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HomeMy WebLinkAbout860 - Ordinances ORDINANCE NO. 860 • AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2013-00101, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 8, 2013, 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. 13-22, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On June 5, 2013, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 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 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 June 5, 2013, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City desires to adopt a supplemental update to the Development Code in order to (i) clarify definitions and administrative procedures; (ii) correct prior errors and omissions; and (iii) regulate cottage food operations and ancillary equipment in industrial zones; and b. The City has prepared a set of amendments (the "Amendments"), which is included as Attachment 1. SECTION 3: The City has prepared an Addendum (the "Addendum") to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "Final EIR"), attached hereto as Attachment 2 to this Ordinance, which confirms that the environmental impacts stemming from the Development Code Update were adequately addressed in the Final EIR, and that a subsequent EIR or negative declaration is not required for the Development Code Update. The City Council finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA"). SECTION 4: The City Council hereby adopts the Amendments to the Development Code attached to this Ordinance and incorporated herein by reference as Attachment 1. SECTION 5: The Council hereby directs the City Clerk to make all necessary, non-substantive conforming revisions to the Municipal Code necessary to codify this Ordinance, CITY COUNCIL ORDINANCE NO.860 DRC2013-00101 — DEVELOPMENT CODE AMENDMENT June 5, 2013 • Page 2 including, but not limited to, clerical corrections to section numbers, table and figure references, and cross references. SECTION 6: 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 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause a Summary of this Ordinance 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 PASSED, APPROVED, AND ADOPTED this 19`h day of June 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None i _% ?It ✓ tre 'is Michael ayor ATTEST: ice C. Rey o d, Ci Clerk I, JANICE C. REYNOLDS, 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 June 2013, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 19`h day of June 2013. Executed this 20`h day of June 2013, at Rancho Cucamonga, California. r � ice C. Reynolds, ty Clerk Ordinance No. 860 - Page 3 of 43 Revisions to Rancho Cucamonga Development Code Article II Land Use and Development Procedures Chapter 17.14 General Application Processing Procedures Section 17.14.060 Approving Authority TABLE 17.14.060-1 APPROVING AUTHORITY FOR LAND USE ENTITLEMENTS Designated Approving Authority "R"="Recommending Body" Type of Permit or Decision "F"= "Final Decision-Making Body" Planning Historic Planning City Director Preservation Commission Council Commission Official Code Interpretation F Plan Check/Zoning Clearance F Home Occupation Permit F Sign Permit F Temporary Use Permit F Tree Removal Permit F Uniform Sign Program F Similar Use Determination F Reasonable Accommodation F Site Development Review F Minor Exception F Conditional Use Permit F Minor Design Review F Hillside Development Review F Large Family Day Care Permit F Mills Act R R F Landmark Designation R R F Certificate of Appropriateness R F Certificate of Economic Hardship R F Entertainment Permit R F Design Review R F Variance R F Adult Entertainment Permit R F Tentative Subdivision Map (see Title 16) R F Planned Community R R F Specific Plan R R F Ordinance No. 860 - Page 4 of 43 Revisions to Rancho Cucamonga Development Code Designated Approving Authority "R" ="Recommending Body" "F"= "Final Decision-Making Body" Prezoning R R F Development Code/Zoning Map R R F Amendment Development Agreement R R F General Plan Amendment R R F Section 17.14.070 Appeals A. Appeal Authority. Any interested person may appeal any action of the Planning Director, Historic Preservation Commission or Planning Commission made pursuant to this Article to the designated appeal authority listed in Table 17.14.070-1 (Appeal Authority) within ten (10) days from the date of the action. Actions by the City Council are final and no further administrative appeals are available. Chapter 17.16 Planning Director Decisions Section 17.16.025 Director Determination Process (with Notice) B. Purpose. Certain administrative permits and entitlements decided by the Planning Director require a notice to neighboring property owners. C. Applicability. Notice for Director Determination shall be provided for the following applications: 1. Tree Removal Permit (only if six [6] or more) 2. Minor Exceptions 3. Conditional Use Permits 4. Large Family Day Care D. Notice of Application. Notice of the filing of an application for those applications identified in Subsection B above shall be mailed to persons owning property within six hundred sixty feet (660') of the project site; in the case of tree removal permits or minor exceptions, notice is only required to adjacent properties. For large family day care permits, notice is required one hundred feet (100') of the project site. The notice shall specify that the application will be decided by the City following an open public comment period where comment is received on or before a date specified in the notice which shall be ten (10) days after the date of mailing. This notice shall also include an explanation of appeal rights. Ordinance No. 860 - Page 5 of 43 Revisions to Rancho Cucamonga Development Code E. Decision. The Director may approve, approve with conditions, or deny applications listed in this Section. Decisions shall be based on standards and criteria set forth within this Code and shall be accompanied by brief, written findings and a determination. Planning Director decisions listed in Subsection 17.16.025.B (Applicability) above may be appealed to the Planning Commission. Section 17.16.080 Tree Removal Permit D. Permit Requirements. 1. No person, firm, or corporation shall remove, relocate, or destroy any heritage tree within the City limits, including an applicant for a Building Permit, without first obtaining a Tree Removal Permit from the Planning Director. 2. No Tree Removal Permit shall be issued for the removal of any heritage tree on any lot associated with a proposal for development, unless all discretionary approvals have been obtained from the City, or unless an emergency waiver is granted pursuant to Subsection 17.16.080.H (Emergency Waiver). 3. No tree designated as a historic landmark shall be altered, removed, relocated, or destroyed by any person, firm, or corporation without first obtaining both a Certificate of Appropriateness and a Tree Removal Permit. Alteration, removal, relocation, or destruction of trees designated as historic landmarks may require a Certificate of Compliance even if exempt from the requirement for a tree removal permit under this Section. Section 17.16.110 Minor Exceptions A. Purpose. Exceptions may be needed to certain provisions to allow creative design solutions and to accommodate unique site conditions. B. Applicability. A Minor Exception may be granted to modify certain requirements of this Code, as listed in Table 17.16.110-1 (Standards Subject to Exception). Exceptions do not apply to land use and are not intended to waive a specific prohibition or procedural requirement. Additionally, a Minor Exception may be granted for exemptions from development standards for the repurposing or reuse of industrial warehouse and other large footprint buildings for alternative uses not envisioned when the structure was originally built, provided the use satisfies any allowed use and permit requirements provided in Section 17.30.030 (Allowed Land Uses and Permit Requirements). TABLE 17.16.110-1 STANDARDS SUBJECT TO EXCEPTION Standard Maximum Reduction or Increase Fence height 2-foot increase Parking or loading spaces — Number required 25% Setbacks (reduction) 10% Ordinance No. 860 - Page 6 of 43 Revisions to Rancho Cucamonga Development Code Maximum lot coverage (increase) 10% Maximum height (increase) 10% C. Review Process. An application for a Minor Exception shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. D. Public Notice. The Planning Director shall, not less than ten (10) days before rendering a decision, provide for public comment through notice to adjacent property owners of the pending application. E. Findings. The Planning Director shall approve or approve with conditions, an application for an exception after finding all of the following. If the Planning Director does not make all of these findings, he/she shall deny the Minor Exception. 1. The Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. 2. The proposed development is compatible with existing and proposed land uses in the surrounding area. 3. The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. 4. The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to public health, safety or welfare or materially injurious properties or improvements in the vicinity. F. Conditions. In approving a Minor Exception, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. Section 17.16.130 Minor Design Review F. Review Process. 1. An application for a Minor Design Review shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. 2. The Planning Director shall be the approving authority for Minor Design Reviews. The procedure for review and action shall be as provided in this Section. 3. All development proposals submitted pursuant to this Section may be reviewed by the following committees: (1) Design Review Committee — Ordinance No. 860 - Page 7 of 43 • Revisions to Rancho Cucamonga Development Code architecture and site planning; (2) Grading Committee — grading and drainage; and (3) Technical Review Committee —compliance with technical code requirements. If reviewed by any or all of the aforementioned committees, each committee shall make a recommendation on each project for consideration. 4. Upon acceptance of a complete application, projects subject to Section 17.16.130 F 3 shall be scheduled on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 5. The Design Review Committee shall review the project design submittals and make recommendations to the Planning Director based on: Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards. Hi. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 6. Grading Committee. The Grading Committee will consider items such as, but not limited to, cut and fill areas, drainage and flood control facilities, erosion control, retaining walls, and the effect of proposed grading on adjacent properties. This committee will determine if the grading plan meets City grading guidelines and policies. The decision of the Grading Committee will be forwarded to the Planning Director and will be based on criteria contained in the City's Hillside Development Regulations, Chapter 17.52 (Hillside Development Standards). 7. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, California Building Code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and Ordinance No. 860 - Page 8 of 43 Revisions to Rancho Cucamonga Development Code landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. The committee may also make recommendations to the Planning Director. Article Ill Zoning Districts, Allowed Uses, and Development Standards Chapter 17.30 Allowed Land Use by Base Zoning District Section 17.30.030 Allowed Land Uses and Permit Requirements Ordinance No. 860 - Page 9 of 43 Revisions to Rancho Cucamonga Development Code TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use2oning > —I ! x a U U U O 0 Ox x¢ - rA ¢ U U O x LL District Residential Uses Adult Day Care P P P P P P P N N N N N N N N N N N N P N N Home Caretaker C C C C C C C P P P N N N N C C C C P C P P Housing Dwelling, Multi- N N P P PP P N N N N N N N N N N N N N N N Family Dwelling, Second Unit I'I P P P P P P N N N N N N N N N N N N P P N N Dwelling, Single- P P P P N N N N N N N N N N N N N N P P N N Family Dwelling, Two- N N P P PP P N N N N N N N N N N N N N N N Family Emergency N N N N N N N N N C N N N N N C N N N N N N Shelter Family Day Care Home, Larger"I C C C C C C C N N N N N N N N N N N N C N N Family Day Care P P P P P P P N N N N N N N N N N N N P N N Home, Small Guest House P P P N N N N N N N N N N N N N N N N N N N Group C C C C C C C C C C C N C N N N N N N C N N Residential Home Occupation Izl P P P P PP P N N N N N N N N N N N P P N N Live-Work N N N N N N P N N N N N N N N N N N N N N N Facility Manufactured Home 131 • PP P P N N N N N N N N N N N N N N N P N N Mobile Home C C C C C C N N N N N N N N N N N N N N N N Park Residential Care N N N C C C C N N N N N N N N N N N N N N N Facility Residential Care P P P P P P N N N N N N N N N N N N N P N N Home Single-Room Occupancy N N N P PP P N N N N N N N N N N N N N N N Facility Ordinance No. 860 - Page 10 of 43 Revisions to Rancho Cucamonga Development Code Land Use/Zoning > E 2 _ _ E O U U U mU U 0 a c7 = = O x u 8 I District Transitional PP PP PP P N N N N N N N N N N N N P N N Housing Agriculture and Animal-Related Uses Agricultural Uses N N N N N N N N N N N N N N N N N N P N P P Animal Keeping4 P P P P P P P N N N N N N N N N N N N P N N Domestic Pets I Animal Keeping, C C C C C C C N N N N N N N N N N N N C N N Exotic Animals Animal Keeping, P N N N N N N N N N N N N N N N N N N N N N Insects (4) Animal Keeping, Livestock P P N N N N N N N N N N N N N N N N N N N N Animals (4) - Animal Keeping, P N N N N N N N N N N N N N N N N N N N N N Poultry (4) Equestrian Facility, C N N N N N N N N N N N N N N N N N C N C C Commercial Equestrian P N N N N N N N N N N N N N N N N N N N N N Facility, Hobby Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use C C C C C C C C C C C C C C C C N N N N N N Cemetery/ N N N N N N N N N N N N N N N N N N C N N N Mausoleum Community C C C C C C C C C C C C C N P P N N N C N N Center/Civic Use Community C C C C C C N N N N N N N N N N N N P N P P Garden Convention N N N N N N C C C C C C C C C C C C N N N N Center Golf Course/ N N N N N N N N N N N N N N N N N N C N C C Clubhouse Indoor Amusement/ N N N N N N C N C C P P P N N N N N N N N N Entertainment Facility Indoor Fitness and Sports N N N N N N C C C C C C C C C C N N N N N N Facility—Large Indoor Fitness and Sports N N N N N N P PP P P C P P C C N N N N N N Facility—Small Ordinance No. 860 - Page 11 of 43 Revisions to Rancho Cucamonga Development Code Land a U U U U 0 x v1 2 U U Use/Zoning > _1 5 2 I 2 O z 0 U m II U a O E x O x u District Library and C C C C C C P P P P N P N P C N N N C C C C Museum Outdoor Commercial N N N N N N C C C C N N C C C C N N N N N N Recreation Park and Public P P P P P P P N N N N N N N N N N N P P P P Plaza Public Safety C C C C C C C C C C C C C C C C C C N C N N Facility Resource- Related P P P P P P P N N N N N N N N N N N P P P P Recreation School, Academic C C C C C C C C C C C C C C C C N N N C N N (Private) School, Academic P P P P P P P P P P P P P P P P N N N P N N (Public) School, College/ University C C C C C C C C C C C C C C C C N N N C N N (Private) School, College/ University C C C C C C C C C C C C C C C C N N N C N N (Public) Schools, Specialized N N N N N N C C C C C C C C C C N N N N N N Education and Training/Studio Theaters and N N N N N N C N N C N N P N N N N N N N N N Auditoriums Tutoring Center N N N N N N C C C C C C C C N N N N N N N N Large Tutoring Center— N N N N N N P P P P P P P P N N N N N N N N Small Utility, Transportation, Public Facility, and Communication Uses Broadcasting and Recording N N N N N N N P N P N N N P P P N N N N N N Studios Park and Ride N N N N N N N C C C N N N N P P N N N N N N Facility Parking Facility N N N N N N P P N P C N C P C C C C N N C C Transit Facility N N N N N N N N N N : N N N N C C C C N N N N Ordinance No. 860 - Page 12 of 43 Revisions to Rancho Cucamonga Development Code Land Use/Zoning 'J 5 2 _ O U U U U U a U i = O x LL S District Utility Facility and Infrastructure— N N N N N N N N N N N N N N C C C C C N C C Fixed Based Structures (5) Utility Facility and Infrastructure— P P P P P P P P P P P P P P P P P P P P P P Pipelines (5) • Wind Energy System— P N N N N N N N N N N N N N N N C C N N N N Small(10) Retail, Service, and Office Uses Adult Day Care N N N N N N C C C C N N N C C C N N N N N N Facility Adult-Oriented Business 1e N N N N N N N N N N N N N N A A A A N N N N Alcoholic N N N N N N C N C C C C C C C C N N N N N N Beverage Sales Ambulance N N N N N N N C C C N N N N N C P P N N N N Service Animal Sales and N N N N N N P N P P P P N N N N N N N N N N Grooming Art, Antique, N N N N N N P N P P P P P N N N N N N N N N Collectable Shop Artisan Shop N N N N N N P N P P P P P N N N N N N N N N Bail Bonds N N N N N N N N N N N N N N N N N C N N N N Banks and Financial N N N N N N C C C P P P P P P P N N N N N N Services Bar/Nightclub N N N N N N C C N C C C C C N C N N N N N N Bed and C C C N N N N N N N C C N N N N N N N N N N Breakfast Inn Building Materials Store N N N N N N N N N N N N N N N C P P N N N N and Yard Business N N N N N N P P P P P P P P P P N N N N N N Support Services Call Center N N N N N N N N N N N N N N C C N N N N N N Card Room N N N N N N N N N N N N N N N N N N N N N N Check Cashing N N N N N N P N P P N N N N P N N N N N N N Business Child Day Care N N N N N N C C C C C N C C C C N N N N N N Facility/Center Ordinance No. 860 - Page 13 of 43 Revisions to Rancho Cucamonga Development Code Land J a U U U U 0 a Useloning > _ 3 o z 0 U m ¢ U C7 = O x LL o District Consignment N N N N N N C N C C N C N N N N N N N N N N Store Convenience N N N N N N P N P P N C N N C C N N N N N N Store Crematory N N N N N N N N N N N N N N N C N N N N N N Services Drive-In and Drive-Through N N N N N N C C C C C N C C C C N N N N N N Sales and Service (8) Equipment Sales N N N N N N N N N C N N N N N C P P N N N N and Rental Feed and Tack N N N N N N N N P P N N N N. N N N N N N N N Store Furniture, Furnishing, and N N N N N N P N P P P P P N N N N N N N N N Appliance Store Garden Center/Plant N N N N N N P N P P P N P N N P N P P N P P Nursery Grocery Store/ N N N N N N P N P P P N P N N N N N N N N N Supermarket Gun Sales N N N N N N N N N C N N N N N N N N N N N N Hookah Shop N N N N N N C N N C N N N N N N N N N N N N Home Improvement N N N N N N P N P P P N P N C P N N N N N N Supply Store Hotel and Motel N N N N N N P C N P N N C C P N N N N N N N Internet Cafe N N N N N N P P P P P P P P P N N N N N N N Kennel, N N N N N N N N N C C N C N C C N N N N N N Commercial Liquor Store N N N N N N C N C C C C C N C C N N N N N N Maintenance and Repair, Small N N N N N N P N P P P N P P N P P C N N N N Equipment Massage N N N N N N P P P P P P P P P P N N N N N N Establishment Medical Marijuana N N N N N N N N N N N N N N N N N N N N N N Dispensary Medical Services, N C C C C C C P N P P N N P P P N N N N N N Extended Care Ordinance No. 860 - Page 14 of 43 Revisions to Rancho Cucamonga Development Code Land = n UU U a _ _ Use/Zoning j I E I O z cn ¢ O z LL District Medical Services, N N N N N N P P P P P P P P P P N N N N N N General Medical Services, N N C C C C C C N C N N N N P P N N N N N N Hospitals Mobile Hot Food i Truck N N N N N N N N N N N N N N N N N N N N N N Mortuary/Funeral N N N N N N N C C C N N N N N N N N N N N N Home Office, Business N N N N N N P ' P P P P P P P P P N N N N N N and Professional Office, Accessory N N N N N N P P P P P P P P P P N N N N N N Pawnshop (7) N N N N N N N N N C N N N N N N N N N N N N Personal N N N N N N P P P P P P P P P P N N N N N N Services Restaurant, No N N N N N N P P P P P P P P P P N N N N N N Liquor Service Restaurant, Beer N N N N N N P P P P P P P P P P N N N N N N and Wine Restaurant, Full N N N N N N C C C C C C C C C C N N N N N N Liquor Service Retail, Accessory N N N N N N P P P P P N P P C C N N N N N N Retail, General N N N N N N P N P P P P P N C C N N N N N N Retail, N N N N N N P N N P P N P N P N N N N N N N Warehouse Club Secondhand N N N N N N P N P P N N N N N N N N N N N N Dealer Shooting Range N N N N N N N N N N N N N N N C N N N N N N Smoke Shop 1'1 N N N N N N N N N C C N C N N N N N N N N N Specialty Food N N N N N N P N P P P P P N N N N N N N N N Store Tattoo Shop (7) N N N N N N N N N C N N N N N N N N N N N N Thrift Store 171 N N N N N , N C N C C C N C N N N N N N N N N Veterinary C N N N N , N C N P P C C C N N P P P N N N N Facility Automobile and Vehicle Uses Auto Vehicle N N N N N N N N N N N N N N N N N C N N N N Dismantling Auto and Vehicle N N N N N N N C N C N N P N C C N N N N N N Sales and Rental Ordinance No. 860 - Page 15 of 43 Revisions to Rancho Cucamonga Development Code Land Use/Zoning > -I E E x x R a U U U U o V 0 a U .3 x N ¢ U LL U District Auto and Vehicle Sales, N N N N N N N P P P P N P P P N N N N N N N Autobroker Auto and Vehicle N N N N N N N P P P P N P P P P N N N N N N Sales, Wholesale Auto and Vehicle N N N N N N N N N N N N N N N C P P N N N N Storage Auto Parts Sales N N N N N N N N P P N N P N N N N N N N N N Car Washing and N N N N N N N C C C C N C N N N N N N N N N Detailing Recreational N N N N N N N N N N N N N N N C C C N N N N Vehicle Storage Service Stations N N N N N N C C C P C N C C C C N N N N N N Vehicle Services, N N N N N N N N N C N N N N N P P P N N N N Major Vehicle Services, N N N N N N N C C P N N C N P P N N N N N N Minor Industrial, Manufacturing, and Processing Uses Fuel Storage and N N N N N N N N N N N N N N N C C C N N N Distribution Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Custom Manufacturing, N N N N N N N N N N N N N N N N N P N N N N Heavy Manufacturing, Heavy-Minimum N N N N N N N N N N N N N N N N P P N N N N Impact Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Light Manufacturing, N N N N N N N N N N N N N N P P P P N N N N Medium Printing and N N N N N N N N N P N N N N P P N N N N N N Publishing Recycling Facility, N N N N N N N N P P N N N N N P P P N N N N Collection Recycling Facility, N N N N N N N N N N N N N N N C C C N N N N Processing Recycling Facility, Scrap N N N N N N N N N N N N N N N N N C N N N N and Dismantling Facility Ordinance No. 860 - Page 16 of 43 Revisions to Rancho Cucamonga Development Code Land 2 _ 0- 0 0 U V O a = Use/Zoning > J _ 2 _ 0 2 O z 0 U m cc U 0 - = O z o- 0 District Research and N N N N N N N N N N N N N N P P N N N N N N Development Storage, Personal Storage N N N N N N N N N N N N N N N C C C N N N N Facility Storage N N N N N N N N N C N N N N N C C C N N N N Warehouse Storage Yard N N N N N N N N N N N N N N N C PP N N N N Wholesale, Storage, and N N N N N N N N N N N N N N N C P P N N N N Distribution— Heavy Wholesale, Storage, and N N N N N N N N N N N N N N P P P P N N N N Distribution— Light - Wholesale, Storage, and N N N N N N N N N N N N N N N P P P N N N N Distribution— Medium (9) 1 i Table Notes: (1) See additional regulations for second dwelling units in Chapter 17.100. (2) See additional regulations for home occupations in Chapter 17.92 (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (6) See additional regulations for adult entertainment businesses in Chapter 17.86. Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. (11) Family Day Care Home-Large requires approval of a Large Family Day Care Permit,not a Conditional Use Permit. Section 17.30.040 Other Allowed Use Provisions In addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District), additional allowed use provisions are described in the following articles and chapters of this Title. A. Specific Use Requirements. Article V (Specific Use Requirements) identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences. Use regulations in Article V are intended to supplement the allowed use regulations in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District). Ordinance No. 860 - Page 17 of 43 Revisions to Rancho Cucamonga Development Code B. Outdoor Sales and Operations. Unless permitted by definition in Chapter 17.32 (Allowed Use Descriptions) or permitted as a temporary use with an approved permit in Chapter 17.104 (Temporary Uses), all business shall be conducted within an enclosed building. C. Temporary Uses. In addition to the permanent land use listings in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District), Chapter 17.104 (Temporary Uses) establishes regulations for uses that are temporary in nature. Chapter 17.32 Allowed Use Descriptions Section 17.32.020 Allowed Use Descriptions A. Residential Uses. 12. Home Occupation. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales. This category includes cottage food uses, consistent with State Law. 16. Residential Care Facility. Consistent with the definitions of state law, a residential care facility provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, life- threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of Medical Services, Extended Care. 17. Residential Care Home. Consistent with the definitions of state law (Health and Safety Code §1502), a residential care home is a home that provides 24 hour nonmedical care for six or fewer persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of Medical Services, Extended Care. Ordinance No. 860 - Page 18 of 43 Revisions to Rancho Cucamonga Development Code B. Agriculture and Animal-Related Uses. 1. Agricultural Uses. This use category includes farms, orchards, vineyards, livestock grazing, and hydroponics, including on-site sales of products grown on site. 2. Animal Keeping. Care and maintenance of animals on private property. The listing below provides a distinction between various types of animals related to allowed use provisions in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District). This classification is distinct from Animal Sales and Grooming, and Equestrian Facility (commercial or hobby). Also see Kennel, Commercial, which provides for the boarding of animals (e.g., doggie day-care). a. Domestic pets. Small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry). b. Exotic animals. Wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including wolf-dog hybrids, potbelly pigs, non-poisonous snakes, reptiles, and large tropical birds (including peacocks). c. Insects. Small arthropod animals confined or cultivated by man for domestic purposes including but not limited to flies, crickets, mosquitoes, beetles, butterflies, and bees. d. Livestock animals. Domesticated animals that may be kept or raised in pens, barns, houses, and pastures for private use. Livestock includes, but is not limited to, cattle, sheep, swine, goats, and equine. e. Poultry. Domesticated birds (fowl) customarily kept for eggs or meat for personal consumption. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens. Chapter 17.36 Development Standards by Base Zoning District Section 17.36.010 Development Standards for Residential Zoning Districts TABLE 17.36.010-1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS Development Standard/ VL L LM M MH H Zoning District Lot Area (minimum) 20,000 sf 7.200 sf 5,000 sf 3 ac (1) 3 ac (1) 3 ac (1) Lot Area (minimum net avg) 22,500 sf 8,000 sf 5,000 sf 3 ac (1) 3 ac (1) 3 ac (1) Lot Width (minimum) 90 ft(2) 65 ft (2) 50 ft(2) n/a n/a n/a Ordinance No. 860 - Page 19 of 43 Revisions to Rancho Cucamonga Development Code Development Standard/ VL L LM M MH H Zoning District Lot Width (corner lot) 100 ft 70 ft 50 ft n/a n/a n/a Lot Depth (minimum) 200 ft 100 ft 90 ft n/a n/a n/a Minimum Frontage 50 ft 40 ft 30 ft 100 ft 100 ft 100 ft Minimum Frontage (flag lot) 30 ft 20 ft 20 ft 50 ft 50 ft 50 ft Allowed Density(dwelling units per acre) Minimum Density(3) n/a n/a 4 du/ac 8 du/ac 14 du/ac 24 du/ac Maximum Density 2 du/ac 4 du/ac 8 du/ac (4) 14 du/ac (4) 24 du/ac 30 du/ac Minimum Setback Front Yard (5) 42 ft (6) 37 ft(6) 32 ft (6) 37 ft (6) n/a n/a Corner Side Yard (5) 27 ft 27 ft 22 ft 27 ft n/a n/a Interior Side Yard (5) 10/15 ft 5/10 ft 5/10 ft 10 ft (7) n/a n/a Rear Yard (5) 60 ft 20 ft 15 ft 10 ft (7) n/a n/a At Interior Site Boundary (Dwelling/Accessory NR (6) 15/5 (7) 15/5 (7) 15/5 (7) Building) Building Height(maximum in feet)(9) Primary Buildings 35 ft 35 ft 35 ft 35 ft(10) 40 ft (10) 55 ft(10) Lot Coverage(maximum lot coverage with buildings as a percentage of the parcel or project) Lot Coverage 25% 40% 50% 50% 50% 50% Open Space Requirement (minimum percentage of open space per parcel or project) Private Open Space 300/150 sf 225/150 sf 150/100 sf 150/100 sf (Ground Floor/Upper Story) Open Space (Private and 40% 35% 35% 35% Common) Minimum Patio/Porch Depth 6 ft (11) 6 ft (11) 6 ft (11) 6 ft (11) 6 ft (11) 6 ft (11) Minimum Dwelling Unit Size(12) Single-Family 1,000 sf (attached and detached) Multi-Family(13) Efficiency/Studio 550 sf Multi-Family(13) One Bedroom 650 sf Multi-Family(13) Two Bedroom 800 sf Three or More Bedrooms 950 sf Ordinance No. 860 - Page 20 of 43 Revisions to Rancho Cucamonga Development Code Development Standard/ VL L LM M MH H Zoning District Distance Between Building/Structure Fronts(8)(14)(minimum) Between buildings with no patio 30 ft 30 ft 30 ft 30 ft or recessed patio Between patio fence/wall less 15 ft 15 ft 15 ft 15 ft than 5 feet in height Between patio fence/wall more 20 ft 20 ft 20 ft 20 ft than 5 feet in height Between balconies above patio fence/wall more than 5 feet in — — 20 ft 20 ft 20 ft 20 ft height Between a patio fence/wall and 20 ft 20 ft 20 ft 20 ft a building wall With common patio fence/wall — — 30 ft 30 ft 30 ft 30 ft Other Miscellaneous Building Setback Requirements(8)(minimum) Building to one-story detached garage/carport or other 6 ft/15 ft 15 ft 15 15 accessory structure Building to wall or curb at 20 ft 20 ft 20 ft 20 ft project entry Table Notes: (1) On existing lots of record,parcels less than 3 acres or less than the required minimum frontage may only be developed at the lowest end of the permitted density range. (2) Average width, which shall vary accordingly: VL-+/- 10 feet L&LM-+/-5 feet (3) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in Chapter 17.52(Hillside Development Standards). (4) Developing multi-family in the LM district and single-family in the M district at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in Subsection 17.36.010.D. (5) Setbacks are measured between the structure and curb face in front yards and corner side yards.Setbacks are measured between the structure and property line in rear yards and interior side yards. (6) Front yard setbacks in new residential developments may be reduced by up to 5 feet to allow for variation in structural setbacks along the street. (7) Add 10 feet if adjacent to VL, L, or LM district. (8) Applies to buildings Iwo stories and taller in height.Add 10 more feet for each story over two stories. (9) In hillside areas, heights shall be limited to 30 feet. (10) Limit one story within 100 feet of VL or L district for multiple-family dwellings. (11) Free and clear of obstructions. (12) Senior citizen projects are exempted from this requirement. (13) To assure that smaller units are not concentrated in any one area or project, the following percentage limitations of the total number of units shall apply: 10%for efficiency/studio and 35%for one bedroom or up to 35%combined. Subject to a Conditional Use Pen-nit, the Planning Commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (14) "Front"is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the street or drive;therefore,some buildings may have more than one front. E. Recreation Area/Facility. Where required, in the M, MH, and H residential districts, the developer shall provide recreational amenities in conjunction with common open space as follows: 1. Development consisting of thirty (30) units or less shall provide three (3) of the following recreational amenities: Ordinance No. 860 - Page 21 of 43 Revisions to Rancho Cucamonga Development Code a. Large open lawn area; one of the dimensions shall be a minimum of fifty feet (50'). b. Enclosed tot lot with multiple play equipment. c. Spa or pool. d. Barbecue facility equipped with grill, picnic benches, etc. 2. Development consisting of thirty-one (31) units to one hundred (100) units shall provide another set of recreational amenities as described in Subsection 17.122.040.M.1 above, or equivalent, as approved by the Planning Commission. 3. Development consisting of one hundred and one (101) units to two hundred (200) units shall provide five (5) of the following recreational amenities, or equivalent, as approved by the Planning Commission: a. Large open lawn; one of the dimensions shall be a minimum of one hundred feet (100'). b. Multiple enclosed tot lots with multiple play equipment. The tot lots shall be conveniently located throughout the site. The number of tot lots and their location shall be subject to Planning Commission review and approval. c. Pool and spa. d. Community multipurpose room equipped with kitchen, defined areas for games, exercises, etc. e. Barbecue facilities equipped with multiple grills, picnic benches, etc. The barbecue facilities shall be conveniently located throughout the site. The number of barbecue facilities and their locations shall be subject to Planning Commission review and approval. f. Court facilities (e.g., tennis, volleyball, basketball). g. Jogging/walking trails with exercise stations. 4. For each one hundred (100) units above the first two hundred (200) units, another set of recreational amenities as described in Subsection 17.122.040M.3 above shall be provided. 5. Other recreational amenities not listed above may be considered subject to Planning Commission review and approval. 6. Related recreational activities may be grouped together and located at any one area of the common open space. 7. Dispersal of recreational facilities throughout the site shall be required for development with multiple recreational facilities. Ordinance No. 860 - Page 22 of 43 Revisions to Rancho Cucamonga Development Code All recreation areas or facilities required by this Section shall be maintained by private homeowners associations, property owners, or private assessment districts F. Other Miscellaneous Residential Development Standards. 6. Roofing Materials. All new and existing development within Residential Zoning Districts shall have roofing material made of tile, or the imitation thereof, but not including composition shingles. Other roofing materials such as metal, slate, or the imitation thereof, but not including composition shingles, may be approved by the approval authority if it is determined that the roof material enhances the building design. Any replacement of existing roofing materials shall be consistent with the existing material or upgraded to a higher quality roofing material. For example, a composition shingle roof can be replaced with composition shingles or can be upgraded to higher quality roofing material such as tile or slate. 7. Slope Planting. Slope banks 5 feet or greater in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate groundcover for erosion control. Slope banks 5 feet or greater in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of 8 feet in vertical and of 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 square feet of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Maintenance by a Homeowners' Association may be required by the Planning Commission on a case-by-case basis. Section 17.36.040 Development Standards for Industrial Districts D. Other Miscellaneous Industrial Development Standards. 1. Special Streetscape. Future development and redevelopment within industrial areas shall be consistent with the special streetscape standards listed in Table 17.36.040-2 (Streetscape Setback Requirements) and as depicted in Figure 17.36.040-1 (Special Streetscape Requirements). 2. Special Building Height Standards. Building height limits shall not exceed the height limits prescribed in the LA/Ontario International Airport Compatibility Plan. For areas within the High Terrain Zone, the building height limit shall be seventy feet (70'). Buildings or structures greater than seventy feet (70') in height within the High Terrain Zone are subject to the ONT-IAC Project Notification Process and require a Federal Aviation Administration (FAA) exception (Obstruction Evaluation - Form 7460). In cases where the LA/Ontario International Airport Compatibility Plan permits heights greater Ordinance No. 860 - Page 23 of 43 Revisions to Rancho Cucamonga Development Code than seventy feet (70'), building height limits shall be limited to maximum of height of seventy-five feet (75'), unless a Conditional Use Permit is granted permitting heights greater than seventy-five feet (75'). 3. Special Height Exceptions for Ancillary Equipment. Within the Minimum Impact/Heavy Industrial (MI/HI) and Heavy Industrial (HI) Districts, height exceptions may be granted for ancillary equipment with special design and landscape considerations as follows: a. Maximum 90 feet with approval of a Minor Exception with the additional findings that the ancillary equipment is designed in a manner that integrates well within the subject site and existing and/or proposed landscaping will buffer the views of ancillary equipment from designated view corridors. b. Maximum 120 feet with approval of a Conditional Use Permit with the additional findings with the additional findings that the ancillary equipment is designed in a manner that integrates well within the subject site and existing and/or proposed landscaping will buffer the views of ancillary equipment from designated view corridors. TABLE 17.36.040-2 STREETSCAPE SETBACK REQUIREMENTS Type Average Depth of (2,3,4) (5) yp Landscape(''2) Buildi Street T ng Setback Parking Setback Major Arterial & Special 45 ft 45 ft 25 ft Boulevard Secondary 35 ft 35 ft 20 ft Local/Collector 25 ft 25 ft 15 ft Table Notes: (1) The average depth shall be uninterrupted from the face of curb, except for sidewalks,pedestrian hardscape,plazas and courtyards,and monument signs. (2) Parcels less than 225 feet in depth from the ultimate curb face on special boulevards are not required to provide an average depth of landscaping or building setback greater than 25 feet or 20% the depth of the property, whichever is greater. (3) As determined from ultimate face of curb. (4) Average depth of landscaping must still be provided. (5) Street frontage walls and fences over 3 feet in height are subject to building setbacks. Ordinance No. 860 - Page 24 of 43 Revisions to Rancho Cucamonga Development Code Article IV Site Development Provisions Chapter 17.42 Accessory Structures Section 17.42.030 Permit Requirements and Exemptions C. Exempt Structures. The following accessory structures are exempt from planning entitlements provided they comply with listed requirements. Exempt accessory structures may require Building Permits in keeping with the California Building Code adopted by the City of Rancho Cucamonga and placed in accordance with Table 17.42.040-1 (Development Standards for Accessory Structures). 1. All accessory structures that are less than one hundred twenty (120') square feet in size with no portion of the structure equal to or greater than six feet (6') in height. 2. Water features. A detached structure typically used for decorative or landscape design purposes such as a fountain, water wall, bird bath and similar features that are less than one hundred twenty (120') square feet in size with no portion of the feature equal to or greater than six feet (6') in height. 3. Play Equipment. Structures and surfaces used for recreational purposes including play structures, tree houses, jungle gyms, and non-illuminated sports courts such as tennis and basketball courts. 4. Deck/Patio. A detached porch or platform that is generally constructed with wood, concrete or stone that is above the grade or located over a basement or story below. 5. Pool/Spa. Any structure intended for swimming or recreational bathing. Swimming pool includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and non-portable wading pools. 6. Pool Accessories. Any structure for entertainment or relaxation value, including but not limited to diving boards, slides, and grottos. 7. Outdoor Entertaining Features. Structures used for entertainment and outdoor cooking such as built-in barbecues and fire pits. 8. Temporary, Portable Shade Structures. Shelters used for the storage of vehicles, recreational vehicles, trailers, boats, self propelled equipment and bulky items designed to be portable and/or collapsible constructed of canvas, vinyl, aluminum, wood, or similar materials. 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'6'. v a, E O v -o -o a -o -o v v -o w ° ° W o N , ¢ E C i- 0 a� E 0 0 0 Cl) 0 0 u 0 a ❑, 'P- 5 "' 0 E • .'c C T Y r U r r Q i c d- 'nisi tcu ❑ i v U CZ J 0 0 c d N a) N m a) v C W Y a U C = 0.1 W a a F a a a a a a '° o x ° ❑ >, it H4 N U F- o 0 0 0 0 0 0 0 0 °' " w E a co E 0 �; a -E p Z Z z z Z Z Z Z z v a -. ° 0, L '3 0 ° a .� L . o o N .'E 1:20.10 ,,n v 3 °�+' a E °c' E °>, o y y`0 0 0 0 .qj CC a. > > c o E n a a„-A - ° t C C a e � >` 1-3 '� 'm a cu a a L E w c, , c O O f✓ 2 2 cs) c r E L o v o °; o a v w ° (n 0 C U c h id, ".- 3 > ", a v a V 7 r0 ^O i0 N a O W T ` E U a N L U ❑ '� cn o.O Y C a) w Q W j 0--0 Z 0 92 'j m 2 a) o o T a iv E m Cu cn U O a p p . 0 S a) a) L - c CC n O 3 a a a o O W r - ` Ln e ` v 01 Ordinance No. 860 - Page 26 of 43 Revisions to Rancho Cucamonga Development Code Chapter 17.56 Landscaping Standards Section 17.56.050 General Landscape Development Standards D. Synthetic Turf. Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation. The following standards shall apply to the use and maintenance of synthetic turf: 1. Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of 1-1/2 inches. 2. A proper drainage system shall be installed underneath to prevent excess runoff or pooling of water. 3. Synthetic turf shall be installed and maintained to effectively simulate the appearance of a well-maintained lawn. 4. The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. 5. Synthetic turf shall be installed in combination with natural plant materials (e.g. trees, shrubs and groundcover) to enhance the overall landscaping design. E. Water Efficiency. If applicable, projects are required to comply with provisions within Chapter 17.82 (Water Efficient Landscaping) of this Article. Chapter 17.58 Outdoor Lighting Standards Section 17.58.050 General Lighting Requirements D. Sports Fields/Outdoor Activity Areas. Where playing fields or other specialty activity areas are to be illuminated, lighting fixtures shall be mounted, aimed, and shielded so that the light falls within the primary playing area and no significant off- site light trespass is produced. Additionally, the lights shall be turned off within one hour after the end of the event. E. Wireless Telecommunication Facilities. Wireless telecommunication facilities and related equipment shall be unlit except as provided in Chapter 17.106 (Wireless Communicator Facilities). F. Maximum Height of Freestanding Outdoor Light Fixtures. The maximum height of outdoor light fixtures on residential properties shall be twelve feet (12'). The maximum height of freestanding outdoor light fixtures abutting residential development shall be fifteen feet (15'). Otherwise, the maximum height for freestanding outdoor light structures shall be twenty feet (20'). Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture. See Figure 17.58.050-2 (Shielding and Maximum Height of Freestanding Outdoor Ordinance No. 860 - Page 27 of 43 Revisions to Rancho Cucamonga Development Code Light Fixtures). Height limit for light fixtures in industrial areas is 25 feet. The height of all outdoor light fixtures is measured from ground level to top of illumination fixture and does not include decorative elements attached to the top of the fixture. Chapter 17.64 Parking and Loading Standards Section 17.64.040 General Parking and Loading Requirements B. Parking Space and Drive Aisle Dimensions. 1. When outdoors (e.g., parking lot), each parking space shall have a minimum size of nine feet (9') by seventeen feet (17') with a required one foot (1') overhang (e.g., over a curb stop) and shall be free of obstructions such as columns or walls. 2. When Indoors or under a shelter (e.g. parking structure or carport/shade structure), each parking space shall be ten feet (10') by twenty feet (20') where columns or walls are located within the parking area. 3. Each loading berth shall be a minimum size of twelve feet (12') by thirty feet (30') whether indoors or outdoors. 4. When garage parking is required, parking spaces shall be designed in a side by side configuration with a minimum dimension of 10 feet wide by 20 feet deep for each required parking space free and clear of obstructions. If tandem parking is provided, only one space will count toward the minimum parking requirements. Section 17.64.080 Parking and Driveway Design and Development A. Surface Parking Area. All surface parking areas shall have the following improvements: 1. Each required parking space and aisle, shall be graded, drained, and surfaced so as to prevent dust, mud, or standing water and shall be identified by pavement markings, wheel stops, entrance and exit signing, and directional signs, to the satisfaction of the City Engineer. All new parking spaces shall be painted with double stripe pavement markings. Ordinance No. 860 - Page 28 of 43 Revisions to Rancho Cucamonga Development Code Chapter 17.68 Property Maintenance Section 17.68.030 Vehicle Parking Limitation in Residential Areas I. No trailer, semi-trailer, boat, or portable recreational equipment (e.g. jet skis or snowmobiles) shall be parked or stored within the front yard, corner side yard, or side yard abutting a street unless (1) it is not a commercial vehicle and is parked for a temporary period of time not to exceed seventy-two (72) hours; (2) it is involved in loading or unloading activity; and (3) it is parked in compliance with any other applicable City ordinance. Section 17.68.060 Recreation Vehicle Parking and Storage The parking and storage of recreational vehicles on residential properties, in all residential districts, shall be subject to the provisions of this Section. A. Recreational Vehicles Defined. For the purposes of this Section, "recreational vehicles" shall mean a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle with provisions for sleeping, cooking and/or sanitation designed or used for temporary dwelling, recreational, or sporting purposes. Examples include, but shall not be limited to, motor home, converted trucks or busses, travel trailer, fifth wheel, toy hauler, mounted camper, camping trailer, or similar equipment provided that such vehicles are not commercial vehicles or used for commercial purposes. B. Parking Limitation. Recreational vehicle parking shall only be permitted within an enclosed garage, carport, or a similar structure, or if outdoors, in an authorized off- street paved parking area. All other parking or storage shall be prohibited. C. Access. Recreational vehicles shall not be parked in a way to render inaccessible a required garage. D. Authorized Parking Areas. Authorized outdoor parking areas shall be limited to the locations and conditions described below. 1. Recreational vehicles may be parked or stored in side or rear yard areas, provided that such areas are screened from view from the street, public right- of-way, and adjacent properties by a permanent legally constructed and maintained fence, wall, or equivalent screening material at least five feet (5') in height. 2. Recreational vehicle parking areas within side and rear yards shall be limited to five percent (5%) of the total lot area or five hundred (500) square feet, whichever is greater, unless constructed pursuant to an approved Minor Development Review. 3. Recreational vehicles may also be parked within public view in authorized parking areas within the front yard, or corner side yard abutting a street, for temporary periods of time not to exceed seventy-two (72) hours, except as noted in Subsection 17.68.060.D.4 below. Ordinance No. 860 - Page 29 of 43 Revisions to Rancho Cucamonga Development Code 4. Time limits established in Subsection 17.68.060.D.3 may be waived for one recreational vehicle or one boat mounted on a trailer on a specific property when all of the following conditions can be demonstrated: Current owner or resident has resided on said property since prior to December 31, 1991. i. Current owner or resident has owned a recreational vehicle since prior to December 31, 1991, while residing on the property. Hi. Property in question cannot reasonably accommodate recreational vehicle storage in the side or rear yard. iv. Recreational vehicle may only be parked or stored on a paved surface located between the driveway and the nearest side property line. v. Property in question is not located within the Planned Communities of Caryn, Terra Vista, or Victoria. E. Portable Recreational Equipment. Authorized parking areas for portable recreational equipment shall be limited to the locations and conditions described below: 1. Portable recreational equipment may be parked or stored within an enclosed garage or within the side or rear yard areas provided that such areas are screened from view from the street, public right of way, and adjacent properties by a permanent legally constructed and maintained fence, wall or equivalent screening material at least five feet (5') in height. 2. Portable recreational equipment may also be parked within the front yard, or corner side yard abutting a street, for temporary periods of time not to exceed seventy-two (72) hours. F. Parking Area Maintenance. All parking areas within public view from the street, public right-of-way, or adjacent properties shall be surfaced with a permanent paving material. Such areas shall be maintained in good usable condition, free of potholes and broken sections to prevent the accumulation of mud, dust, and weeds, and shall be kept free of debris, dirt, and other loose materials. RV parking areas shall be keep free of contaminant discharge (oil stains and grease) and any discharge should be cleaned from paved areas immediately to prevent discharge entering the storm drain system. G. Occupancy Prohibited. Recreational Vehicles shall not be used for the purpose of temporary or permanent living, including but not limited to sleeping, cooking, bathing, occupying as a dwelling, or any stay within the Vehicle not directly related to its driving except in a designated public campground or other licensed private camping facility, or in conjunction with an active construction site with a Temporary Use Permit. Ordinance No. 860 - Page 30 of 43 Revisions to Rancho Cucamonga Development Code Chapter 17.74 Sign Regulations for Private Property Section 17.74.090 Allowed Temporary On-Site Sign Standards This Section describes standards for temporary on-site signs. All temporary signs require a temporary sign permit prior to their establishment. Temporary signs may include, but are not limited to, commercial signs for grand openings or for special product, sale, or event advertising. All temporary signs must comply with the standards listed in Table 17.74.090-1 (Allowed Temporary On-Site Sign Standards) and are subject to the following: Article V Specific Use Requirements Chapter 17.86 Adult Business Uses Section 17.86.030 Permit Requirements It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the Planning Commission consistent with requirements of Chapter 17.14 (General Application Processing Procedures) and Chapter 17.20 (Planning Commission Decisions). Chapter 17.92 Home Occupations Section 17.92.030 Development Standards All home occupations shall comply with the following development standards: A. Incidental Use by Nature. The use of the dwelling as a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. Not more than fifteen percent (15%) of the total square footage for the dwelling or one room of the dwelling, whichever is less, shall be used for the home occupation. B. Employees. No persons, other than members of the family who reside on the premises, shall be engaged in the home occupation activity. Off-site employees or partners are not permitted, except for cottage food uses, consistent with State law. C. Exterior Appearance. There shall be no change in the outward appearance of the building or premises, or other visible evidence of the activity. D. Sales. There shall be no sales of products on the premises, except produce (fruit or vegetables) grown on the subject property, or cottage food products. On site sales of produce and cottage food products produced on site shall be limited to the hours of 8:00 a.m. to 8:00 p.m. Off-site sales, including electronic and mail order commerce, is permitted, consistent with the other standards of this Chapter. E. Visitors and Customers. The use shall not allow customers or clientele to visit dwellings unless this activity involves the sale of fruits and produce or cottage food products or is approved by the Planning Director as part of a Home Occupation Ordinance No. 860 - Page 31 of 43 Revisions to Rancho Cucamonga Development Code Permit and is determined to fit within the residential character of the area (e.g., piano lessons). F. Operation Standards. No equipment or processes shall be used on the subject property that creates noise, smoke, glare, fumes, odor, vibration, electrical, radio, or television interference disruptive to surrounding properties. G. Accessory Structures. No home occupation shall be conducted in an accessory building. Normal use of the garage may be permitted if such use does not obstruct required parking. The use shall not involve storage of materials or supplies in an accessory building or outside any structures. H. Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles, except for Fed Ex, UPS, or USPS-type home pickups and deliveries. Off-site deliveries, such as to a post office box, are preferred. Signs. No signs shall be displayed in conjunction with the home occupation and there shall be no advertising using the home address. J. Commercial Vehicles. No person shall park or store more than one commercial vehicle or any commercial vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit. Chapter 17.104 Temporary Uses Section 17.104.040 Standards for Specific Temporary Uses L. Recreational Vehicles or Mobile Homes on Active Construction Sites. These are permitted as a temporary living quarters for security personnel or temporary residence of the subject property owner, subject to the following restrictions: 1. The Planning Director may approve a temporary living quarter for the duration of the construction project or for a specified period, but in no event for more than two (2) years. If exceptional circumstances exist, a one (1) year extension may be granted, provided that the building permit for the first permanent dwelling or structure on the same site has also been extended. 2. Installation of a temporary living quarter may occur only after a valid building permit has been issued. 3. Temporary living quarters permitted pursuant to this Section shall not exceed a maximum gross square footage of six hundred fifty (650) square feet in size (tongue not included). 4. 5. The temporary trailer coach installation must meet all requirements and regulations of the San Bernardino County Department of Environmental Health Services and the City Building and Safety Department. Ordinance No. 860 - Page 32 of 43 Revisions to Rancho Cucamonga Development Code 6. Any permit issued pursuant to this Section in conjunction with a construction project shall become invalid upon cancellation or completion of the Building Permit for which this use has been approved, or the expiration of the time for which the approval has been granted. At that time, trailers shall be removed from the site. Chapter 17.106 Wireless Communication Facilities Section 17.106.030 Development Criteria A. Screening and Site Selection Guidelines. The following screening and site selection guidelines apply to all wireless communication facilities: 1. Stealth facilities and concealed antennas are preferred. 2. Wireless communication facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Planning Director, or as otherwise required herein. 3. Ground-mounted wireless communication facilities shall be located only in close proximity to existing aboveground utilities, such as electrical towers or utility poles (which are not scheduled for removal or undergrounding for at least eighteen (18) months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city. 4. Wireless communication facilities shall be located in the following order of preference: a. Collocated with existing wireless communication facilities. b. On existing structures such as buildings, communication towers, or utility facilities. c. On an existing signal, power, light, or similar kinds of poles. d. In industrial districts. e. In commercial districts. f. In residential districts, subject to additional restrictions set forth herein. 5. Major Wireless Communication Facilities are not permitted to locate within three hundred feet (300') of any residential structure, within any residential district, or within three hundred feet (300') of any existing, legally established Major Wireless Communication Facility except as follows: Ordinance No. 860 - Page 33 of 43 Revisions to Rancho Cucamonga Development Code a. When located on any existing nonresidential building or structure or on any existing utility pole provided such location complies with all of the following: i. The collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable state or federal regulations; and ii. Existing Major Wireless Communication Facility to be utilized for collocation shall previously be granted with a Conditional Use Permit or a Minor Development Review approval, including modification of an existing Conditional Use Permit or Minor Development Review; and Hi. All accessory equipment and enclosures shall be located underground or screened from public view as approved in writing by the Planning Director; and iv. Unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation. b. The proposed facility will replace or modify an existing facility for purposes of collocation. c. The proposed facility will be designed and constructed in a manner to allow for future collocation of an additional wireless communication carrier provided the applicant submits written documentation that shows: i. A more preferable location, as determined by reference to Section 17.106.030.A 4 cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility including, but not limited to, coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant's reasonable control. d. For the purposes of this Chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed Major Wireless Communication Facility to the nearest property line of any residential land use, or to the nearest point of another Major Wireless Communication Facility. Ordinance No. 860 - Page 34 of 43 Revisions to Rancho Cucamonga Development Code Article VII Design Standards and Guidelines Chapter 17.122 Design Provisions by Development Type Section 17.122.040 Foothill Boulevard This section establishes parameters within which the community character for the entire Foothill Boulevard Corridor can be created. To do so, a number of issues and design concepts have been previously explored. However, at the core of all discussion and investigation has been the attempt to define community character in an accurate, comprehensive, and pragmatic manner. The Community Design Guidelines are primarily focused on the creation of aesthetic character. The purpose is to create a visual environment that evokes a distinctive and unifying image, which is unique to Rancho Cucamonga. To accomplish this task, the Foothill Boulevard Corridor must first distinguish itself from other major thoroughfares in nearby communities and, second, it must serve as a visually unifying concourse that links the entire community of Rancho Cucamonga. Lastly, it is important to have a design statement for the Foothill Boulevard Corridor with each contributing community design element skillfully orchestrated to promote a contiguous, cohesive, community design image. Article VIII Glossary Chapter 17.126 Universal Definitions Section 17.126.020 Universal Definitions Lot Coverage. The area of a lot covered by buildings including eaves greater than twenty four (24) inches, projecting balconies, and similar features but excluding ground-level paving, landscaping, open recreational facilities, and lattice patio covers. See Figure 17.126.020-8 (Lot Coverage). Second Dwelling Unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent requirements for sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats, efficiency units and manufactured homes, pursuant to Government Code section 65852 (0(4). Water Feature. A detached structure typically used for decorative or landscape design purposes such as a fountain, water wall, bird bath and similar features. Vehicle, Recreation. A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle with provisions for sleeping, cooking and/or sanitation designed or used for temporary dwelling, recreational, or sporting purposes. Examples include, but shall not be limited to, motor home, travel trailer, fifth wheel, toy hauler, mounted camper, camping trailer, converted trucks and busses provided that such vehicles are not commercial vehicles or used for commercial purposes. Ordinance No. 860 - Page 35 of 43 Revisions to Rancho Cucamonga Development Code Portable Recreational Equipment. A vehicular unit designed and used for recreational or sporting purposes, but not for temporary dwelling. Examples include, but shall not be limited to, boat, trailer, golf cart, all terrain vehicle, sand buggy, dune buggy, utility terrain vehicle (side by side), personal watercraft or similar equipment. Chapter 17.136 Sign Definitions Section 17.136.020 Sign Definitions Linear Frontage. The horizontal distance measured along the building frontage facing the street. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage (e.g., an entrance facing a courtyard). For multi-tenant buildings, ground floor tenants may have their primary frontage determined independently for the rest of the building based on the aforementioned rules. Ordinance No. 860 - Page 36 of 43 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report ADDENDUM This Addendum to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "EIR") has been prepared in connection with the City's supplemental amendment to the Development Code (the "Project"). The Addendum confirms that the environmental impacts stemming from the Project were adequately addressed in the EIR and that a subsequent EIR or negative declaration is not required for the Project. Proposed Supplemental Development Code Amendments The Project consists of supplemental amendments to the City's recently adopted comprehensive Development Code, which was in turn adopted to implement the policies of the recently completed 2010 General Plan Update. Since adoption of the Development Code update in July 2012, City staff has identified several errors and omissions in the Development Code that were never intended to be part of the Code. The purpose of the Project is to correct these errors and omissions and clarify text where necessary. It is therefore considered to be largely procedural in nature. Table A-1 summarizes the changes proposed in the project and the reason for including into the Development Code. Table A-1: Summary of Proposed Changes to the Development Code Article Chapter Proposed Change Reason 17.14 Clarify the approval authority for Large I 17.16 Family Day Care Applications and reinstate Omitted in error. 100 foot noticing requirement Revision needed to text to clarify I 17.14 Clarify the appeal process for Historic that decisions made by the Historic Preservation Commission decisions. Preservation Commission could be appealed to the City Council. Revision needed based on Clarify the required findings for a Minor feedback that some of the current I 17.16 required findings do not Exception. adequately correlate to the types of allowed minor exceptions. Clarify that Minor Design Review applications can be referred to Clarification of the language order I 17.16 for easier understanding and less committees (Grading, Technical and Design Review) if necessary. interpretation. Error in the translation of the Land III 17.30 Allow Medical Services, General allowed as Use table as the definition of a permitted use in the CC District. medical uses was amended in the Development Code in July 2012. Page 1 of 7 Ordinance No. 860 - Page 37 of 43 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Article Chapter Proposed Change Reason Error in the translation of the Land Allow Indoor Fitness and Sports Facilities— Use table as the definition of III 17.30 Small as a permitted use in the RRC indoor fitness and sports facilities • District. was amended in the Development Code in July 2012. Error in the translation of the Land Allow Indoor Fitness and Sports Facilities, Use table as the definition of III 17.30 Large as a conditionally permitted use in indoor fitness and sports facilities the RRC District. was amended in the Development Code in July 2012. Add a footnote to Family Day Care Home, II 17.30 Large to clarify the use requires a Large Technical clarification. Family Day Care Permit, not a Conditional Use Permit III 17.30 Require business to be conducted within Omitted in error. an enclosed building. III 17.32 Amend definition of Home Occupation to Required by State law(AB 1616). include cottage food uses. Amend the definition of Residential Care Technical clarification to avoid III 17.32 Facility to include the care for more than conflict with the definition of six people. Residential Care Homes. Amend the definition of Animal Keeping to Clarification to prevent poultry III 17.32 keeping in residential zones for clarify poultry keeping. commercial egg production. Revise the minimum square footage Technical error. The original II 17.36 requirements for multi-family dwelling residential development standards units. table was recreated incorrectly. Technical error. These standards II 17.36 Delete the private open space are required for multi-family requirement for VL and L zones. developments, which are not allowed in these zones. II 17.36 Reinstate requirements for slope planting Omitted in error. in rear yards. Omitted in error. Local and Re-label "local" streets on Table collector streets have the same II 17.36 17.36.040-2 to "local/collector" for streetscape setback requirements, streetscape setback requirements. but collector streets are not listed on the table. Page 2 of 7 Ordinance No. 860 - Page 38 of 43 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Article Chapter Proposed Change Reason Modification to allow accessory Incorporate height exceptions for ancillary equipment necessary for III 17.36 equipment in MI/HI and HI districts with development to be permitted with discretionary permits. discretionary review and conditions of approval. Reincorporate standards for pool equipment and outdoor entertainment IV 17.42 Omitted in error. features to be located within the side and rear yard setbacks. IV 17.56 Reinstate development standards for Omitted in error. synthetic turf. Reinstate lighting standards for outdoor IV 17.58 Omitted in error. recreation courts on residential properties Reinstate minimum garage size IV 17.64 requirements, double striping of parking Omitted in error and a clarification stalls and clarify the use of tandem of past practice. parking. Clarify regulations for the parking, storage Clarification needed for IV 17.68 and use of recreational vehicles within consistency with other parking residential areas. regulations and to better assist code enforcement. Rename Adult Entertainment Zoning Permit and clarify the approval authority is Technical change to be consistent V 17.86 with text in Chapters 17.14 and the Planning Commission, not the Planning Director. 17.20.020. Amend home occupation use V 17.92 requirements to allow cottage food uses Amended as required by State law within residential properties. (AB 1616). Add definitions for Second Dwelling Unit Addition required for clarity in VIII 17.126 administration of the and Portable Recreation Equipment. Development Code. Modify the definition of Lot Coverage to Modification to prevent eaves VIII 17.126 from being counted toward lot include only eaves greater than 24 inches. coverage. VIII 17.126 Modify the definition of Recreational Modification required to be Vehicle. consistent with Chapter 17.68. Add a definition and graphic for Linear Addition required for clarity in VIII 17.136 calculating linear frontage for sign Frontage. area. The Project will not affect the current methods of conducting environmental review for new development applications. Page 3 of 7 Ordinance No. 860 - Page 39 of 43 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report The 2010 General Plan Update and Environmental Impact Report On May 19, 2010, the City Council adopted the 2010 General Plan Update and certified the EIR. The updated plan serves as the foundation for many of the City's regulatory documents, including the Development Code, specific plans, community plans, master plans, and design guidelines. With the 2010 General Plan Update, the City's focus shifted to infill development (development of remaining vacant properties within developed business districts and residential neighborhoods). The EIR evaluated potential for the 2010 General Plan Update to result in environmental impacts, as summarized in the following table: No Mitigation Mitigation Measures Significant and Unavoidable Agricultural Resources Cultural Resources Aesthetics Biological Resources Hazards and Hazardous Agricultural Resources Geology and Soils Materials Air Quality Population, Housing and Hydrology and Water Quality Climate Change Employment Land Use and Planning Mineral Resources Public Services Noise Parks and Recreation Transportation and Traffic Utilities and Service Systems The City made findings regarding the environmental impacts of adopting the General Plan as well as overriding considerations for significant and unavoidable impacts, both individually and cumulatively, for the following issues: Aesthetics, Agricultural Resources, Air Quality, Climate Change, and Mineral Resources. The findings made by the City necessary to certify the EIR and adopt the General Plan also included a mitigation monitoring and reporting program. For impacts to Land Use and Planning, the City determined that changes or alterations have been incorporated into the General Plan that avoid or substantially lessen the significant environmental effects identified in the EIR resulting in a less than significant impact. More specifically the City's findings stated there would be no conflict between the General Plan and the land development code because updates to the land development code, as well as adherence to standard conditions related to consistency of future development with the proposed 2010 General Plan Update and the City's Development Code, will reduce the potential impacts related to plan consistency to a less than significant level. CEQA Review Requirements The California Environmental Quality Act ("CEQA") generally requires agencies to analyze the possible environmental impacts of a project prior to approval. Depending on the nature and extent of the potential impacts, the agency may be required to adopt a negative declaration or environmental impact report (EIR). Page 4 of 7 Ordinance No. 860 - Page 40 of 43 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Under Section 15162 of the CEQA Guidelines, when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. If the none of these conditions calling for the preparation of a subsequent EIR or negative declaration are met, but minor technical changes or additions are necessary to a previously adopted environmental document are needed, Section 16164 of the CEQA Guidelines allow the lead agency to prepare an addendum to the prior environmental document. A brief explanation of the decision not to prepare a subsequent EIR pursuant should be included in the addendum, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. The addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration, and must be considered by the decision-making body prior to making a decision on the project. Page 5 of 7 Ordinance No. 860 - Page 41 of 43 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Analysis This addendum to the EIR has been prepared for the Project because none of the conditions specified in Section 15162 of the CEQA Guidelines requiring the preparation of a subsequent ER or negative declaration are met. First, the Project does not propose substantial changes in the City's development regulations that were not analyzed in the EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in the General Plan EIR. The General Plan specifically mentions revises and updating the Development Code, as shown in the following table. The Development Code shall be updated to reflect the density and LU-2.1, LU-2.2, LU-3.3, LU- intensity ranges (especially along Foothill Boulevard) as specified in 3.8, LU-4.2, LU-4.3, LU-4.5, the General Plan including updating the development standards to LU-5.1, LU-9.5, ED-2.1, ED- be consistent with the General Plan provisions. (Table LU-2 of 2.4 ED-4.4 Chapter 2) The Development Code shall be updated to develop guidelines or LU-2.4, LU-9.1, LU-9.2, LU- standards that will guide infill development and make it compatible 9.4, ED-1.4, ED-4.1 with the surrounding neighborhood communities The proposed project does not change either the policies or the figures shown in both the EIR and the General Plan. The project does not change any densities, intensities, land uses, or designations beyond those analyzed in the EIR. As a result, there is no change in the project and no new significant environmental effects, or increase in the severity of previously identified significant effects is anticipated as a result of the proposed project. Second, there have been no substantial changes with respect to the circumstances under which the Project is undertaken that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The ER, which addressed the impacts of adopting the City's General Plan and revisions to the land development code, was adopted on May 10, 2010. The existing conditions reported in the EIR are very similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not processed any amendments to the plan. As a result, there are no substantial changes to the environment which would require a modification of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Third, there is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified that shows (a) the Project will have any significant effects not discussed in the EIR; (b) the significant effects examined Page 6 of 7 Ordinance No. 860 - Page 42 of 43 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report in the EIR will be substantially more severe than previously shown; (c) mitigation measures or alternatives previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the project; or (d) considerably different mitigation measures or alternatives than those analyzed in the EIR would substantially reduce one or more significant effects on the environment are now available. As the Project is consistent with the General Plan there are no new effects that were not discussed in the EIR. Similarly, the Project will not result in changes to the impacts identified in the EIR that could be considered substantially more severe. The Project does not alter any of the review processes in place for new projects, nor does it exempt new uses in the zoning ordinance from review. The Project addresses areas of responsibility for development review and affirms the appropriate body to make recommendations clarifies appeal procedures and establishes project review timelines. None of these changes will result in physical changes to the environment inconsistent with the General Plan as analyzed in the EIR. No additional mitigation measures are necessary. Summary In summary, the General Plan EIR sufficiently analyzed the potential impacts associated with the proposed Development Code Update. The City has a thorough development review process that is fully documented in the General Plan EIR, and that will remain in place following the proposed project. Page 7 of 7 Ordinance No. 860 - Page 43 of 43