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HomeMy WebLinkAbout18 - Ordinances ORDINANCE NO. 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING INTERIM DEVELOPMENT REVIEW PROCEDURES FOR SUBDIVISION APPLICATIONS, AND DECLARING THE URGENCY THEREOF. The City Council of the City of Rancho Cucamonga, California, do~TM ordain as follows: SECTION 1: Definitions. For the purposes of this Ordinance, the following words and phrases are defined as follows: (1) "Subdivision application" includes a tentative map, a parcel map, a minor subdivision plot plan or application therefore, and any other application for land division. (2) "Proposed development" refers to the type of structures proposed to be constructed within the area shown on a sub- division application, and the proposed uses thereof. SECTION 2: Exemptions. The provisions of this Ordinance, except the provisions of Section 6, shall not apply in the following cases: (1) The proposed development is for commercial uses. The proposed development is for industrial uses. <3) The proposed development is a school. <4) The proposed development is a church. (5) The proposed development is for public uses. (6) The proposed development is single-family residential, the subdivision application is for one (1) or two (2) parcels, and both of the following conditions are met: (a) No land division affecting any of the property shown on the subidvision application has occurred in the two (2)-year period preceding the filing of the subdivision application. (b) Within the preceding two (2) years the applicant has not filed any other subdivision application which is still pending or for which final approval has been obtained. SECTION 3: Filin8 of Subdivision Applications. No subdivision application shall be accepted for filing unless both of the following titions are met: (1) It is accompanied by a written communication from the Cucamonga County Water District which states that adequate water line and water storage capacity exists or will exist to serve the proposed development at the time of occupancy. (2) It is accompanied by a written communication from the Cucamonga County Water District which states that an adequate sewage collection system and sewage plant capacity exists or will exist to serve the proposed development at the time of occupancy, or it shall be accompanied by a written communication from the Santa Ana Regional Water Quality Control Board which states that the proposed development, because of the type, location or size of lots, will not require connection to a sewer collection system. Ordinance No. 18 Ordinance No. 18 Page 2 Page 2 SECTION 4: Conditions of Approval of Subdivision Applications. The provisions in this section shall apply to subdivision applications which are now on file or which are hereafter accepted for filing by the City. (1) Reports. The Planning Director, in cooperation with the City Engineer, shall prepare a report, which report may be combined with any other report required or permitted in connection with the subdivision application, which report shall contain, but need not be limited to, the following: (a) A statement that within eighteen (18) months after occupancy, there will be adequate facilities, according to State standards, to service the projected elementary and high school population from the proposed development, or, alternatively, a statement of the reasons why school facilities will not then be adequate. (b) A statement that there will be adequate fire protection services for the proposed development by the time of application for building permits, or, alternatively, a statement of the reasons why adequate fire protection services will not then be available. (c) A statement detailing the traffic impact of the proposed development, which statement shall include reference to any traffic problem which would be alleviated by the proposed development. (d) A statement that the proposed development will be reasonably protected from one hundred (lO0)-year floods by the time of application for building permits, or, alternatively,a statement of the reasons why the proposed development will not then be adequately protected from one hundred (lO0)-year floods. (e) A statement that electricity and telephone service will be available at the time of occupancy, or, alternatively, a statement of the reasons why electricity and telephone service will not then be available. (2) Findings Required. No subdivision application shall be approved or conditionally approved by the advisory agency until the advisory agency makes all the following findings: (a) That there will be adequate facilities according to State standards to service the projected elementary and high school population from the proposed development within eighteen (18) months after occupancy. (b) That by the time of occupancy, traffic orig- inating from the proposed development will not cause a serious traffic circulation problem. (c) That by the time of application for building permits, the proposed development will be reasonably protected from one hundred (100)-year floods. (d) That by the time of application for building permits, adequate fire protection services will be available to the proposed development. (e) That by the time of occupancy, electricity and telephone service will be available to the proposed development. (f) That by the time of occupancy, adequate water line and water storage capacity will exist to serve the proposed development. (g) That by the time of occupancy, an adequate sewer collection system and an adequate sewer treatment plant capacity will exist to serve the proposed development, or, alternatively, that no connection to a sewer collection system is required. SECTION 5: No final map or other map permitted to be recorded by the Subdivision Map Act shall be approved prior to receipt by the City of the following: (1) A written communication from the Cucamonga County Water District which states that water capacity for that project has been Ordinance No. 18 Page ~ reserved for a minimum period of one (1) year. (2) A written communication from the Cucamonga County Water District, if sewers are required, which states that sewer capacity has been reserved for that project for a minimum period of one (1) year. SECTION 6: Grading Permits. No grading permit shall be issued for a proposed development until either: (1) A final map or other map permitted to be recorded by the Subdivision Map Act has been recorded; or, (2) Proceedings to waive the requirement of a parcel map have been completed. SECTION 7: Severability. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, or portions thereof, may be declared invalid or unconstitutional. If for any reason any portion of this Ordinance shall be declared invalid or unconstitutional, then all other provisions thereof shall remain valid and enforceable. SECTION 8: Finding of Urgency. The City Council finds that: (1) The City is experiencing rapid residential growth which has placed pressure on various public services, including water supply, sewer treatment, other public utilities, the public street system and schools. (2) The study of growth and related service impacts has revealed that problems occur when development is approved without assurances that critical services will be available at the time of occupancy and that certain other services will be available within a reasonable period of time from the date of occupancy. (3) There is an immediate need to adopt interim review procedures and other short and long-term actions for the City in order to coordinate the timing and location of new development with the provision of public services in accordance with good planning principles. SECTION 9: Effect on Other Laws. All requirements imposed by, and all approvals required by, the provisions of this Ordinance shall be in addition to and are not intended to replace requirements imposed by, or approvals required by, the Subdivision Map Act or any other applicable Federal or State law or ordinance. SECTION 10: Declaration of Urgency. This Ordinance is herebv declared an urgency measure necessary for the immediate protection and preservation of the public peace, health, safety and welfare for the reasons stated in Section 8 hereof, and shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 29th day of March, 1978. AYES: Mikels, Palombo, Schlosser, Frost NOES: None ABSENT: West Mayor Rancho Cucamonga ATTEST: