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HomeMy WebLinkAbout719 - Ordinances ORDINANCE NO. 719 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00709, AMENDING PORTIONS OF SECTION 17.08 RESIDENTIAL DISTRICTS OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, ALLOWING PUBLIC STORAGE FACILITIES WITHIN RESIDENTIAL LAND USE DISTRICTS UNDER SPECIFIC CIRCUMSTANCES WITH THE APPROVAL OF A CONDITIONAL USE PERMIT, AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS. 1. On September 24, 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. 03-138, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On November 5, 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 the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City Council hereby finds and determines that 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 15061(b)(3) of Division 6 Title 14 of the California Code of Regulations. Ordinance No. 719 Page 2 of 8 SECTION 3: Section 17.08.030 - Use Regulations for Residential Districts, Section 17.08.030.E.5 - Special Use Regulations/Recreational Vehicle Storage or Mini-Storage Facilities, Section 17.08.050. F. 1 .d - Absolute P olicies/Land U se Conflict M itigation Measures/Orientation, and Section 17.08.050.F.l.e- Absolute Policies/Land Use Conflict Mitigation Measures/Barriers and Alleviation of the Development Code hereby are amended to read, in words and figures, as shown in Exhibit "A." SECTION 4: If any section, subsection, sentence, clause, phrase, orword 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 5: 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. Please see the following page for formal adoption, certification and signatures Ordinance No. 719 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 19th day of November 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William J'.~" ' , y ATTEST: 'b~r~ J. Ad-~.n~,, CMC, Cit~;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 5th day of November 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 19th day November of 2003. Executed this 20th day of November 2003, at Rancho Cucamonga, California. Debra J. Ad~'r~, CMC, City Clerk Ordinance No. 719 Page 4 of 8 Rancho Cucamonga Development Code Section 17.0& 030 USE YL L LM M MH H 17. Utility or Service Facility C C C C C C 18. Recreational Vehicle Storage C C C C C or Mini-Storage for public use C. Accessory Uses 1. Accessory Structure P P P P P P 2. Antenna P P P P P P 3. Caretaker's Residence C C C C C C 4. Guest House P P P 5. Home Occupation P P P P P P 6. Lodging Unit P P P 7. Other Accessory Uses P P P P P P 8, Private Garage P P P P P P 9. Private Swimming Pool P P P P P P 10. Second Dwelling Unit (including p p p elder cottage) 1 I. Recreation=! Vch!c!c ?.crcgc C G G C G 12. Feed & Tack Store (if accessory to C commercial stable) 13. Dormitory (if accessory to college or C C C C C C school) 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 bailers for use in conjunction with religious and C C C C C C agricultural uses for a specified interim period. p = Permitted Use C = Conditional Use Permit required E. Special Use Renulations 1. Aqricultural Uses. Prior to development, the following agricultural uses are either permitted or conditionally permitted on lots of 2.5 acres or more: EXHIBIT "A" t 7.08-4 07/03 Ordinance No. 719 Page 5 of 8 Rancho Cucamonga Development Code Section 17.08.030 Minimum Site Maximum Allowable Area Per Number Of Residential Type of Animal Animal(s) Animals On Required Any SitetA) District 7. Household pets other than a cat or dog None No Maximum All 8. Exotic or Wild Animals t~J ts/ All Notes: (A) Young animals bom to a permitted animal kept on the site may be kept until such animals are weaned. (cats and dogs - 4 months; large animals - 6 months; horses- 12 months) (B) As established by Conditional Use Permit review. (C) A minimum of 20,000 square feet of lot is required to maintain these animals. (D) More than 5 birds or rodents per each 5,000 square feet of site area may be permitted subject to approval of a Conditional Use Perm/t. (E) A pony, which is defined as any ho~se measuring 14 hands and 2 inches or less in height at the v~the~s, may be kept in addition to the keeping of two horses or in lieu of two horses, three ponies may be kept on a 20,000 square foot lot. 3~ Home Occupations. The use of a residence for business purposes shall be permitted subject to issuance of a Home Occupation Permit (See Section 17.04.060). 4. Mobile Homes. One mobile home is permitted on a lot in a residential District, except Very Low, subject to the following requirements: a. The mobile home is placed on a permanent foundation system in compliance with all applicable building regulations. b. The mobile home construction is certified under the National Mobile Home Construction and Safety Standards Act of 1974 and which was constructed after October 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). c. 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 criteria: (1) The design of the mobile home unit shall be similar in character and appearance to other dwellings in the area for such things as unit size, roof overhangs, roof materials and exterior materials. (2) All building setbacks, parking, coverage, height, width and sign requirements of the base District shall apply. 5. Recreational Vehicle Storaqe Y3rd or Minl-Storaqe Facilities. The parking and storage of recreational vehicles and mini-storage facilities in proximity to residential users shall 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. 17.08-7 3/01 Ordinance No. 719 Page 6 of 8 Rancho Cucamonga Development Code Section 17.0& 030 a. All storage activities shall be screened from public view by a combination of block or masonry wall, berming, dense landscaping, or building mass. The development of mini-storage facilities may be considered in residential land use districts as a means of mitigating land use conflicts outlined in Section 17.08.050.F. There are certain locations within the City where residentially designated properties are located adjacent to undeveloped parcels of land where this transition between the existing 'residential neighborhood and non-residential influences (i.e. high traffic corridors, commercial or industrial land uses, etc.) is a primary design issue that prevents desirable development, resulting in such parcels remaining undeveloped or under-developed. The mini-storage use would be considered in situations where the facility would act as mitigational buffers for residential developments impacted by unchangeable environmental issues, such as traffic and noise, as determined by the Planning Commission, b. Retail or wholesale activity, Commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled pads are prohibited. c. The development of the mini-storage facility is subject to all Site Development Criteria as detailed in Section 17.10,040; and the Performance Standards as outlined in Section 17.10.050. 6. Second Dwe~linq Units. Permitted subject to the following criteria: a. The unit may be constructed as an accessory building or attached to the primary residence on a parcel in a single-family residential district. b. The unil is eot for sale, but for rental purposes only, or use by a member of the immediate family. c. The lot contains an existing single-family detached residence, and does not contain a guest house. 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 Jot 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. The 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 3/01 17.08-8 Ordinance No. 719 Page 7 of 8 Rancho Cucamonga Development Code Section 17.0& 050 7. The Project promotes energy efficiency through the use of energy efficient building design, (e.g., south facing windows, energy conserving building materials and appliances, etc.) and site planning (e.g., east-west aligned units, landscaping for solar access, etc.). 8. Ti3e Project contains trees protected by the Rancho Cucamonga Municipal Code that are worthy of preservation; an application for a tree removal permit and report have been submitted and healthy trees are preserved through proper site planning and grading techniques. F. Land Use Conflicts. The matrix in Tabre 17.08.050-F indicates the conflicts that are presumed to exist between land uses. The types of mitigation measures listed in the fctlowing sections are the design tools that should be employed either separately or in combination to mitigate existing or potential land use conflicts. The Absolute Policies require that such conflicts be effectively mitigated in the project design. 1. Land Use Conflict Mitigation Measures. a. Open Space Setbacks. By providing an open space buffer between conflicting land uses, conflicts can often be avoided. The width of the buffer required will depend on the severity of conflict and the extent of landscaping. To work effectively, the ownership, use, and maintenance of the open space buffer must be clearly defined. b. Landscapinq and Topoflrephic Chanqes. AS part of an open space buffer or as a treatment of land immediately adjacent to buildings, landscaping can be used to reduce conflicts. c. Dense Plantings of Evergreens Can Provide a Visual Buffer. (1) Sensitive landscaping can soften the sharp visual contrast between two abutting land uses by subduing the differences in architecture and bulk and by providing a gradual transition rather than a harsh edge between uses. (2) Dense growth of plants can be visually appealing but also can be used to discourage unwanted and unsafe pedestrian or bicycle access between land uses. (3) Landscaping can be used in combination with other mitigation measures, such as reducing the width of open space buffer required and soften the visual conflict created by safety and security fences. (4) Re-centoudng of the land can alter views, subdue sounds, reduce glare, change the sense of proximity, and channel pedestrian travel. d. Orientation. The strict spatial proximity between land uses and the apparent or functional proximity can be very different depending on the orientation of buildings and activities in the two land uses. (1) The buildings themselves can cause a buffer to be created by effectively turning their backs on each other or by buffering residential land uses from offensive noise and traffic generating activities - orienting views, access, and principal activities away from the other land use. Care must be taken, however, that a hazardous and unaesthefic "no-mans" land is not created in the process. 17.08-30 Ordinance No. 719 Page 8 of 8 Rancho Cucamonga Development Code Section l 7.08. 050 (2) Alternately, the intervening space can be eliminated altogether if the two buildings share a common back wall. (3) An entire site plan shall be oriented so that the activities and functions are aligned hierarchically - placing those least compatible furthest from the common boundary between land uses and those most compatible near that boundary (i.e., single story adjacent to single story). e. Barriers and Alleviation. It may be appropriate and necessary to use physical barriers to prevent the undesirable attributes of one land use from affecting the people and activities in the adjacent land use. (1) Fences, walls, and berms can prevent the passage of people into areas that would be unsafe or insecure. (2) Light and noise can also be mitigated through physical barriers such as fences, walls, berms, screens, landscaping, or compatible non- residential buildings or structures. f. Architectural Compatibirity. In addition to the architectural considerations involved in mitigation through orientation, the architectural design of buildings can reduce conflict and promote compatibility. (1) Materials, colors, scale, and prominence of buildings in adjacent land uses can be coordinated so there is a gradual transition from one land use to another rather than a sharp and displeasing contrast. Purely aesthetic details that are "tacked" onto a building to cover up land use conflicts, however, will cause more harm than good. (2) The architectural compatibility should rise from a total consideration of the function of each land use and the function of the space between them. g. Circulation. Streets and parking areas can often serve to reduce certain types of land use conflicts, Separation of conflicting uses with a street or parking area can provide a buffer. 17.08-31