HomeMy WebLinkAbout538 - Ordinances ORDINANCE NO. 538
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING
DEVELOPMENT CODE AMENDMENT NO. 94-05, AMENDING
THE DEVELOPMENT CODE, CHAPTER 17.24, HILLSIDE
DEVELOPMENT REGULATIONS, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. The purpose and intent of this Ordinance is to streamline the review process for individual
single family residences in hillside areas. This Council hereby finds and declares its intent:
a. To simplify the review process without compromising the quality of development.
b. To create greater efficiency in the process to allow the Planning Commission to focus
on broader policy issues.
c. To maintain a process that is timely, fair, and thorough.
2. On October 12, 1994, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing concerning the above-referenced Development code
Amendment, and following conclusion thereof, adopted its Resolution No. 94-79, recommending
that the City Council adopt these amendments.
3. On November 16, 1994, the Council conducted and concluded a duly noticed public
hearing conceming the subject amendments to the Development Code.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does hereby ordain as follows:
SECTION 1: The City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are tree and correct.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby finds that this
amendment is established and adopted to protect and promote public health, safety, morals, comfort,
convenience, and welfare, and more particularly;
1. The implement the goals and objectives of the General Plan and to guide and manage the
future growth of the City in accordance and with such plan;
Ordinance No. 538
Page 2
2. To protect the physical, social, and economic stability of commercial, office, and other land
uses within the City to ensure its orderly and beneficial development;
3. To reduce hazards to the public resulting from the inappropriate location, use, or design
of buildings, and other improvements; and
4. To attain the physical, social, and economic advantages resulting from comprehensive and
orderly land use and resource planning.
SECTION it: The City Council of the City of Rancho Cucamonga hereby finds that the
project has been prepared and reviewed in compliance with the Califomia Environmental Quality
Act of 1970, as amended, and the Guidelines promulgated thereunder; and further, specifically finds
that based upon substantial evidence, it can be seen with certainty that there is no possibility that the
proposed Ordinance will have a significant effect on the environment and therefore, the proposed
Ordinance is exempt; pursuant to State CEQA Guidelines, Section 15061(b)(3).
SECTION 4: Section 17.24.020 is hereby amended to read as follows:
Section 17.24.020 Review Procedures
All projects within a hillside area (8 percent slope or greater), including, but not limited
to, parcel maps, tentative tract maps, and site plans for development review, as well as, General Plan
and Development District Amendments, shall be subject to Grading Committee and Design Review
Committee review, with approval by the City Planner or Planning Commission, in accordance with
the provisions contained in Sections 17.06.010 and 19.04.060. Additionally, review by the Grading
Committee and Design Review Committee, with approval by the City Planner or Planning
Commission, will also be required for other types of development or grading which meet the criteria
specified in Sections 17.24.020A, B, and C.
A. Ci_ty Planner Review. The City Planner shall review all site development applications
and shall impose conditions deemed appropriate when one or more of the following activities are
proposed.
1. Natural slopes which are 8 percent or greater, but less than 15 percent, on all or part
of the subject site, or on less steep land which may be affected by area of greater slope
(e.g., flat parcel between or adjacent to steep hillside).
2. For fills or excavations equal to or exceeding 3 feet but less than 5 feet in vertical
depth at their deepest point as measured from the natural ground surface.
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3. For excavation or fills, or any combination thereof, equal to or exceeding 100 cubic
yards, but less than 1,500 cubic yards.
4. Residential construction involving four or less dwelling units, such as custom homes,
regardless of natural slope or the amount of fill or excavation.
B. Planning CommissionReview. The Planning Commission shall review site
development applications and impose conditions deemed appropriate when one or more
of the following activities are proposed:
1. Natural slopes equal to or greater than 15 percent, on all or part of a subject site.
2. For fills or excavations, .equal to or exceeding 5 feet in vertical depth at their deepest
point as measured from the natural ground surface.
3. For excavation or fills, or any combination thereof, equal to or exceeding 1,500 cubic
yards.
4. Any excavation or fill which will encroach onto or alter a natural drainage channel or
watercourse. (Should be prohibited unless altemate drainage is provided.)
5. Any other proposal referred to the Planning Commission by the Grading Committee
or City Planner.
C. Exceptions. Projects which are limited in scope (e.g., regarding yard areas, pool/spa
construction, additions to existing structures and/or construction of accessory structures
which are less than 250 square feet) may be deferred to staff level review and approval by
the City Planner. However, projects which require grading of large flat areas, including
but not limited to such items as tennis courts or riding rings, shall be reviewed by the City
Planner or the Planning Commission, if deemed necessary by the City Planner.
D. Interpretation of Standards: If ambiguity arises concerning interpretation of the provisions
contained in Sections 17.24.010 through 17.24.090, the City Planner shall review to
determine compliance with the provisions contained within the section or he may refer the
matter to the Planning Commission for consideration.
SECTION 5: Publication. The Mayor shall sign this Ordinance and the City Clerk 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, Califomia, and
circulated in the City of Rancho Cucamonga, California.
Ordinance No. 538
Page 4
PASSED, APPROVED, AND ADOPTED this 7th day of December, 1994.
AYES: A!ex.ander, Gutierrez, Williams
NOES: None
ABSENT: None
ABSTAINED: Curatalo
William .J/ Alexander, Mayor
/
ATTEST:
b ra J. Addr s, C C, City Clerl~
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 November, 1994, and was finally passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of December,
1994.
Executed this 8th day of December, 1994, at Rancho Cucamonga, California.