HomeMy WebLinkAbout105-B - Ordinances Withdrawn
March 4, 1981
ORDINANCE NO. 105-B
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING ORDINANCE NO. 105.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
Section 1: Section 2(f) of Ordinance No. 105 is hereby
amended as follows:
"Amount of Park Fees Required. When the requirement of this
code are complied with on the basis of providing park fees, the minimum
amount of fees to be paid shall be computed by using the following formula.
FORMULA:
NSP (L+D) = minimum fee
1,000
WHERE:
N = number of proposed dwelling units.
S = planned park acreage per 1,000 population.
P = population per dwelling unit on a scale and
density set by the responsible public agency.
L = average fair market value of parkland per acre as
determined by the public agency.
D = average cost per acre to develop park as determined
by the public agency.
Section 2: Section 2(h) of Ordinance No. 105 is hereby
amended as follows:
"The City shall fix by Resolution the average fair market
value of parkland per acre as represented by "L" in the Formula contained
in Section 2(f). Further, the City shall fix by Resolution the average
cost per acre to develop parkland represented by "D" in Section 2(f)".
Section 3: All other portions of Ordinance 105 should remain
in full force and effect.
Section 4: The Mayor shall sign this Ordinance and the City
Clerk shall attest to the same, 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 day of , 1981.
AYES:
NOES:
ABSENT:
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ORDINANCE NO. 105-B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING
CHAPTER 16.32 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE RELATING TO PARIS AND RECREATION
LAND, INCLUDING SAVINGS PROVISIONS.
The City Council of the City of Rancho Cucamonga, does ordain as
follows:
SECTION 1: Chapter 16.32 of the Rancho Cucamonga Municipal Code
is hereby amended by amending Section 16.32.010 to read as follows:
"Section 16.32.010. Intent and General Provisions.
"The intent of this chapter is to provide for the
development of park and recreational facilities through
subdivision regulations, in an area where the need for
residential use, shall, as a condition to the approval of a
tentative map, parcel map, planned community, land
development or real estate development, dedicate lands or
pay fees in lieu thereof, or a combination of both, for
neighborhood and community park or recreational purposes.
Land to satisfy dedication requirements shall be conveyed
to the City at the time of recordation of the final map or
parcel map. In lieu fees shall be paid to the City prior
to the issuance of building permits."
SECTION 2. Chapter 16.32 of the Rancho Cucamonga Municipal Code
is hereby amended by adding Subsection J to Section 16.32.020 to read as
follows:
"(J) Notwithstanding any other provisions in this
chapter to the contrary, for tentative maps and parcel maps
approved or conditionally approved after December 31, 1982
the amount of land dedicated or fees paid shall be based
upon the residential density, which shall be determined on
the basis of the approved or conditionally approved
tentative map or parcel map and the average household size
and shall be the proportionate amount necessary to provide
three acres of park area per one thousand persons residing
within such subdivision. For the purposes of applying the
formula found in subsection F of this section to such
subdivisions, S equals three and P shall be the average
size of each class of household within such subdivision.
If any such subdivision contains more than one class of
household, a separate computation using the formula in
subsection F of this section shall be .made for each class
of household within such subdivision and the 'minimum fee'
for the separate calculations shall be added together to
determine the minimum fee for the subdivision as a whole
for the purpose of determining dedication requirements.".
SECTION 3: Chapter 16.32 of the Rancho Cucamonga Municipal Code
is hereby amended by adding Subsection G to Section 16.32
follows: .030 to read as
"(G) Planned developments and real estate
developments as defined in Sections 11003 and 11003.1,
respectively, of the California Business and Professions
Code, shall be eligible to receive a credit, in an amount
determined by resolution of the City Council, against the
ii amount of land required to be dedicated, or the amount of
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Ordinance No. 105-B
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the fee imposed, pursuant to this chapter, for the value of
private open space within the development which is useable
for active recreational uses. This subsection shall apply
only to planned developments and real estate developments
for which tentative maps or parcel maps are approved or
conditionally approved after December 31, 1982. The credit
allowable pursuant to this subsection shall, if applied
for, be in lieu of any other credit allowable under other
provisions of this chapter.".
SECTION 4: Nothwithstanding any other provision of State law or
ordinance or resolution of the City of Rancho Cucamonga, in the event of a
final judicial determination that any fee or dedication requirement imposed by
Chapter 16.32 of the Rancho Cucamonga Municipal Code, either as it existed
prior to the effective date of this ordinance, or as amended by this
ordinance, is in excess of the maximum permitted by State law, such fee or
dedication requirement, or both, shall be deemed reduced to and fixed at the
maximum quantity or amount that the Court determines might have been lawfully
imposed by the City pursuant to an ordinance adopted under the authority of
California Government Code Section 66477.
SECTION 5: The City Council hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional, then all other provisions thereof shall remain in
full force and effect.
SECTION 6: The Mayor shall sign this Ordinance and the City
Clerk shall attest to the same, 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.
PASSED, APPROVED, and ADOPTED this 1st day of December, 1982.
AYES: Dahl, Buquet, Schlosser, Frost, Mikels
NOES: None
ABSENT: None
Jon kels, Mayor
ATTEST:
uren M. Wasserman, City Clerk
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