Chapter 17.12 — LAND USE AND DEVELOPMENT APPROVAL REQUIREMENTS

The purpose of this chapter is to establish the general requirements of this title for the review and approval of proposed development and new land uses in the city.

(Ord. No. 1000 § 4, 2022)

All uses and structures shall be established, maintained, constructed, reconstructed, altered, or replaced in compliance with the following requirements:

• A. Allowed uses. The use of land shall be consistent with the allowed use regulations as follows:

  1. Permanent uses. Article III (Zones, Allowed Uses, and Development Standards) and article VIII (Form-Based Code) list the allowed uses and permit requirements for various land uses in each of the city's base zones and overlay zones.

  2. Temporary uses. Temporary uses, such as construction yards, seasonal sales lots, and special events must comply with the requirements of chapter 17.104 (Temporary Uses).

• B. Permit and approval requirements. Any development or land use approval required by this title must be obtained before it is constructed or otherwise established unless exempt under section 17.12.030 (Additional Approvals May Be Required).

• C. Development standards. All uses and structures must comply with the development standards described in this title, including but not limited to chapters 17.34 (General Development Standards) and 17.38 (Overlay Zones) and articles IV (Site Development Provisions), V (Specific Use Requirements), VI (Special Planning Areas), VII (Design Standards and Guidelines), and VIII (Form-Based Code). In addition:

  1. No structure shall be erected, maintained, converted, reconstructed, or structurally altered, nor shall any land be used for any purpose if such structure or use is not allowed in the zone in which the structure or land is located.

  2. No structure shall be erected, maintained, reconstructed, or structurally altered to exceed the height or envelope or setback limit for the zone in which the structure is located.

  3. No lot area shall be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this title.

  4. The required yard and/or open space around a structure or on a vacant parcel shall not be used to meet the yard or open space requirements for any other existing or proposed structure.

  5. Every structure shall be located on a lot as defined by this title.

• D. Conditions of approval. The use of land and the construction of structures authorized by permits or entitlements granted by the city in accordance with the procedures provided by this title shall comply with any applicable conditions of approval imposed by the designated approving authority in approving the permit or entitlement, including any permit or entitlement that was approved prior to the effective date of this title or any amendments thereto.

• E. Legal parcel. The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with title 16 (Subdivisions) and the Subdivision Map Act as determined by the Director of Engineering Services. Legal nonconforming parcels may be used or developed in compliance with chapter 17.62 (Nonconforming Uses and Structures).

• F. Development agreements. All uses and structures shall comply with any applicable development agreement approved by the city in compliance with chapter 17.22 (Entitlements Decided by the City Council).

• G. Building permits and other permits. The structures shall comply with the requirements for building permits and applicable city, county, regional, special district, state, or federal permits.

• (Ord. No. 1000 § 4, 2022)

The establishment, operation, construction, or development of uses, properties, and structures may be subject to additional permitting and licensing requirements imposed by other sections of this code or applicable local, state, or federal laws. All applicable permits, licenses, or other approvals including, without limitation, building, grading, or other construction permits and business licenses, shall be obtained prior to the start of work or operations. This specifically includes building, grading, or other construction permits and business licenses, and permits/approvals of the Rancho Cucamonga Fire District. (Ord. No. 1000 § 4, 2022)