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HomeMy WebLinkAbout98-46 - Resolutions RESOLUTION NO. 98-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 98-01 PERTAINING TO THE LAPSE OF APPROVAL AND EXTENSIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. I. 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 the 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 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. 98-46 DCA 98-01 - 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 Development 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 JUNE 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA . ' l BY: AIIa E. Da�!'r�'�1i man ATTEST' date Brad cu er, Secr- " 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, APPROVING DEVELOPMENT CODE AMENDMENT 98-01, AMENDING SECTION 17.02.100 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING LAPSE OF APPROVALS AND EXTENSIONS. 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 Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 98- , 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 17.02.100 hereby is amended to read, in words and figures, as follows: A. Lapse of Approvals. Approvals for Development Review, Conditional Use Permits, Variances, and Minor deviations Exceptions shall lapse and become void nt; s five years from the approval date, unless a different expiration date is specifically established as a condition of approval and unless one of the following actions occur: 1. A building permit is issued in accordance with the approved entitlement and construction is commenced and diligently pursued toward completion; or, 2. A Certificate of Occupancy is issued. CITY COUNCIL ORDINANCE NO. DCA 98-01 - CITY OF RC Page 2 C. Extensions. An cxtcnsion may be granted by the City Planner for lapse of approval for projects dc3cribcd in subsection A of thio scetion. Extcnaiona may be granted in 12 conforming. Also, granting of an extension should not be detrimental to the safety or Planner finds that there is significant change, the City Planner shall refer the cxtcnsion to the Planning Commission for consideration.