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Home My WebLink About595 - OrdinancesORDINANCE NO. 595 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE EXTENSION OF SUBDIVISION MAPS. A. RECITALS. 1. On June 10, and continued to July 22, 1998, the Planning Commission of the City of Rancho Cucamonga conducted duly-noticed Public Hearings with respect to the above-referenced Municipal Code Amendment and, following the conclusion thereof, adopted its Resolution No. 98-45, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On December 16, 1998, the City Council of the City of Rancho Cucamonga conducted and concluded a duly-noticed Public Hearing concerning the subject amendment to the Municipal Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This Council hereby finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. SECTION 3: 16.16.160 - A. Section 16.16.160.A. is hereby is amended to read, in words and figures, as follows: Expiration. The approval or conditional approval of a Tentative Subdivision Map shall expire three years twonty four 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 595 Page 2 SECTION 4: Section 16.16.170 is hereby amended to read in words and figures, as follows: 16.16.17'0 - Extensions. A. Request by Subdivider. The Subdivider or his representative may request an extension of the expiration date of the approved or conditionally approved Tentative Subdivision Map by written application to the Community Development Department. The application shall be filed not less than sixty days before the map is to expire, and shall state the reasons for requesting the extension. D. City Planner Action. Thc City Plannc.r may cxtond thc approval of a Tcntativc Tract Map if hc finds that thcrc has bocn no significant changcs in thc Coooral Plan Land Usc Elcmoot, Dcvclopmcnt Codc or othcr applicablc Spocific/Community Plan, charactor of thc aroa within which thc map is Iocatcd, or curroot planning policy or past practicc that would cause thc approvcd map to bccomc inconsistoot or non-confon-ning. If thc City Plannor finds that thorc is significant changc, thc City Plannor shall rcfor thc cxtoosion roqucst to thc Planning Commission for considcration. B. Planning Commission Action. All time extension requests shall be processed in the same manner as the original Tentative Subdivision Map in accordance with Chapter 16.16. C. Time Limit of Extension. Extensions may be granted in twelve month increments for a period orporiods not exceeding a total of f-brae five years D. Conditions of Approval. As a condition of the extension of a Tentative Tract Map, after conducting a Public Hearing, the City Plannor or Planning Commission may impose new conditions or revise existing conditions on the approved Tentative Map as they find necessary. All Public Hearing Notice requirements of the State Subdivision Map Act shall apply. E. Appeal of Extension. The Subdivider may appeal in writing any action of the City Ptanncrto thc Planning Commission, or any action of thc Planning Commission to the City Council, within fifteen days of such action in conformance to Section 16.16.130. F. Fee. The fee for processing an extension shall be pursuant to the City's Fee Resolution. G. Findings. The granting of an extension shall require the Planning Commission to make all of the findings in accordance with Section 16.16.100. aft of thc fofiowing findings to bc madc by thc approving body: 1. Thc prcviously approvod Tontativc Map is in substantial compliancc with thc City's current Goncral Plan, Spocific Plans, Ordinanccs, plans, codcs and poficics; 2. Thc extoosion of thc Tootativc Map will not causc significant inconsistcncics with thc currcnt Gcncral Plan, Spccific Plans, Ordinanccs, plans. codcs and poficics; Ordinance 595 Page 3 3. The extension of thc Tentative Map is not likely to cause public health and safety problems; 4. Thc cxtcnsion is within thc timc limits prcscribcd by Statc law and local ordinancc. Unlcss aft ofthc above findings arc madc by thc approving body, thc rcqucstcd cxtcnsion shall bc denied. SECTION 5: Section 16.20.090 is hereby amended to read, in words and figures, as follows: 16.20.090 - Expiration. The approval or conditional approval of the Tentative Parcel Map shall expire three years twenty-four 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 6: 16.20.100 A. Section 16.20.100 is hereby amended to read in words and figures, as follows: Extensions. Request by Subdivider. The Subdivider or his representative may request an extension of the expiration date of the approved or conditionally approved Tentative Map by written application to the Community Development Director. The application shall be filed not less than sixty days prior to the expiration date and shall state the reasons for requesting the extension. B. City Engineer Action. Thc City Engineer may cxtend thc approval of a Tentative Parcel Map if he finds that there has bc~?n no significant changcs in thc Genera/ Nan Land Usc Element, Development Codc or other applicab/c Specific/Community P/an, character of thc area within which the map is located, or current planning policy or past practicc that would cause thc approved map to bccomc inconsistcnt or non-conforming. If thc City Engineer finds that thcrc is significant changc, thc City Enginecr shaft refcr the cxtension requcst to thc Planning Commission for consideration. B. Planning Commission Action. All time extension requests shall be processed in the same manner as original Tentative Parcel Map in accordance with Chapter 16.20. C. Time Limit of Extension. Extensions may be granted for a period or periods not exceeding a total of f-/'free two years. Ordinance 595 Page 4 D. Conditions of Approval. As a condition of the extension of a Tentative Parcel Map, after conducting a Public Hearing, the City Enginoor or Planning Commission may impose new conditions or revise existing conditions on the approved Tentative Parcel Map as they find necessary. All Public Hearing Notice requirements of the State Subdivision Map Act shall apply. E. Appeal of Extension. The Subdivider may appeal in writing any action of the City Engineor to thc Planning Commission or any action of thc Planning Commission to the City Council, within fifteen days of such action in conformance to Section 16.16.130. F. Fee. The fee for processing an extension shall be pursuant to the City's Fee Resolution. G. Findings. The granting of an extension shall require the Planning Commission to make all of the findings in accordance with Section 16.20.060. SECTION 7: 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. SECTION 8: 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. Ordinance 595 Page 5 PASSED, APPROVED, AND ADOPTED this 6th day of January, 1999. AYES: NOES: Williams ABSENT: Dutton ABSTAINED: None ATTEST: D~'bra J. Ad~s, CMC, City Clerk Alexander, Biane, Curatalo William J. Al~:ander, Mayor I, DEBRA J. ADAMS, 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 16th day of December, 1998, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of January, 1999. Executed this 7th day of January, 1999, at Rancho Cucamonga, California. Debra J. Adams~MC, City Clerk