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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does ordain as follows: SECTION 1: That the Interim Zoning Ordinance, and all amendments thereto, are hereby repealed. SECTION 2: The following sections of the San Bernardlno County Code, previously adopted by reference, are hereby repealed: (a) 61.021 through 61.029C, inclusive; (b) 61.0210 through 61.0219P, inclusive; (c) 61.0220 through 61.0223, inclusive. SECTION 3: The following chapters of the San Bernardino County Code, previously adopted by reference, are hereby repealed in their entirety: (a) Chapter 3.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 SECTION 4: Title 17 of the Rancho Cucamonga Municipal Code is hereby repealed, with the exception of Chapter 17.16, Condominium Conversions, which shall be renumbered as Chapter 17.22. SECTION 5: The following sections of the Rancho Cucamonga Municipal Code are hereby repealed: (a) 1.08.090.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. -11- 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. -14- 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. -15- 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. -16- 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. -18- 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. -19- 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. -20- 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. -21- 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. -22- 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. -23- 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. -24- 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. .:... :,,, . ,~ ~, ~--./, ,/,~-~,~,, W~./ 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. -25- 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. -26- 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. -28- 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. -29- 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. -30- 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. -31- 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. -32- 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. -33- 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. -34- 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. -36- 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. -37- 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 -102- 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. -103- 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. -114- 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. -115- 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. -116- 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. -117- 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. -118- 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. -119- 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. -120- 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. -121- 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. -122- 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' -123- 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. -124- 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. -125- 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. -126- 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. -128- 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. -144- 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. -145- 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. -146- 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. -148- 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. -151- 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: -152- 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. -156-