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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"