HomeMy WebLinkAbout710 - Ordinances ORDINANCE NO. 710
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC2003-00348, A REQUEST TO AMEND
SECTION 17.08.030, RESIDENTIAL DISTRICTS, OF THE
RANCHO CUCAMONGA DEVELOPMENT CODE REGARDING
SECOND DWELLING UNITS WITHIN THE VERY LOW, LOW,
AND LOW-MEDIUM (.1-2, 2-4, AND 4-8 DWELLING UNITS PER
ACRE, RESPECTIVELY) RESIDENTIAL DISTRICTS TO
COMPLY WITH ASSEMBLY BILL 1866, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. RECITALS.
1. On May 14, 2003, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing with respect to the
above referenced Development Code Amendment and, following the
conclusion thereof, adopted its Resolution No. 03-74, recommending that the
City Council of the City of Rancho Cucamonga adopt said amendment.
2. On June 4, 2003, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the amendment to the
Development Code.
3. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. ORDINANCE.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1.' This City Council hereby specifically finds that all of the facts set
forth in the Recitals, Par[ A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council
during the above-referenced public hearing on June 4, 2003,
including written and oral staff reports, together with public
testimony, the City Council hereby specifically finds as follows:
a. The State of California recently passed Assembly Bill 1866,
which was signed into law by the Governor and mandates that
second dwelling units be handled as a ministerial action (i.e.,
without discretionary review) for the express purpose of
providing affordable housing in the state; and
b. The proposed amendment applies to property located in the
Very Low, Low, and Low-Medium Residential Districts within
the City of Rancho Cucamonga; and
Ordinance No. 710
Page 2 of 6
c. The app)ication would implement Assembly Bill 1866 by
modifying the land use regulations table applicable to the
Residential Districts to allow second dwelling units as a
permitted use within the Very Low, Low, and Low-Medium
Residential Districts; and
d. The subject amendment identified in this Ordinance is exempt
from the requirements of the California Environmental Quality
Act of 1970, as amended, and the Guidelines promulgated
thereunder, pursuant to Section 21080.17 of the Public
Resource Code and Section 15282(i) of Division 6 Title 14 of
the California Code of Regulation.
SECTION 3: Development Code Section 17.08.030, Table 17.08.030 - Use
Regulations for Residential Districts, is hereby amended to
change second dwelling units to a permitted use in the Very Low,
Low, and Low-Medium Residential Districts, in words and figures,
as shown in the attached Exhibit "A-1 ."
SECTION 4: Development Code Section 17.08.030.E. - Special Use
Regulations, is hereby amended to read, in words and figures, as
shown in Exhibit "A-2" and "A-3."
SECTION 5: If any section, subsection, sentence, clause, phrase, or word of
this Ordinance is, for any reason, deemed or held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, or preempted by legislative enactment, such decision
or legislation shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Rancho
Cucamonga hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause,
phrase, or words thereof, regardless of the fact that any one or
more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted
by subsequent legislation.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published within 15 days after its
passage at least once in the Inland Valley Daily Bulletin, a
newspaper of general circulation published in the City of Ontario,
California, and circulated in the City of Rancho Cucamonga,
California.
Ordinance No. 710
Page 3 of 6
PASSED, APPROVED, AND ADOPTED this 18th day of June 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
A'I-FEST: William J.j~nder,~yor ,~
D~'~ra J. Adams,~MC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 4th day of June 2003, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
18t~ day of June 2003.
Executed this 19th day of June 2003, at Rancho Cucamonga, California.
Ordinance No. 710
Page 4 of 6
Rancho Cucamonga Development Code Section 1 Z O& 030
USE VL L LM M MH H
17. Utility or Service Facility C C C C C C
C. Accessory Uses
1. Accessory Structure p p p p p p
2. Antenna p p p p p p
3. Caretaker's Residence C C C C C C
4. Guest House p p p
5. Home Occupation p p p p p p
....... 6- Lodging'Unit .... p-
7. Other Accessory Uses p p p p p p
8. Private Garage p p p p p p
9. Private Swimming Pool P p p p p p
10. Second Dwelling Unit (including
elder cottage) P
11. Recreational Vehicle Storage Yard
C C C C C
12. Feed & Tack Store (if accessory to C
commercial stable)
13. Dormitory (if accessory to college or
school) C C C C C C
14. Uses in Historic Structures C C C C C C
D. Temporary Uses
1. Temporary Uses as prescribed in
Section 17.04.070 and subject to P P p p p p
those provisions.
2. Temporary trailers for use in
conjunction with religious and
agricultural uses for a specified C C C C C C
interim pedod.
P = Perrnitfed Use
C = Conditional Use Permit required
E. Special Use RequJations
1. Agricultural Uses. Prior to development, the following agricultural uses are either
permitted or conditionally permitted on Jots of 2.5 acres or more:
a. Permitted Uses:
EXHIBIT "A-I"
17.084
Ordinance No. 710
Page 5 of 6
R~ncho Cucamonga Development Code Section 1~7. 08. 030
Notes:
(A) ¥~unganima~sb~mt~apermittedanima~kept~nthesitemaybekeptunti~suchanima~samweaned-
(cats and dogs - 4 months; la~ge animals - 6 months; horses - 12 months)
(B) As established by Condi~onal Use Permi~ review.
(C) A minimum of 20,000 square feet of lot is required to maintain these animals.
(D) M~re than 5 birds ~r r~dents per each 5~ square feet ~f site ama may be pem1i~ted subject t~ appmva~ ~f
a Conditional Use Petrn/t.
(E) A pony, which is defined as any horse measudng 14 hends and 2 inches or less in height at the withers,
may be kept in addition to the keeping of b~o horses or in lieu of two horses, three ponies may be kept on a
20,000 square foot lot.
3. Home O~ti~ns. The use of a re~ide~'c~-f0~business purposes shall be permitted
subject to issuance of a Home Occupation Permit (See Section 17.04.060).
4. Mobile Homes. One mobita heine is permitted on a lot in a res~ential District, except
Very Low, subject to the following requirements:
a. The mobile home is placed on a permanent foundation system in cempliance
with all applicable building regulations.
b. The mobile home construction is certified under the National Mobile Home
Construction and Safety Standards Act of 1974 and which was constructed after
October of 1976. Documentation indicating certification and construction date
must be submitted to the Building and Safety Division in order to secure valid
building permit(s).
The Design Review Committee shall determine if the placement of the mobile
home is compatible to the immediate area in which it is being placed in
accordance with Section 17.06.010 and the following critada:
(1) The design of the mobile home unit shall be similar in character and
appearance to other dwellings in the area for such things as unit size, roof
overhangs, roof materials and exterior materials.
(2) Ail building setbacks, parking, coverage, height, width and sign
requirements of the base Distdct shall apply.
5. Recreational Vehicle Storaqe Yard. The parking and storage of recreational vehicles in
proximity to residential users shaJl be permitted only on lots of 2 acres or more unless
part of a master planned development, subject to approval of a Conditional Use Permit.
a. All storage activities shall be screened from public view by a combination of block
or masonry wall, berming, dense landscaping, or building mass.
b. Retail or wholesale activity, Commercial dismantling, repair or storage wrecking
activities or the storage of junk or salvage materials or dismantled parts are
prohibited.
6. Second DwellinR Units. Permitted subject to ........ , ~, ~ ,.-~,,~,~.~, ~,~ =~m;*
~ the following criteria:
EXHIBIT "A-2"
3/01
17.08-7
Ordinance No. 710
Page 6 of 6
Rancho Cucamonga Development Code Section 17.08.030
a. The unit may be constructed as an accessory building or attached to the primary
residence on a parcel in a single-family residential district.
b. The unit is not for sole, but for rental purposes only, or use by a member of the
immediate family.
c. The lot contains an existing single-family detached residence, and does not
contain a guest house.
d. The unit shall not exceed 640 square feet if the parcel is less than 20,000 square
feet; if greater than 20,000 square feet, the second unit can exceed 640 square
feet but may not be greater than 950 square feet or 30 percent of the main
dwelling unit, if attached. (Unit size is exclusive of enclosed parking space
requirement.)
Lot Size: A second dwelling unit may be established on a lot or parcel of land
having a minimum of 10,000 square feet.
Height: A detached second dwelling unit shall be limited to one story, shall not
exceed 16 feet in height, and shall not exceed the height of the main dwelling
unit.
e. The unit shall have a separate entrance from the main residence.
f. TI3e unit shall provide parking and access per Chapter 17.12 and provide one
enclosed parking space per bedroom, not to exceed two enclosed spaces per
unit. The enclosed parking space shall not be located in the required front or
side yard setback for the primary unit. Temporary removable units shall provide
one off-street parking space.
g. The unit construction shall conform to the site development cdteria applicable to
accessory buildings or additions to main residence in the base district in which
the unit is located.
h. The unit shaft match the architectural style of the primary residence in
design features, such as but not limited to, material, co/ors, roofing, scale,
surface treatments, and details.
i. The unit shall conform to the Hillside and/or Equestrian Overlay District in
which it is located.
j. The us~ of temporary/removable structures for a second dwelling unit shall be
t k. The applicant shall submit to the Building and Safety Division written certification
from the ~ffected water and sewer district that adequate water and sewer
facilities are or will be availabJe to serve the proposed unit. For units using septic
EXHIBIT "A-3" t ?.08-8 3/01