HomeMy WebLinkAbout05-89 - Resolutions RESOLUTION NO. 05-89
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF DEVELOPMENT CODE AMENDMENT DRC2005-00437,
AMENDING SECTION 17.08.030, PERTAINING TO SECOND
DWELLING UNIT REGULATIONS; AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Development Code
Amendment DRC2005-00437, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Code Amendment is referred to as "the application."
2. On the 14th day of September 2005, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing, including written and oral staff reports, together with public
testimony, this Commission hereby specifically finds as follows:
a. The amendment is warranted in order to be in compliance with State of
California Government Code Section 65852.2 that was enacted to encourage local governments
to provide for second units in response to the critical need for affordable housing statewide.
b. The proposed amendment will, not have a significant impact on the
environment.
C. State of California Government Code Section 65852.2 defines a second unit as
"an attached or a detached residential dwelling unit which provides complete independent living
facilities for one or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation, on the same parcel as the single-family dwelling is situated." A
second dwelling unit also includes an efficiency unit as defined in Health and Safety Code
Section 17958.1 and a manufactured home as defined in Health and Safety Code Section
18007. Efficiency units are defined as "units for occupancy by no more than two persons which
have a minimum floor area of 150 square feet and may also have partial kitchen or bathroom
facilities". Manufactured homes are defined as "a structure transportable in one or more
sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more
in length or when erected on site, is 320 or more square feet and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities and includes the plumbing, heating, air conditioning, and
electrical systems contained therein; except that such term shall include any structure which
meets all the requirements of this paragraph except the size requirements and with respect to
PLANNING COMMISSION RESOLUTION NO. 05-89
DRC2005-00437 — CITY OF RANCHO CUCAMONGA
September 10; 2005
Page 2
which the manufacturer voluntarily files a certification and complies with the standards
established under this part. 'Manufactured home' includes a mobile home subject to the
National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et
seq.).
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3. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1
and 2 above, this Commission hereby finds and concludes as follows:
a. That the proposed amendment does not conflict with the Land Use Policies of
the General Plan and will provide for development, within the district, in a manner consistent
with the General Plan and with related development; and
b. That the proposed amendment promotes the goals and objectives of the
Development Code; and
C. That the proposed amendment will not be detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in the vicinity; and
d. That the proposed amendment is in conformance with the City's General Plan.
4. This Commission hereby finds that the proposed amendment has been prepared and
reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and
the Guidelines promulgated thereunder, and further, specifically finds that based upon
substantial evidence, it can be seen with certainty that there is no possibility that the proposed
amendment will have a significant effect on the environment and, therefore, the proposed
amendment is exempt pursuant to State CEQA Guidelines, Section 21080.17.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4
above, this Commission hereby recommends approval of Development Code Amendment
DRC2005-00437 as shown in the Ordinance attached hereto.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER 2005.
PLANNING O MISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
rP, e , Ch rman
ATTEST:
Da o man, .Acting Secretary
I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced,
passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a
PLANNING COMMISSION RESOLUTION NO. 05-89
DRC2005-00437 — CITY OF RANCHO CUCAMONGA
September 10, 2005
Page 3
regular meeting of the Planning Commission held on the 14th day of September 2005, by the
following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING DEVELOPMENT CODE
AMENDMENT DRC2005-00437, REVISING DEVELOPMENT
CODE REGULATIONS APPLICABLE TO SECOND DWELLING
UNITS IN CONFORMANCE WITH STATE LAW, AND
AMENDING TITLE 17 (THE DEVELOPMENT CODE) OF THE
RANCHO CUCAMONGA MUNICIPAL CODE.
A. Recitals.
1. Government Code Section 65852.2 requires each city to adopt an ordinance that
allows second dwelling units in response to the critical need for affordable housing statewide.
The purpose of this Ordinance is to amend the City's Development Code and adopt those
regulations necessary in order to comply with Section 65852.2.
2. Government Code Section 65852.2 defines a second unit as "an attached or a
detached residential dwelling unit which provides complete independent living facilities for one
or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation, on the same parcel as the single-family dwelling is situated." A second dwelling unit
also includes an efficiency unit as defined in Health and Safety Code Section 17958.1 and a
manufactured home as defined in Health and Safety Code Section 18007. Efficiency units are
defined as "units for occupancy by no more than two persons which have a minimum floor area
of 150 square feet and which may also have partial kitchen or bathroom facilities."
Manufactured homes are defined as "a structure transportable in one or more sections which, in
the traveling mode, is eight body feet or more in width or 40 body feet or more in length or when
erected on site, is 320 or more square feet and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected to
the required utilities and includes the plumbing, heating, air conditioning, and electrical systems
contained therein; except that such term shall include any structure which meets all the
requirements of this paragraph except the size requirements and with respect to which the
manufacturer voluntarily files a certification and complies with the standards established under
this part. 'Manufactured home' includes a mobile home subject to the National Manufactured
Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.)."
3. On September 14, 2005, the Planning Commission of the City of
Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the
Development Code amendments contained herein, as required by law. At the conclusion of the
hearing, the Planning Commission recommended adoption of said amendments.
4. On , 2005, the City Council of the City of Rancho Cucamonga
conducted and concluded a duly noticed public hearing concerning the Development Code
amendments contained herein as required by law.
5. All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council hereby ordains as follows:
CITY COUNCIL ORDINANCE NO.
DRC2005-00437— CITY OF RANCHO CUCAMONGA
Page 2
Section 1: The facts set forth in the Recitals, Part A of this Ordinance, are true and
correct.
Section 2: The provisions of this Ordinance and the Development Code amendments
contained herein have been reviewed and considered by the City Council in accordance with
the provisions of the California Environmental Quality Act, as amended, and the Guidelines
promulgated thereunder. The City Council finds that this Ordinance and said Development
Code amendments are exempt from the requirements of the California Environmental Quality
Act pursuant to the provisions of Section 15061(b)(3) of the Guidelines.
Section 3: Section 17.02.140.0 Definition for Second Dwelling Unit, of Title 17 of the
Rancho Cucamonga Municipal Code is hereby amended to read as follows:
"SECOND DWELLING UNIT: A detached or attached dwelling unit, which provides
complete, independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel or parcels as the primary unit is situated. A second dwelling unit also
includes an efficiency unit as defined in Health and Safety Code Section 17958.1
and a manufactured home as defined in Health and Safety Code Section 18007."
Section 4: Table 17.08.030 Use Regulations of Title 17 of the Rancho Cucamonga
Municipal Code is hereby amended to permit second dwelling units in all residential districts as
shown in the attached Exhibit A.
Section 5: Section 17.08.030.E. Special Use Regulations, subsection 6 Second Dwelling
Units, of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read as
follows:
"6. Second Dwelling Units. Permitted subject to the following criteria:
a. The unit may be constructed as an accessory building or attached to the
primary residence on a parcel in a single-family and multi-family residential
districts.
b. The unit is not for sale but for rental purposes only or use by an immediate
family member.
C. The lot contains an existing single-family detached residence and does not
contain a guest house.
d. The unit shall not exceed 640 square feet if the parcel is less than 20,000
square feet; if greater than 20,000 square feet, the second unit can exceed 640
square feet but may not be greater than 950 square feet or 30 percent of the
main dwelling unit, if attached. (Unit size is exclusive of enclosed parking
space requirement.) Lot Size: A second dwelling unit may be established on a
lot or parcel of land having a minimum of 10,000 square feet.
Height: A detached second dwelling unit shall be limited to one story, shall not
exceed 16 feet in height, and shall not exceed the height of the main dwelling
unit.
e. The unit shall have a separate entrance from the main residence.
CITY COUNCIL ORDINANCE NO.
DRC2005-00437 — CITY OF RANCHO CUCAMONGA
Page 3
f. The unit shall provide parking and access per Chapter 17.12 and provide one
enclosed parking space per bedroom, not to exceed two enclosed spaces per
unit. The enclosed parking space shall not be located in the required front or
side yard setback for the primary unit. Temporary removable units shall
provide one off-street parking space.
g. The unit construction shall conform to the site development criteria applicable
to accessory buildings or additions to main residence in the base district in
which the unit is located.
h. The unit shall match the architectural style of the primary residence in design
features such as, but not limited to, material, colors, roofing, scale, surface
treatments, and details.
i. The unit shall conform to the Hillside and/or Equestrian Overlay District in
which it is located.
j. The use of temporary/removable structures for a second dwelling unit shall be
restricted to the area at the rear of the primary residence and adhere to all
development criteria in this section.
k. The applicant shall submit to the Building and Safety Department written
certification from the affected water and sewer district that adequate water and
sewer facilities are or will be available to serve the proposed unit. For units
using septic facilities allowable by the Santa Ana Regional Quality Control
Board and the City, written certification of acceptability including all supportive
information shall be submitted.
Section 6: Severability. The City Council declares that should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain
in full force and effect.
Section 7: The City Clerk shall certify to the adoption of this Ordinance.
07/03
EXHIBIT A
Table 17.08.030- Use Regulations for Residential Districts
USE VL L LM M MH H
A. Residential Uses
Single-Family Detached P P P P.
Single-Family Attached (du-, tri- and P P P P
four-plex)
Multiple Family Dwellings P* P P P
Mobile Home Parks C C C C C C
B. Other Uses
1. Animal Care Facility C
Cemetery C C C C C C
Church C C C C C C
Club, Lodge, Fraternity & Sorority C C C C C
College or University C C C C C C
Convalescent Center C C C C
Public Facility C C C C C C
Day Care Facility
Accessory - 6 or less P P P P P P
Non-Accessory - 7 or more C C C C C C
Fire & Police Station C C C C C C
Hospital C C C C
Outdoor Recreation Facility C C C C C C
(non-commercial)
Public Park and Playground P P P P P P
Residential Care Facility
Accessory - 6 or less P P P P P P
Non-Accessory - 7 or more C C C C
Schools, Private & Parochial C C C C C C
Stable, Commercial C
Stable, Private P
USE VL L LM M MH H
Utility or Service Facility C C C C C C
Recreational Vehicle Storage or C C C C C
Mini-Storage for public use
C. Accessory Uses
2. Accessory Structure P P P P P P
Antenna P P P P P P
Caretaker's Residence C C C C C C
Guest House P P P
Home Occupation P P P P P P
Lodging Unit P P P
Other Accessory Uses P P P P P P
Private Garage P P P P P P
Private Swimming Pool P P P P P P
Second Dwelling Unit (including P P P P P P
elder cottage)
Feed & Tack Store (if accessory to C
commercial stable)
Dormitory (if accessory to college or C C C C C C
school)
Uses in Historic Structures C C C C C C
D. Temporary Uses
3. Temporary Uses as prescribed
in Section 17.04.070 and subject P P P P P P
to those provisions.
Temporary trailers for use in
conjunction with religious and C C C C C C
agricultural uses for a specified
interim period.
Note: Symbol " indicates permitted in conjunction with optional development standards only.
P = Permitted Use
C = Conditional Use Permit required"
2/04