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HomeMy WebLinkAbout628 - Ordinances ORDINANCE NO. 628 AN ORDINANCE OF THE CITY COUNCIL OF THE RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 00-02, TO CREATE A HILLSIDE OVERLAY DISTRICT ON THE DEVELOPMENT DISTRICTS MAP, AS DEFINED IN DEVELOPMENT CODE CHAPTER 17.24.020. A. RECITALS. 1. On June 14, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly-noticed public hearing with respect to the above-referenced Development District Amendment and, following the conclusion thereof, adopted its Resolution No. 00-52, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On July 19, 2000, the City Council of the City of Rancho Cucamonga conducted and concluded a duly-noticed public hearing concerning the subject amendment to the Development Districts Map. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: SECTION '1: This 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: Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a) That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. Ordinance No. 628 Page 2 of 4 b) That based upon the changes and alterations, which, have been incorporated into the proposed project, no significant adverse environmental effects will occur. c) Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. SECTION3: Development District Amendment No. 00-02 is hereby approved by incorporating the Hillside Overlay District on the Development Districts Map, and by amending Development Code Section 17.24.020 as summarized below, and as shown on Exhibit "A." SECTION 4: If any section, subsection, sentence, clause, pharos, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact, that any one or more sections, subsection, sentence, clause, phrase, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and 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. Ordinance No. 628 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 16th day of August. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: Dutton ABSTAINED: None William J."" "' , Jnder Mayfor ' ATTEST: ~/~ Deb~a~. Adams,CC~C, City Clerk 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 2nd day of August 2000, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 16thday of August 2000. Executed this 17th day of August 2000, at Rancho Cucamonga, California. Deb;'a J. Adams,;15~C, City Clerk Ordinance No. 628 Page 4 of 4 Rancho Cucamonga Development Code Section 17. 24. 020 Section 17.24.020 -Review Procedures AJI projects within the Hillside Overlay District and all properties with an s h;',',;;~c ~c~, ( 8 percent slope or greater-)-, inc ud ng but not lim ted 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 crileria specified in Sealions 17.24.020A, B, and C. A. City Planner Review. The City Planner shall review all site development applicetions and shall impose conditions deemed appropriate when one or more of the following activities are proposed: 1. Natural s~opes 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. 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 percant 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 altemate drainage is provided.) 5. Any other proposal referred to the Planning Commission by the Grading Committee or City Planner. C. Exceptions. Projeds which are limited in scope (e.g., regrading of yard areas, pool/spa construction, additions to existing structures, and/or consbuction 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 flal areas, including, but not limited to, such items as tennis courts or dding rings, shall be reviewed by the City Planner or may be referred to the Planning Commission if determined necessary by the City Planner.