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HomeMy WebLinkAbout596 - OrdinancesORDINANCE NO. 596 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 98-01, AMENDING SECTION 17.02.100 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, REGARDING LAPSE OF APPROVALS AND EXTENSIONS. A. RECITALS. 1. On June 10, and continued to July 22, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly-noticed Public Hearing with respect to the above-referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 98-46, 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 Development 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 City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City 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: Section 17,02.100 hereby is amended to read, in words and figures, as follows: Ordinance 596 Page 2 17.02.100 Lapse of Approval and Extensions A. Lal~se of Approvals. Approvals for development review, Conditional Use Permits, Variances, and Minor Deviations Exceptions shall lapse and become void 24 months five years from the approval date, unless a different expiration date is specifically established as a condition of approval and unless one of the following actions occur: 1. A Building Permit is issued in accordance with the approved entitlement and construction is commenced and diligently pursued toward completion; or, 2. A Certificate of Occupancy is issued. Extensions. An extension may bc granted by the City Planner for lapse of approval for projects described in Subsection A of this section. Extensions may bc granted in 12-month increments and not to exceed a total of 4 years from the original date of approval, unless othon/visc provided for by state law. All requests for extensions should bc file, el with the City Planner at least 30 days prior to the expiration date. The City Planner may extend the approval of a project if he finds that there have bec-'n no significant changes in the Land Use Elcmc, nt, Development Code, or other applicable Specific/Community Plan; character of the area within which the project is located; or current planning policy or past practice that would cause the approvccl project to become inconsistent or non-conforming. Also, granting of an extension should not bc detrimental to the safety or wetfare or materially injurious to properties or improvements in the vicinity. If the City Planner finds that there is significant change, the City Planner shall refer the extension to the Planning Commission for consideration. SECTION 4: 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. Ordinance 596 Page 3 SECTION 5: 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. PASSED, APPROVED, AND ADOPTED this 6th day of January, 1999. Alexander, Biane, Curatalo, Williams A'I-!'EST: AYES: NOES: None ABSENT: Dutton ABSTAINED: None 7 k. / William J. ~/e'xander, Mayor Debra J. A MC, City Clerk 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. Adam~/CMC, City Clerk