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HomeMy WebLinkAbout98-45 - Resolutions RESOLUTION NO. 98-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF A MUNICIPAL CODE AMENDMENT PERTAINING TO THE EXTENSION OF SUBDIVISION MAPS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for the Amendment described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On June 10, and continued to July 22, 1998, 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 10, and continued to July 22, 1998, 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. 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. This amendment promotes the goals and objectives of the Development Code; and c. 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 PLANNING COMMISSION RESOLUTION NO. 98-45 MAP EXT. - CITY OF RC July 22, 1998 Page 2 d. The subject application is consistent with the objectives of the Development Code; and e. The proposed amendment is in conformance with The General Plan. 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 recommends of Municipal Code Amendment No. 98-01 shown in the Ordinance attached hereto. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF JULY 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: � tr. . •avid Barker, a airman ATTEST: `iair / Brad :_ r Secr-rfir 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 22nd day of July, 1998, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING EXTENSION OF SUBDIVISION MAPS. A. Recitals. 1. On June 10, and continued to July 22, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly-noticed public hearing with respect to the above-referenced Municipal Code Amendment and, following the conclusion thereof, adopted its Resolution No. , recommending that the City Council of the City of Rancho Cucamogna adopt said amendment. 2. On , 1998, the City Council of the City of Rancho Cucamonga conducted and concluded a duly-noticed public hearing concerning the subject amendment to the Development Code. 3. 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 Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council hereby finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. SECTION 3: Section 16.16.160 is hereby is amended to read, in words and figures, as follows: 16.16.160 Expiration. A. The approval or conditional approval of a tentative subdivision map shall expire three years months from the date of the adoption of the Resolution by the Planning Commission approving or conditionally approving the map. An extension to the expiration date may be approved as provided in Section 16.16.1700). B. Expiration of an approved or conditionally approved Tentative Map shall terminate all proceedings and no final map or parcel of all or any portion of the real property included within such Tentative Map shall be filed without first processing a new CITY COUNCIL ORDINANCE NO. MAP EXT. - CITY OF RC Page 2 Tentative Map. (Ordinance 28-C, Section 4, 1989; Ordinance 28-B, Section 1.401.11.1, 1981). SECTION 4: Section 16.16.170 is hereby amended to read in words and figures, as follows and all subsequent Sections renumbered accordingly. 16.16.170 Extensions. A. Request by Subdivider. The Subdivider or his representative may request an extension of the expiration date of the approved or conditionally approved Tentative Subdivision Map by written application to the Community Development Department. The application shall be filed not less than sixty days before the map is to expire, and shall state the reasons for requesting the extension. 13. City Planner Action. The City Planner may extend the approval of a Tentative Plan Land Usc Element, Development code or other applicable B. Planning Commission Action. All time extension requests shall be processed in the same manner as original tentative subdivision map in accordance with Chapter 16.16. C. Time Limit of Extension. Extensions may be granted for a period or periods not exceeding a total of three two years. • 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. E. Appeal of Extension. The subdivider may appeal in writing any action of theGity - - - - - - - _ - -•-: _: - - - - th _ - • _ : e Planning Commission to the City Council, within fifteen days•of such action in conformance to Section 16.16.130. F. Fee. The fee for processing an extension shall be pursuant to the City's Master Fee Resolution. G. Findings. The granting of an extension shall require the Planning Commission to make all of the findings in accordance with Section 16.16.100. City's current General Plan, specific plans, ordinancc3, piano, codes and pelieiest CITY COUNCIL ORDINANCE NO. MAP EXT. - CITY OF RC _ Page 3 • .. safety-problem; 4. The extcnsion is within the time limit3 prc3cribcd by State law and local ordinance. .. _ - _ Ordinance 233, Section 1, 1084; Ordinance 28 B, Section 1.401.11.2, 1081). SECTION 5: Section 16.20.090 is hereby amended to read, in words and figures, as follows: 16.20.090 Expiration. The approval or conditional approval of the Tentative Parcel Map shall expire three years from the date of adoption of the Resolution by the Planning Commission approving or conditionally approving the map. The expiration of the approved or conditionally approved Tentative Parcel Map shall terminate all proceedings and no Parcel Map of all or any portion of the real property included within such Tentative Parcel Map shall be filed without first processing a new Tentative Parcel Map. (Ordinance 28-C, Section 8, 1989; Ordinance 28-B, Section 1.501.8; 1981). SECTION 6: Section 16.20.100 is hereby - a- = -; - -; - - • -- - - • - - - - - - - amended to read in words and figures, as follows and all subsequent sections renumbered accordingly. 16.20.100 Extensions. A. Request by Subdivider. The Subdivider or his representative may request an extension of the expiration date of the approved or conditionally approved Tentative Map by written application to the Community Development Director. The application shall be filed not less than sixty days prior to the expiration date and shall state the reasons for requesting the extension. Parcel Map if he finds that there has been no aignificant'change3 in the Ccncrel consideration - - - - B. Planning Commission Action. All time extension requests shall be processed in the same manner as original tentative parcel map in accordance with Chapter 16.20. CITY COUNCIL ORDINANCE NO. MAP EXT. - CITY OF RC Page 4 C. Time Limit of Extension. Extensions may be granted for a period or periods not exceeding a total of three two years. D. Conditions of Approval. As a condition of the extension of a Tentative Parcel Map, after conducting a public hearing, theCity-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 May Act shall apply. E. Appeal of Extension. The Subdivider may appeal in writing any action of theGity - - ' : - - Planning Commission to the City Council, within fifteen days of such action in conformance to Section 16.16.130. F. Fee. The fee for processing an extension shall be pursuant to the City's Master Fee Resolution. (Ordinance 534, § 8--10, 1994; Ord. 28-C §9, 1989; Ord. 28-B § 1.501.8.2, 1981). G. Findings. The granting of an extension shall require The Planning Commission to make all of the findings in accordance with Section 16.20.060.