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HomeMy WebLinkAbout2025-067 - Resolution RESOLUTION NO. 2025-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE LOCATIONS WHERE UTILITY UNDERGROUNDING IS MANDATORY AND THE REGIONS WHERE IN-LIEU UNDERGROUNDING FEES MAY BE SPENT IN ACCORDANCE WITH CHAPTER 17.84 OF THE RANCHO CUCAMONGA MUNICIPAL CODE WHEREAS, Ordinance No. 1045 added Chapter 17.84 to the Rancho Cucamonga Municipal Code in order to establish requirements for undergrounding overhead utility lines for new development and redevelopment projects; and WHEREAS, Section 17.84.020 of the Rancho Cucamonga Municipal Code authorizes developers to pay a fee in lieu of undergrounding overhead utility lines where the City Engineer determines, based on certain findings, that utility undergrounding is impractical; and WHEREAS, Section 17.84.060.B. states that an exemption from the undergrounding requirement may not be approved, and an in-lieu fee is not permitted, in General Plan Focus Areas shown in a resolution approved by the City Council and any specific plan or master plan adopted by the City Council; and WHEREAS, Section 17.84.070 states that any in-lieu fees collected for utility undergrounding must be spent in the region in which the development from which the funds were collected is located, as identified in a map approved by the City Council. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: Section 1. Pursuant to Section 17.84.060.B. of the Rancho Cucamonga Municipal Code, the City Council hereby adopts the map set forth in Exhibit A attached hereto showing the General Plan Focus Areas where an exemption from the utility undergrounding requirement is not applicable. Section 2. Pursuant to Section 17.84.070 of the Rancho Cucamonga Municipal Code, the City Council hereby adopts the map set forth in Exhibit A attached hereto showing the regions in which in-lieu fees may be spent based upon the location of the development that genereted such funds. Section 3. The City Council finds that the establishment of the maps set forth herein is not subject to the California Environmental Quality Act ("CEQA") because it can be seen with certainty that such maps would not have a significant effect on the environment. (Pub. Res. Code Sec. 15061(b)(3)). This is because the maps merely clarify the areas already outlined by the City Council in Ordinance No. 1045 and are not intended to expand or authorize any new development. Section 4. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Resolution would be subsequently declared invalid or unconstitution Section 5. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 2025-067— Page 1 of 2 PASSED, APPROVED, and ADOPTED this 201" day of August, 2025. L. De ichael, ayor ATTEST: in vy ity Clerk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of August, 2025. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 21s'day of August, 2025, at Rancho Cucamonga, California. S , City erk Resolution No. 2025-067— Page 2 of 2 EXHIBIT A Map of Mandatory Utility Undergroundinq Areas And Map of Regions Where In-Lieu Fees May Be Spent , , U d„,,� O A v� en 1 y g . &d $ ,w .,.. is �e" w g,t aR ' q •x ,t ' V l axa 4t 4i "° z r.s ` 'N f# .1 A �� y i '" "4d�XLN 7 q ,<# ` eb.k 3 ' 7 x1t rpiiF �i a M ° 24 4t -t n -7 s: aet .i l , — # i *. t`x W4aa "�° ' — k w1 / I , e -4. CS*"m .,_r' �la ly � a'