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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. Ordinance No. 538 Page 3 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.