HomeMy WebLinkAbout865 - Ordinances ORDINANCE NO. 865
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3
AND TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE TO REPEAL CHAPTERS 3.24 AND 16.32 IN THEIR
ENTIRETY AND ADDING CHAPTERS 3.52, 3.56, 3.60, 3.64,AND
3.68 ESTABLISHING DEVELOPMENT IMPACT FEES FOR
COMMUNITY AND RECREATION CENTER, LIBRARY, ANIMAL
CENTER, POLICE, AND PARK IN-LIEU/PARK IMPACT FEES
A. RECITALS
1. Colgan Consulting Corporation has prepared a Development Impact Fee Study
Report (the"Fee Study"), dated April 22, 2014 that analyzes the impact of development on certain
of the City's capital facilities and calculates development impact fees based on that analysis.
2. On June 4, 2014, the City Council held a duly noticed open and public meeting, at
which it considered the proposed adoption of the Development Impact Fees for Community and
Recreation Center, Library, Animal Center, Police, and Park In-Lieu/Park Impact Fees
(collectively, the "Development impact Fees"). The Fee Study, which contains data indicating the
estimated cost, required to provide the public facilities for which the Development Impact Fees
would be levied and the revenue sources anticipated to provide the service, was made available
to the public at least ten days prior to the June 4, 2014 City Council meeting.
3. On June 4, 2014, the City Council held a duly noticed public hearing regarding the
adoption of the Development Impact Fees and this Ordinance. Following the receipt of all staff
reports, public testimony and other evidence, the public hearing was closed.
4. City staff has evaluated the potential environmental impacts of the adoption of this
Ordinance, pursuant to the California Environmental Quality Act ("CEQA"). City staff has
determined that these actions do not constitute a "project" under CEQA pursuant to State CEQA
Guidelines Section 15378(b)(4) because these actions involve the creation of a government
funding mechanism which does not involve any commitment to any specific project which may
result in a potentially significant physical impact on the environment. In addition, City Staff has
determined that these actions are categorically exempt from CEQA under CEQA guidelines
Section 15273(a)(4) because these actions and documents are merely establishing a fee to obtain
funds for those capital projects necessary to maintain service within existing service areas and
these actions do not provide for the creation of new service areas. The capital projects described
in the Development Impact Fee Study will maintain the level of service currently provided by the
City's existing facilities by ensuring that the impacts of new development will not negatively impact
existing service levels.
5. All prerequisites to the adoption of this Ordinance as specified by the Mitigation
Fee Act (California Government Code Section 66000 et seq.) and other applicable laws have
been satisfied.
Ordinance No. 865— Page 1 of 16
B. ORDINANCE
SECTION 1. The 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. Chapters 3.24 and 16.32 of the Rancho Cucamonga Municipal Code are
hereby repealed and deleted, effective May 1, 2015.
SECTION 3. Chapter 3.52 is hereby added to Title 3 of the Rancho Cucamonga
Municipal Code, effective May 1, 2015, to read as follows:
"Chapter 3.52 Community and Recreation Center Impact Fee
3.52.010 Purpose
The City Council finds that the purpose of the community and recreation center
impact fee hereby enacted is to prevent new residential development from
reducing the quality and availability of public services provided to residents of the
City by requiring new residential development to contribute to the cost of
expanding the availability of community and recreation center assets in the City.
The City finds:
A. There are a number of existing community and recreation centers within
the City, as well as the Victoria Gardens Cultural Center.
B. Fees apply only to residential development.
C. There is a need for fees to serve future development in the City without
placing a burden on existing resources.
D. Community and recreation centers serve the entire population.
E. Revenue from the impact fees will be used to expand the availability of
community and recreation center assets in the City; through the acquisition
or improvement of real property; or the acquisition, construction, or
expansion of buildings, furnishings, equipment, or any of these.
F. New residential development and the expansion of existing development,
within the City impose a burden on the existing community and recreation
facilities by adding additional population.
G. The fees are based on the relationship between the City's existing
population and the replacement cost of existing community center,
recreation center, and cultural center facilities.
H. Population is used as the demand variable when calculating these fees
because the need for community and recreation centers is normally defined
in terms of population per unit for that type.
The level of service standard used to calculate impact fees is the existing
ratio of facility replacement cost to population.
Ordinance No. 865— Page 2 of 16
J. The cost per capita will be applied to future population to compute impact
fees per unit.
K. Since assisted living facilities are allowed in some residential zoning
districts with a conditional use permit; and residents of those facilities do
make use of the community and recreation center facilities, impact fees will
apply to new development of these types of facilities.
L. Impact fees for other specialized development types should be calculated
in the same way if the need arises.
M. The fee established by this chapter is in addition to any other fees or
charges or taxes that are required by law as a condition of development.
N. The period of greater than ten (10) days prior to adoption of this chapter,
data has been available to the public, and to developers and their
representative, indicating the cost of estimated cost of the infrastructure to
be funded, the revenue sources anticipated and means of spending these
costs.
3.52.020 Definitions
For the purposes of this chapter, the following words shall have the meanings set
forth below:
A. "City/Service Area" shall mean the entire City of Rancho Cucamonga.
B. `Residential development" shall include all dwelling units constructed for
the first time on open land or when existing structures are remodeled, and
added to or otherwise altered to increase the number of dwelling units.
C. "Dwelling unit" shall include each single family dwelling, each unit of an
apartment, duplex dwelling group or multiple dwelling structure or
condominium or planned residential development as a separate habitat for
one or more persons or each mobile home space designed to contain a
mobile home trailer on a semi-permanent or permanent basis.
D. "Person" includes every person, firm or corporation constructing a dwelling
unit directly or through the services of any employee, agent or independent
contractor.
E. "Facilities" means those park and recreation facilities, land, improvements,
or infrastructure located in Rancho Cucamonga.
F. "Study" means the Development Impact Fee Study Report dated April 22,
2014.
Section 3.52.030 Establishment and Administration of Community and
Recreation Center Impact Fees
Ordinance No. 865— Page 3 of 16
The City Council finds that there is a reasonable relationship between the use of
the fees and the need for facilities of development projects on which they are
imposed.
A. The Finance Director shall establish a special interest-bearing fund entitled
community and recreation center impact fees. All fees collected pursuant
to this chapter shall be deposited in this fund and shall be expended on the
availability of community and recreation center assets in the City.
B. A fee is imposed in the amounts set forth in this chapter and shall be
applicable to every dwelling unit as defined in Section 3.52.020 constructed
in the City after the effective date of the ordinance codified in this chapter
and shall be known as the Community and Recreation Center Impact Fee.
3.52.040 Payment
The fee imposed by this chapter shall be due and payable upon issuance of a
building permit or issuance of a certificate of occupancy, whichever occurs first;
unless otherwise pre-empted by State regulations.
3.52.050 Fees
The fees to be paid by this chapter shall be set by resolution of the City Council.
3.52.060 Fee Exemptions
In the event that a development project is found to have no impact on facilities for
which impact fees are charged, such project must be exempted from the fees.
3.52.070 Use of fees
The City Council finds that there is established a community and recreation center
fund where all sums collected pursuant to this chapter shall be deposited and shall
be used to expand on the availability of community and recreation center assets in
the City to serve new development. Those public facilities and other assets are
identified in the 2014 Development Impact Fee Study.
3.52.080 Severability
If any provision of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall affect the other provisions of this
chapter which can be given effect without the invalid provisions or its application,
and to this end the provisions of this chapter are severable."
SECTION 4. Chapter 3.56 is hereby added to Title 3 of the Rancho Cucamonga
Municipal Code, effective January 1, 2015, to read as follows:
"Chapter 3.56 Library Impact Fee
Ordinance No. 865 — Page 4 of 16
3.56.010 Purpose
The City Council finds that the purpose of the library impact fee herby enacted is
to prevent new residential development from reducing the quality and availability
of public services provided to residents of the City by requiring new residential
development to contribute to the cost of expanding the availability of library and
cultural center assets in the City.
The City finds:
A. There are two libraries currently in the City; Archibald and Paul A. Biane
Library.
B. Paul A. Biane Library is part of the Victoria Gardens Cultural Center.
C. Paul A. Biane Library includes space for future expansion.
D. The City will assess the need for any future development of a new library.
E. Fees apply only to residential development.
F. The need for fees to serve future development in the City without placing a
burden on existing resources.
G. The libraries serve the entire population.
H. Revenue from the impact fees will be used to expand the availability of
library and cultural center assets in the City through the acquisition or
improvement of real property; or the acquisition, construction, or expansion
of buildings, furnishings, equipment, or any of these.
New residential development and the expansion of existing development,
within the City impose a burden on the existing libraries by adding
additional population.
J. The fees are based on the relationship between the City's existing
population and the replacement cost of existing libraries, cultural center
facilities, and material.
K. Population is used as the demand variable when calculating these fees
because the need for libraries is normally defined in the terms of population
per unit for that type.
L. The level of service standard used to calculate impact fees is the existing
ratio of facility and material replacement cost to population.
M. The cost per capita will be applied to future population to compute impact
fees per unit.
N. Since assisted living facilities are allowed in some residential zoning
districts with a conditional use permit; and residents of those facilities do
Ordinance No. 865 — Page 5 of 16
make use of the library facilities, impact fees will apply to new development
of these types of facilities.
O. Impact fees for other specialized development types should be calculated
in the same way if the need arises.
P. The fee established by this chapter is in addition to any other fees or
charges or taxes that are required by law as a condition of development.
Q. The period of greater than ten (10) days prior to adoption of this chapter,
data has been available to the public, and to developers and their
representative, indicating the cost of estimated cost of the infrastructure to
be funded, the revenue sources anticipated and means of spending these
costs.
3.56.020 Definitions
For the purposes of this chapter, the following words shall have the meanings set
forth below:
A. "City/Service Area" shall mean the entire City of Rancho Cucamonga.
B. "Residential development" shall include all dwelling units constructed for
the first time on open land or when existing structures are remodeled, and
added to or otherwise altered to increase the number of dwelling units.
C. "Dwelling unit" shall include each single family dwelling, each unit of an
apartment, duplex dwelling group or multiple dwelling structure or
condominium or planned residential development as a separate habitat for
one or more persons or each mobile home space designed to contain a
mobile home trailer on a semi-permanent or permanent basis.
D. "Person" includes every person, firm or corporation constructing a dwelling
unit directly or through the services of any employee, agent or independent
contractor.
E. "Facilities" means those libraries or cultural center facilities, land,
improvements, or infrastructure located in Rancho Cucamonga.
F. "Study" means the Development Impact Fee Study Report dated April
2014.
3.56.030 Establishment and Administration of Library Impact Fees
The City Council finds that there is a reasonable relationship between the use of
the fees and the need for facilities of development projects on which they are
imposed.
A. The Finance Director shall establish a special interest-bearing fund entitled
library impact fees. All fees collected pursuant to this chapter shall be
Ordinance No. 865— Page 6 of 16
deposited in this fund and shall be expended on the availability of library
facilities and material assets in the City.
B. A fee is imposed in the amounts set forth in this chapter and shall be
applicable to every dwelling unit as defined in Section 3.56.020 constructed
in the City after the effective date of the ordinance codified in this chapter
and shall be known as the Library Impact Fee.
3.56.040 Payment
The fee imposed by this chapter shall be due and payable upon issuance of a
building permit or issuance of a certificate of occupancy, whichever occurs first;
unless otherwise pre-empted by State regulations.
3.56.050 Fees
The fees to be paid by this chapter shall be set by resolution of the City Council.
3.56.060 Fee Exemptions
In the event that a development project is found to have no impact on facilities for
which impact fees are charged, such project must be exempted from the fees.
3.56.070 Use of Fees
The City Council finds that there is established a library fund where all sums
collected pursuant to this chapter shall be deposited and shall be used to expand
on the availability of library and cultural center assets in the City to serve new
development. Those public facilities and other assets are identified in the 2014
Development Impact Fee Study.
3.56.080 Severability
If any provision of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall affect the other provisions of this
chapter which can be given effect without the invalid provisions or its application,
and to this end the provisions of this chapter are severable."
SECTION 5. Chapter 3.60 is hereby added to Title 3 of the Rancho Cucamonga
Municipal Code, effective January 1, 2015, to read as follows:
"Chapter 3.60 Animal Center Impact Fee
3.60.010 Purpose
The City Council finds that the purpose of the animal center impact fee herby
enacted is to prevent new residential development from reducing the quality and
availability of public services provided to residents of the City by requiring new
residential development to contribute to the cost of expanding the availability of
animal center assets in the City.
Ordinance No. 865— Page 7 of 16
The City finds:
A. There is only one animal center that serves the entire population.
B. The current animal center is at maximum capacity, and that there will be
need for expansion or construction of a new animal center as the
population continues to grow.
C. These fees apply only to residential development.
D. The need for fees is to serve future development in the City without placing
a burden on existing resources.
E. Revenue from the impact fees may be used to expand the availability of
animal center assets in the City through the acquisition or improvement of
real property; or the acquisition, construction, or expansion of buildings,
furnishings, equipment, or any of these.
F. New residential development and the expansion of existing development,
within the City impose a burden on the existing animal center by adding
additional population.
G. Population is used as the demand variable when calculating these fees
because the need for animal center services is normally defined in the
terms of population per unit for that type.
H. The level of service standard used to calculate impact fees is the existing
ratio of facility and material replacement cost to population.
The cost per capita will be applied to future population to compute impact
fees per unit.
J. Impact fees for other specialized development types should be calculated
in the same way if the need arises.
K. The fee established by this chapter is in addition to any other fees or
charges or taxes that are required by law as a condition of development.
L. The period of greater than ten (10) days prior to adoption of this chapter,
data has been available to the public, and to developers and their
representative, indicating the cost of estimated cost of the infrastructure to
be funded, the revenue sources anticipated and means of spending these
costs.
3.60.020 Definitions
For the purposes of this chapter, the following words shall have the meanings set
forth below:
A. "City/Service Area" shall mean the entire City of Rancho Cucamonga.
Ordinance No. 865— Page 8 of 16
B. "Residential development" shall include all dwelling units constructed for
the first time on open land or when existing structures are remodeled, and
added to or otherwise altered to increase the number of dwelling units.
C. "Dwelling unit" shall include each single family dwelling, each unit of an
apartment, duplex dwelling group or multiple dwelling structure or
condominium or planned residential development as a separate habitat for
one or more persons or each mobile home space designed to contain a
mobile home trailer on a semi-permanent or permanent basis.
D. "Person" includes every person, firm or corporation constructing a dwelling
unit directly or through the services of any employee, agent or independent
contractor.
E. "Facilities" means those animal center facilities, land, improvements, or
infrastructure located in Rancho Cucamonga.
F. "Equipment/material" shall include all necessary materials that are required
for the proper operation of the facility for which this fee is imposed.
G. "Study" means the Development Impact Fee Study Report dated April 2014
3.60.030 Establishment and Administration of Animal Center Impact
Fees
City Council finds that there is a reasonable relationship between the use of the
fees and the need for facilities of development projects on which they are imposed.
A. The Finance Director shall establish a special interest-bearing fund entitled
animal center impact fees. All fees collected pursuant to this chapter shall
be deposited in this fund and shall be expended on the availability of animal
center facilities and material assets in the City.
B. A fee is imposed in the amounts set forth in this chapter and shall be
applicable to every dwelling unit as defined in Section 3.60.020 constructed
in the City after the effective date of the ordinance codified in this chapter
and shall be known as the Animal Center Impact Fee.
3.60.040 Payment
The fee imposed by this chapter shall be due and payable upon issuance of a
building permit or issuance of a certificate of occupancy, whichever occurs first;
unless otherwise pre-empted by State regulations.
3.60.050 Fees
The fees to be paid by this chapter shall be set by resolution of the City Council.
Ordinance No. 865 — Page 9 of 16
3.60.060 Fee Exemptions
In the event that a development project is found to have no impact on facilities for
which impact fees are charged, such project must be exempted from the fees.
3.60.070 Use of fees
The City Council finds that there is established an animal center fund where all
sums collected pursuant to this chapter shall be deposited and shall be used to
expand on the availability of the animal center assets in the City to serve new
development. Those public facilities and other assets are identified in the 2014
Development Impact Fee Study.
3.60.080 Severability
If any provision of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall affect the other provisions of this
chapter which can be given effect without the invalid provisions or its application,
and to this end the provisions of this chapter are severable."
SECTION 6. Chapter 3.64 is hereby added to Title 3 of the Rancho Cucamonga
Municipal Code, effective January 1, 2015, to read as follows:
"Chapter 3.64 Police Impact Fee
3.64.010 Purpose
The City Council finds that the purpose of the police impact fee herby enacted is
to prevent new residential and commercial/industrial development from reducing
the quality and availability of public services provided to residents of the City by
requiring new residential and business development to contribute to the cost of
expanding the availability of police assets in the City.
The City finds:
A. Police services, facilities, and equipment are needed to serve future
development in the City.
B. Police services serve the entire population of residential and businesses.
C. The need to expand the existing fleet of police vehicles and equipment will
be necessary as the population continues to grow.
D. The City will assess the need to expand policy facilities into the
northeastern portion of the City as indicated in the current City General
Plan.
E. These fees apply to all residential and business development.
F. Revenue from the impact fees may be used to expand the availability of
police assets in the City through the acquisition or improvement of real
Ordinance No. 865 — Page 10 of 16
property; or the acquisition, construction, or expansion of buildings,
furnishings, equipment, or any of these.
G. New residential and business development within the City imposes a
burden on the existing police facility by adding additional population.
H. The demand variable that determine the fees are based on the relationship
between the City's existing population and the calls for service, and the
replacement cost for police facilities and equipment.
Police impact fees paid by new development are based on the same level
of service currently provided to the existing residential and businesses in
the City.
J. Since assisted living facilities are allowed in some residential zoning
districts with a conditional use permit; and residents of those facilities do
make use of police services, impact fees will apply to new development of
these types of facilities.
K. The cost per capita will be applied to future population to compute impact
fees per unit.
L. Impact fees for other specialized development types should be calculated
in the same way if the need arises.
M. The fee established by this chapter is in addition to any other fees or
charges or taxes that are required by law as a condition of development.
N. The period of greater than ten (10) days prior to adoption of this chapter,
data has been available to the public, and to developers and their
representative, indicating the cost of estimated cost of the infrastructure to
be funded, the revenue sources anticipated and means of spending these
costs.
3.64.020 Definitions
For the purposes of this chapter, the following words shall have the meanings set
forth below:
A. "City/Service Area" shall mean the entire City of Rancho Cucamonga.
B. "Residential development" shall include all buildings or dwelling units
constructed for the first time on open land or when existing structures are
remodeled, and added to or otherwise altered to increase the number of
dwelling units.
C. "Dwelling unit" shall include each single-family dwelling, each unit of an
apartment, duplex dwelling group or multiple dwelling structure or
condominium or planned residential development as a separate habitat for
one or more persons or each mobile home space designed to contain a
mobile home trailer on a semi-permanent or permanent basis.
Ordinance No. 865 — Page 11 of 16
D. "Businesses" shall include all commercial/industrial, hotel/motel, and office
units.
E. "Person" includes every person, firm or corporation constructing a dwelling
unit directly or through the services of any employee, agent or independent
contractor.
F. "Facilities" means those police facilities, land, improvements, or
infrastructure located in Rancho Cucamonga.
G. "Equipment/material"shall include all necessary materials that are required
for the proper operation of the facility for which this fee is imposed as
defined in the Development Impact Fee Study dated April 2014
H. "Study" means the Development Impact Fee Study Report dated April 2014
3.64.030 Establishment and Administration of Police Impact Fees
The City Council finds that there is a reasonable relationship between the use of
the fees and the need for facilities of development projects on which they are
imposed.
A. The Finance Director shall establish a special interest-bearing fund entitled
police impact fees. All fees collected pursuant to this chapter shall be
deposited in this fund and shall be expended on the availability of police
facilities and material assets in the City.
B. A fee is imposed in the amounts set forth in this chapter and shall be
applicable to every dwelling unit as defined in Section 3.64.020 constructed
in the City after the effective date of the ordinance codified in this chapter
and shall be known as the Police Impact Fee.
3.64.040 Payment
The fee imposed by this chapter shall be due and payable upon issuance of a
building permit or issuance of a certificate of occupancy, whichever occurs first;
unless otherwise pre-empted by State regulations.
3.64.050 Fees
The fees to be paid by this chapter shall be set by resolution of the City Council.
3.64.060 Fee Exemptions
In the event that a development project is found to have no impact on facilities for
which impact fees are charged, such project must be exempted from the fees.
3.64.070 Use of fees
The City Council finds that there is established an Police fund where all sums
collected pursuant to this chapter shall be deposited and shall be used to expand
on the availability of police facility assets in the City to serve new development.
Ordinance No. 865 — Page 12 of 16
Those public facilities and other assets are identified in the 2014 Development
Impact Fee Study.
3.64.080 Severability
If any provision of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall affect the other provisions of this
chapter which can be given effect without the invalid provisions or its application,
and to this end the provisions of this chapter are severable."
SECTION 7. Chapter 3.68 is hereby added to Title 3 of the Rancho Cucamonga
Municipal Code, effective May 1, 2015, to read as follows:
"Chapter 3.68 Park In-Lieu/Park Impact Fees
3.68.010 Purpose
The City Council finds that the purpose of the Park In-Lieu/Park Impact Fees herby
enacted is to prevent new residential from reducing the quality and availability of
public services provided to residents of the City by requiring new residential and
commercial development to contribute to the cost of expanding the availability of
police assets in the City.
The City finds:
A. The need for two types of development fees for parks: fees for park land
acquisition and fees for park improvement.
B. Fees for park land acquisition are subdivided: fees in-lieu of park land
dedication for subdivisions, and impact fees for park land acquisition not
involving subdivisions.
C. The need for fees to serve future development in the City without placing a
burden on existing resources.
D. The General Plan has been adopted containing specific policies and
standards for parks and recreation facilities.
E. Dedicated land and/or in-lieu fees are to be used only for the purpose of
developing new or rehabilitating existing neighborhood or community parks
or recreational facilities to serve the subdivision paying the fees.
F. Park impact fees apply only to land acquisition in residential subdivisions.
G. The demand factor for each type of residential development is the average
population per unit for that type because the need for parks in a community
is almost always based on population.
H. The total acreage of City-owned park land will be used to determine the
existing level of service for purposes of calculating impact fees for park land
acquisition.
Ordinance No. 865— Page 13 of 16
I. Improved park acreage will be used to determine the existing level of
service for the calculation of impact fees for park improvements.
J. Impact fees for other specialized development types should be calculated
in the same way if the need arises.
K. The period of greater than ten (10) days prior to adoption of this chapter,
data has been available to the public, and to developers and their
representative, indicating the cost of estimated cost of the infrastructure to
be funded, the revenue sources anticipated and means of spending these
costs.
3.68.020 Definitions
For the purposes of this chapter, the following words shall have the meanings set
forth below:
A. "City/Service Area" shall mean the entire City of Rancho Cucamonga.
B. `Residential development" shall include all dwelling units constructed for
the first time on open land or when existing structures are remodeled, and
added to or otherwise altered to increase the number of dwelling units.
C. "Dwelling unit" shall include each single family dwelling, each unit of an
apartment, duplex dwelling group or multiple dwelling structure or
condominium or planned residential development as a separate habitat for
one or more persons or each mobile home space designed to contain a
mobile home trailer on a semi-permanent or permanent basis.
D. "Person" includes every person, firm or corporation constructing a dwelling
unit directly or through the services of any employee, agent or independent
contractor.
E. "Facilities" means those park and recreation facilities, land, improvements,
or infrastructure located in Rancho Cucamonga.
F. "Study" means the Development Impact Fee Study Report dated April 2014
3.68.030 Establishment and Administration of Park In-Lieu/Park Impact
Fees
The City Council finds that there is a reasonable relationship between the use of
the fees and the need for facilities of development projects on which they are
imposed.
A. The Finance Director shall establish a special interest-bearing fund entitled
park in-lieu/park impact fees. All fees collected pursuant to this chapter
shall be deposited in this fund and shall be expended on the availability of
park and recreation assets in the City.
Ordinance No. 865— Page 14 of 16
B. A fee is imposed in the amounts set forth in this chapter and shall be
applicable to every dwelling unit as defined in Section 16.51.020
constructed in the City after the effective date of the ordinance codified in
this chapter and shall be known as the Park In-Lieu/Park Impact Fee.
3.68.040 Payment
The fee imposed by this chapter shall be due and payable upon issuance of a
building permit or issuance of a certificate of occupancy, whichever occurs first;
unless otherwise pre-empted by State regulations.
3.68.050 Fees
The fees to be paid by this chapter shall be set by resolution of the City Council.
3.68.060 Fee Exemptions
In the event that a development project is found to have no impact on facilities for
which impact fees are charged, such project must be exempted from the fees.
3.68.070 Use of fees
The City Council finds that there is established a park in-lieu/park fund where all
sums collected pursuant to this chapter shall be deposited and shall be used to
expanded on the availability of park and recreation center assets in the City to
serve new development. Those public facilities and other assets are identified in
the 2014 Development Impact Fee Study.
3.68.080 Severability
If any provision of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall affect the other provisions of this
chapter which can be given effect without the invalid provisions or its application,
and to this end the provisions of this chapter are severable."
SECTION 8. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid,
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional, invalid, or ineffective.
SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published in the manner prescribed by law.
Ordinance No. 865— Page 15 of 16
PASSED, APPROVED, AND ADOPTED this 18th day of June 2014.
AYES: Alexander, Michael, Spagnolo, Williams
NOES: None
ABSENT: Steinorth
ABSTAINED: None
Pen s Michael, Mayor
ATTEST:
01 tt., e 4.0/(A -
/nice C. Reynolds, City erk
I, JANICE C. REYNOLDS, 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 4th day of June 2014, and was passed
at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18th day
of June 2014.
Executed this 19th day of June 2014, at Rancho Cucamonga, California.
t -eeC. Reynolds, City erk
Ordinance No. 865— Page 16 of 16