HomeMy WebLinkAbout123 - Ordinances ORDINANCE NO. 123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, AMENDING THE RESIDENTIAL PARKING,
PLANNED DEVELOPMENT, AND ADMINISTRATION SECTIONS
OF THE INTERIM ZONING ORDINANCE.
Ordinance No. 123
Page 2
SECTION 1: The City Council of the City of Rancho Cucamonga does
ordain as follows:
61.024A R-1 DISTRICT
The following regulations shall apply in R-1 Single-family Residence
Districts:
(a) GENERAL USES PERMITTED:
(1) One-family dwelling on each lot.
(2) Truck gardening, tree farming, nurseries and greenhouses
used only for the propagating and cultivating of plants, provided that:
(A) Retail sale from the premises of such products or
comodities raised on the property shall be permitted only on lots having
an area of at least twenty-thousand square feet, excluding retail nursery
and sale of livestock, poultry and rabbits.
(3) Small livestock, cows, goats and fowl may be kept on
areas of five (5) acres or more prior to residential use, subject to the
following limitations:
(A) One (1) cow or two (2) goats for each one (1) acre
in area of the parcel of land on which the same are kept, or one-hundred
(100) fowl for each one-quarter (4) acre in area of the parcel of land
on which same are kept; and further that such animals or fowls be kept
at least fifty (50) feet from front property line, and seventy (70) feet
from buildings used for human habitation, public parks, schools on
adjoining lots or parcels.
(4) Cats and dogs. Not to exceed the keeping of two (2) cats
and/or two (2) dogs.
(5) Public and private uses as follows shall be permitted if
a conditional use permit is approved, as provided in Section 61.0219(0).
(A) Civic or community clubs.
(B) Country clubs, including the incidental serving of
alcoholic beverages, together with golf courses, excepting miniature
courses and similar commercial enterprises. (Am. Ord. 1413.2/26/68)
(C) Fire and police stations.
(D) Schools, excluding colleges or universities.
(E) Churches, excluding rescue missions or temporary
revival.
(F) Cemeteries.
(G) Museums not operated for profit.
(H) Parks and playgrounds.
(I) Electrical distribution substations. (1413.2/26/68)
(J) Social Care Facilities for a total of seven (7) or
more persons, excluding operator, operators, family and/or staff.
(K) Conference Center, including incidental serving of
alcoholic beverages. (Am. Ord. 1413.2/26/68)
(L) Lakes Private.
(b) ACCESSORY USES, BUILDINGS AND STRUCTURES PERMITTED:
(1) Guest house (bathroom plumbing only).
(2) Private garage with space for maximum of four (4) cars.
(3) Home occupation pursuant to Ordinance 72 of the City of
Rancho Cucamonga.
(4) The keeping of horses (private stables) on lots of twenty-
thousand (20,000) square feet and over in area. The number of horses
permitted on any lot or parcel being limited to one (1) horse for each
ten-thousand (10,000) square feet of lot area up to a total of six (6)
horses. An educational animal project shall be permitted as a substitute
for horses. The following number of animals shall be permitted as a
project:
MAXIMUM
PERMITTED ANIMALS NUMBER
One bovine per 20,000 sq. ft. or . .. ..........3
Two calves per 10,000 sq. ft. or . .. ..........9
Two sheep per 10,000 sq. ft. or .. .. ...... ....9
Two goats per 10,000 sq. ft. or .... ........ ..9
Ordinance No. 123
Page 3
Combinations of the above-listed animals shall be permitted
provided the total density shall not exceed that herein specified,
except in the case of young animals born to the project animal, which
may be kept in the R-1 District until such animals are weaned.
The keeping of an educational animal project shall be subject
to the following: A permit issued by the Department of Community
Development as provided on forms available in the Planning Division
Office. The educational animal project shall be kept only on an improved
and occupied lot or parcel.
"Educational Animal Project" for the purposes of this provision
shall mean an animal-husbandry activity which is part of an educationally
oriented youth program or organization.
(A) Such animals shall be kept at lease seventy (70)
feet from buildings used for human habitation, public park, school,
hospital or church buildings on adjoining lots or parcels, and shall
maintain a clearance of at least five (5) feet from interior side and
rear property lines and fifteen (15) feet from side street rights-of-
way, excepting an alley or bridle path, unless the animals are confined
by a five (5) foot chain link fence or a five (5) foot wood fence with
horizontal members no more than six (6) inches apart. Which fence may
be located on an interior side or rear lot line and fifteen (15) feet
from a side street right-of-way. The area of human habitation shall not
include cabanas, patios, attached or detached private garages or storage
buildings.
EXCEPTION: Those parcels of land upon which a use of
keeping and maintaining a horse, or horses, has been established prior
to the date of construction of a building used for human habitation
located on a neighboring parcel, regardless of any other provisions of
this Code, shall have applicable to them a nonconforming use right
pursuant to Section 61.0219(e). Such nonconforming use right shall be
only that a horse or horses may be kept at a minimum of fifty (50) feet
from buildings used for human habitation on adjoining lots or parcels
providing the following are complied with:
(I) Shall maintain a clearance of at least five
(5) feet from interior side and rear property lines.
(II) Shall maintain a clearance of fifteen (15)
feet from side street rights-of-way, excepting an alley or bridle path.
(III) Fencing located within the seventy (70) foot
setback area pursuant to Section 61.024A(b)(5)(A) which is used specifically
for the confining of horses shall be five (5) feet in height and constructed
of solid wood, masonry or other appropriate screening materials. Otherwise
the fencing and the keeping of horses shall comply with Sections 61.024A
(b)(5)(B) and 61.024A(b)(5)(C).
(B) The location of corrals, fenced enclosures, barns,
stables, stalls and similar enclosures used to confine horses shall
conform to the clearances as set forth in paragraph (A) above the Section
61.0219(k). Street Setback Regulations. Whenever the words "keeping" or
"kept" are used in this section, it shall mean and include maintaining,
grazing, riding, leading, exercising, tying, hitching, stabling and
allowing to run at large. The foregoing, however, shall not preclude
the riding or leading of horses to or from the premises in order to gain
access to a bridle path, alley or street.
(C) Fences shall maintain a height of at least five (5)
feet and shall be of such construction as to preclude the escape of
(5) A temporary sales office may be located in a subdivision
developed in accordance with the Subdivision Code, subject to a valid
temporary occupancy permit. Said sales office may be used only for
conducting the necessary activities related to the ipitial sale or
initial lease of the land and/or structures located within the subdivision
in which the sales office is located, or such adjacent subdivisions that
are a part of or a continuation of the same development.
Prior to the establishment of such sales office, an
application for temporary occupancy permit shall be filed with the
Planning Division. After receipt of such application, the City Planner
Ordinance No. 123
Page 4
shall issue a valid temporary occupancy permit for a period not to
exceed twelve (12) months from the date of approval of the temporary
occupancy permit. Extensions of time for a maximum of twelve (12) more
months may be granted by the City Planner, providing the following
conditions are met:
(A) Application for extension and a payment of the
required filing fee, as established by a City Council, must be filed
prior to the expiration of the temporary occupancy permit.
(B) The applicant must show that circumstances beyond
his control have caused unusual delays.
(C) The City Planner determines that the continued use
of the sales office will not constitute a nuisance or be objectionable
to the residential uses in the neighborhood.
The temporary occupancy permit shall be permanentiv
displayed in the sales office.
The temporary occupancy permit may be subject to such
conditions as the City Planner may require which will assure that at its
expiration, the sales office will be removed and the premises restored
to a condition in compliance with the provisions of the zone in which it
is located.
(6) Social Care Facilities that will accomodate up to and
including six (6) cared - for persons, excluding operator, operators,
family and/or staff.
(c) SIGN REQUIREMENTS: See Ordinance 65.
(d) PARKING REQUIREMENTS: Automobile parking requirements as
provided in Section 61.0219(b).
(e) HEIGHT LIMITATIONS: Building or structures and the enlargement
of any buildings or structures shall be hereafter erected or maintained
not to exceed two and one-half (212) stories or thirty-five (35) feet in
height.
(f) MINIMUM AREAS AND DIMENSIONS OF LOTS: Lot Size (in sq. ft.)
(in ft.) (in ft.) Setbacks (in feet)
Lot Size Corner Min. Min. Front Side Street Rear
(in sq.ft.) lot Width Depth Yard Yard Side Yard Yard Cover
7200-8500 70 60 100 25 5/10 15 20 40
10000-15000 80 80 100 25 5/15 15 25 30
20000 100 90 135 30 ** 15 35 25
(1 AC) 43,560 120 120 160 30 20/20 20 40 25
**15' on one side with both setbacks to average 25' but in no case be
less than 5'.
All dimensions are to be measured after dedications have been subtracted
in accordance with the adopted circulation Element Plan map and the City
Engineer.
(1) Each lot or parcel on a dead-end street, cul-de-sac, or
on a curved street lot width at the required front yard shall meet the
minimum lot width of the zone.
(2) Where a minimum area requirement greater than the seven-
thousand-two-hundred (7,200) square feet required in requested and
established in the district, it shall be designated by a number following
the district designation symbol, numbers less than one-hundred (100)
indicating acres, and numbers more than one-hundred (100) indicating
minimum square feet of area required per lot.
(3) Lot coverage shall include all buildings and accessory
buildings and structures.
(4) A forty (40) percent reduction in the required front yard
for the dwelling may be allowed on one-half N of the lots within a
subdivision so long as the minimum setback from the ultimate right-of-
way or property line is twenty (20) feet to the garage or carport.
Ordinance No. 123
Page 5
(5) On each lot within the R-1 zone there shall be a 10' side
yard free and clear to the sky with less than 2% slope.
(6) The minimum lot width on a cul-de-sac, knuckle or curved
frontage lot shall be (40) forty feet.
(7) Variable lot sizes may be permitted, less than the minimum
square footage of the zone, on twenty-five (25) percent of the lots
within a subdivision, however in no case shall variable lot sizes be
reduced below the minimum in the R-1-20000 or R-1-1 zones. In all cases
the minimum lot widths and depths shall be met.
61.024B HELD IN RESERVE
61.024D R-2 DISTRICT
The following regulations shall apply in R-2. Two-family Residence
Districts:
(a) GENERAL USES PERMITTED:
(1) Same as R-1 District (Section 61.024 A(a)(1) through
61.024 A(a)(4).)
(2) Two-family dwellings or two one-family dwellings of a
permanent nature on each lot.
(3) Public and private uses, as allowed by Section 61.024A(a)(5),
shall be permitted if a conditional use permit is approved as provided
in Section 61.0219(0).
(A) Mobilehome parks on parcels of ten (10) acres or
more with a maximum density of six (6) units per acre. The Planning
Commission, in approving a conditional use permit, shall designate such
lawful conditions in connection therewith as will require that the
mobile home park be compatible with the adjacent low-density residential
uses. These conditions may include, but not be limited to:
(I) The provisions of comparable street setbacks
to those existing on adjacent residential properties.
(II) Provide for the completion of stubbed-off
streets from adjacent residential subdivision.
(III) Provide for the diversion of mobilehome park
drainage away from the adjacent residential developments.
(IV) Provide for the diversion of mobilehome park
automobile traffic away from adjacent residential developments.
(V) And such conditions as will make possible the
development of the neighborhood in an orderly and efficient manner and
in conformity with the intent and purpose set forth in this section.
(b) ACCESSORY USES PERMITTED:
(1) Guest House (bathroom plumbing only).
(2) Private garage with space for maximum of 4 cars.
(3) Home Occupation pursuant to Ordinance 72 of the City of
Rancho Cucamonga.
(4) A temporary sales office may be located in a subdivision
developed in accordance with the Subdivision Code, subject to a valid
temporary occupancy permit. Said sales office may be used only for
conducting the necessary activities related to the initial sale or
initial lease of the land and/or structures located within the subdivision
in which the sales office is located, or such adjacent subdivisions that
are a part of or a continuation of the same development.
Prior to the establishment of such sales office, an
application for occupancy permit shall be filed with the Planning Division.
After receipt of such application, the City Planner shall issue a
temporary occupancy permit for a period not to exceed twelve (12) months
from the date of approval of the temporary occupancy permit. Extensions
of time for a maximum of twelve (12) more months may be granted by the
City Planner providing the following conditions are met:
(A) Application for extension and a payment of the
required filing fee, as established by the City Council, must be filed
prior to the expiration of the temporary occupancy permit.
Ordinance No. 123
Page 6
(B) The applicant must show that circumstances beyond
his control have caused unusual delays.
(C) The City Planner determines that the continued use
of the sales office will not constitute a nuisance or be objectionable
to the residential uses in the neighborhood.
The temporary occupancy permit shall be permanently
displayed in the sales office.
The temporary occupancy permit may be subject to such
conditions as the City Planner may require which will assure that at its
expiration, the sales office will be removed and the premises restored
at its expiration. The sales office will be removed and the premises
restored to a condition in compliance with the provisions of the zone in
which it is located.
(c) PARKING REQUIREMENTS: Same as R-1 District.
(d) HEIGHT LIMITATIONS: Same as R-1 District.
(e) MINIMUM AREAS AND DIMENSIONS OF LOTS:
(1) Each lot or parcel shall have a width of not less than
seventy (70) feet at the building setback line, a depth of not less than
one-hundred-ten (110) feet, and a net area of not less than eight-
thousand (8,000) square feet.
(2) Each lot or parcel on a dead-end street, cul-de-sac, or
on a curved street lot width at the required front yard shall be seventy
(70) feet.
(3) All buildings and structures including accessory buildings
and structures on any lot, shall occupy not more than forty percent
(40%) of the area of such lot.
(4) Where a minimum area requirement greater than the eight-
thousand (8,000) square feet required is requested and established in
this district, it shall be designated by a number following the district
designation symbol, numbers less than one-hundred (100) indicating
acres, and numbers more than one-hundred (100) indicating minimum square
feet of area required.
(5) Where a lot has four-thousand-five-hundred (4,500) square
feet of area or less and was of record at the time the ordinance adopting
this section became effective, said lot may be occupied by a one-family
dwelling and accessory buildings only.
(6) The minimum lot width on a cul-de-sac, knuckle or curved
frontage lot shall be forty (40) feet.
(f) FRONT YARD REQUIRED: Twenty-five (25) feet from the ultimate
right-of-way.
(g) INTERIOR SIDE YARD REQUIRED: Five (5) feet on one side, Ten
(10) feet on the opposite side.
(h) REAR YARD REQUIRED: Twenty (20) feet from the ultimate right-
of-way.
(i) SIDE STREET YARD REQUIRED: Fifteen (15) feet from the ultimate
right-of-way.
(j) DISTANCE REQUIRED BETWEEN MAIN BUILDINGS: The distance
between main buildings on the same lot shall be at least ten (10) feet.
61.024E R-3 DISTRICT
The following regulations shall apply in R-3 Multiple-family Residence
Districts:
(a) GENERAL USES PERMITTED:
(1) Uses permitted in the R-1 District as listed in subsections
61.024A(a)(4,5).
Ordinance No. 123
Page 7
(2) Multiple dwellings of a permanent nature on each lot for
sale or rent.
(3) Boarding and lodging house.
(4) Public and private uses as follows shall be permitted if
a conditional use permit is approved as provided in Section 61.0219(0).
(A) Colleges and universities.
(B) Private schools.
(C) Fraternity and sorority houses, lodges and private
clubs except those whose chief activity is a service customarily carried
on as a business.
(D) Churches, excluding rescue missions or temporary
revival.
(E) Philanthropic and charitable institutions.
(F) Mobilehome parks on parcels of ten (10) acres or
more with a maximum density of eight (8) units per acre. The Planning
Commission in approving a conditional use permit shall designate such
lawful conditions in connection therewith as will require that the
mobilehome park be compatible with the adjacent low-density residential
uses. These conditions may include, but not be limited to:
(I) The provisions of comparable street setbacks
to those existing on adjacent residential properties.
(II) Provide for the completion of stubbed-off
stree! from adjacent residential subdivision.
(III) Provide for the diversion of mobilehome park
drainage away from the adjacent residential developments.
(IV) Provide for the diversion of mobilehome park
automobile traffic away from adjacent residential developments.
(V) And such conditions as will make possible the
development of the neighborhood in an orderly and efficient manner and
in conformity with the intent and purpose set forth in this section.
(b) ASSESSORY USES:
(1) Those uses permitted pursuant to Section 61.024A(b).
(c) PARKING REQUIREMENTS: See Section 61.0219(b).
(d) LOADING SPACE REQUIREMENTS: Loading space to be provided in
accordance with Section 61.0219(b).
(e) HEIGHT LIMITATIONS: Building or structures and the enlargement
of any buildings or structures shall be hereafter erected or maintained
not to exceed three and one-half (3-�) stories or forty-five (45) feet
in height. However in no case, shall the height of said structures or
buildings exceed twenty (20) feet or two (2) stories within one-hundred
(100) feet of a single-family (R-1) zone or a special boulevard as
designated on the adopted Land Use Plan Map for the City of Rancho
Cucamonga.
(f) MINIMUM AREAS AND DIMENSIONS OF LOTS:
(1) Each interior lot or parcel shall have a width of not
less than eighty (80) feet at the building setback line, a depth of not
less than one-hundred (100) feet, and a net area of not less than eight-
thousand (8,000) square feet.
(2) Corner lots or parcels shall have the same width at the
building setback line and the same depth.
(3) Each lot or parcel on a dead-eand street, cul-de-sac, or
on a curved street where the side lines thereof are diverging from the
front to the rear of such lot or parcel, shall have a width of not less
than eighty (80) feet, measured along the building setback line established
by the required front yard for the main building and between the side
lines of such lot or parcel.
(4) Each lot or parcel on a curved street w the side
lines thereof are converging from the front to the rear .,uch lot or
parcel, shall have an average width of not less than ei_ (80) feet.
Ordinance 123
Page 8
(5) All buildings including accessory buildings and structures
on any lot, shall occupy not more than sixty percent (60%) of the area
of such lot.
(6) Where a minimum area requirement greater than the eight
thousand (8,000) square feet required is requested and established in
the district, it shall be designated by a number following the district
designation symbol, numbers less than one-hundred (100) indicating acres
and numbers more than one-hundred (100) indicating minimum square feet
of area required.
(7) Where a lot has four-thousand-five-hundred (4,500) square
feet of area or less and was of record at the time the ordinance adopting
this section became effective. Said lot may be occupied by no more than
two (2) family unit(s).
(8) The ordinance creating or extending an R-3 District may
limit the density of residential units. A figure in parenthesis before
the district designation symbol shall mean that the total lot area in
terms of square feet divided by the number of dwelling units placed
thereon shall be not less than said figure (Am. by Ord. 1228. Ad 4/26/65) .
(9) The minimum lot width on a cul-de-sac, knuckles or curved
frontage lot shall be forty (40) feet.
(g) FRONT YARD REQUIRED: Twenty-five (25) feet from ultimate
right-of-way.
(h) INTERIOR SIDE YARD REQUIRED: Interior side yards on each side
of each lot shall be not less than ten feet in width.
(i) REAR YARD REQUIRED: Rear yards shall be at least twenty (20)
feet in depth.
(j) DISTANCE REQUIRED BETWEEN MAIN BUILDINGS:
(1) Fifteen (15) feet, except where;
(2) Buildings front to front and where arranged around an
open court shall be thirty (30) feet.
(k) SIDE STREET YARD REQUIRED: Fifteen (15) feet from the ultimate
right-of-way.
(1) OPEN SPACE REQUIRED: Each multiple dwelling unit shall be
provided with a minimum of 100 square feet of open space in a patio,
deck, atrium or other similar area.
61.0216 PD (PLANNED DEVELOPMENT) COMBINING DISTRICT
(a) PURPOSE: It is the intent of this section to achieve development
superior to that which can be achieved through the application of conventional
development standards. Specifically, the purposes of this section are:
(1) Greater administrative flexibility in reviewing development
plans.
(2) Minimum disruption and maximum utilization of natural
site resources.
(3) The allowance of mixed residential land uses where desirable
and compatible.
(4) The encouragement of diversity in housing types, styles
and price ranges.
(b) SCOPE:
(1) The Planned Development is intended to be a combination
of Development review and zoning. The zone change, development review
analysis shall be conducted and reviewed simultaneously with necessary
hearings on the zone change and development review held concurrently.
(2) The maximum density of a Planned Development project
shall be determined by the general plan for the particular property.
Crcnance No.
Pa€;e 9
(3) The adequacy of the development proposal in meeting the
requirements of this section shall be determined by the Planning Commission.
(4) Unless specifically changed within this section, all
adopted City ordinances, standards and policies apply to a Planned
Development project, including those set forth in the Rancho Cucamonga
General Plan.
(c) DEFINITION: For the purpose of this section, the following
words and phrases shall have the meaning indicated:
(1) "Homeowners Association". A private organization composed
of residents within the Planned Development project w1,, ,h may own common
property and shall be responsible for the maintenance :d management of
commonly owned property.
(2) "Open space". The total area of land and/or water within
boundaries of a Planned Development designed and intended for use and
enjoyment as open-space areas.
(A) Open space includes:
(I) Area of the site not covered by buildings,
paved areas, or accessory structures except recreational structures.
(II) Land which is accessible and available to all
occupants of dwelling units for which use the space is intended.
(B) Open space does not include:
(I) Proposed and existing street rights-of-way and
private streets.
(II) Open parking areas, driveways.
(III) School sites.
(IV) Commercial, industrial, or office areas and
the buildings, accessory buildings, parking and loading facilities
thereof.
(3) 'Open space, common". Open space within a Planned Development
owned, designed and set aside for use by all occupants of the Planned
Development or by occupants of a designated portion of the Planned
Development. 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.
(4) "Open space, private". That open space directly adjoining
the living areas of dwelling units, which is intended for the private
enjoyment of the residents of the dwelling unit. Private open space
shall in some manner be defined such that its boundaries are evident.
(5) "Planned Development". An area of land, controlled by
the applicant to be developed as a single, unified project which meets
the standards, regulations, criteria and intent set forth in this section.
(6) "Project". The total Planned Development area, with
boundaries as defined in the development plan.
(7) "Private streets". Shall mean the streets and roads
within the project, used for general travel, not dedicated to the public
and shall not be construed to mean driveways, alleys or parking areas.
(d) APPLICABILITY:
(1) In making an application for a Planned Development the
applicant must show the following:
(A) The property in question shall be comprised of five
(5) gross contiguous acres or more.
(e) GENERAL USES PERMITTED: Any use shall be permitted in the
Planned Development District which is indicated by the base district for
the subject property; in addition the following uses shall be permitted:
(1) Condominiums.
(2) Zero-lot line homes i.e., dwelling units with no setback
on one side yard or one side yard and one rear yard.
(3) Patio homes i.e., detached dwelling units having private
open space and attached garages.
(f) ACCESSORY USES PERMITTED:
(1) All accessory uses permitted in the base District shall be
permitted in the Planned Development.
Ordinance No. 123
Page 10
(2) Horses shall be permitted on lots twenty-thousand (20,000)
square feet or greater subject to the regulations of the R-1 zoning
district. Where lots are less than twenty-thousand (20,000) square
feet, horses shall be permitted subject to the following conditions:
(A) Horses shall be clustered onto common lots.
(B) The maximum density of horses shall not exceed three
and two-tenths (3.2) horses per gross acre.
(C) All standards and regulations of the San Bernardino
Department of Environmental Health Services and the City of Rancho
Cucamonga shall apply.
(D) Maintenance and management of the clustered facilities
shall be provided by a Homeowners Association.
(g) CIRCULATION:
(1) The vehicular circulation pattern shall be designed such
that:
(A) It provides adequate vehicular access to and within
the project in accordance with adopted City standards.
(B) It is coordinated with external transportation
networks in terms of location and loads.
(C) It is integrated with the natural landscape.
(D) It is designed such that noise levels from vehicular
traffic shall comply with the Noise Quality Standards of the City of
Rancho Cucamonga General Plan.
(E) The Planned Development project and each phase
thereof, has two (2) points of vehicular ingress and egress from surrounding
streets, one (1) of which may be emergency only. Where the applicant
can show that this is a physical impossibility, this requirement may be
waived by the Planning Commission.
(F) Private streets are acceptable if they are built to
City Standards.
(2) The pedestrian-circulation pattern shall be designed such
that:
(A) It is separated from vehicular traffic where possible
and designed to discourage pedestrian crossing o- `he vehicular network,
except at controlled points which are designed I .: pedestrian safety.
(B) Hard-surfaced, safely lighted pedestrian access to
common open space, recreational areas, community facilities and other
logical terminal points shall be provided.
(3) All common off-street parking areas shall be designed
such that:
(A) They provide adequate, convenient, well-marked, and
safely lighted parking.
(B) With the exception of building-enclosed parking
structures, they shall contain appropriate landscaping to minimize the
effect of large areas of asphalt or concrete. Parking requirements are
listed in Section 61.0219(b)
(h) OPEN SPACE:
(1) The Planned Development project shall have a minimum of
forty percent (40%) private and common open space, not including balcony
area.
(2) Each dwelling unit shall have a minimum contiguous private
open-space area as follows:
(A) Ground Floor - two hundred-twenty five (225) square
feet.
(B) Upper-story dwelling unit with no ground floor -
one-hundred (100) square feet.
(3) Provisions for the maintenance and management of the
common open space and common facilities shall be reviewed and approved
by the Planning Commission. Such approval shall be based on the following
criteria:
Ordinance No. 123
Page 11
(A) The applicant shall obtain City Council approval for
establishment of a Homeowners Association prior to the selling of any
lot or occupancy of any dwelling unit.
(i) SITE RESOURCE UTILIZATION:
(1) The Planned Development shall be designed and developed
in such a manner as to minimize the cutting of trees, the disturbance of
ground cover, cut—and—fill work, drainage alteration and hillside development.
All tree removals shall be in accordance with City tree removal permit
procedures.
(2) A drainage analysis shall be prepared and shall accompany
the Development Plan.
(j) SITE AND STRUCTURE RELATIONSHIP:
(1) The spacing of buildings shall be governed by the building
code requirements for adequate light and air, proper access, fire regulations,
and the need for visual and auditory privacy.
(2) Whenever possible, dwelling units shall be arranged to
take advantage of views and vistas with consideration given to pleasing
relationships of building mass.
(3) The Planned Development shall be designed to minimize the
likelihood of criminal activity by:
(A) Minimizing those areas that are neither clearly
private or public.
(B) Planting landscaping such that maximum observation
is obtained while providing the desired degree of aesthetics.
(4) Building height is regulated by the base district.
(5) No structure for human habitation shall be placed in an
environmentally hazardous, fragile, or unique area.
(6) Front and side setbacks required where applicable shall
be those of the base district and shall be landscaped except where
utilized for drives or access. In the event of varying side yard setbacks
the greater setback shall be required. In the event of zero lot line
homes and/or patio homes the greater side yard setback shall be required.
(k) SUBMITTAL ITEMS: The applicant shall submit all information
required on the Development Submittal Forms with any additions as determined
by the City Planner to be necessary to delineate the proposal.
(1) DEVELOPMENT PLAN:
(1) The applicant shall file a Development Plan which shall
include such information as will enable the Planning Commission to judge
whether the proposal meets the adopted criteria and fulfills the purposes
set out in this section. Such an application shall constitute a request
for a zone change.
(2) Such information shall include, but not be limited to
that information required as part of the submittal for Development
Review Application and Zone Changes.
(3) A tentative tract application shall also be filed concurrently
with the application for Development Review and Zone Change. The submittal
shall meet all requirements of the Subdivision Ordinance.
(4) A processing fee established by the City Council shall be
charged when a Planned Development application is made. A Tentative
Tract application and fee shall be filed concurently.
(5) The Planning Commission shall hold a public hearing on
the Development Plan. Upon completion of the public hearing, the
Development Plan shall be referred to the City Council with a recommendation
to approve, or approve conditionally. If the Planning Commission denies
the application, the matter shall die unless appealed to the City Council
in accordance with Section 61.222.
(A) The Planning Commission may alter the Development
Plan and impose such restrictions and conditions as it may deem necessary
to insure that the development 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.
Ordinance No. L23
Page 12
(6) If the Planning Commission recommended approval of the
Development Plan and zone change, the City Council shall hold a public
hearing on the Development Plan and zone change simultaneously. The
City Council shall approve, modify or disapprove the zone change and
Development Plan. If the Development Plan is not approved the City
Council may notify the applicant in writing of said decision. An
approved plan shall be considered as part of the ordinance approving the
zone change.
61.0219 PARKING REQUIREMENTS
(b) PARKING REQUIREMENTS: These regulations are established to
provide for the on-site parking of motor vehicles that are attracted by
the use or uses on the premises. The facilities required by this section
for the parking and maneuvering of motor vehicles are assumed to be the
minimum need for such facilities created by each particular land use.
It is intended that these regulations will result in properly designed
parking areas of adequate capacity that will reduce traffic congestion,
promote increased business and enhance public safety. Every main use of
the land of every main building hereafter erected or structurally altered,
shall be provided with minimum off-street parking accommodations as
follows:
(1) General Conditions:
(A) Off-street Parking Location: The required parking
spaces shall be located on the same site with the main use or building;
on premises contiguous thereto, or in a location and developed in accordance
with a plan approved by the City Planner. Property within the ultimate
right-of-way of a street or highway shall not be used to provide required
parking or loading facilities.
(B) Change in Use: When the occupancy or use of any
premises is changed to a different use, parking to meet the requirements
of this section shall be provided for the new use or occupancy.
(C) Increase in Use: When the occupancy or use of any
premises is altered, enlarged, expanded, or intensified, additional
parking to meet the requirements of Lhis section shall be provided for
the enlarged, expanded, altered, or intensified portion only.
(D) Where two (2) or more uses are located in a single
building or a single premise, required parking shall be provided for
each specific use.
(E) In case of a practical difficulty or hardship, a
minor deviation may be requested in accordance with the provisions of
Section 61.0219(l)(A)(V).
(2) Minimum Design Standards applicable to Multi-residential,
Administrative-Professional, Commercial, Industrial and Educational
Uses:
(A) Each parking space shall be not less than nine (9)
feet wide by nineteen (19) feet long, with adequate provisions for
ingress and egress by a standard American passenger vehicle. This
standard is applicable to all uses, including single-family and two-
family residential.
(B) One way access drives leading to aisles within a
parking area shall be a minimum width of twelve (12) feet.
(C) Where two-way traffic is desired, aisle widths and
maneuvering areas shall be a minimum width of twenty-six (26) feet.
(D) The parking area shall be designed so that a car
entering the parking area shall not be required to enter a street to
move from one location to any other location within the parking area of
premises.
(E) Parking and maneuvering areas shall be so arranged
that any vehicle entering a vehicular right-of-way can do so traveling
in a forward direction.
Ordinance No. 123
Page 13
(F) Where curbs and gutters do not exist and where
vehicular access to the private property is not restricted by barriers,
head-in parking which would necessitate full frontage access to the
street or highway shall not be permitted.
(G) All off-street parking facilities shall be so designed
as to limit access to the private property from streets and highways to
a minimum number of standard commercial driveways per the City of Rancho
Cucamonga's Engineering Department locations and specifications.
(H) Any lights provided to illuminate such parking areas
shall be so arranged as to reflect the light away from adjoining residential
premises and public thoroughfares. (Amended by Ordinance 1413. 2/26/69)
(I) Individual parking stalls shall be clearly striped
and permanently maintained with double or hairpin lines on the surface
of the parking facility, with the two (2) lines being located an equal
nine (9) inches on either side of the stall sidelines: arrows painted on
paving shall indicate direction of traffic flow.
(J) Minimum Aisle Width for Two-way Traffic: For two-
way traffic, aisle widths and maneuvering areas shall be a minimum of
twenty-six (26) feet in width.
(K) Minimum Aisle Width for One-way Traffic:
Stall Stall
Width Length Parking Angle/Aisle Width
9.0 ft. 19.0 ft. 300/12 ft. 450/14 ft. 600/18 ft. 900/26 ft.
(3) Parking and Loading Area Requirements: Every parcel of
land hereafter used or maintained for residential parking, public parking,
private parking, new car sales lots, used car sales lots, mobilehome,
camper or trailer sales lots, boat sales lots, or other uses of a similar
nature, shall be improved as follows; including loading spaces and
access drives:
(A) Every business, commercial, hotel, hospital, institution,
industrial or special use hereinafter established or erected on land
which abuts upon a street or an alley, shall have one (1) permanently
maintained loading space of not less than ten (10) feet in width, twenty
(20) feet in length and fourteen (14) feet clear in height for each
five-thousand (5,000) square feet of building floor area provided,
however, that not more than four (4) such spaces shall be required per
use.
(B) Truck terminals or yards and motor vehicle storage/impound
facilities may be provided with a dustproofed surface of oil impregnated
slag, crushed rock or equivalent if approved by the Planning Commission,
otherwise they shall be paved with asphaltic concrete or portland concrete
cement.
(C) Where such parking areas, excepting in R-1 or R-2
Districts, abut property located in R-1, R-2 or R-3 Districts, they
shall be separated therefrom by a solid fence or masonry wall six (6)
feet in height, measured from finished grade of the parking lot, provided
such fence or wall from the front property line to a depth equal to the
required front yard on the abutting "R" classified property, shall be
four (4) feet in height, measured from finished grade of parking lot.
(D) The required parking area shall not be used for any
purpose other than the temporary parking of motor vehicles, during the
time the use that requires the parking is in operation.
(E) A11 parking areas shall be paved with asphaltic
concrete or concrete to the standards of the City. Additionally, all
parking and access areas shall be separated from any landscaping area by
a six (6) inch high concrete curb. Other materials as approved by the
Planning Commission may be substituted - such as bricks.
(4) Business and Commercial Uses:
(A) General business, except as herein specified: One
(1) parking space for each two-hundred (200) square feet of building
floor area. A minimum of four (4) parking spaces shall be provided.
Ordinance No. 123
Page 14
(B) Amusement enterprises, commercial recreation and
similar uses such as shooting ranges, race tracks, miniature golf courses,
pitch and putt courses, parks and zoos: One (1) parking space for each
four (4) persons using or attending the facilities.
(C) Automobile sales, boat sales, mobilehome sales,
retail nurseries and other open uses not in a building or structure: One
(1) parking space for each two-thousand (2,000) square feet of open area
devoted to display or sales, provided, however, that where such area
exceeds ten-thousand (10,000) square feet, only one (1) parking space
need be provided for each five-thousand (5,000) square feet of such area
in excess of the first ten-thousand (10,000) square feet contained in
such area.
(D) Bowling alleys and billiard halls: Five (5) parking
spaces for each bowling lane and two (2) parking spaces for each billiard
table.
(E) Chapels and mortuaries: One (1) parking space for
each three (3) fixed seats and for every twenty-eight (28) square feet
of seating area where there are no fixed seats, all to be within the
main chapel, and one (1) parking space for each four-hundred (400)
square feet of floor area outside the main chapel. Eighteen (18) linear
inches of bench or pew shall be considered a fixed seat.
(F) Child care centers: One (1) parking space for each
employee or teacher and one (1) parking space for each five (5) children
the facility is designed to accommodate.
(G) Children's homes: One and one-half (1�) parking
spaces for each employee on the largest shift.
(H) Churches: One (1) parking space for each four (4)
fixed seats or for every twenty-eight (28) square feet of seating area
within the main auditorium where there are no fixed seats. Eighteen
(18) linear inches of bench or pew shall be considered a fixed seat.
(I) Dance halls: One (1) parking space for each twenty
(20) square feet of dance floor area and one (1) parking space for each
three (3) fixed seats and for each twenty (20) square feet of seating
area where there are not fixed seats.
(S) Golf courses and driving ranges, but NOT to include
miniature golf courses: Four (4) parking spaces per hole on all golf
courses and one (1) parking space per tee for driving ranges.
(K) Hospital: One (1) parking space for each two (2)
patient beds and one (1) parking space for each staff member and employee
on the largest shift.
(L) Medical offices, clinics, veterinary hospitals: Five
(5) parking spaces for each doctor or dentist.
(M) Offices, banks, building and loan associations,
business and professional uses: One (1) parking space for each two-
hundred (200) square feet of floor area. A minimum of four (4) such
parking spaces shall be provided.
(N) Organization camps: One and one-half (11-2) parking
spaces for each staff member and or employee.
(0) Restaurants, including drive-ins, cafes, night
clubs, taverns and other similar places where food and/or refreshment
are dispensed: One (1) parking space for each three (3) seats and for
every fifty (50) square feet of floor where seats may be placed. A
minimum of ten (10) parking spaces shall be provided.
(P) Skating rinks, ice or roller: One (1) parking space
for each three (3) fixed seats and for each twenty (20) square feet of
seating area where there are no fixed seats and one (1) parking space
for each two-hundred and fifty (250) square feet of skating area.
Twenty-four (24) linear inches of bench shall be considered a fixed
seat.
(Q) Social care facilities: One (1) parking space for
each three (3) residents in accordance with the resident capacity of the
home as listed on the required license or permit, plus one (1) parking
space for each staff member and employee on the largest shift.
Ordinance No. 123
Page 15
(R) Swimming pools, commercial and swimming schools: One
(1) parking space for each five hundred (500) square feet of water
surface area. A minimum of ten (10) parking spaces shall be provided.
(S) Theaters, auditoriums, stadiums, sport arenas,
gymnasiums and similar places of public assembly: One (1) parking space
for each four (4) fixed seats and for every twenty-four (24) square feet
of seating area where there are no fixed seats.
(5) Educational Uses:
(A) Schools, accredited general curriculum, kindergarten
through grade nine: One (1) parking space for each staff member, faculty
member and employee.
(B) Schools, accredited general curriculum, grade ten
through twelve, colleges and universities, business and professional
schools: One (1) parking space for each five (5) students plus one (1)
parking space for each staff member, faculty member and employee.
(C) Special schools or trade schools: One (1) parking
space for each three (3) students plus one (1) parking space for each
staff member faculty member and employee.
(6) Industrial Uses:
(A) Industrial uses of all types, including warehouses
or buildings used exclusively for storage purposes, wholesale houses and
distributors, and public utility facilities including but not limited to
electric, gas, water, telephone, and telegraph facilities not having
business offices on the premises: One (1) parking space for each employee
on the largest shift or one (1) parking space for each one-thousand
(1,000) square feet of floor area, whichever is greater, and one (1)
parking space for each vehicle operated or kept in connection with the
use.
(7) Residential Uses:
(A) Single Family Dwellings, Two (2) parking spaces in a
garage, or carport if approved by the Planning Commission, on the same
site with the main building for each dwelling unit. Such parking spaces
shall be located to the rear of the front setback line. Tandem parking
shall be prohibited.
(B) Multiple family dwellings: Two point two (2.2)
spaces per dwelling unit, one space shall be in a garage or carport, all
others may be open and uncovered.
(c) CLUBS: conference centers, fraternity and sorority houses,
rooming and boarding houses, and similar structures having guest rooms:
One (1) parking space for each three (3) guest rooms. In dormitories,
each one-hundred (100) square feet shall be considered equivalent to a
guest room.
(d) MOBILEHOME PARKS: Two (2) parking spaces (which may be in
tandem) on each mobilehome lot. There shall also be established and
maintained within each mobilehome park, one (1) parking space for each
ten (10) spaces or fraction thereof within the mobilehome park, for
visitor use.
(e) MOTELS, HOTELS AND MOTOR HOTELS: One (1) parking space for
each unit.
(f) WHEREVER IT IS STATED in this Code that uses may be permitted
in a district, if the location and development plan is approved as
provided in Section 61.0219(f), uses shall be required to meet all of
the requirements of Section 61.0219(0).
(g) STRUCTURAL HEIGHT REQUIREMENTS:
(1) General Buildings or structures and the enlargement of
any building or structure shall be hereafter erected, reconstructed or
maintained only in conformance with the height limit established for the
zone wherein such building or structure is located, except as hereafter
provided.
Ordinance No. 123
Page 16
(2) Exceptions:
(A) Penthouses or roof structures for the housing of
elevators, stairways, tanks, ventilating fans or similar equipment
required to operate and maintain the buildings, and tire or parapet
walls, skylights, towers, flagpoles, chimneys, smokestacks, or similar
structures may be erected above the height limits herein prescribed, but
no penthouse or roof structures, or any space above the height limit
shall be allowed for the purpose of providing additional floor space.
(h) AREA REQUIREMENTS:
(1) General: Buildings, structures or the enlargement of
building or structures hereafter erected, located or maintained on a lot
shall conform with the area regulations of the district in which the lot
is located, except as hereinafter provided:
(A) Yards for institutions, churches, etc, in "R" Districts:
(1) An institution, hospital or similar use permitted
under the use regulation of this section shall be located at least
twenty-five (25) feet from any lot or boundary line of adjoining property
in any "R" District. No required front yard or side street yard is to
be used for the parking of automobiles.
(2) A church, library, or museum shall be located
at least fifteen (15) feet from side, side street and rear lot lines.
(3) In the case of a church, library or museum
where such institutions are in "R" Districts, the parking of automobiles
shall be permitted in the interior side and rear yards provided such
parking is located at least ten (10) feet from the side lot line of an
interior lot. In all instances the automobile parking areas and driveways
shall be paved with an asphaltic or concrete surfacing per city standards
and shall have appropriate bumper guards, raised concrete curbing or
other substitute approved by the Planning Commission.
(B) Yards or other open spaces required around an existing
building or which are hereafter provided around any building for the
purpose of complying with the provisions of this section, shall not be
considered as providing a yard or open space for any other building: nor
shall any yard or other required open space on an adjoining lot be
considered as providing a yard or open space on a lot whereon a building
is to be erected.
(2) Exceptions:
(A) Loading space provided in accordance with this Code
may occupy a required open rear yard.
(B) An accessory building not exceeding one (1) story or
fourteen (14) feet in height including heating and cooling units shall
be at least ten (10) feet from the nearest point of the main building
wall excluding eave overhang and three (3) feet from the side property
line. In no case, however, shall an accessory building be located in
any part of a required front yard, or side street yard, nor shall a two-
story accessory building occupy any part of a required rear yard.
(C) Cornices, eaves, belt courses, sills or other similar
architectural appendages may project to a point no more than three (3)
feet into an interior side yard, front yard, rear yard, or side street
yard provided such appendages are supported only at, or behind, the
building setback line or from the main building or structure.
(D) Fire escapes may extend or project into any required
front, side street or rear yard not more than four (4) feet.
(E) Open, unenclosed stairways, or balconies, not covered
by a roof or canopy may extend or project into a required front street
side or rear yard not more than four (4) feet.
(F) Uncovered porches, platforms, or landing places
which do not extend above the level of the ground floor of the building
or do not exceed a height of forty-eight (48) inches above grade, may
extend into any front or street side yard not more than six (6) feet and
in any interior side yard may project to a point no more than three (3)
feet from interior side property lines.
Ordnance No. 123
Page 17
(C) Openwork fences, hedges, walls or similar landscape
architectural features, and guard railings for safety protection around
depressed ramps, if not more than four (4) feet in height, may be located
in any front or side street yard.
(H) In R Districts, a fence or wall not more than six
(6) feet in height or a hedge maintained so as not to exceed six (6)
feet in height may be located on the side or rear lot lines provided
such fence, wall or hedge does not extend into the required front yard.
(I) Swimming pools shall not be located in any required
front yard or side street yard or its projection to the rear property
line.
(J) Attached, unenclosed patio roofs may be located in
the required rear yard, provided said patio roof shall be at least five
(5) feet from the rear property line and, further, provided that the
area of said patio roof in the rear yard shall be included as a part of
the total lot coverage.
(K) On corner lots an attached or detached garage may be
located in the rear yard within five (5) feet of the rear property line
if located at least twenty (20) feet from the side street line.
(L) Fireplace structures and planting boxes may be
located in a required yard, provided they do not reduce said yard by
more than two (2) feet.
(3) Computation of Yards:
(A) If any future right-of-way line has been established
by provisions of a specific ordinance, the Adopted Circulation Plan, any
Ad ited Precise Plan, the measurement of the yard shall be made from the
future right-of-way line or future property line.
(1) MINOR DEVIATIONS
(1) In order to provide flexibility necessary to achieve the
objectives of this ordinance, selected site development regulations and
applicable off-street parking requirements generally applicable throughout
one or more zones are subject to review and minor adjustment in those
circumstances where such adjustment will be compatible with adjoining
uses. To achieve these purposes, the City Planner is empowered to
review and evaluate the applicable circumstances pertaining to each
requested adjustment, and to approve or to deny such requests and to
impose reasonable conditions upon such approval, subject to the right of
appeal.
(2) Application and Fee:
(A) An application for a minor deviation shall be filed
with the City Planner, on a form or in such manner as the City Planner
may prescribe. When authorized by the City Planner, an application for
a minor deviation may be combined with and made a part of an application
for a building permit or other permit or approval required by the City.
(B) The application shall be accompanied by a fee established
by Resolution of the City Council.
(3) Minor Deviations Allowable:
(A) Only the following minor deviations shall be allowable,
and no applications for adjustments minor deviations in excess of the
limitations prescribed below may be accepted.
(I) Fence Height: In any zone, the City Planner
may increase the maximum height of any fence, wall, hedge or equivalent
screening by not more than 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 on flatter sites.
(II) Yards: In any R zone, the City Planner may
decrease the minimum yard by not more than 10 percent where the yard
does not serve as the principal pedestrian access to more than one
dwelling unit or 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.
Ordinance No. 123
Page 18
(III) Coverage: In any R zone, the City Planner
may increase the maximum coverage by not more than 10 percent of the lot
area, where such increase will promote 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.
(IV) Off-Site Parking Facilities: The City Planner
may authorize not more than 10 percent of the required parking for a use
to be located on a site not more than 250 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 such covenants and guarantees as
deemed necessary to ensure utility, availability, and maintenance of
such joint use of off-site parking facilities.
(V) The City Planner may authorize not more than a
10 percent reduction in the required off street parking requirements
when it is proven that it will not result in a traffic hazard or reduce
necessary parking for the use.
(4) Notification:
(A) Prior to consideration of a minor deviation the City
Planner shall cause notice to be given to applicant and contigious
property owners by certified mail 10 days prior to the decision on the
application. Said notice shall state the following:
(I) extent of request.
(II) location of request.
(III) name of applicant.
(IV) date on which a decision will be made on
said request.
(V) name of City Planner and telephone number of
City Hall.
(B) Notice of the decision on the minor deviation shall
be given to the applicant by mail within 5 days of the decision.
(5) Action by City Planner:
(A) Within 15 days after an application for a deviation
has been filed, the City Planner shall act on the application. The City
Planner may grant approval as requested in the application, or may 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 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 charateristics 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
exercise the judgement required by this section.
(6) Effective Date:
(A) The decision of the City Planner shall be effective
14 calendar days after the date of the decision unless an appeal has
been filed with the Planning Commission.
(7) Appeal to Planning Commission:
(A) The decision of the Director may be appealed within
14 calendar days to the Planning Commission by the applicant or any
other person as prescribed in Section 61.0222.
(B) The Planning Commission shall hold a Public Hearing
on the application as prescribed in Section 61.0222 if an appeal has
been filed within the prescribed 14 day period.
(8) Appeal to City Council:
(A) The decision of the Planning Commission may be
appealed within 14 calendar days to the City Council by the applicant or
any other person as prescribed in Section 61.0222.
Ordinance No. 123
Page 19
(B) The City Council shall hold a Public Hearing on the
application of Minor deviations as prescribed in Section 61.0222 if an
appeal has been filed within the prescribed 14—day period. The decision
of the City Council shall be final.
(9) Lapse of Minor Deviation Approval:
(A) Unless a longer time shall be specifically established
as a condition of approval, an approved Minor deviation shall lapse and
shall become void eighteen months following the date on which such
approval became effective, unless prior to expiration a building permit
is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the application, or a
certificate of occupancy is issued for the structure which was the
subject of the application, or the site is occupied if no building
permit or certificate of occupancy is required.
(B) An approved Minor deviation subject to lapse may be
renewed by the City Planner an additonal period of six months, provided
that prior to the expiration date, a written request for renewal is
filed with the City Planner.
(10) Modification of Minor Deviation Approval:
(A) Sections 61.0219.1(2) through 61.0219.1(7) shall
apply to an application for modification, expansion, or other change in
an approved Minor deviation, provided that minor revisions or modifications
may be approved by the City Planner if he determines that the circumstances
or conditions applicable at the time of original approval remain valid.
(11) Suspension and Revocation:
(A) Upon violation of any applicable provision of this
ordinance, or, if granted subject to conditions, upon failure to comply
with conditions, an approved Minor deviation shall be suspended upon
notification by certified mail to the applicant, owner, or operator of
the use or site.
(B) The Planning Commission shall hold a Public Hearing
within 40 days of such notification, in accord with the procedure prescribed
in Section 61.0219(0)3 and if not satisfied that the regulation, general
provision, or condition is being complied with, may revoke the Minor
deviation or take such action as may be necessary to ensure compliance
with the regulation, general provision, or condition.
(C) The decision of the Planning Commission may be
appealed as prescribed in Section 61.0219(1)8.
(12) New Applications:
(A) Follwoing the denial or revocation of a Minor
deviation no application for the same or substantially the same Minor
de_ iation on the same or substantially the same site shall be filed
within one year from the date of denial or revocation.
(13) Approval to Run With the Land:
(A) A Minor deviation approved pursuant to the provisions
of this section shall run with the land and shall continue to be valid
upon a change of ownership of the site or structure which was the subject
of the application.
(n) DEVELOPMENT REVIEW
(1) Purposes:
(A) In order to give the use regulations the flexibility
necessary to achieve the objectives of this ordinance, selected uses in
certain zones are allowed only subject to Development Review, and in
some instances to issuance of a permit authorizing a temporary use or a
home occupation. Because of their site development requirements or
operating characteristics, such uses require special consideration so
that they may be located and operated in accord with the objectives of
the zoning regulations and in a manner wholly compatible with uses on
surrounding properties. The Development Review process is intended to
afford an opportunity for review and evaluation of these requirements
and characteristics, and to ensure adequate mitigation of any potential
unfavorable impacts on nearby uses. To achieve these purposes, the City
Planner or the Planning Commission, as may be applicable, are empowered
to review and evaluate the applicable circumstances pertaining to each
use subject to Development Review, and to grant or deny applications
therefore and to impose reasonable conditions upon such approval, subject
to the right of appeal.
Ordinance No. 123
Page 20
(2) Application and Fee:
(A) Application for Development Review shall be filed
with the City Planner on a form prescribed by the City Planner and shall
include the following data and maps:
(I) Name and address of the applicant.
(II) Address and legal description of the property.
(III) If the applicant is not the legal owner of the
property, a statement that the applicant is the authorized agent of the
owner of the property.
(IV) A statement describing the nature and operating
characteristics of the proposed use, including any data pertinent to the
findings required for approval of the application. For uses involving
public assembly or industrial processing, or uses potentially generating
high volumes of vehicular traffic, the City Planner may require specific
information relative to the anticipated peak loads and peak use periods,
relative to industrial processes and the ability of the use to meet
performance standards, or substantiating the adequacy of proposed parking,
loading, and circulation facilities.
(V) Site plans, preliminary building elevations,
preliminary improvement plans, and such additional maps and drawings,
all fully dimensioned, as required to illustrate the following:
(a) Existing and proposed location and arrangement
of uses on the site, and on abutting sites within 100 feet.
(b) Existing and proposed site improvement,
buildings, and other structures on the site, and any off-site improvements
related to or necessitated by the proposed use. Building elevations
shall be sufficient to indicate the general height, bulk, scale, and
architectural character.
(c) Existing and proposed topography, grading,
landscaping, and screening, irrigation facilities, and erosion control
measures.
(d) Existing and proposed parking, loading,
and traffic and pedestrian circulation features, both on the site and
any off-site facilities or improvements related to or necessitated by
the proposed use.
(VI) The City Planner may require additional information
or plans, necessary to enable complete analysis and evaluation of the
application. The application shall be accompanied by a fee established
by Resolution of the City Council.
(3) Action by City Planner:
(A) Not more than 30 days after acceptance of an application
for Development Review, the City Planner shall act on the application.
The City Planner may grant approval as requested in the application, or
may 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 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 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 61.0219(n)5.
(B) If, in the opinion of the City Planner, the application
for Development Review 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 Commission
for action within 30 days of acceptance of the application for Development
Review. The City Planner shall notify the applicant of such referral by
mail.
Ordnance No. _d
Page 21
(4) Action by the Planning Commission:
(A) The Commission may grant approval as requested in
the application, may 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 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; and such other
conditions as the Commission may deem necessary to insure compatibility
with surrounding uses, to preserve the public health, safety, and welfare,
and to enable the Commission to make the findings required by Section
61.0219(n)5.
(5) Findings:
(A) The City Planner, or the Planning Commission if
applicable, shall make the following findings before granting approval
pursuant to Development Review:
(I) That the proposed use is in accord with the
objectives of this ordinance and the purposes of the zone in which the
site is located.
(II) 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.
(III) That the proposed use will comply with each of
the applicable provisions of this ordinance.
(6) Effective Date:
(A) The decision of the City Planner, or the Planning
Commission if applicable, shall be effective 14 calendar days after the
date of the decision unless an appeal has been filed with the Planning
Commission or the City Council if applicable.
(7) Appeal to City Council:
(A) A decision of the City Planner, or the Planning
Commission if applicable, may be appealed within 14 calendar days to the
Planning Commission or City Council if applicable, by the applicant or
any other person as prescribed in Section 61.0222.
(B) The City Council shall hold a Public Hearing on a
Development Review application as prescribed in Section 61.0222 if an
appeal has been filed within the prescribed 14—day period. The decision
of the City Council shall be final.
(8) Lapse of Development Approval:
(A) Unless a longer time shall be specifically established
as a condition of approval, a Development Review approval shall lapse
and shall become void eighteen months following the date on which such
approval became effective, unless prior to the expiration of eighteen
months a building permit is issued and construction is commenced and
diligently pursued toward completion on the site which was the subject
of the application, or a certificate of occupancy is issued for the
structure which was the subject of the application, or the site is
occupied if no building permit or certificate of occupancy is required.
(B) A Development Review approval subject to lapse may
be renewed by the City Planner for an additional period of one year,
provided that prior to the expiration date, a written request for renewal
is filed with the City Planner. Applications originally approved by the
City Planner may be extended by the City Planner. If the application
was approved by the Planning Commission, it may be extended by the
Planning Commission.
(9) Modification of Development Review Approval:
(A) Sections 61.0219(n)2 through 61.0219(n)8 shall apply
to an application for modification, expansion, or other change in a
Development Review authorization, provided that minor revisions or
modifications may be approved by the City Planner if he determines that
the circumstances or conditions applicable at the time of original
approval remain valid, and that changes would not affect the findings
prescribed in Section 61.0219(n)5.
Ordinance No. 123
Page 22
(10) Suspension and Revocation:
(A) Upon violation of any applicable provision of this
ordinance, or, if granted subject to conditions, upon failure to comply
with conditions, a Development Review authorization shall be suspended
upon notification by certified mail to the applicant, owner, or operator
of a use authorized pursuant to Development Review.
(o) CONDITIONAL USE PERMITS
(1) Purposes:
(A) In order to give the use regulations the flexibility
necessary to achieve the objectives of this ordinance, selected uses in
certain zones are allowed only subject to the granting of a Conditional
Use Permit. Because of their unusual site development requirements or
unique operating characteristics, uses subject to a Conditional Use
Permit require special consideration so that they may be located and
operated in accord with the objectives of the zoning regulations and in
a manner wholly compatible with uses on surrounding properties and
within the City at large. The Conditional Use Permit process is intended
to afford an opportunity for broad public review and evaluation of these
requirements and characteristics, to ensure adequate mitigation of any
potentially unfavorable impacts, and to provide for adjustment of certain
site development regulations and performance standards when authorized
by the zoning regulations. To achieve these purposes, the Planning
Commission is empowered to conduct public hearings, to review the applicable
circumstances pertaining to each use subject to conditional use review,
to evaluate such adjustments as allowed by the zoning regulations, and
to grant or deny applications for a Conditional Use Permit and to impose
reasonable conditions upon such approval, subject to the right of appeal.
In order to achieve these purposes, the Planning Commission is empowered
to grant and to deny applications for use permits for such conditional
uses in such zones as are prescribed in the zone regulations and to
impose reasonable conditions upon the granting of Conditional Use Permits,
subject to the right of appeal to the City Council or to review by the
City Council. In all cases Conditional Use Permits are required for
shopping centers.
(2) Application and Fee:
(A) Application for a Conditional Use Permit shall be
filed with the City Planner on a form prescribed by the City Planner and
shall include the following data and maps:
(I) Name and address of the applicant.
(II) Address and legal description of the property.
(III) If the applicant is not the legal owner of the
property, a statement that the applicant is the authorized agent of the
owner of the property.
(IV) A statement describing the requested use, or
describing the nature and operating characteristics of the proposed use,
including any data pertinent to the findings required for approval of
the application.
(V) Three sets of typed, gummed labels listing the
name, address and the assessors parcel number of all property owners
within a radius of 300 feet of the exterior boundaries of the subject
property. The list shall be obtained from the latest equalized assessment
rolls of the San Bernardino County Assessor's office and keyed to a
radius map drawn on Assessors Parcel maps.
(VI) Site plans, preliminary building elevations,
preliminary improvement plans, and such additional maps and drawings,
all fully dimensioned, as required to illustrate the following:
(a) Existing and proposed location and arrangement
of uses on the site, and on abutting sites within 100 feet.
(b) Existing and proposed site improvements,
buildings, and other structures on the site, and any off-site improvements
related to or necessitated by the proposed use. Building elevations
shall be sufficient to indicate the general height, bulk, scale, and
architectural character.
(c) Existing and proposed topography, grading,
landscaping, and screening, irrigation facilities, and erosion control
measures.
Ordinance No. 123
Page 23
(d) Existing and proposed parking, loading,
and traffic and pedestrian circulation features, both on the site and
any off-site facilities or improvements related to or necessitated by
the proposed use.
(B) The City Planner may require additional information
or plans, necessary to enable complete analysis and evaluation of the
application.
(C) The application shall be accompanied by a fee established
by Resolution of the City Council.
(3) Public Hearing:
(A) The Planning Commission shall hold at least one
Public Hearing on each application for a Conditional Use Permit. The
hearing shall be set and notice given as prescribed below:
(I) Notice shall be given to the applicant by mail
at least 10 days prior to the date of the hearing.
(II) Notice shall be given to owners and occupants
of sites within 300 feet of the subject property by certified mail at
least 10 days prior to the date of the meeting.
(III) Notice shall be given by publication at least
10 days prior to the date of the hearing.
(IV) At the option of the City Planner, additional
notice may be given to any or all owners or occupants of sites within
600 feet of the subject property by regular mail at least 10 days prior
to the date of the hearing. At a public hearing, the Commission shall
review the application, and drawings submitted therewith and shall
receive pertinent evidence concerning the application, particularly with
respect to the findings prescribed in Section 61.0219(o)5.
(B) The City Planner shall make an investigation of the
application and shall prepare a report thereon which shall be available
to the City Council and Planning Commission and to the applicant prior
to the public hearing.
(C) Notice of the decision of the Planning Commission on
a Conditional Use Permit shall be given to the applicant by mail within
5 days of the decision by the Commission.
(4) Action by the Planning Commission:
(A) Not more than 21 days following the closing of the
Public Hearing on a Conditional Use Permit, the Planning Commission
shall act on the application. The Commission may grant a Conditional
Use Permit as the permit was applied for or in a modified form or subject
to conditions, or may deny the application. 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; and such other
conditions as the Commission may deem necessary to insure compatibility
with surrounding uses, to preserve the public health, safety, and welfare,
and to enable the Commission to make the findings required by Section
61.0219(o)5.
(5) Findings:
(A) The Planning Commission shall make the following
findings before granting a Conditional Use Permit:
(I) That the proposed use is in accord with the
General Plan, the objectives of this ordinance, and the purposes of the
zone in which the site is located.
(II) 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.
(III)That the proposed use will comply with each of
the applicable provisions of this ordinance.
Ordinance No. 123
Page 24
(6) Effective Date:
(A) The decision of the Planning Commission shall be
effective 14 days after the date of the decision unless an appeal has
been filed with the City Council.
(7) Appeal to City Council:
(A) A decision of the Planning Commission may be appealed
within 14 calendar days to the City Council by the applicant or any
other person as prescribed in Section 61.0222.
(B) The City Council shall hold a Public Hearing on a
Conditional Use Permit as prescribed in Section 61.0222 if an appeal has
been filed within the prescribed 14-day period. The decision of the
City Council shall be final.
(8) Lapse of a Conditional Use Permit:
(A) Unless a longer time shall be specifically established
as a condition of approval, a Conditional Use Permit shall lapse and
shall become void eighteen months following the date on which such
permit became effective, unless prior to the expiration of eighteen
months a building permit is issued and construction is commenced and
diligently pursued toward completion on the site which was the subject
of the application, or a certificate of occupancy is issued for the
structure which was the subject of the application, or the site is
occupied if no building permit or certificate of occupancy is required.
(B) A Conditional Use Permit subject to lapse may be
renewed by the Planning Commission for an additional period of one year,
provided that prior to the expiration date, a written request for renewal
is filed with the City Planner.
(C) The Planning Commission may grant or deny an application
for renewal. If the application is appealed to the City Council, the
City Council may grant or deny an application for renewal.
(9) Pre-Existing Conditional Uses:
(A) A use legally established pursuant to a Conditional
Use Permit, Site Approval, or Location and Development Plan Approval
prior to the effective date of this ordinance or prior to the effective
date of subsequent amendments to the regulations or zone boundaries
shall be deemed a pre-existing conditional use and shall be permitted to
continue, provided that it is operated and maintained in accord with the
conditions prescribed at the time of its establishment, if any.
(B) Alteration or expansion of a pre-existing conditional
use shall be permitted only upon the granting of a Conditional Use
Permit as prescribed in this Chapter, provided that alterations not
exceeding $2,500 in value as determined by the Building Official shall
be permitted without the granting of a Conditional Use Permit.
(C) A Conditional Use Permit shall be required for the
reconstruction of a structure housing a pre-existing conditional use if
the structure is destroyed by fire or other calamity, by act of God, or
by the public enemy to a greater extent than 50 percent. The extent of
damage or partial destruction shall be based upon the ratio of the
estimated cost of restoring the structure to its condition prior to such
damage or partial destruction to the estimated cost after depreciation,
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 City Engineer and Building Official and shall be based on the minimum
cost of construction in compliance with the Building Code.
(D) A Conditional Use Permit or Location and Development
Plan filed with and approved by the County of San Bernardino prior to
incorporation of the City of Rancho Cucamonga, shall become null and
void upon the effective date of this ordinance, unless such has been
activated by the occupancy of the site, commencement of the use or
issuance of a building permit.
(10) Modification of Conditional Use;
(A) Sections 61.0219(0)2 through 61.0219(o)8 shall apply
to an application for modification, expansion, or other change in a
Conditional Use Permit, provided that minor revisions or modifications
may be approved by the City Planner if he determines that the circumstances
or conditions applicable at the time of original approval remain valid,
and that changes would not affect the findings prescribed in Section
61.0219(o)5.
Ordinance No. 123
Page 25
(11) Suspension and Revocation:
(A) Upon violation of any applicable provision of this
ordinance, or, if granted subject to conditions, upon failure to comply
with conditions, a Conditional Use Permit shall be suspended upon notification
by certified mail to the applicant, owner, or operator of a use subject
to a Conditional Use Permit.
(B) The Planning Commission shall hold a Public Hearing
within 40 days of such notification, in accord with the procedure prescribed
in Section 61.0219(o)3, and if not satisfied that the regulation,
general provision, or condition is being complied with, may revoke the
Conditional Use Permit or take such action as may be necessary to ensure
compliance with the regulation, general provision, or condition. Within
two (2) working days following the date of a decision of the Commission
revoking a Use Permit or location and development plan, the City Planner
shall transmit to the City Council written notice of the decision. The
decision shall become final 28 days following the date on which the Use
Permit or location and development plan was revoked unless an appeal has
been filed within the prescribed 14-day appeal period, in which case
Section 61.0219(o)7 shall apply.
(12) New Applications:
(A) 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 on the same or substantially the
same site shall be filed within one year from the date of denial or
revocation.
(13) Approval to Run With the Land:
(A) A Conditional Use Permit granted pursuant to the
provisions of this chapter shall run with the land and shall continue to
be valid upon a change of ownership of the site or structure which was
the subject of the Conditional Use Permit application.
(14) Concurrent Applications:
(A) Application for Development Review and for a Conditional
Use Permit including the same property may be made concurrently. In
such event, responsibility for action on the Development Review application
shall be vested in the Planning Commission.
(B) Application for a Conditional Use Permit may be made
concurrently with an application for a change in zone boundaries including
the same property, subject to the fee applicable for both a Conditional
Use Permit and for a rezoning application. The Planning Commission
shall hold the public hearing on the zoning reclassification and the
Conditional Use Permit at the same meeting and may combine the two
hearings. Tor the purposes of this section, the date of the Commission
decision on :he Conditional Use Permit application shall be deemed to be
the same as the date of enactment by the City Council of an ordinance
changing the zone boundaries.
(a) VARIANCES
(1) Purposes and Authorization:
(A) Variances from the terms of the Zoning Ordinance
shall be granted only when, because of special circumstances applicable
to the property, including size, shape, topography, location or surroundings,
the strict application of the Zoning Ordinance deprives such property of
privileges enjoyed by other property in the vicintiy and under identical
zoning classification. 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 zone in which such
property is situated.
(B) The Planning Commission may grant Variances to the
regulations prescribed by this chapter, in accord with the procedure
prescribed in this chapter, with respect to fences, walls, hedges,
screening, and landscaping; site area, width, and depth; front rear, and
side yards; coverage; height of structures; landscaping; usable open
space; performance standards; and off-street parking and loading facilities.
Ordinance No. 123
Page 26
(C) The power to grant Variances does not extend to use
regulations. Flexibility to the zoning regulations is provided pursuant
to Development Review and Conditional Use Permit provisions of this
ordinance.
(2) Application and Fee:
(A) Application for a Variance shall be filed with the
City Planner on a form prescribed by the City Planner and shall include
the following data and maps:
(I) Name and address of the applicant.
(II) Address and legal description of the property.
(III)If the applicant is not the legal owner of the
property, a statement that the applicant is the authorized agent of the
owner of the property.
(IV) A statement describing the precise nature of
the Variance requested and the practical difficulty or unnecessary
physical hardship that would result from a strict or literal interpretation
and enforcement of the specified regulation, together with any other
data pertinent to the findings required of the Variance.
(V) Three sets of typed, gummed labels listing the
name, address and the assessors parcel number of all property owners
within a radius of 300 feet of the exterior boundaries of the subject
property. The list shall be obtained from the latest equalized assessment
rolls of the San Bernardino County Assessors Office and keyed to a
radius map drawn on Assessors Parcel maps.
(VI) Site plans, preliminary building elevations,
preliminary improvement plans, and such additional maps and drawings,
all fully dimensioned, as required to illustrate the following, to the
extent related to the Variance application:
(a) Existing and proposed location and arrangement
of uses on the site, and on abutting sites within 100 feet.
(b) Existing and proposed site improvements,
buildings, and other structures on the site, and any off-site improvements
related to or necessitated by the proposed Variance. Building elevations
shall be sufficient to indicate the general height, bulk, scale, and
architectural character.
(c) Existing and proposed topography, grading,
landscaping, and screening, irrigation facilities, and erosion control
measures.
(d) Existing and proposed parking, loading,
and traffic and pedestrian circulation features, both -i the site and
any off-site facilities or improvements related to or necessitated by
the proposed Variance.
(B) The City Planner may require additonal information
or plans, if they are necessary to enable to complete analysis and
evaluation of the application, and a determination as to whether the
circumstances prescribed for the granting of a Variance exist.
(C) The application shall be accompanied by a fee established
by Resolution of the City Council. A single application may include
requests for Variances from more than one regulation applicable to the
same site, or for similar Variances on 2 or more adjacent sites with
similar characteristics.
(3) Public Hearing and Action:
(A) The Planning Commission shall hold at least one
public hearing on each application for a Variance. The hearing shall be
set and notice given as prescribed below:
(I) Notice shall be given to the applicant by
certified mail at least 10 days prior to the date of the hearing.
(II) Notice shall be given to owners of sites
within 300 feet of the subject property by certified mail at least 10
days prior to the date of the meeting.
(III) Notice shall be given by publication at least
10 days prior to the date of the hearing.
Ordinance No. 123
Page 27
(IV) At the option of the City Planner, additional
notice may be given to any or all owners of sites within 300 feet of the
subject property by regular mail at least 10 days prior to the date of
the hearing. At a public hearing, the Commission shall review the
application, and drawings submitted therewith and shall receive pertinent
evidence concerning the application, particularly with respect to the
findings prescribed in Section 61.0220(5).
(B) The City Planner shall make an investigation of the
application and shall prepare a report thereon which shall be available
to the City Council and Planning Commission and to the applicant prior
to the Public hearing.
(C) Notice of the decision of the Planning Commission on
a Variance shall be given to the applicant by mail within 5 days of the
decision by the Commission.
(4) Action by the Planning Commission:
(A) Not more than 21 days following the close of the
public hearing on a Variance application, the Planning Commission shall
act on the application. The Commission may grant a Variance as the
Variance was applied for or in modified form, or subject to conditions,
or the application may be denied. A Variance may be revocable, may be
granted for a limited time period, or may be granted subject to conditions
as the Commission may prescribe.
(5) Findings:
(A) The Planning Commission shall, on the basis of the
application and the evidence submitted, make findings of fact that
establish that the circumstances prescribed below do apply, before
granting a Variance:
(I) 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
this chapter.
(II) That there are exceptional of 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 zcne.
(III) 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.
(I,') 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.
(V) 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.
(B) Parking; Additional Findings: The Planning Commission
may grant a Variance to a regulation prescribed by this ordinance with
respect to off-street parking or loading facilities if, on the basis of
the application and the evidence submitted, the Commission makes findings
of fact that establish that the following additional circumstances also
apply:
(I) That neither present nor anticipated future
traffic volumes generated by the use of the site or the uses of sites in
the vicinity reasonably require strict or literal interpretation and
enforcement of the specified regulation.
(II) That the granting of the Variance will not
result in the parking or loading of vehicles on public streets in such a
manner as to interfere with the free flow of traffic of the streets.
(III) That the granting of the Variance will not
create a safety hazard or any other condition inconsistent with the
objectives of this ordinance.
(6) Effective Date of Variance:
(A) A decision of the Planning Commission on a Variance
shall be effective 14 calendar days after the date of the decision
unless an appeal has been filed with the City Council.
Ordinance No. 123
Page 28
(7) Appeal to City Council:
(A) A decision of the Planning Commission on a Variance
may be appealed within 14 calendar days to the City Council by the
applicant or any other person as prescribed in Section 61.0222
(B) The City Council shall hold a public hearing on a
Variance as prescribed in Section 61.0222 if an appeal has been filed
within the prescribed 14—day period. The decision of the City Council
shall be final.
(8) Lapse of Variance:
(A) Unless a longer time period shall be specifically
established as a condition of approval, a Variance shall lapse and shall
become void eighteen months following the date on which the Variance
became effective, unless prior to the expiration of eighteen months a
building permit is issued and construction is commenced and diligently
pursued toward completion on the site which was the subject of the
Variance application, or a certificate of occupancy is issued for the
site or structure which was the subject of the Variance application, or
the site is occupied if no building permit or certificate of occupancy
is required.
(B) A Variance subject to lapse may be renewed by the
Planning Commission for an additional period of one year, provided that
prior to the expiration date, a written request for renewal is filed
with the City Planner.
(C) The Planning Commission may grant or deny an application
for renewal.
(D) If appealed to the City Council, the City Council
may grant or deny an application for renewal.
(9) Suspension and Revocation:
(A) Upon violation of any applicable provision of this
ordinance, or, if granted subject to conditions, upon failure to comply
with conditions, a Variance shall be suspended upon notification by
certified mail to the applicant, owner, or operator of the use subject
to the Variance.
(B) The Planning Commission shall hold a Public Hearing
within 40 days of such notification, in accord with the procedure prescribed
in Section 61.0220(3) and if not satisfied that the regulation, general
provision, or condition is being complied with, may revoke the Variance
or take such action as may be necessary to ensure compliance with the
regulation, general provision, or condition.
(C) Within two (2) working days following the date of a
decision of the Commission revoking a Variance, the City Planner shall
transmit to the City Council written notice of the decision. The decision
shall become final 28 days following the date on which the Variance was
revoked unless an appeal has been filed within the prescribed 14 day
appeal period, in which case Section 61.0220(7) shall apply.
(10) New Applications:
(A) 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.
(11) Variance to Run With Land Or Structure:
(A) Unless otherwise specified at the time a Variance is
granted, a Variance 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.
(a) AMENDMENTS
(1) Initiation:
(A) A change in the boundaries of any zone may be initiated
by the owner or the authorized agent of the owner of property by filing
an application for a change in zone boundaries (rezoning) as prescribed
in this chapter. If the property for which rezoning is proposed is in
more than one ownership, all the owners or their authorized agents shall
join in filing the application.
Ordinance No. 123
Page 29
(B) A change in the boundaries of any zone or a change
in the regulations may be initiated by the City Planning Commission or
the Council.
(2) Application and Fee:
(A) Application for rezoning shall be filed with the
City Planner on a form prescribed by the City Planner and shall include
the following data and maps:
(I) Name and address of the applicant.
(II) Address and legal description of the property.
(III)If the applicant is not the legal owner of the
property, statement that the applicant is the authorized agent of the
owner of the property for which rezoning is proposed.
(IV) An accurate scale drawing of the site and the
surrounding area showing existing streets and property lines, and existing
and proposed zone boundaries, for a distance determined by the City
Planner to be necessary to illustrate the relationship to and impact on
the surrounding area, but not less than 300 feet or more than 600 feet
from the property proposed for rezoning.
(B) The City Planner may require additional information
or maps if they are necessary to enable the Commission to determine
whether the change is consistent with the objectives of this ordinance.
(C) An application initiated by a property owner shall
be accompanied by a fee established by Resolution of the City Council.
(3) Public Hearing:
(A) The Planning Commission shall hold at least one
public hearing on each application for a change of zone. The hearing
shall be set and notice given as prescribed below:
(I) Notice shall be given to the applicant by
certified mail at least 10 days prior to the date of the hearing.
(II) Notice shall be given to owners of sites
within 300 feet of the subject property by certified mail at least 10
days prior to the date of the meeting.
(III) Notice shall be given by publication at least
10 days prior to the date of the hearing.
(B) The City Planner shall make an investigation of the
application and shall prepare a report thereon which shall be available
to the City Council and Planning Commission and to the applicant prior
to the Public Hearing.
(C) Notice of the decision of the Planning Commission on
a change of zone shall be given to the applicant by mail within S days
of the decision by the Commission.
(4) Action by the Planning Commission:
(A) Not more than 21 days following the closing of the
public hearing, the Planning Commission shall make a specific finding as
to whether the change is consistent with the objectives of this ordinance
and with the General Plan, and shall recommend to the City Council that
the rezoning or change be granted, granted in modified form, or rejected.
(S) Alternative Classification in Lieu of Proposed Classification:
(A) When the Commission determines, following a public
hearing on a proposed rezoning, that a change to a zone classification
other than the proposed classification specified in the hearing notice
is desirable, the Commission may recommend alternate classifications in
accord with the following schedule:
Proposed Zone Described Alternate Zones That
In Public Hearing Notice May Be Considered
A NONE
R-1-1 A
R-1-20 A or R-1-1
R-1-10 A, R-1-20 or R-1-1
R-1-7 A, R-1-10, R-1-20 or R-1-1
R A or any R-1
R- A or R-2
Ordinance No. 123
Page 30
AP A
C-1 A or AP
C-2 A or AP or C-1
MR A or none
M-1 A or MR
M-2 A or MR or M-1
Any Combining Zone None, except as applicable
to any proposed base zone
(B) In order to more properly accommodate these alternate
zone classifications, the notice of public hearing shall indicate the
alternate classifications, if any, which the Planning Commission may
consider.
(6) Appeal to the City Council:
(A) A decision of the Planning Commission involving an
application for a change in zone boundaries may be appealed to the City
Council within 14 calendar days by the applicant or any other person as
prescribed in Section 61.0222.
(7) Action by the City Council:
(A) Not more than 40 days following receipt of the
recommendation of the Planning Commission, the City Council shall hold
at least one public hearing on the rezoning or change, provided that no
hearing shall be held on a proposed rezoning or change which has been
recommended for denial by the Planning Commission unless an appeal is
filed by the applicant or any other person as prescribed in Section
61.0222. The hearing shall be set and notice given as prescribed in
Section 61.0222. Within 21 days following the closing of a public
hearing, the Council shall make a specific finding as 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
shall introduce an ordinance amending the Zoning Map or zoning regulations,
whichever is appropriate. If the Council finds that the change is not
consistent, it shall deny the application or reject the proposal. The
Council may modify a recommendation of the Planning Commission on a
rezoning or change after requesting and considering a report of the Commission
on the modification. Failure of the Commission to report within 30 days
after receipt of the Council request shall be deemed concurrence.
(8) New Application:
(A) Following the denial 4 an application for a change
in zone boundaries or a change in the zoning regulations, an application
or request for the same or substantially the same change shall not be
filed within one year of the date of denial.
(9) Change of Zoning Map:
(A) A change in zone boundaries shall be indicated by
listing on the zoning map the number of the ordinance amending the map.
(10) Prezoning:
(A) For the purpose of establishing zoning regulations
to become effective only upon annexation of property outside the corporate
boundaries of the City of Rancho Cucamonga, prezoning may be considered.
Prezoning is subject to the same procedural requirements as prescribed
for property within the City. Any ordinance duly passed by the City
Council establishing or changing such classification shall become effective
only upon the effective date of annexation of such property to the City
of Rancho Cucamonga.
(B) Upon passage of an ordinance establishing the applicable
zone designation for property outside the City, the zoning map shall be
revised to show the potential or "prezoned" classification to become
effective upon annexation, and shall identify each zone or zones applicable
to such property with the label or nomenclature "PREZONED" in addition
to such other map designation as may be applicable.
�`rcnance ''o.
Page 31
SECTION 2: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its
passage at least once in The Daily Report, a newspaper of general
circulation published in the City of Ontario, California, and circulated
in the City of Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 21st day of January, 1981.
AYES: Frost, Mikels, Palombo, Schlosser
NOES: None
ABSENT: Bridge
(P4hi . Schlosser, Mayor
ATTEST:
auren M. Wasserman, City Clerk