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HomeMy WebLinkAbout748 - Ordinances ORDINANCE NO. 748 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS APPLICABLE TO SECOND DWELLING UNITS IN CONFORMANCE WITH STATE LAW, AND AMENDING TITLE 17 (THE DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. RECITALS. 1. Government Code Section 65852.2 requires each city to adopt an ordinance that allows second dwelling units in respon~e to the critical need for affordable housing statewide. The purpose of this Ordinance is to amend the City's Development Code and adopt those regulations necessary in order to comply with Section 65852.2. 2. Government Code Section 65852.2 defines a second unit as "an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, on the same parcel as the single-family dwelling is situated." A second dwelling unit also includes an efficiency unit as defined in Health and Safety Code Section 17958.1 and a manufactured home as defined in Health and Safety Code Section 18007." Efficiency units are defined as "units for occupancy by no more than two persons which have a minimum floor area of 150 square feet and which may also have partial kitchen or bathroom facilities." Manufactured homes are defined as "a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this part. 'Manufactured home' includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.)." 3. On September 14, 2005, the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the Development Code amendments contained herein, as required by law. At the conclusion of the hearing, the Planning Commission recommended adoption of said amendments. 4. On October 19, 2005, the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the Development Code amendments contained herein as required by law. Ordinance No. 748 Page 2 of 7 5. All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council hereby ordains as follows: SECTION 1: The facts set forth in the Recitals, Part A of this Ordinance, are true and correct. SECTION 2: The provisions of this Ordinance and the Development Code amendments contained herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act. as amended. and the Guidelines promulgated thereunder. The City Council finds that this Ordinance and said Development Code amendments are exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061(b)(3) of the Guidelin,es. SECTION 3: Section 17.02.140.C Definition for Second Dwelling Unit, of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "SECOND DWELLING UNIT: A detached or attached dwelling unit, which provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcels as the primary unit is situated. A second dwelling unit also includes an efficiency unit as defined in Health and Safety Code Section 17958.1 and a manufactured home as defined in Health and Safety Code Section 18007." SECTION 4: Table 17.0B.030 Use Regulations of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to permit second dwelling units in all residential districts as shown in the attached Exhibit A. SECTION 5: Section 17.08.030.E. Special Use Regulations, subsection 6 Second Dwelling Units, of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "6. Second Dwellinq Units. Permitted subject to the followin~1 criteria: a. The unit may be constructed as an accessory building or attached to the primary residence on a parcel in a single-family and multi-family residential districts. Ordinance No. 748 Page 3 of 7 b. The unit is not for sale, but for rental purposes only, or use by a member of the immediate family. c. The lot contains an existing single-family detached residence, and does not contain a guest house. 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 sq uare 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 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 criteria applicable to accessory buildings or additions to main residence in the base district in which the unit is located. h. The unit shall match the architectural style of the primary residence in design features, such as but not limited to, material, colors, roofing, scale, surface treatments, and details. i. The unit shall conform to the Hillside and/or Equestrian Overlay District in which it is located. Ordinance No. 748 Page 4 of 7 j. The use of temporary/removable structures for a second dwelling unit shall be restricted to the area at the rear of the primary residence and adhere to all development criteria in this section. k. The applicant shall submit to the Buiiding and Safety Department written certification from the affected water and sewer district that adequate water and sewer facilities are or will be available to serve the proposed unit. For units using septic facilities allowable by the Santa Ana Regional Quality Control Board and the City, written certification of acceptability including all supportive information shall be submitted." SECTION 6: Severabilitv. The City Council declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance. Please see the fo/kMIing page for formal adoption. certification and signatures Ordinance No. 748 Page 5 of 7 PASSED, APPROVED, AND ADOPTED this 2nd day of November 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: 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 19th day of September 2005, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day November 2005. Executed this 3'd day of November 2005, at Rancho Cucamonga, California. t Ordinance No. 748 Page 6 of 7 EXHIBIT A USE VL L LM M MH H A. Residential Uses Single-Family Detached P P P p' - - Single-Family Attached (du-, tri- and four-plex) - - P P P P Multiple Family Dwellings - - p' P P P Mobile Home Parks C C C C C C B. Other Uses 1. Animal Care Facility C - - - - - Cemetery C C C C C C Church C C C C C C Club, Lodge, Fraternity & Sorority - C C C C C College or University C C C C C C Convalescent Center - - C C C C Public Facility C C C C C C Day Care Facility Accessory - 6 or less P P P P P P Non-Accessory - 7 or more C C C C C C Fire & Police Station C C C C C C Hospital - - C C C C Outdoor Recreation Facility (non-commercial) C C C C C C Public Park and Playground P P P P P P Residential Care Facility Accessory - 6 or less P P P P P P Non-Accessory - 7 or more - - C C C C Schools, Private & Parochial C C C C C C Stable, Commercial C - - - - - Stable, Private P - - - - - Utility or Service Facility C C C C C C Recreational Vehicle Storage or Mini- C C C C C Storage for public use Table 17.08.030- Use Regulations for Residential Districts Ordinance No. 748 Page 7 of 7 C. Accessory Uses 2. Accessory Structure P P P P P P Antenna P P P P P P Caretaker's Residence C C C C C C Guest House P P P - - - Home Occupation P P P P P P Lodging Unit P P P - - - Other Accessory Uses P P P P P P Private Garage P P P P P P Private Swimming Pool P P P P P P Second Dwelling Unit (including elder cottage) P P P P P P Feed and Tack Store (if aCCE!Ssory to C commercial stable) - - - - - Dormitory (if accessory to college or school) C C C C C C Uses in Historic Structures C C C C C C D. Temporary Uses 3. Temporary Uses as prescribed in Section P P P P P P 17.04.070 and subject to those provisions. Temporary trailers for use in conjunction with religious and agricultural uses for a C C C C C C specified interim period. Note: Symbol * indicates permitted in conjunction with optional development standards only. P = Permitted Use C = Conditional Use Permit required"