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ORDINANCE NO. 772
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC200G-00772, AMENDING SECTION
17.02.140 DEFINTIONS, AMENDING SECTION 17.0a.OGO.A.
ACCESSORY STRUCTURES AND ADDITIONS, AND
AMENDING SECTION 17.0a.OGo.c. PROJECTIONS INTO
YARDS, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. RECITALS.
1. On September 6, 2006, the City Council of the City of Rancho Cucamonga
declared their intent to amend the public hearing and notification
requirements to increase the number of property owners receiving public
hearing notices and to increase the amount of time between when the public
hearing notice and when the hearing is conducted.
2. On October 11, 2006, 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. 06-88, recommending that the
City Council of the City of Rancho Cucamonga adopt said Amendment.
Hereinafter in this Resolution, the subject Development Code Amendment is
referred to as "the application."
3. On November 15, 2006, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the Development Code
Amendment.
4. 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, Part 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 date, including
written and oral staff reports, together with publiC testimony, the
City Council hereby specifically finds as follows:
a. The application applies citywide; and
b. The proposed amendment will not have a significant impact on
the environment; and
c. This amendment does promote the vision of our General Plan
to uphold our critical values, including "an ethic of strong
citizen involvement in community affairs" by encouraging
greater public participation in the public hearing process.
Ordinance No. 772
Page 2 of 5
SECTION 3: The Planning Department staff has determined that the project is
statutorily exempt from the requirements of the California
Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under Section 15061 (b)(3) of the
State CEQA Guidelines because it can be seen with certainty that
this text amendment that will not cause a significant effect on the
environment. The City Council has reviewed the Planning
Department's determination of exemption, and based on its own
independent judgment, concurs in the staffs determination of
exemption.
SECTION 4: Chapter 17.02, Section 17.02.140 - Definitions, the definition for
Accessory Structure is amended to read, in words and figures, as
shown in the attached Exhibit "A" (new text is shown in bold and
deleted text is shown with strikethrough):
SECTION 5: Chapter 17.08, Section 17.08.060.A. Accessory Structures and
Additions is hereby amended to read, in words and figures, as
shown in the attached Exhibit "A" (new text is shown in bold and
deleted text is shown with strikothrough).
SECTION 6: Chapter 17.08, Section 17.08.060.C. Projections into Yards is
hereby amended to read, in words and figures, as shown in the
attached Exhibit "A" (new text is shown in bold and deleted text is
shown with strikethrough).
SECTION 7: 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 anyone or
more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted
by subsequent legislation.
SECTION 8: 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 fol/owing page
for formal adoption, certification and signatures
Ordinance No. 772
Page 3 of 5
PASSED, APPROVED, AND ADOPTED this 6th day of December 2006.
AYES: Gutierrez, Kurth, 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 18th day of October 2006, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
6th day December 2006.
Executed this 7th day of December 2006, at Rancho Cucamonga, California.
Ordinance No. 772
Page 4 of 5
Section 17.02.140 Definitions
STRUCTURE. ACCESSORY: A subordinate building which is incidental and not attached
to the main building or use on the same lot. If an accessory building is attached to the
main building or if the roof is a continuation of the main building roof, the accessory
building shall be considered an addition to the main building. Includes structures
regardless of whether a building permit is required, including, but not limited to:
enclosed and unenclosed patios, barns, cabanas, guest houses, second dwelling
units, garages, carports, storage buildings/sheds, trellis, gazebos, decks, and real
or artificial rocks capes.
Section 17.08.060
A. Accessory Structures and Additions.
1. Accessory structures of 120 square feet or greater floor area and a height
of eight feet or greater, 'shieh re~~irc a b~ildin€l !JorA'lit (inel~din€l onelesed
and ~nonelesed !Jalies, barns, eabanas, €l~cst houses, seeend dwe1lin€l ~nits,
€laragcs, carports, and stera€le buildin€ls), and additions to the main dwelling,
may be located in a required interior side yard or rear yard, except as required
in Tables 17.08.040-8 and C, subject to the following limitations.
a. Heiqht. A height limit of 16 feet shall apply within the required yard area.
Two-story additions may encroach a maximum of 5 feet into the required
rear yard if the City Planner determines that the encroachment is
necessary for a continuation and extension of the architectural design,
style, and function of the structure.
b. Coveraqe. A maximum 30 percent building coverage shall apply within
any required yard area; however, shall also meet the maximum lot
coverage limitations of this Chapter.
c. Rear vard setback. Accessory structures or additions, except 2-story
structures, may be located 5 feet from the rear property line, excluding
eave overhang. Double frontage lots (through lots) adjacent to major and
secondary arterials may not be placed 5 feet from the rear property, but
rather must meet the minimum rear yard setback of the base district.
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EXHIBIT A
Ordinance No. 772
Page 5 of 5
d. Interior side vard setback. The minimum side yard setback of the base
district or that of the existing building shall apply, whichever is less,
except accessory structures or additions may be located a minimum
setback of 5 feet from the side property line only within the rear yard area,
excluding eave overhang. Unenclosed patios attached to the main
building shall be located at least 5 feet from the side property line only
within the rear yard area, excluding eave overhang.
e. Front vard and corner side vard. No accessory structure or addition shall
occupy any portion of a required front yard or corner side yard.
2. Play Equipment. No athletic apparatus, or other sports related accessory
structures, such as batting cages, basketball backboards, skateboard
ramps, etc., and no play equipment, such as swings, slides, jungle gyms,
playhouses, etc., shall exceed 16 feet in height.
3. Temporary, Portable and Permanent Shade Structures.
a. Carports and accessory structures or shelters for the storaQe of
vehicles. recreational vehicles. trailers. boats. self-propelled
eQuipment and bulkv items. Portable, collapsible, or permanent
shade structure made of canvas, vinyl, aluminum, wood, or similar
materials, may be erected, installed, or maintained in within any
interior side or rear setback area, but not within any front or corner
side yard setback area or within a recorded easement. A minimum
setback of 5 feet from interior and rear property lines shall be
maintained. This section shall not apply to a garage or carport for
which a building permit has been issued.
b. A portable, collapsible, or permanent shade structure located within
a required interior side or rear setback area shall have a maximum
height of 10 feet.
C. Proiections into Yards.
1. Eaves, roof projections, awnings, and similar architectural features may project
into required yards a maximum distance of 3 feet, provided such appendages
are supported only at, or behind, the building setback line.
2. Replacement chimneys, bay windows, balconies, fire escapes, exterior stairs
and landings, and similar architectural features may project into required yards
a maximum distance of 2 feet, provided such features shall be at least 3 feet
from a property line.
3. Decks, platforms, uncovered porches, and landing places which do not exceed
a height of 48 inches above grade, may project into any front or corner side
yard a maximum distance of 6 feet and project into any rear or interior side
yard up to the property line.
3
4. Minor Structures and Equipment. Minor accessory structures with less
than 120 square feet of floor area, and not exceeding eigRt six feet in
height, may be located within any interior side or rear setback area, but
not within any front or corner side yard setback area except where
screened from public view. Examples include, but not limited to: storage
sheds, trash enclosures, dog houses, play equipment, and playhouses.
EXHIBIT A