promote maximum opportunity for transit usage.
6. It is intended that commercial/office uses and developments will promote
social interaction and minimize adverse environmental impacts and resource
consumption.
7. Commercial and office developments shall exhibit the highest standards of
site planning, architecture and landscape design.
Sectia~ 17.10.0~0 ~omme~eial Office Districts
These districts have been created for implementation of the goals, objectives and land
use designations of the General Plan.
A. Offiee/Profemi~al District (OP): This district is intended primarily for the
development of professional/administrative offices and personal services rather
than commodities. Site development regulations and performance standards are
designed to make such uses relatively compatible with residential uses.
B. Neighborhood Comm~'eial District (NC):. This district is intended to provide areas
for immediate day-to-day convenience shopping and services for the residents of
the immediate neighborhood. Site development regulations and performance
standards are intended to make such uses compatible to and harmonious with the
character of surrounding residential or less intense land use area.
-97-
Section 17.10.030
C. Oem~M Commercial District (GC): This district is intended for general
commercial activities and services of a more intensive nature. These uses would
be located primarily along major transportation routes and would include major
shopping facilities, major service-oriented uses, major financial and corporate
headquarters which are designed to serve the City or the region as a whole.
Sootion 17.10.030 Use Regulatiom
Uses listed in Table 17.10.030 shall be allowable in one or more of the commercial
districts as indicated in the columns beneath each commercial district. Where indicated
with the letter "P", the use shall be a permitted use in that district. Where indicated
with the letter "C", the use shall be a conditional use subject to the Conditional Use
Permit process. In the event there is difficulty in categorizing a given use in one of the
districts, the procedure outlined in Section 17.02.040 shall be followed.
TABLE 17.10.030 U~E RAiGULATION8 FOR COMMRRCL~OFFICE DISTRICT'3
U~B OP NC GC
A. Offices and Related Uses
1. Administrative and executive offices. P P P
2. Artist and photographic studios, not P P P
including the sale of equipment or
supplies.
3. Clerical and professional offices. P P P
4. Financial services and institutions. P P P
5. Medical, dental and related health P P P
services (non-animal related) including
laboratories and clinics; only the sale of
articles clearly incidental to the services
provided shall be permitted.
6. Prescription pharmacies, (aLso when P P P
located within a building containing the
offices of 5 or more medical practitioners)
7. Public buildings (library, city and county P P P
buildings, special districts and post
office).
8. Public utility service offices. P P P
9. Public safety facility (police, fire, C C C
ambulance and paramedics).
-98-
Section 17.10.030
U~E OP NC GC
10. Related commercial uses (blueprinting, P P P
stationary, quick copy, etc.) when
incidental to an office building or
complex.
B. General Commercial Uses
1. Antique shops P P
2. Adult business (see special requirements - C
per Section 17.10.030)
3. Animal Care Facility (animal hospital,
veterinarian, oom inertial kennel,
grooming).
(a) Excluding exterior kennel, pens, or C P P
run~.
(b) Including exterior kennel, pens, or - - C
FurlS.
4. Apparel stores. - P P
5. Art, music and photographic studios and C P P
supply stores.
6. Appliance stores and repair. C P
7. Arcades (see special requirements per - C C
Section 17.10.030 F.)
8. Athletic and Health Club, gyms and P P P
weight reducing clinics.
9.Automotive services (including
motorcycles, boats, trailer and camper)
(a) sales C - C
(b) rentals - - C
(c) repairs (major engine work, muffler - C
shops, painting, body work and
upholstery)
(d) Coin-op washing C C C
(e) Automatic washing C C C
-99-
Section 17.10.030
~li OP NC GC
(f) Service or gasoline dispensing C C P
stations (including minor repair
such as tune-ups, brakes, batteries,
tires, mufflers)
(g) Parts and supplies - P P
10. Bakeries (retail only). P P ~
11. Barber and beauty shops. P P P
12. Bicycle shops. - P P
P P P
13. Blueprint and photocopy services
14. Boat and camper sales and services. - C
15. Book, gift and stationary stores (other C P P
than adult related material).
16. Candy stores and confectionaries. - P P
17. Catering establishments. - - P
18. Cleaning and pressing establishments. C P P
19. Carpenter shop or cabinet shop. - P
20. Cocktail lounge (bar, lounge, tavern)
includ g related entertainment.
(a) Operated independent of a C - C
restaurant
(b) Accessory to a restaurant C C C
21. Commercial recreation facilities.
(a) Indoor uses such as bowling, C C P
theaters, billards,
(b) Outdoor uses such as golf, tennis, C C C
basketball, baseball, trampolines,
etc.
22. Contractor yards (screening of outdoor - - C
storage required).
23. Dairy product stores. P P
-100-
Section 17.10.030
U8]~ OP NC GC
24. Department stores. - P
25. Drive-in businesses, in¢ludin~ theaters. C C
(other than fast food ,estaurants)
26. Drug stores and pharmacies. - P P
27. Equipment rental yards. - - C
28. Fast-food restaurants. C C P
29. Feed/Tack stores - C P
30. Florist shops. P P P
31. Food stores and supermarkets. P P
32. Furniture stores, repair and upholstery. P P
33. General retaLl stores. - P P
34. Hardware stores. - P P
35. Home improvement centers.
(a) Material stored and sold within - P P
enclosed buildings
(b) Outdoor storage of material such as - - C
lumber & building materials
36. Hotels and Motels. C - P
37. Ice Machines (outdoor). C C
38. Janitoral services and supplies. C P P
39. Jewelry stores. - P P
40. Laundry-self-service. - P P
41. Liquor stores. - P P
42. Kiosks for key shops, film drops, etc. in - C C
parking lots.
43. Locksmith shop. P P
44. Mini-storage fo{' public use (no outdoor - C
storage).
-101-
Section 17.10.030
U8]{ OP NC GC
45. Mortuaries and cemeteries. C C C
46. Motorcycle sales and service. - - C
47. Newspaper and magazine stores, printing - C P
and publishing.
48. Nurseries and garden supply stores; - P P
provided, in the NC district, all
equipment, supplies and material are kept
within an enclosed area.
49. Office and business machine stores. C P P
50. Parking facilities (commercial) where fees C - P
are charged.
51. Political or philanthropic headquarters. C C P
52. Pet shop. - p p
53. Plumbing shop and supplies. - - p
54. Photocopy P p p
55. Printing shops. - - p
56. Restaurants (other than fast food).
(a) With entertainment and/or serving C C P
of alcoholic beverages
(b) Incidental serving of beer and wine P P P
but without a cocktail lounge, bar,
entertainment or dancing
57. Recreational Vehicle Storage Yard. C C C
58. Shoe stores, sales and repair. - P p
59. Second-hand stores and pawn shops. - - p
60. Shopping Center subject to provisions in - C C
Section 17.10.030-F.5.
61. Spiritualist readings or astrology - - P
forecasting.
62. Sporting goods stores. - p p
63. Stamp and coin shops. - p p
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Section 17.10.030
USE OP NC GC
64. Swimming pool supplies. - P P
65. Tailor. P P
66. Taxidermists. - P
67. Television, radio sales and service. P P
68. Tire sales and service. - - C
69. Toy stores. - P P
70. Travel agencies. P P P
71. Transportation facilities (train and bus, C C C
taxi depots).
72. Truck and trailer rental, sales and service. - C
73. Variety stores. - P P
74. Vehicular storage yard and towing service. - C
C. Public and semi-DubHe uses
1. Day Care Facilities C C C
2. Convalescent facilities and hospitals. C - C
3. Private and public clubs and lodges, C C C
including YMCA, YWCA and similar youth
group uses.
4. Educational institutions, parochial, private C C C
(including colleges and universities).
5. Libraries & museums, public or private. C C C
6. Parks and recreation facilities, public or C C C
private.
7. Public utility installations. C C C
8. Vocational or business trade schools. C C C
9. Churches, convents, monasteries and other C C C
religious institutions.
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Section 17.10.030
U~I~ OP NC GC
D.Aeeessor~ Uses
1. Aeessory structures and uses customarily P P P
ineidantal to a permitted use and
contained on the same site.
2. Accessory structures and uses customarily C C C
incidental to a conditional use and ~
contained on the same site.
3. Caretakers residence C C P
4. Amusement Devices, per Section - P P
17.10.030-I~.
E. Temporary Uses
1. Temporary uses as prescribed in Section P P P
17.04.070 and subject to those provisions.
2. Temporary office modules, subject to C C C
provisions in Section 17.10.030-F.4.
F. SDeeial Use Re[~ulations
1. Adult Businesses. In consideration of approval of any adult business, as
defined in Chapter 17.02, a Conditional Use Permit shall be approved for an
adult business in the GC District subject to all the standard development
requirements unless:
(a) Such business is located within 1,000 feet of a college or university, a
public or private educational faeility~ a church, a park or recreational
facility, a library, a post offiee~ or a governmental i~titution.
(b) Such business is located less than 1~000 feet of any other adult
business.
(e) Such business is located less than 1,000 feet from any property in a
residential zone or within 1,000 feet of ~ny group of 5 or more
dwellings in any other zone.
2. Amusement Devices. The use of amusement devices, as defined in Chapter
17.02~ as an accessory use to a permitted use, shall be regulated based on the
followin~ criteria.
(a) No more than three (3) devices, but not to exceed five percent (5%) of
the public floor area, may be permitted per business without approval
of a conditional use permit. Each manhine and playing area occupies
a minimum of ten (10) square feet.
-104-
Section 17.10.030
(b) The devices shall not obstruct or crowd entries, exits, or aisles.
(e) Adult supervision is required and the devices must be placed in an
area which is visible to the supervisor at all times.
3. Arcades. In consideration of a request for an arcade, as defined in Chapter
17.02, the following criteria will be considered and application material
requested.
(a) The Commission shall consider, but not be limited to, the need for
adult supervision, hours of operation, proximity to schools and other
community uses, compatibility with the surrounding neighborhood and
businesses, noise attenuation, bicycle facilities, and interior waiting
areas.
(b) The applicant shall submit with his application, three sets of typed
gummed labels, listing the name and address of all businesses within a
shopping center and all landowners within a 300 foot radius of the
shopping center or arcade.
(c) Each application shall contain a description of the types of machines,
a floor plan, and hours of operation.
4. Temporary Office Modules.
(a) A master plan fo~ development of permanent buildings shall be
submitted in conjunction with such request.
(b) The design of the office modules shall have a look of permanence, as
much as practicable. This shall include such things as screening
temporary foundations, screening utility equipment, and using
overhangs, walkways, and stepped roofs to mitigate the temporary
appearance.
(c) The approval of temporary office modules shall require necessary
street improvements, grading, drainage facilities and landscaping.
5. Shopping Centers. To ensure that the goals and policies of the General Plan
are implemented, a Conditional Use Permit shall be required for shopping
centers. In such a review, the following criteria shall be considered:
(a) The transition from more sensitive land uses and buffering methods to
mitigate commercial activities such as loading, lighting, and trash
collection;
(b) The center has been planned as a group of organized uses and
structures;
(c) The center is designed with one theme, with buildings and landscaping
consistent in design (similar architectural style, similar exterior
building materials, and a coordinated landscaping theme);
(d) The center makes provisions for consistent maintenance, reciprocal
access and reciprocal parking;
-105-
Section 17.10.030
(e) Vehicle and pedestrian access is eoordinated and logically linked to
provide a comprehensive circulation system; and
(f) The development or approval of any portion of a center shall require
the development of a conceptual development plan which shall
consider such things as, but not limited to, circulation, uniform
architectural design, drainage/grading, buffers, phased improvements
and landscaping.
G. Condition Of Uses
1. Outdoor displays and sales e; ~nerchandise: All businesses shall be conducted
completely within an enclosed building. The following outdoor sales and
commercial activities may be permitted to operate outdoors, within their
respective districts and subject to any required reviews and permits:
(a) Automobile, boat, trailer, camper, and motorcycle sales and rentals
(subject to a Conditional Use Permit);
(b) Building material, supplies and equipment rental and sales (subject to
a Conditional Use Permit);
(e) Fruit and vegetable stands (requires temporary use permit);
(d) Horticultural nurseries (subject to a Conditional Use Permit);
(e) Gasoline pumps, oil racks, and accessory items when located on pump
islands;
(f) Outdoor display of merchandise as accessory to current on-site
business (subsection G-3 of this Section);
(g) Outdoor recreation uses;
(h) Parking lot and sidewalk sales (subjeet to temporary use permit and
regulations set forth in this chapter); and
(i) Other activities and uses similar to those above as determined by the
City Planner.
2. Parking lot and sidewalk sales: Parking lot and sidewalk sales or a flea
market type of operation may be permitted in the commercial districts
subject to the approval of a Temporary Use Permit as described in Chapter
17.04.070 and the following criteria:
(a) The sale may not exceed three (3) days during any three (3) month
period;
(b) The prospective merchant must obtain written authorization of
property owner.
(c) The activity shall not present a hazard to pedestrians or encroach on
a required building exit;
-106-
Section 17.10.030
(d) Safe vehicle ingress and egress shall be provided at all times; and
(e) Adequate parking ~hall be provided and maintained during the course
of the activity.
3. Outdoor Display of Merchandise Accessory to Current On-site Business: Any
outdoor display must be done in conjunction with the business being
conducted within the building and shall comply with the following
regulations:
(a) The items being displayed shall be of the same type that are lawfully
displayed and sold inside the building on the premises;
(b) The aggregate display area shall not exceed twenty-five percent
(25%) of the linear frontage of the store front or six (6) linear feet,
whichever is greater;
(c) Items shall not project more than four (4) feet from the store front;
(d) No item, or any portion thereof, shall be displayed on public property;
provided, however, items may be displayed within the public
right-of-way if an encroachment permit has first been procured from
the city;
(e) Items shall be displayed only during the hours that the business
conducted inside the building on the premises is open for business;
(f) No item shall be displayed in a manner that: eausos a safety hazard;
obstructs the entrance to any building; interferes with, or impedes the
flow of, pedestrian or vehicle traffic; is unsightly or creates any other
condition that is detrimental to the appearance of the premises or any
surrounding property; or in any other manner is detrimental to the
publie health, safety or we[fare or causes a public nuisance.
H. Abandoned or Converted Service Stations
1. Abandoned Service Stations. Service stations which become vacant or cease
operation beyond one-hundred and eighty (180) days shall be required to
remove all underground storage tanks (or other method acceptable to the
Foothill Fire Protection District), remove all gasoline pumps and pump
islands, and shall remove free-standing canopies. In order to prevent said
action, the owner must supply the City Planner with written verification
prior to the 180th day that an allocation of gas has been received and
operation of the station will commence within thirty (30) days of the date of
written correspondence. If the service station is to resume operation after
the 180 days, then the City Planner shall require the processing and approval
of a development review application to ensure that the facilities will be
reasonably upgraded and maintained. This could include such things as, but
not limited to, replanting existing landscape areas, installing new landscape
areas, painting of structures, upgrading or installing trash enclosure, striping
parking spaces, installation of signs in conformance with adopted sign
provisions in Title 14 of the Rancho Cueamonga Municipal Code, re-
surfacing vehicle access and parking areas, and installation of missing street
improvements.
-107-
Section 17.10.030
2. Converted Service Stations. Buildings and structures which were originally
designed as a gasoline service station and which are proposed to be used for
another use shall be subject to development review or CUP. The conversion
of the facilities to another use may require upgrading and remodeling for
such things as, but not limited to, removal of all gasoline appurtenances,
removal of canopies, removal of pump islands, removal of overhead doors,
additional landscaping, missing street improvements or modification of
existing improvements to conform to access regulations, and exterior
remodeling.
I. Conversion of Residential Structures
No strueture originally designed as a residence (including hotels and motels), or as
an accessory structure or addition to a residence, shall be used for any
commercial or office uses unless the building and site are improved to meet all
code requirements for an office or eommercial development. This includes such
things as but not limited to building code requirements, fire code requirements
and Development Code requirements. Such a conversion shall be subject to the
Development Review or CUP process, as required by the base district use
regulations contained in Table 17.10.030.
-108-
Section 17.10.040
Section 17.10.040 Site Dew_!c-~mmt Criteria
The site development criteria set forth in this section are intended to provide minimum
standards for the development and use of land within the commercial/office districts.
These site development criteria should be used in conjunction with the dasi~n ~tidelines
which are set forth in Section 17.10.060 of this chapter. Use of the design ~uidellnes in
conjunction with these criteria wilt assist the designe~ in determining the best design for
any ~iven development project.
A. Site Dimensions and Hei[~ht Limitations: The following table sets forth the
minimum lot dimensions and height limitations. The creation of new lots within
these zones shall conform to these minimum dimensions, except in the ease of
condominium lots or lots within a shopping center, in which case, no minimums are
established. This exception is only applicable when the sites in question are being
developed as one intet~l'ated development and appropriate measures are taken to
insure reciprocal access, parking and maintenance.
TABLE I?.10.04O-A -SITE DIMENSIONS AND HR[GHT LIMITATIONS
STANDARD
FEATURE OP NC GC
1. Minimum site/lot area(a) 40,000 sq.ft. 5 acres for 40,000 sq.ft.
neighborhood
center
2 acres for
convenience
center
2. Minimum lot width(a) 200 feet 300 feet 200 feet
3. Minimum lot depth(a) 175 feet 300 feet 175 feet
4. Height limitations
a. Within 100 feet of a 25 feet 25 feet 25 feet
residential district
b. Other locations 40 feet(h) 40 feet 40 feet(b)
Notes:
(a) Parcels created within shopping centers are exempt from these standards, as long
as a conceptual development plan for the entire center has been developed and
appropriate easements for reciprocal access, parking and maintenance is provided.
(b) Proposals for development exceeding this height shall require the approval of a
conditional use permit.
-109-
Section 17.10.040
B. Setbacks. The following table, TABLE 17.10.040-B sets forth the minimum
setbacks fo~ buildings and parking facilities, as well as the amount of the setback
to be landsoaped. These provisions apply equally to each of the three commercial
districts.
TABI~ 17.10.04~-~ - ~ETBAC~
STANDARD
YARD BUILDING PARKING LANDSCAPING
1. Street yard setback (measured
from face of the ultimate
curb location)=
a. Major/Special Blvd. 45 feet 30 feet 45 foot average, not less
than 30'
b. Secondary Collector 35 foot average, not less
streets/Local streets 35 feet 25 feet than 25'
2. Rear property line setback:
a. Adjacent to existing or
planned residential
development 20 feet 10 feet 10 feet
b. Adjacent to other existing
or planned commercial or
industrial deveiopment 0 0 0
3. Interior side property line
setb~ ~(:
a. Adjacent to existing or
planned residential
development 20 feet 10 feet 10 feet
b. Adjacent to existing or
planned commercial or
industrial development 5 feet 5 feet $ feet
NOTES:
1. On existing tots of record, parcels less than 175 feet in depth, need not provide a
setback or landeeaping greater than 20% of the depth of the property (excluding
right-of-way area).
-110-
Section 17.10.040
C. LandseaDing~ Maintenance and Screening Standards
1. All setbacks, parkways, and non-work a~eas shall be landscaped. Areas
p~opo~ed for development in another phase shall be temporarily turfed,
seeded~ and irri~ated for dust and soil erosion eontrol~ if said phase will not
be~in construction within six (6) months of completion of previous phase.
2. Within parkin~ lots~ t~ees shall be planted at a rate of one (1) tree fo~ every
3 parking stalls. The trees can be elustared in planters or equally dispersed
tl~'oughout the parking lot. The parking lot tree shall be a species which will
provide a canopy style effect.
3. T~ees shall be planted in areas of public view adjacent to and along
structures, at an equivalent of one (1) tree per 30 linear feet of building
which has public exposure.
4. ALL landseaDed areas shall be served by an approved automatie irrigation
system that provides adequate coverage and irrigation. Efficient, state-of-
the-art irrigation systems shall be used, such as drip systems, for water
conservation.
5. Lanclseape designs shall consider such elements as its function, consistency
with the building, compatibility to the area, mounding~ special features, and
the use of hardseape and drought tolerant plant materials for water
conservation.
6. Property owners are responsible for the continual maintenance of alt
landscaped areas on-site, as well as contiguous planted areas within the
public right-of-way. A11 landseaped areas shall be kept free from weeds and
debris and maintained in a healthy, growing condition, and shall receive
regular' pruning, fartilizing~ mowing and trimming. Any damaged, dead,
diseased et decaying plant material shall be replaced within thirty (30) days
from the date of damage.
-111-
Section 17.10.050
7. The use or combination of berming, landscape materials, low level wails and
buildings, shall be used to screen parking areas, loading areas, trash
enclosures, and utilities from the public view.
8. Walls for the purpose of screening commercial activities from more sensitive
land uses and for sound attenuation shall be required. Height, placement and
desiKn of walls shall be considered as it relates to the surrounding area.
D. Projections into Yards
1. Eaves, roof projections, awnings, and similar architectural features when
located at least 8 feet above grade may project into required yards a
maximum distance of 3 feet, provided that such feature shall be at least 5
feet from a property Line.
2. Fireplace, chimneys, bay windows, balconies, fire escapes, exterior stal~s
and landings, and similar features may project into the required yard a
maximum distance of 2 feet, provided that such features shall not occupy
more than 25 s~uare feet of eaeh required yard, and shall be at least 5 feet
from a property Line.
E. Projections Above Height Limits Flues, chimneys, antennaes, elevator or other
mechanical equipment, spires or belltowers, or similar architectural, utility, or
mechanical features may exceed the height limit by not more than 15 feet,
provided such feature shall not be used for habitable space and appropriate
screening is provided, if necessary.
F. Use of Required Yards
1.Street yards. Except as otherwise permitted, a street yard shall be used only
for landscaping, pedestrian walkways, driveways, or off-street parking.
2. Rear and Interior side yards. Except as otherwise permitted, these yards
shall be used only for landscaping, pedestrian walkways, driveways, off-
street parking or loading, recreational activities or facilities, or similar
accessory activities.
G. Trails All new developments are required to provide trails consistent with the
adopted trails map of the General Plan. Developments within the equestrian
overlay district may be required by the Planning Commission to provide local
feeder trails for continuation of a local system. Further, within the Equestrian
Overlay District, non-residential development shall consider the use of amenities
for equestrian, pedestrian and bicycling activities such as hitching posts, benches,
rest areas, drinking fountains and bicycle stands.
l~ion 17.10.050 P~rforman~ Standards
The conduct and operation of ail uses in the office and commercial districts shall
comply with the minimum standards of performance set forth in this section.
A. Noise. All operations and businesses shall be conducted to comply with the
o~ing standards.
-112-
Section 17.10.050
1. All commercial and office activities shall not create any noise that would
exceed an exterior noise level of 60dBA during the hours of 10:00 p.m. to
7:00 a.m. and 65dBA during the house of 7:00 a.m. to 10:00 p.m.
2. Loadin~ and Unloading. No person shall cause the loading, unloading,
opening, closing, o~ other handling of boxes, crates, containers, building
materials, garbage cans, or similar objects between the hours of 10 p.m. and
7:00 a.m., in a manner which would cause a noise disturbance to a residential
area.
3. Vehicle Repairs and Testing. No person shall cause or permit the repairing,
rebuilding, modifying, or testing of any motor vehcile, motorcycle, or
motorboat in such a manner as to increase a noise disturbance between the
hours of 10 p.m. and 8 a.m. across from a residential area.
B. Lights. All lights and glare associated with operations, and illuminated cms shall
be shielded or directed so as to not illuminate adjacent businesses or cause glare
to motorists.
C. Smoke. No operation or activity is permitted to have operations which emit
excessive smoke, fumes, or dust or which exceed the requirements or levels as
specified by the Air Quality Management District (AQMD).
D. Maintenance of Open Areas. All open areas shall be landscaped, surfaced, or
treated and maintained permanently in a dust free condition.
E. Vibration. No operation or activity is permitted which will create vibration
~e without instruments at the perimeter of the subject property.
F. Mechanical and Electrical Equii)ment. All such equipment, including air
conditioners, antennas, pumps, transformers, heating and ventilating equipment
shall be located and operated in a manner that does not disturb adjacent uses and
activities.
G. Electrical Interference. No operation or activity shall transmit, generate, or
otherwise cause any electrical, magnetic, or electromagnetic radiation
disturbance that affects the operation of any use, equipment, or process employed
by any use beyond the boundary of the site.
H. Fire or Explosive Hazard. AIl operations or activities shall conform with the
minimum requirements of the Uniform Fire Code, as adopted and amended by the
Foothill Fire District, and with the provisions of Title 19 of the California
Administrative Code.
I. Liquid and Solid Wastes. There shall be no discharge at any point into any public
or private sewage disposal system or stream, or into the ground, of any liquid or
solid material~ except in conformance with the regulations of the Cueamonga
County Water District and Building and Safety Division.
J. Outdoor Stora~e~ Trash Areas and Service Areas. All areas for storage of
maintenance equipment or vehicles, refuse storage and collection areas and
service areas, shall be enclosed or effectively screened from public view by use of
a fence, wall, landscaping, berming or a combination thereof.
-113-
Section 17.10.050
K. Air Quality. No operation or activity shall cause the emission of any smoke, fly
ash, dust, fumes, vapors, gases or other forms of air pollution which can cause
damage to health, animals, vegetation, or other forms of property, or which can
cause excessive soiling on any other lot. No emission shall be permitted which
exceeds the requirements of the South Coast Air Quality Management District or
the requirements of any Air Quality Plan adopted by the City of Rancho
Cuoamonga.
L. Heat or Cold. No operation or activity shall emit heat which would cause a
temperature increase or decrease .:n any adjacent property in excess of 10 degrees
fahrenheit, whether the change i_ , the air, on the ground, or in any structure.
M. Odors. No operation or activity shall be permitted to emit odorous gases or other
odorous matter in such quantities as to he dangerous, injurious, noxious or
otherwise objectionable and readily detectable without the aid of instruments at
or beyond the lot line.
N. Fissionable or Radioactive Materials. No operation or activities shall be
permitted which result at any time in the release or emission of any fissionable or
radioactive materials into the atmosphere, the ground, or sewerage systems.
S~Uon 17.10.060 General Design OuideUne~
A. Intent. The intent of the guidelines is to assist the designer in understanding and
complying with the City's standards for building and site design. The guidelines
are based upon community design goals as expressed in the General Plan and
encourage the orderly and harmonious appoaranee of structures and property along
with associated facilities, such as signs, landscaping, parking areas, and streets.
The guidelines establish a high standard for design quality but are flexible enough
to allow individual expression and imaginative solutions.
B. Applicability. The provisions of this section shall apply to all commercial and
office district, unless otherwise specified herein. Any addition, remodeling,
relocation or construction requiring a building permit within any commercial or
office district is subjeet to Development/Design Review pursuant to
Chapter 17.06.
C. GuideLines. These guidelines are under the two major categories of site plan
design and building design. The structure and its relationship to other structures,
uses, views, existing site conditions and pedestrian orientation, should be the
dominant factors in the design and orientation of buildings. Architectural
statements, while being strong, should not confliet from site to site or building to
building.
1. Site Plan Desitin
(a) Existing Site Conditions: Existing site conditions such as mature
vegetation, slopes, drainage courses, rock outcroppings and views
should all be considered as possibilities for inclusion in the project.
Use of valuable existing site elements wili assist in formulating a
focused design theme.
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Section i7.10.060
(b) Building Orientation: Placement of the buildings shaU be done in a
manner compatible with surrounding existing and planned uses and
buildings. The setback from streets and adjacent properties is
directly proportionate to the scale of the proposed building and those
around it. Larger buildings wLll require more setback area for a
balance of scale and for the protection of solar access to the proposed
building and adjacent sites. Lastly, placemant of the building should
provide the most aesthetic public views.
(c) Access~Circulation: The. access and circulation of a development
should be designed to provide a safe and efficient system, both on and
off the site. Points of access shall be designed in conformance with
the City access regulations. The circulation system shall be designed
to reduce conflicts between vehicular and pedestrian traffic,
minimize impacts on adjacent properties, combine circulation and
ancess areas where possible, and provide adequate maneuvering
areas. Points of access shall not conflict with other planned or
existing access points.
(d) Parking Areas: Parking areas should not be the dominant element in
the overall design of a project and should be designed to minimize
visual disruption. Parking areas should be screened from streets
through combinations of mounding, landscaping, low profile walls and
grade separations. The design of parking areas should also minimize
auto noise, lights and glare, and ambient air temperature. This can be
accomplished through the use of sound walls, general location, use of
well designed lights, and landscaping throughout the parking lot.
(e) Landscape/Open Space: Landscaping and open spaces should be
designed as an integral part of the overall site plan design.
Landscaping and open spaces should enhance the building design,
enhance public views and spaces, provide buffers and transitions,
provide for a balance of solar uses, and provide screening.
Additionally, the landseapo design should accent the overall design
theme through the use of structures such as arbors or trellises,
hardsoape, and special paving.
(f) Fencing/Screening: The use of any fencing or walls should be
consistent with the overall design theme. Fences and walls are
discouraged unless needed for a specific screening or safety purpose.
Where they are needed, color, material and variation of the
vertical/horizontal plane are needed to blend with the site and
building design.
(g) Lighting: On-site lights should provide a safe, functional and
aesthetic design. Enough lighting should be provided to ensure a safe
environment while at the same time not cause a~eas of intense light
or glare. Fixtures and poles shall be designed and placed in a manner
consistent and compatible with the overall site and building design.
(h) Utilities and Ancillary Equipment: On-site utilities and equipment
shall be located in inconspicuous areas, away from public view.
Where they are located in public view, they shall be screened with a
combination of material that best suits the overall design theme.
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Section 17.10.060
2. Building Design
(a) Design Theme: A recognizable design theme shall be established for
each building. That theme shall be one which creates a harmonious
building style, form, dze, color, material and roof line, as it relates
to surrounding planned or existing developments. Subtle variations
are encouraged which provide visual interest but do not create abrupt
changes causing discord in the overall design of the immediate area.
It is not intended that one style of architecture should be dominant
but that individual structures shall create and enhance a high quality
and harmonious community appearance.
(b) Scale: The mas~ and scale of the building needs to be proportionate
to the site, open spaces, street locations and surrounding
developments. No matter what the scale of a building, setbacks and
overall heights shouid provide an element of openess and human
scale. Multi-story buildings should be setback toward the center of
the site or be designed in a stepped style.
(c) Materials and Colors: Colors, textures and materials shall be
coordinated to achieve total compatibility of design. They should
blend well with the environment and not cause abrupt changes.
(d) Signing: Every building shall be designed with a precise concept for
adequate signing. Provisions for sign placement; sign scale in
relationship with building and readability shall be considered in
developing the signing concept. While providing the most effective
signing, it shall also be highly compatible with the building and site
design relative to color, material and placement.
(e) Equipment Screening: Any equipment, whether on the roof, side of
building, or ground, shall be screened. The method of screening shall
be architecturally integrated in terms of material, color, shape, and
size. The screening design shall blend with the building design.
Where individual equipment is provided, a continuous screen is
desirable.
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Sections 17.12.010 & 17.12.020
CHAPTER 17.12
PARKING RRGULATION8
Section 17.11.010 Purpme and General Plan Corudsteney:
A. These regulations are established in order to assure that parking faeiUties are
properly designed and located in order to meet the parking needs created by
specific uses, and ensure their usefulness, protect the public safety, and, where
appropriate, buffer and ~ransition surrounding land uses from their impact.
~ticfl 17.12.020 Basic Regulations Fee Off-St~eet Parking
A. Off-street parking shall be provided subject to the provisions of this Chapter for:
1. Any new building constructed;
2. Any new use established;
3. Any addition or enlargement of an existing building or use; and,
4. Any change in the occupancy of any building or the manner in which any use
is conducted that would result in additional parking spaces being required.
B. The required parking spaces or garages shall be located on the same building site
or development (See Chapter 17.04, Section 17.04.050 for exceptions).
C. All off-street parking spaces and areas required by this ordinance shall be
designed and maintained to be fully usable for the duration of the use requiring
such areas and spaces.
D. On-street parking within public or private streets, driveways, or drives Shall not
be used to satisfy the off-street parking requirements, except where allowed by
this chapter.
E. Whenever the computation of the number of off-street parking spaces required by
this section results in a fractiona{, parking space, one (1) additional parking space
shall be required for one-half (l/2 ) or more fractional parking space and any
fractional space less than one-half (l/2) of a parking space shall not be counted.
F. Temporary use of off-street parking spaces for nonparking purposes will not
violate this ordinance if such use is specifically approved by the City Planner.'
G. Parking facilities constructed or substantially reconstructed subsequent to the
effective date of this chapter, whether or not required, shall conform to the
design standards set forth in this chapter.
H. Parking standards contained within the Industrial Specific Plan shall apply only to
uses in the Industrial Specific Plan area. Only design standards and basic
regulations contained in this chapter shall apply to uses in the Industrial Specific
Plan area.
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Section 17.12.030
Section 17.12.030 Design Standards
Design Standards are established by this section to set basic minimum dimensions and
guidelines for design, construction, and maintenance of parking within both the
residential and commercial districts.
A. General: The following standards shall apply to both the residential and
commercial districts.
1. Standard stall size: Each standard parking space shall consist of a
rectangular area not less than 9.0 feet wide by 19.0 feet long. All parking
spaces should have a vertical clearance of not less than 7.5 feet.
2. Compact stall size: StaLls designated for use by compact cars may be
reduced in size to a minimum of eight (8) feet in width and sixteen (16) feet
in length.
3. Hand/capped stall size: Each parking space designated for use by the
handicapped shall consist of a rectangular area not less than 14 feet wide by
19 feet long, and s+ !1 be located in an area not exceeding 2 percent slope.
All spaces shall be iocated near or convenient to a level or ramped entrance,
not exceeding a $ percent slope, to the facility served by the parking space.
Parking spaces for the handicapped shall be signed and restricted for use by
the handicapped only.
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Section 17.12.030
4. Aisle dimensions: Each parking and loading space shah have adequate drives,
aisles, and turning and maneuvering areas for eceess and usability, in
accordance with Table 17.12.030-D.
5. Paving: Parking and loading facilities shall be surfaced and maintained with
asphaltic, concrete, or other permanent, impervious surfacing material
sufficient to prevent mud, dust, loose material, and other nuisances.
Alternate surface material can be considered by the City Planner, if shown
that such material will not cause adverse effects and that it will remain in a
usable condition.
6. Drainage: All parkin~ and loadin~ facilities shall be ~raded and p~ovided
with permanent storm drainage facilities. Surfacing, curbing, and drainage
improvements shall be sufficient to preclude free flow of water onto
adjacent properties or public streets or alleys, and to preclude standing pools
of water within the parking facility.
7. Safety features: Parking and loading facilities shall meet the following
standards:
(a) Safety barriers, protective bumpers or curbing, and directional
markers shall be provided to assure pedestrian/vehicu!~r safety,
efficient utilization, protection to landscaping, and to prevent
encroachment onto adjoining public or private property.
(b) Visibility of pedestrians, bicyclists, and motorists shall be assured
when entering individual parking spaces, when circulating within a
parking facility, and when entering and exiting a parking facility.
(c) Internal circulation patterns, and the location and traffic direction of
all access drives, shall be designed and maintained in accord with
accepted principles of traffic engineering and traffic safety.
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Section 17.12.030
8. Lighting: Lights provided to illuminate any parking facility or paved area
shall be designed to reflect away from residential use and motorists. It is
the intent to maintain light standards in a low profile design and to be
compatible to the architectural design. Light standards shall not exceed 15
feet in overall height from the finished grade of the parking facility. No
lighting shall create illumination on adjacent properties which exceeds five
(5) footcandles.
9. Noise: Areas used for primary circulation for frequent idling of vehicle
engines, or for loading aetivitias shall be designed and located to minimize
impacts on adjoining properties, including provisions for screening or sound
baffling.
10. Screening: Unenclosed off-street parking areas shall be screened from view
from public streets and adjacent more restrictive land uses. Screening may
consist of one or any combination of the following methods:
(a) Walls: Low profile walls, not exceeding 3 1/2 feet in height, shall
consist of concrete, stone, brick, or similar types of solid masonry
materials.
(b) Fences, solid: A solid fence not to exceed 3 1/2 feet shall be
eonstrueted of wood, or wood and masonry or other materials to form
an opaque screen.
(c) Fences, open.' An open weave, mesh-type or wrought iron fence not
to exceed 3 1/2 feet shall be combined with plant materials to form
an opaque soreen.
(d) Planting: Plant materials, when used as a screen, shall consist of
compact evergreen plants. They shall be of a kind, or used in such a
manner, so as to provide screening, have a minimum height of two (2)
feet, within eighteen (18) months after initial installation, or
screening as per a, b, or c above shall be installed.
(e) Berms: Berms, including grass or plant materials.
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Section 17.12.030
11. Landscaping: The foUowing basie standards shaU be observed:
(a) A minimum of ten (10) percent of the total off-street parking area
shall be landscaped with at least one fifteen (15) gallon minimum size
tree per each three (3) parking stalls (which may be clustered or
grouped) and appropriate ground cover. The parking area shah be
computed by adding the areas used for access drives, aisles, stalls,
maneuvering, and landscaping within that portion of the premises that
is devoted to vehicular parking and circulation.
(b) Each unenclosed parking facility shall provide a perimeter landscaped
strip at least five (5) feet wide (inside dimension) where the facility
adjoins a side or rear property line. The perimeter landscaped strip
may include any landscaped yard or landscaped area otherwise
required, and shall be continuous, e ~pt for required access to the
site or to the parking facility.
(e) All landscaping shall be protected with concrete curbs or equivalent
barriers.
(d) Ail landscaping shall be continuously maintained free of weeds,
debris, or litter.
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Section 17.12.030
12. Striping: All parking stalls shall be clearly outlined with single lines on the
surface of the parking facility or any other permanent space designator
(trees, shrubs, etc.) approved by the City Planner. In all parking facilities all
aisles, approach lanes, and maneuvering areas shah be clearly marked with
directional arrows and lines to expedite traffic movement.
13. Maneuvering.' Parking and maneuvering areas shall be arranged that any
vehicle entering a public right-of-way on a major or secondary street can do
so traveling in a forward direction.
B. Residential.- The following design standards shall apply to the residential districts
and developments.
1. Covered off-street parking spaces in a garage or carport shall be a minimum
of nine (9) feet in width and nineteen (19) feet in depth of unobstructed area
provided for parking purposes. The required minimum measurements may
not include the exterior walls or supports of the structure.
2. Driveways providing access to garages, carports and parking areas serving
three (3) or less dwelling units shall be a minimum of ten (I0) feet in width
for one-way traffic, and twenty (20) feet for two-way traffic.
3. Driveways providing access to garages, carports, and open parking spaces
serving four (4) or more dwelling units shall be a minimum of twelve (12)
feet in width for one-way traffic, and twenty-four (24) feet for two-way
traffic.
4. Driveways serving multiple dwelling units with garages or carports on either
or both sides shall be increased a minimum of five (5) feet on one side only,
thus providing a twenty-nine (29) foot wide aceessway between garage or
carport spaces for two-way traffic.
5. No property owner shall sublease, subrent or otherwise make available to
residents of other properties, the off-street parking spaces required by this
section.
6. All required covered off-street parking spaces shall be located conveniently
accessible to the dwelling unit served by such parking space.
7. Residential developments which provide private streets, shall be planned,
designed and constructed to meet the minimum City Engineering
requirements for private streets.
8. All recreational vehicle parking and/or storage areas located within the
front yard setback shall be paved with either asphaltic concrete, cement,
gravel or crushed rock.
C. Commereial~ Institutionalr Community Facilities: The following design standards
shall apply to commercial, institutional, and community facility uses.
1. Those areas designated for use by motorcycles shall consist of a minimum
usable area of fifty-six (56) square feet.
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Section 17.12.030
2. Parking bay widths shall be computed according to the specifications set
forth in Table 17.12.030-D.
3. Two-way access driveways with no parking shall be a minimum of
twenty-four (24) feet. One-way access driveways with no parking shall be a
minimum of twelve (12) feet.
D. Parking Facility Design. Following are charts and diagrams to which all parking
facilities shall be designed.
1. Parkin~ Bay Widths. Each parking facility is designed with parking bay
units. The size or width of this unit is dependent on one or two-way traffic
and single or double loaded aisles. Use the following chart to determine the
overall width of the parking bay design which is being used. The dimensions
listed are the amount necessary to contain parking stall depth and aisle
width. Parallel parking may be permitted; however, they must not be
counted es part of the required driveway width and must maintain four (4)
feet between spaees.
Table l?.l~.030-D -OverMl Parking Bay Width
Parking Angle (in degrees)
30 45 60 90
1. Parking by widths for one-way
traffic and double loaded aisles:
a. compact stall 40' 44' 49' 56'
b. standard Stall 43' 49' 55' 62'
2. Parking bay width for one-way
traffic and single loaded aisles:
a. compact stall 26' 28' 32' 39'
b. standard Stall 28' 30' 35' 43'
3. Parking bay widths for two-way
traffic and double loaded aisles:
a. compact stall 48' 52' 54' 56'
b. standard stall 51' 56' 59' 62'
4. Parking bay widths for two-way
traffic and single loaded aisles:
a. compact stall 34' 36' 38' 40'
b. standard stall 36' 38' 41' 43'
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Section 17.12.030
2. Planter Design. All parking lot planters shall be designed to meet the
following minimum requirements.
(a) Planters shall be separated from maneuvering and parking areas by a
$" raised eonerete curb or equivalent.
(b) Tree planting wells located at the front of parking stalls shall contain
a minimum of 25 square feet and the smallest outside dimension shall
not be less than 5 feet.
(e) Landscape planters along the sides of parking stalls shall contain a
minimum of 90 square feet and the smallest outside dimension shall
not be less than 6 feet.
(d) Pedestrian walks shall be provided in landscape planters along the
sides of parking stalls as shown below. It shall consist of a minimum
12 inch concrete paver, adjacent to the curb (including curb width).
3. Parking Lot Striping and Markings. Parking stall striping, directional arrows
and parking stall identification shall meet the following standards.
(a) All parking stalls shall be painted with a single 4 inch wide continuous
line.
(b) All aisles, entrances and exits shall be clearly marked with directional
arrows painted on the parking surface.
(c) All compact parking stalls shall be individually labeled with the words
"compact car" painted on the parking surface of each stall.
(d) All handicapped parking stalls shall be individually labeled and signed
in accordance with Uniform Building Code and California Vehicle
Code standards.
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Section l?.12.040
Section 17.1:2.040 Parking Recl~rements
The foUowing sections Ust the required amount of parking for each category of uses,
special requirements and optional requirements.
A. Residential
1. Single-family detached dwellings (conventional). Two (2) parking spaces
within a garage.
2. Cluster development (condominium, townhome, etc.) semi-detached single
family (zero lot Line, patio homes, duplexes, etc.) and mobile home parks:
(a) Studio: 1.3 off-street parking space per unit of which one space shall
be in a garage or carport.
(b) One (1) bedroom: 1.5 off-street parking spaces per unit of which one
space shall be in a garage or carport.
(e) Two (2) bedrooms: 1.8 off-street parking spaces per unit of which one
space shall be in a garage or carport.
(d) Three (3) or more bedrooms: Two off-street parking spaces per unit
of which one space shall be in a garage or carport.
(e) In addition to the required number of parking spaces for each unit,
one off-street uncovered parking space shall be provided for each four
units for visitor parking. For single family zero lot Une, patio homes,
and duplexes, on-street parking may be substituted for visitor parking,
where sufficient street pavement width and distance between
driveways has been provided.
(f) For developments containing five or more units, up to thirty-five (35)
percent of the required uncovered spaces may be compact ear size.
(g) The use of carports requires approval from the Design Review
Committee.
3. Apartments
(a) Bachelor and one bedroom dwelling unit: 1.3 off-street parking
spaces for each dwelling unit of which one space shall be in a garage
or carport for each unit.
(b) Two (2) bedroom dwelling units: 1.6 off-street parking spaces for
each dwelling unit of which one space shall be covered for each unit.
(c) Three (3) bedrooms or more dwelling units: 1.7 off-street parking
spaces for each dwelling unit of which one space shall be covered for
each unit, plus 0.2 off-street parking space for each bedroom in
exces~ of three (3).
(d) In addition to required number of parking spaces for each unit, one (1)
guest parking space shall be required for each four (4) units.
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Section 17.12,040
(e) For building sites containing five (5) or more dwelling units, up to
thirty-five (35) percent of the required parking spaces uncovered may
be of cempaet ear size.
B. Commercial/Office
1. Commercial, retail and service uses:
(a) Neighboorhood and general commercial shopping centers: One (1)
off-street parking stall for each two hundred and fifty (250) square
feet of gross floor area for all buildings and/or uses in the center.
(b) Community and regional shopping centers: One (1) off-street parking
stall for each two hundred-twenty (220) square feet of gross floor
area.
The above requirements will apply for all commercial centers in the city;
however, whenever ~]eUneation of independent uses is required, the following
standards shall apply:
(e) Automobile washing and cleaning estabUshments, except
self-service: Sixteen (16) parking stalls
(d) Serf-service automobile washes: 2.5 for each washing stall.
(e) Automobile service and gas station: Three (3) spaces plus two (2) for
each service bay.
(f) Barber shops or beauty parlors.- Two (2) for each barber chair; three
(3) for each beautician station.
(g) Buildings used solely for coin-operated laundromats or dry cleaning
establishments: One for each three (3) washing machines.
(h) Offices, commercial banks, savings and loan offices, other financial
institutions, general retail stores, food stores, supermarkets, and drug
stores: One for each two hundred fifty (250) square feet of gross
floor areas.
(i) Contractor's storage yards in connection with contractor's business;
salvage yard; junk yard, automobile wrecking yard; storage yard: Six
(6) spaces separated from the enclosed storage area.
(j) Lumber yards-' One for each three hundred (300) square feet of gross
floor area for retail sales, plus one for each one thousand (1,000)
square feet of open area devoted to display (partially covered, by
roof, awning, etc.) or sales.
(k) Mortuaries and funeral homes: One (1) parking stall for every twenty-
five (25) square feet or fraction thereof of assembly room or floor
area.
(1) Motels and hotels: One (1) parking space for each guest unit and two
(2) spaces for resident manager or owner.
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Section 17.12.040
(m) Motor vehicle sales and automotive repair, painting, body work or
service: One per four hundred (400) square feet of gross floor area.
(n) Stores solely for the sale of furniture and appliances: One for each
five hundred (500) square feet of gross floor area.
(o) Trade schools, business colleges and commercial schools: One for
each three (3) student capacity of each classroom plus one for each
faculty member or employee.
2. Commercial recreation uses:
(a) BowUng alleys and/or bllUard halls-' Five (5) for each aUey and/or two
(2) for each billiard table contained therein.
(b) Commercial stables: One (1) accessible space for each five (5) horses
boarded on the premises.
(e) Driving ranges (golf): One per tee, plus the spaces required for
additional uses on the site.
(d) GoLf courses (regulation course): Six (6) per hole plus the spaces
required for additional uses on the site.
(e) "Pitch and Putt" and miniature golf course: Three (3) per hole, plus
requirements for accessory uses.
(f) Skating rinks, ice or roller: One for each one hundred (100) square
feet of gross floor area, plus the spaces required for additional uses
on the site.
(g) Swimming pool (commercial): One for each one hundred (100) square
feet of water surface, plus one stall for each employee, but not less
than ten (10) stalls for any such use.
(h) Tennis, handball and racquetball faeillties: Three (3) for each court
plus the spaces required for additional uses on the site.
3. Educational uses:
(a) Elementary and junior high schools: Two (2) for each classroom.
(b) Sen/or high schools: One for each member of the faculty and each
employee, plus one for each six (6) students regularly enrolled.
{c) Colleges, universities and institutions of higher learning, parochial
and private: One for each three (3) students plus one for each two (2)
members of the faculty and employees.
4. Health uses.'
(a) Dental clinics or offices; medical clinics or offices, veterinary
hospitals and clinics: One for each two hundred (200) square feet of
gross floor area.
-127-
Section 17.12.040
(b) Convalescent and nursing homes, homes of aged, rest homes,
children's homes and sanitariums: One for every four (4) beds in
accordance with the resident capacity of the home as listed on the
required Ueense or permit.
(c)Hospitals= One and seventy-five hundredths (1.75) for each patient
bed.
(d) Health studios and spas: One for each one hundred fifty (150) square
feet of gross floor area. (For the purpose of this subsection,
swimming pool area shall be counted as floor area.
5. Industrial and like uses:
(a) all industrial uses are subject to the provisions of the parking
standards and requirements as' contained in the Industrial Specific
Plan.
(b) Public utility facilities including, but not limited to electric, gas,
water, telephone and telegraph facilities not having business offices
on the premises: One for each two (2) employees in the largest shift
plus one for each vehicle used in connection with the use. A minimum
of two (2) space shall be provided for each such use regardless of
building space or number of employees.
6. Places of assembly:
(a) Restaurants, taverns, lounges and other establishments for the sale
and consumption on the premises of food and beverages: One (1)
space for every one hundred (100) square feet of gross floor area up to
six thousand (6,000) square feet plus one for each additional fifty-five
(55) square feet of gross floor area over six thousand ($,000) square
feet.
(b) Fast food restaurants (with or without drive-thru): One (1) parking
space for each 75 square feet of gross floor area.
(c) Auditoriums, sports arenas, stadiums: One for each three (3) seats or
one for each thirty-five (35) square feet of gross floor area where
there are no fixed seats.
(d) Theaters, movies:
(1) Single Screen: One (1) space per 3 seats, plus 5 for employees
(2) Multi-Screen: One (1) space per 4 seats, plus 5 for employees.
(e) Libraries: One for each three hundred (300) square feet of gross floor
area.
(f) Private clubs, lodge halls, union headquarters: One for each
seventy-five (75) square feet of gross floor area.
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Section 17.12.040
(g) Churches and other planes of assembly not specified above: One for
each four (4) fixed seats within the main auditorium or one for each
thirty-five (35) square feet of seating area within the main auditorium
where there are no fixed seats; eighteen (18) linear inches of bench
shall be considered a fixed seat.
7. Other uses:
(a) Day nurseries, including preschools and nursery schools: One stall for
each staff member, plus one for each five (5) children.
C. Special Requirements. The following parking requirements are applicable to all
commercial and office land uses. These special stalls shall be closest to the
facility for which they are designated in order to encourage their use.
1. Handicapped: Those facilities with twenty-five (25) or more spaces shall
designate two (2) percent or one (1) space, whichever is greater, of the total
number of stalls for use by the handicapped. The designation and design
shall conform to state standards.
2. Motorcycle: Facilities with twenty-five (25) or more parking spaces shall
provide at least one designated parking area for use by motorcycles.
Developments with over one hundred (100) spaces shall provide motorcycle
parking at the rate of one percent. Areas delineated for use by motorcycles
shall meet standards set forth in subsection 17.12.030-C-1.
3. Compact ears: Facilities with twenty-five (25) or more parking spaces may
provide up to thirty-five (35) percent of its parking for use by compact
cars. Spaces delineated for compact car use shall meet standards set forth
in subsection 17.12.030-A-2.
4. Bicycles: All commercial and office areas shall provide adequate locking
facilities for bicycle parking at any location convenient to the facility for
which they are designated. Whenever possible, weatherproofing or facility
covering should be used.
5. Car pools: Off-street parking provided for commercial/office facilities shall
provide at least ten (10) percent of the total parking area as designated for
use by car pools.
6. Drive-Thru Facilities: Drive-thru facilities require special consideration as
their design can significantly impact the vehicular circulation on a site. The
following requirements apply to any use with drive-thru facilities.
(a) Each drive-thru lane shall be separated from the circulation routes
necessary for ingress or egress from the property, or access to any
parking space.
(b) Each drive-thru lane shall be striped, marked, or otherwise distinctly
delineated.
-129-
Section 17.12.040
(e) The vehicle stacking capacity of the drive-thru facility and the design
and location of the ordering and pick-up facilities will be determined
by the City Planner based on appropriate traffic engineering and
planning data. The applicant shall submit to the City a traffic study
addressing the followin~ issues-.
(1) Nature of the product or service being offered.
(2) Method by which the order is processed.
(3) Time ~equired to serve a typical customer.
(4) Arrival rate of customers.
{5) Peak demand hours.
(6) Anticipated vehicular stacking required.
7. Spaces provided for the specific uses as listed above, shall be clearly
designated through sig~s~ colored lines~ etc.
D. Optional Provisions. The following may be provided ~[ the option of the developer
when applicable to commercial, residential or office off-street pa~king uses.
1. Shared parking: Parking facilities may be used jointly with parking facilities
for other uses when operations are not normally conducted during the same
hou~s~ or when hours of peak use vary. Requests for the use of shared
parking are subject to the approval of the City Planner and must meet the
following conditions:
(a) A parking study shall be presented to the City Planner demonstrating
that substantial conflict will not exist in the principal houm or periods
of peak demand fo~ the uses which the joint use is p~oposed.
(b) The numbe~ of parking stalls which may be credited against the
requirements for the structures oe uses involved shall not exceed the
number of parking stalls reasonably anticipated to be available during
differing hours of operation.
(c) Parking facilities designated for joint use should not be located
further than three hundred (300) feet from any structure or use
served.
(d) A written agreement shall be drawn to the satisfaction of the city
attorney and executed by all parties concerned assuring the continued
availability of the number of stalls designated for joint use.
2. Transportation plans: Facilities may decrease their required number of
parking spaces from one percent to twenty (20) percent subject to the
approval of the City Planner based upon a detailed transportation
management plan supplied by the applicant which may include but is not
limited to provisions for mass transit, car pool/ng, staff, gered work bourn,
etc. In addition~ facilities which employ a mass t~ansit system shall provide
temporary loading/unloading areas within a reasonable walking distance from
the facility for which they are provided.
-130-
Section 17.12.040
In evaluating the request, the City Planner shall consider among other
factors:
(a) Projected effectiveness of carpool, vanpool, staggered work hours or
similar transportation programs.
(b) Proximity to public transportation facilities serving a significant
portion of employees and/or customers.
(c) Evidence that employees and/or customers utilize, on a regular basis,
transportation alternatives to the automobile.
3. Parking structures: Where the height of the structure is limited by other
sections of the Development Code, one additional floor or story may be
allowed subject to approval of the City Planner under the following
conditions:
(a) At least seventy-five (75) percent of the ground floor is used for off-
street parking, access and maneuvering.
(b) Use of the remaining ground floor area is limited to manager's
offices, elevators, service facilities, and building access facilities
including entrance foyer or lobby.
(c) Ground floor parking shall be screened, insofar as practicable, from
surrounding uses and from public view.
-131-
Sections 17.14.010 & 17.14.020
CHAPTI~R 17.14
SPECIFIC PLANS AND PLANNED COMMUNITIES DISTRICT
S~eflca 17.14.010 ~ and ~ Plan Consistency
The purpose and intent of these regulations are to further implement and define the
goals and objectives of the General Plan. These planning tools are utilized to develop
more detailed regulations and guidelines for the development of the areas to which they
apply. These plans, which are discussed within this chapter, are to be used for the
regulation of land use and development, as provided for within each document. It is
intended that those plans will provide the basis for the development and use of those
specific ares with this Development Code acting as a supplement. This Code will act as
a supplement for those areas and issues not covered by the specific plans or planned
community regulations. GeneraLly, this would occur in the areas of administration,
review procedures, environmental review and parking regulations.
Seetien 17.14.0~0 Specific Plan District/Planned Comm~mity
A. PurDOSe. The Specific Plan District/Planned Community District is included in
the zoning regulations to achieve the following purposes:
1. To promote and protect the public health, safety, and welfare.
2. To implement the objectives and policies of the General Plan.
3. To safeguard and enhance environmental amenities and the quality of
development.
4. To attain the physical, social, and economic advantages resulting from
comprehensive and ordarly planned use of land resources.
5. To lessen congestion end assure convenience of access; to secure safety from
fire, flood, and other dangers; to provide for adequate light, air, sunlight,
and open space; to promote and encourage conservation of scarce resources;
to prevent overcrowding of land and undue concentration of population; to
facilitate the creation of a convenient, attractive, and harmonious
community; to attain a desirable balance of residential and employment
opportunities; and to expedite the provision of adequate and essential public
services.
6. To facilitate development within the City in accordance with the General
Plan by permitting greater flexibility and encouraging more creative and
imaginative designs for major urban development projects subject to large-
scale community planning.
7. To promote more economical and efficient use of the land while providing a
harmonious variety of housing choices and commercial and industrial
activities, a high level of urban amenities, and preservation of natural and
scenic qualities of open space.
-132-
Section 17.14.020
8. To provide a process for initiation, review, and regulation of large-scale
comprehensively planned urban communities that affords the maximum
flexibility to the developer within the context of an overall development
program and specific, phased development plans coordinated with the
provision of necessary public services and facilities.
B. General Requirements
1. A Specific Plan District/Planned Community shall include a minimum area
of three hundred (300) contiguous acres, under single ownership or otherwise
subject to unified planning, coflstruetion, and development by a person,
corporation, or other entity; property owned by public utilities, local
districts or local governments will not be counted toward the three hundred
acre minimum, but may be used as a connector of single ownership.
2. A Planned Community/Specific Plan District shall be established upon
application of a property owner, in accordance with the procedure set forth
in Section 17.02.060 and subject to the following provisions:
(a) Submission of a development plan for consideration by the Planning
Commission and approval of the City Council, pursuant to this
chapter.
(b) Determination by the Council that the establishment of the District
and approval of the development plan shall:
(1) Provide for the development of a comprehensively planned
urban community within the District that is superior to
development otherwise allowable under alternate regulations.
(2) Provide for development within the District in a manner
consistent with the General Plan and with related development
and growth management policies of the City.
(3) Provide for the construction, improvement, or extension of
transportation facilities, public utilities, and public services
required by development with the District.
C. Use Regulations
1. Allowable uses in each Specific Plan District/Planned Community shall be a
established by a development plan text approved by the City Council. The
development plan text may incorporate uses by reference to specific base
district provisions, or may establish specific use lists with definitions
pertaining thereto.
2. Existing uses within the Specific Plan District/Planned Community at the
time of its establishment shall be deemed allowable and incorporated in the
development plan, unless terminated, discontinued, or changed pursuant to a
specific time schedule incorporated in the development plan text.
3. Unless otherwise provided by the development plan text, public utility
facilities and publicly-owned facilities shall be allowable subject to a
conditional use permit.
-133-
Section 17.14.020
4. Unless otherwise provided by the development plan text, accessory uses or
facilities shall be subject to the same use regulation provisions as the
principal use or fanility.
5. Unless specified as subject to a conditional use permit, each allowable use in
the Specific Plan District/Planned Community shall be subject to
development/design review.
6. Home occupations pursuant to Sections 17.04.060 shall be allowable in each
planned eom munity.
D. Site Development Regulations and Performance Standards
1. Specific Plan District/Planned Community and all uses therein shall be
designed and developed in a manner compatible with and complementary to
existing and potential development in the general vicinity of the District.
Site planning on the perimeter shall provide for the mutual protection of the
District and surrounding property from potential adverse influences.
2. There shall be no minimum area, width, or depth requirement for individual
lots, except as established by a development plan, a conditional use permit,
development review.
3. There shall be no minimum yard requirement for individual lots except as
established by a development plan, a conditional use permit, or by
development review.
4. There shall be no minimum usable open space requirement for individual lots,
except as established by a development plan, a conditional use permit, or by
development review.
5. There shall be no maximum height or coverage requirement for individual
lots, except as established by a development plan, a specific plan,
community plan, a conditional use permit, or by development review.
6. The maximum number of dwelling units within a Specific Plan
District/Planned Community shall not exceed the number of units indicated
by the General Plan for property within the District designated for
residential use by the General Plan, provided that the distribution of units
within the District and the maximum or minimum residential density on any
individual site or within designated portions of the District shall be governed
by the development plan, conditional use permit, or development review
approval pursuant to the development plan.
7. All public streets within or abutting the development shall be dedicated and
improved to city specifications for that particular classification of street.
Private streets within the development shall be permanently reserved and
maintained for their intended purpose by means acceptable to and
enforceable by the City. Consideration of other forms of access, such as
pedestrian ways, court, plazas, driveways, horse trails, bike trails, or open
parking lots offered for dedication may be made at the time of the
development plan and text consideration as a means of meeting requirements
for open space or park dedication requirements.
-134-
Section 17.14.020
8. AH development within a Specific Plan District/Planned Community shall
relate harmoniously to the topography of the site, shah make suitable
provision for the preservation of water courses, drainage areas, wooded
areas, rough terrain, and similar natural features, and shah otherwise be so
designed inasmuch as possible, to use and retain natural features and
amenities to the best advantage.
9. Mechanical and electrical equipment, including air conditioners, antennas,
pumps, heating or cooling or ventilating equipment, exterior lighting, or
similar equipment shah be located and operated in a manner so as not to
unreasonably disturb the peace, quiet, and comfort of neighboring
residents. Excluding roof-mounted solar collector panels and decorative
exterior lighting, aH such equipment and devices shah be screened from view
from any abutting street, and shah not be located in a front yard.
10. AH areas for storage of maintenance equipment, and all service areas
including refuse storage and collection facilities, shall be enclosed by a
fence, wall, or landscape screen.
11. All uses with a Specific Plan District/Planned Community shall provide
off-street parking and loading facilities pursuant to Chapter 17.12.
12. There shah be a proposed means for assuring continuing existence,
maintenance and operation of the various common elements and facilities.
13. Additional site development regulations and performance standards
applicable to individual uses or to designated portions of a Specific Plan
District/Planned Community may be established by the development plan,
conditional use permit, location and develoment plan, or development review
approval pursuant to the development plan.
E. Preapplication Procedure
1. Prior to submitting an application for a Specific Plan District/Planned
Community, the applicant or prospective developer should hold preliminary
consultations with the City Planner and other city officials to obtain
information and guidance before entering into binding commitments
incurring substantial expense in the preparation of plans, surveys and other
data. Such preliminary consultations should be relative to a conceptual
development plan which includes, but is not limited to, the following:
(a) Proposed land uses to be developed within the District.
(b) Development concepts to be employed.
(c) Schematic maps, illustrative material, and narrative sufficient to
describe the general relationships between land uses, and the intended
design character and scale of principal features.
(d) A preliminary time schedule for development, including quantitative
data, such as population, housing units, land use acreage, and other
data sufficient to illustrate phasing of development and potential
impact on public service requirements.
-135-
Section 17.14.020
2. Following initial preliminary consultations pursuant to this section, the City
Planner may require submission of a competently prepared housing market
analysis, demonstrating the need for housing by price range and number of
dwelling units. Such analysis may be requested as a part of the
preapplieation review procedure, may be made a requirement for submission
of an application for a Specific Plan District/Planned Community, or may be
requested as part of the environmental assessment of EIR.
3. Following initial preliminary consultations pursuant to this section, the City
Planner may require submission of a competently prepared commercial
market analysis for any proposed shopping center of major commercial uses,
showing the need for such uses in the location requested and the inadequacy
of existing District sites to meet this need. The market analysis shah
include, but not be limited to, the following:
(a) Determination of potential trade area.
(b) Estimates of existing and future population of the trade area.
(e) Determination of existing and potential effective buying power in the
trade area.
(d) Determination of the net potential customer buying power for the
proposed commercial development. Such analysis may be requested
as a part of the preapplieation review procedure, or may be made a
requirement for submission of an application for a planned community
district, or may be requested as part of the environmental assessment
or EIR.
4. Following initial preliminary consultation to this section, the City Planner
may require presentation of the conceptual development plan to the Planning
Commission. Such presentation shall be for information purposes only, and
shall be in addition to subsequent public review requirements pursuant to an
application for a planned community district and submission of development
plan.
F. Development Plan. The development plan to be submitted with an application for
a Specifie Plan District/Planned Community shall include the following:
1. A boundary survey map of the property and a calculation of the gross land
area within the proposed district. A tentative subdivision map may be
substituted if the applicant proposes to subdivide the property.
2. A topographic map and general grading concept plan with speeifie sections
for sensitive areas, as determined by the grading committee for the property
and adjacent .and within one hundred feet of the property, shown at contour
intervals not to exceed two feet for natural slopes over two percent or less.
For natural slopes over two percent contour interval shall not exceed five
feet.
3. Maps and supporting tabulations showing the current General Plan land use
designation, the current District classification, and the current land use
within the proposed District and on adjacent sites within three hundred (300)
feet. The location of structures and other significant improvements shah be
shown.
-136-
Section 17.14.020
4. A land use plan identifying areas within the proposed District and uses to be
developed therein, supported by proposed or projected acreage, population,
housing units, employment, and such related planning and development data
as the City Planner may require.
5. A development plan indicating the general phasing or anticipated schedule,
indicating the total phasing of the Specific Plan District/Planned Community
and areas to be developed in phases and the anticipated time schedule for
beginning of construction and for completion of each phase of development
including a pro rata share of amenities, parks and open space. This is a {
generalized schedule and may be adjusted according to market constraints as
the eo~.. munity develops.
6. A circulation plan, showing existing and proposed public and private streets,
pedestrian ways, trails, and related transportation access or circulation
features required to serve the proposed development. The circulation plan
shall be supported by schematic designs of principal traffic and circulation
improvements, and such traffic engineering data as required by the City
Planner to demonstrate that existing and proposed facilities, both within and
outside the zone, shall be adequate to serve land uses proposed by the
development plan.
7. A preliminary report and overall plan describing anticipated requirements
and proposed means of providing utility facilities and public services,
including but not limited to, storm drainage, sewage disposal, water supply,
parks and recreation, and school facilities.
8. An accompanying development plan text setting forth the basic land use
regulations, site development requlations and performance standards
designed to govern each use area identified by the land use plan. The text
need not incorporate the same level of detail as found in the regulations for
base Districts, but shall be as comprehensive as necessary to establish basic
provisions and regulations which shah govern subsequent approval of specific
tracts or developments within the planned community district. The text
shall include, but not be limited to, the following provisions.
(a) A listing of allowable uses within each use area, including such
qualifying descriptions or definitions and requirements for conditional
use permits as may be applicable.
(b) Maximum and minimum regulations, as appropriate governing
residential density, site coverage, lot size and dimensions, yard
requirements, usable open space, landscaping, and performance
standards.
(¢) Required yards, landscaping or other site development regulations to
be applicable adjacent to other Districts at the perimeter of the
Specific Plan District/Planned Community.
(d) Supplemental illustrations as required, establishing the basic
community architectural character, environmental character and
environmental design qualities to be attained throughout the Specific
Plan District/Planned Community and within particular portions of
the district.
-137-
Section 17.14.020
9. Such other information, such as a topographic model in areas of excessive
slope, may be required by the City Planner, the Plarming Commission, or the
City Council to permit complete analysis and appraisal of the development,
and to faeiUtate adoption of the Specific Plan District/Planned Community
and the development plan by the City Council.
G. AdoDtion of District and DeveloDment Plan
1. An application for a Specific Plan D/strict/Planned Community and the
development plan submitted with the applieat/on shaU be subject to review
and approval in the same manner as prescribed in Setion 17.02.060.
2. Each Specific Plan District/Planned Community established shall be
indicated on the District map by the letters SP/PC followed by a reference
number identifying each separate District. The development plan as
modified and approved by the City Council, shaU be considered to be a part
of this chapter, and shall be identified by reference to the corresponding
designation of each specific Specific Plan District/Planned Community on
the District map.
H. Amendments to Development Plan
1. A development plan text and map may be amended in the same manner as
provided by Section 17.02.060 for a change of District boundaries or for a
change in the regulations appUeable with a District. Amendment of a
development plan text and map shall be subject to the same findings as
presoribed for initial enactment of a Specific Plan District/Planned
Community and adoption of the development plan appUeable to the Specific
Plan District/Planned Community.
2. An amendment to a development plan text and map may be initiated by the
City Planning Commission or the Council, or may be initiated by the original
appUeant for the Specific Plan District/Planned Community or a sueceasor
thereto, provided such applicant or successor has, at the time of application
for an amendment, a continuing controlling interest in development or
management of uses within the planned commanity zone.
I. lteview of Development Pro[~ress
1. The Director of Community Development shall review each Specific Plan
District/Planned Community annually, and shall submit a report to the
Planning Commission and City Council containing the following:
(a) A summary of the devalopment status within the zone and an
assesmant of progress during the year toward comDletion of
development authorized by the development plan including adherence
to development schedules and phasing.
(b) A statement of any changes in land use and economic development
trends, housing market indicators, commercial and industrial
development rates, or programs for provision of pubUc facilities and
services which, in the opinion of the City Planner, vary significantly
from those upon which the development plan were based, and which
could affect adversely continued progress toward completion of
development within the district.
-138-
Section 17.14.030 & Section 17.14.040
2. A copy of the annual report of the City Planner shah be provided to the
applicant and to such other interested parties or successors as deemed
appropriate by the City Planner.
Se~ticrt 17.14.030 Adopted ~ffie Plans (SP)
The following-described projects are adopted and its real property ~ designated Speeifie
Plan (SP). A oopy of each text shah be kept in the Community Development Department
and in the City Clerk's office.
A. Etiwanda Specific Plan (ESP) - The Etiwanda Specific Plan encompasses
approximately 3000 acres bounded on the north, northwest and east by current
city limits, on the south by the eenterline of Foothill Boulevard, and on the west
by the boundaries of the Victoria Planned Commuc.:ty; also including all properties
located within 200-feet of the eenterline of Etiwanda Avenue, between Foothill
Boulevard and 24th Street; and also including the area south of Foothill Boulevard,
east of Etiwanda Avenue and north of Arrow Route, but excluding the area south
of Miller Avenue and west of Etiwanda Avenue.
B. Industrial Area Specific Plan ISP - The industrial area of the City of Rancho
Cueamonga is located in the southern portion of the City, encompassing nearly
5,000 acres. The industrial area has been divided into three zones. Generaily,
Zone A is bounded on the north by Arrow Route and the North Town area, on the
east by Haven Avenue, on the south by 4th Street and on the west by Cucamonga
Creek and the City of Ontario. Zone B is bounded on the north by Foothill
Boulevard, on the east by Devore Freeway (I-15), on the south by 4th Street and
the City of Ontario, and on the west by Haven Avenue. Zone C is bounded on the
north by Foothill Boulevard, on the east by Etiwanda and East Avenues, on the
south by 4th Street and the City of Ontario, and on the west by Devore Freeway.
Additional specific plans, not listed here, may be adopted from time to time.
Also, these existing plans may be amended. Development within each of these
plans is subject to the Development Review process outlined in Chapters 17.04 and
17.06.
Seetic~ 17.14.040 Adopted Planned Comm~ities
The foLlowing-described projects are adopted and their real property is designated
Planned Community (PC). A copy of each Planned Community Text shah be kept in the
Community Development Department and in the City Clerk's office.
A. Terra Vista (Lewis Homes) - Planned Community 81-01 is comprised of
approximately 1321 acres and begins at the northeast corner of Haven Avenue and
Foothill Boulevard, traversing north to the Pacific Electric Railroad; thence east
to the centerline of Milliken Avenue; thence south to the eenterline of Base Line;
thence east to eenterline of Rochester; thence south to the centerline of Foothill
Boulevard; thence west to the beginning point of Haven Avenue and Foothill
Boulevard.
-139-
Section 17.14.040
B. Victoria Planned Community (William Lyon Company) - Planned Community 80-01
encompasses approximately 2150 acres and begins at the southwest corner of
Highland Avenue and Etiwanda Avenue; south abutting the westerly boundary of
the Etiwanda Specific Plan to Interstate 15; thence southwest to Day Creek;
thence north to Base Line Road; thence west to Milliken Avenue; thanee north to
the Southern Pacific Railroad tracks; thence west to the Deer Creek Channel;
tbenee north to Highland Avenue; thence east to Etiwanda Avenue.
C. Each of the specific plans and planned communities have been designated on the
District map. Certified copies of each land use plan is maintained on file in the
City Planning Division.
D. Additional planned communities not listed here, may be adopted from time to
time. Also, these existin~ plans may be amended.
E. Development within the Planned Communities is subject to the review process as
contained in Chapter~ 17.04 and 17.06.
-140-
Sections 17.16.010, 17.16.020, 17.16.030
CHAPTER 17.16
OPEN SPACE D~STItlCT~
Section 17.16.010 Pm'p~e and General Plan Consistaney
The General Plan outlines several objectives and policies with regard to open space
preservation and protection of environmentally sensitive lands. The open space
districts outlined in this chapter is based upon the General Plan objectives and the
following general purposes.
A. Provide protection in areas of fire, geologic, seismic or flood hazards through
restriction of intensive uses.
B. Promote the retention of open space for recreational use and for the protection of
natural resources.
C. Promote the preservation of open spaces, protect natural features, offer views to
residents, and maintain open areas where flood, fire, geologic and seismic
oonditions may endanger public health and safety.
Seefio~ 17.16.020 Districts
O~ S~ee Distri~-t (O~). The OS district is intended primarily to protect
environmentally sensitive land. The use regulations, development standards and
criteria are intended to provide Iow intensity development and encourage of
recreational activities and preservation of natural resources.
Flood Co~trol-O~ S~ee District (PC). This district is intended to allow
necessary flood control facilities for protection of the public health, safety and
general welfare.
Utility C(~l'ider-O~ ~aee District (UC). This district is intended to allow
certain land uses within utility corridors which could be compatible to both the
utility function and surrounding existing or proposed land uses.
Seetiim 17.16.030 Use lte~ulations
A. Uses listed in Table 17.16.030 shall be allowable in one or more of the open space
districts as indicated in the columns beneath each district. Where indicated with
the letter "P", the use shall be a permitted use in that district. Where indicated
with the letter "C", the use shall be a conditional use subject to the Conditional
Use Permit process. In the event there is difficulty in categorizing a given use in
one of the districts, the procedure outlined in Section 17.02.040 use determination
shall be followed. All uses are subject to the development review process as
described in Chapter 17.06. The City Planner may approve accessory uses and
structures, and agricultural uses involving no improvements, under the minor
development review process.
-141-
Section 17.16.030
TABLE 17.16.030 USE REGULATIONS POR OPEN SPACE DISTRICTS
USE DISTRICT
O~ FC UC
l. Single Family dwellings (not to exceed an P -- --
average density of I unit per 40 acres)
2. Caretaker quarters
a. permanent P P P
b. temporary C C C
3. Home Occupations P -- --
4. Accessory structures such as detached
garages, carports, cabanas, guest house,
barns, storage sheds, corrals.
a. Related to on-site single family P -- --
dwelling
b. Not related to on-site dwelling P -- --
5. Agricultural Uses
a. Row crops, truck gardens P P P
b. Plant storage or propagation P P P
e. Orchards, vineyards, Christmas and
other tree farms P P P
d. Community gardens P P P
e. Greenhouses P P P
f. Livestock grazing, breeding (no
feed lots) P P P
g. Hydroponic culture P P P
h. On-site sales of products grown on
site P P P
6. Cemeteries, Crematories, Mausoleums,
Columbariums and Related Uses C -- --
7. Wildlife Preserves and Sanctuaries P P P
8. Forest Maintenance Facilities/Ranger
Station P P P
9. Recreational Uses
a. Parks, picnic areas, playgrounds p p p
b. Hiking, biking, equestrian trails p p p
e. Greenways p p p
d. Golf courses C C C
e. Riding schools (equestrian) C C C
f. Commercial stables C C C
g. Country club and related uses C C C
-142-
Section 17.16.040
10. Preservation and use of Historic
Landmarks and related uses sueh as
museums, art galleries and foot services
to accommodate on-site uses. C C C
11. Flood control structures and facilities P P p
12. Light vehicle parking and storage in
areas substantially surrounded by
industrial uses. -- C C
13. Utility substations (related equipment
and structures) C C C
Sectic~ 17.16.040 Site Development Regutations
A. Site Dimensions~ Hei[~ht Limitations and Setbacks. Development standards such as
site dimensions, height limitations and setbacks shall be determined on a site-by-
site basis. Consideration shall be given to surrounding properties and
developments in order to blend and remain consistent with the area. Other
factors for determination of standards shall be topography, water/ drainnge,
circulation, use of site, and any other environmental factor related to the site.
B. Development Criteria. The following criteria is for the physical development of
land within each one of the open spaee districts.
1. ODen SDace District. Development within the open space district shall
adhere to the following criteria:
(a) Minimize alteration to the natural landform.
(b) Protect areas capable of replenishing ground water supplies.
(c) Protect the natural dra/nnge of the area.
(d) Protect waterways from indiscriminate erosion and pollution.
(e) Protect lands having biological significance, especially riparian
(water-related) areas and their associated woodland vegetation.
(f) Protect areas with significant native vegetation and habitat value.
(g) Protect natural areas for ecologic, educational, and other scientific
study purposes.
2. Flood Control Open Space District. All development and flood control
facilities shall comply with the following development criteria.
(a) Natural features such as trees, groves, and substantial physical
features are to be preserved, and wherever feasible. Natural
vegetation will be retained so as to anchor soil in place and prevent
erosion and sedimentation.
-143-
Section 17.16.040
(b) When removal of vegetation is necessary and grading is to be
undertaken it shall be done in a manner which will minimize soil
erosion. Seeding and mulching or other stabilization measures are to
be used to protect the disturbed land following construction.
(c) No top soil may be removed from the site except for that area to be
covered by improvements. The top soil from such areas is to be, if
practical, redistributed on the site to provide a suitable base for
seeding and planting.
(d) Any fill proposed to be deposited in the floodway must be protected
against erosion by riprap, vegetation cover or bulkheading. No fill
may be permitted which, acting alone or in combination with existing
or future uses, affects the capacity of the floodway or unduly
increases flood heights.
(e) Those criteria listed in Section 17.16.040-B.3 related to structures
shall be complied with.
(f) Any structures or land outside the FC/OS District which could be
subject to flood inundation, as depicted on the Federal Insurance
Flood Rate Maps or otherwise by the City Engineer, shall comply with
flood protection measures as outlined in Title 19 of the Rancho
Cucamonga Municipal Code.
(g) All structures sha]l be elevated to the level of the base flood.
(h) No structure shall constitute a debris-catching obstacle.
3. Utility Corridor/Open Space District. All developments within the UC/OS
District shall comply with the following criteria.
(a) Buildings shall not be designed nor used for human habitation, unless
expressly permitted by this chapter.
(b) Ali buildings shall be designed for compatibility with surrounding
development relative to materials, height, size, scale, and setbacks.
(c) Any development shall include provisions for landscaping, wind or
water erosion control, and screening, if necessary.
4. The City Planner may, through the development review process, require
additional improvements to a development in any one of the open space
districts, if it is needed for the protection of the public health, safety or
general welfare.
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Section 17.18.010
CHAPTSR 17.18
NU.L,qlDERE~IDENTIA~DI~TRICT
· leti~ 17.18.010 Purp~ ~d General Plan ~~
A. The p~po~ of the Hi~ide Re~denti~ District ~ to m~nt~n natur~ open space
eh~aeter, p~oteet nat~ l~d forms~ minimize erosion, p~ovide for pubic ~fety,
p~oteet water, flo~a~ and fa~a re~e~ ~d establish desi~ stand~ to pro.de
f~ ~mited development in h~mony with the envi~nment.
B. Th~ chapter p~o~d~ development pe~form~ee criteria for the major ~e~ of
concern. Following ~e the b~ie objectives ~o~ each of t~se ~eas, which ~e
~st~ in the Gene~ PI~. The development perfo~m~ e~iteria are b~ed on
these objectives.
1. Soil/Grading:
(a) Estab~sh p~r ~ m~agement tee~iques to reduce the adverse
effee~ of e~osion.
(b) Minimize ~terati~ of the l~dform in the f~th~ls.
(e) Protect nat~ ~dforms of eitywide si~ifie~ee.
2. P~e S~ety:
(a) R~triet struet~es ~d fae~ti~ f~m ~ol~e~y haz~dous ~eas.
(b) ~t~iet development in ~e~ with u~afe soft eon~tio~.
(e) Req~re ~olo~e o~ ~ en~neeri~ investigation for developments
p~p~ in speei~ geolo~e study ~e~.
(d) Require speei~ eonstrueti~ f~tures in the desi~ of struet~es
where site investigatio~ confirm potentiE geolo~e haz~ds.
(e) Require adequate water s~ply ~d pre~e for ~ p~p~ed
development in aeeord~ee with Foothi~ Fire District st~d~ds.
(f) Require fuel m~if/eation pro.ams.
(g) Bs~b~h minimum st~d~ fo~ fire safety with ~eg~d to aeee~ and
fire mitigation me~es.
3. Water:
(a) P~oteet ~d encee the eharaete~ of eree~ ~d eh~neM.
(b) Retain the nat~ ~ of the area ~ much ~ p~sible.
(e) Promote pro~ams to ~e~ve water.
(d) Protect waterways f~m ind~eriminate erosion and po~ution.
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Section 17.18.020
(e) Promote ground water recharge.
Animal and Plant Life:
(a) Help to preserve lands having biological significance especially
riparian (water related) areas and their associated woodland
vegetation.
(b) Maintain and reestablish, where feasible, natural vegetative
communities and dominant landscape elements unique to the City.
(e) Encourage retention of areas with significant native vegetation and
habitat value.
(d) Help to protect natural areas for ecologic, educational, and other
scientific study purposes.
5. Environmental Design:
(a) Protect and improve the scenic quality of the City.
(b) Design buildings to minimize adverse environmental impacts and
resource consumption.
(c) Use the relationship between built form and open space to strengthen
the image and identity of the City.
~elion 17.18.0~0 Use Regulatiom
A. The Hillside Residential District permits single residential dwellings either on
separate lots or clustered together in a buildable area along with accessory
structures only. Uses other than residential dwellings are deemed to be too
intensive and not consistent with the General Plan.
B. The maximum dwelling unit density may not exceed two units per net buildable
acre.
C. Environmental studies and investigations such as, but not limited to, geological,
hydrological, seismic, slope and soil conditions, access/circulation, and biota
research, shall be conducted for any development in this District. Based on this
information, the actual number of dwelling units shall be determined.
Determining the buildable area of a site must also meet the performance
development criteria in this chapter.
D. A precise site development plan showing lot layouts, access, street design,
building locations, building design, and grading, must be prepared in accordance
with the residential review procedures contained in Chapters 17.06 and 17.08, in
conjunction with any subdivision or development proposal in the Hillside
Residential District. All such proposals must comply with the design guidelines
and absolute policies in Chapter 17.08.
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Section 17.18.030 & Section 17.18.040
Section 1%18.030 Site Development aegulatiom
A. Minimum Parcel Size: No absolute minimum parcel widths and depths are
required. Buildable area is considered to be a contiguous area of the lot which is
less than thirty (30) percent in natural slope or the area determined through the
environmental studies and investigation ~.~ buildable.
B. Setbacks: Front, side and rear setbacks shall be determined based upon the
precise development plan and environmental studies.
C. Building Height: Dwellin~ and other accessory structures shah not exceed
thirty-five (35) feet in overall height.
D. Parking: See parking regulations contained in Chapter 17.12.
Section 17.18.040 ~ent Performance Standards
The following minimum performance standards are required for any development within
the Hillside Residential District. Necessary information shall be provided on or with the
precise development plan to determine compliance with these standards.
A. Soils/Grading
1. Grading of any site shall conform to the following grading standards, based
upon the percent of the natural slope.
(a) Less than 10%: Redistribution of earth over large areas may be
permitted. However, such grading shall not disrupt existing land
form, major drainage patterns, and areas of significant vegetation.
(b) 10% - 19.9%: Some grading may occur, but landforms must retain
their natural character. Padded building sites may be allowed, but
custom foundations, split level designs, stacking and clustering is
expected to mitigate the need for large padded building areas.
(c) 20% - 29.9%: Mass grading is not permitted. Special hillside
architectural and design techniques are expected in order to conform
to the natural land form.
(d) 30% - 39.9%: Development and limited grading can only occur in this
category if it can be clearly demonstrated that safety, environmental
and aesthetic impacts can be avoided.
(e) Greater than 40%: Development and grading is prohibited in this
slope category.
2. All graded areas shall be protected from wind and water erosion through
acceptable slope stabilization methods such as planting, walls, or netting.
3. The Friant Escondido and Ramona/Arlington soil associations are not
suitable for on-site wastewater disposaL Development not on public sewers
within areas generally defined as being either of these associations shall be
permitted only after site specific investigations have been conducted that
demonstrate the soils are suitable and the disposal of wastewater will not
degrade the subsurface water quality.
-147-
Section 17.18.040
4. The Tujunga-Delhi soil association may have soil bearing capabilities that
could limit some development. Structures proposed on this soil type should
be permitted only after a site specific investigation has been perfoemed that
indicates the soils ess adequately supDort the weight of the structure.
B. Public Safety
1. Fire Safety. The Foothill Fire P~otection District is responsible for
implementation of fire safety stssdards. The Fire District has designated
the hillside areas as a high fire hazard a~ea. As a result of this designation,
specific development standards are required to achieve adequate fire
safety. All developments in the Hillside ltesidential District, must comply
with the adopted standards of the Foothill Fire Protection District. In the
course of the review foe a project in the Hillside District, the Fire District
will be reviewing each project to determine complissee with fire safety
standards. The standards cover such items as but not limited to:
(a) Number of access points and street designs for each development;
(b) Driveway lengths and widths;
(c) Distances between dwellings;
(d) Fuel management piss;
(e) Water flow and fire hydrant requirements;
(f) Fire retatdant building materiaL~.
2. Geotechnieal
(a) Any develoment oe subdivision within the Alquist-Friolo '"Special
Studies Zone" oe City-adopted '~pecial Studies Zone" shall conduct a
geologic study in conformance with the requirements of the Zone.
This study shall be prepared by a certified engineering geologist.
(b) No structure for human occupancy, other than one-story wood frame
structures shall be permitted within 100 feet of an active or
potentially active fault t~aee. Wood frame structures for human
occupancy shall not be located within 50 feet of an active or
potentially active fault trace.
(e) No subdivisions, emergency facilities, community facilities, or places
of genaral public assembly shall be permitted within the Alquist-
Priolo Zone.
(d) All sttucttwes within the trace shall require the seismic features of
the structure to be reviewed and approved by a professional engineer
specializing in seismic/structural design.
(e) The Building Official may requite special construction methods of
structures where it has been determined to have potential geolngie
hazards.
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Section 17.18.040
(f) A statement shall be included on every deed for each lot within the
development, which informs the prospective owner of the potential
for seismic activity, and the potential hazards.
3. A complete circulation system shall be provided for any development to
provide for safe ingress and egress.
C. Water
1. On-site catch basins or siltation basins, as well as energy absorbing devices,
may be required as a means to prevent erosion as well as to provide for
ground water recharge.
2. Natural drainage courses should be protected froth, grading activity.
3. Where brow ditches are required, naturalize with plant materials and native
rocks.
D. Animal and Plant Life
1. Areas of a site which are identified in the environmental study as having
biologieal significance shall be preserved.
2. Natural vegetation shall be maintained wherever possible. If removal is
required, reestablishment of a compatible plant material will be required.
3. All exposed slopes and graded areas shall be landscaped with ground cover,
shrubs and trees.
4. Existing mature trees shall be incorporated into the project.
5. Water and energy conservation techniques shall be utilized, such as special
irrigation techniques (e.g., drip irrigation), drought tolerant plant species,
alluvial roekseape, etc.
6. Wherever possible, well adapted fire resistant native vegetation shall be
preserved and planted.
?. Introduction of landscaping within the hillside areas should make maximum
_use of texture, color, be capable of blending in with the natural landscape,
and help to soften the effects of buddings, walls, pavement and grading.
8. Screening along roadways should make maximum use of berming and
landscaping.
g. Design
1. DweLling units and structures shall be compatible with the natural
surroundings of the area and shall not dominate the natural environment.
2. Exterior finishes of dwelling units and structures should blend in with natural
surroundings by using earth tone colors and avoiding reflective materials or
finishes.
-149-
Section 17.18.040
3. Dwelling units and structures shall be sited in a manner that will:
(a) Retain outward views from each unit;
(b) Preserve or enhance vistas, particularly those seen from public
places;
~ (c) Preserve visually significant rock outcroppings, natural hydrology,
native plant materials, and areas of visual or historical significance.
4. In areas adjacent' to a ridgeline or in moderate slope areas, dwelling units
and structures should be sited to:
(a) Use the natural ridgeline as a backdrop fo~ structures;
(b) Use landscape plant materials as a backdrop~ and
(e) Use structure to maximize concealment of cut slope.
5. Retaining Walls/Fences
(a) Retaining walls shall be used in the following manner:
(1) Upslope - One wall per lot not exceeding eight (8) feet in
height.
(2) Downslope - One wall per lot not exceed 42" in height may be
used.
(3) Lots sloping with the street of access or other conditions - One
retaining wall on each side of the lot may be used not
exceeding 42" in height.
(4) Retaining walls adjacent to driveways - Walls being an integral
part of the structure may exceed eight (8) feet in height if
necessary.
(b) Exposed walls and fences facing roadways shall be no greater than
five (5) feet in height.
(c) Where retaining walls or fences face roadways, they shall be built,
when feasible, of natural materials indigenous to the Rancho
Cucamonga area (i.e., rock facing).
-150-
Sections 17.20.010 & 17.20.020
CHAFrER 17.20
OVERLAY DI~TRICT~
8eetiea 17.20.010 Purpose
The purpose of Overlay Districts is to establish development standards to address the
special or unique needs or eharacteristios of particular areas (e.g., fault zones, historical
districts, flood plains, hillsides) to assure a harmonious relationship between the existing
and proposed uses.
~eti~ 17.~0.020 Admi~tratic~
A. Authority
1. The City Council is authorized to adopt an overlay district only in
conjunction with a base district. When an overlay district is designated over
any district, the standards used for that site shall be as set forth in the
overlay district or the base district, whichever is more retrictive.
2. No overlay district shaU be established unless the Commission and Council
make, but not be Umited to, the foUowing findings:
(a) That the area for which an overlay district designation is proposed has
a unique character, identity or environment.
(b) That the unique character, identity or environment of the area for
which an overlay district is proposed would be preserved and enhanced
to the benefit of such area and the city as a whole by the provisions
set forth by the overlay district.
(e) That an overlay district is necessary to protect, preserve or enhance
the unique character or identity of the area for which an overlay
district is proposed.
(d) That an overlay district is necessary to protect the health, welfare
and safety of the public.
3. Each overlay district established shaU include, but not be limited to, the
following provisions to assure the preservation, enhancement or protection
of the unique character, identity or environment for which an overlay
district is established: use regulations, site development criteria,
performance standards, and design guidelines. In addition, a statement of
the purpose, definition of terms, applicability, review procedure and other
provisions deemed necessary by the City Attorney.
B. Establishment of District
Each overlay district estabUshed shall be indicated on the Districts Map by
appropriate abbreviated letters identifying the overlay district which shaU follow
the reference number identifying the base district.
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Section 17.20.030
C. Public Hearing
The Planning Commission and City Council shall hold a public hearing to consider
the adoption of any overlay district as prescribed in Section 17.02.110 Public
Hearings.
Section 17.20.030 Maste~ Plan Ove~L~ District
A. Purpose The purpose of the Master Plan Oerlay District is to establish procedures
to address the special or unique needs or characteristics of certain areas
designated by the General Plan or Specific Plans and to assure a harmonious
relationship between the existing and proposed use, and to coordinate and promote
the community improvement efforts of both private and public resources.
B. Api)lieability
1. AH areas specially designated as Master Plans on the Land Use Plan of the
General Plan shall be considered areas where preparation of a Master Plan
shall be considered mandatory.
2. All development within a Master Plan Overlay District shall comply with the
Master Plan as approved by the Planning Commission.
3. There shall be no minimum or maximum area requirement for a Master Plan
Overlay District.
4. Responsibility for preparation of a Master Plan shall lie with the property
owners within a Master Plan Overlay District or the first developer.
C. Administration
1. Establishment of Overlay District. The Master Planned District may be
applied in combination with any development district pursuant to Section
17.02.060, Amendments. A Master Plan Overlay District shall be designated
upon the Development District Map, by adding the letter "MP" after the
reference number identifying each base district, for all areas designated by
the General Plan as requiring a Master Plan.
2. Master Plan Requirements. Applications for a Master Plan shall be filed
with the Planning Division in a manner prescribed by the City Planner, but
not limited to the following:
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Section 17.20.040
(a) Discussion of the existing site conditions, environmental constraints
and propesed land uses.
(b) Conceptual plans for circulation and drainage.
(c) An implementation plan indicating responsibility for and phasing of
necessary improvements.
(d) Graphics to illustrate the Master Plan concepts.
(e) Conceptual subdivision layout for the Master Plan area.
/~etioli 17.20.040 Sefxior Houdng O~erla~ District
A. Purpose The Senior Housing Overlay District is intended to facilitate the
construction of affordable rental housing units that will serve the current and long
term City need for affordable senior citizen oriented dwelling units while
maintaining a high degree of quality in project design and construction. The
District is further intended, by offering various development incentives, to make
the development of senior citizen oriented affordable units attractive to potential
developers while at the same time providing assurances to the City that units
developed by use of the incentives offered as part of the Overlay District, remain
available and affordable to the target group intended - senior citizens of low and
moderate incomes.
B. Establishment The Senior Housing Overlay District may be applied in combination
with residential districts pursuant to Chapter 17.02.060 Amendments. A Senior
Hous/ng Overlay District shall be indicated on the Development District Map by
the letters "SI-I" after the reference number identifying the base district.
C. Ter[~et Population
1. The primary resident population group that is intended to be served by the
units constructed through use of incentives offered as part of the Senior
Housing Overlay District are senior citizens who meet the following criteria:
(a) For tenants, residents, or occupants who are married to each other,
either spouse shall be fifty-five (55) years of age or older.
(b) For individuals who are not married, each individual shall be fifty-five
(55) years of age or older.
(c) In addition to the age restrictions set forth in subparagraphs a and b
above, any individual or married couple who wish to occupy or reside
in the Project shall have and maintain an annual income from all
sources equal to or less than eighty percent (80%) of the median
income for persons or couples within the County of San Bernard/nc as
currently defined by the Federal Department of Housing and Urban
Development.
D. Applicability The Senior Housing Overlay District requires the presence of
certain conditiom before it can be applied for or attached to a specific parcel of
land. In order to adequately and satisfactorily serve the target population that
this District has been created to serve, any proposed project site must
demonstrate the following conditions and features:
-153-
Section [7.20.040
1. Appropriate base district zoning.
2. Land uses in the immediate and surrounding area, current and projected,
must be compatible with the living environment required by senior citizens
and must be free of health, safety, or noise problems (i.e., area generally
quite).
3. Area infrastructure must be in place or ~nstructed as part of the project
and capable of serving the proposed project including:
(a) streets
(b) sidewalks
(c) traffic/pedestrian signals
4. Proposed site topography must be fairly level and easily tranversed by
persons of limited mobility.
5. Proposed site must demonstrate proximity to commercial establishments,
service providers, and other amenities including:
(a) food shopping
(b) drug stores
(c) banks
(d) medical and dental facilities
(e) public transit (main or frequently served routes)
(f) open space/recreational facilities
E. Development Incentives In order to reduce development costs associated with the
construction of housing oriented toward senior citizens of low and moderate
income, the city is prepared to offer a developer some or all of the following
incentives, depending upon the quality, size, nature, and scope of the project
proposed.
l. Reduction In Required On-Site Parking: The City will grant a reduction in
required on-site parking down to a minimum ratio of .7 non-covered parking
spaces per unit.
2. Dwelling Unit Density Bonus: In order to maximize net yield per acre, the
City will consider increasing the allowable project density by either granting
a 2596 density bonus to the project site's existing density category (pc?
California Government Code Section 65915), or by granting a request for ~
change in density range (per the City's General Plan), or both depending upon
the quality, size, nature, and scope of the project.
3. Fee Waivers/Reductions: Projects submitted under the Senior Housing
Overlay District may receive, depending upon their size, nature, and scope, a
reduction or waiver of some or all City imposed development submittal and
processing fees. Such reductions of waivers may affect the following fee
schedule:
(a) Planned Development
(b) Park Fees
-154-
Section 17,20.050
(c) School Fees (when applicable)
(d) Other Fees (where applicable)
Fee reductions or waivers are subject to negotiation between the City and
the project developer and will be granted based upon that amount of
reduction or waiver necessary to place per unit monthly rental costs in the
range affordable to the target population.
F. City/Developer Agreement: Development incentives granted by the City to a
developer using the Senior Housing Overlay District are predicated upon the long
term availability and affordability of the units for the target population previously
defined. In order to ensure that the units remain available and affordable to this
group, the developer will be required to enter into a Development Agreement with
the City per California Government Code Section 65864 through 65869.5.
G. Administrative Guidelines: The City shall establish a process and such
Administrative Guidelines as it shall deem necessary in order to implement the
provisions of the Senior Housing Overlay District.
Seetien 17.20.050 8questrian Overlay District
A. PurL)ose. The general purpose of this district is to designate an area of the City to
keep equine, bovine and cleft-hoofed animals. In addition, the following outlines
more specific purposes and intents of this District:
1. This designation is intended to p~oteet the ability to maintain such animals;
2. This District is intended to promote a "rural/farm" character in an urban
setting;
3. This District recol~nizes and encournges the educational values derived from
raising and maintaining such animals; and
4. This District reeoKflizes the recreational value derived from raising and
maintaining such animals.
B. District Boundaries. In addition to the a~ea designated in the Etiwanda Specific
Plan, land located generally north of Banyan Avenue, beginning at the west City
limits and going east to the future lcoation of Milliken Avenue, shall be included
in the Equestrian Overlay District and as shown on the Development District Map.
C. Trails. Ail new developments within this District shall be required to provide
trails (community or local) in accordance with the adopted trails map of the
General Plan. These trails shall be provided in order to develop or connect
discontinuous trails for needed access to recreational amenities such as the
National Forest, equestrian facilities, regional parks and trails and community and
local trails. All trails shall be developed in accordance with the City adopted
"Equestrian Trail Guidelines". In addition, development of any trails shah include
provisions for continuous maintenance.
-155-
Section 17.20.050
D. Animal Regulations. The number, type and location of animals are listed in
Chapter 17.08 of this Code. The keeping of animals in this District shall be
consistent with these regulations. Within this District, subdivision CC&R's shall
not prohibit the keeping of such animals, where the requirements for the keeping
of said animals have been met.
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