Loading...
HomeMy WebLinkAbout771 - Ordinances ORDINANCE NO. 771 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2006-00690, AMENDING SECTION 17.08.030.E.2.b LOCATION OF ANIMALS, AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. On September 13, 2006, the Planning Commission 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 when the public hearing is noticed and when the hearing is conducted. 2. On October 11, 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. 06-89, recommending that the City Council of the City of Rancho Cucamonga adopt the said Amendment. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 3. On November 15, 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 date, 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 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. Ordinance No. 771 Page 2 of 3 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 that 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 staff's determination of exemption. SECTION 4: Chapter 17.02, Section 17.02.140 - Definitions, the definition for the Accessory Structure is amended to read, in words and figures, as follows (new text is shown in bold): b. Location of Animals. All animals, excluding household pets, shall be kept a minimum distance of 70 feet from any adjacent primary dwelling, school, hospital or church located on any adjoining site. The location of corrals, fenced enclosures, barns, stables or other enclosures used to confine horses shall conform to this requirement. This setback shall not apply from any adjacent guest house or second dwelling unit. 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 Vallev Dailv 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 'oHowing page for formal adoption, certification and signatures Ordinance No 771 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 6`h day of December 2006 AYES. Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None J Kurth, M ATTEST: ,(,L(k v Debra J Ada ,CMC, 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 15`h day of November 2006, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 6`h day December 2006 Executed this 7`h day of December 2006, at Rancho Cucamonga, California C~ Debra J Ada ,CMC, City Clerk