Rancho Cucamonga City Zoning Code
ARTICLE V
SPECIFIC USE REQUIREMENTS
§ 17.86.010 Purpose and intent.
It is the intent of these regulations 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 residential zones. 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 purpose of these regulations to establish 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.
(Ord. No. 1000 § 4, 2022)
§ 17.86.020 Development and operational standards.
Qualifying adult business uses as defined in article IX, chapter 17.142 (Adult Business Definitions) shall comply with all of the following development, operational, and maintenance standards:
A.
Areas for adult entertainment establishments. Adult entertainment establishments are permitted only in those areas of the city within industrial zones as specified in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) and are not permitted west of Haven Avenue. Establishments are further subject to the proximity requirements of this section. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in this Development Code for a zone and use most comparable to the proposed adult entertainment business, as determined by the planning director.
B.
Minimum proximity requirements. No adult entertainment establishment shall be established within specified distances of certain specified land uses as set forth below:
1.
No such establishment shall be established within 1,500 feet of any other adult entertainment establishment.
2.
No such establishment shall be established within 1,500 feet from any existing residential dwelling, residentially zoned property, church or similar place of worship, school or day care facility (public or private), park or playground, recreational facility, hospital, public buildings (e.g., city hall, county offices, courthouse, libraries, etc.), and the right-of-way on Haven Avenue, Milliken Avenue, 4th Street, Foothill Boulevard, and the I-15 freeway.
C.
Measurement of distance between uses. The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment establishment and any school, public park, or residential zone, etc., shall be measured in a straight line without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school, public park, or residential zone, etc.
D.
Closed viewing areas. No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms, or other areas within its place of business that are used, designed, or furnished for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any city inspectors standing at the front door (not to include existing and approved restroom facilities).
(Ord. No. 1000 § 4, 2022)
§ 17.86.030 Permit requirements.
It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the planning commission consistent with requirements of chapter 17.14 (General Application Processing Procedures) and chapter 17.20 (Planning Commission Decisions).
(Ord. No. 1000 § 4, 2022)
§ 17.86.040 Violations and penalties.
A.
Criminal violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this section. Any person, firm, partnership, or corporation violating any provision of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which violation of any of the provisions of this section is committed, continued, or permitted by such a person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this section.
B.
Civil remedies available. A violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance.
(Ord. No. 1000 § 4, 2022)
§ 17.88.010 Purpose.
The purpose of this chapter is to establish reasonable limits related to animal keeping which is considered accessory to residential use and is limited according to the provisions within this chapter. Further, this chapter ensures that the keeping, raising, and maintenance of domestic pets, livestock animals, and bees within the city does not create an adverse impact on adjacent properties by reason of dust, fumes, noise, odor, insect or vermin infestations, or visual blight, and to maintain animal welfare and public health, safety, and well-being. This chapter makes a distinction between household pets, exotic animals and typical livestock and larger animals.
(Ord. No. 1000 § 4, 2022)
§ 17.88.020 Standards for animal keeping.
A.
Limitations on the number of animals.
1.
2.
Offspring.
a.
Young animals born to a permitted animal listed in Table 17.88.020-1 kept on the lot may be kept until such animals are weaned (i.e. cats and dogs - four months; large animals - six months; and horses - 12 months).
b.
Young animals are not subject to the maximum number of animals allowed in Table 17.88.020-1 (Number of Animals Permitted by Zone).
Table 17.88.020-1 NUMBER OF ANIMALS PERMITTED BY ZONE | |||||
|---|---|---|---|---|---|
Type of Animal | Zones in Which Animals are Permitted | Maximum Number of Animals Permitted by Lot Size (sq. ft.) | |||
<7,200 | 7,200 – 9,999 | ≥10,000 – 19,999 | ≥20,000 | ||
Domestic Pets | |||||
Cats | All zones | 3 | 3 | 4 | 4 |
Dogs | All zones | 3 | 3 | 4 | 4 |
Pigeons, doves, parrots, and other small birds (1) | All zones | 5 | 10 | 20 | 25 |
Exotic Animals (2) | |||||
Exotic animals | All residential and form-based zones | Number and type permitted determined by Minor Use Permit process | |||
Livestock and Poultry | |||||
Large Livestock (1 animal per 10,000 sq. ft. of lot area) | |||||
Bovine | VL and L zones | - | - | - | 3 |
Horses | VL and L zones | - | - | - | 6 |
Medium Livestock (1 animal per 5,000 sq. ft. of lot area) | |||||
Llamas, alpacas, donkeys, ponies, or similar-sized animals | VL and L zones | - | - | - | 4 |
Sheep, goats, swine, or similar-sized animals | VL, L, and ME1 zones (3) | - | - | - | 6 |
Small Livestock (1 animal per 5,000 sq. ft. of lot area) | |||||
Dwarf and pygmy goats, miniature pigs or similar-sized animals | VL and L zones | - | - | 4 | 6 |
Poultry (non-crowing), rabbits | All residential and form-based zones | - | 4 | 5 | 25 |
Poultry (crowing) | VL zone only (3) | - | - | - | 2 |
ME1 zone only (4) | - | - | - | 6 | |
Bees | |||||
Bee colonies | VL zone only | - | - | - | 2 |
Table Notes: | |
|---|---|
(1) | Total number of pigeons, doves, parrots, and other small birds per lot. |
(2) | Exotic animals require a minor use permit in all residential and mixed-use zones. Additional findings in section 17.88.040 shall be met. |
(3) | For crowing poultry in the VL zones, a minimum of one acre is required. The maximum number of animals allowed is two, subject to compliance with section 17.66.050 (Noise standards). |
(4) | For crowing poultry and livestock in the ME1 zone, a minimum of ten acres is required. The maximum number of animals allowed is six, subject to compliance with section 17.66.050 (Noise standards). |
B.
General rules and restrictions.
1.
Manure storage and removal.
a.
Removal of manure must occur no less than once a month or as necessary to ensure the health, safety, and welfare of residents and visitors to the area.
b.
Manure shall be stored within enclosures built expressly for this purpose. Manure storage containers shall be set back a minimum of 50 feet from any perimeter property line.
c.
Any conditions that result in odors, unsightly areas, or infestation that can be detected beyond the property line shall be deemed a public nuisance and/or health hazard and shall be abated within seven days of proper notice.
d.
Nothing in this subsection shall be deemed to prohibit the use of animal manure or droppings to fertilize any farm, garden, lawn, or ranch in a manner that is compatible with customary methods of good horticulture.
e.
No incineration of animal refuse shall be permitted on the premises.
2.
Feeding of livestock shall be done exclusively from containers (e.g., a trough) or on an impervious platform. Food for feeding livestock shall be stored in rodent and predator resistant containers. The area where livestock are fed must be located a minimum of 20 feet from any habitable dwelling.
3.
Watering troughs or tanks shall be provided, which shall be equipped with adequate facilities for draining the overflow, to prevent the ponding of water, the breeding of flies, mosquitoes, or other insects, or any additional health hazards. Watering troughs must be located a minimum of 20 feet from any dwelling.
4.
Shelters must be covered, predator-resistant, properly ventilated, and designed to be easily accessed, cleaned, and maintained.
5.
All animal-keeping facilities must be designed in a manner such that water runoff does not become a health hazard or nuisance to uses on other properties; is contained and disposed of and does not contribute to the pollution of local groundwater or the flooding of adjacent properties.
C.
Standards for specific animal types.
1.
Winged animals.
a.
Winged animals must have wings clipped or be contained in a covered enclosure at all times in order to ensure they are confined on the property.
2.
Large livestock. (See Table 17.88.020-1 for standards for the number of animals)
b.
Additional standards for horse corrals.
i.
Horse corrals or enclosed box stalls shall have a minimum area of 12 x 12 feet for each animal.
ii.
The corral and stable shall be located not less than 50 feet from all neighboring dwellings.
iii.
Horse corral fences shall be at least five feet in height and constructed securely to confine the horses.
iv.
A permanent shelter shall be provided to serve all large livestock including horses maintained on the property, with an area of 60 square feet for the first horse and an additional 36 square feet for each additional horse. Shelter shall consist of structures with an overhead cover to screen direct sunlight, wind, and rain and constructed such that they are weatherproof and will not be damaged by wind or rain.
v.
The corral and stable areas shall be sprinkled with water or otherwise treated so as to prevent dust, and all accumulation of manure, mud, or refuse shall be eliminated so as to prevent the breeding of flies.
vi.
Any effects such as odors, dust, and flies which may be created from the keeping of such animals shall not be detectable from adjacent properties.
c.
Deed restrictions. New subdivision conditions, covenants and restrictions shall not prohibit the keeping of equine animals, where zone requirements for the keeping of said animals have been met. Individual lot owners shall have the option of keeping equine animals with-out the necessity of appealing to boards of directors or homeowner's associations for amendments to CC&Rs. A copy of the CC&Rs for single-family subdivisions shall be reviewed and approved by the city prior to final map recordation. Except as provided here-inabove, this section shall not be construed to supersede animal regulations contained in the conditions, covenants, and restrictions of any site or dwelling unit. However, in no case shall private deed restrictions permit animals or numbers of animals beyond those allowable in this section.
3.
Medium livestock. (See Table 17.88.020-1 for standards for the number of animals)
a.
No pigsty shall be built or maintained on marshy ground or land subject to overflow, or with-in 150 feet of any watercourse or other source of water supply, or within 300 feet of a dwelling unit on an adjoining property.
b.
A permanent shelter shall be provided to serve all medium livestock with an area of 30 square feet for the first animal and an additional 20 square feet for each additional animal. A "shelter" or "shelters" shall consist of structures with an overhead cover to screen direct sun-light, wind, and rain and constructed such that they are weatherproof and will not be damaged by wind or rain.
c.
The corral and stable areas shall be sprinkled with water or otherwise treated so as to prevent dust, and all accumulation of manure, mud, or refuse shall be eliminated so as to prevent the breeding of flies.
d.
Any effects such as odors, dust, and flies which may be created from the keeping of such animals shall not be detectable from adjacent properties.
4.
Small livestock. (See Table 17.88.020-1 for standards for the number of animals)
a.
Shelters for small livestock must meet the following requirements:
i.
Be located no less than ten feet from property lines abutting another residential lot and at least 20 feet from the nearest primary or main dwelling.
ii.
May extend up to any property line abutting a public alley right-of-way or private alley tract.
iii.
Livestock containment areas must have a minimum of ten square feet of permeable outdoor space per poultry or rabbit, and 130 square feet of permeable space per miniature goat or miniature pig.
iv.
Livestock containment areas must have a minimum of four-square feet of indoor space per poultry or rabbit.
D.
The keeping of all animals must comply with all applicable local, state, and federal regulations.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023)
§ 17.88.030 Standards for beekeeping.
A.
Beekeeping is allowed in the VL zone. The principal use of the property on which beehives are kept must be residential.
B.
Beehives, structures for housing honeybees, shall only be located in rear yards and shall be placed a minimum of 50 feet from any property line, street, road, highway, public school, park, property boundary, and from any dwelling or place of human habitation other than that occupied by the owner or care-taker of the apiary or further if determined to be beneficial for health and safety purposes. In all zones, the entrance to the beehive shall face away from the property line closest to the hive.
C.
A flyway barrier made of a solid wall, fence, dense vegetation, or combination of these materials that extends beyond the hives on each end of a bee colony shall be established and maintained so that all bees are forced to fly at an elevation of at least six feet above ground level in the vicinity of the beehive. Any fence, wall, or natural barrier proposed as a flyway barrier shall comply with the provisions of chapter 17.48 (Fences, Walls, and Screening), as well as the following:
D.
A plentiful source of water less than 300 feet from the apiary shall be made available for the bees at all times of the year so that bees are less likely to congregate at swimming pools, pet watering bowls, bird baths, or other water sources off the premises of the apiary.
E.
In any instance in which a bee colony exhibits unusually defensive characteristics by stinging or attempting to sting without provocation or exhibits an unusual disposition towards swarming, beekeepers shall promptly re-queen the colony with another marked queen. Queens shall be selected with a gentle disposition from stock bred for gentleness and non-swarming characteristics. An owner/keeper of a beehive must be able to produce proof of a receipt from a queen breeder.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023)
§ 17.88.040 Additional findings for exotic animals.
Prior to approval of a minor use permit (MUP) for exotic animal keeping, the planning and the animal services director shall make the following additional findings:
A.
The keeping of the animal at the location specified in the application will not violate any federal, state, or local law.
B.
Odor, noise, dust, and drainage from the keeping and maintenance of the animal will not cause a nuisance or hazard to the public.
C.
The keeping and maintenance of the animal will not endanger the peace, health, or safety of persons in the immediate vicinity, or in the city as a whole.
(Ord. No. 1000 § 4, 2022)
§ 17.89.010 Purpose.
A.
Purpose. The purpose of this chapter is to establish locational criteria, development standards and operational standards to regulate automobile service stations and associated ancillary uses in order to:
1.
Limit the concentration of automobile service stations with separation, distance, and adjacency to sensitive uses requirements.
2.
Promote and preserve the public health, safety, convenience, general welfare, and general prosperity of the community. It is the intent of this chapter that automobile service stations shall not create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development, and redevelopment of the surrounding area as reflected in the general plan.
3.
Regulate automobile service station development to ensure that the design and operation of such uses effectively mitigate associated impacts of traffic, congestion, excessive pavement, lighting, litter, hazardous materials, and noise.
4.
Supplement the standards in the underlying zoning district for automobile service stations. In the event of a conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply. Automobile service stations shall also comply with all applicable state and federal regulations regarding site design, pricing signs, containment, maintenance, and operations.
B.
Applicability. The requirements of this chapter apply all new service station development. Whenever an applicant is required to obtain a building permit and/or approval of a development entitlement from the city, the applicant shall submit sufficient information for the approving authority to determine whether the proposed automobile service station will comply with the requirements of this chapter.
(Ord. No. 1017 § 9, 2023)
§ 17.89.020 Development and design standards.
A.
Location and Separation Requirements.
1.
Separation Requirements. Automobile service stations, including ancillary uses, shall be separated from other automobile service stations by a minimum of 1,000 feet. Separation distance shall be measured in a straight line from the nearest property line of said automobile service stations.
a.
Automobile service station which exclusively provides alternative fuels shall not be subject to the separation requirements of this section.
B.
General Development Standards. New and reconstructed automobile service stations shall comply with the following development standards.
1.
Minimum Site Area. 40,000 square feet.
2.
Maximum Lot Coverage. 40 percent of the total lot size, including the canopy. No more than 20 percent of the total lot area shall be covered by a canopy.
3.
Maximum Number of Driveways. No more than two driveways or means of access shall be provided to any one street or highway. No more than 35 percent of the street frontage shall be devoted to curb cuts. Within integrated developments, share access driveways are required.
a.
Driveways shall not be located closer than 25 feet to the end of a curb corner or a common property line when adjacent to a residential zoning district. The planning director may consider deviations from this requirement due to demonstrated site constraints, subject to compliance with all other applicable development standards.
4.
Pump Islands.
a.
Pump islands shall be set back a minimum of 60 feet from an adjoining parcel which are used, zoned, or designated by the general plan for residential uses, schools, parks, or religious facility to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 50 feet within this distance.
b.
Pump islands shall be set back a minimum of 25 feet from any nonresidential property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 15 feet within this distance.
c.
The pump island shall be situated to provide stacking space for a minimum of two vehicles behind the vehicle parked at the pump closest to any entrance and/or exit driveway.
d.
At least one pump station shall be accessible to oversize vehicles, including recreational vehicles.
5.
Ancillary Equipment/Devices. Ancillary equipment/devices such as air compressors shall not be located in any required building setback area.
6.
Parking Requirements. The automobile service station and any ancillary uses shall comply with all applicable standards of chapter 17.64 (Parking and Loading Standards). Where conflict arises between section, the requirements of this subsection shall take precedent.
a.
Automobile Service Station. Two spaces minimum. Spaces at the pump island do not satisfy this parking standard. Any additional, ancillary uses on the property shall also include the parking requirements listed below.
b.
Automobile Service Station with a Convenience Store. Five spaces per 1,000 square feet of gross floor area of the convenience store. Up to 50 percent of the pump islands may be counted as parking spaces at a minimum ratio of one space for each pump island.
c.
Automobile Service Station with Vehicle Service Bay. One space per service bay.
d.
Automobile Service Station with Restaurant and/or Car Wash. The parking requirement shall be determined by a parking demand study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense.
C.
Alternative Fuel Stations.
1.
A minimum of one alternative fuel stations shall be provided for every four petroleum-based fuel pumps. The alternative fuel stations can be an electric vehicle charging station, compressed natural gas (CNG), hydrogen, or other alternative fuel.
a.
Existing automobile service stations shall add at least one alternative fuel station when proposing an expansion of the existing operation.
2.
A waiting/seating area shall be provided for customers charging an electric vehicle at a designated charging station.
3.
Automobile service stations which exclusively provide alternative fuels shall be subject to the requirements of this chapter, with exception to the separation requirements.
(Ord. No. 1017 § 9, 2023; Ord. No. 1023, 1/17/2024)
§ 17.89.040 Operational standards.
A.
Location of Activities. All activities and operations shall be conducted entirely within the enclosed ancillary structure(s), except as follows:
B.
Site Maintenance. The site including all structures, landscaping, walls/fences, and signs shall be maintained in good repair, in a clean, neat and orderly condition. Driveways, parking, landscape, and service areas shall be maintained and kept free of grease, oil, and other petroleum products in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled grease, oil, and other petroleum products without washing them into drainage, gutter, or sewer systems.
C.
Trash Receptacles. Trash receptacles shall be located at the building entrance and at each pump island. The premises shall be kept free of the accumulation of litter or waste. Removal of waster or litter from the trash receptacles shall occur at a minimum or once each day the business is open.
D.
Trash Enclosure. A trash enclosure, completely enclosed with a decorative masonry wall not less than six feet high with a solid metal self-enclosing gated opening, and large enough to accommodate standard-sized commercial trash bins, shall be located on the rear portion of the property in a manner which is accessible to refuse collection vehicles. An architecturally integrated trellis shall be provided above the trash enclosure.
E.
Public Service Facilities. All automobile service stations shall:
1.
Provide restrooms on site, at no charge, for customer use during normal business hours. The restroom shall be continuously maintained in a clean and sanitary manner. Entrances to restroom facilities shall be located within a building.
2.
Provide and maintain an air pump and radiator water hose for public use.
F.
Noise. All outdoor noise generators associated with an automobile service station and any ancillary use(s) shall be identified by the applicant during conditional use permit review and may require the submittal of a professional noise analysis to quantify noise sources.
1.
Automobile service station and ancillary use noise (e.g., bells, loudspeakers, tools, video/audio pump stations, and sound signals, etc.) shall not be audible from residentially zoned or residentially occupied parcels between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays.
2.
Automobile service station and ancillary use operations shall comply with all other applicable noise requirements of the Rancho Cucamonga Municipal Code.
G.
Hazardous Materials. All necessary permits for the storage and use of hazardous materials shall be obtained. All automobile fluids shall be recycled or removed according to applicable state and federal standards.
H.
Propane Tank Sales. Propane tank sale displays shall be located outside of any required setback area and shall be stored in a secure display. The city may require landscaping or other type of screening to conceal the propane tanks from public view.
I.
Mechanical Equipment.
1.
All hydraulic hoists and pits, all equipment for lubrication, greasing, automobile washing and permitted repairs shall be enclosed entirely within a building.
2.
All rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way.
3.
All ground mounted gasoline vapor recovery units and venting pipes shall be partially enclosed with a six-foot-high decorative solid screen wall and landscaping and shall not be located in any required setback area. The city may consider deviations from this requirement due to demonstrated site constraints subject to compliance with all other applicable development standards.
J.
Ancillary Uses. Ancillary uses related to automobile service stations shall not operate 24 hours a day.
2.
Car Wash.
a.
Applicants shall provide a queuing study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense.
b.
Applicants shall provide a noise study prepared by an independent acoustical engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense.
3.
Vehicle Repair Shop.
a.
Openings of service bays shall be designed to minimize the visual intrusion onto adjoining public rights-of-way and properties.
b.
Service bay doors shall not directly face an existing residential development or residential zone.
c.
Vehicle repair shops shall be limited to battery and ignition services, tire repair and sales, and other accessory sales and services for automobiles; but shall exclude major automobile repairs, tire recapping, steam cleaning, painting, body and fender work, engine overhaul, and other work of a similar nature.
4.
Restaurants. Drive-through restaurants shall be prohibited.
K.
Discontinuation of an Automobile Service Station Use or Structure. An automobile service station use that has been legally established and conforms to all standards of title 17 shall not be re-established if such use has been discontinued for a continuous period of 12 months or more.
L.
Legal Nonconforming. Any automobile service station that is lawfully operating in the city and does not conform to the provisions of this chapter, but which were legally established prior to the date this section was adopted, shall be considered a legal nonconforming use. Except as provided below, legally established nonconforming automobile service stations and ancillary uses on said automobile service station site shall be subject to chapter 17.62 (Nonconforming Uses, Structures, and Lots).
1.
Modifications to existing automobile service stations or ancillary uses. Automobile service station uses and structures related thereto shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use unless in compliance with the provisions of this chapter. If conformity with standards adopted pursuant to this chapter causes hardship due to existing configuration of on-site buildings or structures, a variance may be applied for, pursuant to section 17.20.030 (Variance).
(Ord. No. 1017 § 9, 2023; Ord. No. 1023, 1/17/2024)
§ 17.90.010 Purpose.
The purpose of this chapter is to regulate car washing and detailing uses, including mobile car washing, with development standards and operational requirements that will ensure high quality car wash development and address the mitigation of impacts that can be associated with car washes such as noise, water and air quality, aesthetics, and traffic related impacts.
(Ord. No. 1000 § 4, 2022; Ord. No. 1017 § 8, 2023)
§ 17.90.020 Development standards.
A.
The site layout and design shall ensure that the queuing and drying areas will not create overspill onto adjoining walkways and streets, or onto adjacent properties/parcels not associated with the car wash use.
B.
All washing facilities shall be completely within an enclosed building.
C.
Whether automatic, by hand, or self-service, the car wash structure (including wash bays) shall be located a minimum 100 feet from the boundary of any residentially zoned or developed property.
D.
All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Buildings shall be oriented toward the primary street, with auto-servicing use/activity located in the rear of the site. Vehicular openings shall not face any adjacent residentially zoned or developed property.
E.
Vacuuming facilities shall not be located along public or private streets and shall be completely screened from adjacent residential properties for noise attenuation purposes. Additional noise attenuation may be required depending on the number of vacuums, including distance separation, to the satisfaction of the planning director.
F.
The car wash structure must be architecturally compatible in terms of mass, scale, and building colors and materials with any other buildings on site and with the surrounding neighborhood.
G.
The queuing area shall be of a sufficient length to accommodate the necessary stacking of vehicles. The stacking distance shall be determined through a parking study as provided in chapter 17.64 (Parking and Loading Standards). Each drive-through lane shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site.
(Ord. No. 1000 § 4, 2022; Ord. No. 1017 § 8, 2023)
§ 17.90.030 Operational requirements.
A.
Hours of operation shall be limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m., and Sunday, 9:00 a.m. to 6:00 p.m., unless site specific circumstances otherwise warrant alternative hours of operation, as determined through the conditional use permit process.
B.
Recycling of water used for vehicle washing shall be maximized. The use of recycling water systems and the disposal of water fluids and solids shall comply with applicable state and federal guidelines/standards and must be approved by the engineering services department.
C.
All mechanical ventilating equipment shall be directed to exhaust vents and cannot face adjacent residential properties. Exhaust systems shall be equipped with appropriate control systems to minimize or eliminate noxious pollutants that may impact ambient air quality and must adhere to all applicable local, state, and federal air quality standards.
D.
All uses at the subject site, including any power driven or steam cleaning machinery, drying equipment, or vacuuming machines shall maintain noise levels below the levels provided in section 17.66.050 (Noise standards) of this code.
E.
The installation and operation of outdoor loudspeakers or public address systems is not permitted.
(Ord. No. 1000 § 4, 2022; Ord. No. 1017 § 8, 2023)
§ 17.90.040 Mobile car washing and detailing.
Mobile car washing and detailing is considered an incidental use related to the permitted principal land use in any zone upon which the activity takes place. A city business license and any applicable permits related to wastewater or environmental protection must be obtained. The following operational requirements shall apply to all mobile car washing and detailing uses:
A.
Operators are prohibited from engaging in washing the exterior of a vehicle on any public street or public right-of-way, or on any vacant unimproved lot.
B.
Mobile car washing and detailing businesses operating in nonresidential zones shall not operate within 300 feet of a boundary of a residential zone and/or residential structure.
C.
Hours of operation in residential zones shall be limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m., and Sunday, 9:00 a.m. to 6:00 p.m. Hours of operation in nonresidential zones shall be limited to Monday through Sunday, 8:00 a.m. to 7:00 p.m.
D.
In nonresidential zones, mobile car washing, and detailing businesses shall not operate at the same location and/or at the same property for more than four hours during the permitted hours of operation (as identified above) and shall not operate for more than one day per week.
E.
In nonresidential zones, mobile car washing, and detailing businesses shall not service more than 20 vehicles per location per week.
F.
Operators shall maintain noise levels below the levels provided in section 17.66.050 (Noise Standards) of this code.
G.
The operator of a mobile car washing, and detailing business shall obtain, and have evidence of, the authorization of the property owner (or the property owner's authorized representative) to operate prior to commencement of operations and throughout the duration of the activities.
H.
At all times operators shall either contain wastewater for disposal off site or divert wastewater to a sanitary sewer on site to the satisfaction of the engineering services director/city engineer.
(Ord. No. 1000 § 4, 2022; Ord. No. 1017 § 8, 2023)
§ 17.91.010 Purpose.
This chapter regulates drive-through facilities to ensure that an adequate amount of space is allocated for on-site maneuvering and circulation, that vehicles in a queue for service do not impede traffic on abutting streets and parking areas, and that stacking lanes will not have nuisance impacts on nearby residential uses. This chapter establishes development standards to mitigate the impacts of traffic, congestion, excessive pavement, litter, and noise while ensuring pedestrian connectivity is uninterrupted by vehicles and outdoor spaces are provided and preserved.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023; Ord. No. 1017 § 8, 2023)
§ 17.91.020 Applicability.
A.
These development standards apply to all uses that include drive-through facilities and to all portions of a development that comprise the drive-through facility.
B.
The development standards for new uses with drive-in and drive-through sales and services, the addition of drive-through facilities to existing developments, and the relocation of existing drive-through facilities will be reviewed in conjunction with any required conditional use permit and/or major design review application.
C.
The approval of a drive-through facility shall require that the review authority to make all of the following findings, in addition to those required for a conditional use permit as stated in section 17.20.060 (Conditional use permit).
1.
The proposed amount of parking, circulation plan, and traffic management plan will provide adequate area for safe stacking and maneuvering of vehicles, and the site design will provide adequate buffering of the use from adjoining land uses;
2.
The proposed location of the drive-through facility will not result in adverse impacts upon the vicinity after giving consideration to a litter clean-up plan, the hours of operation, and the site plan;
3.
The proposed location of the drive-through facility will not block existing drive isles in shared parking areas; and
4.
The proposed location of the drive-through facility will not interfere with and/or impact on-site pedestrian access/circulation.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023; Ord. No. 1017 § 8, 2023)
§ 17.91.030 Additional application requirements.
In addition to the standard application requirements for a conditional use permit stipulated in section 17.20.060 (Conditional use permit), an applicant for a restaurant with a drive-through business shall submit the additional application requirements prescribed by the director.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023; Ord. No. 1017 § 8, 2023)
§ 17.91.040 Development and design standards.
The following standards shall be the minimum requirements for all drive-in and drive-through facilities. Refer to Figure 17.91.040-1 (Drive-Through Design Standards). Approvals for a conditional use permit as described in section 17.20.060 (Conditional use permit) and major design review described in section 17.20.040 (Major design review) shall only be granted in compliance with these standards.
A.
Site planning.
1.
Location.
a.
Access to drive-through facilities is only permitted on streets designated as automobile priority in the Rancho Cucamonga General Plan, Figure M-5 (Automobile Priority).
2.
Site area. The minimum net land area for uses with drive-through facilities is one acre. This minimum land area may be modified by the review authority through the design review process when the drive-through facility is within a master plan or an integrated shopping center.
3.
Building placement and orientation.
a.
Buildings shall be placed on the front yard or street side yard setback line and oriented so that the primary public entrance faces the street.
b.
Outdoor dining and seating areas shall be located near the main pedestrian entrance.
c.
Walk-up windows, if used, shall be located near outdoor dining areas or other pedestrian areas, to encourage accessibility and limit vehicle and pedestrian conflicts.
d.
Buildings may be clustered to create a plaza or outdoor dining area between buildings.
e.
Pedestrian pathways and sidewalks must provide safe and convenient access to the building, shall connect directly to the public right-of-way, and shall not cross driveways or stacking lanes to get to the building's entrance.
f.
The drive-through lanes shall not be located between a property line and the front of the building.
g.
Drive-through lanes shall be located to the side or rear of the building and shall be screened with a combination of low screen walls and dense landscaping. The drive-through lanes may be designed to pass through an enclosed building element that is integrated into the building's design so that the lanes are enclosed.
h.
Loading and service areas must be located on the site to minimize potential noise incompatibility with surrounding properties and so that, to the maximum extent feasible, they are not visible from public rights-of-way.
i.
Future drive-through facilities proposed in a master plan or shopping center shall be identified early in the review process to avoid retrofitting the site plan at a later date.
4.
Trash and recycling enclosures. Trash and recycling enclosures must comply with the requirements established in chapter 17.48 (Fences, Walls, and Screening) and section 17.120.020(H) (Refuse and recycling areas)
5.
Landscaping and buffers. Landscaping, fencing, and trees shall be provided consistent with the requirements in section 17.120.020(F) (Landscaping) and chapter 17.56 (Landscaping Standards).
FIGURE 17.91.040-1 DRIVE-THROUGH DESIGN STANDARDS  |
B.
Building design.
1.
Building entrances.
a.
Primary building entrances and entry features shall be clearly defined through variation of architectural planes on the building and pavement surfaces, and must be accessible from a courtyard or plaza.
b.
The primary building entries shall be accessed directly from the sidewalk in the public right-of-way or from within the development site. Pedestrian circulation paths may only intersect or cross a drive-through lane(s) if the applicant can demonstrate that there are no other feasible or practical options available, in which case the pedestrian crossing shall be raised to create a hump to enhance pedestrian safety.
c.
Prominent architectural features shall be located near corners and intersections to promote and enhance the primary building entrance.
d.
The appropriate placement of awnings or signage can clearly demarcate building entrances.
2.
Building architecture and articulation.
a.
Drive-through facilities within an integrated shopping center or master plan must have an architectural style consistent with the theme established in the center.
b.
The architecture of drive-through facilities must be compatible and consistent with surrounding uses in form, materials, colors, scale, etc.
c.
Building planes shall have variation in depth and angle to create variety and interest in the basic form and silhouette of the building.
d.
Articulation of building surfaces shall be encouraged through the use of openings and recesses which create texture and shadow patterns.
e.
Drive-through facilities shall comply with the requirements of section 17.120.030 (Building design).
3.
Outdoor dining areas for restaurants.
a.
Outdoor dining areas are required for all drive-in and drive-through restaurant facilities in the MU zones.
b.
Outdoor dining areas shall be designed as an integral part of the drive-through facility, and can include plazas, arcades, colonnades, or courtyards.
c.
Outdoor dining areas and other publicly accessible outdoor spaces shall include tables and seating, trash cans, bicycle racks, and structures that provide shade and protection from the weather.
d.
To the maximum extent feasible, outdoor dining areas shall be oriented for maximum benefit of sunlight and views and to the extent possible, outdoor dining areas shall be oriented away from drive-through stacking lanes
e.
The minimum dimension of an outdoor dining area shall be 20 feet measured in any direction with a minimum area of 450 square feet.
C.
Parking and Circulation.
1.
2.
Setbacks. Parking and the drive-through lane(s) shall be set back a minimum of 45 feet from the curb face of a public street. Greater setbacks may be required as mentioned in an applicable specific plan or as deemed necessary during the design review process.
3.
Stacking Requirements.
a.
The drive-through lane shall be long enough to accommodate the necessary stacking of cars. The stacking distance shall be determined through a parking study as described in chapter 17.64 (Parking and Loading Standards) and shall be based on the number of vehicles in the drive-through lanes for seven consecutive days during peak lunch hours between 11:00 a.m. to 2:00 p.m. and peak dinner hours between 5:00 p.m. to 8:00 p.m. at three different restaurant locations in cities with a similar population as Rancho Cucamonga and in a similar location as the proposed site.
b.
All stacking must be designed to be accommodated on the site of the drive-through use or through a shared use agreement with an adjacent property owner(s). No stacking onto public or private streets is allowed.
c.
Stacking lanes must be designed so that they do not interfere with on-site parking and vehicle circulation.
d.
In the event that the number of vehicles waiting at the service window exceeds the length of the stacking lane(s), personnel from the drive-through establishment shall manage the queue to ensure that all vehicles do not block or interfere with on-site vehicular and pedestrian circulation and parking areas.
e.
Drive-Through Lane Design.
i.
The entrance and exit of a drive-through lane must be at least 50 feet from an intersection of public rights-of-way when measured at the closest intersecting curbs.
ii.
The drive-through lane must be at least 10 feet wide with a minimum 10-foot interior radius at curves.
iii.
The stacking area must accommodate a minimum of five cars for each drive-up or drive-through window in addition to the vehicle receiving service. A higher minimum of cars could be required as part of the conditions of approval. The stacking space for each vehicle shall be 10 feet wide and 20 feet long.
iv.
The drive-through lanes shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site using concrete curbing or paint striping on at least one side of the lane. These requirements do not apply to the reuse of existing properties.
v.
All stacking lanes must be clearly identified with pavement markings and signage to indicate the entrance, direction of traffic flow and exit.
vi.
The driveway-through lane design must provide for a minimum nine feet wide escape/emergency lane allowing motorists to exit the stacking lane before reaching the drive-through window.
f.
Stacking lanes must be screened in compliance with section 17.56.060 (Special landscape requirements).
g.
No more than two stacking lanes are allowed per drive-through use. Each lane must conform to the standards in this subsection.
4.
Off-Site Improvements.
a.
Street trees shall be provided along the public right-of-way and shall be selected from the city's adopted master list of street trees and parking lot trees.
b.
The applicant shall coordinate with Engineering on all off-site improvements needed to provide full ADA accessibility compliance within the adjacent public right-of-way.
D.
Performance Standards.
1.
Special performance standards for restaurants with drive-through facilities. The use shall be operated in a manner that does not interfere with the normal use of adjoining properties. If, in the opinion of the planning director, the provisions of this paragraph are being violated, the violations shall be grounds for reopening conditional use permit hearings and adding conditions to control the violation. Performance standards include, but are not limited to, the following considerations, which, where appropriate, shall be incorporated as conditions of approval in all use permits as determined by the planning commission or city council:
a.
Noise levels measured at the property line shall not exceed the level of background noise normally found in the area or 65 dBa, whichever is greater.
b.
All exterior lighting shall be contained to the subject property and shall not encroach onto neighboring properties.
c.
Drive-through hours of operation shall be limited to 8:00 a.m. to 12:00 a.m. midnight. If a drive-through facility is adjacent to residential property, then hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Sunday through Thursday and 8:00 a.m. to 12:00 a.m., Friday and Saturday. These hours of operation standards do not apply to the business that the drive-through serves.
d.
The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties. For drive-through restaurants or other uses which typically generate trash or litter, adequate trash containers, as determined by the planning director, shall be required and employees shall be required daily to pick up trash or litter originating from the site and within 300 feet of the perimeter of the property.
e.
All graffiti shall be removed within 72 hours.
f.
No undesirable odors shall be generated on the site.
g.
The on-site manager of the use shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.
h.
A copy of these performance standards and all conditional use permit conditions of approval shall be posted alongside the necessary business licenses and be visible at all times to employees.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023; Ord. No. 1017 § 8, 2023; Ord. No. 1023, 1/17/2024)
§ 17.92.010 Purpose and intent.
The purpose of this chapter is to regulate commercial and office uses within and accessory to residential dwellings. It is the intent of these regulations to allow for certain home-based businesses while ensuring that home occupations do not negatively impact the overall quality and character of the surrounding residential neighborhood.
(Ord. No. 1000 § 4, 2022)
§ 17.92.020 Permit required.
Prior to the establishment of a home occupation, a home occupation permit shall first be secured by the user. A home occupation permit shall be in addition to any other permit or license that may be required by the city, county, or state, including a business license. Home occupation permits are allowed on legal nonconforming residential properties (e.g., existing single-family home that is legally nonconforming on a parcel that is zoned industrial).
(Ord. No. 1000 § 4, 2022)
§ 17.92.030 Development standards.
All home occupations shall comply with the following development standards:
A.
Incidental use by nature. The use of the dwelling as a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. Not more than 15 percent of the total square footage for the dwelling or one room of the dwelling, whichever is less, shall be used for the home occupation. For the purpose of this section, the inhabitants of the home who are working remotely from their place of employment are not considered a home occupation.
B.
Employees. No persons, other than members of the family who reside on the premises, shall be engaged in the home occupation activity. Off-site employees or partners are not permitted, except for cottage food uses, consistent with state law.
C.
Exterior appearance. There shall be no change in the outward appearance of the building or premises, or other visible evidence of the activity.
D.
Sales. There shall be no sales of products on the premises, except produce (fruit or vegetables) grown on the subject property, cottage food products, or homemade crafts. On-site sales allowed shall be limited to the hours of 8:00 a.m. to 8:00 p.m. as long as sales do not result in visitor or customer traffic beyond allowed in this section. Off-site sales, including electronic and mail order commerce, is permitted, consistent with the other standards of this chapter.
E.
Visitors and customers. Not more than five customers or clients per day shall enter the dwelling for meetings, service, or products and not more than ten vehicle trips per day shall be created by customers or clients. Customers or clients must park either in the driveway of the dwelling or in front of the dwelling only.
F.
Operation standards. No equipment or processes shall be used on the subject property that creates noise, smoke, glare, fumes, odor, vibration, electrical, radio, or television interference disruptive to surrounding properties.
G.
Accessory structures. Home occupations may utilize accessory structures as storage or workspace space provided such use is confined to a cumulative area of not more than 600 square feet in an attached and/or detached accessory structure or garage. An attached or detached garage may be used for storage or workspace as long as sufficient parking space is available on the property to meet the current code requirements.
H.
Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles, except for FedEx, UPS, or USPS-type home pickups and deliveries. Off-site deliveries, such as to a post office box, are preferred.
I.
Signs. No signs shall be displayed in conjunction with the home occupation and there shall be no advertising using the home address.
J.
Commercial vehicles. No person shall park or store more than one commercial vehicle or any commercial vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit.
(Ord. No. 1000 § 4, 2022)
§ 17.92.040 Yard sales.
The following restrictions apply to yard sales:
A.
For purposes of this section, the term "yard sale" means a temporary sale of household items on residential premises.
B.
On any one parcel or lot in any residential zone, a yard sale may be conducted on one day, but not to exceed two consecutive days, in any six-month period. Sales may only be conducted between 7:00 a.m. and 6:00 p.m.
C.
Items displayed, offered, or sold at a yard sale shall only be household items that have been in regular use or storage for six months or more on the same parcel or lot.
D.
A yard sale may only be conducted in a residential zone.
(Ord. No. 1000 § 4, 2022)
§ 17.93.010 Purpose.
The purpose of this chapter is to regulate hotels with development standards and operational requirements that will ensure high quality hotel development and mitigate impacts that could be associated with hotels, including crime, urban blight, and the exceptional use of public resources.
(Ord. No. 1000 § 4, 2022)
§ 17.93.020 Market feasibility study required.
An application for a conditional use permit to operate a hotel shall include a market feasibility study. The city may prepare the study or request the applicant to prepare the study, subject to an independent peer review. The applicant shall be responsible for the cost of the study and/or peer review. The market study, at a minimum, shall address the following:
A.
A complete listing of proposed facilities, amenities, and services (e.g., number and type of rooms, meeting space square footage, recreational amenities, business services such as data ports, work-stations, etc., in-room amenities such as refrigerators and microwaves, laundry service, food service such as restaurants or coffee shops, etc.).
B.
Provide information on the business model, ownership, and franchise of hotel.
C.
A business and financial history of the proposed developer and potential operators, if different than the developer, including at a minimum the following: principals, experience, years in business, capitalization, listing of projects, number of units owned, average rates charged, and occupancy rates.
D.
Whether the proposed hotel will be financially feasible by meeting an unfilled need for hotel rooms in the city. Provide an analysis of the economic environment, projecting likely future economic conditions as they relate to the operation of the proposed hotel and its accessory uses.
E.
Analysis of the proposed hotel's projected market base.
F.
Three-and five-year projected occupancy rates, projected average daily rate for the proposed hotel, and revenue per available room trends for hotels within the city.
G.
The estimated share of the hotel market the hotel will capture during the first five years of operation, and whether the hotel will primarily focus on drawing guests from existing hotels in the city.
H.
An analysis of economic impacts on existing hotels within Rancho Cucamonga, including, at a minimum, an estimate of the dilution of the city's hotel market due to the proposed hotel and if the proposed project has potential adverse impacts on the financial viability of existing hotels in the city.
(Ord. No. 1000 § 4, 2022)
§ 17.93.030 Additional conditional use permit findings.
Prior to approval of a conditional use permit when required by Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) the approving authority shall make the following findings, in addition to those findings required by section 17.16.120(D):
A.
The proposed hotel development is consistent with the general plan's economic development goals and policies.
B.
The proposed hotel will not create urban decay due to the significant loss of business at existing hotels in the city, hotels currently under construction in the city, or hotels that have been granted entitlements by the city that have not expired but are not yet under construction.
C.
The proposed hotel is located in an area of the city with substantial unmet demand for a hotel.
D.
The proposed hotel is not expected to reduce the total hotel occupancy rate in the city below 72 percent in the first five years of operations.
(Ord. No. 1000 § 4, 2022)
§ 17.93.040 Occupancy standards.
§ 17.93.050 Public safety standards.
A.
No hotel shall create an unreasonable or excessive demand for police services. To demonstrate compliance with this standard, an application for a hotel conditional use permit shall include the following information:
1.
A management plan that describes how the hotel will address potential criminal activities at the site.
2.
A lighting plan that demonstrates how the hotel's proposed lighting will illuminate the site to the extent necessary for a peace officer to adequately observe the property from a patrol car.
3.
A site plan designed to allow for visibility from the public right-of-way for peace officers in patrol vehicles.
B.
At all times, hotel operators shall maintain on file with the Rancho Cucamonga police department and fire district a single, current point of contact for addressing law enforcement, public health, and safety problems at the hotel site. In connection with the issuance of a business license, a police and fire in-spection shall be required when a hotel undergoes a change in ownership or operator.
C.
Hotel owners and all hotel employees shall be trained to spot criminal activity.
D.
A security camera system is required to be installed with the capability of providing access to the Rancho Cucamonga police department and fire district. Recordings shall be held for a minimum of 30 days.
E.
Hotels that provide entertainment shall obtain an entertainment permit.
(Ord. No. 1000 § 4, 2022)
§ 17.93.060 Hotel amenities.
No development review and/or conditional use permit shall be approved for a hotel unless the following amenities are provided:
A.
Each guestroom shall include high-speed Internet, voicemail, desk, color television, mini-fridge, coffee maker, alarm clock or wake-up service, hairdryer, iron and ironing board;
B.
The minimum following amenities shall be provided on site:
1.
A bar/lounge with dining area;
2.
Hot tubs/spas with pool or day spa services with pool;
3.
A business center with computers and printers for guest use;
4.
A large fitness center (minimum of 750 square feet for hotels with less than 100 rooms; minimum of 1,500 square feet for hotels with 100 or more rooms) with a wide range of equipment/exercise stations;
5.
A café or coffee shop including at minimum a counter served bakery café with dedicated employees serving freshly prepared coffee, teas and specialty drinks open a minimum of nine hours each day;
6.
Up to two required amenities may be waived or replaced with alternative amenities by the planning director if similar existing amenities are available on site as part of an existing development or if the proposed hotel is in the Upper Upscale or Luxury scale based on Smith Travel Research hotel classifications or AAA four diamond hotel.
C.
One of the following amenities shall also be provided on site:
1.
Convention/meeting space of no less than 10,000 square feet that is reconfigurable with flexible seating, full audiovisual (AV) capabilities, and full commercial kitchen. The convention/meeting space shall be contiguous with internal connections to the main hotel structure and shall not be physically separated from the hotel;
2.
A full-service restaurant operating at substantially similar hours to the hotel and offering room service to the hotel;
3.
A roof-top bar and food service with patio lounge and recreation/relaxation area and associated amenities; or
4.
Other amenities may be considered in lieu of one of the required amenities subject to planning director approval.
D.
Two of the following amenities shall also be provided on site:
1.
Valet parking;
2.
Spa services (if not provided as amenity to meet one of the above requirements);
3.
An indoor pool;
4.
Fire pits and an outdoor patio (if not provided as amenity to meet one of the above requirements);
5.
Indoor or outdoor recreation court (basketball, volleyball, etc.);
6.
A water play area;
7.
Penthouse suites with full balconies;
8.
On-site auto detailing service;
9.
On-site car and/or bike sharing for use by guests;
10.
Concierge services;
11.
Participation in a regional airport shuttle service;
12.
Hosted evening social hour;
13.
Overnight laundry and dry-cleaning services;
14.
Office space/workspace rental program;
15.
Pet amenities, including, but not limited to, acceptance of cats and dogs in rooms, complimentary pet treats, availability of pet bedding, crates, food and water bowls, and a listing of local pet services, such as pet walkers, pet sitters, veterinarians, pet shops and groomers. Pet play/exercise areas are strongly encouraged; or
16.
Other amenities may be considered in lieu of one of the required amenities subject to planning director approval.
(Ord. No. 1000 § 4, 2022)
§ 17.93.070 Design standards.
In addition to the design provisions outlined in article VII (Design Standards and Guidelines) of this code, the following design standards shall apply to all new hotel development:
A.
Site design and layout.
1.
Hotels shall support other hospitality industry-related uses such as restaurants, entertainment, recreation, and travel and tourism by integrating into a larger pattern of development and avoiding being isolated from such uses or being stand-alone. Integration into a larger mixed-use development that consists of residential, commercial, and/or office uses is also acceptable.
2.
Site and building designs shall be unique and tailored to the specific site rather than formulaic and without any distinguishing characteristics.
3.
Dual-brand hotel concepts shall be developed within a single building or complex and not as two separate buildings.
4.
Multi-story vertical development is preferred over single or two-story horizontal development. Furthermore, within the Haven Avenue Overlay Zone, all buildings shall have four floors or more.
5.
Hotel projects shall be designed with the hotel building(s) plotted at the street/front building set-back line with the overnight parking area located at the rear or side of the building(s).
6.
Hotel projects shall be designed with the primary (long) axis of the hotel building(s) aligned parallel to the street. Consideration of alternatives may be given to sites with narrow street frontages.
7.
When the main entrance into the hotel building is on the "street side," short-term parking for guests checking in, drive aisles for passenger un/loading, and any overhead structures such as porte cocheres are permitted within the parking and landscape setback along the street by up to 50 percent of the setback dimension.
8.
Parking lots or facilities shall have a minimum ratio of six percent of the total parking spaces equipped as electric vehicle charging stations, except parking lots or facilities for new developments in Industrial Zones shall have a minimum of ten percent of the total parking spaces equipped for electric vehicles with one charging station for every two spaces dedicated to electric vehicles.
B.
Architectural design and details.
1.
The architecture of all buildings shall incorporate multiple design elements/features and diversity/variation in colors to minimize monotony and repetition along all wall planes.
2.
The maximum amount of plaster/stucco finish applied to any building wall plane (or any exterior panel systems that have the appearance of plaster/stucco) shall not exceed 25 percent of the vertical area of the wall plane.
3.
Articulation of the building wall planes is required on all elevations.
4.
High-quality building materials shall be used both on the exterior and interior of the hotel.
5.
Within the Haven Avenue Overlay Zone, the following requirements shall apply to all hotel buildings:
a.
The application of plaster/stucco finish (or exterior panel systems that have the appearance of plaster/stucco) on any building wall plane is not permitted.
b.
A mix of exterior glass cladding, metal elements/features, and decorative wall finishes such as stone, composite, or natural tiles are required.
C.
Pedestrian and vehicular access.
1.
All hotel buildings shall have direct pedestrian access between the hotel lobby and the street on the "street side" of the building if the main entry into the building is on the opposite side of the building.
2.
All buildings within a hotel project, when separated by a parking lot, shall be interconnected by pedestrian pathways with a minimum width of ten feet. Such pathways shall also include shade structures and seating at various intervals.
3.
A prominent entry feature shall be incorporated into the main hotel entry (e.g., water feature, public art, landscaped elements).
D.
Lighting.
1.
Light fixtures, features, and/or similar elements shall be incorporated into the exterior of all hotel buildings to accentuate the architecture.
2.
All pedestrian pathways on-site and along the public sidewalks adjacent to all street frontage(s) of the project site shall have pedestrian-scale lighting. All such light fixtures (including any base) shall not exceed ten feet in height.
E.
Landscaping. A high degree of landscaping shall be installed throughout the property, including entry, courtyards, gardens, pool areas, walkways, and parking areas.
F.
Building systems placement. All mechanical equipment and utility connection points, including HVAC units, electrical meters, and gas meters shall be screened from public view (see Figure 17.93.070-1). Rooftop equipment shall not exceed the height of the roof parapet concealing the equipment.
FIGURE 17.93.070-1 SCREENED MECHANICAL EQUIPMENT  |
(Ord. No. 1000 § 4, 2022)
§ 17.94.010 Purpose.
The purpose of this chapter is to regulate commercial cannabis uses, both medical and non-medical, in a manner that is consistent with the requirements of state law.
(Ord. No. 1000 § 4, 2022)
§ 17.94.020 Prohibited uses.
A.
Commercial cannabis uses are expressly prohibited in all zones, overlay zones and special planning areas in the city. No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the city. The city shall not approve any application for a business license, building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use.
B.
Outdoor cannabis cultivation is expressly prohibited everywhere in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.
(Ord. No. 1000 § 4, 2022)
§ 17.94.030 Indoor cannabis cultivation.
It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below.
A.
Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence.
B.
The indoor cultivation of seven or more cannabis plants in a private residence is prohibited. The indoor cultivation of six or fewer cannabis plants in a private residence shall be permitted to the extent permitted by state law.
D.
Cannabis cultivation is permitted only within fully enclosed and secure structures.
E.
No person shall cultivate marijuana in any manner that causes any of the following conditions:
(Ord. No. 1000 § 4, 2022)
§ 17.94.040 Exceptions.
A.
Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.
B.
Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code § 11362.1.
D.
Nothing in this chapter shall prohibit the establishment of one physical premises from which retail sale by delivery of medicinal cannabis within the city is conducted by a non-storefront medical cannabis retail use. A non-storefront medical cannabis retail use shall be permitted with a minor use permit subject to the requirements set forth in section 17.102.080 and a non-storefront medical cannabis retail regulatory permit subject to the requirements set forth in chapter 5.20. A non-storefront medical cannabis retailer may deliver medical cannabis within the jurisdictional limits of the city.
(Ord. No. 1000 § 4, 2022; Ord. No. 1022, 12/20/2023)
§ 17.94.050 Violation, penalty.
In addition to any other enforcement permitted by this chapter of the Rancho Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in section 1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code § 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. No. 1000 § 4, 2022)
§ 17.96.010 Purpose.
The purpose of this chapter is to identify special development standards for mobilehomes and mobilehome parks, consistent with state law.
(Ord. No. 1000 § 4, 2022)
§ 17.96.020 Development standards for mobilehomes.
Mobilehomes are permitted within residential zones with the same density and development restrictions as single-family homes and subject to the following requirements:
A.
The mobilehome is placed on a permanent foundation system in compliance with all applicable building regulations.
B.
The mobilehome construction is certified under the National Mobilehome Construction and Safety Standards Act of 1974 and was constructed after October of 1976. Documentation indicating certification and construction date must be submitted to the building and safety department in order to secure valid building permit(s).
C.
The design review committee shall determine if the placement of the mobilehome is compatible to the immediate area in which it is being placed according to the following criteria:
1.
The design of the mobilehome unit shall be similar in character and appearance to other dwellings in the area for such features as unit size, roof overhangs, roof materials, and exterior materials.
2.
All building setbacks, parking, coverage, height, width, and sign requirements of the base zone shall apply.
(Ord. No. 1000 § 4, 2022)
§ 17.96.030 Development standards for mobilehome parks.
This section sets forth requirements for mobilehome park development. Except as provided hereinabove, all other development standards contained in chapter 17.36 (Development Standards by Base Zone) shall apply.
A.
There shall be no minimum side area for a mobilehome park.
B.
There shall be no minimum area, width, or depth requirement for individual lots or spaces.
C.
There shall be no minimum yard requirement for individual lots or spaces.
D.
There shall be no minimum size for individual mobilehome units.
E.
The minimum street yard setback on public streets shall be in conformance with chapter 17.36 (Development Standards by Base Zone).
F.
Existing mobilehome parks and pre-existing mobilehome parks shall not be deemed nonconforming by reason of failure to meet the minimum requirements prescribed in this section, provided that the regulations of this section shall apply to the enlargement or expansion of a mobilehome park.
(Ord. No. 1000 § 4, 2022)
§ 17.97.010 Purpose.
The purpose of this chapter is to establish standards for the location, development, and operation of integrated live/work units and for the reuse of existing residential, commercial, and industrial structures to accommodate live/work opportunities.
(Ord. No. 1015 § 3, 2023)
§ 17.97.020 Establishment.
Live/work units may be established through the conversion of existing buildings or by new construction, subject to the permit requirements of the underlying zone.
(Ord. No. 1015 § 3, 2023)
§ 17.97.030 Changes in use.
A live/work unit may be changes to exclusively a residential or commercial use in any building if the residential or commercial use is allowed in the zone in which the building is located.
(Ord. No. 1015 § 3, 2023)
§ 17.97.040 No separate sale or rental of portions of unit.
No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as residential space for a person or persons not working in the same unit.
(Ord. No. 1015 § 3, 2023)
§ 17.97.050 Occupancy requirement.
The residential space within a live/work unit must be occupied by at least one individual employed in the business conducted within the live/work unit.
(Ord. No. 1015 § 3, 2023)
§ 17.97.060 Business license required.
The occupant of a live/work unit is required to hold a valid business license for the on-site business.
(Ord. No. 1015 § 3, 2023)
§ 17.97.070 Limitations on use.
The nonresidential component of a live/work development must be a use allowed within the applicable zone.
(Ord. No. 1015 § 3, 2023)
§ 17.97.080 Limitation on outside employees.
No more than one person other than residents of the live/work unit shall be employed in the conduct of work, except that up to two additional employees may be allowed subject to the approval of a minor use permit. More than three persons other than residents of the live/work unit may be allowed, subject to conditional use permit approval, based on the additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit.
(Ord. No. 1015 § 3, 2023)
§ 17.97.090 On-premises sales.
Goods produced within the live/work unit may be sold on-premises if the sales activity is incidental to the primary production work within the unit. These provisions allow for open studio programs and gallery shows
(Ord. No. 1015 § 3, 2023)
§ 17.97.100 Development standards.
A.
Residential density. The number of live/work units on a site must comply with the residential density allowed in the base zone.
B.
Nonresidential area. A minimum of 60 percent of the ground level or a live/work development, or a minimum of 300 square feet, whichever is greater, must function predominantly as workspace. The work-space component of a live/work unit must be located on the ground floor. All floor area other than that reserved for living space must be reserved for and regularly used for workspace.
C.
Building design. The live/work development must comply with the applicable building type, building entrance, and façade types of the applicable zone.
D.
Nonresidential amenities. The ground floor of a live/work development must be designed to accommodate commercial or service uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or service facilities used for the same work activity.
E.
Separation and access. Access to each live/work unit must be provided from a public street or common access areas. The access to each unit must be clearly separate from other live/work units or other uses within the structure.
F.
Integration of living and working space. An area within a live/work unit that is designated as residential space is an integral part of the live/work unit. The living space shall be accessible to the nonresidential space using interior connection. Exterior access must comply with Division 23-11B-1 (Building Code).
G.
Mixed occupancy building. A building may contain live/work units and other nonresidential occupancies. The occupancies, other than live/work, must comply all applicable requirements for those uses, and proper occupancy separations must be provided between the live/work units and other occupancies, as determined by the building official.
(Ord. No. 1015 § 3, 2023)
§ 17.98.010 Purpose.
The purpose of this chapter is to establish site planning, development, and/or operating standards for public utilities and uses, including utility facilities and infrastructure. It is the city's intent in establishing these standards to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by regulating the size, scale, and location of these uses, as well as requiring additional setbacks, land-scaping, and other buffering between the subject use and surrounding property.
(Ord. No. 1000 § 4, 2022)
§ 17.98.020 Location requirements for transmission lines and pipelines.
A.
General location. Generally, transmission lines and pipelines shall be located within public rights-of-way (with approval of the public works director) or within dedicated easements for transmission lines (e.g., public utility easement).
B.
Electrical transmission lines. Electrical transmission lines of 100,000 volts or greater capacity may be located in any zone and shall be located in easements or rights-of-way which permit access for maintenance with minimal disruption to surrounding properties. Preference shall be given to the location of transmission lines in the rank order specified below; every reasonable effort shall be exerted to avoid established residential areas. In the event Southern California Edison determines that it has no alternative but to route a 100,000 volt or greater capacity transmission line through an established residential area, such lines shall be installed underground except when the utility can demonstrate that it is not feasible to do so. The term "feasible" shall be as defined in Government Code § 53096(c).
1.
Within existing electrical transmission rights-of-way or those anticipated for other projects proposed subject to this title.
2.
Adjacent to railroads or adopted freeway routes.
3.
Along or adjacent to major arterial streets where existing or planned uses are commercial or industrial.
4.
Adjacent to or through existing or planned commercial, industrial, or agricultural uses.
5.
Along arterial streets where residential uses designated in an adopted plan are at least 24 units per acre.
6.
Through areas where land uses in an adopted plan are predominantly commercial but include residential uses.
7.
Through residential areas, including side and rear yards, irrespective of density.
(Ord. No. 1000 § 4, 2022)
§ 17.98.030 Location requirements for fixed-base structures and facilities.
In siting fixed-base structures and facilities, the city shall place preference on the locations listed below in the order listed. In any case, siting fixed-base facilities within residential zones, particularly those intended for multi-family housing, shall be a last resort. All new subdivisions and land planning (e.g., specific plans) shall include provisions for siting fixed-base facilities in dedicated, reserved locations that are identified with assistance from the utility service provider.
A.
Industrial Zones.
B.
Areas within specific plans or master plans specifically identified for utility facility and infrastructure uses.
C.
Sites zoned with a form-based zone, provided the facility is not located at the intersection of two major streets.
D.
Within a residential area.
(Ord. No. 1000 § 4, 2022)
§ 17.98.040 Development requirements for fixed-base structure and facilities.
A.
Communication substations. Communication substations shall be entirely located within an enclosed building, the design of which shall be consistent with the standards of the underlying zone, the intent being to integrate the design of the facility into the area in which it is located.
B.
Electrical substations.
1.
Overhead electrical transmission lines of 100,000 volts or greater capacity shall be installed in such a manner as to minimize adverse visual impacts. When feasible, the utility shall relocate and combine existing overhead transmission poles and lines with new installations.
2.
Substations shall be designed and constructed in such a manner as to minimize off-site visual and noise impacts. Planted or landscaped setbacks of at least 25 feet shall be provided on all property lines.
C.
Potable water storage facility. Potable water storage facilities shall observe all development standards of the underlying zone. Additionally, such facilities shall be screened consistent with the provisions of section 17.48 (Fences, Walls, and Screening).
D.
Treatment plant. Treatment plants shall observe all development standards of the underlying zone, except that any treatment ponds or other structures that may emit an odor shall be located a minimum of 200 feet from a residential zone or residential use. The use shall also provide landscaping along the perimeter of the use, including a minimum 25-foot-wide landscape area and trees planted 30 feet on center. Landscaping for treatment plants located in wildland-urban interface fire areas shall comply with the vegetation management requirements of the Rancho Cucamonga Fire District.
(Ord. No. 1000 § 4, 2022)
§ 17.100.010 Purpose.
Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are a valuable form of housing in the city. These units meet the city's general plan housing policies related to the development of a variety of housing options, including ones that serve the unique needs of elderly and disabled households; rehabilitation of deteriorating housing units, providing housing stock accessible to lower- and moderate-income households; and meeting the city's share of regional housing needs.
The purpose of this chapter is to establish development standards for the construction and operation of ADUs and JADUs on lots zoned to allow single-family or multi-family residential use, including mixed-use zones, in a manner that is consistent with the requirements of state Law.
(Ord. No. 1049, 12/3/2025)
§ 17.100.020 Applicability.
The provisions of this chapter apply to all lots that are zoned to allow single-family or multi-family residential use. ADUs shall be deemed to be an accessory single-family residential use consistent with the general plan and zoning designations for the lot.
ADUs are defined as an attached or detached residential dwelling unit that provides complete, independent living facilities for one or more persons, and is located on a lot with an existing or proposed primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is, or will be, situated.
JADUs are defined as a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
(Ord. No. 1049, 12/3/2025)
§ 17.100.030 Approval required.
A.
A building permit is required for the construction of ADUs and JADUs, which must satisfy the requirements of the California Building Standards Code, Government Code Title 7 Division 1 Chapter 13, and the chapter herein.
B.
The application shall be approved or denied within 60 days after the city receives the completed application, or in accordance with the deadline required by Government Code Section 63317, as that section may be amended from time to time.
C.
Notwithstanding any other provision of this chapter to the contrary, no minor exception from any requirement of this chapter shall be approved, nor shall any application for such a minor exception be accepted for processing.
D.
Where a building permit application for an ADU or JADU is submitted with an application for a single-family dwelling or multi-family dwelling that is subject to discretionary review under this chapter, the ADU or JADU application will be considered separately without discretionary review or public hearing, following the approval of the main dwelling unit(s).
E.
Pre-approved ADU plans are available on the city's website under the building and safety department page. An application for a preapproved detached ADU plan must be approved or denied within 30 days within the current triennial California Building Standards Code rulemaking cycle or a plan that is identical to a plan used in an application for a detached ADU approved within the current triennial California Building Standards Code rulemaking cycle.
(Ord. No. 1049, 12/3/2025)
§ 17.100.040 General allowances.
There are four categories of ADUs and JADUs in Government Code Section 66323 that are subject to the standards set forth in Title 7 Division 1 Chapter 13 Article 2 of the Government Code. Their applicability depends on whether the ADU or JADU will be located on a lot with a single-family or multi-family dwelling and meets the specific requirements as follows:
A.
Category 1: One ADU and one JADU per lot with an existing/proposed single-family dwelling if all of the following conditions apply:
1.
The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure and shall be limited to ingress and egress only.
2.
The space has exterior access from the existing/proposed single-family dwelling.
3.
The side and rear setbacks are sufficient for fire and safety.
4.
The JADU complies with the requirements of Government Code Section 66333 and with the requirements set forth in Section 17.100.070.
B.
Category 2: One detached, new construction ADU for a lot with an existing/proposed single-family dwelling that does not exceed four-foot side and rear yard setbacks if all of the following conditions apply. The ADU may be combined with a JADU as described in subsection (A)(1).
1.
The ADU shall be no more than 800 square feet in size.
2.
The ADU shall not exceed a height limit of 16 feet unless it is located within a half mile of a major transit stop or a high-quality transit corridor. In which case, the ADU shall not exceed a height limit of 18 feet.
3.
An additional two feet are allowed only if necessary to match the roof pitch of the primary dwelling.
4.
The ADU shall be subject to four-foot side and rear yard setbacks.
C.
Category 3: Multiple ADUs, up to 25 percent of existing multi-family dwelling units, or at least one ADU, with an existing/proposed multi-family dwelling provided that the units are within the portions of existing multi-family dwelling structures that are not used as livable spaces, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
D.
Category 4: Multiple ADUs, not to exceed the numbers specified below, located on a lot with an existing/proposed multi-family dwelling but are detached from the multi-family dwelling and are subject to the setback and height requirements in Section 17.100.060. If the existing multi-family dwelling has a side or rear yard setback of less than four feet, the modification of the existing multi-family dwelling shall not be required as a condition of approving the application to construct an ADU that satisfies the requirements of this subsection.
(Ord. No. 1049, 12/3/2025)
§ 17.100.050 Special allowances.
Additional ADUs shall be allowed under the following circumstances.
B.
Development Standards. The additional ADU shall comply with all applicable development standards for ADUs set forth in Section 17.100.060.
C.
Unit Type Flexibility. The additional ADU may either be attached, detached, or a conversion, subject to compliance with the California Building Standards Code.
D.
Ministerial Review. Applications for an additional ADU under this section shall be subject to ministerial review and approval, provided that the proposed ADU complies with all applicable standards of this section and any other relevant sections of this chapter.
(Ord. No. 1049, 12/3/2025)
§ 17.100.060 Development standards for accessory dwelling units.
Except for applications submitted pursuant to Section 17.100.040, all ADUs shall comply with the following development standards:
A.
Code Compliance. ADUs shall be constructed in accordance with the provisions of the latest edition of the California Building Standards Code and other applicable codes adopted by the city unless specifically exempted in this chapter.
B.
Existing Lots and Uses. ADUs shall be permitted if the existing or proposed lot and dwelling meet the following requirements:
1.
The lot on which the ADU is proposed to be established shall contain at least one existing permanent dwelling unit or the application for the ADU shall be made concurrently with an application for at least one dwelling unit on the same lot.
2.
The zoning regulations for the lot allow for the development of a single-family dwelling or multi-family use.
C.
Facilities. The ADU shall have a separate entrance and shall contain kitchen and bathroom facilities separate from those of the main dwelling.
D.
Utility Services. The ADU may be metered separately from the main dwelling for gas, electricity, communications, water and sewer services.
E.
Fire Sprinklers. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. For existing multi-family dwellings, the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed.
F.
Size and Height. The size and height of the ADU shall comply with the requirements indicated in Table 17.100.050-1 as follows:
Table 17.100.050-1 Development Standards for Accessory Dwelling Units | |||
|---|---|---|---|
Accessory Dwelling Unit Type | Minimum Size | Maximum Size(1) | Height(2) |
Attached | 220 sq. ft. | 50% of main dwelling unit or 1,200 sq. ft., whichever is less | 25 feet |
Detached | 350 sq. ft. | 1,200 sq. ft. | 16 feet or 18 feet(3, 4) |
Table Notes: | |
|---|---|
(1) | The maximum size for ADUs do not include optional accessory structures, such as a garage. |
(2) | ADUs constructed above a garage shall not exceed the height limits of the underlying zone. |
(3) | ADUs shall not exceed 18 feet in height, or 20 feet to match the roof pitch of the primary structure, when located within a half mile of a major transit stop or high-quality transit corridor. |
(4) | ADUs shall not exceed 18 feet in height when located on a lot with an existing or proposed multi-story, multi-family dwelling. |
G.
Lot Coverage. ADUs shall conform to the lot coverage requirements for the zone in which it is located, except where the application of the lot coverage requirement would not permit the construction of an 800-square-foot ADU that is at maximum 16 feet in height and at minimum has four-foot side and rear yard setbacks.
H.
Setbacks. ADUs shall comply with the following setback requirements:
1.
ADUs shall maintain at least a four-foot setback from the side and rear property lines.
2.
ADUs shall maintain the front yard setback standard of the underlying zone, unless the front yard setback standard would not permit construction of an 800-square-foot ADU that is at maximum 16 feet in height and at maximum has four-foot side and rear yard setbacks.
3.
Notwithstanding the above, no setback shall be required for an ADU that is within an existing structure or within a structure constructed in the same location and dimensions as an existing structure.
I.
Parking. In addition to the parking required for the main dwelling (listed in Table 17.64.050-1), parking for accessory dwelling units shall be provided as follows:
1.
Newly constructed, detached ADUs shall provide a minimum of one parking space, unless otherwise exempt. The parking space(s) may be provided as tandem parking, in an enclosed garage, and/or in setback areas.
2.
If parking for the ADU is provided in a garage that also provides parking for the main dwelling, the provided space(s) shall be for the exclusive use of the ADU. The space(s) shall be separated from any garage spaces for the main dwelling by a wall or other permanent barrier and shall have a separate or independent garage door.
3.
ADUs shall utilize the same vehicular access that serves the existing main dwelling, unless the ADU has access from a public alley contiguous to the lot or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of 10 feet.
4.
When a required garage, carport, or covered parking structure for the main dwelling is converted or demolished in conjunction with the construction of an ADU, replacement of parking spaces that are eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
5.
Parking shall not be required for an ADU in any of the following instances:
a.
Where the ADU is located within a one-half mile walking distance of public transit, such as a bus stop or train station.
b.
Where the ADU is located within an architecturally and historically significant district.
c.
Where the ADU is part of the existing or proposed primary dwelling or an existing accessory structure.
d.
When on-street parking permits are required but not offered to the occupant of the ADU.
e.
When there is a car share station located within one block of the ADU.
f.
When a permit application for an ADU is submitted with a permit application to create a new single-family or multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this subdivision.
(Ord. No. 1049, 12/3/2025)
§ 17.100.070 Development standards for junior accessory dwelling units.
Except for applications submitted pursuant to Section 17.100.040, all JADUs shall comply with the following development standards:
A.
A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet in floor area, not including the floor area of a shared sanitation facility.
B.
A JADU shall be contained entirely within the walls of the existing or proposed single-family dwelling, including attached garages or other enclosed uses. Enclosed uses within the dwelling, such as attached garages, are considered a part of the existing or proposed single- family dwelling. Therefore, JADUs are not allowed in accessory structures.
C.
An exterior entry apart from the main entrance to the existing or proposed single-family residence shall be provided for the JADU.
D.
A JADU may include separate sanitation facilities or may share sanitation facilities with the main dwelling. If shared, the JADU shall have interior entry, separate from the main entrance to the structure, to allow access to the shared sanitation facilities.
F.
Additional parking shall not be required for a JADU.
(Ord. No. 1049, 12/3/2025)
§ 17.100.080 Design standards.
Except for applications submitted pursuant to Section 17.100.040, ADUs and JADUs located in the front yard, adjacent to the main dwelling, and/or visible from the public right-of-way shall comply with the following design standards:
A.
Exterior stairs shall not be visible from any public right-of-way, excluding alleys or trails, except those leading from the finished grade to the first floor.
B.
The color, material, and texture of the roof shall be substantially the same as the main dwelling.
C.
The color, material, and texture of all building walls shall be substantially the same as the main dwelling.
D.
Permitted driveways and walkways shall occupy no more than 50 percent of the front yard area, in accordance with Section 17.56.070.
E.
Additional design considerations may be necessary for historic resources to prevent adverse impacts on any property that is listed in the California Register of Historical Resources. An ADU or JADU proposed for a property under a Mills Act contract must comply with all Mills Act guidelines, including conformance to the Secretary of the Interior Standards for the Treatment of Historic Properties. Pursuant to Section 17.18.100, any alteration made for preservation, rehabilitation, restoration, or relocation of historic resources may be made according to the requirements of the latest adopted state historical building code.
(Ord. No. 1049, 12/3/2025)
§ 17.100.090 Sales, rental, and occupancy requirements.
A.
Sales and Separate Conveyance. The sale or separate conveyance of an ADU separate from the main dwelling is prohibited, except when all the following conditions apply:
1.
The ADU or primary dwelling was built or developed by a qualified nonprofit corporation.
2.
There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in Section 402.1 of the Revenue and Taxation Code.
3.
The property is held pursuant to a recorded tenancy in common agreement that includes all the following conditions:
a.
The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling unit that each qualified buyer occupies.
b.
A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the ADU or main dwelling if the buyer desires to sell or convey the property.
c.
A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer's principal residence.
d.
Affordability restrictions on the sale and conveyance of the ADU or primary dwelling that ensure the ADU and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
e.
If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all the following:
i.
Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied.
ii.
Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the other parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
iii.
Procedures for dispute resolution among the parties before resorting to legal action.
4.
A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
5.
Notwithstanding Government Code Section 66324, if requested by a utility providing service to the primary dwelling, the ADU has a separate water, sewer, or electrical connection to that utility.
6.
Nothing in this section limits the ability of an ADU to be sold or otherwise conveyed separate from the primary dwelling as a condominium. However, it does not imply it is allowed outside of meeting all the conditions in this section.
B.
Rental Terms. Any rental of an ADU or JADU shall be for a period exceeding 30 consecutive days.
C.
Owner Occupancy for JADUs. The owner must reside in either the remaining portion of the primary dwelling or in the newly created JADU. Owner occupancy shall not be required when the owner is another governmental agency, land trust, or housing organization.
(Ord. No. 1049, 12/3/2025)
§ 17.100.100 Existing nonconforming units.
A.
Notwithstanding any other law, and except as provided in subsection B, the city will not deny a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, based on the following:
1.
The ADU or JADU is in violation of building standards pursuant to Division 13 Part 1.5 Chapter 5 Article 1 of the Health and Safety Code.
2.
The ADU or JADU does not comply with Title 7 Division 1 Chapter 13 Article 2 or Article 3 of the Government Code, as applicable, or a local ordinance regulating ADUs or JADUs.
C.
Homeowners may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements prior to submitting a building permit application.
D.
A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324 of the Government Code.
E.
Subject to compliance with Section 17920.3 of the Health and Safety Code, upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector may inspect the unit for compliance with health and safety standards and provide recommendations to comply with code that may be necessary to obtain a permit. Should the inspector find noncompliance with health and safety standards, the city shall not penalize the applicant for having the unpermitted ADU or JADU and will approve necessary permits to correct noncompliance with health and safety standards.
(Ord. No. 1049, 12/3/2025)
§ 17.102.010 Purpose.
The purpose of this chapter is to establish site planning, development, and/or operating standards for check cashing businesses, pawnshops, smoke shops, tattoo parlors, thrift stores, crematoriums, and massage establishments. It is the city's intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring special siting and location standards and imposing other special development standards.
(Ord. No. 1000 § 4, 2022)
§ 17.102.020 Check cashing businesses.
A.
Applicability. The development standards of this section shall apply to all new check cashing business in the city.
B.
Location. All new check cashing businesses shall be located consistent with the following standards:
C.
Development standards. In addition to the development standards of the underlying zone, the following special standards apply to all new check cashing businesses:
1.
Lighting. Check cashing businesses shall maintain lighting consistent with the provisions of chapter 17.58 (Outdoor Lighting Standards).
2.
Days and hours of operation. Operation of check cashing establishments shall be limited to Monday through Saturday, from 7:00 a.m. to 7:00 p.m.
3.
Site maintenance. Management shall be responsible for the removal of litter from adjacent property and streets that results from the check cashing business (with adjacent property owner consent).
(Ord. No. 1000 § 4, 2022)
§ 17.102.030 Pawnshops.
A.
Applicability. The development standards of this section shall apply to all new pawnshops in the city.
B.
Location. New pawnshops shall not be located closer than 1,000 feet from an existing pawnshop and no closer than 250 feet from a public school, park, community center, or library.
C.
Hours of operation. The hours of operation of pawnshops shall be limited to between 8:00 a.m. and 9:00 p.m. daily.
(Ord. No. 1000 § 4, 2022)
§ 17.102.040 Smoke shops.
A.
Applicability. The development standards of this section shall apply to all new smoke shops in the city.
B.
Location. Smoke shops shall not be located closer than 1,000 feet from another smoke shop and no closer than 1,000 feet from a public school, park, community center, or library.
C.
Measurement of distance. The distance between a smoke shop and a sensitive use or another smoke shop shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or portion of the structure, in which the smoke shop is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another smoke shop occurs or located.
D.
Signage. Smoke shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop to fail to display and maintain, or fail to display and maintain such signage.
E.
Merchandise. Tobacco products shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.
1.
The area dedicated for the sale of tobacco paraphernalia shall not exceed five percent of gross floor area.
F.
Nonconforming smoke shops. Smoke shops that do not comply with the provisions of this section, but which were legally established on the date this section was adopted, shall acquire the status of a legally nonconforming use and shall be allowed to remain in existence subject to the provisions of this section and chapter 17.62 (Nonconforming Uses, Structures, and Lots).
(Ord. No. 1000 § 4, 2022; Ord. No. 1017 § 10, 2023)
§ 17.102.050 Tattoo shops.
A.
Applicability. The development standards of this section shall apply to all new tattoo shops in the city.
B.
Location. Tattoo shops shall not be located closer than 1,000 feet from another tattoo shop and no closer than 500 feet from a public school, park, community center, or library.
(Ord. No. 1000 § 4, 2022)
§ 17.102.060 Thrift stores.
A.
Applicability. The development standards of this section shall apply to all new thrift stores in the city.
B.
Location. Thrift stores shall not be located closer than 1,000 feet from another thrift store.
C.
Development standards. All new thrift stores shall observe all development standards of the underlying zone, except that they shall also comply with the following additional standards:
1.
Enclosed activities. All activities shall be completely enclosed within the building for the use.
2.
Collection/receiving area. A dedicated collection area shall be established separate from the main patron entrance and may be located on the front, side or rear of the building. If the collection area is located in the front of the building, the bulk donation area shall be shielded from public view. Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed.
3.
Site maintenance. Management shall be responsible for the removal of litter from the subject property, adjacent property, and streets that results from the thrift store (with adjacent property owner consent).
(Ord. No. 1000 § 4, 2022)
§ 17.102.070 Crematoriums.
A.
Applicability. The development standards of this section shall apply to all crematoriums in the city.
(Ord. No. 1000 § 4, 2022)
§ 17.102.080 Non-storefront medical cannabis retail.
A.
Applicability. The development standards of this section shall apply to non-storefront medical cannabis retail facilities. "Non-storefront medical cannabis retail" means a retailer that sells medicinal cannabis or medicinal cannabis products, as those terms are defined in Business and Professions Code § 26001 (ak)(1), as may be amended, to customers exclusively through delivery. A non-storefront medical cannabis retail has a permitted premises to store medicinal cannabis or medicinal cannabis for delivery, but the premises is not open to the public. A non-storefront medical cannabis retailer shall have a State License Type M-Type 9, Non-Storefront Retailer, limited to delivery services of medical cannabis or cannabis products only.
B.
Limit on retailers. No more than one non-storefront medical cannabis retail use shall be allowed in the city.
C.
Permitted with minor use permit. The non-storefront medical cannabis retail use shall be permitted upon issuance of a minor use permit, subject to section 17.16.120, in the Neo-Industrial (NI) and Industrial Employment (IE) zones, pursuant to Table 17.30.030-1 of section 17.30.030 of this code, except that a non-storefront medical cannabis retail use is not permitted west of Haven Avenue.
D.
Minimum proximity requirements. Non-storefront medical cannabis retail facilities shall not be located closer than 600 feet from a school or daycare facility (public or private) or any other sensitive use listed in Business and Professions Code § 26054(b), 1,000 feet from any existing residential dwelling, church or similar place of worship, park or playground, recreational facility, hospital, public buildings (e.g., City Hall, county offices, courthouse, libraries, etc.), or 1,000 feet from the right-of-way on Haven Avenue, Miliken Avenue, 4th Street, Foothill Boulevard, and the I-15 freeway.
E.
Measurement of distance. The distance between a non-storefront medical cannabis retail facility and a use listed in subsection D shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or portion of the structure, in which the use is located, to the property line of the parcel on which the structure, or portion of the structure, in which the use occurs or is located.
(Ord. No. 1022, 12/20/2023)
§ 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.
(Ord. No. 1000 § 4, 2022)
§ 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 chapter.
1.
Festivals and other special events. This use class consists of the temporary operation of a commercial event for entertainment, including:
a.
Carnivals, circuses, rodeos, fairs, and festivals.
b.
Haunted houses.
c.
Concerts and live outdoor entertainment.
e.
Swap meets, flea markets, art, cultural, and educational exhibits and displays.
f.
Parades, assemblies, fundraisers, and parties.
g.
Outdoor sporting events, marathons, mobile, and non-stationary activities.
h.
Other similar events designed to attract large crowds, and which are held on private or public property.
2.
Seasonal sales. This use class consists of seasonal operation of a sales activity (e.g., Halloween, Christmas) on nonresidential properties, including:
3.
Uses related to a business. This use class consists of any event, promotion, or sale sponsored by a business or organization that is held outside the confines of the building on private or public property, including:
4.
Temporary uses concurrent with a construction project or change of use on site. This use class consists of uses that are required for the duration of a construction project, including:
5.
Master temporary use permits for events occurring on more than one occasion.
6.
Other temporary activities that the planning director determines are similar in nature and intensity to those identified above.
B.
Temporary uses exempt from permit requirements. The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform applicable development standards. Uses that fall outside of the categories defined shall be required to obtain a temporary use permit.
1.
Bingo games conducted by an eligible organization as described in and subject to all regulations in chapter 5.08 (Bingo).
2.
Car washes of a temporary nature (e.g., school fundraisers).
3.
Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.
4.
Emergency public health and safety facilities established by a public agency.
5.
Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.
6.
Entertainment and assembly events as part of an allowed permanent use (e.g., gathering at an assembly use).
7.
Events held exclusively on city property (city hall, city facilities, parks, etc.), not including events held exclusively in the public right-of-way (street, sidewalk, parkway, etc.), e.g., marathons.
8.
Events held exclusively on school grounds, and which are in conjunction with a public school use.
9.
Garage and yard sales held on private property and when occurring no more than four days per calendar year.
10.
Nonincorporated children's stands, such as a lemonade stand.
11.
Parades and assemblies where the size of crowd does not exceed 75 people. City sponsored parades and assemblies are also exempt.
12.
Private weddings, parties, or festivities conducted on private residential property that comply with all city regulations and performance standards that apply to, for example, parking, noise, and lighting, and are not part of a business or charge a rental or entrance fee. Shall include block parties involving a temporary street or lane closure provided a street closure permit has been issued by the city engineer.
13.
Storage containers and dumpsters not associated with an approved construction project when:
14.
Temporary land uses in a zone that allows that land use by right on a permanent basis.
(Ord. No. 1000 § 4, 2022)
§ 17.104.030 General development standards for temporary uses.
Standards for height, off-street parking, setbacks, and other structure and property development standards that apply to the category of use, or the zone of the subject parcel shall apply to all temporary activities occurring on it. The following requirements shall also apply to all temporary activities:
1.
Standards for height, off-street parking, setbacks, and other structure and property development standard that apply to the category of use, or the zone of the subject parcel shall apply to all temporary activities.
2.
Sales or distribution of food items to the general public are subject to San Bernardino County Department of Public Health review and approvals.
3.
Sales or distribution of alcohol to the general public are subject to Department of Alcoholic Beverage Control (ABC) review and approvals.
4.
Adequate provisions for traffic circulation, parking, and pedestrian safety shall be provided to the satisfaction of the planning director and the city engineer. Proof of adequate parking may be required at the discretion of the planning director.
5.
All participating vendors shall obtain a City of Rancho Cucamonga business license.
6.
Applicants shall provide a written authorization from the property owner allowing for the temporary use or activity to occur on site.
(Ord. No. 1000 § 4, 2022)
§ 17.104.040 Development standards for specific temporary uses.
The following standards shall apply to the specific temporary uses described below:
A.
Festivals and other special events.
1.
Carnivals, circuses, rodeos, fairs, and festivals.
a.
All such uses shall be limited to not more than 15 days, or more than three consecutive weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a conditional use permit.
b.
All such activities shall have a minimum setback of 100 feet from any residential use as measured from the property line. This requirement may be waived by the planning director if no adverse impacts, including, but not limited to, noise, traffic, odor, glare, and/or trash would result.
c.
Restroom and trash facilities shall be made available during the operational hours of the event.
d.
A security plan shall be provided to ensure the event will not present a hazard to attendees and residents in proximity to the event.
e.
Noise attenuation shall be provided to the satisfaction of the planning director.
2.
Haunted houses.
a.
The operator shall obtain all necessary construction and use permits from the city and fire district prior to commencing the construction of a haunted house facility and shall obtain an operating permit from the fire district prior to commencing operations or opening to the public.
b.
Haunted houses located in residential zones shall be limited to the day of Halloween (October 31st) and the Saturday night during the week preceding Halloween. All haunted house activities shall cease after 10:00 p.m.
c.
Haunted houses located in residential zones shall not impose fees, collect donations, or require any incentives as condition for entry into the haunted house. Sale of merchandise, food or drinks is prohibited during the operation of a haunted house.
d.
Commercial haunted houses shall provide restroom and trash facilities during the operational hours of the event.
e.
Commercial haunted houses shall provide a security plan to ensure the event will not present a hazard to attendees and residents in proximity to the event.
f.
Noise attenuation shall be provided to the satisfaction of the planning director.
3.
Concerts and live outdoor entertainment.
a.
All such uses shall be limited to not more than five days, or more than two consecutive weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a conditional use permit.
b.
All such activities shall have a minimum distance from any residential area. This requirement will be determined by the planning director on a site-by-site basis.
c.
Restroom and trash facilities shall be made available during the operational hours of the event.
d.
A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event.
e.
Noise attenuation shall be provided to the satisfaction of the planning director.
4.
Certified farmers' markets.
a.
Such use is allowed in the High Density Residential (H) zone and all form-based zones. Such use may be permitted in residential zones if owned by a government agency or nonprofit entity.
b.
Such use shall be limited to not more than 110 days in a calendar year. To exceed this time limitation shall require the review and approval of a minor development review as prescribed in section 17.06.020 (Rules of Interpretation).
c.
All activities shall have a minimum setback of 100 feet from any residential area. This requirement may be waived by the planning director if in his or her opinion no adverse impact would result.
d.
Seventy-five percent of the total farmers market sales area must be for the sale of farm products such as fruits, vegetables, nuts, herbs, eggs, honey, livestock food products (meat, milk, cheese, etc.), or flowers and value-added farm products such as baked goods, jams, and jellies. The sale of ancillary products may occur but may not exceed 25 percent of the total sales area.
e.
Farmers' markets shall be certified and comply with the requirement of chapter 10.5, Direct Marketing Requirements, of Division 17 of the Food and Agriculture Code.
f.
All farmers' markets shall have a market manager authorized to direct the operations of all vendors participating in the market on site during hours of operation.
g.
Farmers' market managers shall obtain and have on site all operating and health permits during hours of operation.
h.
Operating rules, hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the planning director.
i.
Farmers markets shall provide for composting, recycling, and waste removal in accordance with all applicable city codes.
5.
Swap meets, flea markets, art, cultural, and educational exhibits and displays.
a.
All such uses shall not exceed 30 days of operation or exhibition per calendar year. Swap meets may be allowed additional days of operation at the discretion of the planning director.
b.
The hours of operations for a swap meet and/or flea market shall be limited to between the hours of 7:00 a.m. to 6:00 p.m.
c.
The operator of a swap meet and/or flea market shall post the local regulations relative to swap meets in a conspicuous place on the premises where the swap meet is conducted.
d.
The owner or operator of the swap meet and/or flea market shall maintain a record of all sellers at the swap meet on each date the swap meet was open for business and shall provide the list on record for inspection upon demand by the city business license officer.
e.
The sale of automobiles or automobile parts is prohibited.
6.
Parades, assemblies, fundraisers, and parties.
a.
Noise levels shall not exceed the established noise standards for the underlying noise zone per chapter 17.66 (Performance Standards).
b.
All proceeds derived from a fundraiser event from the sales of any food, drinks or merchandise shall be for the benefit of a government, nonprofit organization, or individual.
7.
Outdoor sporting events, marathons, mobile, and nonstationary activities.
B.
Seasonal sales.
1.
Seasonal sale of agricultural products raised on premises.
a.
Sales are limited to periods of 90 days in a calendar year and when parking and access is provided to the satisfaction of the planning director.
b.
Sales of nonagricultural and/or noncottage food products are prohibited. Sales of cottage food shall comply with all applicable licensing and permitting requirements per the San Bernardino County Department of Public Health.
c.
A minimum of ten off-street parking spaces shall be provided with provisions for controlled ingress and egress. All parking spaces shall be consistent with the city's parking standards in chapter 17.64.
d.
The hours of operations shall be limited to between the hours of 7:00 a.m. to 6:00 p.m.
2.
Christmas tree, pumpkin, and other holiday-themed product sales lots.
a.
All such uses shall be limited to 30 days of operation per calendar year.
b.
All lighting shall be directed away from and shielded from adjacent residential areas.
c.
All activities not involving the sale of holiday-related products are subject to review by the planning director. In the event where the nature of the holiday-related product is contested, the planning director shall have the final determination.
C.
Uses related to a business.
1.
Parking lot, sidewalk, or other outdoor promotional sale of merchandise.
a.
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.
b.
Each sale is limited to a maximum of 19 days per calendar year, unless authorized by a conditional use permit.
c.
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 30 days of another sale.
d.
The activity shall not present a hazard to pedestrians or encroach on a required building exit or emergency vehicle/fire access lanes.
e.
Safe vehicle ingress and egress shall be provided at all times.
f.
Adequate parking shall be provided and maintained during the course of the activity for both the business of the applicant and all other businesses on the same lot or parcel or within the same shopping center.
2.
Temporary entertainment events.
a.
All temporary entertainments events shall be limited to a maximum of three contiguous calendar days per year, and such events shall be limited to a total of 12 days per calendar year, on the same property.
b.
The applicant for each entertainment event must obtain the written authorization of the property owner where the event is being held.
c.
Noise levels shall not exceed the established noise standards for the underlying noise zone per chapter 17.66 (Performance Standards).
d.
A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event.
e.
Events that negatively impact the public and/or neighborhood such as through noise or traffic impacts may be denied subsequent temporary entertainment permits.
f.
Entertainment uses shall also be exempt from the requirements of this section.
3.
Temporary office modules.
a.
A temporary office module may be approved for a limited time period not exceeding six months. Extensions may be granted at the discretion of the planning director. Temporary office modules submitted in conjunction with a master plan for development of permanent buildings may initially be approved for a longer period at the discretion of the planning director.
b.
All temporary office modules shall be removed upon completion of the construction permit for which this use has been approved, or the expiration of the time for which the approval has been granted.
c.
The design of the office modules shall have a look of permanence. This shall include such actions as screening temporary foundations, screening utility equipment, and using overhangs, walkways, and stepped roofs to mitigate the temporary appearance.
d.
The approval of temporary office modules may require necessary street improvements, grading, drainage facilities, and landscaping.
e.
Temporary office modules shall comply with all applicable fire and building codes.
f.
A statement from the owner of the property indicating that the temporary office module shall be removed at the end of the designated period shall be provided. The statement shall include an acknowledgement that failure to remove the office module or failure to apply for an extension by the expiration date will result in a halt to further construction or inspection activity on the project site, and enforcement action to ensure restoration of any structures.
4.
Temporary construction yards, storage and staging areas (off site).
a.
All construction yards, staging areas, and storage shall be maintained in conjunction with construction activities. All equipment and storage shall be removed upon final inspection approval or occupancy for which a permanent use has been approved, or the expiration of the time for which the approval has been granted.
b.
Failure to remove all construction yards, staging areas, and storage by the expiration date will result in a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of any structures.
5.
Temporary sales office.
a.
Sales offices may be located inside a dwelling unit of a new subdivision or within a trailer, modular or similar temporary structure located within a recently recorded tract. If the sales office is not located within the subdivision, the sales office shall be located in a model home or other permanent structures.
b.
Approval shall be for a two-year period, at which time the sales office use shall be terminated, and the dwelling unit restored back to its original condition. If the sales office is in a trailer, the trailer shall be removed. Extensions may be granted at the discretion of the planning director.
c.
A cash deposit, letter of credit, or any security determined satisfactory to the city shall be submitted to the city, in an amount to be set by city council resolution, to ensure the restoration or removal of the structure.
d.
Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of structure.
e.
The hours of operation of an off-site sales office shall be limited to between the hours of 10:00 a.m. to 6:00 p.m.
f.
All model home lots shall be fully landscaped including, but not limited to, a permanent, underground irrigation system, specimen size trees, and the use of shrubbery, ground cover, and lawn in combination to produce a pleasing and aesthetic environment compatible with the surrounding established neighborhood.
g.
The individual elements of the model homes sales office (e.g., lighting, signing, fencing, hours of operation) should be designed in a collective, coordinated manner to ensure a safe, secure, and aesthetic environment, sensitive to and compatible with the surrounding development.
h.
All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right-of-way, except where approved by the planning director for security.
i.
Flags, pennants, or other on-site advertising shall be regulated pursuant to the sign regulations. A sign permit application shall be submitted for review by the planning department prior to installation.
j.
Street improvements and temporary parking at a rate of two spaces per model shall be completed to the satisfaction of the planning director prior to commencement of sales activities or the display of model homes. All temporary parking spaces shall be off-street.
k.
On-street parking may be permitted subject to the following conditions:
i.
The model homes, sales office, and on-street parking shall be secured with a decorative fence and gate across the street that is kept locked during non-operating business hours.
ii.
The sales office, models, and on-street parking spaces has been coordinated with construction phasing such that there are no resident homeowners living in homes located adjacent to the gated, secured area of the street.
l.
An area for overflow parking shall be provided off-street to the satisfaction of the planning director. Said parking area shall be located adjacent to the model home sales office, outside secured area, appropriately signed, and provided with a drive approach constructed to city standards.
m.
Temporary landscaping, including minimum 36-inch box trees, shall be provided within the on-street parking area (cul-de-sac). Temporary landscaping shall also be provided within a planter area surrounding the overflow parking area.
6.
Temporary living quarters on active construction sites.
a.
The planning director may approve a temporary living quarters for security personnel or temporary residence of the subject property owner in conjunction with a development project.
b.
Installation of a temporary living quarter may occur only after a valid building permit has been issued.
c.
Temporary living quarters shall not exceed a maximum gross square footage of 650 square feet in size (tongue not included).
d.
The temporary living quarter must meet all requirements and regulations of the San Bernardino County Department of Public Health and the city building and safety department.
e.
Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted. At that time, trailers shall be removed from the site.
f.
A cash deposit, letter of credit, or any security determined satisfactory to the city shall be submitted to the city, in an amount to be set by city council resolution, to ensure removal of the structure temporary living quarter.
g.
Failure to terminate the temporary living quarter or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit and enforcement action to ensure removal of the temporary living quarter.
D.
Master temporary use permits.
1.
Individual events requiring a temporary use permit and occurring multiple times in a calendar year may be authorized to combine all permits under a master temporary use permit.
2.
All events are subject to specific requirements associated with their event class as established in this section.
3.
The master temporary use permit shall be active for a 12-month period from the date of permit issuance.
4.
A plan specifying the specific days and times in which the activity will take place shall be submitted with the application. Additional permits may be required for activities falling outside of the times specified.
5.
Event occurrences under a master temporary use permit shall be identical in operating characteristics. In the event where the operating characteristics are in question, the planning director shall have the final determination.
(Ord. No. 1000 § 4, 2022)
§ 17.106.010 Purpose and intent.
The purpose of this chapter is to establish site planning and development standards for wireless communication facilities. It is the city's intent, in establishing these standards, to allow for the development of wireless communication facilities where needed in accordance with the Telecommunications Act of 1996, while maintaining development standards and permitting requirements consistent with state law.
(Ord. No. 1000 § 4, 2022)
§ 17.106.020 Permit requirements and exceptions.
A.
Minor wireless communication facilities shall require minor design review.
B.
Major wireless communication facilities shall require a conditional use permit.
C.
Minor or major wireless communication facilities located within the public right-of-way shall also require a construction permit pursuant to chapter 12.03.
D.
Wireless communication facilities on city property, except for the public right-of-way, are exempt from permit requirements.
E.
Removal of wireless communication facilities is exempt from permit requirements.
F.
Replacement of equipment which does not substantially change the tower or shelter is exempt from planning permits, but may be subject to other building permits.
G.
Notwithstanding any other provision of this chapter, the collocation of a new wireless communication facility on an existing major wireless communication facility that: (1) was approved after January 1, 2007, by discretionary permit; (2) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (3) otherwise complies with the requirements of Government Code § 65850.6(b) for wireless communication collocation facilities shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable nondiscretionary permit(s), as specified by this title and the city-adopted building code, provided such collocation does not increase the height or change the location of the existing wireless facility or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility.
H.
The proposed collocation of a new wireless communication facility on an existing minor or major wireless communication facility that meets all of the requirements stated in subsection G may include new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless communication collocation facility.
1.
The proposed collocation of a new wireless communication facility on an existing major wireless communication facility that meets all of the requirements stated in the above paragraphs may not include the following:
a.
More additional surface area of antennas than is being utilized by the existing wireless communication collocation facility, provided all antennas are colored and/or disguised to match the existing facility.
b.
Any additional tower or additional support structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless communication facility. Unless otherwise approved in writing by the planning director, and except as provided in this subsection, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this chapter.
2.
Except as otherwise provided above, a minor use permit or minor design review shall be required when the proposed collocation facility:
a.
Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communication facility; or
b.
Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this section; or
c.
Collocates on an existing legally permitted wireless communication facility that was approved on or prior to January 1, 2007; or
d.
Will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the planning director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility.
I.
In the event that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, the permits required by this chapter for those facilities shall be deemed to be ministerial permits. For those facilities, in lieu of a discretionary use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility and all provisions of this chapter shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this chapter or deemed necessary by the director shall be imposed and administered as reasonable time, place and manner rules.
J.
A collocation or siting application for a wireless telecommunications facility will be deemed approved if the city fails to approve the application in a reasonable time (60 days for modifications and 150 days for all other telecommunications applications), the applicant provided all required public notices, and the applicant provided notice to the city that the reasonable time period lapsed.
K.
For eligible facilities requests, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.
(Ord. No. 1000 § 4, 2022)
§ 17.106.030 Application requirements.
Where the city determines that it requires expert assistance in evaluating an application, the city may hire a consultant and the fee charged by the consultant shall be reimbursed to the city, with a deposit paid up front by the applicant regardless of the outcome of the application.
(Ord. No. 1000 § 4, 2022)
§ 17.106.040 Development criteria.
A.
Screening and site selection guidelines. The following screening and site selection guidelines apply to all wireless communication facilities:
1.
Stealth facilities and concealed antennas are preferred.
2.
Wireless communication facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the planning director, or as otherwise required herein.
3.
Ground-mounted wireless communication facilities shall be located only in close proximity to existing aboveground utilities, such as electrical towers or utility poles (which are not scheduled for removal or undergrounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.
4.
Wireless communication facilities shall be located in the following order of preference:
a.
Collocated with existing wireless communication facilities.
b.
On existing structures such as buildings, communication towers, or utility facilities.
c.
On an existing signal, power, light, or similar kinds of poles.
d.
In industrial zones.
e.
In form-based zones.
f.
In residential zones, subject to additional restrictions set forth herein.
5.
Major wireless communication facilities are not permitted to locate within 300 feet of any residential structure, within any residential zone, or within 300 feet of any existing, legally established major wireless communication facility except as follows:
a.
When located on any existing nonresidential building or structure or on any existing utility pole provided such location complies with all of the following:
i.
The collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable state or federal regulations; and
ii.
Existing major wireless communication facility to be utilized for collocation shall previously be granted with a conditional use permit or a minor development review approval, including modification of an existing conditional use permit or minor development review; and
iii.
All accessory equipment and enclosures shall be located underground or screened from public view as approved in writing by the planning director; and
iv.
Unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation.
b.
The proposed facility will replace or modify an existing facility for purposes of collocation.
c.
The proposed facility will be designed and constructed in a manner to allow for future collocation of an additional wireless communication carrier provided the applicant submits written documentation that shows:
i.
A more preferable location, as determined by reference to subsection (A)(4) cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility, including, but not limited to, coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant's reasonable control.
d.
For the purposes of this chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communication facility.
B.
Development requirements.
1.
As part of the application process, each wireless communication facility applicant may, at the discretion of the planning director, be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the site selection guidelines (Order of preference). Such documentation shall include at minimum a coverage map (before and as proposed) and analysis of alternative sites.
2.
Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage.
3.
All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zone in which the accessory equipment is located, subject to city approval. If the equipment is permitted to be located aboveground or will be located within the public right-of-way, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.
4.
Wireless communication facilities shall be of subdued colors and non-reflective materials which blend with surrounding materials and colors.
5.
All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building.
6.
Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communication facility. The applicant shall provide documentation satisfactory to the planning director establishing compliance with this subsection.
C.
In addition to the development criteria set forth in subsections A and B, the following criteria shall apply to all wireless communication facilities located within the public right-of-way and installed after June 16, 2018:
1.
Wireless communication facilities may be located on street lights or utility poles, but may not be placed on historic or decorative street lights, traffic signal poles, or intersection safety lights.
2.
The applicant shall submit engineering calculations, sealed by a registered professional engineer licensed in California, to ensure that the existing street light or utility pole and its footing are adequate to support the new loads. If the existing infrastructure is not adequate to support the new loads, the applicant may propose to replace the existing infrastructure with adequate, city-approved, new infrastructure at the applicant's expense.
3.
All cabling and wiring must be contained in conduit, affixed directly to the face of the pole, for as long as it is technically feasible. Exposed slack or extra cable is prohibited.
4.
Electrical meters are prohibited. The applicant is responsible for the cost of all electrical usage associated with the wireless communication facility.
5.
If installation of the wireless communication facility is within an area governed by the Rancho Cucamonga Fiber Master Plan, the city engineer may forward the engineering plans to the Rancho Cucamonga Municipal Utility for review and a requirement that the applicant coordinate with the Rancho Cucamonga Municipal Utility may be added to the construction permit to facilitate joint trenching opportunities.
6.
Installation and operation of the wireless communications facility shall not damage or interfere in any way with city property or facilities or existing, third-party installations.
D.
In addition to the development criteria set forth in subsections A, B, and C, the following height restrictions shall apply to all wireless facilities located within form-based zoning districts.
TABLE 17.106.040-1 HEIGHT STANDARDS IN FORM-BASED ZONING DISTRICTS | ||||||||
|---|---|---|---|---|---|---|---|---|
NE2 | NG3 | CE1 | ME1 | ME2 | CO1 | CO2 | CE2 | |
Max. Height | 30 ft. | 30 ft. | 45 ft. | 52 ft. | 42 ft. | 42 ft. | 51 ft. | 51 ft. |
(Ord. No. 1000 § 4, 2022; Ord. No. 1017 § 11, 2023)
§ 17.106.050 Performance standards.
No wireless communication facility shall interfere with any public safety radio communications system, including, but not limited to, the 800 MHz trunking system. Wireless communication facilities shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and abatement of any such interference.
(Ord. No. 1000 § 4, 2022)
§ 17.106.060 Removal and restoration-Permit expiration or revocation.
A.
Upon the expiration date of the minor design review, conditional use permit, and/or construction permit, including any extensions, earlier termination or revocation of the permit, the operator shall remove its wireless communications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The wireless communications facility shall be removed from the property within 30 days, at no cost or expense to the city. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.
B.
Failure of the operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit of the facility, shall be a violation of this code, and be grounds for:
C.
In the event the Director of Engineering Services determines that the condition or placement of a wireless communications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the Director of Engineering Services may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.
D.
In the event the city removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from any performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility. The operator shall have no claim if the city destroys any such facility not timely removed by the operator after notice or removed by the city due to exigent circumstances.
(Ord. No. 1000 § 4, 2022)
§ 17.106.070 Abandonment.
A.
A wireless communication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communication services for 180 or more days, unless the wireless communication facility is otherwise permitted to remain in the public right-of-way by agreement with the city. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city.
B.
A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communication facility at said operator's business address on file with the city. The operator shall remove all facilities within 30 days of the date of such notice unless, within ten business days of the date of said notice, the operator appeals such determination, in writing, to the planning commission. The planning director shall schedule a hearing on the matter to be conducted before the planning commission at which time the operator may present any relevant evidence on the issue of abandonment. The planning commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the planning commission shall be final.
C.
Any wireless communication facility determined to be abandoned and not removed within the 30-day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the planning commission following its final determination of abandonment, shall be in violation of this chapter, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law.
(Ord. No. 1000 § 4, 2022)
§ 17.106.080 Deployment of temporary facilities.
A temporary wireless communication facility may be deployed subject to approval by the planning director and the following:
A.
A permanent wireless communication facility has been approved for the property in question.
B.
The temporary facility was approved as part of the conditional use permit or minor development review.
C.
The facility is deployed for no more than six months, provided that two extensions may be granted by the planning director; however, the total period shall not exceed one year.
(Ord. No. 1000 § 4, 2022)
§ 17.106.090 Agreement for facilities located on city-owned property.
No approval granted under this chapter for locating facilities on city-owned property, including city-owned utility poles, shall be effective until the applicant and the city have executed a written agreement establishing the particular terms and provisions under which the right to occupy city-owned property shall be used or maintained. The terms of any such agreement shall be supplemental to the requirements of this chapter.
(Ord. No. 1000 § 4, 2022)
§ 17.108.010 Purpose.
The purpose of this chapter is to establish site planning and development standards for television, satellite dish and radio antennas to minimize visual impacts resulting from, and reducing safety hazards associated with, the size, height, and placement of such antennas. The standards set forth herein are designed to balance the city's concern for public safety and aesthetic interests, with each person's right to transmit or receive radio and/or television signals without imposing unreasonable limitations on antennas or preventing the transmission or reception of radio and/or television signals.
(Ord. No. 1000 § 4, 2022)
§ 17.108.020 Applicability.
A.
Antennas less than 20 square feet in surface area may be mounted in the rear or side yard, or on the roof of any structure. If the rear or side yard prove unsatisfactory, then they may be mounted in the front yard of any residence with approval of a site development review entitlement by the planning director subject to the related provisions within this chapter can be met.
B.
Antennas 20 square feet or greater in surface area shall be installed in the rear yard except in the event that the overall quality of reception in the rear yard is not at least equal to that received by cable, or other circumstances preclude such installation. Approval of site development review entitlement by the planning director shall be obtained authorizing the antenna to be located in a side yard, on the roof of a structure, or in the front yard, subject to provisions within this chapter.
(Ord. No. 1000 § 4, 2022)
§ 17.108.030 Screening required.
A.
Each antenna visible to the public which has a surface area exceeding 20 square feet or greater, or which is permitted by this chapter to be mounted in the front yard, shall be screened to the satisfaction of the planning director, unless otherwise screened from public view by existing structures, landscaping, or topographical features. If such antenna is to be mounted directly, or through a supporting structure, to the ground, then such screening shall be accomplished through the use of appropriate plants, trees, or shrubbery or a combination of such plants, trees, shrubbery, and wood lattice or other material compatible with the residence or other adjacent structures. Plants, trees, or shrubs to be utilized for screening purposes shall have a minimum container volume of ten gallons at the time of planting. All such screening shall be sufficiently high so as to screen at least 90 percent or more of the antenna from public view.
B.
Each antenna with a surface area 20 square feet or greater, which is permitted by this chapter to be roof mounted, shall be screened with materials compatible with the structure upon which such antenna is mounted and shall be screened to the satisfaction of the planning director. Such screening shall be sufficiently high so as to screen at least 90 percent of the antenna from public view.
C.
This screening requirement shall not apply to satellite dish antennas, two meters or less in diameter in commercial or industrial zones, or one meter or less in diameter in any other zone.
(Ord. No. 1000 § 4, 2022)
§ 17.108.040 Antenna installations.
A.
The preferred order of placement of any antenna is rear yard first, then side yard, roof, and finally front yard. Notwithstanding the foregoing, the preferred location shall be that location which results in the greatest screening of the antenna from public view by existing landscaping, structural, and/or topographical features.
B.
No antenna shall exceed ten feet in height above the peak roof line of the structure upon which such antenna is mounted or the height of the peak roof line of the closest building or residential structure if such antenna is not to be roof mounted.
C.
No antenna shall be installed in any required setback, within five feet of any property line, or in any other location, which would impede emergency access to any portion of the subject property.
D.
No satellite dish antenna shall exceed ten feet six inches in diameter.
E.
Each satellite dish antenna exceeding five feet in diameter shall be earth-tone or neutral in color and shall be constructed of a "see-through" mesh or open grid design. Solid surface receive-only satellite dish antennas, such as solid, white fiberglass designs, are prohibited.
F.
Nothing herein shall excuse any person from obtaining all permits otherwise required or from complying with any and all applicable local and state codes, laws, and regulations pertaining to the installation of antennas and/or antenna support structures.
G.
No more than two receive-only antennas 20 square feet or greater in surface area may be installed per residential lot or parcel.
(Ord. No. 1000 § 4, 2022)
§ 17.108.050 Antenna placement in nonresidential zones.
Except as otherwise provided in this chapter, all provisions herein, including, but not limited to, permit and screening requirements, shall be fully applicable to placement of antennas in nonresidential zones. The preferred order of placement shall be rear setback areas first, then side setback areas, roof, and finally front setback areas.
(Ord. No. 1000 § 4, 2022)
§ 17.109.010 Purpose and intent.
The purpose of this chapter is to establish standards for the installation and use of battery energy storage facilities. The standards set forth herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by battery energy storage facilities and to mitigate the impacts of battery energy storage facilities on the environment.
(Ord. No. 1031, 10/15/2024)
§ 17.109.020 Applicability.
The requirements of this chapter shall apply to all utility-scale battery energy storage facilities permitted, installed, or modified after the effective date of this chapter, excluding general maintenance and repair. Utility-scale battery energy storage facilities constructed or installed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter. Modifications to, retrofits, or replacements of an existing battery energy storage facility that increases the total battery energy storage system designed discharge duration or power rating shall be subject to this chapter. All proposed battery energy storage facility sites within existing properties owned by the Southern California Edison Company and the Rancho Cucamonga Municipal Utility shall be exempt from the requirements of this chapter.
(Ord. No. 1031, 10/15/2024)
§ 17.109.030 Development standards.
A.
Location Requirements. Siting battery energy storage facilities shall comply with the following locations:
1.
Neo-Industrial (NI) or Industrial Employment (IE) Zones with the issuance of a Conditional Use Permit as shown in Table 17.30.030-1.
2.
Maximum 1 mile from the connecting utility as measured from the nearest point of each parcel boundary.
3.
Minimum 1,000 feet from residentially zoned properties as measured from the nearest point of each parcel boundary.
B.
Maximum Lot Size. Ten acres net. Sites 10 acres or greater will require a Master Plan application subject to the approval of City Council as outlined in Section 17.22.020 (Master Plan).
C.
Setbacks. Battery energy storage facilities shall maintain at least a 10-foot setback from all property lot lines.
D.
Screening.
1.
The site for a battery energy storage facility shall be fully enclosed by a minimum six-foot, non-scalable solid wall. The walls shall consist of either decorative concrete masonry block or decorative concrete tilt-up walls.
E.
Hardscape. All driveways and pathways between battery energy storage system structures, and any other associated pad-mounted structures, shall contain pervious pavement or similar material (e.g., gravel).
F.
Lighting. On-site lighting shall be limited to the minimally required amount for safety and operational purposes. See chapter 17.58 (Outdoor Lighting Standards) for lighting standards.
G.
Parking and Access. Parking and access for battery energy storage facilities shall be provided as follows:
1.
Battery energy storage facilities shall provide a minimum of one parking space for maintenance vehicles.
2.
The site for a battery energy storage facility shall provide access for a maintenance vehicle. The access shall comply with the dimensional standards in chapter 17.64 (Parking and Loading Standards).
3.
The driveway entrance shall have a locking gate. The gate shall be tubular steel wrought iron and shall be backed by perforated metal sheeting painted to match the gate.
H.
Noise.
1.
Battery energy storage facilities are subject to the noise standards as outlined in Section 17.66.050 (Noise Standards). Applicants shall submit equipment and component manufacturer's noise ratings to demonstrate compliance.
2.
At the discretion of the planning director, a separate noise study may be required.
I.
Signage.
1.
All signage shall be in compliance with the American National Standards Institute (ANSI) Z535 and include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information.
2.
As required by the National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
J.
Building and Construction Codes. Battery energy storage facilities shall comply with all applicable standards of the Building and Construction Regulations of the City of Rancho Cucamonga and the adopted Fire Code. See title 15 (Buildings and Construction).
K.
Utility Undergrounding. Utilities shall be undergrounded unless prohibited by Southern California Edison or the Rancho Cucamonga Municipal Utility. Such prohibition of undergrounding utilities shall be provided in writing to the planning director.
(Ord. No. 1031, 10/15/2024)
§ 17.109.040 Emergency operations plan.
All applications shall include an emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the fire marshal, and the Rancho Cucamonga Fire District. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire officials, and emergency responders. The emergency operations plan shall include the following information:
A.
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
B.
Procedures for inspection and testing of associated alarms, interlocks, and controls.
C.
Procedures to be followed in response to notifications from the battery management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to emergency personnel for potentially hazardous conditions in the event of a system failure.
D.
Emergency procedures to be followed in case of fire, explosions, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures may include sounding the alarm, notifying the fire district, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
E.
Procedures for dealing with battery energy storage facility equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
F.
Other procedures as determined necessary by city officials to provide for the safety of neighboring properties and emergency responders.
G.
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
(Ord. No. 1031, 10/15/2024)
§ 17.109.050 Decommissioning plan.
All applications shall include a decommissioning plan. The decommissioning plan shall include the following:
A.
A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage facility components, structures, equipment, security barriers, and transmission lines from the site.
B.
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
C.
The anticipated life of the battery energy storage facility.
D.
The estimated decommissioning costs and how the estimate was determined.
E.
The method of ensuring that funds will be available for decommissioning and restoration.
F.
The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage facility, such as structural elements, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the facility is removed.
G.
A listing of any contingencies for removing an intact operational battery energy storage system unit(s) from service, and for removing a battery energy storage system(s) unit from service that has been damaged by a fire or other event.
H.
The owner and/or operator of the battery energy storage facility shall implement the decommissioning plan upon abandonment and/or in conjunction with removal of the facility.
I.
The owner and/or operator of the battery energy storage facility shall continuously maintain a fund payable to the city, in a form and amount approved by the city for the removal of the battery energy storage facility, for the period of the life of the facility. All costs shall be borne by the applicant.
(Ord. No. 1031, 10/15/2024)
§ 17.109.060 Change of ownership or operator.
A new owner or operator of a battery energy storage facility shall notify the planning department of such change in ownership or operator within 30 days of the ownership or operator change.
(Ord. No. 1031, 10/15/2024)
§ 17.109.070 Abandonment.
The battery energy storage facility shall be considered abandoned when it ceases to operate for more than one year. If the owner and/or operator fails to comply with the decommissioning plan under section 17.109.050 upon abandonment, the city may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a battery energy storage facility and restoration of the site in accordance with the decommissioning plan.
(Ord. No. 1031, 10/15/2024)
§ 17.110.010 Applicability.
All emergency shelters shall meet the following locational and operational standards.
A.
A shelter shall not be located within 300 feet of another emergency shelter.
B.
The number of beds shall not exceed more than one per 130 square feet of gross floor area.
C.
Off-street parking shall be based on demonstrated need, but shelters shall not be required to provide more than one parking space per 200 square feet of gross floor area.
D.
A shelter shall provide an interior waiting and intake area which contains a minimum of 200 square feet and an exterior on-site waiting area of no less than 200 square feet.
E.
A shelter shall have 24-hour per day/seven days a week on-site management.
F.
The maximum length of stay of any person shall be six months.
G.
Appropriate exterior lighting shall be provided. The exterior lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and with brightness or glare controlled to be compatible with the neighborhood.
H.
A shelter shall provide security guards during the hours a shelter is open.
(Ord. No. 1000 § 4, 2022)
§ 17.111.010 Vehicle service uses.
All existing vehicle services uses in the CE1-SC subzone are permitted to remain in operation. Any new proposed vehicle service use in the CE1-SC subzone is prohibited.
(Ord. No. 1023, 1/17/2024)