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.