HomeMy WebLinkAbout795 - OrdinancesORDINANCE NO. 795
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT DRC2008-00196, AMENDING PORTIONS
OF SECTION 17.08 -RESIDENTIAL DISTRICTS; SECTION
17.10 -COMMERCIAL/OFFICE DISTRICTS; AND SECTION
17.30 - INDUSTRIAL DISTRICTS OF THE RANCHO
CUCAMONGA DEVELOPMENT CODE, PROHIBITING PUBLIC
STORAGE FACILTIES INCLUDING RECREATIONAL VEHICLE
STORAGE IN RESIDENTIAL DISTRICTS AND COMMERCIAL
ZONES (WITH THE EXCEPTION OF THE PROVISION FOR
SUCH FACILITIES PERMITTED OR CONDITIONALLY
PERMITTED WITHIN THE TERRA VISTA COMMUNITY PLAN)
THE AMENDMENT ALSO AMENDS SECTION 17.30 FROM
PERMITTING STORAGE FACILITIES "BY RIGHT" AND TO
REQUIRE A CONDITIONAL USE PERMIT FOR ALL STORAGE
FACILITY APPLICATIONS; AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. On August 13, 2008, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Development
Code Amendment DRC2008-00196 and, following the conclusion thereof, adopted its
Resolution No. 08-35, recommending that the City Council of the City of Rancho Cucamonga
adopt said Development Code Amendment.
2. On September 17, 2008, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the Development Code Amendment.
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 September 17, 2008, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The proposed amendment applies to properties within the City of Rancho
Cucamonga; and
b. The proposed amendment contemplates amending text in the Rancho
Cucamonga Development Code Section 17.08, Use Regulations for Residential Districts as
shown in Table 17.08.030, Section 17.10.030, Use Regulations for Commercial/Office Districts
as shown in Table 17.10.030, to prohibit storage facilities in all Residential Districts (except
where already provided for by the Terra Vista Community Plan) and in the Commercial/Office
Ordinance No. 795
Page 2 of 9
Districts. The amendment also amends Section 17.30.030 -Use Regulations for Industrial
Districts and removes the provision for storage facilities "by right" and further requires a
Conditional Use Permit for all storage facility applications; and
c. Additionally, the current text in the Development Code allows such uses in the
Commercial Office (CO) District, which also limits the potential fdr compatible uses within that
zone and by restricting these uses in this district provides for development more consistent with
the intent of the Development Code and the possible adjacent uses allowed within that district;
and
d. The current table in the Development Code for use regulations within the
Industrial Districts allows for such facilities to be permitted "by right" within the General Industrial
(GI) zone, Subareas 3 and 8, and the Heavy Industrial (HI) zone, Subarea 15, which could
result in an over concentration of storage facilities in any one industrial zone. or area.
e. The application further requires a Conditional Use Permit be issued for all
future storage facility applications regardless of the zone designation; and,.
f. 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). Because the current.
text in the Development Code allows such uses in residential zones, storage facilities have been
developed in these areas. Subsequent to that development, the impacts to residents located
near or adjacent to such facilities such as noise, glare, night time lights, security and perceived
loss of property value are found to be detrimental to their health, safety and could be materially
injurious to those residential property owners. In this case, the ordinance constitutes a text
amendment that further restricts and/or limits the possible locations of future storage facilities
that will serve to reduce potential significant impacts. The City Council has reviewed Staff's
determination of exemption, the Planning Commission's adoption of that exemption, and further
concurs with the determination of exemption.
SECTION 3: Based upon the substantial evidence presented to this Council during the
above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1
and 2 above, this Council hereby finds and concludes as follows:
a. This amendment does not conflict with the Land Use Policies of the General
Plan and will provide for development, within the district, in a manner consistent with the
General Plan and with related development; and
b. This amendment does promote the goals and objectives of the Development
Code; and
c. The proposed amendment will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity; and
d. The proposed amendment is in conformance with the General Plan.
SECTION 4: Development Code Section 17.08, Table 17.08.030 -Use Regulations for
Residential Districts, is hereby amended to change, in words and figures, as shown in the
attached Exhibit "A."
Ordinance No. 795
Page 3 of 9
SECTION 5: Development Code Section 17.10, Table 17.10.030 -Use Regulations for
Commercial/Office Districts, is hereby amended to read, in words and figures, as shown in
Exhibit "B."
SECTION 6: Development Code Section 17.30 Table 17.30.030 -Use Regulations for
Industrial Districts, is hereby amended to read, in words and figures, as shown in Exhibit "C."
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 any one 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 fhe lollowing page
for /ormal adoption, certihcatlon and signatures
Ordinance No. 795
Page 4 of 9
PASSED, APPROVED, AND ADOPTED this 1st day of October 2008.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
~~ ,~ ~`~ cam
Kathryn L. Sc tt, CMC, Acting City Clerk
I, KATHRYN 'L. SCOTT, ACTING 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 17'" day of
September 2008, and was passed at a Regular Meeting of the City Council of the City of
Rancho Cucamonga held on the 1st day of October 2008.
Executed this 2nd day of 2008, at Rancho Cucamonga, California.
~~~
Kath L. Sc tt, CMC, Acting City Clerk
Ordinance No. 795
Page 5 of 9
EXHIBIT A
Table 17.08.030 -Use Regulations for Residential Districts
USE VL L LM M MH H
1. Utility or Service Facility C C C C C C
0 00...0..x'., ..i v~~, ~..ie e~....,..o ..
S
S
S
O
O
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
elder cottage) P P P . P P P
11. Feed & Tack Store (if accessory to
commercial stable) C
12. Dormitory (if accessory to college or
school) C C C C C C
13. 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
those provisions.
P
P
P
P
P
P
2. Temporary trailers for use in
conjunction with religious and
agricultural uses for a specified
interim period.
C
C
C
C
C
C
Note: Symbol * indicates permitted in conjunction with optional development standards,only.
P =Permitted Use
C =Conditional Use Permit required
Ordinance No. 795
Page 6 of 9
RANCHO CUCAMONGA DEVELOPMENT CODE-SECTION 17.08.030
EXHIBIT A-2
1. Each dog None 3 All
2. Household pets other than a cat
or do None No Maximum All
3. Exotic or Wild Animals teJ tel All
Notes:
(A) Young animals bom to a permitted animal kept on the site may be kept until such animals an: 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 (eet of lot is required to maintain these animals.
(D) More than 5 bircls or rodents per each 5,000 square feet of site area maybe permitted subject to approval of
a Conditional Use Permit.
(E) A pony, which is defined as any horse measuring 14 hands and 2 inches or less in height at the withers,
maybe kept in addition to the keeping of lwo horses or in lieu of two horses, three ponies maybe 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.
Ordinance No. 795
Page 7 of 9
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Second Dwelling 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 single-family and multi-family residential districts.
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 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.
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.
11/OS
Ordinance No. 795
Page8of9
EXHIBIT B
Table 17.10.030 -Use Regulations for Commercial/Office Districts
42. Locksmith shop. - P P
43. Massage establishments. - - C
- - 6
45. Mortuaries and cemeteries. C C C
46. Music, dance, and martial arts studio. - P P
47. Newspaper and magazine stores. P P P
48. Nurseries and garden supply stores; provided, in
the NC district, all equipment, supplies and material
are kept within an enclosed area, and provided that
fertilizer is stored in acka ed form onl .
_
P
P
49. Office and business machine stores. P P P
50. Office supply stores. P - P
51. Parking facilities (commercial) where fees are
char ed. P P
52. Pawn shops. - - C
53. Pet shop. - P P
54. Political or philanthropic headquarters. P P P
55. Plumbing shop and supplies. - - P
56. Photocopy. P P P
57. Printing shops. - - P
r~ oo...o~~~.. ~i von. ~..io c~.,~~,.e v~..~ _ _ S
59. Restaurants (other than fast food).
a. With entertainment and/or cocktail lounge
and bar.
b. Incidental serving of beer and wine but
without a cocktail lounge, bar,
entertainment, or dancin .
C
P
C
P
C
P
60. Shoe stores, sales and repair. - P P
61. Second-hand store. - C C
Ordinance No. 795
Page 9 of 9
EXHIBIT C
Table 17.30.030 -Use Regulations for Industrial Districts
SUMMARY OF LAND USE TYPE BY SUBAREA
LAND USE IP GI GI GI G GI IP IP GI MIIHI GI GI IP GI GI HI I IP MU/OS
USE TYPES SUBAREAS HO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 17 18
MANUFACTURI NG
Custom P P P P P P P P P P P P P C P
Light P P P P P P P P P P P P P C P
Medium C C C P P' C P P P P P P
Heavy P
Minimum Impact Heavy P P Z
OFFICE PROFESSIONAL D ESI GN & RESEARCH J
Administrative & Office P P P P P P P C P C C P P 11
Professional/Design Services P P P P P P P C P C C P P V
Research Services P P P P P P P P P P P P P P P LL
WHOLESALE, STORAGE, & DISTRIBUTION ()
Public Storage C C RC C C RC C C C C RC lL
Light P P P P P P P P P P P P P P P P P N
Medium C P P C P P' P P P P P P P ~
Heavy C P C P r
MATERIALS RECOVERY FACILITIES Q
Collection Facilities P P P P P P P P P P P P I
~
Processing Facilities C C C C C C C C Q
Scrap Operation C m
CIVIC ~
to
Administrative Civic Services P P P P P P P P P P P P P O
Convention Centers C C C ~
Cultural P C C P C C Q,
Day Care Facility C C C C C C C C C C C C C C C C lJJ
Emergency Shelter C C C C LL
Extensive Impact Utility Facilities C C C C C C C ~
Flood Control/Utility Corridor P P P P P P P P P P P P P P P P P P
Public Assembly C C C C C C C C C C C C C
Public Safety & Utility Services C C C C C C C C C C C C C C C C C C
Religious Assembly C C C C C C C C C C C C C
Schools C C C C C C C C C C C C C C C C
NOTES
IP -Industrial Park P -Permitted Use
HO -Haven Avenue Overlay District C -Conditionally Permitted Use
GI -General Industrial ^ -Non-Marked Uses not permitted
MI/HI -Minimum Impact Heavy Industrial A -Adult Entertainment Zoning Permit Required
HI -Heavy Industrial MU/OS -Mixed Use/Open Space
P' -Permitted with Master Plan approval for 35 acre minimum