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HomeMy WebLinkAbout94-79 - Resolutions RESOLUTION NO. 94-79 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 94-05 AMENDING CHAPTER 17.24, HILLSIDE DEVELOPMENT REGULATIONS, 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 Development Code Amendment No. 94-05, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application. " 2. On the 12th day of October 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 October 12, 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 amendment 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. 94-79 DCA 94-05 - CITY OF RANCHO CUCAMONGA October 12, 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 Development Code Amendment 94-05 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 12TH DAY OF OCTOBER 1994. • PLANNI • I`$�N 0 o NCHO CUCAMONGA At Utikbill BY: I ,_�II �� ____ � Daw ` ! lir ATTEST: alkii/ (LPL Bradrerligrary 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 12th day of October 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, TOLSTOY NOES: COMMISSIONERS: MELCHER ABSENT: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA 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. That the review process should be simplified without compromising the quality of development. b. To create greater efficiency in the process to allow the Planing 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 the conclusion thereof, adopted its Resolution No. 94-79, recommending that the City Council of the City of Rancho Cucamonga adopt these amendments. 3. On , the Council conducted and concluded a duly noticed public hearing concerning the subject amendments to the Development Code. 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: 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, welfare; and more particularly; 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; CITY COUNCIL ORDINANCE NO. DCA 94-05 - CITY OF RANCHO CUCAMONGA October 12, 1994 Page 2 2. To protect the physical, social, and economic stability of commercial, office 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 not 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. City 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 a subject site, or on less steep land which may be affected by areas 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 measured from the natural ground surface. CITY COUNCIL ORDINANCE NO. DCA 94-05 - CITY OF RANCHO CUCAMONGA October 12, 1994 Page 3 3. For excavations 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 Commission Review. 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 measured from the natural ground surface. 3. For excavations 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 alternate 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 of 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 may be referred to the Planning Commission if determined 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. CITY COUNCIL ORDINANCE NO. DCA 94-05 - CITY OF RANCHO CUCAMONGA October 12, 1994 Page 4 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, California, and circulated in the City of Rancho Cucamonga, California.