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HomeMy WebLinkAbout98-75 - Resolutions RESOLUTION NO. 98-75 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT NO. 98-02, AMENDING SECTION 17.08.030, PERTAINING TO SECOND DWELLING UNIT REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 98-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On June 10, and continued to July 8, August 12, September 9, September 23, and October 14, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on the latter date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The amendment is warranted in order to be in compliance with State law. b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. That the proposed amendment promotes the goals and objectives of the Development Code; and c. That the proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. That the proposed amendment is in conformance with the City's General Plan. 4. This Commission hereby finds that the proposed amendment has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and PLANNING COMMISSION RESOLUTION NO. 98-75 DCA 98-02 - CITY OF RANCHO CUCAMONGA October 14, 1998 Page 2 the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 21080.17. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment 98-02 as shown in the Ordinance attached hereto. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF OCTOBER 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: _��.�-. _ �� / ✓ Larry T. McNiel, Chairman I ATTEST: it r,W I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of October 1998, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT NO. 98-02, AMENDING SECTION 17.08.030 PERTAINING TO SECOND DWELLING UNIT REGULATIONS,AND MAKING FINDINGS IN SUPPORT THEREOF • A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 98-02, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Code Amendment is referred to as "the application." 2. On June 10, and continued to July 8, August 12, September 9, September 23, and October 14, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on the latter date. 3. On , the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on , including written and oral staff reports,together with public testimony, this Council hereby specifically finds as follows: a. The proposed amendment is warranted in order to be in compliance with State law. b. The proposed amendment will not have a significant impact on the environment. c. The proposed amendment promotes the goals and objectives of the Development Code. d. The proposed amendment is in conformance with the General Plan. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed amendment does not conflict with the Land Use Policies of the General Plan and will provide for development in a manner consistent with the General Plan and related development; and b. The proposed amendment promotes the goals and objectives of the Development Code; and CITY COUNCIL ORDINANCE NO. DCA 98-02 - CITY OF RANCHO CUCAMONGA Page 2 c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The proposed amendment is in conformance with the General Plan. 4. This Council hereby finds that the proposed amendment has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended,and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 21080.17. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves Development Code Amendment No. 98-02, amending Section 17.08.030.E.6.d. & f. to read as follows: "d. The unit doc3 not cxcccd 640 squarc fcct. The unit shall not exceed 640 square feet if the parcel is less than 20,000 square feet; if greater than 20,000 square feet, the second unit can exceed 640 square feet but may not be greater than 950 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement), Lot size: A second dwelling unit may be established on a lot or parcel of land having a minimum of 10,000 square feet. Height: A detached second dwelling unit shall be limited to one story, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling unit. f. The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit. Temporary removable units shall provide one off- street parking space." 6. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is,for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California.