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HomeMy WebLinkAbout867 - Ordinances ORDINANCE NO. 867 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00205, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 28, 2014, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 14-15, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On July 2, 2013, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on July 2, 2013, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City desires to adopt a supplemental update to the Development Code in order to(i)reinstate development standards that were unintentionally omitted; (ii)correct technical errors; (Hi) streamline the development review process; and (iv) clarify existing regulations; and b. The City has prepared a set of amendments(the"Amendments"),which is included as Attachment 1. SECTION 3: The City has prepared Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council finds that the Negative Declaration complies with the California Environmental Quality Act, its Ordinance No. 867— Page 1 of 49 implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively"CEQA"). SECTION 4: The City Council hereby adopts the Amendments to the Development Code attached to this Ordinance and incorporated herein by reference as Attachment 1. SECTION 5: The Council hereby directs the City Clerk to make all necessary, non-substantive conforming revisions to the Municipal Code necessary to codify this Ordinance, including, but not limited to, clerical corrections to section numbers, table and figure references, and cross references. SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause a Summary of this Ordinance to be published in the manner prescribed by law. Ordinance No. 867 — Page 2 of 49 PASSED, APPROVED, AND ADOPTED this 16th day of July 2014. AYES: Alexander, Spagnolo, Steinorth, Williams NOES: None ABSENT: Michael ABSTAINED: None , --i_ � ,f l L. Dennis Mich.", Ma r ATTEST: U( fnice C. Reynol City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 2nd day of July 2014, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of July 2014. Executed this 17th day of July 2014, at Rancho Cucamonga, California. 4 , A - U J:nice C. Reyno:s, City Clerk Ordinance No. 867— Page 3 of 49 Rancho Cucamonga Development Code Article I, Chapter 17.04 Chapter 17.04 Administrative Responsibility Sections: Section 17.04.010 Purpose 17.041 Section 17.04.020 Planning Agency 17.04-1 Section 17.04.010 Purpose The purpose of this Chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., Planning Director, Planning Commission, City Council)for purposes of this Title. Section 17.04.020 Planning Agency California Government Code §65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by the Title, shall be carried out by the following bodies. In the absence of an assignment, the City Council shall retain responsibility and authority as the legislative body of the City. A. Planning Director. The Planning Director, or designee, shall have the responsibility and authority to administer and enforce this Title as follows: 1. Application Process. Receive and review all applications for development pursuant to this Title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports to the Development Review Committees, Planning Commission, Historic Preservation Commission, and City Council. 2. Interpretation. Interpret the provisions and advise the public on the requirements of this Title. 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 permits are in full conformance with its requirements. 5. Coordination. Refer and coordinate matters related to the administration of this Title with other agencies and City departments and provide information on the status of all development permits. 6. Authority. Serve as the administrative zoning body and exercise that authority set forth in Government Code§65900 et seq. 17.04-1 Ordinance No. 867—Page 4 of 49 Article I, Chapter 17.04 Rancho Cucamonga Development Code GB Design Review Committee. The Design Review Committee is responsible for reviewing the architecture (including material, finish, colors, and trim), site layout, building plotting, landscaping, compatibility with surrounding properties, and, when appropriate, signs, of new development. The committee's emphasis is on quality design in the community as described in the City's General Plan and this Title. The Design Review Committee consists of two Planning Commissioners and the Planning Director (or his or her designee). _ Technical Review Committee. The Technical Review Committee ensures a project conforms to adopted building and engineering standards. The Technical Review Committee consists of representatives from Planning, Engineering. Public Works and Building and Safety departments, as well as the Rancho Cucamonga Fire District. Representatives from outside agencies, such as the Cucamonga Valley Water District (CVWD), also provide comments. The focus of their review includes, but is not limited to, public improvements(such as streets, curbs, gutters), access to and from the public right-of-way and the project site, utilities, emergency access and circulation, fire hydrant locations, and landscaping in the public right-of-way. F Trails Advisory Committee. The Trails Advisory Committee is composed of two members of the Planning Commission and one member of the Planning Department, as well as equestrians and bicyclists. The Committee meets monthly to discuss and provide recommendations to the City Council on the development of the City's trail system. F.F,__ City Manager. The City Manager or designee shall oversee the work of the Planning Director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. G.F. Planning Commission. Pursuant to California Government Code §65101, and as provided in Chapter 2.20, the City of Rancho Cucamonga has an established Planning Commission. The Planning Commission shall have the following land use responsibilities: 1. Hear and decide applications for entitlements as provided in Article II (Land Use and Development Procedures). 2. Initiate studies of amendments to this Title and make recommendations to the City Council for amendments as provided in Article II (Land Use and Development Procedures) and in Government Code §65853. 3. Hear and make recommendations to the City Council on applications for zoning amendments, the General Plan and amendments thereto, Specific Plans, prezoning, and other related planning studies. 17.04-2 Ordinance No. 867 — Page 5 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.16 Chapter 17.16 Planning Director Decisions Sections: Section 17.16.010 Purpose and Applicability 17.16-1 Section 17.16.020 Official Code Interpretations 17.16-1 Section 17.16.025 Director Determination Process (with Notice) 17.16-2 Section 17.16.030 Plan Check/Zoning Clearance 17.16-2 Section 17.16.040 Home Occupation Permit 17.16-3 Section 17.16.050 Sign Permit 17.16-4 Section 17.16.060 Uniform Sign Program 17.16-4 Section 17.16.070 Temporary Use Permit 17.16-5 Section 17.16.080 Tree Removal Permit 17.16-6 Section 17.16.090 Similar Use Determination 17.16-10 Section 17.16.100 Site Development Review 17.16-11 Section 17.16.110 Minor Exceptions 17.16-13 Section 17.16.120 Conditional Use Permit 17.16-14 Section 17.16.130 Minor Design Review 17.16-15 Section 17.16.140 Hillside Development Review 17.16-18 Section 17.16.150 Reasonable Accommodation 17.16-23 Section 17.16.160 Large Family Day Care Permit 17.16-26 Section 17.16.010 Purpose and Applicability The purpose of this Section is to establish procedures for planning and zoning related permits that are decided administratively by City staff or the Planning Director. Each permit and entitlement type is described in this Article in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.14 (General Application Processing Procedures). Table 17.14.060-1 (Approving Authority for Land Use Entitlements) provides a summary of the administrative and Planning Director permits and entitlements and indicates whether the decision may be appealed. Section 17.16.020 Official Code Interpretations A. Purpose and Applicability. The Planning Director may issue official code interpretation pursuant to this Section when, in his or her opinion, the meaning or applicability of any provision of this Code is ambiguous, misleading, or unclear. The purpose of such interpretations is to disclose the manner in which this Title shall be applied in future cases, provided that any interpretation may be superseded by a later interpretation when the Planning Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.The Planning Director may issue an official interpretation or refer the question to the Planning Commission for a determination. B. Review Process. 1. Official code interpretations shall be issued in writing and shall state the facts upon which the Planning Director relied to make the determination. 17.16-1 Ordinance No. 867 — Page 6 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.16 D. Findings. The Planning Director shall make a Similar Use Determination after finding all of the following. If the Planning Director does not make all of these findings, he/she shall not make the Similar Use Determination: 1. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district. 2. The proposed use will be consistent with the purposes of the applicable zoning district. 3. The proposed use will be consistent with the General Plan, any applicable Specific Plan, and the Development Code. E. Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The Department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing,to the applicant and interested parties.The notice shall include: 1. A brief statement explaining the criteria and standards considered relevant to the decision. 2. A statement of the standards and facts relied upon in rendering the decision. 3. An explanation of appeal rights and appeal deadlines. Section 17.16.100 Site Development Review A. Purpose.The purpose of Site Development Review is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services and to ensure that such limited projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the immediate vicinity. B. Applicability. All applications for Site Development Review are required for residential, commercial, industrial, and institutional projects, which may or may not involve the issuance of a Building Permit for construction or reconstruction of a structure, which meets the following criteria: 1. Residential Projects. The following residential projects require Site Development Review: Modification to approved architectural designs and building configurations for multifamily development, which do not create greater bulk, scale, or change in the line of sight; Residential additions equal to or greater than fifty percent (50%) of the existing square footage. 17.16-11 Ordinance No. 867 — Page 7 of 49 Article II, Chapter 17.16 Rancho Cucamonga Development Code Architectural changes which duet-change the basic form and theme; Exterior material or color changes which conflict with the original form and theme and which are not consistent and compatible with the original materials and colors; iv v. New construction, expansion, reconfiguration or significant reconstruction of driveways. Installation of a satellite dish or antenna greater than twenty(20)square feet in surface area. 2. Commercial, Industrial, and Institutional Projects. The following commercial, industrial, and institutional projects require Site Development Review: Changes to gross floor area of existing buildings or approved design plans which do not result in more than a 10 percent change; ii. New construction, expansion, reconfiguration or significant reconstruction of parking lots or driveways. iii. Modification to approved architectural designs and building configurations, which do not create greater bulk, scale, or change in the line of sight. iv. Modifications to approved plans, which do not change the general location and layout of the site. v. The establishment and/or construction of an outdoor storage area on the same site as, and in conjunction with, an existing business that is less than ten percent (10%) the gross floor area of the primary use. vi. The construction and/or placement of silos, antennas not regulated by Chapter 17.106, water tanks, roof- or ground-mounted equipment visible from public view, or similar structures and equipment. vii. Grading alterations to approved plans that do not change the basic concept, increase slopes or building elevations or change the course of drainage. viii. Modification to existing landscaping or landscape plans in excess of five thousand (5,000) square feet. ix. Architectural changes which do not change the basic form and theme. x. Exterior material or color changes which do not conflict with the original form and theme and which are consistent and compatible with the original materials and colors. xi. Modifications to existing site features (e.g., trellis, pergola, water features). 17.16-12 Ordinance No. 867 — Page 8 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.16 approval as pursuant to Subsection 17.14.060.0 (Referral to the Planning Commission). D. Findings. The Director shall approve, or approve with conditions, an application for a Conditional Use Permit after finding all of the following. If the Director does not make all of these findings, he/she shall deny the Conditional Use Permit: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. 2. The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. E. Conditions. In approving a Conditional Use Permit, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. Section 17.16.130 Minor Design Review A. Purpose. This Section establishes a Minor Design Review process for certain types of residential, commercial, industrial, and institutional development proposals to facilitate project review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the General Plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Rancho Cucamonga. B. Applicability. Minor Design Review is required for commercial, industrial, institutional, and residential projects that meet any of the following qualifications: 1. Commercial, Industrial, and Institutional Projects. The following commercial, industrial, and institutional projects require Minor Design Review: i. New construction on vacant property, where the buildings are less than ten thousand (10,000) square feet in area. iii. Structural additions or new buildings which are less than fifty percent (50%) of the floor area of existing on-site building(s), or are less than ten thousand (10,000) square feet. 17.16-15 Ordinance No. 867 — Page 9 of 49 Article II, Chapter 17.16 Rancho Cucamonga Development Code iii. Reconstruction projects which are less than fifty percent (50%) of the floor area of existing on-site building(s), or are less than ten thousand (10,000) square feet. 3-iv. Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant. 4. Residential additions equal to or greater than fifty percent(50%)of tho existing square footage. 2. Residential Projects. The following residential projects require Minor Design Review: Residential construction involving four (4) or less dwelling units. Projects involving a substantial change or intensification of land use, such as the conversion of a residential structure to an office or commercial use. 6. Projects involving a substantial change or intensification of land use, such ac the conversion of an existing building to a restaurant, or the conversion of a residential structure to an office or commercial use. C. Review Process. 1. An application for a Minor Design Review shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. 2. The Planning Director shall be the approving authority for Minor Design Reviews. The procedure for review and action shall be as provided in this Section. 3. All development proposals submitted pursuant to this Section may be reviewed by the following committees: (1) Design Review Committee—architecture and site planning; (2) Grading Committee grading and drainage; and (23) Technical Review Committee —compliance with technical code requirements. If reviewed by any or all of the aforementioned committees, each committee shall make a recommendation on each project for consideration. 4. Upon acceptance of a complete application, projects subject to section 17.16.130 F 3 shall be scheduled on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 5. The Design Review Committee shall review the project design submittals and make recommendations to the Planning Director based on: Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for 17.16-16 Ordinance No. 867 — Page 10 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.16 specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 6. Grading Committee. The Grading Committee will consider items such as, but control, retaining walls, and the effect of proposed grading on adjacent guidelines and policies. The decision of the Grading Committee will bo . the City's Hillside Development Regulations, Chapter 17.52 (Hillside Development Standards). 7-6. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, California Building Code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. The committee may also make recommendations to the Planning Director. D. Findings. The Planning Director, where authorized, shall make the following findings before approving a Minor Design Review application: 1. The proposed project is consistent with the General Plan. 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. 3. The proposed use is in compliance with each of the applicable provisions of the Development Code. 17.16-17 Ordinance No. 867 - Page 11 of 49 Article II, Chapter 17.16 Rancho Cucamonga Development Code 4. 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. E. Conditions. In approving a Minor Design Review, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. Section 17.16.140 Hillside Development Review A. Purpose. The Hillside Development Review process provides a mechanism to review development proposals in sensitive hillside areas, the intent is to minimize the adverse effects of grading, and to provide for the safety and benefit the welfare of the citizens of Rancho Cucamonga while allowing for reasonable development of land. B. Applicability. All projects within the Hillside Overlay District and any properties with an eight percent (8%) slope or greater, including but not limited to: 1. Construction of one or more single-family homes. 2. Proposed lot development in conjunction with a Tentative Subdivision Map. 3. Proposed lot development in conjunction with a General Plan or Development Code Amendment. 4. _ ..• _ __ ••• -- _-e Design Review Committee review are-is required and ore is advisory to the Planning Director. C. Exceptions. Projects, which are limited in scope, (e.g., regrading of yard areas, pool/spa construction, additions to existing structures, and/or construction of accessory structures which are less than nine hundred sixty [960] square feet) may apply for a Minor Design Review. However, projects which require grading of large flat areas, including, but not limited to, such items as tennis courts or riding rings, shall require a Hillside Design Review application. D. Application. An application for a Hillside Design Review shall be made on a form specified by the Planning Director and shall include, at minimum: 1. A natural features map,which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. 2. A conceptual grading plan, which shall include the following items in addition to those required by the City's Submittal Requirement Checklist: A legend with appropriate symbols which should include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations, and change in direction of drainage. 17.16-18 Ordinance No. 867 — Page 12 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.16 ii. A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. Hi. Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown according to the following schedule: a. Natural slope of nineteen point nine percent (19.9%) or less requires two-foot(2') contours; b. Natural slope of twenty percent (20%) or greater requires five- foot(5') contours. 3. A conceptual drainage and flood control facilities map describing planned drainage improvements. 4. A slope analysis map for the purpose of determining the amount and location of land, as it exists in its natural state falling into each slope category as specified below. For the slope map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor, which shall have a scale of not less than one inch (1")to one hundred feet(100') and a contour interval of not more than two feet (2') provided that the contour interval may be five feet (5') when the slope is more than twenty percent (20%). This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries. Delineate slope bands in the range of zero (0) up to five percent (5%), five percent(5%) up to ten percent(10%),ten percent(10%) up to fifteen percent (15%), fifteen percent (15%) up to twenty percent (20%), twenty percent (20%) up to twenty-five percent (25%), twenty-five percent (25%) up to thirty percent(30%), and thirty percent(30%) or greater. Also included shall be a tabulation of the land area in each slope category specified in acres. 5. The exact method for computing the percent slope and area of each slope category should be sufficiently described and presented so that a review can be readily made. Also, a heavy, solid line indicating the eight percent (8%) grade differential shall be clearly marked on the plan, and an additional copy of the map shall be submitted with the slope percentage categories depicted in contrasting colors. 6. Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of three (3) slope profiles shall be included with the slope analysis. The slope profiles shall: Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map. 17.16-19 Ordinance No. 867— Page 13 of 49 Article II, Chapter 17.16 Rancho Cucamonga Development Code ii. Show existing and proposed topography, structures, and infrastructures. Proposed topography, structures, and infrastructures shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line. iii. The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least one hundred fifty feet (150'). iv. The profiles shall be drawn along those locations of the project site where: a. The greatest alteration of existing topography is proposed; b. The most intense or bulky development is proposed; c. The site is most visible from surrounding land uses; and d. At all site boundaries illustrating maximum and minimum conditions. At least two (2) of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a forty-five (45) degree angle to the other slope profiles and existing contour lines. 7. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified consistent with provisions of this Chapter. 8. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required in order to help in the determination of the buildable area of a site. 9. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures, and open spaces. 10. In the event that no grading is proposed, e.g., custom lot subdivision, a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design, and septic system location for each parcel proposed,to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. 17.16-20 Ordinance No. 867— Page 14 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.16 11. When unit development is proposed, illustrative building elevations that show all sides of the proposed structure(s) and which accurately depict the building envelope for each lot shall be provided. 12. The following items may be required if determined necessary by the Gra4iag Cemmittee,Planning Director, or Planning Commission to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both: A topographic model; ii. A line of sight or view analysis; iii. Photographic renderings; iv. Any other illustrative technique determined necessary to aid in review of a project. 13. Exceptions to the filing requirements may be permitted by the Planning Director based on the size and scope of the project. E. Review Process. 1. The Planning Director shall be the approving authority for Hillside Development Reviews. The procedure for review and action shall be as provided in this Section. 2. Scheduling for Review. Upon acceptance of a complete application, a project shall be scheduled on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 3. All development proposals submitted pursuant to this Section may be reviewed by the Technical and-Design, and Grading Review committees: (1) Design Review Committee — architecture and site planning; and(23)Technical Review Committee—compliance with technical code requirements. If reviewed by any or all of the aforementioned committees, each committee shall make a recommendation on each project for consideration. 4. The Design Review Committee shall review the project design submittals and make recommendations to the Planning Director based on: Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, 17.16-21 Ordinance No. 867 — Page 15 of 49 Article II, Chapter 17.16 Rancho Cucamonga Development Code existing, or future developments, and will not create traffic or pedestrian hazards. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 5. Grading Committee. The Grading Committee will consider items such as, but control, retaining walls, and the effect of proposed grading on adjacent guidelines and policies. The decision of the Grading Committee will be • forwarded to the Planning Director and will be based on criteria contained in the City's Hillside Development Regulations, Chapter 17.52 (Hillside Development Standards). Gv5. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, California Building Code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. The committee may also make recommendations to the Planning Director. F. Findings. The Planning Director, where authorized, shall make the following findings before approving a Hillside Development Review application: 1. The proposed project is consistent with the General Plan. 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. 3. The proposed use is in compliance with each of the applicable provisions of the Development Code. 4. 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. G. Conditions. In approving a Hillside Development Review, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings 17.16-22 Ordinance No. 867 — Page 16 of 49 Article II, Chapter 17.16 Rancho Cucamonga Development Code 2. A certificate of occupancy has been issued; 3. The use is established; or 4. A time extension has been granted. L. Time Extension. The Planning Director may approve a single one (1) year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the Director no less than thirty (30) days or more than ninety (90) days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. M. Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. N. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the Planning Director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Zoning Code, or(2)the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. O. Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this Title. P. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. Section 17.16.160 Large Family Day Care Permit A. Purpose. The requirement of a Large Family Day Care Permit ensures that large family day cares in residential neighborhoods are compatible with the surrounding 17.16-26 Ordinance No. 867 — Page 17 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.16 neighborhood character. The Planning Director is authorized to approve, impose reasonable conditions upon such approval, or deny Lame Family Day Care. B. Applicability. This Section applies to all Large Family Day Cares, as described in Section 17.32 (Allowed Use Descriptions). C. Review Process.An application for a Large Family Day Care Permit shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. The Planning Director is the approving authority for Large Family Day Care Permits. However, the Planning Director may also refer a Large Family Day Care Permit to the Planning Commission for review and approval as pursuant to Subsection 17.14.060.0 (Referral to the Planning Commission). Upon acceptance of a Large Family Day Care Permit application, the Planning Director or a designated representative shall review the request for compliance with all State and Local standards. D. Public Notice. The Planning Director shall, not less than ten (10) days before rendering a decision, provide for public comment through notice to adjacent property owners of the pending application pursuant to Subsection 17.16.025 (Director Determination Process). E. Findings. A Large Family Day Care Permit shall be granted only when the Planning Director determines that the proposed Large Family Day Care complies with all of the following findings: 1. The proposed home occupation is consistent with the General Plan, any applicable Specific Plan or Planned Community, and all applicable provisions of this Title; 2. The proposed Large Family Day Care is consistent with all applicable State and Local laws and ordinances; and 3. The establishment, maintenance, or operation of the Large Family Day Care applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. F. Conditions. In approving a Large Family Day Care Permit, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. 17.16-27 Ordinance No. 867 — Page 18 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.20 Chapter 17.20 Planning Commission Decisions Sections: Section 17.20.010 Purpose 17.20-1 Section 17.20.020 Entertainment Permit 17.20-1 Section 17.20.030 Variance 17.20-3 Section 17.20.040 Design Review 17.20-4 Section 17.20.050 Adult Entertainment Permit 17.20-8 Section 17.20.010 Purpose The purpose of this Chapter is to establish permits and entitlements that are decided by the Planning Commission. Each permit and entitlement type is described in this Chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in Chapter 17.14 (General Application Processing Procedures). Section 17.20.020 Entertainment Permit • A. Purpose. The purpose of an Entertainment Permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety. B. Applicability. No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this Chapter. C. Exceptions. The provisions of this Chapter shall not be deemed to require a permit for any of the following: 1. Use of a radio or other electronic playback device, except when utilized by an announcer or disc jockey whose live performance consists of selecting or manipulating prerecorded selections of music or other sounds. 2. Entertainment provided for members and their guests at a private club where admission is not open to the public. 3. Entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground. 4. Entertainment conducted by or sponsored by any bona fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic, or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three (3) month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society, or association. 17.20-1 Ordinance No. 867— Page 19 of 49 Article II, Chapter 17.20 Rancho Cucamonga Development Code Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. ii. 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 properties in the same zone. Hi. 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. iv. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. v. The granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. F. Conditions. The Planning Commission is authorized to grant a Variance to achieve those purposes as prescribed in accordance with the procedure in this Section and impose reasonable 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 Subsection 17.20.030.E (Findings). Section 17.20.040 Design Review A. Purpose. This Section establishes the review procedures for residential, commercial, industrial, and institutional development proposals to facilitate project review by local responsible agencies and the Development/Design Review Committees in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to maintain consistency with the General Plan, which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Rancho Cucamonga. In addition,the City finds that a 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 soundness, 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 the purpose of this Section to: 1. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit. 17.20-4 Ordinance No. 867—Page 20 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.20 2. Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as signs, landscaping, parking areas, and streets. 3. Maintain the public health, safety and general welfare,and property throughout the City. 4. Assist private and public developments to be more cognizant of public concerns for the aesthetics of development. 5. Reasonably ensure that new developments, including residential, institutional, commercial, and industrial developments, do not have an adverse aesthetic, health, safety, or architecturally related impact upon existing adjoining properties, or the City in general. 6. Implement those sections of the City's General Plan that specifically refer to the preservation and enhancement of the particular character and unique assets of this City and its harmonious development. 7. Minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained. 8. Preserve significant topographic features, including rock outcroppings, native plant materials, and natural hydrology, while also encouraging improved drainage from lots directly to a street, storm drain, or through a public or privately maintained easement. 9. Limit the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas. 10. Encourage the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of views, and arrangement and spacing to accomplish grading policies. 11. Help ensure that adequate school facilities for all existing and future residential development in the City are provided. 12. Help insure that adequate levels of public services are provided for existing and future development in the City. 13. Encourage orderly development of residences within areas more readily served by public services. 14. Encourage the development of master planned projects that provide the service needs of the residents of these projects. 15. Encourage use of energy conservation techniques in new residential development. B. Applicability. An application for Design Review is required for commercial, industrial, institutional, and residential projects with five (5) or more dwelling units involving the 17.20-5 Ordinance No. 867— Page 21 of 49 Article II, Chapter 17.20 Rancho Cucamonga Development Code issuance of a Building Permit for construction or reconstruction of a structure which meets the following criteria. Projects of a limited size and scope that do not meet the below criteria may require an application for Minor Design Review as defined in Section 17.16.130 (Minor Design Review). 1. New construction on vacant property where the proposed buildings are over ten thousand (10,000) square feet in size. 2. Structural additions or new buildings which are equal to or exceed fifty percent (50%) of the floor area of existing on-site building(s), or have a minimum ten thousand (10,000) square feet in size. 3. Reconstruction projects which are equal to fifty percent(50%) of the floor area of existing on-site building(s), or have a minimum ten thousand (10,000) square feet in size. 4. Any project being proposed along a special boulevard as defined by the General Plan, except for structures within projects with an approved Master Plan. 5. All projects which are master planned. Once the Master Plan, including architectural guidelines, has been approved by the Planning Commission, individual structures may be approved by the Planning Director. 6. All shopping centers over ten thousand (10,000) square feet in size, except individual structures may be approved by the Planning Director where a Master Plan, including architectural guidelines, has been approved by the Planning Commission. 7. Certain projects within a hillside area are subject to review pursuant to Section 17.52 (Hillside Development). 8. All projects within Mixed Use Zoning Districts. C. Review Process. The Design Review Procedure is outlined below. 1. Scheduling for committee review. Upon acceptance of a complete application for Design Review approval, a project shall be set on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 2. All development proposals for Design Review are initially reviewed by the Technical_, Designand Design, and Grading Review committees: (1) Design Review Committee — architecture and site planning; _ .. _ -_•••• grading and drainage; and (23) Technical Review Committee — compliance with technical code requirements. Each committee shall make a recommendation on each project for consideration by the Planning Commission, if applicable. 3. Design Review Committee. Review and analysis by the Design Review Committee will consider design elements, such as, but not limited to, 17.20-6 Ordinance No. 867 — Page 22 of 49 Rancho Cucamonga Development Code Article II, Chapter 17.20 compatibility of the project to surrounding properties, relationship of the design and layout of the project to the site, architectural design, and use of materials, grading, landscaping, screening and buffering techniques of adjacent properties, signs, and open space. This committee will determine if the project adequately meets City design guidelines and standards, and will transmit an appropriate recommendation to the Planning Commission. The recommendation of the Design Review Committee will be based on the project conforming to the following criteria: The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, Specific Plans, Community Plans, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the City's General Plan. iv. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. If the project is found to be not acceptable by the committee, the Planning Director will inform the applicant of the design issues and may suggest possible alternatives that 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 the Planning Commission. 4. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, uniform building code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. They may also make recommendations to the Planning Commission on any policy issues or areas not covered by existing codes and standards. 17.20-7 Ordinance No. 867 — Page 23 of 49 Article II, Chapter 17.20 Rancho Cucamonga Development Code 5. Grading Committee. The Grading Committee will consider items such as, but control, retaining walls, and the effect of proposed grading on adjacent properties. This Committee will determine if the Grading Plan meets City in Chapter 17.52 (Hillside Development Standards). 6,5. Other necessary committees as applicable (e.g., trails). D. Findings. The Planning Commission shall make the following findings before approving a Design Review application: 1. The proposed project is consistent with the General Plan; 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; 3. The proposed use is in compliance with each of the applicable provisions of the Development Code; and 4. 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. E. Conditions. The Planning Commission is authorized to approve or deny applications and to impose reasonable conditions upon such approval, 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 Subsection 17.20.040.D (Findings). Section 17.20.050 Adult Entertainment Permit A. Purpose. These regulations are intended to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residentially zoned districts. The City council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purposes of this Section to establish establishes reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas. B. Applicability. The permittee must apply for a new Adult Entertainment Permit as follows: 1. Prior to establishment of a new adult entertainment establishment or any change in the location of the adult entertainment establishment. 17.20-8 Ordinance No. 867 — Page 24 of 49 Rancho Cucamonga Development Code Article III, Chapter 17.30 Chapter 17.30 Allowed Land Use by Base Zoning District Sections: Section 17.30.010 Purpose 17.30-1 Section 17.30.020 Classification of Land Uses 17.30-1 Section 17.30.030 Allowed Land Uses and Permit Requirements 17.30-2 Section 17.30.040 Other Allowed Use Provisions 17.30-10 Section 17.30.010 Purpose The purpose of this Chapter is to establish allowed land uses and corresponding requirements for permits and entitlements for each of the City's base zoning districts. Uses allowed herein are consistent with and implement the corresponding land use designations in the City's General Plan. Allowed land uses include both primary and accessory uses that are permanent in nature. Regulations for temporary uses are listed separately in Chapter 17.104 (Temporary Uses). Section 17.30.020 Classification of Land Uses In order to simplify land use regulations, land uses listed in this Chapter and throughout this Title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These allowed use categories are called "use classifications." Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. Each land use is described in Chapter 17.32 (Allowed Use Descriptions). For example, "personal service use" includes a wide range of individual personal service uses (beauty parlor, dry cleaning, tanning salons, tailors). Rather than listing all such uses individually throughout this Title, "personal service use" is listed once and is further described in Chapter 17.32 (Allowed Use Descriptions). The following rules apply to use classifications: A. Specific Use Regulations. Additional use regulations for specific land uses are listed in Article V(Specific Use Requirements). B. Temporary Uses. Land use classifications in this Chapter identify both primary and secondary or accessory uses that are permanent in nature. Temporary uses are separately listed and regulated in Chapter 17.104 (Temporary Uses). C. Uses Not Listed. Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this Title. D. Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city. E. Overlay Zoning Districts. When a property is located within an Overlay Zoning District, any special allowed use provisions associated with said Overlay Zoning District shall apply. If the special allowed use provisions for the Overlay Zoning District are in conflict with the allowed use provisions of the base zoning district, the allowed use provisions for the Overlay Zoning District shall prevail. 17.30-1 Ordinance No. 867— Page 25 of 49 Article Ill, Chapter 17.30 Rancho Cucamonga Development Code TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning _I 2 d L) U V O _ cc c.) v District > J _12 2 _ E O z 7 Cto U - 0E z O z u- Residential Uses Adult Day Care PP P P P P P N N N N N N N N N N N N P N N Home Caretaker Housing C C C C C C C P P P N N N N C C C C P C P P Dwelling, Multi N N P P P P P N N N N N N N N N N N N N N N Family Dwelling, Second P P P P P P N N N N N N N N N N N N P P N N Unit(1) Dwelling, Single P P P P N N N N N N N N N N N N N N P P N N Family Dwelling,Two-Family N N P P P P P N N N N N N N N N N 'N N N N N Emergency Shelter N N N N N N N N N P N N N N N C N N N N N N Family Day Care C C C C C C C N N N N N N N N N N N N C N N Home, Large(") Family Day Care P P P P P P P N N N N N N N N N N N N P N N Home, Small Guest House P P P N N N N N N N N N N N N N N N N N N N Group Residential C C C C C C C C C C C N C N N N N N N C N N Home Occupation (z) P P P P P P P N N N N N N N N N N N P P N N Live-Work Facility N N N N N N P N N N N N N N N N N N N N N N Manufactured Home P P P P N N N N N N N N N N N N N N N P N N (3) Mobile Home Park(3) C C C C C C N N N N N N N N N N N N N N N N Residential Care N N N C C C C N N N N N N N N N N NN N N N Facility Residential Care P P P P P P N N N N N N N N N N N N N P N N Home Single Room N N N P P P P N N N N N N N N N N N N N N N Occupancy Facility Transitional Housing PP P P P P P N N N N N N N N N N N N P N N Agriculture and Animal-Related Uses Agricultural Uses N N N N N N N N N N N N N N N N N N P N P P Animal Keeping, P P P P P P P N N N N N N N N N N N N P N N Domestic Pets(4) Animal Keeping, C C C C C C C N N N N N N N N N N N N C N N Exotic Animals(4) 17.30-4 Ordinance No. 867 — Page 26 of 49 Rancho Cucamonga Development Code Article III, Chapter 17.30 Land Use/Zoning _ E O = rn ce U District > J _ E O z cn U — O . m O 2 u- n Veterinary Facility C N N N N N C N P P C C C N N P P P N N N N Automobile and Vehicle Uses Auto Vehicle N N N N N N N N N N N N N N N N N C N N N N Dismantling Auto and Vehicle N N N N N N N C N C N N P N C C N N N N N N Sales and Rental Auto and Vehicle N N N N N N N P P P P N P P P N N N N N N N Sales, Autobroker Auto and Vehicle N N N N N N N P P P P N P P P P N N N N N N Sales, Wholesale Auto and Vehicle N N N N N N N N N N N N N N N C P P N N N N Storage Auto Parts Sales N N N N N N N N P P N N P N N N N N N N N N Car Washing and N N N N N N N C C C C N C N N N N N N N N N Detailing Recreational Vehicle N N N N N N N N N N N N N N N C C C N N N N Storage Service Stations N N N N N N C C C P C N C C C C N N N N N N Vehicle Services, N N N N N N N N N C N N N N N P P P N N N N Major Vehicle Services, N N N N N N N C C P N N C N P P N N N N N N Minor Industrial, Manufacturing, and Processing Uses Fuel Storage and N N N N N N N N N N N N N N N C C C N N N Distribution Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Custom Manufacturing, N N N N N N N N N N N N N N N N N P N N N N Heavy Manufacturing, Heavy-Minimum N N N N N N N N N N N N N N N N P P N N N N Impact Manufacturing, Light N N N N N N N N N N N N N N P P N N N N N N Manufacturing, N N N N N N N N N N N N N N P P P P N N N N Medium (9) Microbrewery N N N N N N N N N N N N N N P P N N N N N N Printing and N N N N N N N N N P N N N N P P N N N N N N Publishing Recycling Facility, N N N N N N N N P P N N N N N P P P N N N N Collection 17.30-9 Ordinance No. 867 — Page 27 of 49 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 Chapter 17.32 Allowed Use Descriptions Sections: Section 17.32.010 Purpose 17.32-1 Section 17.32.020 Allowed Use Descriptions 17.32-1 Section 17.32.010 Purpose The purpose of this Chapter is to describe use classifications listed in Chapter 17.30 (Allowed Land Use by Base Zoning District). Use classifications are land uses that have been grouped into general categories on the basis of common function, product, or compatibility characteristics.This Chapter should be used as a reference for the land use classifications listed throughout this Title. Additional definitions for specialized terms used in the Zoning Code can be found in Article VIII (Glossary). Section 17.32.020 Allowed Use Descriptions The following list represents the complete list of allowed uses by land use classification and corresponding descriptions as used in Table 17.30.030-1 (Allowed Land Uses and Permit ' Requirements by Base Zoning District) and throughout this Title. Individual use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification.Allowed uses are organized into the following seven use categories as follows: • Residential Uses • Agriculture and Animal-Related Uses • Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses • Utility, Transportation, Public Facility, and Communication Uses • Retail, Service, and Office Uses • Automobile and Vehicle Uses • Industrial, Manufacturing, and Processing Uses A. Residential Uses. 1. Adult Day Care Home. Defined by state law as the provision of nonmedical care to six or fewer adults, including seniors, in the provider's own home, for a period of less than 24) hours at a time. Homes serving more than six(6)adults are included in Adult Day Care Facility. 2. Caretaker Housing.A residence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site. 17.32-1 Ordinance No. 867— Page 28 of 49 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 automated teller machines (ATM) are considered an accessory use and not part of this definition 10. Bar/Nightclub. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment(e.g., music and/or dancing, comedy — subject to an entertainment permit) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. _ . - - -- - - - - --- - --•. : - - . Bars and nightclubs may include outdoor food and beverage areas. 11. Bed and Breakfast Inn. A residential structure with one family in permanent residence with up to six bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A bed and breakfast inn with more than six guest rooms is considered a hotel or motel and is included under the definition of Hotels and Motels. 12. Building Materials Store and Yard. A retail establishment selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in Wholesale, Storage, and Distribution (Heavy, Light and Medium.) Hardware stores are listed in the definition of Retail, General, even if they sell some building materials. Also see Home Improvement Supply Store for smaller specialty stores. 13. Business Support Services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to: a. Equipment repair services (except vehicle repair, see Vehicle Services); b. Commercial art and design (production); c. Computer-related services (rental, repair); d. Copying, quick printing, and blueprinting services (other than those defined as Printing and Publishing); e. Equipment rental businesses within buildings (rental yards are Storage Yards); f. Film processing laboratories; g. Heavy equipment repair services where repair occurs on the client site; h. Janitorial services; 17.32-11 Ordinance No. 867 — Page 29 of 49 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 unprepared unpackaged food or foodstuffs of any kind. For the purposes of this Section, a mobile food vehicle shall also include any trailer or wagon equipped and used as described in this paragraph and pulled by a vehicle. 41. Mortuary/Funeral Home. A funeral home and parlor, where the deceased are prepared for burial or cremation and funeral services may be conducted. This use does not include Crematorium, which is a separate use classification. 42. Office, Accessory. An office that is incidental and accessory to another business or sales activity that is the primary use(part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project. 43. Office, Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architecture, computer programming). This use does not include medical offices (see Medical Services, General); temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use (see Office, Accessory). Outdoor storage of materials is prohibited. 44. Pawnshop. Any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns, or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted. 45. Personal Services. Establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops (including permanent makeup), weight loss clinics, day spas, spiritualist reading or astrology forecasting, clothing rental, dry cleaning pickup stores with limited equipment, home electronics and small appliance repair, laundromats (self- service laundries), shoe repair shops, and tailors.These uses may also include accessory retail sales of products related to the services provided. This use classification does not include massage or tattoo establishments, which are separately classified herein. 46. Restaurant. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses. Restaurants are divided into four three categories as follows: 17.32-15 Ordinance No. 867— Page 30 of 49 Article Ill, Chapter 17.32 Rancho Cucamonga Development Code a. Restaurant, No Liquor Service. Restaurants that do not serve liquor, including fast food establishments. b. Restaurant, Beer and Wine. Restaurants with liquor services limited to beer and wine for on-site consumption. May also include the brewing of beer as part of a brewpub or microbrewery. c. Restaurant, Full Liquor Service. Restaurants with a full range of liquor service, including beer, wine, and distilled spirits, all for on-site consumption. 47. Retail, Accessory. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on-site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single use development or the combined floor area of an integrated development in a mixed-use project. 48. Retail, General. Stores and shops selling single and multiple lines of merchandise. These stores and lines of merchandise include, but are not limited to, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales, only; outdoor sales are plant nurseries and included in the definition of Garden Center/Plant Nursery), general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies specialty shops, sporting goods and equipment, stationery, and variety stores. 49. Retail, Warehouse Club. Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees. 50. Secondhand Dealer. Any business where the primary or ancillary use includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property such as"cash for gold".This use classification does not include a"coin dealer" or participants at gun shows or events, pawnshops or secondhand stores. 51. Shooting Range. An enclosed firing range with targets for rifle or handgun practice. 52. Smoke Shop. An establishment that either devotes more than 15 percent of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a 2 foot by 4 foot (2 feet in depth maximum) section of shelf space for display for sale of smoking, drug, and/or tobacco paraphernalia. 17.32-16 Ordinance No. 867— Page 31 of 49 Article Ill, Chapter 17.32 Rancho Cucamonga Development Code 6. Manufacturing, Medium. Activities typically include, but are not limited to, manufacturing, compounding of materials, processing, assembly, packaging, treatment or fabrication of materials and products which require frequent large container truck traffic or rail traffic, or the transport of heavy, bulky items. The new products are semi-finished to be a component for further manufacturing, fabrication, and assembly. These types of business establishments are customarily directed to inter-plant transfer or to order from industrial uses, rather than for direct sale to the domestic consumer. Such uses may include, but are not limited to, canned food; textile products; furniture and fixtures; converted paper and paper board products; plastic products made from purchased rubber, plastic, or resin; fabricated metal products made from sheet metal; electrical and electronic machinery, equipment, and supplies; and office, computing, and accounting machines. These activities may produce noise, odors, vibrations, illumination, or particulates that affect persons residing in or conducting business in the vicinity. Where 24-hour, on-site surveillance is necessary, a caretaker's residence may be permitted when approved by a Conditional Use Permit. 6 7. Microbrewery. A small-scale brewery operation dedicated to the production of specialty beers and producing less than 15,000 barrels (465,000 U.S. gallons) per year. Ancillary on-site tasting and/or retail sales of beers produced on-site for off-site consumption may be permitted when approved by a Conditional Use Permit. 7-8. Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic(xerographic)copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in Business Support Services. &.9. Recycling Facility — Collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. Also includes so-called "reverse vending machines," an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the State. 9-10. Recycling Facility — Processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of Recycling Facility— Collection. 17.32-20 Ordinance No. 867— Page 32 of 49 Rancho Cucamonga Development Code Article Ill, Chapter 17.36 Chapter 17.36 Development Standards by Base Zoning District Sections: Section 17.36.010 Development Standards for Residential Zoning Districts 17.36-1 Section 17.36.020 Development Standards for Mixed Use Zoning Districts 17.36-12 Section 17.36.030 Development Standards for Commercial & Office Zoning Districts ..17.36-14 Section 17.36.040 Development Standards for Industrial Districts 17.36-18 Section 17.36.050 Development Standards for Open Space Zoning Districts 17.36-24 Section 17.36.010 Development Standards for Residential Zoning Districts A. Purpose and Applicability. The purpose of this Section is to establish minimum development standards that are unique to development projects within Residential Zoning Districts. Development standards in this Section apply to all land designated on the Zoning Map within a Residential Zoning District. B. Residential Districts Described. As identified in Chapter 17.26 (Establishment of • Zoning Districts), the city includes six Residential Zoning Districts: 1. Very Low(VL) 2. Low(L) 3. Low Medium (LM) 4. Medium (M) 5. Medium High (MH) 6. High (H) C. Residential Site Development Standards. General site development standards for Residential Zoning Districts are listed in Table 17.36.010-1 (Development Standards for Residential Zoning Districts). These development standards supplement the development standards in Article IV (Site Development Provisions) that apply to all zoning districts (e.g., parking, signs, landscaping, lighting). 17.36-1 Ordinance No. 867— Page 33 of 49 Article III, Chapter 17.36 Rancho Cucamonga Development Code TABLE 17.36.010-1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS Development Standard/ VL L LM M MH H Zoning District Lot Area (minimum) 20,000 sf 7.200 sf 5,000 sf 3 ac(1) 3 ac(1) 3 ac(1) Lot Area (minimum net avg) 22,500 sf 8,000 sf 5,000 sf 3 ac(1) 3 ac(1) 3 ac(1) 1 Lot Width (minimum) 90 ft(2) 65 ft(2) 50 ft(2) n/a n/a n/a Lot Width (corner lot) 100 ft 70 ft 50 ft n/a n/a n/a Lot Depth (minimum) 200 ft 100 ft 90 ft n/a n/a n/a Minimum Frontage 50 ft 40 ft 30 ft 100 ft 100 ft 100 ft Minimum Frontage (flag lot) 30 ft 20 ft 20 ft 50 ft 50 ft 50 ft Allowed Density(dwelling units per acre) Minimum Density(3) n/a n/a 4 du/ac 8 du/ac 14 du/ac 24 du/ac Maximum Density 2 du/ac 4 du/ac 8 du/ac(4) 14 du/ac(4) 24 du/ac 30 du/ac Minimum Setback Front Yard (5) 42 ft(6) 37 ft(61 32 ft(6) 37 ft(6) n/a n/a Corner Side Yard (5) 27 ft 27 ft 22 ft 27 ft n/a n/a Interior Side Yard (5) 10/15 ft 5/10 ft 5/10 ft 10 ft(7) n/a n/a Rear Yard (5) 60 ft 20 ft 15 ft 10 ft(7) n/a n/a At Interior Site Boundary (Dwelling/Accessory NR(8) 15/5(7) 15/5(7) 15/5(7) Building) Building Height(maximum in feet)(9) Primary Buildings I 35 ft 35 ft 35 ft 35 ft(10) 40 ft f10) 55 ft(10) Lot Coverage (maximum lot coverage with buildings as a percentage of the parcel or project) Lot Coverage 25% 40% 50% 50% 50% 50% Open Space Requirement(minimum percentage of open space per parcel or project) Private Open Space 300/150 sf 225/150 sf 150/100 sf 150/100 sf (Ground Floor/Upper Story) Open Space(Private and 40% 35% 35% 35% Common) Minimum Patio/Porch Depth 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(t1) 6 ft(11) Minimum Dwelling Unit Size(12) Single-Family 1,000 sf (attached and detached) Multi-Family(13) Efficiency/Studio 550 sf Multi-Family(13) One Bedroom 650 sf 17.36-2 Ordinance No. 867 — Page 34 of 49 Rancho Cucamonga Development Code Article Ill, Chapter 17.36 Development Standard/ VL L LM M MH H Zoning District Multi-Family(13) Two Bedroom 800 sf Multi-Family(13) 950 sf Three or More Bedrooms Distance Between Building/Structure Fronts(8)(14)(minimum) Between buildings with no patio 30 ft 30 ft 30 ft 30 ft or recessed patio Between patio fence/wall less 15 ft 15 ft 15 ft 15 ft than 5 feet in height Between patio fence/wall more 20 ft 20 ft 20 ft 20 ft than 5 feet in height Between balconies above patio fence/wall more than 5 feet in — — 20 ft 20 ft 20 ft 20 ft height Between a patio fence/wall and 20 ft 20 ft 20 ft 20 ft a building wall With common patio fence/wall — — 30 ft 30 ft 30 ft 30 ft Other Miscellaneous Building Setback Requirements(8)(minimum) Building to one-story detached garage/carport or other 6 ft/15 ft 15 ft 15 15 accessory structure Building to wall or curb at 20 ft 20 ft 20 ft 20 ft project entry Table Notes: (1) On existing lots of record,parcels less than 3 acres or less than the required minimum frontage may only be developed at the lowest end of the permitted density range. (2) Average width, which shall vary accordingly: VL-+/-10feet L&LM-+/-5feet (3) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in Chapter 17.52(Hillside Development Standards). (4) Developing multi-family in the LM district and single-family in the M district at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in Subsection 17.36.010.D. (5) Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured between the structure and property line in rear yards and interior side yards. (6) Average setback, which shall vary+/-5 feet. _ e __ f-- - •_ __ __• - __ _ __ _ _ __ __--_. _ -e (7) Add 10 feet if adjacent to VL,L,or LM district (8) Applies to buildings two stories and taller in height.Add 10 more feet for each story over two stories. (9) In hillside areas,heights shall be limited to 30 feet. (10) Limit one story within 100 feet of VL or L district for multiple-family dwellings. (11) Free and clear of obstructions. (12) Senior citizen projects are exempted from this requirement. (13) To assure that smaller units are not concentrated in any one area or project,the following percentage limitations of the total number of units shall apply: 10% for efficiency/studio and 35% for one bedroom or up to 35% combined. Subject to a Conditional Use Permit, the Planning Commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (14) "Front"is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the street or drive;therefore,some buildings may have more than one front. 17.36-3 Ordinance No. 867 — Page 35 of 49 Rancho Cucamonga Development Code Article Ill, Chapter 17.36 F. Other Miscellaneous Residential Development Standards. 1. Zero Lot Line. The dwelling unit may be placed on one interior side property line with a zero setback, and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet (10'), excluding the connecting elements such as fences, walls, and trellises. Pools, decks, garden features, and other similar elements shall be permitted within the ten foot (10') setback area, provided, however, no structure, with the exception of fences or walls, shall be placed within easements required below. Where adjacent zero lot line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of five feet (5') in width along the adjacent lot and parallel with such wall. 2. Usable Yard Area. For single-family detached/semi-detached subdivisions, a minimum fifteen feet (15') of flat, usable rear yard area shall be provided between the house and top or toe of non-retained slope banks or to the retaining wall in the case of retained cut or fill per City grading standard drawings. However, in areas of hilly or sloped terrain where grading is being designed to minimize alteration to the natural land form, usable open space should be provided in the form of decks, patios, balconies, or some similar form of built structure designed to fit the natural topography rather than as graded level yard area. 3. Visitor Parking. For projects with private streets or driveways, visitor parking required by Chapter 17.64 (Parking and Loading Standards) shall be provided in off-street visitor parking bays within one hundred fifty feet (150') of all dwelling units. Visitor parking shall be clearly delineated through proper signage. Signage may include, but is not limited to, pavement marking, freestanding signs designating the stalls as visitor parking, and directory signs guiding visitors to the visitor parking area. 4. Driveway Depth/Width. All lots within single-family detached and semi- detached residential developments shall have driveways designed to accommodate the parking of two (2) automobiles in a manner that does not obstruct sidewalks or streets. Driveways shall have a minimum depth of nineteen feet (19') and width of eighteen feet (18'). Drive approach shall be developed per City standards. 5. Amenities. To enhance the quality of life for multi-family development, additional amenities shall be required as follows: a. Storage Space. Each unit shall be provided with a minimum of one hundred twenty-five(125)cubic feet of exterior lockable storage space. The storage space shall be located outside of the dwelling at grade or floor level and easily accessible by the residents. The design of the exterior storage space shall be architecturally integrated and/or compatible to the dwellings. The individual storage space units can be located within the fully enclosed garages designated for that dwelling unit. 17.36-7 Ordinance No. 867— Page 36 of 49 Article III, Chapter 17.36 Rancho Cucamonga Development Code b. Laundry Facility. Each unit shall be provided with a hookup for a washing machine and clothes dryer in the interior of the dwelling, or common laundry facilities shall be provided and equipped with washing machines and clothes dryers at a rate of one washing machine and clothes dryer per five (5) units. Common laundry facilities should be conveniently located for all residents within the complex. Common laundry facilities can be within freestanding buildings, attached to dwelling units, or within the recreation room. The design of the common laundry facilities shall be architecturally compatible to the dwellings. 6. Roofing Materials. All new and existing development within Residential Zoning Districts shall have roofing material made of tile, or the imitation thereof, but not including composition shingles. Other roofing materials such as metal, slate, or the imitation thereof, but not including composition shingles, may be approved by the approval authority if it is determined that the roof material enhances the building design. Any replacement of existing roofing materials shall be consistent with the existing material or upgraded to a higher quality roofing material. For example, a composition shingle roof can be replaced with composition shingles or can be upgraded to higher quality roofing material such as tile or slate. 6-7. Roof Mounted Air Conditioning Units. Replacement of existing permitted roof mounted Air Conditioning units that are located on residential development may be permitted. All other proposed roof mounted Air Conditioning units shall be placed entirely out of public view. 7-8. Slope Planting. Slope banks 5 feet or greater in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate groundcover for erosion control. Slope banks 5 feet or greater in vertical height an of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 square feet of slope area, one 1- gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of 8 feet vertical and of 2:1 or greater slope shall also include one 5-gallon or larger size per each 250 square feet of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Maintenance by a Homeowners' Association may be required by the Planning Commission on a case-by-case basis. G. Special Streetscape. It is the intent of this Section to create streetscape standards for landscape, building, and parking setbacks that help to identify the function of streets and to improve the scenic quality of the community. Table 17.36.020-3 sets forth the minimum setbacks based on street classification in the General Plan Circulation Plan. These setbacks shall be required of all new developments that contain or abut any one of the street classifications listed in the table. Setbacks shall be measured from the face of the ultimate curb location. 17.36-8 Ordinance No. 867— Page 37 of 49 .o b a O. 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IS O,t Q v o N N ❑ N 3 o N p 'o, a) a) a) .p c v v o c 3 •c t O) Q E -0 ° c'v o a`, S o o n c cu o N ~ n L 4) .O 5" -t O E c t � N o y o y .moo, 'D„' _ b O ` N 4 3 ci a v c p o L (A 7 E c E 9 o E °o E y o Z- v o c n U 3 (0 Q O ` 2 c .q �., 2 , N O O m 00 O 0 O Q 0 7 - W ul N N E .c 'j n : u ' ° u c v U Q 3 O LL (n U p a) H o a u v a u a a, u CC L cn a @ ° O ca 0 1 a) Z° c to O a_ a. a 0 O (i I- V) v o a 1 N -, C ,1 b N Co Q1 ti Ordinance No. 867 — Page 38 of 49 Rancho Cucamonga Development Code Article IV, Chapter 17.60 Chapter 17.60 Outdoor Sales, Storage, Display, and Seating Standards Sections: Section 17.60.010 Purpose 17.60-1 Section 17.60.020 Permit Requirements, Exemptions, and Liabilities 17.60-1 Section 17.60.030 Development, Operation, and Maintenance 17.60-2 Section 17.60.010 Purpose The purpose of this Chapter is to regulate permanent and temporary outdoor display, seating, and storage uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter. Section 17.60.020 Permit Requirements, Exemptions, and Liabilities The following outdoor activities shall be subject to the permit requirements as listed below. A. Permanent Outdoor Display and Sales. If the display and sales are part of the primary use it is permitted by right, subject to the provisions of Section 17.60.030.B. (Standards for Outdoor Display and Sales). If not part of the primary use then permanent outdoor display and sales may be permitted with the issuance of a Conditional Use Permit(CUP). B. Temporary Outdoor Display and Sale. Permitted in commercial districts with the issuance of a Temporary Use Permit (TUP) and subject to the provisions of Section 17.60.030.B (Standards for Outdoor Display and Sales). C. Permanent Outdoor Storage. Permanent outdoor storage is allowed in conjunction with the primary use if approved as part of the original planning entitlement request. New permanent outdoor storage requested in conjunction with an existing use or development shall require issuance of a Conditional Use Permit in accordance with Section 17.16 (Permits and Entitlements Decided by the Planning Director). D. Temporary Outdoor Storage. Temporary outdoor storage shall require the issuance of a Temporary Use Permit pursuant to and consistent with the requirements of Section 17.16.070 (Temporary Use Permit). The uses and activities listed below shall be exempt from the requirement for a Temporary Use Permit. 1. Storage of construction materials and equipment as part of an active construction site, provided a valid Building Permit or Improvement Permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s). 2. Emergency facilities to accommodate emergency public health and safety needs and activities. 17.60-1 Ordinance No. 867— Page 39 of 49 Article IV, Chapter 17.60 Rancho Cucamonga Development Code E. Outdoor Dining Areas. If not part of the original development permit for the principal use, outdoor seating may be permitted in all zoning districts except for residential zoning districts, subject to approval of an Conditional Use Permit as established in Section 17.16.120 (Conditional Use Permit) and any other applicable entitlements (e.g., Minor Design Review). In all cases, permanent outdoor seating shall be consistent with the development standards of this Chapter. 1. Required Findings for Approval of Outdoor Seating. The designated approving authority may issue a Conditional Use Permit (Section 17.16.120) if the proposed outdoor seating: a. Allows for a continuous pedestrian path of travel of at least four feet(4') in width and would not obstruct fire, pedestrian, and wheelchair access. b. Does not unduly interfere with pedestrian traffic on the sidewalk. c. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way. d. Allows for unobstructed view of necessary authorized traffic devices. Section 17.60.030 Development, Operation, and Maintenance A. General Development Standards for All Activities. The development standards listed below apply to all outdoor display, sales, and storage activities. 1. Location. Outdoor activities may be located within the public right-of-way, in required parking spaces or in designed vehicle drive aisles, or within required landscape planter areas only where permitted with the issuance of an Encroachment Permit, or in accordance with the requirements of a Conditional Use Permit, pursuant to the requirements of Section 17.16.120 (Conditional Use Permit) or a Temporary Use Permit, pursuant to the requirements of Section 17.16.070 (Temporary Use Permit). Outdoor activities shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon required setbacks, public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities, such as trash receptacles and drinking fountains, or any other requirement listed in the Building Code. 2. Hours of Operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with those for the corresponding primary use. 3. Noise. Any noise generated by the outdoor activity shall be consistent with the City's Noise Ordinance. 4. Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter 17.74 (Sign Regulations 17.60-2 Ordinance No. 867 — Page 40 of 49 Rancho Cucamonga Development Code Article IV, Chapter 17.60 for Private Property), except when the outdoor activity is the primary use (e.g., Christmas tree lot). 5. Maintenance. Outdoor activity areas shall be kept free of garbage and other debris, and shall not encroach into required sidewalk clearance areas as follows: all outdoor activity areas shall leave a minimum horizontal clear space of six feet (6') or such greater amount of clear space as the Public Works Director finds necessary to protect and enhance pedestrian and vehicle traffic in the sidewalk area. B. Standards for Outdoor Display and Sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities: 1. Associated with the Primary Use. All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such. 2. Maximum Area. Unless otherwise authorized by a Conditional Use Permit, the area used for permanent outdoor display and sales of materials shall not exceed ten percent (10%) of the gross floor area of the corresponding commercial building. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development code requirements are satisfied. 3. The aggregate display area shall not exceed twenty-five percent (25%) of the linear frontage of the store front or six (6) linear feet, whichever is greater and items may not project more than four feet (4')from the store front. 4. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees) shall not exceed a height of six feet (6') above finished grade, unless a greater height is allowed through Use Permit approval. 5. No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right-of-way if an encroachment permit has first been procured from the City. 6. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business. 7. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; obstructs in part or in whole an emergency vehicle/fire access lane; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance. 17.60-3 Ordinance No. 867— Page 41 of 49 Rancho Cucamonga Development Code Article IV, Chapter 17.82 Chapter 17.82 Water Efficient Landscaping Sections: Section 17.82.010 Purpose and Intent 17.82-1 Section 17.82.020 Applicability 17.82-1 Section 17.82.030 Exceptions 17.82-1 Section 17.82.040 Development of a Water Budget 17.82-2 Section 17.82.050 Landscape Design Guidelines 17.82-3 Section 17.82.060 Soil and Grading Requirements 17.82-4 Section 17.82.070 Implementation 17.82-5 Section 17.82.080 Compliance/Enforcement 17.82-7 Section 17.82.090 Recycled Water 17.82-7 Section 17.82.100 Stormwater Management 17.82-8 Section 17.82.010 Purpose and Intent This Chapter implements the model ordinance adopted by the State of California pursuant to Government Code §65595 to require the efficient use of water resources. • Section 17.82.020 Applicability A. This Chapter shall apply to the following: 1. New construction and rehabilitated landscapes for public agency projects and private development projects with a total landscape area equal to or greater than twenty-five hundred (2,500) square feet requiring a building permit, plan check, or design review. 16. New construction and rehabilitated landscapes which are developer-installed residential projects with a total landscape area equal to or greater than twenty- five hundred (2,500) square feet requiring a building permit, plan check, or design review. 17. New construction projects which are homeowner-installed residential projects with a total landscape area equal to or greater than five thousand (5,000) square feet requiring a Building Permit, Plan Check, or Design Review. Section 17.82.030 Exceptions A. This Chapter does not apply to: 1. Registered local, state, or federal historical sites. 18. Ecological restoration projects that do not require a permanent irrigation system. 19. Mined-land reclamation projects that do not require a permanent irrigation system. 20. Botanical gardens and arboretums open to the public. 17.82-1 Ordinance No. 867— Page 42 of 49 Article IV, Chapter 17.82 Rancho Cucamonga Development Code Section 17.82.040 Development of a Water Budget A. Intent. In order to conserve water, applicable projects shall develop a water budget. The water budget is based on the Maximum Applied Water Allowance (MAWA), which is a calculation of the maximum amount of water allowed to be used within the landscape area, and the Estimated Total Water Use (ETWU), which is the actual amount of water to be used within the landscape area. The ETWU cannot exceed the MAWA. B. Establishing a Water Budget. 1. Maximum Applied Water Allowance. A landscape's maximum applied water allowance shall be calculated using the following formula: MAWA = (ETo) (0.627) (LA) [(0.€}27) + (.3 x SLA)] Where: MAWA = Maximum Applied Water Allowance ETo = Evapotranspiration Rate 0.7 = Evapotranspiration (ET) Adjustment Factor LA = Landscape Area 0.62 = Conversion factor(to gallons) SLA = Special Landscape Area 21. Estimated Total Water Use. A landscape's Estimated Total Water Use shall be calculated using the following formula: ETWU=(ETo)(0.62)r PF x HA +SLA l 0.71 J Where: ETWU = Estimated Total Water Use ETo = Evapotranspiration Rate 0.62 = Conversion factor(to gallons) PF = Plant Factor HA = Hydrozone area (square feet) 0.71 = Irrigation efficiency SLA = Special Landscape Area (square feet) The evapotranspiration rate(ETo)for both calculations shall be consistent. The evapotranspiration rate (ETo)will be derived from current reference data, such as from the California Irrigation Management Information System (CIMIS) or other equivalent data, as determined by the Planning Director. 17.82-2 Ordinance No. 867 — Page 43 of 49 Rancho Cucamonga Development Code Article V, Chapter 17.104 Chapter 17.104 Temporary Uses Sections: Section 17.104.010 Purpose 17.104-1 Section 17.104.020 Permit Requirements and Exemptions 17.104-1 Section 17.104.030 General Development Standards for Temporary Uses 17.104-2 Section 17.104.040 Standards for Specific Temporary Uses 17.104-3 Section 17.104.010 Purpose The purpose of this Chapter is to establish development standards for temporary activities and land uses to ensure the overall health, safety,and general welfare of the community is maintained. Section 17.104.020 Permit Requirements and Exemptions Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a Temporary Use Permit shall be as described'in Section 17.16.070 (Temporary Use Permit). A. Temporary Use Permit Required. The following temporary activities and uses may be allowed, subject to the issuance of a Temporary Use Permit prior to the commencement of the activity or use and subject to the requirements within this Section. 1. Construction yards, storage sheds, and construction offices (off-site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project. 2. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and that are held either on private or public property when not otherwise part of or consistent with a permitted use (e.g., race at a raceway). 3. Farmers markets, as defined in this Title, held on public or private property. 4. Swap meets, as defined in this Chapter, including flea markets, rummage sales, and similar events held on public or private property. 5. Seasonal sales as defined in this Chapter (e.g., Halloween, Christmas), including temporary residence/security trailers. 6. Temporary sales offices as defined in this Title. 7. Fruit and vegetable stands (related to on-site business). 8. Outdoor display of merchandise as accessory to current on-site business. 17.104-1 Ordinance No. 867—Page 44 of 49 Rancho Cucamonga Development Code Article V, Chapter 17.104 Standards for height, off-street parking, setbacks, and other structure and property development standard that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. Section 17.104.040 Standards for Specific Temporary Uses The following standards shall apply to the specific temporary uses described below. A. Temporary Office Modules. 1. A master plan for development of permanent buildings shall be submitted in conjunction with such request. 2. The design of the office modules shall have a look of permanence, as much as practicable. This shall include such actions as screening temporary foundations, screening utility equipment, and using overhangs, walkways, and stepped roofs to mitigate the temporary appearance. 3. The approval of temporary office modules shall require necessary street improvements, grading, drainage facilities, and landscaping. z. . - .•f. -- 1. Fruit and vegetable stands (related to on site business). 2. Outdoor display of merchandise as accessory to current on site business. 3. Outdoor recreation uses. .1. Parking lot and sidewalk sales (see Subsection C below). --e -- .. " ' - - - - - - - •- ' --- _ -- -- - " -- - Diroctor. C.B. Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales may be permitted on private property in the commercial/retail areas of the city, including retail/wholesale businesses located in industrial areas, in connection with current on-site businesses, subject to the approval of a Temporary Use Permit as provided in Section 17.16.070 (Temporary Use Permits) and the following criteria: 1. Each sale is limited to a minimum of three (3) consecutive days, with a maximum of nineteen (19) days per calendar year, unless authorized by a Conditional Use Permit.. 2. No sale for any single business or any other businesses located on the same lot or parcel, or within a shopping center, shall be permitted within thirty (30) days of another sale. 17.104-3 Ordinance No. 867— Page 45 of 49 Rancho Cucamonga Development Code Article VII, Chapter 17.122 Chapter 17.122 Design Provisions by Development Type Sections: Section 17.122.010 Residential Development 17.122-1 Section 17.122.020 Hillside Development 17.122-9 Section 17.122.030 Commercial, Office, and Industrial Development 17.122-32 Section 17.122.040 Foothill Boulevard 17.122-35 Section 17.122.050 Haven Avenue 17.122-53 Section 17.122.060 Signs 17.122-58 Section 17.122.010 Residential Development The design standards and guidelines contained in this Section are supplemental to Chapter 17.120 (General Design Provisions). A. Single-Family Home Designs. Placement of houses in single-family subdivisions is an important element in creating a functional, quality living environment. Single-family residential development should promote an attractive streetscape through architectural and site planning design elements that create variety and interest. Housing tracts characterized by repetitious street scenes of nearly identical two-story houses built at the minimum setback lines are not desirable. Generally, it requires the use of a combination of design concept solutions to achieve the goal of creating varied, interesting, and attractive streetscapes. 1. Standards. a. At least twenty-five percent (25%) of all single-family detached units in any single-family residential development in a Residential Development District consisting of four(4) or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. b. Provide extra-deep setbacks for two-story houses on corner lots. c. Provide larger side yard setback (e.g., ten to twelve feet (10-12') minimum) on garage side of lot to allow vehicular access to the rear yard. d. Locate driveways as far as possible from intersections. e. Substantially vary front yard setbacks. f. Vary garage treatments such as detached and semi-detached,side and rear entries, etc. g. On flag lots, use twelve-foot (12') width for that portion of the driveway providing access to the garage to minimize concrete and maximize landscaping potential. 17.122-1 Ordinance No. 867— Page 46 of 49 Article VII,Chapter 17.122 Rancho Cucamonga Development Code shall be designated as common open space rather than private open space. vi. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. c. The Fire Chief may require brush, vegetation, or debris to be removed and cleared on each side of every roadway and access drive in accordance with the Municipal Code and Fire District codes and standards, and may enter upon private property to do so. This Section shall not apply to single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers, provided they conform to Fire District codes and standards. As used in this Section, "roadway" means that portion of a highway or private street improved or ordinarily used for vehicular travel. d. If the Fire Chief determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this article. e. Restrict structures and facilities from geologically hazardous areas. f. Require special construction features in the design of structures where site investigations confirm potential geologic hazards. g. The Friant Escondido and Ramona/Arlington soil associations are not suitable for on-site wastewater disposal. Development not on public sewers within areas generally defined as being either of these associations shall be permitted only after site-specific investigations have been conducted that demonstrate the soils are suitable and the disposal of wastewater will not degrade the subsurface water quality. h. The Tujunga-Delhi soil association may have soil-bearing capabilities that could limit some development. Structures proposed on this soil type should be permitted only after a site-specific investigation has been performed that indicates the soils can adequately support the weight of the structure. For all development within the Alquist-Priolo or City-adopted "Special Study Zone," a statement shall be included on every deed, for each lot or parcel, which informs the prospective owner of the potential for seismic activity and the potential hazard. Section 17.122.030 Commercial, Office, and Industrial Development 17.122-32 Ordinance No. 867— Page 47 of 49 Rancho Cucamonga Development Code Article VII, Chapter 17.122 The majority of design standards and guidelines for commercial, office, and industrial development are provided in Chapter 17.120(General Design Provisions). This Section contains only those provisions that are unique to commercial, office, and/or industrial development. A. Special Site Design Provisions. 1. Standards. a. Provide employee break areas for office and industrial projects, and provide plazas where employees can rest and eat lunch, preferably away from public entrances to buildings, loading areas, or other high- traffic areas. Provide tables and/or benches, and shade trees and/or shade structures. Break areas shall be designed and sized to comfortably accommodate furniture and amenities, should have a minimum size of five hundred (500)square feet and have seating for at least ten percent (10%) of the anticipated workforce. b. Screen drive-through lanes from public view by orienting the building and a combination of landscaping, berming, and low screen walls. c. For shopping centers, vending machines and newspaper racks are to be recessed into the building façade. d. Completely screen long-term shopping cart storage. 2. Guidelines. a. For commercial projects, give special attention to creating pedestrian scale and an inviting place for pedestrians to shop. b. Site amenities, such as walls, hardscape, street furniture, trash enclosures, lighting, and monument signs, should be designed as part of the total architectural package for the project. c. Integrate signs into the architectural program. B. Parking Areas. The following standards and guidelines apply: 1. Standards. a. Screen parking areas from public view with mounding, landscaping, low walls, grade differentials, and building orientation. b. For parking areas, include one (1)tree for every three (3) parking stalls for shade. 2. Guidelines. a. Distribute parking evenly throughout a site instead of concentrating all in one large parking lot. 17.122-33 Ordinance No. 867— Page 48 of 49 Article VII, Chapter 17.122 Rancho Cucamonga Development Code b. Consider the types of users desired and plan the project accordingly rather than trying to maximize building floor area. c. Parking areas should not be the dominant element in the overall design of a project and should be designed to minimize visual disruption. d. _ _._ . . . -- - - - - - -- - -of mounding, landscaping, low profile walls, and grade separations. e-d. The design of parking areas should also minimize auto noise, light and glare, and ambient air temperature. This can be accomplished through the use of sound walls, general location, use of well-designed lights, and landscaping throughout the parking lot. 1. Standards. a- Twenty percent(20%)of trees planted with industrial projects and thirty percent (30°1) of trees planted within commercial and office projects are to be twenty four inch (24") box size. O-C. Pedestrian Orientation. 1. Guidelines. a. Colonnades or loggias and other covered walkways or structures that provide shade to pedestrian spaces shall be utilized whenever possible. b. At street level, the use of building materials and building details that relate to human activity shall be required where appropriate. c. Convenient pedestrian circulation shall be provided throughout all projects to connect public streets, parking areas, and public transit facilities with buildings and pedestrian open spaces. d. Open spaces shall be integrated with pedestrian walks and defined by landscaping and other elements to create a sense of place. e. Where possible, open spaces shall be accessible to the public. f. Street Furniture. Benches, light standards, kiosks, drinking fountains, trash receptacles, and other street furniture in on-site open spaces shall be designed in a coordinated fashion to enhance the appearance and function of the site and open space. g. Pedestrian areas shall be highly visible and well lit. €D. Special Architectural Provisions. 1. Standards. 17.122-34 Ordinance No. 867— Page 49 of 49