HomeMy WebLinkAbout58-C - Ordinances ORDINANCE NO. 58-C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADDING SECTION 12.08.055 TO THE
RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN
EXEMPTION FOR PRIVATE STREETS FROM STREET DEDICATION AND
CONSTRUCTION REQUIREMENTS
The City Council of the City of Rancho Cucamonga does hereby ordain
as follows:
SECTION 1: Chapter 12.08 of the Rancho Cucamonga Municipal Code is
hereby amended by adding thereto a new Section 12.08.055, to be read, in words
and figures, as follows:
"12.08.055 Construction of Public Improvements - Exemption of
Private Streets.
A. The provisions of Chapter 12.08 shall not apply to private
residential streets as follows:
"(1) Those private residential streets permitted to be
established by the City of Rancho Cuca~onga pursuant to Subdivision
Ordinance and/or Development Code procedures; and
"(2) Those private residential streets which have been
specifically exempted by resolution of the City Council.
"B. Exemption of Private Streets - Procedure. The City Council,
upon the filing of an Application Petition and following a noticed public
hearing, may adopt a resolution designating a private residential street,
or a portion thereof, exempt from the provisions of Chapter 12.08.
"(1) Definitions:
"(a) 'Private Residential Street' shall mean a private
street in a residential area established as private, or for
which offers of dedication were not requested, pursuant to the
pre-incorporation San Bernardino County subdivision/
development procedures.
"(b) 'Application Petition' shall mean a petition
bearing the names and addresses of property owners
representing, at minimum, sixty percent (60%) of the
properties fronting on the private residential street proposed
for exemption. The Application Petition shall contain, or
have attached thereto: the name of the street and description
(in words or by map depiction) of that portion of the private
residential street proposed for exemption; a map depicting the
street addresses and approximate locations of those property
owners signing the application petition; and, a vicinity map
showing the approximate location of the private residential
. street in relation to existing surrounding streets to a
distance of approximately one-half mile.
"(2) Procedures - Notice and Heaping. The Application Petition
shall be filed with the City Clerk of the City of Rancho Cucamonga
together with payment of appropriate fees. Upon receipt of the
Application Petition, the City Clerk shall schedule the matter for a
public hearing before the City Council occurring at a regular meeting no
later than sixty (60) days following the filing of the Application
Petition. Notice of the public hearing shall be provided in accordance
with the provisions of Section 17.02.110 of the Rancho Cucamonga Municipal
Code.
"(3) Requirements:
"(a) The traffic flow on the private residential street shall
consist primarily of the ingress and egress of the residents along
such street and their guests, without customary usage by non-
residents as a route of passage;
Ordinance No. 58-C
Page 2
"(b) The proposed private residential street shall intersect
with no more than two (2) existing or proposed public streets; and
"(c) Sufficient off-site and on-site parking, in conformity
with the requirements of the Development Code, shall be provided.
"(4) Findinqs - The City Council shall approve the private
residential street exemption request if, based upon substantial evidence
presented at the public hearing, the Council finds all of the following:
"(a} The private residential street is in conformity with the
General Plan;
"(b) The private residential street meets all of the
requirements set forth in this Section; and
"(c) The exemption of the private residential street will not
adversely affect the health, safety or welfare of those persons and
properties adjacent to, and in the vicinity of, such street.
"(5) Vacation. In the event one or more offers of dedication have
previously been accepted on the proposed private residential street, no
resolution adopted pursuant to the terms and provisions of this section
shall be effective until all such dedicated property is vacated and
abandoned and such abandoned wight-of-way is sold to, and accepted by the
owners of those properties which originally offered such dedication. For
the purpose of this section, the sale price of such abandoned and excess
right-of-way will be one dollar ($1.00) plus all costs of transfer,
provided, however, that said costs of transfer may be waived by the Cit~
Council on a case-by-case basis.
"(6) Conditions. In adopting any such resolution, the City Council
may impose any reasonable conditions deemed necessary by the City Engineer
to protect the health, welfare and safety of those persons and properties
in and around the private residential street.
"(7) Fees. The City Council may, by resolution, establish a fee
to recover the costs involved in the review and processing of the
Application Petition.
SECTION 2: The City Council declares that, should any provision,
section, paragraph, sentence or word of this Ordinance be rendered or declared
invalid by any final court action in a court of competent Jurisdiction, or by
reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences, and words of this Ordinance shall remain in full force
and effect.
SECTION 3: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its passage
at least once in The Daily Report, a newspaper of general circulation published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 5th day of July, 1989.
AYES: Alexander, Brown, Stout, Wright
NOES: None
Dennis L. Stout, Mayor
ATTEST:
Ordinance No. 58-C
Page 3
I, BEVERLY A. AUTHELET, 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 21st
day of June, 1989, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the 5th day of July, 1989.
Executed this 6th day of July, 1989 at Rancho Cucamonga, California.
B~e~ly A. A~thelet, city'~lerk