Loading...
HomeMy WebLinkAbout105-B - Ordinances Withdrawn March 4, 1981 ORDINANCE NO. 105-B AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 105.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: i i I 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 i E Ordinance No. 105-B Page 2 i 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 I