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