HomeMy WebLinkAbout964 - OrdinanceORDINANCE NO. 964
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL
CODE MODIFY ADMINISTRATIVE PROCEDURES, CORRECT
ERRORS AND CLARIFY STATEMENTS FOR ENTERTAINMENT
PERMITS, ACCESSORY DWELLING UNITS, PARKING SPACE
DIMENSIONS AND DRIVE AISLE DIMENSIONS AND MAKING
FINDINGS IN SUPPORT THEREOF
A. Recitals.
1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2019-
00822, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject
Municipal Code Amendment is referred to as "the application".
2. On October 23, 2019, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Municipal Code
Amendment and, following the conclusion thereof, adopted its Resolution No. 19-67,
recommending that the City Council of the City of Rancho Cucamonga adopt said Ordinance.
3. On December 4, 2019, the City Council of the City of Rancho Cucamonga conducted a
duly noticed public hearing on the application.
4. 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 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 December 4, 2019, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The City desires to adopt the following changes to Titles 16 and 17 of the
Municipal code in order to (i) modify administrative procedures; (ii) correct errors; and (iii) clarify
standards for specific uses; and
b. The changes proposed to Title 16 (Subdivisions) and Title 17 (Development
Code) in the amendment are consistent with the General Plan goals, policies and implementation
programs; and
C. Planning Department Staff has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which
have the potential for causing significant effects on the environment. Pursuant to State CEQA
Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility
Ordinance No. 964 — Page 1 of 9
that the activity in question may have significant effect on the environment, the activity is not
subject to CEQA. The Amendment does not propose any physical change to the environment
itself. The Amendment's changes to the development review process is a procedural change and
does not eliminate the need for future entitlements for projects at a specific location that may be
subject to CEQA. The changes proposed for the regulation of entertainment are limited to the
reviewing authority and the exemption of small amplified entertainment which is most often
exempt from CEQA as it is accessory to another use in an existing facility. The text changes
proposed to ADUs and parking dimensions are for clarification or correction purposes only.
Future applications for development subject to these provisions will be reviewed for CEQA
compliance under separate entitlements or actions as currently defined by the code. During the
entitlement process, the applicant will be required to comply with CEQA. In reviewing each project
for compliance with CEQA, an applicant may be required to submit environmental studies that
analyze potential impacts such as air quality, biological resources, cultural resources, noise
levels, and transportation/traffic caused by the site -specific project. On a case -by -case review of
each project, the appropriate environmental document will be prepared to address project -specific
impacts. Based on this evidence and all the evidence in the record Planning staff has determined
that the Amendment will not have a significant effect on the environment and is therefore exempt
from further environmental review under CEQA.
SECTION 3: Section 16.12.040 of Chapter 16.12 (Office and Officer Responsibilities) of
Title 16 (Subdivisions), is hereby amended as follows:
The planning director shall be responsible for investigating proposed subdivisions for
conformity to the general plan, specific plans, planned communities and zoning ordinances
of the city.
SECTION 4: Section 16.12.070 of Chapter 16.12 (Office and Officer Responsibilities) of
Title 16 (Subdivisions), is hereby deleted in its entirety.
SECTION 5: Section 16.16.070 of Chapter 16.16 (Tentative Maps — Five or More
Parcels) of Title 16 (Subdivisions), is hereby deleted in its entirety.
SECTION 6: Section 16.16.090(A) of Chapter 16.16 (Tentative Maps — Five or More
Parcels) of Title 16 (Subdivisions), is hereby amended as follows:
A. Upon having accepted the tentative map for filing, and after completing department
review of the same, the community development director shall schedule the tentative map
for review by the planning commission.
SECTION 7: Section 17.04.020(C) of Chapter 17.04 (Administrative Responsibility) of
Title 17 (Development Code), is hereby deleted in its entirety.
SECTION 8: Section 17.16.130(C) of Chapter 17.16 (Planning Director Decisions) of
Title 17 (Development Code), is hereby amended as follows:
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.
Ordinance No. 964 — Page 2 of 9
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 design review committee for architecture and site planning. The
design review committee shall review the project design submittals and make
recommendations to the planning director based on:
i. Design and layout of the proposed development is consistent with the applicable
elements of the city's general plan, design guidelines of the appropriate district, and any
adopted architectural criteria for specialized area, such as designated historic districts,
theme areas, specific plans, community plan, boulevards, or planned developments.
ii. The design and layout of the proposed development will not unreasonably
interfere with the use and enjoyment of neighboring, existing, or future developments, and
will not create traffic or pedestrian hazards.
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.
SECTION 9: Section 17.16.140(E) of Chapter 17.16 (Planning Director Decisions) of
Title 17 (Development Code), is hereby amended as follows:
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 review. The applicant and any
persons requesting notice will be notified at least ten days prior to the meetings.
3. All development proposals submitted pursuant to this section may be reviewed
by the design review committee for architecture and site planning. The
design review committee shall review the project design submittals and make
recommendations to the planning director based on:
i. Design and layout of the proposed development is consistent with the applicable
elements of the city's general plan, design guidelines of the appropriate district, and any
adopted architectural criteria for specialized area, such as designated historic districts,
theme areas, specific plans, community plan, boulevards, or planned developments.
ii. The design and layout of the proposed development will not unreasonably
interfere with the use and enjoyment of neighboring, existing, or future developments, and
will not create traffic or pedestrian hazards.
Ordinance No. 964 — Page 3 of 9
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.
4. Proposals submitted pursuant to this section may also require review by other
necessary committees as applicable (e.g., trails).
SECTION 10: Section 17.20.040(C) of Chapter 17.20 (Planning Commission Decisions)
of Title 17 (Development Code), is hereby amended as follows:
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 review. The applicant and any persons requesting notice will be notified at
least ten days prior to the meetings.
2. All development proposals submitted pursuant to this section are reviewed by the
design review committee. Review and analysis by the design review committee will
consider design elements, such as, but not limited to, compatibility of the project to
surrounding properties, relationship of the design and layout of the project to the site,
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
design review committee shall review the project design submittals and make
recommendations to the planning director based on:
i. Design and layout of the proposed development is consistent with the applicable
elements of the city's general plan, design guidelines of the appropriate district, and any
adopted architectural criteria for specialized area, such as designated historic districts,
theme areas, specific plans, community plan, boulevards, or planned developments.
ii. The design and layout of the proposed development will not unreasonably
interfere with the use and enjoyment of neighboring, existing, or future developments, and
will not create traffic or pedestrian hazards.
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.
Ordinance No. 964 — Page 4 of 9
3. Proposals submitted pursuant to this section may also require review by other
necessary committees as applicable (e.g., trails).
SECTION 10: Section 17.20.020 of Chapter 17.20 (Planning Commission Decisions) of
Title 17 (Development Code), is hereby moved to Chapter 17.16.170 and amended as follows:
17.16.170 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-month period, when proceeds, if any, arising from such
entertainment are used for the purpose of such club, society, or association.
5. Entertainment provided by no more than four performers as an accessory use to
an established business where dancing is not allowed.
6. Entertainment conducted solely on or at any premises or location which is owned
or operated by, or leased by, to, or from the United States, State of California, County of
San Bernardino, City of Rancho Cucamonga, or any agency or subdivision thereof.
7. Any adult entertainment business regulated by section 17.20.050 (Adult
Entertainment Permit) of this Code.
D. Review process. An application for a conditional use 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
conditional use permits. However, the planning director may also refer an entertainment
permit to the planning commission for review and approval pursuant to section 17.14.060.0
(Referral to the Planning Commission).
E. Findings. The planning director shall only approve an application for an
entertainment permit if all of the following findings are made:
Ordinance No. 964 — Page 5 of 9
1. The conduct of the establishment or the granting of the application is consistent
to the public health, safety, morals, or welfare.
2. The premises or establishment is likely to be operated in a legal, proper, and
orderly manner.
3. Granting the application would not create a public nuisance.
4. The normal operation of the premises would not interfere with the peace and
quiet of any surrounding residential neighborhood.
5. The applicant has not made any false, misleading, or fraudulent statement of
material fact in the required application.
F. Conditions. The planning director in granting any permit may also impose such
reasonable conditions as to the use or extent of such permit as deemed appropriate.
G. Annual renewal. Entertainment permits require submission of an annual renewal
statement and fee, due on or before January 1 of each and every year. A written request for
one 30-day extension may be submitted and is subject to approval of the planning director.
The applicant for every renewal of an entertainment permit shall submit to the planning
director a written statement setting forth such information concerning the applicant's
business during the preceding year as may be required by the planning director to enable
him or her to ascertain whether the information listed on the original entertainment permit
application has changed in the past year.
H. Transfer of permit.
1. An entertainment permit issued pursuant to this chapter may be transferred or
assigned to another person or business entity at the same physical location, provided there
is no intensification or substantial alteration of the originally approved entertainment use.
Any request for transfer of an entertainment permit due to change in ownership shall be
submitted in writing to the planning director.
2. An entertainment permit issued pursuant to this chapter shall not be transferred
or assigned to another location for any purpose. Any change in location shall require a new
permit. The following shall be deemed a change of location:
i. Any relocation or expansion that includes a separate piece of property or parcel
of land; or
ii. Any expansion of the initially permitted premises which represents a greater than
50 percent increase in the square footage of space devoted to public access or occupancy.
SECTION 11: Table 17.14.060-1 of Chapter 17.14 (General Application Processing
Procedures) of Title 17 (Development Code), is hereby amended for entertainment permits only
as follows:
TABLE 17.14.060-1 APPROVING AUTHORITY FOR LAND USE ENTITLEMENTS
Type of Permit or Decision
Designated Approving Authority "R" _ "Recommending Body"
T" _ "Final Decision -Makin Bod "
Planning
Historic
Preservation
Planning
City Council
Director
Commission
Commission
Entertainment permit
F
SECTION 12: Table 17.100.040-1 of Chapter 17.100 (Accessory Dwelling Units) of Title
17 (Development Code), is hereby amended as follows:
Ordinance No. 964 — Page 6 of 9
TABLE 17.100.040-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS
Accessory Dwelling Unit
Type
Minimum Size
Maximum Size'
Attached
220 sq. ft.
50% of main dwelling unit
or 1,200 sq. ft.
Detached
350 sq. ft.
�11,200 sq. ft.
Height
Cannot exceed the
height of the
primary structure
Maximum size for ADU does not include optional accessory structures (i.e. garage)
16 feet
SECTION 13: Section 17.64.040 of Chapter 17.64 (Parking and Loading Standards) of
Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is deleted in its entirety
and replaced as follows:
17.64.040 General parking and loading requirements.
The layout of parking spaces, loading berths, and parking aisles shall comply with all the
requirements listed below. These parking requirements apply to both on- and off-street parking
spaces, unless specifically stated otherwise.
A. The required parking spaces, loading berths, and parking aisles may not be located on any
street right-of-way.
B. Parking space and drive aisle dimensions.
1. When outdoors (e.g., parking lot), each parking space shall have a minimum size of
nine feet by 17 feet with a required one -foot overhang (e.g., over a curb stop) and shall
be free of obstructions such as columns or walls.
2. When indoors or under a shelter (e.g., parking structure or carport/shade structure),
each parking space shall be 9 feet by 18 feet. When adjacent to a column or wall, each
parking space shall be 10 feet by 20 feet. At the discretion of the planning director,
parking spaces adjacent to a column or wall may be reduced to 9 feet by 18 feet.
3. Each loading berth shall be a minimum size of 12 feet by 30 feet whether indoors or
outdoors.
4. When garage parking is required, parking spaces shall be designed in a side by
side configuration with a minimum of ten feet wide by 20 feet deep for each required
parking space free and clear of obstructions. If tandem parking is provided, only one
space will count toward the minimum parking requirements.
5. Parking aisles and spaces shall meet the dimensional requirement of Table
17.64.040-1 (Angled Parking Space and Drive Aisle Dimensions) and Table 17.64.040-2
(Parallel Parking Space and Drive Aisle Dimensions) and the related Figures 17.64.040-
1 and 17.64.040-2.
C. Parking space and drive aisle dimensions.
Ordinance No. 964 — Page 7 of 9
1. When outdoors (e.g., parking lot), each parking space shall have a minimum size of
nine feet by 18 feet or nine feet by 17 feet with a one -foot overhang (e.g., over a curb
stop). Each space shall be free of obstructions such as columns or walls.
2. All parking stalls shall be permanently maintained with double lines, with two lines
located an equal of nine inches on either side of the stall sidelines.
TABLE 17.64.040-1 ANGLED PARKING SPACE AND DRIVE AISLE DIMENSIONS
Angle
Stall Width a
Stall to Curb b
Aisle c
Two Rows + Aisle d
900
9'-0"
18'-0"
24'-0"
63'-0"
9'-6"
18'-0"
24'-0"
62'-6"
10'-0"
18'-0"
24'-0"
62'-0"
600
9'-0"
21'0"
20'-0"
62"-0"
9'-0"
21'-0"
19'-0" (2)
61'-0"
9'-6"
21'-3"
18'-6" (2)
61'-0"
10'-0"
21'-6"
18'-0" (2)
61'-0"
450
9'-0"
19'-10"
20'-0" (1)
59'-8"
9'-0"
19'-10"
16'4" (2)
56'-0"
9'-6"
20'-2"
15'-2" (2)
55'-6"
10'-0"
20'-6"
14'-0" (2)
55'-0"
Table notes:
(1) Two-way aisle.
(2) One-way aisle.
SECTION 14. The City Council declares that, should any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
SECTION 15. Neither the adoption of this Ordinance nor the repeal of any other
Ordinance of this City shall in any manner affect the prosecution for violations of ordinances,
which violations were committed prior to the effective date hereof, nor be construed as a waiver
of any penalty or the penal provisions applicable to any violation thereof.
SECTION 16. The City Clerk shall certify to the adoption of this Ordinance and shall cause
it to be published in the manner required by law.
Ordinance No. 964 — Page 8 of 9
PASSED, APPROVED, AND ADOPTED this 18th day of December, 2019.
ATTEST:
ice �Re�os, rk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
4L-nlnis Michael, Mayor
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 City Council of the City of Rancho Cucamonga held on the 41h day of December 2019, and
was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on
the 18th day of December 2019.
AYES: Hutchison, Kennedy, Michael, Scott and Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 19th day of December 2019, at Rancho Cucamonga, California.
Reynold,
Ordinance No. 964 — Page 9 of 9