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HomeMy WebLinkAbout768 - Ordinances ORDINANCE NO. 768 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2006-00576, AMENDING SECTION 17.02.110 PUBLIC HEARINGS AND NOTIFICATION REQUIREMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. On July 5, 2006, the City Council of the City of Rancho Cucamonga declared their intent to amend the public hearing and notification requirements to increase the number of property owners receiving public hearing notices and to increase the amount of time between the mailing of the public hearing notice and when the hearing is conducted. 2. On August 9, 2006, 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. 06-79, recommending that the City Council of the City of Rancho Cucamonga adopt said Amendment. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 3. On September 6, 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development Code Amendment. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does 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: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on September 6, 2006, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies citywide; and b. The proposed amendment will not have a significant impact on the environment; and Ordinance No. 768 Page 2 of 9 c. This amendment does promote the vision of our General Plan to uphold our critical values, including "an ethic of strong citizen involvement in community affairs" by encouraging greater public participation in the public hearing process. SECTION 3: The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061 (b)(3) of the State CEQA Guidelines because it can be seen with certainty this text amendment will not cause a significant effect on the environment. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. SECTION 4: Chapter 17.02, Section 17.02.110 - Public Hearings and Notification is hereby amended to read, in words and figures, as shown in the attached Exhibit "A" (new text is shown in bold and deleted text is shown with strikethrough). SECTION 5: 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 words thereof, regardless of the fact that anyone or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: 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. Please see the following page for formal adoption, certification and signatures Ordinance No. 768 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 20th day of September 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None -vL ATTEST: 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 6th day of September 2006, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20th day September 2006. Executed this 7th day of September 2006, at Rancho Cucamonga, California. Ordinance No. 768 Page 4 of 9 EXHIBIT A 17.02.110 - Public Hearings and Notification A. General. A public hearing shall be held prior to action by the City PlannerPlanning Director, Planning Commission, or City Council in any of the following cases. These public hearings are conducted in order to encourage public participation and discussion. 1. Any change in the text of this title and/or General Plan. 2. Any change in the District Map. 3. As specifically required by State law (i.e., tentative tract and parcel map, conditional use permits, variances). 4. As determined necessary or desirable by the City PlannorPlanning Director, Commission, and/or Council upon the adoption of a resolution setting the time and place for a public hearing. 5. Apartments and/or multi-family projects of four units or more. B. Authoritv to Notice Hearinas. The City PlannerPlanning Director is hereby authorized to advertise and to notice a public hearing as provided in this part for the Planning Commission or City PlannerPlanning Director and the City Clerk for the Council when required by this title or when such hearing is considered desirable or necessary in order to carry out the purpose of this title. C. Notice of Filina. 1. Standard Notice Reauirement. At such time as an application for a project which requires a public hearing before the City PlannerPlanning Director or the Planning Commission is deemed complete for processing, the Gity PlannerPlanning Director shall cause notices to be posted conspicuously on the project site not more than 300 feet apart along project perimeter fronting on improved public streets. Each notice shall contain a general description of the project and a oOJ)Y of any J)roJ)oscd subdi'/isioA maJ3 ar site plan. Such notices shall have the following title in lettering not less than 1 inch in height: "NOTICE OF FILING." 2. Supplemental Notice Reauirements. a. Applicabilitv. In addition to standard requirements, large 4-foot by 8-foot sign or signs shall be required to be posted at the project site for development related projects in anyone of the following circumstances: (1) The proposed development is an infill project with a higher intensity land use than that of the existing neighborhood; or, (2) The proposed infill project requires a General Plan land use amendment; or, (3) The proposed infill project requires an EIR; or, Ordinance No. 768 Page 5 of 9 (4) As determined to be necessary and desirable by the Gity PlannerPlanning Director based on the nature of the proposed project. For large projects, the City PlannerPlanning Director may determine that more than one sign is necessary. The purpose of the supplemental large sign notice requirement is to notify the community and the neighbors in the affected area early in the review process, allowing the applicant and the City the benefit of citizens' comments during the initial stages of project review. If it is determined upon initial submittal that a large, 4-foot by 8-foot notification sign(s) is/are necessary, the applicant shall be notified of required sign bonding fees and sign permit filing requirements within 30 days as part of the City's Notice of Complete Application. A $1300 (five hundred dollare:) cash deposit is required, in an amount adopted by City Council Resolution, to ensure compliance with the supplemental notification requirements including maintenance and removal of the large notification sign. The project application shall not be deemed complete until the large sign is installed and required cash deposit made. b. Sian Criteria/Maintenance. In order to implement the large signs as an effective form of public notification, the following rules and standards shall apply: (1) Sian Size and Specifications. All large sign(s) shall be 4 feet by 8 feet (4' x 8') in size and be constructed to the specifications of Figure 17.02.110-A, below. The specific project information text on the sign shall be provided by the Planning Di...isionDepartment. Ordinance No. 768 Page 6 of 9 8' 6"I NOTICE OF FILING 2"1 File No.: Tract 19876 4"1 PROPOSED DEVELOPMENT OF -127- SINGLE FAMILY HOMES 4' f-- 8 'h"---1 I 14' 1 2" I Applicant: 3"r Ace Developers Public Hearing c:::) 2" I For Information Contact City of Rancho Cucamonga's Planning Division 10500 Civic Center Drive (909) 477-2750 FIGURE 17.02.110-A DESIGN OF LARGE NOTIFICATION SIGN (2) Location and Installation Standards. All large sign(s) shall be installed according to the specifications of Figure 17.02.11 O-B. The large 4-foot by 8-foot signs shall be posted 300 lineal feet apart along the project's street frontage. The location for the sign(s) on the project site shall be dcterminedapproved by the Gity PlannerPlanning Director as part of the Sign Permit. Ordinance No. 768 Page 7 of 9 96" II I t I 101 101 I I I I I I I I I I I I 101 101 I I I I 48" I I I I I I I I I I I I 101 ,0 I I I I I 1211 100" I; I - I- GRADE I I I I - I I I I 36" I I I I I I I I I , FIGURE 17.02.110-B EXAMPLE OF LARGE NOTIFICATION SIGN SPECIFICATIONS (3) TiminQ. All large notification sign(s) shall be installed by the applicant at the project site in accordance with the above criteria. Once the project application is deemed complete and all notification sign(s) installed per City standards, the project will be scheduled for Design and Development Review Committee meetings. (4) Sian Removal and Maintenance. All large sign(s) must be kept adequately maintained and remain in place until the final decision on the application has been made or the application is withdrawn. All large sign(s) shall be removed by the applicant within 14 days of the final decision or date of withdrawal. Failure to remove the sign within the prescribed period may result in forfeiture of the cash deposit and removal of the sign by the City. Ordinance No. 768 Page 8 of 9 D. Notice of Hearina. At least leA15 days before the public hearing of a project requiring a public hearing, the City PlannerPlanning Director shall cause notice of the time and place of the public hearing on the project to be given in the following manner: 1. By publication once in the Inland Vallev Dailv Bulletin, a newspaper of general circulation within the City of Rancho Cucamonga. 2. By mail or delivery to all persons, including businesses, corporations, or other public or private entities shown on the last equalized assessment roll as owning real property within d00660 feet of the property which is the subject of the project. 3. By posting notices conspicuously on the project site not more than 300 feet apart along the project perimeter fronting on improved public streets. Each posted notice shall contain a general description of the project ana a sOJ3Y of any woposed subdivision maJ3 or sito plan. Said posted notices shall have the following title and lettering not less than 1-inch in height: "PLANNING COMMISSION HEARING" or "PUBLIC HEARING." 4. Supplemental Notice Reauirements. Additional public notification beyond the standard 300-foot boundary shall be required for a development related project as determined by the City Planner in anyone of the following circumstances: a. The proposed development is a residential infill project with a higher intensity land use than that of the existing neighborhood; or, b. The proposed residential infill project requires a General Plan land use amendment; or, c. The proposed residential infill project requires an EIR; or, d. As determined to be necessary and desirable by the Gity PlannerPlanning Director based on the nature of the proposed project. In determining the boundaries of the expanded notification area, the following criteria shall be used. a. The expanded area may be directly affected by the proposed project due to proposed or established circulation and drainage patterns, or access, view, grading, or other similar considerations; or b. The expanded area is an integral part of the affected neighborhood or subdivision. If it is determined upon initial submittal that supplemental notification is necessary, the applicant shall be notified, within 30 days as part of the City's Notice of Complete Application, of expanded notification area to be included in the mailings, and shall be required to submit three sets of gummed address labels based on the latest equalized tax assessors rolls for the expanded area. The application shall not be deemed complete until the labels have been submitted. Ordinance No. 768 Page 9 of 9 E. Other Notice Reauirements. Notices required by this section shall be in addition to any other or different notice required by other provisions of this code or by State law, provided, however, that nothing therein shall require separate notices to be given if the same notice will satisfy the requirements of this section and any other applicable section of this code or State law. F. Effect of Failure to Give Notice. No action, inaction, or recommendation regarding any project by the City PlannerPlanning Director, Planning Commission, or City Council shall be held void or invalid or be set aside by any Court by reason of any error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the Court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown. G. Contents of Notices. Any such notice, whether published, mailed, or posted, shall contain the following information: 1. Date and time of hearing; 2. Address and place of the hearing; 3. A general explanation of the matter to be considered; 4. A general description of the property involved; 5. A statement that any interested person is encouraged to appear and either endorse or object to the application in question; 6. A statement as to whom an appeal may be taken and the time limit established for such appeal, if any; 7. A statement that anyone so requesting shall be notified of the action on the application in question; and 8. A statement as to where an individual may review proposed plans and related files. H. Continuance of Hearinas. Any public hearing may be continued from time to time by the body or official conducting the hearing, subject to limitations provided by law; and in such case, no further notice need be given.