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HomeMy WebLinkAbout28-C - Ordinances ORDINANCE NO. 28-C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SUBDIVISIONS The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Section 16.16.130 of Chapter 16.16 is amended to read as follows: "16.16.130 ADDeals -- By Subdivider. If the subdivider disagrees with any action by the Planning Commission with respect to the tentative subdivision map, he may, within ten (10) days of such decision file an appeal with the City Clerk. The Council shall consider the appeal within thirty (30) days unless the subdivider consents to a continuance. This appeal shall be a hearing with notice to the subdivider and the Planning Commission, and upon conclusion of the hearing, the Council shall, within ten (10) days, declare its findings. The Council may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this title or the State Subdivision Map Act." SECTION 2: Section 16.16.140 of Chapter 16.16 is amended to read as follows: "16.16.140 ApDeal -- By Interested Person~. A. Any member of City Council or City staff or any interested person affected by a decision of the Planning Co~ission, may file a complaint with the City Council concerning such decision. Any such complaint shall be filed with the City Clerk within ten (10) days after the action which is the subject of the complaint. No complaint shall be considered after the ten (10) day period. The City Council shall set the matter for hearing. The hearing shall be held within thirty (30) days after the filing of the complaint pursuant to the procedures contained in Section 16.16.130, with additional notice being given to the affected interested persons. B. Upon conclusion of the hearing, the City Council shall, within ten (10) days, declare its findings based upon the testimony and documents produced before it. It may sustain, modify reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this title." SECTION 3: Section 16.16.150 of Chapter 16.16 is amended to read as follows: "16.16.150 APDeal -- For General Plan and Specific Plan Conformity. Any interested person may appeal any decision of the Planning Commission relative to conformity to the General Plan or any Specific Plan of the City to the City Council within ten (10) days of approval or conditional approval. Such appeal and hearing thereon shall be in accordance with Section 16.16.130." SECTION 4: Section 16.16.160, Subsection A, of Chapter 16.16 is amended to read as follows: "16.16.160 Expiration. A. The approval or conditional approval of a tentative subdivision map shall expire twenty-four (24) months from the date of the adoption of the resolution by the Planning Commission approving or conditionally approving the map. An extension to the expiration date may be approved as provided in Section 16.16.170(B)." Ordinance No. 28-C Page 2 SECTION 5: Section 16.16.170, Subsection C, of Chapter 16.16 is amended to read as follows: "Time Limit of Extension. C. Extensions may be granted for a period or periods not exceeding a total of three years." SECTION 6: Section 16.20.070 of Chapter 16.20 is amended to read as follows: "~6.20.070 ADDeals -- BV Subdivider. If the subdivider disagrees with any action by the Planning Commission with respect to the tentative map, he may, within ten (10) days of the receipt of such decision, appeal such action to the City Council in accordance with Section 16.16.130." SECTION 7: Section 16.20.080 of Chapter 16.20 is amended to read as follows: "16.20.080 ADDeals -- BY Interested Persons Adversely Affecte,]. Any interested person adversely affected by a decision of the Planning Commission with respect to the tentative parcel map may, within ten (10) days of such decision, file an appeal with the City Clerk in accordance with Section 16.16.140." SECTION 8: Section 16.20.090 of Chapter 16.20 is amended to read as follows: "16.20.090 Expiration. The approval or conditional approval of the tentative parcel map shall expire twenty-four (24) months from the date of adoption of the resolution by the Planning Commission approving or conditionally approving the map. The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within such tentative parcel map shall be filed without first processing a new tentative parcel map. SECTION 9: Section 16.20.100, Subsection C, of Chapter 16.20 is amended to read as follows: Time Limit of Extension. C. Extensions may be granted for a period or periods not exceeding a total of three (3) years. SECTION 10. The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect. SECTION 11: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily RePort, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 5th day of July, 1989. AYES: Alexander, Brown, Stout, Wright NOES: None Dennis L. Stout, Mayor Ordinance No. 28-C Page 3 ATTEST: I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, california, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 21st day of June, 1989, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the Sth day of July, 1989. Executed this 6th day of July, 1989 at Rancho Cucamonga, California.