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HomeMy WebLinkAbout94-56 - Resolutions RESOLUTION NO. 94-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF SUBDIVISION ORDINANCE AMENDMENT 94-01, AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Subdivision Ordinance Amendment No. 94-01, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Subdivision Ordinance Amendment is referred to as "the application. " 2. On the 8th day of June 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on June 8, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendments will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and b. That the proposed amendment is consistent with the objectives of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 94-56 SUBDIV. ORD. AMEND. 94-01 - CITY OF R.C. June 8, 1994 Page 2 c. That the proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. That the proposed amendment will not be detrimental to the objectives of the General Plan or the Development Code. 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California 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 amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061 (b) (3) . 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves as follows: a. That the Planning Commission of the City of Rancho Cucamonga hereby recommends approval of Subdivision Ordinance Amendment 94-01 to modify the Municipal Code per the attached Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994. PLANNIN 'MMISSION OF TH 'CITY OF RANCHO CUCAMONGA / ,.� .' BY: ���/CIA_! _ , E. - -irman ATTEST: 4fi�rf►i .i%� Bra.��- er, -Wry I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of June 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE, TITLE 16, SUBDIVISION ORDINANCE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The purpose and intent of this Ordinance is to streamline the review process for subdivisions. The Subdivision Ordinance of the City of Rancho Cucamonga currently provides regulations for the subdividing of land and the review of tentative subdivision maps and tentative parcel maps. Prior to the adoption of this Ordinance, this Council had available and reviewed a detailed study prepared by a consultant with respect to the development review process. The general summary of the study is that the customers (subdividers, developers, etc. ) are concerned with the length of time required to complete the process. This Council hereby finds and declares its intent: a. That the review process should be simplified without compromising the quality of the 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 June 8, 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the above- referenced amendment and, following the conclusion thereof, adopted its Resolution No. 94-56, recommending that the City Council adopt these amendments. 3. On , 19_, the City Council conducted and concluded a duly noticed public hearing concerning the subject amendments to the Subdivision Ordinance. 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 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 true 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 the public health, safety, morals, comfort, convenience, and welfare; and more particularly: CITY COUNCIL ORDINANCE NO. SUBDIVISION ORDINANCE - CITY OF RANCHO CUCAMONGA Page 2 1. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; 2. To protect the physical, social, and economic stability of residential and other land uses within the City to assure 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 3: The City Council of the City of Rancho Cucamonga hereby finds that the project has been prepared and reviewed in compliance with the California 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 16.16.170, Subsection B, is hereby deleted in its entirety and replaced to read as follows: B. City Planner Action. The City Planner may extend the approval of a tentative tract map if he finds that there has been no significant changes in the General Plan Land Use Element, Development Code or other applicable specific/community plan, character of the area within which the map is located, or current planning policy or past practice that would cause the approved map to become inconsistent or non-conforming. If the City Planner finds that there is significant change, the City Planner shall refer the extension request to the Planning Commission for consideration. SECTION 5: Section 16.16.170, Subsection D, is hereby deleted it its entirety and replaced to read as follows: D. Conditions of Approval. As a condition of the extension of a tentative tract map, after conducting a public hearing, the City Planner or Planning Commission may impose new conditions or revise existing conditions on the approved tentative map as they find necessary. All public hearing notice requirements of the State Subdivision Map Act shall apply. CITY COUNCIL ORDINANCE NO. SUBDIVISION ORDINANCE - CITY OF RANCHO CUCAMONGA Page 3 SECTION 6: Section 16.16.170, Subsection E, is hereby deleted in its entirety and replaced to read as follows: E. Appeal of Extension. The subdivider may appeal in writing any action of the City Planner to the Planning Commission, or any action of the Planning Commission to the City Council, within fifteen (15) days of such action in conformance to Section 16.16.130. SECTION 7: Section 16. 16.170, Subsection G, is hereby amended to read as follows: G. Findings. TN# ¢00Ab44950 f#j 044 ###% # Yt00 0;4000450 t## 06 #t#tl#0 x00Xfltf0 O## #dX 000 IS ¢#0 ono The granting of an extension shall require all of the following findings to be made by the approving body: 1. The previously approved tentative map is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes and policies; 2. The extension of the tentative map will not cause significant inconsistencies with the current general plan, specific plans, ordinances, plans, codes and policies: 3. The extension of the tentative map is not likely to cause public health and safety problems; 4. The extension is within the time limits prescribed by State law and local ordinance. Unless all of the above findings are made by the 0$#400t00 approving body, the requested extension shall be denied. SECTION 8: Section 16.20. 100, Subsection B, is hereby deleted in its entirety and replaced to read as follows: B. City Engineer Action. The City Engineer may extend the approval of a tentative parcel map if he finds that there has been no significant changes in the General Plan Land Use Element, Development Code or other applicable specific/community plan, character of the area within which the map is located, or current planning policy or past practice that would CITY COUNCIL ORDINANCE NO. SUBDIVISION ORDINANCE - CITY OF RANCHO CUCAMONGA Page 4 cause the approved map to become inconsistent or non-conforming. If the City Engineer finds that there is significant change, the City Engineer shall refer the extension request to the Planning Commission for consideration. SECTION 9: Section 16.20.100, Subsection D, is hereby deleted in its entirety and replaced to read as follows: D. Conditions of Approval. As a condition of the extension of a tentative parcel map, after conducting a public hearing, the City Engineer or Planning Commission may impose new conditions or revise existing conditions on the approved tentative parcel map as they find necessary. All public hearing notice requirements of the State Subdivision Map Act shall apply. SECTION 10: Section 16.20.100, Subsection E, is hereby deleted in its entirety and replaced to read as follows: E. Appeal of Extension. The subdivider may appeal in writing any action of the City Engineer to the Planning Commission or any action of the Planning Commission to the City Council, within fifteen (15) days of such action in conformance to Section 16.16.130. SECTION 11: The City Council declares that, should any provision, section, paragraph, sentence, or work of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.