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HomeMy WebLinkAbout1983/09/06 - Agenda Packet'. / •:� y. L..� •/. ,, a t 1 �� ,. ?,� �. CAT Y OF �,� RA`cxa cz:CAiN;QNcA C' C J > AGENI11 'l 1977 DEVELOPMENT CODE PUBLIC HEARING SEPTEMBER 6, 1983 6:30 P.M. LIONS PAW COMMUNITY CENTER 9161 BASE LINE ROAD RANCHO CUCAMONGA, CALTFORNIA I. CALL TO ORDER I1. ROLL CALL ommissioner Barker Commissioner Juarez Commissioner McNiel Cc missioner Rempel Commissioner Stout 91L-01Q-. J II. MEETING OBJECTIVE: Comp ete a detai ed review of Chapters 4, 7, 8, and 9 to reach a consensus on any changes to the proposed draft. III. PUBLIC HEARING AND DETAILED REVIEW OF CHAPTERS A. Chapter 4 - Residential Districts B. Chapter 7 - Specific Plans and Planned Communities C. Chapter 8 - Open Space Districts D. Chapter 9 - Hillside Residential District V. ADJOURNME11T The Planning Commission has adopted Administrative Regulations that set an 11 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. E 11 LI DATE: TO: FROM: BY: CI'rf OF RANCHO CL'CAMO' GA STAFF REPORT September 6, 1983 Chairman and Members of the Planning Commission Rick Gomez, City Planner Michael Vairin, Senior Planner; and, Dan Coleman, .Associate Planner SUBJECT: STAFF REPORT CFO. 2 - DRAFT DEVELOPMENT CODE I. MEETINl; OBJECTIVE Tonight's public hearing is a continuation of the series of workshops which began on August 16 for consideration of the draft Development Code. Being the second workshop, the objective for this meeting will be to provide any further comments from the previous meeting on Chapters 1, 2, and 3, and to review in detail the residential review process and the chapters dealing with residential development, Chapters 4, 7, 8 and 9. Enclosed with this staff report you will find revised Chapters 1, 2 and 3. It is not intended that we will go through those chapters again; however, as our workshops continue, any further comments r'' questions on the revised portions of the text (as they are completed) shoed be directed to the staff for any further revisions. Attached to this report are some revised pages for your review on the matters we will be discussing tonight within Chapters 4, 7, 8, and 9. II. DETAILED REVIEW OF C%jAeTER 4 - RESIDENTIAL DISTRICTS: This chapter combines a o t e res�dent:a istrict regu ations, except parking and signs, into a single, comprehensive chapter for easy reference. The chapter contains the use regulations, development standards, special development criteria, performance standards, design guidelines, and absolute policies for residential development. it is intended to be used in conjunction with other chapters of the Development Code, to maintain the character of existing residential neighborhoods, and to insure that future growth is of the proper type, design, location, served by a proper range of public services and facilities, and exhibits a high design quality. STAFF REPORT N0. 2 - Draft Development Code PAGE 2 �I Section 4.1 - General Puruoses and General Plan Consistera:y; and Section - Deve opment Districts: These sections set forth the purpose and intent of the C apter and its consistency with the General Plan. Additionally, it describes each of the residential development districts. The residential districts follow the sane categories used in the General Plan (e.g. Very Low, Low, Low - Medium, etc.). Section 4.3 - Use RLeplations: A use matrix, Table 4.3, lists the permitted and con itiona�ly permitted uses within each residential district. The proposed use regulations are based upon five years of administration of the existing regulations. The primary difference is that uses have been more clearly defined within each district. This section also includes special use regulations for agricultural uses, the keeping of animais, home occupations, mobile homes, recreational vehicle storage yards, second units, and historical structures. Traditionally, agricultural uses are permitted prior to residential development on larger lots. The proposed regulations would preserve the uJicultural potential of lots with 2.5 acres or more, in keeping with the rural character of Rancho Cucamonga. The proposed animal regulations contained in Table 4.3 expand upon our current regulations by further defining the type and number of animals permitted within each residential district. The attached memo presents several options for the keeping of birds on residential lots. The recreational vehicle st'race ;'ard provisions were requested by the Planning Commission as result of code enforcement activity. The proposed regulations would permit the parking and storage of recreational vehicles subject to granting of a Conditional Use Permit and adequate screening; dismanteling or ;wrecking activities would be prohibited. Staff would recommend requiring a minimum 2 acre site unless part of a master planned development. Also contained in the special use regulations are the requirements for home occupations, mobile homes, and second dwelling units as previously adopted. New regulations are proposed to allow certain uses within recognized historical structures. This section will implement the General Plan policies which encourage preservation of landmarks and historical structures. uses would be permitted subject to a Conditional Use Permit and full improvement of the property. Section 4.4 - Site Development� Criteria: This section contains the minimum stan ar s for resiaentiTvelopment to be used in conjunction with the design guidelines and absolute policies. The development standards are divided into two categories: (1) basic development standards; and (2) optional development standards. STAFF REPORT NO. 2 - DRAFT DEVELOPMENT CODE PAGE 3 Development at the lower end of the designated density range would occur under the basic or optional development standards, however development at the higher end of the designated density range requires development under the optional standards. The intent of the basic standards is to provide regulations that will provide projects of good design quality. The optional standards are intended to provide flexibility and incentive_ to encourage high desian quality and transitions from lower intensity uses. The alwed in any resi determineddthrough the residential /growth management review process and public hearings. These basic and optional development standards reflect the policies developed by the Planning Commission and City Council over the past five years. The standards contained in Ta►sies 4.4 -B and Q combine all development standards into a simple format for easy reference. This first draft of development standards was intentionally written "high° for testing purposes. An oral presentation of testing conducted by staff and the BIh will be presented at the workshop. The basic intent of having two sets of standards is to limit density under the basic standards and ® increase setbakcs, landscaping and open space development for projects designed at higher densities. The increased development standards are intended to off -set the increased density and to make the project more compatible with surrounding environment. New sections have been added primariiy under the Optional Development Standards for front yard landscaping, recreation areas /facilities, and energy conservation. These sections are based upon General Plan policies and past Commission and Council policy regarding residential development proposals. Also proposed is a new section establishing regulations for mobile home parks (see attached). This section is in response to Sit 484 which requires that mobile home parks be allowed in all residential districts, and deletes the City's authority to set standards for lot, yard, parking area and landscaping. Section 4.5 - Special Development Criteria: This section sets ort th4 minimum standards for accessory structures and additions, equestrian trails, fences, swimning pools and recreational courts, and special exceptions regarding yards and height limits. In addition, a new section has been added regarding the protection of solar access rights to encourage energy conservation. Section 4.6 - General Provisions: This section contains general relations applicable to all residential districts such as signs, parking, property maintenance, and vehicle and equipment repair and storage. The regulations dealing with property maintenance and vehicle repair and storage are intended to deal with areas of code enforcement not adequately addressed in the previous Zoning Ordinance and �tjnicipal Code. STAFF REPORT AO. 2 - DRAFT DEVELOPMENT CODE PAGE 4 H1. Section. 4.7 - Performance Standards: This is a new section containing performance stars ar s intended to protect properties in all residential districts and the health and safety of persons from environmental nuisances and hazards. The performance standards include such items as noise, vibration, glare, electrical disturbances, etc. Section 4.8 - Design Guidelines: This section sets forth general design guidelines to assist developers in Understanding and complying with the City's standards for building and site design. These guidelines are based upon conQnunity design goals expressed in the General Plan and encourages the orderly and compatible appearance of structures and property along with associated facilities such as signs, landscaping, parking areas, and streets. Following adoption of the Development Code, staff will prepare more detailed design guidelines in handout form available to developers contemplating construction within Rancho Cucamonga. Section 4.9 - Absolute Policies: This is a new section which was distributed earlier. This section establishes policies which are absolute requirements for each residential project to satisfy before approval can be granted. The absolute policies are intended to address the most critical issues associated with residential development such as assuring neighborhood compatibility, compliance with adopted plans, adequacy of public facilities and services and protection of the environment and public health. These policies are intended to be used in conjunction with the development standards and design guidelines as a part of the residential /growth management review process. The absolute policies have been taken directly out of the Growth Management Ordinance and the General Plan. These policies essentially are to replace the point rating system under the current growth management system. 7 - SPECIFIC PLANS AND f Section 7.1 - Pur ose and Application: The purpose of the Specific Plan and Planned Communities district is to further implement the goals and objectives of the General Plan in a more detailed fashion. The Commission has seen the importance and ability to plan at a much greater detailed level with the adoption of the Planned Communities and Specific Plans. This chapter is also intended to discuss the relationship of those approved specific plans and planned communities and how they relate to the overall Development Code regulations and guidelines. El El STAFF REPORT NO. 2 - DRAFT DEVELOPMENT CODE PAGE 5 Section 7.1 section is adopted by years ago. Development specific p" City. Planned Cor¢nunities /Specific Plan District: This t`.c u,rrent planned community ordinance which was the City Council and Planning Commission a :ouple of It is essentially put into the format of the Code and included in the event that any further ans or planned communities may be developed within the Section 7.3 - Ado ted S ecific Plans: This sections describes both the Etiwanda a,d Industria Specific Plans and their locations. Section 7.4 - Adtvted Planned Communities: This section describes both the Terra Vista wid Victoria Panned Communities, their location, and where a copy of the planned community text may be obtained. The specific plans, as well as the planned communities, will each be designated on the district map with the appropriate district designation; identifying them as specific plans and planned communities. IV. DETAILED REVIEW OF CRAPTER 8 - OPEN SPACE DISTRICTS Section R.1 - Pur ose and General Plan Consistency: This section generally hates tt.at it is the purpose of she Open Space Districts to provide pt= t =ction to environmentally sensitive areas and to preserve and promote use of open spaces and natural features, as well as protection to the general public to ensure public health and safety. Section 8.2 - Districts: This section describes the three Open Space Distri --ts w 3c are: (1) Open Space District - which is intended to protect environmentally sensitive lands which includes development standards and criteria to provide a very low intensity development and encoura a the use of open Space areas for recreational activities and preservation of natural resources; (2) Flcod Control - which is necessary f -ir the protection of public health a °7d safety with regard to flood control facilities; (3) Utility Corridor - which is a district intended to regulate the utility corridors, which are essentially the overhead power line areas and for other land uses within those utility corridors that would be compactible and functional with existing and surrounding land us-:s. Section 8.3 - Use Regulations: This section includes Table 8.3 which shows the uses which are permitted or conditionally permitted within each of the three districts. One change which we would recommend wou "d be with regard to the number of single family dwellings permitted within the Open Space District. The draft Code was written t) allow one (1) unit per net buildable forty (4U) acres. However, this borders on the ge o. taking someone's property without just compensation, which has been deemed by the STAFF REPORT NO. 2 - DRAFT DEVELOPMENT CODE PAGE 6 courts as inverse conCmnation. Therefore, our City Attorney has recommended that a more reasonable and achievable standard be uses. In conjunction with what the Cownission hay decided with regard to the County Foothill Community Plan, we recoamnend that this figure be set at ere (1) dwalling unit per fcrty (40) acres and exclude the net buildeble term from the proposed standard. Section 3.4 - Site Develepnent Regulations: -ihis section contains the basic deveioament criteria for uses and properties within each of these districts. As a result of the modifica.tioP for the number of un,ts within the Open Space District, staff would recommend deleting Table 8.4 -A and substituting some language which would essentially state that sizes, configurations_ and setbacks of lots and developments within these districts would be determined through the subdivision and development review process in conjunction with the configuration and topography of the site. In addition, this section discusses certain criteria within each district which a site mast conform with. Nro:.t of this criteria is from the objectives of the General Plan Open Space Element. V. DETAILED REVIEW OF MAPTER 9 - HILLSIDE RESIDENTIAL DISTRICT Section 9.1 - Purpose and General Plan Consistency: The Hillside Residential District,— as designMeeG on the General Plan, was -i ^tended to allow minimal residential development based upon environmental constraints of those areas. The General Plan contains development objectives for those areas based upon environmental constraints regarding soils /grading, public safety, water- animal and plant life, anG environmental design. This section of the Code describes those objectives which set forth the basic purpose and intent of this district. Section 9.2 - Use Re ulations: 11is section states that the H� si a esi entIa 1stricts will permit single family residential dwellings on either separate lots or in clusters in buildable areas along with accessory structures only. The General Plan states that uses other than residential dwellings are deemed to be too intensive for these areas. Additionally, the General Plan states that. V_ maxilaum dwelling unit density raay not exceed two (2) units per net buildable acre. Implementation o'` development in the Hillside District will require the development of environmental studies and investigations in order to determine the buildable area of the site and to exhibit that the development and site can meet the performance development criteria of the Hillside Residential District. Any development in this area would be required under these regulations to develop a precise development plan shuwing lot layouts, access, street designs, etc., in conjunction with a development or subdivision of props uy withir. the Hillside Residential District. STAFF REPORT NO. 2 - DRAFT DEVELOPMENT CODE Aph PACE 7 1p Section 9.3 - Site Development Re ulations: Because of the uniqueness of in ivi ual properties an 'areas the Hillside District, setbacks and other similar development regulations are not put forth in order that the precise development plan and environmental studies may be conducted to determine the best development of each site. However, buildable area is defined as a contiguous area of a lot which is less that 10% in natural slope, or if through the environmental studies it can be shown that the area is buildable. Section 9.4 - Develoxnent Perfc.-nance Standards: This is the critica r section or t is c aster as i sets forth minimum performance standards that any development within the Hillside Residential District must comply with. In addition, anyone building in this area would have to supply all the necessary information in order to determine compliance with these standards. These standards cover soils /grading, pitlic safety (fire safety, seismicity, and circulation.) water, animal and plant life, and design. These performance standards were arrived at through the use of he General Plan goals, policies, and objectives with regard to the development of the hillside district. VI. CONCLUSION: These chapters essentially deal with potential residential development and processing in all areas of the City and would be regulated in accordance with the provisions outlined within each of the districts and chapters. All residential developments will be processed in a like manner through the growth ;,,a-+pgement review process_ Staff will continue working with the development standards, outlined in Chapter 4, to insure that these standards will meet the objectives and policies of the City for rasidential development as well as providing regulations which are reasonable and achievable. Based upon Commission and public input at tonight's meeting, staff will make appropriate revisions to these chapters and forward them to the Commission as soon as they are completed. Respectfully submitted, 1� A Air W/ Michel Vairi7 Senior Planner 'r�v:DC:jr 40 NEW SECTION TO BE ADDED Section 4.4 1. Mobile Home Parks: This section sets :'orth requirements for mobile home park development. Except as provided herein above, all other development standards contained in this section shall apply. 1. There shall be no minimxn side area for a mobile home park. 2. There shall be no minimum area, width, or depth requirement for individual lots or spaces. 3. There shall be no minimum yard requirement for individual lots or spaces. 4. There ....;t11 be no minimum size for individual mobile home units. S. The minimunn street yard setback on public streets shall be in conformance with Table 4.4-D, Streetscape Setbacks.. 6. Existing mobile home parks and pre- existing mobile home parks shall not be deemed nonconforming by reason of failure to meet the minimum requirements prescribed in this section, provided that the regulations of this section shall apply to the enlargement or expansion of a mobile home park. LI 11 E 11 CITY OF RANCHO CUCAMONCA MEMORANDUM DATE: September 6, 1883 TO: Members of the Planning Connissio s FROM: Michael Vairin, Senior Planner By. Dan Coleman, Associate Planneer SUBJECT: CODE ANiMAL REGULATIONS - BIRDS BACKGROU:7: The attached letter from Mr. Harp expresses concern with Wanima regulations proposed in Chapter 4, Section 4.3, as they ef relate to the keeping of birds. Mr. Harp has a back yard aviary on a half -acre lot in Alta Loma which has been the subject of complaints and code enforcement action. Mr. Harp would propose to regulate the keeping of birds using the noise level performance standards contained in Table 4.7 -9. The Development Code, as cirrently written, would permit aviaries (up to 50 birds per acre) as a permitted agricultural use prior to residential development on lots of 2.5 acres or more. After residential development, 5 birds per each 5,000 sq. ft. of lot area, up to a maximum of 25 birds, could be kept on all residential lots. ANALYSE-: Compatibility with surrounding residential uses is the major issue; with the primary concerns beilig noise, odors, and flies. The issue is not the number of birds because of the Hide variety of sizes and habits of many bird species. Listed below are several options for the Planning Commission to consider in regulating the keeping of birds. OPTION 1 - NOISE PERFORVANCE STAWiIRDS: Rather than limit the number of irds that may a ept, Mr eeoers would be required to comply with the maximum allowable noise levels as contained in Table 4.7 -D for residential districts. Administration and code enforcement of this type of regulation would be impractical for the following reasons. For example, a potential bird keeper kf,�ald be told by staff that he could keep an unlimited number of birds provided that he complied with the 60 Dba maximu. allcwable noise level during the daytime hours. The general public would not have access to noise level measurement devices. This could lead to violations and complaints, yet the City would have no method of determining how to reduce the number of birds to comply with the performance standards. OPTION 2 - INCREASE THE NUMBER OF PERMITTED BIRDS: The Development, Code, as written, wou permit a maximum of wen y- ive birds on a lot in the residential district. The keeping of a large number of birds in an aviary is traditionally considered an agriculture use and not an accessory use to the residence. Again, the issue is not the number of Code Animal Regulations /Birds September 6, 1983 Page 2 birds, rather, it is a question of noise, odors and flies. Eased upon pas*_ code enforcement, allowing additional hirds would result in complaints by surrounding residents. OPTION 3 - CONDITIONAL USE PERMIT: The Conditional Use Permit procedure provides for pub is input regar ing the compatibility of an avairy in the residential neighborhood and allows mitigation mean-ures to be imposed upon the keeping of birds (eg - noise attenuation, screening, etc.) Further, a maximum number of birds can oe established ry a district or through the Conditional Use Pe -nit process on a case -by -case basis. OPTION 4 - Status Quo: Allow aviaries only prig to residential deve opment an a maximum of twenty -five birds thereafter. This would be consistent with existing Interim ordinance regulations. RECOMMENDATION: Based upon analysis of these options, complaint records, and information presented by Mr. Harp, staff would recommend allowing aviaries limited to 50 birds per acre subject to the approval of a Conditional Use Permit an lots of 2.5 acres or more in all residential districts. The number of bird,, permitted on all other lots would be written in Table 4.7 D. MV:DC:jr Attachment: Letter from Mr. Harp 0 J J AN Ugr;"A d :Stl >i1lY DEVF1 OPF4ENT DEPT. BUG ! .5 1963 AM PV_ 70 i9 jo,11til2;1t2t3,415ta Planning Division City of Rancho Cucamonga, Ca P. O. Boa 807 City :f Rancho Cucamonga, Ca 91730 Dear sirs: August 101, 198? In studying the proposed revision of tt -; :..13 code I find the section for birch is very limited in tr.-� - .er -which can be kept in a backyard aviary. Only 50 birds on �. - ..tire acre or five birds to the 5000 foot lot is absurd. I coup. keep 5 finches In a two foot scuare rags. Perhaps a few `'acts and some information would assist in setting up a more equitable zoning requirement. I have been working with animals for over 50 years. I grew up on a farm where we-had many of the large animals. Since 1946 I have been working kith improvement and breeding of birds as a hobby, using genetics- and selected breeding methods. I have been president of the Bird Association of California, a member of The Avicultural Society and the California Game Breeders. I worked for the Los Angeles County Fair for 15 years coordinating and producing the foreign bird show. Birds have one of the greatest variat_ons of size and sounds found in any group of animals. The smallest is about two inches tall with the largest over seven foot tall. There are 27 orders (birds sharing certain internal characteristics). The sub groups consist of 155 different families of 855+ species (birds which look alike and interbreed). Some of the larger birds, such as the big seven foot tall ostriches, the beautiful colorful flamingoes and the graceful muted swans' sounds cannot be heard over a few feet away. Among other larger birds, individual varities of geese, macaws, parrots and peafowl can be heard a mile away under some conditions. The trumpeter swan can be heard up to two miles and theSouth American screamer can reportedly be heard three miles. Many of the hummingbirds, finches, parrotlets, pi6ns, doves, and a great many other small birds songs cannot be heard beyond 25 feet lmder the best of conditicns. 2 Some conur es, lovebirds and guinea hens, which are smaller birds can be heard a block away. Pearing in mind the great many vanities of size and the so,znds blydL make, the total number of birds allowed to be kept is not the answer to the proper co-.trol of them in the city. A great many varities of the quieter birds which many people have interests in can be kept without attracting any notice of the nearby people, except by the bright flashing colors as they fly about. An example of this is the canary, diamond saarrows, straw- berries, and star finches to name a few of the tiny finch group. But, only one of the louder birds could. be a big rusiance. An example is the peacock_ with his big beautiful tail feathers and h`_s very loud call. Many of the birds raised and studies in captivity are virtually extinct or on the endangered list in their own_ native countries. A ,good example of this is the recent controlled production of the California Condor, by the San Diego Zoo personnel. This has been the result from many years of detailed patient study by aviaculturists o1' the birds and the habits of simillar birds. Many of the aviaculturists, keeping a few birds, have mastered the breeding of some of the very rare birds and can now continue the lines of the birds. Much of this activity has been done In the small 'backyard aviary'. Even with the varied interests in the birds, many of them are kept only for their beautiful colors and melodious songs. If extreme linjited zoning conditions continue, very soor_ we will not be able to have any aviaries of birds because there wont be any place to raise them. Doubtlessly you know importation of birds 1s next to impossible for the average fancier. Almost all small birds raised In the United States are raised in the backyard aviaries. Because of the many difficulties involved it has not been practical to establish large commercial breeding establishments. The smaller residential lots are much more limited then the larger half acre lots, which many of us reside or.. Consideration should be given to utilize these half acre lots and increase the desirability of owning them. This is very important in the present denressed real estece market here. The most practical use,for the average person, of the 'large backyards' of the half acre lots is the keeping of animals. This was pointed out as a selling point when the houses were offered for sale by the developers. 19 3 Suitable plantings placed around any animal enclosure can ald to the surburban atmosphere, which includes animals. a `large Aft a-v l'�wo horses,� to maintain t whichVistallowed atathe present corral Ofssary. courss, there would not be the potential smells and disposal problems of the large ailantities of manure droppings because small birds have mars limited droppings. E Ll Hy aviary, as well as many others are registered with the California state health departmennt, and others are registered with the state fish and game oomnission of California. All of us are Itseother f rictionsf ishresponsible for ttief healthuand regulationoof the bird fancy. I beleive you should understand now, the number of birds allowed to be kept in an aviary -is not tha answer to the fair control of them. I was told by a member of the p7ynning department that sound readings were to be used in relation, to some situations. I beleive the record:: •:)f sound reading-A sati birds so gs at the near-at dwelling is the .gay to handle it. _ estedtin level readings reall7 what opinions, likesand dislikes. It is a great challenge to studs some birds habits and c--)nd- iti ^Zs and have them lay eggs and raise young. The satisfaction. of earni±g a 'first breeding' medal is beyond der^rsption. If I can be of further help, please contact me. I do plan to be at the workshops. Gentlemen, PLEASE, recognize and give the birds more consideration in the new zoning codes. t Than- ycn for your cor_eideration, ✓ !I Lyn-i on Harp 9110 Carrara Ct Alta LGma, Ca 91701 98o o424 ADMIIrRATiON Cllbc l�/16sS� II iiN Section 1.1 A. Title. This title is known as the Develo pment Code of the City of Rancho Cucamonga. B. Adoption. This title is adopted pursuant to the authority granted to the City of Rancho Cucamonga by Section 65800 et. seq. of the Government Code of the State of California. C. Purpose /Intent. 'These standards and guidelines for the City of Rancho Cucamonga are hereby established avid adopted to protect and promote the public health, safety, morals, comfort, convenience, welfare; and more particularly: i. To implement the goals and objectives of the General Plan and to guide and manage the futura growth of the City in a^_cordance with such plan; 9. To protect the physical, social, and economic stability of residential, comme_*cial, industrial, and other land uses withizzi the City to assure its orderly and beneficial development; 3. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings, and other improvements; ® 4. To attain the physical, social, and economic advantages resulting from comprehensive an orderly land use and resource pl niAg- D. Consistencv with the Land Use Element of he General P'.a;i• Ao use of land or buildings or which an application LS regwred Pursuant to this title is to be approved for processing under this title unless it is consisiert with the Land Usn Element of the General Plan. in any case where there is a conflict in regula between this title and the Land Use Element, the Land Use Element prevails.. A proposed u� is consistent with the Land Use Element when all of the following conditions exist: i 1. The proposed usv is allowed as a primary or secondary use in the Land Use Element designation in which the use is located, as shown by the Land Use Element map and as described in the text of the City's General Plan. programs and standards of the r. 2. The proposed use is in conformanc° with the Land Use Element. 3. The proposed use is to be established and maintained in a manner which is op consistent with the Land Use Element and all applicable standards contained therein. LI -1- Section L2 Development Districts In order to classify and regulate the use of the land, buildings and structures, and to establish initir:um site de.elofinen# rwgulations and performance standards applicable to sites in the City, the City hereby is divided into the following districts: 1. Boundaries of the Development Districts hereby established by this ordinance shall be shown on the Development District Map of the City of Rancho Cucamonga, California. The Development District Map, together with all legends, symbols, notations, references, District boundares and other information thereon, shall be a part of this ordinance and is adopted concurrently herewith. 2. The Development District Map and a reccrd of all prior amendments thereto shall be kept on file with the City Clerk, and shall constitute the original record. A copy of the currently effective District Map shall also be kept on Me with the Community Development Department. Changes in the boundaries of any district shall be made by ordinance pursuant to Chapter 1, and shall be reflected on the Development District Map. E -2- Map District Title Designation Residential Districts Very Low (1 -2 du/ac) VL Lox (2-4 du /ac) L Low - Medium (4-8 du/ac) Lei :Medium (8 -14 du/ac) M Medium -High (14 -24 dulae) MH High (24 -30 du/ac) Hr Commercial/Office Districts Administrative & Professional AP Neighborhood Commercial NC General Commercial GC Specific Plan Districts SP Planned Community Districts PC Open Space Districts Open Space OS Flood Control FC Utility Corridor UC Hillside Residential District HR Overlay Districts Senior Housing SHOD Master Plan KPOD Mobile Home Park MHPOD A. Adoption of Development District Map 1. Boundaries of the Development Districts hereby established by this ordinance shall be shown on the Development District Map of the City of Rancho Cucamonga, California. The Development District Map, together with all legends, symbols, notations, references, District boundares and other information thereon, shall be a part of this ordinance and is adopted concurrently herewith. 2. The Development District Map and a reccrd of all prior amendments thereto shall be kept on file with the City Clerk, and shall constitute the original record. A copy of the currently effective District Map shall also be kept on Me with the Community Development Department. Changes in the boundaries of any district shall be made by ordinance pursuant to Chapter 1, and shall be reflected on the Development District Map. E -2- Section 1.2 3. Applicability 1. The provisions of this ordinance hereby are declared to be in effect upon all every district properties included within the boundaries of each and established by this Cone. 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Wherever a lot or site is divided by the boundary between d stricts, the regulations applicable within each district snail apply to each portion of the site situate! in a separate d strict. All lands now or hereafter included within the WtSfOt"64 U fif&t dt tri16 3. City, which lands are not included within a spe ified district shown on the shown as pre - district to a specified Development District Map or are not district in accord- with applicable provisions of this ordinance, shall be deemed within the Open Space District. 4. The following rules shall apply LZ the determination of the boundaries of any d strict shown on the Development District Map: (a) Where boundaries are indicated as approximately following street and 'boundary lanes, such lines alley lines or other identifiable property or shall be construed to be the District boundary. Where such boundaries are indicated as within street and alley lines, or within identifiable line thereof shall be construed to rights- of-way oe creeks, the center be the district boundary. (b) In unsubdivided property, where a district boundary divides a lot, the location of the district boundary, unless the same shall be indicated by dimensions, shall be determined by use of the scale appearing on the Development District Map. (c) A symbol, or symbols, indicating the classification of property on the Development District Map shall in each instance apply to the whole of the area within the Development District boundaries. (d) Where a public street, alley, or rigt'.t -Of -way is officially vacated ted y abandoned, the regulations applicable to abutting Property equally to each half of such vacated or abandoned street, alley or right -of -way. -3- Section 1.3 5. Distances between structures, or between a structure and any property line, setback line, or other line or location prescribed by this Development Code shall be measured to ilia e. erior face of the nea rest we or vertlCE1 s,4—D^`rt of such structure. WUM d tiff 006 d6M cif )WO ti if¢fOW VUAU bt tOOMf dnibtestddn�>Sf #i AU i56 At d4f0diM64 lb# fHb OW MOWN 8. Any stnhcturs for which a buildug permit ins been issued under the provLsimu of earlier orsliaw aces of the City, and which is in conflict with this ordirmutce, may be constructed ut acconiawe with the p1.or<s and speck atiors uport which rile permit was issued, provided such permit is valid at the time of beghmirg of constractimu T. Subtimmort and development of prey purmor: to a tentative tract map or te+ttative parcel map which has been approved pursuant to the grovisians of earlier ordinances of the City, and which is In cmdUct with this and narwe, may be cardt aped and completed in accord with the provisions of approval provided it is completed within the time limit in effect at the time of its app-vw4 provided it complies with all other ordirt�c'es and lawn in effect at the time of approvaL Final tract maps mcry be approved ptarsuant to this section and bzUdbV and other perndts may be issued for nary lots created pursamat to this section consistent with such ap�avvaL The provisions of this Code are not intended to interfere with or void any easements, covenants, or other existing agreements which are more restrictive than the provisions of this Development Cade. 0 A. Conflict With Lather Regulations. Whenever the provisions of this Code impose n ore restrictive regulations upon buildings er structures, or on the use of lands, or require larger open spaces, yards, or setbacks, or otherwise establish more restrictive regulations than are imposed or required by any other law, title, ordinance, code or regulation, the provisions of this Code shall govern. B. Clarification of Ambiguity. if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements, or District boundaries as set forth herein, it shall be the duty of the Planning Commission to ascertain all pertinent facts and by resolution of record set forth the findings and the interpretations. C. Statutory Authority in Case of Conflicting Provisions. Nothing in this Code shall be deemed to affect, annul or abrogate any other Am dt ordinances pertaiaing or applicable to the properties and areas affected by this Code. 110 Mtii/ U " O "t" t6 t6ALUO WO "t MU6 U*9 0416ta dt MAI*bdnMU aff#fift #ctrl Otaiottf o bt 71t¢ W In the eve--.t that a conflict does arise, the more restrictive Code requirement shall apply. -4- EM 11 Section 1.4 Use Determination A. Pti *use ar_d Initiation. in order to ensure that tine Development Code rongulatown will pernit all similar uses in each district the Planning Commission: up initiative or upon written request shall determine whether a use not specifically listed as permitted, secondary, accessory or temporary use in any district shall be deemed a permitted use or conditional use ir. one or more districts on the basis of similarity to uses specifically listed. Tlie procedures of this section shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses. B. Application. Appucation for determination of similar uses shall be made in writing to the City Planner and shall ir.clude a detailed description of the proposed use and such other information as may be required by the City Planner to facilitate the determination. C. Investigation and Report. The City Planner shall compare the proposed use characteristics with the General Plan goals and objectives as well the u r bees OIL each of the use districts and may determine if the p.opos permitted or conditional use in any of the districts and shall make a report of his findings to the Planning Commission. D. The PimmiM Commission 3WH base its decision upon meeting the f0UOwhV fted&V= 1. The use in questiori L of a similar intensity to other permitted or conditionally permitted usas in the same district. Z. The use in question meets the purpose and intent of the district in which it is proposed- 3. The use in question meets and conforms to the applicable goo s and objectives of the Geneml Plan. E. Determination. The determination of the Planning Commission by resolution shall be a fectve f1sjVfW. j110 ten (I0) calendar days after the date of decision unless appealed to the City Council as prescribed in Section !.8- Section 1.5 City Planner A, This t'le s1-.all be administered by the City Planner whose responsibilities for this title include the foLowing functions to be carried out either directly or by subordinate employees: E. A}plicaton Process• Receive and review all applications for development mpleted pursuant to this true. Processing includes the certification of co public applications; the establishment of a permanent file; posting Of notices; collection of applicable fees; preparation of reports; processing of appeals; and presentation of staff reports to the Development Review Committees, Planning Commission and City Council. 2. Interpretation. Interpret the provisions and advise the public on the requirements of this title- -5- 3. Amendment. initiate action for amendment of this title where it is determined that such amendment would better implement the General Plan goals and objectives and increase its effectiveness and /or improve or clarify the contents of this title. 4. Permit Issuance. Issue permits under this title and certify that all such oermits are in full conformance with its requirements. 5. Coordination. Refer and coordinate matters related to t:ie administration of this title with other agencies and City departments and provide information on the status of all development permits. Section 1.6 Amendments A. Purpose and Intent. This Section establishes the procedures for amending district regulations and boundaries. The amendment process is necessary to provide consistency 04 df with the Development Code with the General Plan and state law, and to increase its effectiveness and clarity to implement the General Plan goals and objectives. B. initiation 1. A change in the boundaries of any district may be initiated by the owner or the authorized agent of the owner of property by filing an application for a ddistKet amendment W-h as prescribed in this section. If the property for which rezoning is proposed is in more than one ownership, all the owners or their authorized agents MaW must join in (fling the application. 2. A change in the boundaries of any district or a change in the regulations may be initiated by the consensus of the City Planning Commission or City Council. C. Application 1. Application for amendments shall be fileo with the Planning Division on a form prescribed oy the City Planner. 2. The City Planner may require additional information if fish* AM necessary to enable the Commission to determine whether the change is consistent with the objectives of this Code and the City's adopted General Plan. 3. An application initiated by a property owner shall be accompanied by a fee established by the City Council. D. Concurrent Applications. An application for an amendment may be filed concurrently with any other applicationts? as deemed appropriate by the City Pla.�iner. E. Public Hearing. The Planning Commission shall hold 0 I6if>ff a one public hearing on each application for a district boundary change or for a change in district regulations. The hearing shall be set and notice given as prescribed in Section 1.12. E _5_ Section 1.6 F. Action by the., Planning Commission. cfa511¢vbdaig JAd 46AIlig 0 M ¢006 1i4dfN& The Planning Commission shall V�tiiFas WOifia4 fid�:>i$i aiS ¢fas a!0'A S IJ,6ai IjOyl state b' re"bla nwhether the change is consistent Ja.... he objectives of this Code and with the General Plan, and shall recommend to the City Council that the amendment be granted or granted in modified form. Of tQjdtHi I A decision to denv such request may be appealed to the City Council as prescribed in Section 1.8. G. Alternative Classification in Lieu of Proposed Classification. When the Commission determines, ollowing s public hearing on a proposed T-52YU lg district baudary amendment that a change to a district classification other than the proposed classitication specified in the hearing notice is desirable, the commission may recommend a.L: alternate classification. The Commission must determine that the recommended alternative is more appropriate for the subject property and is consistent with the General Plan and intent of the Development Code. if it is more intense than the recommended alternative a new public hearing is required. Il �$ Waif, 04 0# it s a� >; kSU=0d; dl 016 t � *04 Of fart 00ek "pa Ofd g5f d Outdot tbbtififlaif; 16MAO fa tll eu W TKO MO t►i 1of Omotft U fi$Himi Of %iat Iva $a<fdIUMO :ri tli# EtYffifig QW1 i�i�itofS to t 6 idl i$ Div 041 ¢��OASiUO 010 UA0 06 ft) mg ¢f ifC tt$t¢t ,6 k ¢eitod u h6t 00 ftfs" $b¢0ff4 6 LLi T IK at 0150"" datfi¢t 160"t14 U 10 "fifdtdl"6E VUiO 06 G #,W aJ PAW H. Action by the City Council 1. Within forty -five (40colenclar days after the recommendation of the Planning Commission to approve a district change, or if an appeal has been filed by the applicant or any other person prescribed in 5�'chon 1.8, the City Council shall hold at least one public hearing. The hearing shall be set and notice given as prescribed in Section 1.12. 2. Following the closing of a public hearing, the Council snail rr_ake specific findings to whether the change is consistent with the objectives of this ordinance and with the General Plan. If the Council •Fnds that the change is consistent, it shall introduce an ordinance amending the Di :toot Map or district regulations, whichever is appronri.ate. The Council shail not modify a recommendation of the Planning Commission or. a district change until it has requested and considered a repo.-► of the Commission on the modification. Failure of Commission. to report within after receipt 00, the Council request shall forty-five emed concurrence. E -7- L New Application Following Denial. change in district boundaries az substantially the same change shall denial. Section 1.7 Folowing the denial of an application for a application or request for the same or net be filed withir_ one year 'of the dale of Change in District MaR. A change in district boundaries shall be indicated by listing on the district map the number of the ordinance amending the district map. K. Pre - District. 1. For the purpose of establishing district regulations to become effective only upon annexation, property outside the corporate boundaries of the City of Rancho Cucamonga, within the sphere of influence, may be classified withir one or more districts in the same manner and subject to the same procedural requirements as prescribed for property within the City. 2. Upon passage of an ordinance establishing the applicable pre - district designation for property outside the City, the district map shrill be revised to show the potential or "pre- disY•ict" classification tc become effective upon annexation, and shall identify each district or districts applicable to such property with the label or "PRE- DISTRICT" in addition to such other map designation as may be applicable. StOMA W ROidilW9 6dltfMfiW JV ylitot Rttitib" f Add>iaii>;Itaitltt Il Writit dd6di'f16tfi6fit bt tttitiOM 16 641 ttffl:td►ttil 40611 aid M 40MOod wt 61>w ttatdltt $I>lt11af6.dteW ¢Itai 0 >iftt 166,41vaid rswv daft 166 Moom tit at out P1>itttt ff dtlttWttd MO IM6 allaltdaitdtf te4ldtlidta4 616 moths+ 6t tbtdif &w >WlitaiNA Al Ait fiuht Of f1116 otitlrw `M, t6tail ttdatiA *AXIdi fitd tW 11116 OdAtij 16661d tof Affttf 06 fltditta; 6tt€ fz" it HA 0¢04afW todt Wfibtl Bl t 06diuyid66 11 U16 Pdaittitt coddd wdvi dolt 6tfidfflh it tuft* aftt ttufltdattf O►fmkv f6 of 6413114 MOW Of 00tistod Al ii OAM16 11taititt) 16 dtfttdiftt if oGbdifitAtf61i bt tt156 A06t dllkt tbt *Afhttladl no P1>itasitt Oodirft li6t dddt thou "t tVifilltditfif 6t ahbdift fist 1664dif361W of amtbtati to OAW tw 11116 4" do" 1661 tttaflt aldttw tfittfal 616 flit wto4tdit4 Ofkwlt4 13WttS€64 bt Maditw $111611 A dttiadt a111afP1 " 16AW oaf fftbitt# ti{ YdOK did 116 um 46t Of at foA6*hW daf7 CetfitfiW66 of 1116 ahi1614tl M04 JjoAt *M a{tt tttilti atitfiifitaitl tdttttt idioji:fj 616 a11itt6tltditt Ot6o f " >itd *M Git dtftir,hor l fo 11116 Oaue 11tai1f11(> et; of ikAuaittl 0) MUM 16 "Eholt IMM Iitt 666"6tt Of AOOMafail 16t 1111 fNlltattfl 60ma of 60tallot of Aft AW116tl at u douldita4fail 16 the O6ii16 MAIM, WON of "IfAtAl of d1af7tttiAut i Vdaddi I6 tt6t5ma t of idip wodittf.11 it I11t waatiiltl -8- 0 Section 1.7 IFS RdtiAl60 t6 zi $ttil6 ai fioo led dbAh33tlw Ate Add"aft t6 dtlatAtt fwtod lu*itu 16 ftttb "dlft Otd$e; au dtdwo 61i LHd Idl MOM" "A uo" 61 A0016#0 fis dimto.ie Ofil a Ads it ldioou L6 04 4AH6,W -db* O MOM49 twdiag 5t IsAaAh4 mg v Rd >alAl6fiA /Alf6difldAfw f lt6lid� Il ?IIAtft dhbdifidAgo" t6 "t dfitwkfttfw fto 0 Alit � Ap4 Liz fit* JW46Ye(itdihltAl ft"t A 0 19%f "Id 06 "IidiuoiA 6f si1;1 604 Wdowd 64 the A$Plidhi4 " fit6deua MisAft LY1d WA6 d$OHOl r "" tkyao OW 64 iEKt 6rd&a tAmltd *W U Lind Osatl3w "06111V 0" litwdloymod LKt6fat�H A ¢A6lid l�dAtifige titidrl List d'"ifidhtti6A AS'U AIAd tef'Vfo A plilft :lthitlfig[ ru oftmAl fmavitvA of tint gewit dMliltdhdfax AnAU tbt 14tAdd AA A i5hm f6e Artt di"W- dAfi6tw Section 1.7 RevisiMVModificdd= approved A. Miner Revisions os - m-Mg -i i4irative. Minn i ohs pe plans, or :0 ��t architectural Fite eP g�� Planner. Minor revisions and modifications pions may be a�:+oved by shall be defined as and shall tncLude the followfrgr 1. Floor plan dusng" which do not result in more than a ten (10) percent 2. Padcbg anti circulation conftguratians which do riot change the bast: porkM areas ar circulation concept (-rude as reloca: 219 whole porktrg areas from ante area of the site to another or by adding or deleting circulation areas that cad have potential impacts to adjacent ar surroe"wU properties); S. Outside bur7ditg cmfigurdteons which do not create a greater bulk, scale, or change in the line of sight; 4. Bt inn placements which do not change the general location and Layout of the site; S. Grudtrg allcrratkm which do not change the ba:s c concePt► increase slopes, or beuQdingr elevations, or change course of drainage which could adversely affect adjacent or surrounding properties; g, Landscape modifications which do not alter tine general concept or reduce the effect or amount originally intended; 7. Architectural chMVes which do not charge the lush farm and theme; 8. 3zt$rwr material or color drmeges which do not conflict with L" original architectural form and theme, and which are cor3si3ttent and compatu3le with the original materials and colors. -9- Sections 1.8 & 1.9 In addition to the above guidelines, the City Plamer must determine L`aat the csncumstances, standards, ordinances, conditions and findings applicable at the time of the original approval still remain valid. The City Pkuvier ••rcy re yr �, mirror revisions or modifications to the Design Review Committee for their recommendation Prior to his j`uml decision B. Major Revisions - Commission. Revisions or modification to site olar , gradinng or teetnurtal plans which are not considered minor as described in tht previous section, shall -he considered a major revision_ Also, any request for a chmVe in Conditions of approva: --hail be considered a major revision. Major revisions shall be Processed through the same approval procedure and authority which grffieted the original approval. The applicant requesting such revision shall be required to supply any necessary, plans, as deemed appropriate by the City Plareaer, and pay necessary fees to cover the review pnocedurp_ The decision of the apprmml authority shall be focal unless appealed 31 accordance with Section 1.8. Section 1.8 Appeals peals of any actions of the ?XJjit I* 9WA16N D6#0 40OWW RU #ikv6 06daMli946s fORCJ h' Planneror Planning Commission, as outlined below, may be made by an,itilkt'kSikd a97a'ieved party in the manner described below. While an appeal is pending, the establishment of a.-iy affected structure or use ;s to be held in abeyance. In hearing such an appeai, the appeal body (Planning Commission or City Council) may affirm, affirm in part, or reverse the previous determination which is the subject of appeal, provided that an appeal is not to be granted only when the relief sought should otherwise be granted through Variwice or amendment of this title or of the Land Use Element of the General Plan. A. Administrative Decision. Appeals based on Sdd►IlriI>fMAV#k #dfl56ki'f cif f* ec" anby the City Plainer may be filed by any aggrieved party with the Planning Commission. Except as otherwise provided in this title, such appeal is to be filed with the secretary of the Planning Commission in writing within ten (10) cQ18ndardays of the decisive action. The Planning Commission may consider the matter and may affirm or reverse wholly or partly, the action whic` ;s in question. 13. Planning Commission Decision. Appeal of a Planning Commission decision or interpretation of the provisions of this title including consistency with the Land Use Element of the General Plan may be made by filing a written notice of appeal with the City Cleric within J16dtJkknt fJQ ten (10) calendar days following the Planning Commission's decision. The City Council will consider the matter and may affirm or reverse wholly or partly, the action which is in question. Section 1.9 Amwoval to it" ErterdMith the Land or Applicant VA140 btlSkfWW $Mklfikd At Mi MA6 gt'6alikd( JA# 00JX ,4n%A%L(Any approval such as an approved site plan, grading plan, landscape plan or architectural plan., shall run with the land and shall continue to be valid upon a chance of ownership of the site or structure to which it applies.4[*llk# The Planning Commission may specify that approvals for Conditional Use Pernnis fynAg run with the applicant, owner and /or operator. 0 -10- Section 1.10 Lapse ^f A°2Mn and Extensions A. Lase of A rovals. AU a$pt6�td toitnfledltsM jApprovals for develop7rett review, co ttcotm use permits, varFmnces, and mtrtor devurttons shall lapse and become void 61ti5fbi t fIS) twenty -fora' (24) months from the approval date, unless a different expiration date is specifically established as a condition of approval and unless one of the following actions occur: 1. A building permit is issued in accordance with the approved entitlement and construction is commenced and diligently pursued toward completion; or, 2. A Certificate of occupancy is issued. F.*UYW6AG TE56 PI"90 06d►d`IW6A d"At Gt o' 6A W# VW616 rot An ¢VWUO"AU d Fottdw to tM um hi twotoiuo 0M Aooveou agiflu �ZowtG "d Ott tgatidii6" AU M4AHM dnitt " Widl IA 09W '*UV' thA Udt6ftit� drf '} 6 PUIWAt o6dldM6A lVot feo) dtiIA 16t16t f6 fAo oojtAfi6A dditG NO iWiAgU66 tMAIMU digit N U"01111 U fist PuAa At Udial"60i fiddi utu nib i s" 156EA A6 615AA96 .IA Ot W91 UA TUdI&W W#060di6Af C6d61 Of 0021¢10 Of IN AMA OUNA OWN 4156 SIf6 M J" 6du 00 *owd A.itdi€i6"Ut giutt,G 1614"tc 6t fWaw flit 00W AI 6t �66006AAY opt6lhu Of 0:6 6titfM; 6vS U6d►6fif AN digit toffli 6Wf lit 66AdIf W tied' 6A141611414 A0* 11416 4oukJ66 061,64 A6t t6 i0d" A Wdl of ma fib two �G fFGiAAdIA TO PUMAt Q6dldUN6A digit IMA4 6#tA€16A t fit6 f6TI6�k:At ii TKIE ddibt it 568644 frig 66Aft61 of flit rflsoiit"t a4 16 ot¢tiAwot olwiwli6 66Adi1:6A�G V TUM K" 46f 150itA A 011"0 FA Ili Wd V4$ FI6d►MW1)"i '6odlilif f"i4 6t 61iAtti00 of f1Rt AttA �{rifMA *VdA i W 4,116 " 16tAt" f " Vh5tud atautfiwi times 4At1At61 dit AAAtiti flit Af,¢t6td. 6t 661idifi6Ati lio0it*JU of flit alpiAI "OU4404Y G TW 8G lwuu t wat4 6f "Id *wiinol t 646 41Af ut fiA$Atl >bs f� $t6¢6flut 6f fdtoWi6dl6w dA tilt tiT6iAG V B. Extensions. An extension may be issued for lapse of approval for projects scn is the previous subsection. Approvals ongunlly gaoled by the City Planter may be ertoded by the City Planner. Approvals by the Planning Co. ....... ission *--y Canby be extended by the Plaratug Commission. Extensions may be granted in twelve (12) month increments and not to exceed�� of (4) years from the original nal date of approval. All requests for f led with the City Pbamter sixty (60) days prior to the expiration date. The City Plainer or Plumbing Commission may extend the Gproval of a project if they frrrd that there has been no signifbcant changes in the Lad Use Element, Development Cride, or character of the area within which the project is located, that would cause the approved project to become nwonsistent or noe'confor7rrb't4. Also, the granting of an extension should not be detrimental to the public health, safety, or vrelfae, or materially trtjvsCzw to properties or finprovernents in the vicinity. 904 WIF -11- 91"06A W X B"it o Lr;EhW 400061 6f A Bt UMAA P.IEEAAs rid' NO PIA1 WAt �I>biAl6ti iA f6 KE �fslifEd 6fro k}'Efi d ot6�6AEd tit alifi s 66Arort1s ; Ixl at ##OatEdil6w of Iris UU#J eA 06�6AEd 16AUAEAA E611 OMA *UK th" 1i41E IWA If daEdls AU of IriE f6116vi1tig "iidw60ti Ail U901 TM6 l6t6664E6 V46 Is A ktaVUid oqui s 4 M064dAtt4 6EEEAA6ft4 IErt.66f§fp df EneAdif1661 eii 14 1 S6 dhwef hi 011E16 IKE 00 IA 16 156 XISW6 4 Acid Is 1161 �fdhit3RlEd hi t6ri61E 6t 1A Off of Mo L"d WU ZIOM to AsSd +�0i'IEAi61E AEE1I6A 6f fm 1i11E1 Bl SfttiEltifEl TriE BtiUunt offiEldl K" EEtuu" 1AA1 fu A1t6EItvo "Af6fdiA f6 Ai1 9 fEa$tSitEdaEd�fA IKE Btii &At 0.60E tE4wt" 16t th-A tSf6oAEd t1AE1 �1 D16t 6fefotdJA i94E1 9 06 1W 6f Afisit6lAhi is Mid clat PIAi AH SriAT1 ts'tfif� o 090 sit ElfktAfi66 14M 1161 MOW hi Ali I[l1EliAiflEdli6tR of "t AA�EE161 d<6dit6td6tdyAdEE1 T'Jl PAfiEiei T904 It WNW 6ffHOoo -ill . jz d $Atitisig AfEi Idiogskidimu At tEdtiifEd 16t nA01E11 B 61 IKis =04 06t1d" ImAI 010 Vile P1AtS 0 it-At &Affil liol"IdtdAU 0 At4tli 064AMOM611# AA A¢EEIfiEd IA Mow 61 Section 111 Public Hear&Vs a-ad Notification A. GeneraL A public hearing shall be held prior to action by the Planning - C4w,Q1Usi0n &W or City Council in any of the following oases. These public hearings are conducted in order to encourage public participation and discussion. 1. Any change in the text of this title and /or General Plan. 2. Any fEt1AAAifiEs1i61[ 61 &600t1$ pf6fi 6t1E dE¢E16�diE111 dlAffiE1 16 At46friEt Atfd change in the District Map. 3. As specifically required by state D =w (i.e., tentative tract and parcel map, conditional use perm ?ts, variances). 4. As determined necessary or desirable by the Commission and/or Council upon the adoption of a resolution setting the time and glace for a public hearing. B. Authority to Notice Hearings. The City Planner is hereby authorized to advertise and to notice a public hearing as provided in this part for the Planning Commission and the City Clerk for the Council when required by this title or when such heaving is consiaered desirable or necessary in order to carry out the purpose of this title. C. Notice of Filing. At such time as an application for a project which requires a public hearing before the Piapning Commission is deemed complete for processing, the City Planner shall cause notices to be posted conspicuously on the project site not more than 300 feet apart ainng project perimeter fronting on improv-d public streets. Each notice shall contain a general description of the project and a copy of any p-oposed subdivision map or site plan. Such notices shall have the following title in lettering not less than one (1) inch in height: "NOTICE OF FILING ". 2- Section 1.11 D. Notice of Hnaring. At leesL ten (10) days before the public hearing of a project requiring a public hearing b¢16M W PTldid At C6didutt4ft, the City Planner shall cause notice of the time and place of the public he aring on the project to be piss:• in the following manner: 1. By publication once in The Daily Report, a newspaper of general circulation within the City cf Rancho Cucamonga. 2. By mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within 3n0 feet cf the property which is the subject of the project. 3. By posting notices conspicuously on the project site not more than 300 feet apart along project perimeter fronting on improved public streets. Er_ch posted notice shall contain a general description of the project and a copy of any proposed subdivision map or site plan. Said posted notices shall have the following title and lettering not less than one (1) inch in height: "PLANNING COMMISSION HEARING ". E. Other Notice Reg *.rirements. Notices required by this secion shall be in addition to any other or different notice required by other provisions of this code or by state law, provided, however, that nothing therein shall require separate notices to be given if the same notice will satisfy the requirements of this section and any other applicable sectimi of this code or state law. F. E °fect of Failure to Give Notice. No action, inaction or recommendation regarding any project by the Commission shall be held void or invalid or be set aside by any Court by reason of any error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the Court after an examination of the entire case shall be of the opinion, that the error or omission complained of was prejudicial, and that by reason of such error or omssion the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if °uch error or omission had not occurred or existed. 'There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown. G. Contents of Notices. Any such notice, whether published, mailed, or posted, shall contain the folkowing information: 1. Date and time of heari:ig; 2. Address and place of the hearing; 3. A general explanation of the matter to be considered; 4. A general description of the property involved; 5. 4. statement that any interested person is 10 9" to appear and either endorse or object to the application in question; 6. A statement as to whom P1 appeal may be taken and the time limit established for such appeal, if any; i. A statement that anyone so requesting shall be notified of the action on the application in question; and 8. A statement as to where ar= individual may review proposed plans and related filed. -13- Section 1.11 H. Continuance of Xea nnes. Any public hearing may be continues' from time to time by the body or official conducting, the hearing, subject to limitations provided by law, and in such case no further notice :need be given. 3600" wx Cobb Babf6ttbrti66f Al Gtfithu 'al 7%6 Odtd6 61 fib` $6daim u o � w-1 mif pond t6K6¢frip Am int<_ftdtt bl OidY+lidYc * 6A 64ditibl6 066AIVA lbf im aibaiaKIW of todb fX6XW6Ag fiJotiAg d-ib $to¢ta 6f X6W i)i A61MAIt 6f 66ffOVfi$ 3:6XJW6Af dfid Aaadtb# of AWU 6"41 TK6 f,69610W $f6d"WO It twotd z6 AA4;4 m oil pf6tttt go 0,41su ?StdWVX €t -fbttl "Zfif ft field g6d6ta4X *Alfalfa VW f�ddifi sl �t xt�Aa.�lritt fait Xt " tht Ott 6t the o. ttllfJa viooffiw ado bat its offlotA twt;# d tl It-b *IM at bdf6t iGurit 61 thu 0; eo ddd t4X16r Its Jwtf isow fbi TKt 06didiMUI Oodt xb¢t6a6dtatl #6; v6K6&6 �tid a4tl d+�.tt6 is f6 66t6f66 Q 06 O-IIO aE 6" Of OU t"& 81 witr�in CHW6Ai TK6 06dfdlmat c6d6 R6¢tb #bae Wi6 "d 611411 Awf a�>; �i�T¢+ft 000du f"NAWAI tAlf MA46 A Wdf M afROISA t6 dell Ot"A t16ldtift"toot "A d�bia 6t 69ita4ifiiaSg t6lddtaSfl tod►�'XtiAbb OtIa 16 W IA*ria4Ats of * T,:t6tlbrsl 9l CXti H&V TKt Oftdj- j q l Cbdb Rt¢fbUMAIVb 6f OMO €tdff " dtfigAlittd WFW0605W WOW -W + gi1 w4i 6 P.ifw6A t6 Ot $odd list t16UU6ai Of AAt of MO OI6)dU160 61 MIJA "dil A Oi W15A tAA"X:i AIW list Who Ali, MUA6U16A 6f d AWidiw W 16f1wt1 Sl Yf6Iaiti6w AAl ¢baba[ i16Uafig JW of Olt ¢fotwoid 6' t#.i1XA$ t6 6ftJ6Il Mr Y► A it 6l w dla4a[W03" ftfjAWZfi dt6 Of M "M elf 06 isidbl aSt66 61 at kf#z 6f Alit tbdt d056611td bt MU MAO bt 6fdidddt6 of M# IMN 04Z tsi tow of 6 o1i #6Xalt16d Id luo tal :Alffito" bl 6toii "Wi 61 gtd f6t 'MXd6dig"601 utbpf id tf YbKttb ai diffbfedt $dAitKfibdf i>E bd ml or 'aidt6 if tKb tiijX atdl $bffbd t6dtittbd of d wfrd'hun#A sbf 16f ti6Xa uoi bf fai. 1666 6f 6d 6fdlnaAt6 6t fKb bify6 6t +4A1 6646 ddo¢tbd bl ibfbfbiitt 16$ ofdXiSM" 6f at tlttl m ¢aiAriA kwi Of 4 f SO 6t Of diofb lia 16 63E6'tt aria ZhOAM4 of bt Ma $40 lidb aidd in5�iid6AditAtl 71 pit"Uf fist X ilittiodl AAt OWA "lititfbd 6f aId IdffSSiod fO 061 U95A 6f 6t6le�laSt o �e 5`1111 of AAt tbdb +idW64 tit fbfbftlitb 1st 6tdiddait6 61 041 bitty( If pri"9 wi 01.1 W A PA6 A61 6kt� toll d�� 550) tot d draft y7ioiaSt36fii A" -14- It 111&0 iof bteeedidg ode h"Nod "1104 U100Y fof a aeeodd tiolaf 6A 0 Od aadut otdidadee of eodi W1W ode 001 444 - addifla dal IffOU 166 151 Mo iaiAt bfWAAAi a r'bd ti yv' '4�¢ t¢#f; Lgtgu m.Ig fo citmi ddt dt ti4,U061V F.� O �ifY[ NfSbd t3SdII ds �fP of d gbh 03iO 5 MO fbf blbn OR wit fti ddfidg ddt $dMS6 or Ovibh flit tiolatlod of a% MUM "o ft ufil d eodfitide4i of pdtii wlid to tints mt area "0 00 014 id d he "is he NWMA a aeeofddd ON ¢if ¢dii'OAdAu fbf M "*tf df todf f60U id e1*5 Aiduftl Id ddt A-MI d h Cotnr� Wr ro fre edit f D.ut i �; fb bhadi�i a tiouvod of Lva eodb of adt Ototdtdod of adt otdmwii of fhe eifitl of "t Bode adoofed 16.4 #fefedee ht 611WdodM 40 fhe editl fhe edit aAU O'k tfawd to fo"*O itod4 046 dffeddadafai IA iAt itia aefdoA tt06d"14 affomotla feet add a 044 Of "M Section 1.i2 Noise -Abatement purpase. Ln order to control unnecessary, excess ie and annoying vibration in the City, it is hereby decla:?d to be the policy of the City such noise generated from or by all sources as specified in this Section. Decibel Measure?na �t Criteria. Any decibel measurement made pursuant provisions of this Section. shall be based on a reference soared pre�ure micro- pascals as measured with a soimd level mete; using the "A" we network (scale) at slow response. Designated Noise Zones. the fallowing noise zones: All single and multiple family residential Madded dbt�o��edfaieo��fiMf+ifies ddd �fbt5af:i�l All commercial properties- 0 iddttaftdal 060,600"" Exterior Noise Standards p snail be tolawful for any person at any location within fhe 16600W" atEa of the city to create any noise or allow the creation of any noise on the property owned, leased, oecup ed, or otherwise cor_trolled by such person, wh ch causes the noise level when measured on the property line of any other property to exceed the basic noise levc- vs adjusted below: Basic Noise Level for minutes in any one hoar, Basic Noise Level plus 5 than 10 minutes in any one Section 1.12 Basic (O se Level. plus 1$ dB <i for a cumulative period of not more 40 (c) than 5 minutes in any one hour; or (d) Basic Noise level plus 15 dBA at any 2. If the measurement location is s boundary between two different as i e zones, the lower noise bevel standard filS@iikk Tb flak �'�j jbnk shall P - cannot reasonably be source is continuous and the ambient noise level 3. If the intrudir$ noise trial whereby noise it in discontinued or stopped measuredd noise level obtained while the can be determine wed directly to the allowsblt noise level ' operation shalt measurement's location d a lied lend of as sP°c f - �pective to the noise source the noise level is measured, intruding and for the time of day the noise generation by of establ�shu�g L`�e temporarily disc"ntinuing planner for the purpose . shall be determined by the City Went location. existing ambient noise level at the mess art 1nTkfld�t D�d1>;k STdfddt NAU0 Wil two �kkk TKk gik �s5itk a d6l+:ihktkf :� Wgy1ktl Tdtk ItJ ktld�t A�IS1ktii1. 1�ditk fi �t Title A�'•11ikdT -0 UfWktkfibf D�b1kk 1,5r- Z46160 Tip _A Ikikifbl kp A k let d TO 9 l b 7t00 ,CDR kg tsk 1 Y. $1QlkiiT Ax ?��� pgq to 16100'" ley, df tik fiow 111filu tww" #ldbfk YuUi Idle tkddkkg lb� S dBA lot WAUt kf :k i6m ,460 U .• exemated from the provisions E. SriProvisions. The following activities shale of this Part. activities conducted on public par Public or school approved �� including but not limited to 1, qty ,aiiVr or private school gro- the hour of 7AM and playgrounds and p went events between athletic and school entertain 1GF?d. and sporting and 2, occasional outdoor gatherings, dances, conducted P= t° the entertainment events provided said even Per issued by the City. 010f approval of a ,1 T Ten t' to Trik ment used, related to or ..al device, apparatus or e� work or warning alarm or bell S. gny mechanic machinery, vehicle, motor vehicle connected with a a1rPeof any b� or alarm on r:n9 - building Or hour of its `ing provided the soon �, ration within 30 mimstes m any s'iall terminate its opt activated. -16- LIA. I J 11 Section 1.12 4. Noise sources associated with or vibration created by construction, repair, remodeling or grading of any real property, or during authorized seismic surveys, provided said activities do no tfii:e place bet_ -cer, tl s hours of Q p.m. and $ 6.30 a.m. on weekdays including Saturday, or at any time on Sunday or a national holiday, and provided noise levels created do not exceed the noise standard of 65 dBA plus the limits specified in Section 1.12 -D.i. 5. All rfi"t Vj6jj devices, apparatus or equipment associated with agricultural operations provided: (a) Operations do not take place between 8 p.m. and 7 a.m. on weekdays, ir.^_luding Saturday or at any time on Sunday or a national holiday, or (b) Such operations and eq dpme tp utilized for protection •x salvage of agricultural crops periods of potential or actual frost damage or other adverse weather conditions, or (c) Such .operations and equipment are associated with agricultural pest control through pasticide application provided the application is made in accordance with permits issued by or regulations enforced by the California Department of Agriculture. 6. Noise sources associated with the maintenance of real property provided said activities take place between the hours of 8 a.m. and 8 p.m. on any day except Stwday, or between the hours of 9 a.m. and 8 p.m. on Sunday. 7. Any activity to the extant regulation thereof has been preempted by State or Federal law. F. Schools Churches Libraries Health Care i- stitutiors,Snecial Provisions. It shall 11 1 be unlaw al or any person to create any noise w2uch causes the noise level at any seltool, hospital or similar health care institution, church, or library while the same is in use, to exceed the noise standards specified in this Section and prescribed for the assigned noise zone in which the school, hospital, church or librsr; is located. G. Administration. M6 ohii0 $ (dE1 dt t ¢i z $t�ii>d l8 iijdi�id$6IIlt � tE l Any act creating or permitting the creation of a noise disturbance as defined by this Code, not otherwise excluded by the preceding section of this Code, shall constitute a violation of this Code and shai. be abated as such. H. prima Facie Violation. Any noise exceeding the noise level standards for a e9gnate noL zone as specified in this Section shall be deemed to be prima facie evidence of a violation of the provisions of this Section. -17- Section 1.13 Non - Conforming gses ti' Structures p,, pus ,e. This section i.° intended to limit the number and extent of non- Zinforming uses by regulating their ecLargem.'erg ' the; reel alMishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. In addition, this section is intended to limit the number and extent of non- ^onf or_ ing structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Code. B. Continuation and Maintenance 1. A use lawfully occupying a structure or a site, that does not conform with the use regulations or the site area regulations for the district in which the use is located shall be deemed to be a non - conforming use and may be continued, except as otherwise limited in this Section. 2. A structure, lawfully occupying a site, that does not conform with the standards for front_ yard, side yards, rear yard, height, coverage, distances between structures, and parkin„ facilities for the district in which the structure is located, shall be deemed to be a non-conforming structure and may be used and maintained, except as limited provided in this Section. 3. Routine maintenance and repairs may be performed an a non - conforming use or structure. C. Alterations and additions to Non-ConfOrmiES. Uses and Structures Zl so tiofd,6oaofW)* "'i 6f Aff #11vas tiiw 15T ;3hotifu ad7(f01W of 'Alft " a3ialrss tkw d 14 Uw6 of 01W Zf *jU fa Zf ifi flit eizi>>SZ�ialfz¢ai a5f fKat �I¢ {¢d><sidfd fit ¢4E16jof a Adlzff. hi Diu SISOJ a/d 1. No non - conforming use shall be enlarg ed or extended in such a way as to site which oc^_upv any part of the structure or site or any other structure nor in such a it did not occupy at the time it became a nonconforming use, way as to displace any conforming use occupying a structure or site, except as Zid•.ffa6d permitted in this Section. 2. No non-conforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, distances between structures and parking facilities as prescribed L-i the regulations which district in f YAI d, U dldf a a $� IbU00 td fi16* 16"0611 o " M Z "Af0 to Ilia' tuAdOOV AV #a id $ate AIM W49 Half taihu 90& of alfftfw"4 a7iff d dt IM dWY14 %Zn wi IaHi f Wmt ai to q i%M >f zoa U6,U Htfz�ial Ili fna5 D. Discontinuation of Non- C,anform se• Whenever - %contbalsdd for a been as a:ara9 of changed to a conforming use use shall not be continuous period of 180 days or more, the non - conforming reestablished, and the use of the structure or site thereafter shall be in conformsly with the regulations for the district in which it is located, i that this section shall not apply to non - conforming dwelling units. Disc°nUnuation shall include termination of a use regardless of intent to resume the use. -IS- E Restoration of a 1Damaged Structure. 1. Whenever a structure which does not comply with the standards for front yard, side yards, rear yard, height of structures, distances between structures and parking facilies as prescribed in tine regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the non- conforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50 percent or •_he structure is voluntarily razed ar is rewired by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located and the non - conforming use shall not be resumed. 2. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. 'Estimates for this urposeshall be made by or shall be reviewed and approved by the Building Official � be based on the minimum cost of construction in compliance with the Building Code. irl Vad"Atl6ai 6f Dt6dfPOMO (d�6A Add SttddtAHU X60"Ivbfdcw 00 AM 6tetf d � flt6i�{ tUH" t6 b6d 004 6f AIt6f6d AS 000AW t6 d4tto"6 too 44046 Of OMW 00 6¢6616641 tio6 A110 iNt 000Ui6 fi6d�it6fdii�l Vioti TYifi XP6fi6d tt11 hi MI OW16t t6d16tA161 A ti606606fdit W fW do" Mf 6664y A Wrl006 6f - 6 ddb 66otffb$ A Sttu006 iiA*W 0 Amwod IWAA06A 61 14" a" SSON Olo pia is AO A WWU64 OM 61 A o"ditiOW ►iA61 Iii A O6d1;h6it`i j MW IOW a S X 6618 06 OU U 66f A WdIluod ddb 6i A 6641 MOAA1" f4U N A rAftaf lu Oliff ou A d X6Afi dt6 a" 0 46t A $6fdIM" Am 0 A 66MMSd4U "IV -19- Section 1.13 Al U ftd100s.L fbl RE0061 dt AIfdtdMA Of E 3 YEh4fd ddhf#bdfbtoLutig df.+hlditifd Y+dMt Ede AMOOM th4lWMA Of IOU a" SSON fb7 RErlhbW dt =0411115A df d h6*1 015twAt 3090df6 ftil ft df4 6060" ihtiddfibd df d1W 00 U001 f1i Ttts# IX 3 Y wgw IB XdE M T110 M BIO IS Xdh 13) T*O I at A aldtd ES ICdhit$ ' Alf tdfdfdtidd a 16h mft foil$ ddfihidd hi 06 U10f ji"Of" ddif A bf IM YlAUIWdi Bt U"t O"Al Ql Vdii rirkdd ft6 hthSd/dt $ttAd &'6 16dEdGh" DQ�hi{�dh O r iW}idAHO E 06 f di ,c$E Of 01WI41 NoAdiea d* E d1ft,6 df tE$h6ldfl151W fdf ad dBffidf Iii OVO If a MW 64 MIA $dtldd of vd A ¢t#dtlw !hi AW AWIVd fist mi EllWAW61k of fi'td A" bt f" tddLOAX i.f W Almdfdfdl s' wo " "4 4AW Ito,* ad Eff"Vo dui dt W d? Akiii df dt tota f fs" lu Dldf/EE df Elitfultuiffdth Mid fdf xtt4V;dMdf# RdE h(tid/dt SftddfhitE6 RNd 4Jf7i -fUMO Of I/afEd (I}r,1 $EEfldA MOT fElldhhiMWE df Ztd#xdAmfZ/dg V h mlot Sftrldf>>aw hind t/ LIAR lih6d1091 Ai6JVIJ flid d`k W 15t ddAW704 MAU df 06 40613# *X/O MIAMt(M With Did 16AM Ot WO hlkfldht ¢ # "t IIto 01" dEE to"i d tY�II �fddddd F Plamw. Any mpmmt for r I I. eVwzm Or restoratwr of detemarw compliarme with the ,IL I Y u1 • 1 a /I 111 / affrounevV property 1 of • 1 deeftiou 77m d9ebion of. the City plwmr may be appeuled J any • 1r1. LI G. PlT2" Commissior, Review. The Pla nhV Commission shall conduct a Public new vg Phummm to �ecusa -T18. ITee Piwverg Commistian *all review each case and all matters of fact. lice Commission may gnmt the request, gnmt the request u#h modij`ioatiay or deny the request. The Commission shall state that the request will or will not be detrimental to the goals and objectives of the General Plan and that stcih request wM or will not be detruaental to the MWC health, safety, or welfare, or materially injurious to poperdes or improvements ire the vic - -20- Section 1.14 Definitions A. Purposes 1. The purpose of th s chapter is to promote consistency and precision in the application and interpretation of these Development Re-.ulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout this Code, except where the context and usage of such words or phrases clearly indicates a different meaning or construction intended in that particular case. B. GeneralInteroretation 1. The word "shall" is mandatory and not discretionary. The word "may" is permissive and discretionary. 2. in case of any difference of meaning or implication between the text of any provision and any caption or illustration, the teat shall control. 3. References in the masculine and feminine genders are interchangeable. 4. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words vi the singular and plural or interchangeable. 5. Unless the context clearly indicates to the contrary, the following ® conjunctions shall be interpreted as follows: (a) "_4nd" indicates treat all connected items or provisions shall apply. (b) "Or" indicates that the connected items or provisicns : ray apply singly or in any combination. (c) "Either «.or" indicates that the connected items or provisions shall apply singly but not in combination. 6. The word "used" shall include arranged, designed. con.tructed, altered, converted, rented, leased, occupied, or intended to be utilized. C. Definitions A ABUTTING: Having lot lines or zone boundaries in common. ADDITION: Any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross flour area. AGENT: Any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner. AGRICULTURE: The use of land for farming, dairying, pasteurizing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and including accessory activities but not limited to storage, harvesting, feeding, o: maintenance of equipment, excluding stockyards, slaughtering or commercial food processing. -21- Section 1.14 ALLEY: A public thoroughfare, not exceeding thirty (30) feet in width for the use of pedestrians and /or vehicles, producing only a secondary means of access to the abutting property. arregLmeril ALTERATION: Any opg members of a building gor structure, o. change in the of rooms or the supporting 0 appearance of any building or structure. AMUSEMENT DEVISE: Any electronic or mechanical machine which provides amusement, or entertainment, which may be operated or played upon the placing or depositing therein of any Lein, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use. This definition shall not include iuke boxes, telephone devices, or machines that sell merchandise. ANIMAL• (a) EXOTIC OR WILD ANIMAL: An animal known to be predatory, poisonous, including but not limited to a lion, tiger, monkey, bear, wolf, fox, poisonous snake, or other similar animal. (b) FOWL OR RODENT: Any chicken, hen, turkey, duck, goose, game bird, rabbit, chinchilla, or other animal similar in size, weight, or appearance. (c) HOUSEHOLD PET: Any animal customarily permittedand kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, such as a dog, cat, parakeet, tropical fish, hampster, or similar domestic. is (d) LARGE ANIMAL: Any equine or bovine animal, or other animal similar in size, weight, or appearance, including but not limited to a horse, pony, . donkey, cow, or ox. (e) SMALL ANIMAL: Any animal other than a large animal, specialty animal, or fowl or rodent, including out not limited to a goat, lamb, or pig. (f) SPECIALTY ANIMAL: Any bee, worm, frog, fish, or other animal similar in size, weight, or appearance. ANIMAL CARE FACILITY: A use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short -term boarding ancillary to veterinary care, indoor or outdoor kennels grooming and similar services. ANTENNA: Any system of wires, poles, rods, towers, whips, reflecting discs, or similar d vices used for transmission or reception of fddlO i6f 1tETEtM66 electromagnetic signals. APPROVAL: "Approval" means the issuance or commitment of issuance by a ptT- ublic agency of each lease, permit, license, certificate, or other entitlement for for which an application was accepted as complete. The exact date of approval of any development project is determined by each public Feeney according to its rules, regulations, and ordinances, consistent with this Code. -22- U Section 1.144 "ARTAfIF= ftt 0 OOM tb 4U Ili d diafjojo owaulu irll ooia fat A mafdm,616l APARTMENT COMMUNITY: Means community apartment as defined in Section 11004 of the Business ana Professions Code, ^_bntaining two or more rights of exclusive occupancy. APPLICANT: "Applicant" mearts a person who requests in writing the approval of a lease, permit, licerse, certificate, or other entitlement for use from one or more public agencies. APPLICATION: "Application" means the form and information submitted by an applicant. The form and information is to be' used to determine whether to approve or deny permits or other entitlement for use. ARCAD': Any establishment containing four (4) or more amusement devices. This definition shall not apply -to recreational premises such as bowling alleys or skating rinks, where an arcade is part of the primary use. AREA, GROSS: The entire area within the boundaries of a project site, building or lot, measured to the centerline of adjoining street rights of way. B BASEMENT: A portion of building partly or wholly underground and having more than one -half of its height below the average level of the adjoining ground. BL tb "fzhilm 0 MA 4440" 104 alt 4"dg6d fdf t¢,rFiddeil al ¢bdiuboofl is hiw dt d►tif Ahidit4thw MW 06 "Wdfrbd 0 ffdt$l BLOCK: The area of land bounded by streets, highways or railrcad right -of -ways, except alleys. BUILDING: Any structure bu It for the support, shelter or enclosure of persons, animals, Fowls, chattels or persemal property of any ?rind. BUILDING HEIGHT: The vertical distance, excluding foundations or understructures, between the average finished ground surface adjacent to the structure and to the highest point of the structure, excluding architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevator and similar mechanical equipment. BUILDING, HISTORIC: A building listed individually on the National Register of historic Places, or by a state or county agency charged with recognition or preservation of historic structures, or by resolution of the CFty Council as having significant local or regional historical importance and value to the community. BUILDING OFFICIAL: The head of the Building and Safety Division of the City of Rancho Cucamonga and shall include his deputies. BUILDING (PUBLIC): A nonprofit or quasi -public use or institution such as a church, library, f;:w'Sc, or private school, hospital, or municipally owned or operated building, structure or land used for public purpose. -23- Section 1.14 BUILDING SITE: A lot, or contiguous lots of lend in single, multiple, or joint ownership exclusive of all rights -of -way and all easements, except open space easements, that prohibit the surface use of the property by its owner), which provides the area and open spaces required by this ordinance for construction of a building or buildings, and which abuts a public or private street or alley, or easement determined by the City Planner to be adequate for the purpose of access. C CARETAKER'S RESIDENCE: A dwelling unit accessory to a principal use on a site and intended o�upancy on the same site, as a caretaker, security guard, servant, or similar position generally requiring residence on the site. CARPORT: A permanent roofed structure with no more than three (3) enclosed sides used or intended to be used for automobile shelter and storage. CEMETERY: Land used or intended to be used for the :wrial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. CENTERLINE: The centerline of a street as referred to in this Code shall mean the right -of -way centerline as established by the County Engineer of the County, by the City Engineer of any city within the county, by the State Division of Highways of the State of California, or if no such centerline has been established and in any case in which foregoing definition is not applicable, the Planning Commission shall designate the centerline. CHURCH: A use located in a permanent by iadmo and providing regular or organized religious worship and religiot-. education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to the Constitution of the State of California and of the Revenue of Taxation Code of the State of California, shall constitute prima facie evidence that such use is a church as defined herein. CITY: The City of Rancho Cucamonga. CLUB: A non -profit association of persons, whether incorporated or unincorporated, organized to pursue common goals, interest or activities, but not including a group organized solely or primarily to render a service customarily carried on as as business. dU6 fCjft6i's.aWt t6fdf 6d f6 JJ 16MO CLUSTER DEVELOPMENT: A form of development for single - family and multiple family residential subdivisions- that permits a reduction in lot area, provided there is no increase in the number of lots permitted under a conventional subdivisio and the resultant land area is devoted to open space. COMMISSION: The Planning Commission of the City of Rancho Cucamonga. CONDOMINIUMS: Means condominiums as defined in Section 3350 of the Civil Code: An estate of real property consisting of an undivided interest in common areas, together with a separate right of ownership in space. 11 -24- Section 1.14 CONVALESCENT FACILITY: A use providing bed care and in- patient services for prsoos requiring regular medical attention, and persons aged or infirm unable to care for themselves, excluding surgical or emergency medical services. CONVERSION: The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings thereon. CORPORATION YARD: See "Equipment Yard". COTTAGE, ELDER: A second dwelling unit constructed senara.te, or attached to, a primary residence, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are 60 years of age or over, and a me -durum floor area of 640 square feet. COUNCIL: The City Council of Rancho Cucamonga. COUNTY: The County of San Bernardino. COURT: An open, unoccupied space, other than a yard, unobstructed from ground to sky on the same lot with a building or buildings and which is bounded on two oz more sides by the walls of a building. D DAIRY: Any premises where milk is produced for sale or distribution and where three or more cows or goats are in lactation. ® DAY CARE FACILITY: private establishment for day time care of children between 2 and 5 years of age and where tuition, fees, or other forms of compensation for the care of the 111ildren is charger:, including nursery schools, pre - schools ar_d similar acilities. DECIBEL: Or "dW means a unit of sound pressure level. DEDICATION OFFERED: "Offered dedication" shall mean thai portion of :and which is irrevocably offered to Lhe City for future Public rights -of -way which has no prospective future date for; construction to City standards; and /or notice of completion. DESIGN: "Design" means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grade.. thereof; (3) location and size of all required easements and rights —if -way; (4) fire roads and fire breaks; (5) lot size and configuration; (6) traffic -.cress; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) such other specific requirements in the plan and configuration of the entire project as may be necessary or convenient to insure conformity to or implementation of the General Plan or any adopted specific plan. DENSITY: The total number of dwelling units in gross area of the project site. The dwelling unit the applicable land use classification shall apply shall not be literal to any division thereof. -25- a rwoject site, divided by the density range permitted under to the overall project site and Se ^tion 1.14 DEVELOPMENT: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any stricture; any mining, excavation, landfill or land d"msturba_rjee, and a. y use or extension of the use of land. DEVELOPMENT, COM'ENTIONAL: A single family or multiple family resin Jentiai development other than a plammed/cluster development. DEVELOPi1aENT MI;LTI- FAMILY RESIDENTIAL: A development where the number or dwelii:g units on one residential lot of record is three or :core. Multi - family dwellings, such as condominiums, rental apertments. and community or cooperative ownership apartments. unvtl.UYMbNT, 51INGLE FAMILY RESIDENTIAL: A development where each dwelling unit ms situated on a lot contairg no more than one or two dwelling units. Single family development is deemed to include duplexes (two dwelling units on one residential lot). Single family development may be attached (as in a traditional subdivision or zero lot line development) or attached (as in a duplex divided into two different lots, or a townhome). Single family 'tomes may be arranged as either conventional developments or cluster developments; in either case, there may be some .areas of the subdivision held in common by all residents. DIRECTOR: The Director of community Development of the City of Rancho Cucamonga. DISTRIBUTION: A use engaged primarily in distribution of manufactured products, supplies, and equipment, including incidential storage and sales activities, but excluding bulk storage of materials which are flammable or explosive. DISTRICT. BASE: A specifically delineated district in the City within which regulations and requirements uniformly govern the us, placement, spacing and size of land and buildings. Not more than one base district designation shall apply to the same portion of a lot. DRIVEWAY: A permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area. DWELLING: A structure or portion there of which is used for human habitation. DWELLkNr,. ATTACHED: A one - family dwelling attached to two or more one - family dwellings by common vertical walls. DWELLING, DETACHED: A dwelling which is not attached to any other dwellings by any mrceans. DWELLING Ml'TLTIPLE F AMIJ Y: A building designed and used as a residence for three 3 or more families living independently of each other. DWELLING SINGLE FAMILY: A building designed and /or used to house not more than one amily including all domestic employees of such family. DWELLING UNIT: One or more rooms and a single kitchen, designed for occupancy by one family or household for living, sleeping, and eating purposes. -26- Section 1.14 E EASEMENT: A grant of one or more of the property rights by the property owner to and /or for the use by the public, a corporatior. or another Person or entity. EAVE: The projecting lower edges of a roof overhanging the wall of a building. ENCLOSED: A covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, for a space of not less than 100 square feet fully surrounded by a building or wails exceeding 8 feet in height. EDUCATION FACILITY PRIVATE: A privately _.aned school, 'including schools owned and operated by religious organizations, offering instruction in the serveral branches of learning and study required to he taught in the public schools by the Education Code of the State of California. EDUCATION FACILITY, PUBLIC: A public school, operated by a public school district and offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. ELEVATION: (a) A vertical distance above or below a fixed reference level (b) A flat scale drawing of the front. rear, or side of a building. ENERGY SYSTEM ALTERNATIVE: Application of any technology, the so conservation of energy, or the use of solar, t:iomass, wind, geothermal, hydroelectricity unde 25 megawatts, or any other source of energy, the efficient usa of wh.ch will reduce the use of foss°j and nuclear fuels. ENGINEER, CITY: The City Engineer of the City of Rancho Cucam ,l and shall include his deputies. ENVIRONMENTA:. IMPACT REPORT (EIR): A detailed statement setting forth the environmental effects snd considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act, and may mean either a draft or a final EIR. EQUIPMENT RENTAL YARD OR CONTRACTOd YARD: A use providing for n :!unterna -ice, servicing, or storage of motor vehicles, equipment, or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials require i:E connection with a business activity, public utility service, transporation service, or similar activity. The term "contractor yard" shall include a construction materials yard, vehicular service center, or similar use. g FACADE: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. FAMILY: One or more individuals occupying a dwelling unit and living as a single threshold unit. FENCE: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. -27- .ac�:uvu i.i FiNANCT_AL SERVICE: A use providing financial serv'.ces to individuals, fire , or other entities. The term "=financial service" includes toarks, savings loan i institutions, loan and lending activities and similar* services. FLOOR AREA, GROSS: The sum of the gross horizontal areas of Average -floors of a building measured from the exterior face of exterior walls, or from the centerline of a wail' separating two buildings, but not including interior parking space loading space for motor vehicles, or any space where the floor- to -ceiling height is less than six feet. FLOOR AREA. NET: The total of all floor areas of a building, excluding stair wells and elevator shafts, equipment rooms, interior vehicular paricing or loading; and all Floors bf low the first or ground `iosr, except when used or intended to be used for human iabitatior or service to the public. FRONTAGE: The side of a lot abutting a street, the front lot line, except the side of a corner lot. G GARAGE, PRIVATE: An accessory building or an accessory portion of the main building designed andlor used for the shelter or storage of vehicles of the occupants of the main building. GARAGE, PUBLIC: A building, or portion thereof, other than a private customer and employee garage tr private residential garage, used primarily for the packing and storage of vehicles and available to the general public. C-XRBAGE: Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and servir,m of foods. GLARE: The effect produced by brightness sufficient to cause annoyance, discomfort, or lass it visual performance and visibility. GRADE: (a) The lowest horizontal elevtion of the finished surface of the ground, paving, or sidewlak at a point where height is t be meastired. (b) The degree of rise or descent of a sloping surface. GRADE, FINMHED: ; he final elevation of the ground surface after development. GRADE, NATURAL: The elevation of the ground surface in its natural state, before man -made alterations. GRADING: Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filfied condition. GRADING, CONTOUR: A gradng concept designed to result in earthforms and contours which resemble natural terrain characteristics, with generally curving, non - linear slope blanks having variations in the slope ratios of the horizontal and vertical curves. E -28- 7eCIWil 2.1,2 GREENBELT: An open area which :nay be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area. GROUP CAFE FACILITY: A facility which provides resident services for persons handicapped or disabled, undergoing rehabilitation, or otherwise in need of care and supervision, subject to licensing by the approo fate governmental agency. The term includes group homes, hallway houses, and foster homes. GUEST HOUSE: An accessory building containing a lodging unit without kitchen scilities, —and used to house occasional visitors or noes- paying guests of the occupants of a dwelling unit on the same site. GUEST ROOM: A room which is designed and /or used by one or more guests for sleeping purposes, but in which no provisions are made for cooking. H HEIGHT: the vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest r.4int of the structure (See Building Height). HERTZ: A unit of measurement .,.* frequency, numerically equal to cycles per secona. HOME 1MPROVEMENT CENTER: A retail service engaged in providing retail sale. rental, service, or related repair and installation of home improvement procucts, including building materials, paint and wallpaper, carpeting and floor ® covering, decorating, heating, air conditioning, electrical, plumbing, and meehanical equipment, roofing supplies, yard and garden supplies, home appliances and similar home improvement products. HOUSE OCCUPATION: An accessory occupational use conducted by a resident of a dwelling as a sedondary use thereof, which is conducted entirely within a dwelling by the inhabitant- thereof, which use is clearly incidental to the use of the structure for dwelling purposes and which does not change the character thereof, and for which there is no disIpiay, no stock -in- trade, no commodity sold on the premises and no naecharical equipment used except that necessary for housekeeping purposes. HOMEOWNERS ASSOCIATION: A private organization composed of residents within a project who own in common certain property and shall be responsible for the maintenance and management of certain commonly owned property. HOSPri AL: A facility providing medical- psychiatric, or surgical services for sick or injured persons primarily on an in- patient basis, and inc hiding ancillary facilities for out - patient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees or visitors. HOTEL: Any building or portion thereof containing six (6) cr more guest rooms designed for and /or used by six (6) or more guests for compensation and with no provision for cooking in any individual room or suite, but not including those facilities defined as social care facilities. 0 HOUSEHOLD PET: See Animal. -2s- zecuon i.i4 I IMPROVEMENT: Any item ,.hich becomes part of, placed upon or is affixed to real estate. J JUNKYARD: Any area, lot, land, -parcel, :building or sLueture or part thereof usd the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or :wo or more unregistered, inoperable motor vehicles or other typee of junk. K KENNEL: Any lot or premises on which rive (5) or more dogs over four months old are kept for commercial boarding, breedicg, and training. KITCHEN: Any room, all or any part of which is designed and/or used for cooking and the preparation of food. L LANDSCAPING: An area devoted to or developed and maintained predominately with na a or exotic plant materials including )awn, ground cover, trees, shrubs, and other plant materials; apd also including accessory decorative outdoor landscape elements such as pools, fountaitr, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements. LAND USE: A description of how land (real estate) is occupied or utilized. LOADING SPACE: An off -street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. LODGING UNIT: A room or group of rooms used or intended for use by overnight occupants as a single unit, whether on a tr ansient or residential occupancy basis, located in a motel or dwelling unit providing lodging whether or not meals are provided to such persons. Where designed or used for occupancy by more than two persons, each two persons capacity shall be deemed a separate lodging unit. For the purpose of determining residential density, each two lodr'rg units shall be considered the equivalent of one dwelling unit. LOUNGE, COCKTAIL: A use providing preparation and retail sale of alcoholic beverages, on a i:censed "on sale" Oasis, for consumption on the premises, including taverns, bars, and similar uses. LOT: Any parcel of real property approved by a record of survey, plat, parcel map, subdivision map, or certificate of compliance, or any parcel legally created or established purs:sant to the applicable zoning or subdivision regulations in effect prior to the effective date of application of this Cade to such parcel. LOT AREA: The net horizontal area within bounding lot lines after dedication. LOT, CORNER: A lot or parcel of land abutting upon two or more st eets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degress. LOT, COVERAGE The area of a lot covered by buildings, including eaves, prolectM balconies, and similar features but excluding ground level paving, landscaping, and open recreational facilities. -30- LOT, CUL-DE -SAC: A lot located on the turning end of a dead -end street. 1� LOT, DEPTH: The horizontal distance.between the midpoint of the front let Ln° and the midpoint cf the rear lot line. LOT, FLAG: A lot having access to a street by means of a private drivewav, access easement, or parcel of land not meeting the requirements of this Code for lot width, but having a dimension of at least 30 feet at its narrowest point. LOT, INTERIOR: A lot other than a corner lot. LOT. KEY: The first interior lot to the rear of a reversed corner lot, the front line of which is a continuation of the side line of the reversed corner lot, exclusive of the width of an alley, and fronting an the street within intersects or intercepts the street upon which the corner lot fronts. LOT, REVERSED CORNER: A corner lot having a side lot line which is substantially a continuation of the front lot line of a lot to its rear, LOT, SUBSTANDARD_: Any lot which . ich does not meet the minimum dimensions, the area of any easement which restricts the normal usag e of the lot may be excluded. LOT, THROUGH: A lot other than a corner lot abutting more thar, one street. LOT LINE: A line bounding a lot. LOT LINE ADJUSTMENT: A minor shift or rotation of an existing lct line or other adjustments. LOT LINE, FRONT: A lot line paralleling the street. On a corner lot, the shorter lot li.:e abutting a street or the line designated as the front lot line by a subdivision or parcel map. LOT LINE. REAR: A lot lire, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of 10 feet, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbac'im, and other provisions of this ordinance. LOT LINE, SIDE: A lot line not a front or rear lot line. LOT LINE, STREET: A lot line abutting a street. LOT WIDTH: The horizontal distanc-s between side lot lines, measured at the front setback line. a! MANUFACTUBLNG: A use e:igaged in the manufacture, predominant ?.y from previously prepared materials, of finished products or parts, including processing, fa�rication, assembly, treatment, and packaging o£ suc&* 3n products, and incidental cesses processing c extracted or raw materials, pro utilizing flammable or explosive materials (i.e., materials wbich ignite e-asRF under normal manufacturing conditiors), and processes which create hazardous or commonly re-zognized offensive conditions. -31- N Section 1.14 MAP ACT: The Subdivision Map Act of the State of California. MAP, CONTOUR: A map that displays land elevat -. .:; in graphic form. MEDICAL OFFICE: A use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. MERGER The joining of two or more contiguous parcels of land under one ownership into one parcel. MOBILE HOME: A movable or transportable vehicle, other than a motor vehicle, having no foundation other than jacks, piers, wheels, or ai&1ings, designed as a permanent structure intended for occupancy and designed ;x subsequent or repeated relocation. MOBILE HOME PARK: A residential facility arranged or equipped for the accommodation of two or more mobile homes, with spaces for such mobile homes available for rent, lease, or purchase, and providing utility services and other facilities either separately or in common to mobile home space therein. MOBILE HOME SPACE: A plot of ground within a mobile home park designed for the accommodation o one mobile home. MOTEL: A commercial facility containing lodging units and dwelling units t ne ded primarily for temporary occupancy, with not more than ten percent of the units having kitchen facilities and meeting the definition of a dwelling unit. The term "motel" shall include a hotel, motor hotel, tourist court, or similar use, but shall not include a mobile home park. NOISE: Any undesirable audible sound. NOISE, AMBIENT: Means the an- encompassing noise level associated with a given environment, being a comxosite. of sounds from all sources, excluding the alleged offensive roise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. NOISE, IMPULSIVE: Means a noise characterized by brief excursions of sound pressures whose peak levels are very much greater than the ambient noise level, such as might be produced by the impact of a pile drive., punch press or a drop hammer, typically with one second or less duration. NOISE, INfRUSIVE: Shall mean that alleged offensive noise which intrudes over and above the existing ambient noise at the receptor property. NOISE, LEVEL: Means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty mieropascals. The unit of measurement shall be designated as dBA. NOISE, MOBILE SOURCE: Shall mean any noise source other than a fixed noise source. --2- E Section 1.14 NOISE, SIMPLE TONE: or "pure tone noise" means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum.. NOISE. ZONE: Shall mean any defined area or region of a generally consistent land -use. NONCONFORMING: A building, structure or portion ibereof, or use of building or land which does not conform to the regulations of this Code and which lawfully existed at the time the regulations became effective. NONCONFORMNNG LOT: A lot, the area, dimensions or location of wt.ich was lawful prior to the adoption,, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. NONCONFORMING STRUCTURE OR BUILDING: A structure or building the size, dimensions cr iocation of which was lawful Prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reasor of such adoption, revision or amendment, to conform to the present requirements of the zoning district. NONCONFORMRNG USE: A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adotpion, revision or amendment. to conform to the present requirements of the zoning district. NURSERY, LANDSCAPE A retail service providing propagation and sale of p',ants, shrubs, frees, nd similar products, and related materials and services associated with installation, maintenance, and improvement of yards, gardens, landscaped areas, outdoor living and recreation areas, and similar facilities. O OFFICE PROFESSIONAL: A use providing professional or consulting services in the elds of law, architecture, design, engineering, accounting, and similar professions. OPEN SPACE: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space does not include: area covered by buildings or accessory structures (except recreational structures), paved areas (except - ecreational facilities), proposed and existing public and private streets or driveways, and school sites. OPEN SPACE, COMMON: Open space within a project owned, designed, and set aside for use by an occupants of the project or by occupants of a designated ,portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. OPEN SPACE, PRIVATE: That open space directly adjoining the units or building, which is intended for the private enjoyment cf the occupants of the unit or building. Private open space shall in some manner be defined such that its boundaries are evident. -33- W Section 1.14 OPEN SPACE, USABLE: Outdoor or unenelosed area on the ground, or on a roof, balcony, deck, porch, or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but excluding parking facilities, - driveways, utility or.service areas, or any required front or street side vard, and excluding any space with a dimension of less than 10 feet in any direction or an area of less than 100 sauare feet. OUTDOOR RECREATION FACILITY- A privately owned or operated use providing facilities for non - commercial outdoor recreation activities, including golf, tennis, swimming, riding, or other outdoor sport or recreation, operated predominantely in the open, except for clubhouses, and incidental enclosed services or facil ties. OVERLANG: (a) The part of a roof or wall which extends beyond the facade of a lower wall. (b) The portion of a vehicle extending beyond the wheel stops or curb. OVERLnY DISTRICT: A district established by this ordinance, which may be applied to a lot or portion thereof only in combination with a base district. PAID, BUILDING: That area of a lot graded relatively flat, or to a minimum slope, for the purpose of aceommodating a building and related outdoor space. PARAPET: The extension of the main walls of a building above the roof level. PARCEL: A lot or tract of land. PARKING AREA: Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and 1-.g ally designated areas of public streets. PARKING AREA PRIVATE: A parking area for the private use of the owners or the lot the is located. occupants on which parking area PARKING AREA, PUBLIC: A parking area available to the public, with or without compensation, or used to accommodate clients, customers, or employees. PARKING BAY: The parking module consisting of one or two rows of perkdng spaces and the aisle from which motor vehicles enter and leave the spaces. PARKING LOT: An off-street, ground level area, usually surfaced and improved, for thme temporary storage of motor vehicles. PARKING SPACE: A space for the parking of a motor vehicle within a public or private parking area. PERFORMANCE STANDARDS: A set of criteria or limits relating to nuisance elements which a particular use or process may not ex ^eed. PERIMETER. The boundaries or borders of a lot, tract, or parcel of Land. -34- Section 1.14 PERMTT: Written governmental permission issued by nom, authorized official, forbidden by law, but not empowering the holder thereof.to do soma act na*- allowed without such authorization. PERMIT'_'ED 'USE: Any use allow - i in a zoning district and subject to the restrictions applicable to that s;gang district. PEST REPORT: *.leans an inspection and written report conforming to the Section 8516 of the Business and Professional Code of the state requiirements , including documentation of conu. ',ns ordinarily subject to attack by wood destroying pests and organisms. or portion of a project which is developed as a unit PHASE: Any contiguous part U7tSe same time period. The General Plan of the City of Rancho Cucamonga, including PLAN, GENERAL: relatci plan elements adopted by the City Council. all snaps, reports, and PLANNER. CITY: The head of the Planning Divisior. of the City of Rancho Cucamonga and shall include his deputies. °offtthat site,to the district PRE DISTRICT: The act of designating, advance City of be applicable to o a site upon subsequent t n Rancho Cucamonga. PROJECT: The total development within the boundaries as defined on the development plan. PUBLIC FACILITY: A non - commercial use established primarily for the benefit it is located, including a library, post and enjoyment of the community sn which center, and similar facilities. office, museum, neighborhood QUARRY: A place where rock, ore, stone and similar materials are excavated for sale or for off -tract use. for temporary parking and lining of motor vehicles while QUEUE LINE: An area awaiting a service or other activity. R R£CREAT ?ON COMMERCIAL: A use providing recreation, amusement, or theaters, bowling lanes, billiard entertainment services, including indoor, such as outdoor uses such as golf, tennis, parlors, skating arenas, and similar services, and similar services, operated on a private or far - profit basis. basketball, baseball, and RELIGIOUS INSTITUTION: A seminary, retreat, monastery, conference center, or inolu�i ^.g accessory housing similar use far the conduct of relio ous activities, a private educational facility- incidental thereto, but excluding REPAIR: The reconstruction or renewal of any part of gr existing building for the purpose of its :maintenance. RESEARCH AND DEVELOPTviENT: A use engaged -:i study, testing, design, prcsses, or services, c_ analysis, and experimental development of products, including incidental manufacturi ng of products or provision of services to others. -35- Section 1.14 RESIDENTIAL CARE FACILITY: Any family home, group care facility, or similar facility for 24 -hour nca- medical care of persons in need of personal services, supervision, or assistance essential for sustaining the actis: ties of daily living or for the protection of the individual RESTAURANT: A use providing preparation and retail sale of food sand beverages, and including censed "on-sale" shops, ice cream parlors, and similar uses, g provision of wine and beer for consumption on the Premises when accessory to such food service. RIGHT -OF -WAY: A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intep_ded to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas Pipeline, water line, sanitary storm sever and other similar uses. ROOM RECREATION: A single room in a main building or in an accessory building designed and/or used exclusively for recreational purposes by the occupants or guests of the premises. RUBBISH: The word "rubbsh° includes but is not restricted to all non - reusable waste dbris such as Paper, cardboard, grass, tree or shrub trimmings, rugs, clothing, wood, or wood products, crockery, glass, rubber, metal. plastic, construction waste and debris and other similar materials. RUN WITH THE LAND: A covenant restriction to the use of land contained in a deed and binding on the present and all future owners of the property. S SCHOOL- BUSINESS OR TRADE: A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit. and not otherwise defined as a home occupation, college or university, or pubiic or Private educational facility. SCHOOL ELEMENTARY AND HIGH: An institution of learning which offers instruction in the several branches o learning and study required to be taught in the Public schools by the Education Code of the State of California. High schools include Junior and Senior. SCHOOL, PAROCHIAL: A school supported and controlled by a church or religious organization. SCHOOL PRIVATE: Any building or group of buildings the use of which meets state requi— ruts of primary, second not secure the major part of its funding higher y go ernme to and which use does � y governmental agency. SCREENED: Shielded concealed, and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area or subject to screened, by a fence, wall, hedge, berm, or similar architectural or landscape feature. SECOND DWELLING UNIT: A detached or attached dwelling unit which provides complete, independent living facilities for one or more persons. It shall include same provisions pare for living, sleeping, eating, cooking, and sanitation on the parcel or parcels as the primary unit is situated. 11 -36- 11 Section 1.14 SERVICE. AUTOMOTIVE: A use engaged in sale, rental, service, or major repair of new or used automobiles, trucks, trailers, boats, motorcycles, ' p mopeds, ds' recreational vehicles, or other similar vehicles, inc.udi tire recs body and fender repair, and engine, transmission, air conditioning, and glass repair and replacement, and similar services. SERVICE STATION: Ar. establishment offering the sale of gasoline, oil, minor automotive accessories, and minor repair services for the operation of motor vehicles, but not including painting, body work, steam cleaning, or major repairs. SERVICE, TAKE-OUT: A feature or characteristic of eating and drinking services which encourage or allow, on a regular basis, consumption of food and beverages outside of a building, such as ira outdoor seating areas where regular table service is not provided, in vehicles parked on the premises, of off the site. SETBACK: The area between the setback line and property lire. SETBACK LINE- A line within r. lot parallel to and measured from a corresponding lot fine, forming the boundary of a required yard and governing the placement of structures and uses on the lot. SHOPPING CENTER: A group of commercal establishments, planned, developed, owned, or managed as a unit, with off -street parking provided on the site. SITE AREA: The net horizontal area included wit`o4 -i the boundary lines of a site, not including the area within the established right-of-way of a public street, future public street, or railroad, or any other area dedicated or to be dedicated for a public use. SITE PLAN: A pan, prepared to scale, showing accurately and with complete me,-asiordng, all of the buildings, structures end uses and the exact manner of, development proposed for a specific parcel of land. SLOPE: The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees. SLOPE, AVERAGE: The average slope of a lot, expressed as a percent slope, determined according to the following forma_ Contour Total length 0023 X interval in feet in feet of all contours Slope = Acreage of parcel SOLAR :.CCESS: A property owners right to have sunlight shine on his prop,'rtY- SOUND LEVEL METER: An instrument meeting American National Standard Institute's Standard 51.4 -1971 for Type 2 sound l3vel meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. -37- vcc uvaa a.a SOUND PRESSURE LEVEL: A sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.201962 and 51.13 15;21; that is, twenty tines the logarithm to the base ten of the ratio of the pressure of the sound to a reference Ift pressure, which reference pressure shall be explicitly stated. STABLE. COMMERCIAL: A stable for horses, mules or ponies which are rented, used or boarded on a commercial basis for compensation. STABLE, PRIVATE: An accessory building for the keeping of horses, snules or ponies owned by the occupants of the premises and not rented, used or boarded on a commercial basis for compensation. STOCK COOPERATIVE: I deans stock coocerativz as defined in S, etion 11003.2 of the Business a.nd Professions Code: Property consisting of dwelling units ownd by a corporation whereby shareholders receive a right of exclusing occupancy in a portion of the real property owned by the corporation. STORY: That portion of a building included between the surface of any floor and the surface of any floor next above it, or if there be no floor above it, then the space between. such floor and ceiling next above it. STORY, HALF: A story with at least two (2) of its opposite sides meeting a sloping roof, not more than two (2) feet abuve the floor of such story. STREET: Any public or private thoroughfare with a width of twenty (20) feet or more, which Offords a primary means of access to abutting property. STREET LINE: The boundary line between a street and abutting property. STREET PERIPHERAL: An existing street whose right -of -way is contiguous to the exterior boundary o the subdivi_Cioa. STREET, PRIVATE: A street in private ownership, not dadieated as a public street, which provides the principal means of vehicular access to a property and not to be construed to mean driveways, alleys, or parking areas. STREET, PUBLIC: A street owned and maintained by the City, the County, or the .state. The term includes streets offered for dedication which have been improved, or for which a bonded improvement agreement is in effect. STRUCTURAL ALTEEATIONS: Any change in the supporting mem:�ers of a structure such as the bearing wails or partitions, columns, beams or girders. STRUCTURE: Anything constructed or built. An edifice or building of any kind, or any piece of work artificially built up or composed of parts Joined together in some definite manner. STRUCTURE, ACCESSORY: A subordinate building which is incidential and not attached to the main building or use on the same lot. If an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shalt be considered an addition to the main building. 0 -38- STRUCTURE. TEMPORARY: A structure without any foundation or footings and hich is removed when the designated time period, activity, or use for which the w temporary structure was erected has ceased. SUBDIVIDEP- A person, firm, corporation, partnership, or associate who proposes to di— Tdivides, or causes to be divided real property into a subdivision for himself or for others; except that employees and consultants of such persons or entities, acting in such capacity, a: -e not "Subdividers ". SUBDIVISION: The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sa.e, development or ease. SUBDIVISION, CUSTOM LOT: A subdivision which creates parcels to be sold in an undeveloped state to individual owners for development of not more than four units per owner. SUBDIVISION, TRACT: A subdivision which creates five or more parcels to 5e developed as a whole by an owner or builder. T TOT LOT: An improved and equipped play area for small children usually up to eiementry school age. TOW14HOUSE: A building subdivided into individual units such that each owner owns the unit structure and thee land upo : \vhich.the unit is loc&'ed, plus a common interest in the land upon which the t iilding is located. TRAIL. COVZAUNrrY. A trail, generally 20 feet in ridth, which is a segment of a 1 planned trail systen, intended to link local feeder trails with the regional trait system, and designed and iinproved for riding and hiking purposes. 11 TRAIL, EQUESTRIAN: A trail which is a segment of a planned trail system designed, improved, and intended to be used for horseback riding purposes. TRAIL. LOCAL FEEDER: A trail, generally 15 feet in width, which is a segment of a planned trail system, intended to provide access to the rear of residential lots Zrom the community or regional trail system, and designed and improved for riding and hi;dng purposes. TRAM, REGIONAL ,MULTI- PURPOSE: A trail, generally 30 feet in width and located along flood control and utility corridors intended to connect residential areas with regional parks, scenic canyons, the national forest, and other major open spaces, and designed and improved 2or riding, hiking, and bicycling purposes. TRAVEL TRAILER: it vehicle other than a motor vehicle, which is designed or used for human habitation and for travel or recreational purposes which does not at any time exceed eight (8) feet in width and forty (40) feet Sn length and which may be moved upon a public highway without a special permit or chauffeur's license or both without violating any provisions of the California Vehicle Code. TRANSITIONAL AREA: An area which acts as a buffer between two land uses of dilferant intensity. -39- 0 V main TERMINAL: r. lot, lot area or parcel of land used, designed or erviciing for tphengpurpose of storing, parking, refueling, repairing, dispatching, servicin or keeping motor trucks and associate equipment together with those facilities necessary to service,- dispatch, store or msintain aforementioned vehicles, their cargos and crews. USE: The conduct of an activity, or the performance of a function or operation,on a site or in h building or facility. USE ACCESSORY: A use which is incidental to, and customarily associated with, a specified principal use, and which meets the applicable conditions set forth in this ordinance. USE, DISCONTINUED: To cease or discontiiiae a use or activity, excluding temPorary ro short -term interruptions to a use or activity duri. remodeling, maintaining, or otherwise improving a facility. Periods of USE, CHANGE OF: The replacement of an existing use by a new use, or a change in the nature of an existinng use, but not including a change of ownership, tenancy, name, or management where the previous nature of the use, line of business, Or other function is substantially' - :changed. USE, CONDITIONAL: A u.--e, listed by the regulations of any particular district as a - onditional use within that district and allowable therein, solely on a diz.-retionary and conditional basis, subject to DeveloomentlDesign Review or to a Conditional Use permit, and to all other regulations established by this Code. USE, DRIVE -IN- An establishment which by design, physical facilities, service, or by Packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. USE, PERMITTED: A use listed by the regulation of any particular district as a Permitted use within that district, and permitted Therein as a matter of right when conducted in accord with the regulations established by this Ordinance. USE. PRINCIPAL: A use which fulfills a primary function of a household, establishment, institution, or other entity. USE, TEMPORARY: A use established for a faced period of time with the intent to discontinue such use upcn the expiration of the time period. USE_ . TR NSMONAL A land use of an intermediate intensity between a more intensive and less intensive use. USE, SINGLE FAMILY. The use of a site for only one dwelling unit. offers a c i COL:,EGE: An educational institution of higher learning which offers a course of study designed to culminate in the issuance of a degree as defined by Section 29002 of the Education Cede of the State of California, or su--Cessor legislation. VALUE OR VALUATION: The value of a building shad be the estimated cost to replace the building in kind, based on current replacement costs. -40- E CHAPTER 2 P$RNEM action 2.1 Pt Ose '& Intent This chapter contains the procedures and regulatory provisions necessary to administer this Code in order to provide for land use consistency with the General Plan, regulate uses which have the potential to adversely effect surrounding properties, promote a visually attractive community, and provide flexibility in standards and requirements when special circumstances exist. Section 2.2 Permit Applications A. Complete Applications 1. Complete Applications. Any application for a permit or entitlement pursuant to this code, must be accepted as Complete for processing by the City Planner in order to initiate the official review prose s. Standard submittal requirements for each permit outlining the form and content of a complete application shall be established by the City Planner. All required materials, information and fees shall be provided by the applicant before the application is complete for processing. 2. Check for Completness. Within thirty (30 ^alendar days after receipt of an spplica pl tion, the City anner snail review um VWu�-stir^• •� ==•° — -' is complete fo processing and shall notify the applicepilt of such determination. in addition to the standard submittal requirements. the City Planner may request information necessary for the complete analysis of an application. 3. Incomplete Applications. In the event an application is determined not ¢hose complete, written notice shall be provided to the applicant specifying portion: of the application which are incomplete. Said notice shall also indicate the information and /or plans necessary to make the application complete. VOOA fbf¢i$t bt t.,"ib f64AU d U16" tffui Ulf !i¢$TiO'"U tiff fs utiiti6d AULU I61i ff ` etf4 di fbf f�tfig Its og or tau U ai�wnihui sixty (60) days of the notice of bwomplete Ming- UPS receipt of the required items by the City Piarnery the information shau be reviewed for corpletenew and a determ �o o has completion � II��Q within thirty (30) day- Once an applies decision shall be made within arse (1) Jar. 8l fi ft id tfoo Elfin t fool IwA v+ Ulori igwik bt w Out AAf IA-A 66OUeAw B. Denials 1. in the event that information needed for the masons shown below is not provided by the applicant within the time limits specified by this section, the City may deny a permit or entitlement for a development project to allow time to obtain the needed information. information whose absence would constitute a reason for such r. denial are- -44 Sections 2.2 & 2.3 (a) Information wh-:n is to be supplied by the applicant and is necessary to 2repare a lgally adequate environme-sx_al document; (b) Information necessary to prepare a supplemental Environmental Impact Report in com liaace with the Public Resources Code, Section 21166; or (c) Information without which the City's decision to approve a project Hould not be supported by substantial evidence. 2. Denial for the above reasons may be deemed by the City to be a denial without prejudice to the applicant's right to reapply for the same permit. Section 2.3 Conditional Use Permits A. Purpose and Intent. The purpose of these regulations are to create flexibility necessary to achieve the objectives of the Development Code and General Plan Selected uses in each district are allowed only subject to the granting of a Conditional Use Permit, because of *heir unique site development requirements and operating characteristics, which -squire special consideration in order to operate in a manner compatible with surrounding uses. The Conditional Use Permit process is intended to afford an oppartmity fcz broad public review and evaluation of these requirements and characteristics, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided in accordance with the Development Code. B. Authority. The Pl2zning Commission is autl%ori -e to grant Conditional Use Permits to achieve these purposes as prescribed in accordance with the procedure in this Section and impose reasonable conditions. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, wails, ani screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, re2alatinn of vehicular ingress and egr_!ss, and traffic circulation; reguLati= of signs; regulation a' hours or other characteristics of operation- recuiremenits for maintenance of landscaping and other improvements; es1Eab3 :' „gent of development schedules or time limits for performance or eomPiet:on; requ remerts for periodical review by the Planning Commission; and such -*her conditions as the Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, a d to enable the Commissio,-n to make the findings required by Section. 2.s £ C. ApDlicatian 1. An apph ation for a Conditional Use Permit shall be filed with the Planairr; Division in u manner prescribed by the City Planner. 2. ondit:onal Use Permit applications involving new construction requ .s the review of development plans as provided for in Chapter 3 of this title. 11 -43- 11 Section 2.3 D. public gearing, The planning Commission shall hold a Public Hearing on each aaplica ±ion for a Conditional Use Permit. The hearing shall be set and r_otice given as prescribed in Section 1.122 Public Hearings. E. Findings Before approving a Conditional Use Permit, the Planning Commission ,,hail make certain findings that the circumstances prescribed below do apply: 1. That the proposed use is in ancord wit!, the General Plan, the objectivoc of the Development Code, and the psrpcsez of the district in which the site is located. 2. .hat the proposed use, together with the conditions applicable thereto, Will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That t5e proposed use complies with each of the applicable provisions of the Development Code. ?fuetiit° 7Di U I; Tu deiiiiflfi tdf Ale YtdMbit zt dd S:if1i lbe effeEtlai>: 1A idJtWO dd7Pi #ifif 06 dtM Of 06 deiMdti d#Mtt" fe 00 OU* 4-60 Wes 16M -40lud JA Seefid!t 1181 4$0" F. Pre - existing Conditional Uses /Permits 1. A use legally established prior to the effective date of this Code or prior to the effective date of subsequent amendments to the n.gulations or district boundaries shall be deemed a pre- existing conditional use. Such uses may continue in ac^_ordance with Section 1.13 Non- Conforming Uses), Ezo provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any. 2. Alteration, expansion, or reconstruction of a building housing a pre - existing conditional use shall comply with Section 1.13, regulating non - conforming uses, until such time that a Conditional Use Permit is granted as provided in this Section. 341 Etifbteed�e�ii 11 Fasfdi��bdf �Ki,>x ldb i� ttfedtdaii� � � $d F.ital6Jf€Hed i.-i Siefi>;d 1;181 �ddi Edfdfee�ir�f ft6f d >fidJstild�t idf t+�� �$tie>41d1e �i3tidri 6f fj1Y�,,,i,f ��S��f( t(}*f113brty {.b�i/�{fp{�{�r��p�b,(�fd ��� sit i'ddditiditt +flf d�pfb��U et m jj1�5g`Y_.(YSYVi.F �- ��F`!'1j lte�isi4n$ Yziwufie� y6ly J.i 0096yd t[fid VW FCU1Vi� iI +MF Iv% M SVf %'FJ1LF � '• H �:K7T'.% of ii16J M%" hi Se¢fidd 1171 -44- U LA E, G. RsvWws/Modifieatiars- RevLAGM or modifications of Condition'. Else Permie can be requested by the applicant or the Piaue£ng Commission may pe y review, modify or revoke a Corditioral Use Permit. 1. R¢ ,WWMod£ficaUc ns by appUcwd- A reor%on. or modification to an approved Canditiowl Use Permit such as, but not hm£t2d to, change ue conditions, e.,tjW=ans, intaw-dricattons MUM4 o Such operation, , or dMWe of ownerships ma.y be � F. The ePPh� shsP be processed as described in Sections 3uppIy necessary information as determined by the City, to indicate reason for the requested dwWW. _ by ? Commission- The Planting Commission may Per' -od�uY 2 review any Con iticna Use Peanut to ensure teat it is being operated i-I a vide conditions of approv aI a in n roo==mer 'miner consistent welfare, or rnateriaIIy injurious detrimer sa ntul to the public hecJU4 feh'' or to properties in five vicinit -j. if, after reviev, the CommEssnen deems that firers is suffcisnt evWence to =arrant a fun emmation, the=n a public heararg dsta shall be set. a. A[odtfwatian or Revocative by the Planning Comm£ssfan. After settling a date for Pic hen>'ng ns described in Subsection 2 abaVe, the City P�aseer shall ratify the applicant Ord owners of the CUP in qmmt�o' Such'tice sl.til be se=nt by certified mail and VOU state Vint the Commission vril be aLw revievung the CUP for Possible =modification or re=vocation- It 11212 be state the date, time and place of - The' public hearing conducted and notice given in accordance with won 1.12. The City PbMw awn fnuUy mvestigate tt7e evidence W d prepare a rely for the a mmissioa's cwmderstuxu Upon co=nclusion of the public hearing, the Comm&do n 31012 render a decisiar --. to da OW of the fonavia:g measums: (a;) F'ud fiat the CrjP is being conducted in on appropriate matter and trait no actimn to modify or revoke is necessary; or'i (b) F£nd that the CUP is not beiV conducted in an apProlric" manner and that awdituxrtions to conditions are necessary; air, (c) Find that the CUP is not beiV conducted in an aporopiqate manner and they modir ations we not available to mitigate therefore revokes the Permit which requires the oPeroton to cease and desist in the time arioted by the Commission- If the Plaatung Commission either modifies or revokes a CUP, lien=s they sha12 state reasons for such action withi=n the re3oiuiirNu H. New Agestion� fouow -ig Denial _ or Revocation. Fr'.owing the denial or revocation o a Conditional Use Permit application, no application for a Conditional Use Permit for the sa-.ae or substantially the same use of the same or substantially the same site shall be filed within one year from the date of denial or revocation. -45- Section 2.4 Section 2.4 Variances A. Puroose and Intent. The par;.a of this Section is to provide flexibility from the strict application of daveloj•ment f4,9AU06id stanc£ny+ds when special circumstances pertaining to the property such as size, shape, topography, or location deprives suc,i property of privileges enjoyed by other property in the vicinity and in the same district, (consistent with the objectives of the Development Code). Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges ins nsistent with the limitations upon other properties in the vicinity and district in which such property iV situated. B. Authority 1. The Planning Commission is authorized to grant Variances to achieve these purposes as prescribed in accordance with the procedure in this Section, with respect to development standards such as but not United to fences, walls, hedges, screening, and landscaping; site area, width- and depth; front, rear and side yards; coverage; height of structures; landscaping; `:sable open space; perforrna :ice standards; and on -street and off-street parting end loading facilities and impose reasonable cond =lions. Conditions may incl:nde, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, wads, and screening; requirements for inst3liation and maintenance of landscaping and erosion control measures; req e • -�ments for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs, regulation of hours or other characteristics of operation; requ'remen:ts for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or ecmpletion; reoairemen�s for periodical review by the Planning Commission, and such othe * conditions as the Commission may deem necessary to ensure corny atibility with surrounding uses, to preserve the public health, safety, and Nrelfare, and to enable the Commission to make the findings eequired by Sec +ion 2.4 E. 2. The power to grant Variances does not extend 'co use regulations. Flexibility to ttb use regulations is provided ptimant to Section 2.3 (Conditional Use Permit) and Section 1.4 (Use Determina +ion). C. Application. An application fcr a Variance shall be Wed with the Panning Division in a form prescribed by the City Flamer. D. Public Hear' 7tv- Planning Commission stsall hold a public hearing on each applicaaon fora Vd -iance. The hearing shall be set and notice given as prescribed in Section 1.12 (Public Hearings). E, Pi-XI'MRS 1. Before granting a Variance, the Planning Commission shall make the following findings that the circumstances prescribed below do apply: (a) That strict or literal interpretation and enforcement of the specified regulation would res -.dt in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. -46- Section 2.4 (b) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other, the in the same zone. (c) That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. (d) That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the cnrSLP zone. (e) That the granting of the Variance w:L1 not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicic:ity. Rl P The PiAeOt C6dUb"60 dn61� it"t d Xdfl6d6e *Uy' f"Otl t6 60 WF� 6ffftttfat M 6f 16id1%t lkflii 0 If 06 Udid"66 UA &Wi flfwitt 1W f6UWY, t1S6t the t6J1614ifi$ ddditi6lz-ail r'Iffa4dittturw AU6 4241W fa TW ria:!nef WOO fW "JI0 lu" fs AM tffff16 *wd,fi $wftw 13t M6 $0600►u4 OM 6f Otm MW" alt f6tW6 atflbf 0 Iltftdt i6t6fW!. Wit "11 lik"NOdifig 61 W 441�:fif4 f6givW61V fW TW tlif eiifiam "af the )Odfleu:u *Jl Au fft6lt iii 1156 $8f6t * of Mid fit 6t MdogE ' 6d 60M t MOM iA A df15 at %64"0 66 t6 Wlitfffe wit% the ItO Ww 6f tffifflf Pd ME AAA66dt off6ettl 10 TW 06 Ot 160#j f6 llt�PA I i f�ittW *LM flee 66ib #6U*" 6t friiS d t'flf 2. Parking. The Pbus* g Conunbsion may grant a -uarianc8 in order that some ar -II of the rer.,Ated parkbig spaces be located off -site, �hdIng locations in other, lot-1 jurisdictions, or that in-neu fees or facalfties be pnvvi ied ira teed of tho required panting spaces, if both the fOUOwM COMdiorss are met - (a) nw vGriance will be an imcerntiw to, and a benefit for, the MMesidential development- (b) facilitate acc8W to l by PabVW of FJNic Vamtf cues, p �y guideway facilities. Ft Sfteet:if IDnitf L 'm dffWli cif 06 Pi Wit UIAINWMAO 156 fffefflif 1A fa51040 drl i alitef ;Mj dAtf of 04e d#iti6d woo OtSA' 1fd 0 tiff Out E6"Oju df fifHHAW Iii uiul m 1181 A$tbfdlal -47- Section 2.5 Ql R0ltidM tald Y16difidA961 0 11 90Mdd.4 "d Ift66 i`." ib ltd tbb fd d�'¢dfdl td v41 _n 1i5d ¢idbdd►5t# WOW" 14 $diU" 2171 341 BAif&64 -6w Z! woftilW $06A VU fdf A *16hw6f, OflV d16$ "1516 1rfd ilw6d f OW Sdbtibd bf 11WAM 116 idfidffiM Of d$OfaltFtil 0 d¢04461i Wt F. New A lications Follow* Denial df Rdib"+lidd. Following the denial or revocation ot a Variance application, no appL.cathon for the same or substantially the same Variance on the same or substantially the same site shall be filed within one y e—e* of thn riato Of riani,rl Or rgvpGation. Section 2.5 WMor XliMA" S2ceyb —'M A. Purpose and Intent. In order to provide flexibility necessary to achieve the objectives of the Development Code, selected site development reguiatio and applicable off - street parlring requirements are subject to Administrative review and adjustment in those circumstances where such adjustment will be compatible with adjoining uses, and consistent with the goals and objectives of the General Plan and intent of this Code. B. Authority 1. To achieve Viese purposes, the City Planner is authorized to grant a Minor y0X6A0E=eptiWt for the foft-x4np raaaons a ¢iijAdfl664 in accordance with the procedures in this Section and to impose reasonable conditions. Conditions may include, but shall not be limited te, requirements for special yards, open spaces, buffers, fences, wails, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of veh-icular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of iandsc aping and other improvements; establishment of development schedules or time limits for performance or completion; requirements for perioclical review by the City Planner; and such other conditions as the City Planner may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enal*tle the City Plamner to make the findings required by Section 2.5 F. (a) Fence Height. In any district the maximum height of any fence, wall, hedge or equivalent screening may be increased by a maximum two (2) feet, where the topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privaev, or tc maintain effectiveness of screening, as generally provided by such fence, wall, hedge or screening in similar _ ircumstances. ®A -48- Section 2.5 (b) Setbacks. In any Residential district, the City Planner may decrease the minimum setback by not more than ten (10%) percent where the proposed set'✓ :c : area or yard is in character with the su:rroWiding neighborhood and is not required as an essential open space or rezreational amenity to the use of the site, and where such decrease will not ur.Seasorably affect abutting cites. (c) Lot Coverage, in any Residential district, the City Planner may increase the maxirnum lot coverage by not more than ten (10 %) percent of the lot area, where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or sme:'ties, and where such increase will not unreasonably affect abutting sites. (d) Off -Site Parlor. . The City Planner may authorize & ma,dmum twenty-five 25 %) percent of the required parting for a use to be located on a site not more than 300 feet from the site of the use for which such parting is required, where in his judgement such off -site parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use for which it is required. The City Planner mey require condidons as deemed necessary to ensure utility, availabHity, and maintenance of such joint use of off -site parking facilities. (e) On -Site Parids The City Planner may authorize a maximum twenty -five (25 %) percent reduction in the required on-site parking requirements when it is proven that it will not result in a traffic hazard or impact the necessary parking for the use. (f) Height. In any district the City Planner may authorize a ten (10%) percent increase in the maximum height limitation. Such increases may be approved 'where necessary to significantly improve the site plan or architectural design, and where scenic views or solar access on surrounding propertiie; are not affected. C. Applocatian. An application for a minor varian.'e shall be filed with the Planning r Division, . a form prescribed by the City Planner. D. Notifuatunu The City planner shall notify the applicant and cordigmous MWOrLY owners diff-cther interested parVes by certified mail ten. (10) days prior to the City PUmniW decision the City Planner has the authority to approve. Said notice shall state the fGgov+W 1. Requested action g. Location of requested action & Name and address (parcel and Lot number) of applicant 4. Date after which a decfsian will be made on application & Name of City Planner and telep xne number of City HalL M-1-111 Section 2.5 E. Fin! i . The City Planner shaA make the following findings when approving an application for a Minor allance. 1. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or u_*mecessary phyzcal h!trdship inconsistent with the objectives of the General Plan and in'ent of the Development Code. 2. That there are exceptional circumstances or cc- editions applicable , the property involved or to the intended use of the property that do not apply generally to other properties in the same district. 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of previleges enjoyed by other property owners in the same district. 4. That the granting of the Minor YOiAAH ExGep2 M will not constitu�e a grant of special privilege inconsistent with the limitations on other properties classified n the same district, and will not be detrimental to the public hearth, safety, or welfare, or materially injurious to properties or improvements hi the vicinity. 5'r TW AOd 44'tdt pt"W ti6t "tddtpltdd fa V� ftjjUI6 f6xddidt thikt6:dd 16t 06 A" Of fA6 Aut 0 016 U& 61 Artm b W fitiwt t66fi6tiAW tdtjeEw ttti616t di'ldttil IlUi4tgWi6fi dild lwo"Uwfu 6f Im 4004 1w t6gbffUO&I 0 T1'4it 1146 idt`"Uft 6f tfdd 1A6t YdtiBt,di 14JU AU f "W JA !liti $i ffJft 0 MAN,* 6f faddlo 6t! 01"0 #1#661$ M st ak 6 dldrlio " %6 hlfoum 'Y= Im ffdb 11;5* 6f It'-We 6f 016 t "19 ?t # .L�SIaft bt t Ai66dw6Jwfi� IDw ft lv lw 6btd �661it�td myioltibd ii►06 "Wt *U% 016 bid; 4WIF6t 6f W U#AIOp Lt a SS6ddf. gt LAf6td"16Af 1l 111VO661iW AUJA " 16 rid66tdtaldd -Wh ..00 d;d16t"diaf 06bdd144" W4 UNd hi f "066 Wa t6r A 016:406A a i `; i6out"11i OMIUEi614 6: 033 Ss {tr6)i 61 f6wm 16 66*9t VMS "t ¢6fd UM 6f 6.mhOAI dt *W6W4 a# 6tdif dt H9 F. New Applications following Denial cr Revocation 1. Following the denial or revocation of a Minor Deviation no application f- the game or substantially the same Minor Deviation on the same substantially the same site shall be filed within one year from the date of denial or revocation. 13 -50- Section 2.6 AML it ar 6f ao 0 JUJU �f `g i d�ai � f rug OOMM W04 �Oka"z a� M6 pu t C:aiwm.FO t a idfwwd its WM516 U84 Aoj$ s-"' A. Purpo".e and Intent ThE intent of >hese regu_ations are to assure that Home Occuoations in residential neighborhocfG, under conditions, be compatible with the surrounding neighborhood character. B. Authority The City PlMler i authorized to approve, im, cze reasonable conKtions upon such approval, or deny such requests. C. 1lrandatory Conditions for Operation of Home Occupations Home occupations may ! nermitted on property urea or residential purposes based on the following conditions: 1. The use of the dwelling fc- such home accupstion shall be clearly incidental and subordinate to its use for *esidenti:i purposes by its inhabitants - 2. No persons, other than members of :he family who reside on the premises, shall be engaged in such activity- 3. There shall be no change in the outward appearance of the bUa(:: -7g or premises, or Wier visible evidence of the activity. is 4. There shall be no sales of products on the premises, except produce (fruit or vegetables) grown on the subject property. 5. The use shall not allow customers or clientele to visit dwellings. However, incidental uses such as music lessons, and the sale of fruits and vegetables may be permitted if the intensity of such instruction is approved by the City Planner. 11 6. No equipment or processes shall be used on the subject property which creates noise, smoke, glare, fumes, odor, vibration, electrical, radio or television interference disruptive to surrounding properties- 7. No home occupation shall be conducted in an accessory building. Normal use of the garage may be permitted if such use does not obs*suct required parking. g. Not more than 15% of the total square footage for the dwelling or one room of tiae dwelling, whichever is less, shall be used for the home occupatioi,. g. The use shall not involve storage of materials or supplies in an accessory building or outside any structures. 10. Use of the United States Postal Service in conjunction with tlsa home occupation shall be done by means of a post office box. -51- Section 2.6 11. No signs shall be disi+layed in conjunction with the hone occupation and there shall be no advertising using the home address. 12, A home occupation - permit is not vaUd until a current City business license is obtained. 13. The use shall net involve the use of -commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed a capacity of 11/2 ton, owned by the operator of such home occupation. 14. If an applicant is not the fined s 8 ewepr from the ownerr� rooccupation uch use to be conducted, then a sign of the dwellirg must be submitted with the application. D. Application Applications for a home occupation shall be filed with the Planning Division in r manner prescribed by the City P'.amer. g, Procedure for Approval U n acceptance of a home occupation application, the City Planner shall review the request for compliar a with the above corditians- Following a 5 day review period, We City Planner shall render a aecisio:. The decision shall clearly state, in writing, any conditions of approval u; reas3ns for denial >adddd 006ri trii 40""" fifiaftA XMW 0001 Fl F. FXi 'rm! ZXtjk PXdfiaidf dridu VW trill frAU6*h* fidddfi$s 000 to d¢�f6 dX 61 d Yedthd "461 dlUbfi otf kw fd) Trill Of600w B OEfi6 didoro hill' )rid 61606:X*1is Of trif pi *i16$de01 oodd dttb trii tfXit Ili )rid std Xd Xbddtddl "d is 0 idd! *Xtri trig SGdddfdX PUN U A"ri) d401;ddl6Xd�z0fofdtbt tkil A61 " diti yiiftdXito0 4 0 blid HUM ddidtfl of vmuifil Of dedtbfidiit MIJVJbdd tb 0fbOitf0 bf ;d �Widiidit# 1.4 trill tidid N drill to) T ddb Of trill IDri dbib b(�d►ddt bbd dfidd rXtri ri bt trill City Business License ReQuir went 1. Immediately following the effective date of an approved home occupation, when no appeal has bey filed, the apo` =cant shall obtain a City Business License. 2. City business licenses expire on a yearly basis. If the business license is not reviewed %Rhin thirty (30) days after expiration, then the home occupation permit shall become null and void. -52- E 0 C Section 2.7 � Brlf�tkkdrkfii x< Efefdfkbd►k►rit ab►kJx ik ir4 dEk�f; �:kt +k1iK frik k. 'dtkkdrkt�f $fdkkdrifkg kdtri51 ' . & kkflkfi x118 fdt I' *16"Z'64 dt � �i$$Tikl�6ik $tdirifldri df tYd` "016ri q IAUIrtk M kdfi$1�j *Uh "-t kdtidltl6fid of d$$tbidll Wd kdfdtkk6:kfe1E $#dkkkkfkf d1ily -'k i1x 1k fk�bdk6flbn df a[ Ysdchk dkk: ifidri $kfd�lf,[ G. New A. lications follcwi Denial dt Rk OtlW4' lr Following the denial df o a home occupation permit, no application for a home occupation permit for the same or substantially the same occupation on the same site shall be filed within ore (1) year from the date of denial bf r6*6 .UOV J1 VMAMiik OW xl Tfik 516 i SSA df 06 Gift PIA irrrikf s`Y10 ';k kffkkflik fd►'itWA 1(x41 kdXkMkf owju $$kxk0 116 f?Sk P1 4't di � rdribf d€ $tkkid4 tdx Section 8.7 Temporary UT A. Pur>ose and Intent. The purpose of this Section is to control and regulate land use activi ie a temporary nature 1fdd, which may adversely effe^_t the public health, safety, and welfare. The in is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences and land owners, and to minimize any adverse effects on surrounding properties and the environment. B. Authority. The City Planner is authorized to approve, conditionally approve with reasonable conditions or to deny such request. The City Planner may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signing and lighting' traffic circulation and access, temporary or permanent site improvements, ar 3 other measures necessary to minimize detrimental effects on surrounding prop -ties. The City Planner also may require a cash deposit or cash bond to defray leav cos hs of cleanup of a site by the City in the event the applicant property in a presentable and satisfactory ondition, or to guarantee removal and/or reconve -lion of any temporary use to a oerr,ranent use allowed lit the subject district. C. Temporary Use Permit. An application for a Temper -'ary Use Permit shall be required for the following activities and shsll be subject to conditions estcblished herein and sny other additional conditions as may be presec'rbed by the City Planner. 1. Parkin lot and sidewalk sales located within commercially designated properties. Such uses shall be subiectto the Commercial and sign regulations r contained within Chapter 5 and Title ..4 of the Niunici al Code, respectively. 2. Outdoor art and craft shr.as and exhibits, subject to not more than 15 days of operation or exhibition in any 90-day period. -53- Section '.7 3. Si�xsonal retail sale of agricultural Products raised on the premises, limited in a calendar year and when parking and access is to periods of 90 days provided to the satisfaction of the City Plsrner. A minimucn of ten (10) off- provided d to to spaces shellbe provided -o&.h provisions for controlled ingress and egress to the satisfaction of the City Planner. 4. R ligiout patriotic, historic or similar displaY� or exhibits within yards, parking areas, or landscapes areas, subject to not orn e`t a 15 days of display in any SO -day period for each exhibit 5. Christmas tree or similar sales lots subject to the following guidelines and conditions: calendar (a) A1; icy uses shall be limited to 30 days of operation per year. (bl a lighting shall be directed away from and shielded from adjacent residential areas. 6. (a) All such uses shall be limit. d to not more than 15 days cif operation u: any 180 -say period. To exceed this time limitation shall require Vie review and approval of a Conditional Use Permit as prescribed in Section: ` -P_3. (b) Ail s.-ch activities shaIl have a minimum setback 100 tc� feet r any s residential area. 1T'y��' cjg nim no adveras imps (c) Adequate Provisions for traffic circa" .Lion, off - sheet parking. and pedestrian safety shall be provided to the satisfaction of the City Planner. (d) S¢$I.faifb 41AId m JJd fidndIJ Restroos shall be prov:ned, (e) SeLurity personnel shall be provided. (:) Special, &singnated perking accommodati amusement enterprise workers and support vehicles shall P rovided. (g) Noise attenuation for generators and carnival rides shall be provided to ti--,e satisfaction of the City Planner. 7. :Model lion_• Model homes may be used as offices solely for the first sale of homes within a recu ied tract subject to the following conditions: (a) The sales office may be located ir. a garage, trailer or dweli.ng. -54- 11 r A Section 2 i (b) Approval shall be for a two-year period, at which time the sales ® office use shall be terminated.and the structure restored back to its j� original condition. Extensions may t;e granted by the City Planner in one year increments up to a rnaorLmLur: of four (4) years or urttil ninety (90) Ott of the development Is so:d: which ever is less. (c) TW A cash deposit, letter of credit, or any security determined satisfactory to the City shall be submitted to the City of Rancho Cucamonga, ir. an amount to be set by Council Resolution, to ensure the restoration or remawl of the structure. (d) The sales office is to be used only for transaetiors involving the sale, rent or lease of lots andtor structures within the trait in which the sales office is located, or contiguous tracts. (e) Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in furt`xer construction or inspection activity on the project site, and enforcement action to ensure restoration of structure. (f) Street improvements and temporary off-street parking Ai4it idxpfdxi dxE ct a Rate of taco (2) spaces per model shalt be completed to the satisfaction of the City Engineer and City Planner prior to commencement of sales activities or the display of model homes. ® (o) An fences ptnposed in tionjuaction with the model homes and sales 1� cffice shall be located outside of the p It lie right -of -way. (h) Flags, pennants, or other on -site adverb _ng sha11 be regulated Pursuant to MOW the Sign Regulations of the Municipal Code. (i) Use of signs shalt require submission of a sign permit application for review and approval by the Planning Divisi.m prior to installation. 8. Trailer coaches or mobile homes on active construction sites for use as a IS z4#s 61UO4 Baia f ta" aSfff4f temporary living darters fair security personnel, or temporary residence of Zhe subject property owner. The following restrictions shall apply: (a) The City Planner may approve a temporary trailer for the duration of the construction project or for a spe• "_%�d perioa, It .I in no event for moee than two (::) years. If eyx--p Tonal 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. (b) Installation of trailer coaches may occur only after Division. uilding permit has been issued by the City Building y 11 -55- Section 2.7 t6f mm'40>�bit " AUA AW "d'0140166 f6�off � witotikiAw dti6m m tdfiifd 4D (c) Trailer coaches permitted pursuant to this section shall not exceed a ma,ai,aum gross square footage of six hundred fifty (650) square feet in size (tongue not included). (d) Tae trailer coach must have a valid California vehicle license and snall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the State of California. A recreational vehicle being defined as a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section. (e) The temporary trailer coach installation must meet all requirements and regulations of the County Department of Environmental Health Services and the City Building and Safety Division. (f) Any permit issued pursuant to this section in eo ^ :;u►ction with a construction protect 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. 9. Other uses and activitie`, similar to the above as deemed appropriate by the City Planner. yj. Application. Applications for a temporary use permit shall be filed with the Planning Div -ion in a manner prescribed by the City Planner, Fl Bil�f6f66di6151- Y6 Btfbf6fd�bfil tEtis4T+" �� Iii d666fdd1�i66 tWifii 1Y�6 ffif6t66dffiil �f666d1it6� 6 i�'6Tii±ii6d fd b"ti6d via f6f 6 f OU06fi of cif 400ufAr:f 06019614 61 to 96,606rt Of 101it6 16 66d►f "# *uh 6" 6664i'ft61V Of 00WfUl SAM 6 of"dlofu 0166f40;59 �ftA$ Mau A N#55t tf M of f V 110tdff VA16 P€fd�ift F. New Applications following Denial of RH660611 Following the denial Of fi of u Temporary Use Permit application, nc application for a Temporary Use Pe -snit for the same or substantially the same use or the same or substantially the same site shall be filed within one year f r-�m the date of denial 6t M,$64A06& V 70f66W6 DW U TA6 44"16A Of W0 010 W6 61HW 16 rovia "OaIo6161tiE libwfft eodi fd+l�a36d At pt616fi66d hi $ka6d U84 A00AW 0 -56- 11 11 CHAPTER 3 LAND DI WLOPMENT REVIEW Sa tion 3.1 Devel m -jam Review A. Puroose and Intent 1. This section establishes the review procedures for resi-lential commercial industrial, tend institutional development proposals to facilitate project review by local responsible agencies and the Development /Deai3n Review Committees in a timely and efficient manner, to ensure that development s, standards, and pr ajects comply with all applicable local design guideline ,,-•dinances; to minimize adverze effects on surrounding properties and the environment; and are consistent with the General Plan which promotes high aesthetic and fan.tional standards to complement and add to the physical economic, and social character of Ran. ^ho Cucamonga. 2. In addition, tLe City finds that a Development/Design Review process will support the implementation of the General Plan, as it stresses quality community design standards. The City further finds that the quality of certain residential institutional, commercial, and industrial uses has a substantial impact upon the visual appeal environmental s oundness, economic stability, and property values of the City. This Section is not intended to restrict imagination, innovation or variety, but rather to focus on community design principles which can result in creative imaginative solutions for the project and a quality design for the City. It is, therefore, die purpose of this Section to: (a) Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit. (b) Encourage the orderly and harmonious appearance of structures atu9 property within the City along with associated facilitiess stich as signs, landscaping, parking areas, and streets. (c) Maintain the public health, safety and general welfare, and property throughout the City. (d) Assist private and public developments to be riore cognizant c•f public concerns for the aesthetics of development. (e) Reasonably ensure that new developments, including residential institutional commercial and industrib! developments, do not have an %e,vexse aesthetic, health, safety or architecturally related impact uoon existing adjoining properties, or the City in general. (f) implement those sections of the City's General Plan which specifically refer to the preservation and enhancement of the particular character and unique assets of this City and its harmonious development. -57- Section 3.1 (g) minimizing the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained. (h) Preserving significant topographic features, including rock outcroppings, native plant materials and natural hydrology wt also encouraging improved drainage from lots directely to a street, storm drain, or through public or privately maintained easement. (i) Limiting the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas. (j) Encouraging the use o'I a variety of housing styles, splitlevel grading techniques, varied lot sizes, site design densities, maintenance of eiews and arrangement ani spacing to accomplish grading policies. (k) To help emcee chat adequate school facilities for all existing and fuAos residential dewelopment in Ow City are peavided. (p To help insure that aedegwte levels of laic services are provided for existing anrrI fwb" development in the City. (m) To encourage orderly development of residences within areas more wily 3mv d by pubic services. (re To encourage tiro development of master pkpwd projects which provide the service needs of the remdents of these P%iects. (o) To encourage use of energy conservation techniques in new residential development. E. Projects Requiring Development /Design Review 1. An application for Development /Design Review is required for commercial, industrial, institutional, and residential projects with fddf 1c(Fi five (S) or more dwelli units (See Section .3 ), involving the issuance of a building permit or construction or reconstruction of a structure which :meets the following criteria: (a) New construction on vacant property. (b) Structural additions or new buildings which are equal to 50% of the floor area of existing on -site building(s), or have a minimum 10,000 sq. ft. in size. (c) Reconstruction projects which are equal to 50% of the floor area of existing on -site building(s), or have a minimum 10,000 sq. ft. in size, (d) Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant, or the conversion of a residential structure to an office or commercial use. :J i -1 -M 11 Section 3.1 2. Projects of a limited size and scope which do not meet the above criteria may require an application fcr rdinor Development Review as defined in Section 3.2. Z. Residential construction Involving four (4) or less dwelling units orre subject to Design Review. The City Plaraner shill review tim project for compliance with the design comdderdtiOw tgratairtal in Section 3.I & The City Plawter may request modifications based on the demgrn cra --ma or may refer the project to the Des4pn Review Committce. C. Authority 1. Ptaruung Commission Review.- Developnnent /Design Review applications which meet any of the ,ollowi% criteria shall require review and consideration by the Planning Co r_�rinsion: (a) Any project being proposecr along Foothill Boulevard, Haven Avenue, or any other Special Boulevards, as described on the General Plan; and (b) Projects which fall within the sensitive land use areas, or sensitive environmental StddP areas; and (c) All projects which are master planned. As prescribed in Chapter 11, Master Plans, once the master plan has been approved by the Planning Commission and does not fall on a special boulevard may be approved by the City Planner. (d) All additions that exceed 50% of the existing structure and meet requirements of 1 and 2 shall require Planning Commission approval- (e) All projects requiring an EIR shall require Planning Commission reviews. (f) All residential projects of more than four (4, dwelling units. The planning Commission is authorized to approve or deny applications and to impose reasonable conditions upon such approval, subject to the right of appeal. Conditions may include, but shall not be limited to requirements for open spaces, screening and buffering of adjacent properties, fences, w- walls; requirements for installation and maintenance of landscaping a erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; ragula *ion of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Commission to make the findings required by Section 3.2 F. —59- Section 3.1 2. Ctity Pl amer Review: Development!Design Review applications which do not require Planning Commission review as described above shall be subject to review and approval by the City Planner. Although, if in the opinion of the City Planner the :application involves inuszal. site development requirements or uni lie o erati characteristies or raises Guest :oils of development policy substantia;ly more si " icant tlian generally pertain to applications for development review and which require Planning Commission consideration, the City Planner shall refer the application to the Planning Commission. The City Planner may, contingent upon environmental clearance by the Planning Commission, grant approval or grant approval in a modified form or subject to conditions, or may deny the application. Conditions may include, but shall not be limited to; requirements for open spaces, screening and buffering of adjacent properties, fences and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and 'traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development s&.edules or time limits ".x performance or completion; and such other conditions as the City Plannex may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the City Planner to make the findings required by Section 3.2 F. 3. The Development, Design and Grading Review Committes:s are hereby established to be advisory to the planning Commission and the City Planner in areas of Development, Design and Grading issues. D. Application An application for Development/Design P.° -view shall be filed with the P:annuig Division in a manner prescribed by the City Planner. E. Development /Design Review Procedure 1. Scheduling for Committee Review. Upor. acceptance of a complete application for Development Review, a project shall be set on the fist available agenda for Committee reviews. The Committees meet twice a W,6¢jk month with the exact times and dates determined by the City Planner. The applicant and till JAW "t" $00"Cny persm teqveuthv notice will be notified at least ten (10) days prior to the meetings. 2. All development proposals submitted pursuant to this Section are initially reviewed by the Development, Design, and Grading Committees. (1) (Design Review Committee) architecture and site planning; (2) (Grading Committee) grading and drainage; an' (3) (Development Review Committee) compliance with technical code requirements. Each committee shall make a recommendation on each project for consideration by - Planning Commission or City Planner, if applicable. 0 ZIM E Section 3.1 3. Desiy,_Review Committee. The Design Review Committee shall comprise of three members. One shall be the City Planner and two shall be members of V. a Planning Commission. The Planning Commission :ihr:li elect two of its members to the Design Review Con,.. °ttee. The City Planner shall be the secretary of the DRC. Of the first two coll....'- `— members appointed, one shall have a term of six months and the other shall have term of twelve months. Thereafter, all terms shall be twelve months. The Design Review Committee slad meet as needed. The time and place of suet, meeting shall be set by resolution of the Planning Commission. Review and a.Wysis by the Design Review Committee will consider design elements, such as, but not limited to, compatibility of the project to surrounding properties; relationship of the design and layout of the project to the site; a chitectural design and use of materials; b ading; landscaping; screening an i buffering techniques of adjacent properties; signs; and open space. This = ommittee will determine if the project adequately meets City design guidelines and standards, and will &Ginn ft an approPriaw reconta aukrtion t eMw the City Planter or Plo>'ati W Commission. If at 4010 " 1'600f 'N' flit Pabdhdn U" *M #b,5dift,6164 40Wfil 6f at WWI M at Fuuithiti$ 06dn>isM9511 if the project is found to be not acceptable by the Committee, the City Planner will inform the applicant of the design issues and may suggest possible alternatives which would improve the design of the project. The Committee will then direct the applicant to return to the Committee with the revisions and/or work with Staff to resolve the concerns prior to final approval by either the Planning Commission or City Planner. The Design Review Committee shall, in review of projects covered by this Section, consider such design aspects as the relationship of building to site; the relationship of building and site to surrounding area; landscape and site treatment; building design and materials; signs; and miscellaneous structures and street furniture. The recommendation of the Design Review Committee will be based upon the project conforming to the following criteria: (a) The Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan and any adopted `architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, comnnunity plan, boulevards, or planned developments. (b) 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. (c) The architectural design of the proposed development is compatible with the nharacter of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by this Section arid the General Plan of the City. �1- Section 3.1 (e) Within residential developments, grading magi. be planned in such a way so as to preserve and enhance vistas, particulariy those seen from public places. Also, natural ridgelines must be reserved as a backdrop V or homes and units must be plotted to conceal created slopes wherever possible. Cf3 To property lines _ha -_hall be be located at he op of othed lope aestheticS Prof -►'tY revegetadon must be installed by the developer. F. Findings The planning Commission or City planner, where mxawrized,shFu make the following findings before approving a Development Review, application: G. 3. That the proposed project is co:siste.1t with the General Plan; and 4. That the proposed use is in aecord with the objective of the Development Code and the purposes of the district in which the site is located. 5. That the proposed use is in compliance w-th each of the applicable provisions of the Development Code; and 6. That the proposed use, together with the conditions applicable thereto, will not be detriment&I to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and application for a Temporary Use Permit use or the same or sub,tantiallY the same the date of denial. df tdid "Udikl itbid¢jUdzh Following the denial df FEq;Wk—pmerrt Review application, no for the same or substantially the same site shall be filed within one year from IU EAfdfdbds&U id ufdfdddidAt #KM t54 hi 46e1ifdaii+66 A.HA thi TWO "diOu 066 000& Eiudd 6i"*O"tt i �diluj %*UK"t ridif ow b � ouvptd�b;tTdd 4f tY�ii 71 VffWM ,Hate 11 TKI Ud d&i df iris. "SUAAifg ¢ddim"i € 0 U effeetm� MA U61 UMI'do dKo After Mi due df 04 >sidtufid$ 26dida am de ja&i *00 000044 id A -63- Section 3.2 Section 3.2 Minr%r Development Review is A. Purpose and intent The purpose, and inter_t of the Minor Development Review process is L:, provide far the A4ministrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic Iafi §dt'U fmplieatiouand do nat create any significant impact on public utilities or services. The Minor -' -elopment Review process is to assure that such limited projects comply with aii applicable city standards and ordinances, and are not detrimental to the public health, sa'Iety, or welfare, or materially injurious to properties or improvements in the immediate vicinity. 11 B. Authority The City Planner is authorized to approve Minor Development Review applications or deny applications and to impose reasonable conditions upon such approval- Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls. and screening; requi^ements for installation and maintenance of lalds•vtping snd erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the City Planner may deem necessary to make the findings required in Section 3.2 F. C. Projects Requiring Minor Development Review A l applicatiors for Minor Development Review are required for residential, commercial, i ?Austrial, and institutional projects which may or may not involve the issuaner of a building permit for construction or reconstruction of a structure which me•.ts the following criteria: 1. Structural additions which do not result in ar. increase of more than 50% of the floor area of the e--tisting building or 10,000 square feet, whichever is less. 2. New structures not visible from public view and located on the same assessor's parcel as an existing business or institution. Said structures shall not result in an increase of more than 50% of the floor area of the existing buildings, or 10,000 square feet, whichever is less. 3. New construction, expansion, or significant reconstructior_ of parldng lots. 4. The establishment and/or construction of an outdoor storagFe area on the same site as, and in conjunction with, an existing business. 5. The construction and/or placement of silos, satelite disns, antennas, water tanks, roof or ground mounted equipment visible from public view, or similar structures and equipment as determined by the City Planner. Bl 2Ya46 60 1616alutAfilm 61 "t kfdx %" Of fdtidwovia t $bfdauid I"A AM IA AAI d,t 960dxdiv 060>r=il -64- Section 3.2 D. Applications An application for a Minor Development Review shall be filed with the Planning Division in a manner prescribed by the City Planner. E. Development /Design Review Applications involving the -construction of new buildings or building additions may be referred to the Development /Design Review Committees for further review, as provided fo:- in Section 3.1. F. Findings The City Planner shall make the following findings before granting approval of a Minor Development Review application: I. That the proposed project is consistent with the objectives of the Development Code, and the purposes of the district in which the site is located. 2. That the proposed project together with the eondit ons applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed project is in compliance with each of the applicable provisions of the Development Code. 4. That the Freposed project is consistent with the General Plan. 0,4 10 066difdi Il 1A[fdfUOW1ii W 16AMA it" ANAU 1595 ki Al!"M$t" *UK 06 O -AWOMW Ofdkbdiifdd WOW" Set'iidd Wddt Wdr"d�OW Alf A fld1 MSA df MY ON"Wif odfiuoi dt Oa7wooli df i6t om id Eddsgt OUK DLit e15A OU df ANfd O M W60 -0#16 Diiid Id A 016"dti a 016 =1 Fit(r Ao diAt " b1b16w" *=It 1d wifdw dill its 06 F1s`+firiW 0644 �Wwdfi S$ iiid b $lidtirL df +firm diYidf riggtddaiEd pidr€drf tip ffd>; b#d hi ShW16A G. New A lications foRowi Denial df it6*64tlldri. Following the denial df o a WoaftporM Vft rouW MEOFD_ev_zIFWnent Review application, no application for a Temporary Use Permit for the same or substantially the same use or the same or substantially the same site shall be filed within one year from the date of denial. df fc #6"Ut6;V i -65- 11 LI Section 3.3 Residential Growth Management Review System A. Scope and Exemptions. This'Se *_;on shah apply to an residential development projects which will result in the subyivision of residential lots and /or L'ie construction of new residential dwelling limits, and mobile home parks. however, the following projects shall be specifically exempt from the provision of thir. Section: 1. Single- family, duplex and triplex developments involving a total of four units or less provided that any such application on a parcel shall be on a one tine basis only for a two year period from the date of issuance of a building permit for the last unit on the parcel. 2. Residential land divisions involving four lots or less provided that any such application on a parcel having the same zoning district shat' ye or. a one time basis only for a two year period from the date of issuance of a oailding permit for the last unit cf the project. Subdivisions for the sole purpose of separating different zoning districts shall be exempt from the provisions of the ordinance codifying this chapter. Further divisions of the residential portion of such subdivisions shall be subject to the provisions of Lie ordinance codifying in this chapter. 3. Government subsidized senior citizen housing projects. 4. Renewable building permits issued prior to the effective date of this Code. 5. Condominium conversions of dwelling units built prior to the effective date of this Code. 6. Tentative Tract maps approved prior to the effective date of this Code. 7. Conditional Use Permit or Development Review applications approved prior to the effective date of this Code. B. Evaluation 1. General. All residential development projects not specifically exempted, shall be processed under this review procedure. The development potential of any site shall be evaluated on its own merits —size, shape, location, natural features and project design - -based upon the specific design criteria contained in this Section. 27m review or each Project shaU ToUow the Development/Design Review process descrulm d in Section 31. 2. Tvves of Criteria. This review procedure contains Of f6#1Ev6 l criteria t:at are bfi52,'a i L^" ter: r ty tije^* °es w pressed General Plan policies. Each of these criteria are used together in conjunction with the Development /Design Review oi"6 `# CQr131deratioru as described in Section 3.1. These criteria are: -66- Section 3.3 (a) Absolute Policies. These are absolute requir- -pants each project must satisfy before approval can be granted. me absolute policies have been developed in response to the most critical issues associated with residential development. These include fissuring neighborhood compatibility, compliance with adopted plans, adequacy of public facilities and services, and protection of the public environment and public health. TKO OUt UUdU 00 646$1 dit t¢#bddfdbti 011;�jtt wydc'19 if 60#tduiW Ah fbt ku twdMuld 0*060d:#tifd Tlte.4e we crontainOd in Chcpter 4, Residential Districts. (b) Development Standards. These are the development standards dealing with minimum requirements for setback, lot area, building height, open space, etc. The specific development standards which a project must satisfy are dependent upon the base zoning district. The development standards are contained in Section 4.4. (c) Design Guidelines. The guidelines are based upon community design goals as expressed in the General Plan and encourage the orderly and harmonious appearance of structures and property including neighborhood compatibility, site planning, architecture and landscaping. The guidelines are intended to be flexible enough to allow individual expression and innovation within a framework of an established high standard for design quality. The design guidelines are contained in Section 4.8. Application Procedure An application for Residential Development Review shall be filed with the Planning Division on a form prescribed by the City Planner. D. Public Hearing 1. The Planning Commission shall hold a public hearing on all Residential Development Projects. Subdivision Maps shall be heard simultaneously. Upon completion of the public hearing, the Planning Commission shall approve, conditionally approve or deny the application. if the Planning Commission denies the application, their decision shall be final unless appealed to the City Council within ter. (10) calendar days (see Section 1.8y. 2. The Planning Commission may alter the Development Plans and%or subdivision and impose such restrictions and conditions as it may deem necessary to ensure that the project will be in harmony with the intent and purposes of this section and with the adopted plans and policies of the City and/or guidelines as approved by the Planning Commission. E. Findings. The Planning Commission shall make the following findings before approving a Residential Development Project. I. The project is consistent with all applicable general and specific plans. 2. The design or improvements of the project are consistent with all applicable general and specific plans. 3. The site is physically suitable for the type of development proposed. 0 -67- LJ Eli Section 3..3 4. Ttw design of the project is not likely to cause substantial, environmental .ia.mage and avoidable injury to humans and wildlife or their habitat. s. The project is nct Lkely to cause serious public health problems. 6. The design of the project will not conflict with any easement acquired by the Public at large, now of record, for access through or use of the property within the proposed [.oject. 7. That this project will not create adverse impacts on the enAronment. F! No* Ii661f6ja6v, I! rd"' ht 1}1¢ slOWAX 6t fE*6> AU,56 Of 6 I,16t mt i ,OM i"6tOi1 ILO.. e isle d 6 tf 6"o 61Yi66Mdi6 6t IWxA AJt606 MM6 ti16 tYuZ t56 tUM >,kd.zVJJ 6d6 00 ft6di IN Wo 6f ONO 6t tdWstMAI G. )dr116 "MIhdt Il ]xtif6tE6d�6tif AY4W U hi 66" dAAOE *U% 1K6 6tif6todd,& 1 Ot66641W" Hu bPuom M $6000511 U13 fdt Ii t161d061i Of AAt 40161616 OW06d 6f IM tddt36A 6t MOO 16 "dkSt *10 Mt E6ddr116r1>; 6f 001:6 eW -68-