HomeMy WebLinkAbout430 - Ordinances ORDINANCE NO. 430
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANC~O
~, CATIFORNIA, ADDING A NEW C~n/~TER 16.37 TO THE
RANCID ~ MUNICIPAL OODE P~AINING TO THE
ESTABLISHMENT OF STANDARDS FOR CCMPLET/ON OF PUBLIC
]MPROVEe~TS AND REGUIATIONS FOR OCCUPANCY OF BUIIDINGS
Tne City Council of the City of Rancho Cucamonga does hereby ordain
as follows:
SBL~F/ON 1: Title 16 of the Rancho Cucamonga Municipal Code is hereby
amended to add a new Chapter 16.37, to be read, in words and figures, as
follows:
"Chapter 16.37
"ODNNECTIONS TO ENERGY SOURCES - OCCUPANCY
"Sections
"16.37.010 EnercJy Connections - C~letion of Development
Improvers.
"16.37. 020 Public Disclosure.
"16.37.030 Extensions of Development Improvement Agreements.
"16.37.010 Enerqy Connections - Completion of Development Improve-
"A. Except as permitted by Title 15 of this Code with respect to
temporary connections, no person shall make connection from a source of
~, fuel or power to any building or structure which is regulated by this
Code and for which a permit is required unless, in addition to any and all
requirements provided as conditions of approval to the development or as may
be required by this Code, all public and/or private development improvements
required as conditions of development approval have been cc~pleted and
accepted by the City Council.
"B. Not withstanding the foregoing, in developments contabing more
than one building, structure or unit, such energy connections may be made in
equal proportion to the percentage of completion of all such development
improvements within the project, as may be determined by the City Engineer;
except as provided as follows:
"1. Reasonable, safe and maintainable access to the property
upon which the building, structure or units to be connected to such ~
sources exists, as determined to the satisfaction of the City Engineer; and
"2. No more than ninety-five percent (95%) of the buildings,
structures or units be connected to such energy sources prior to completion
and acceptance of all development improvements.
Ord/nance No. 430
Page 2
"16.37.020 Public Disclosure
"A. In those developments which are allowed, or apply to be allowed,
energy connections based upon a percentage of development improvement comple-
tion pursuant to Section 16.37,010 (B) , the project developer and/or their
authorized representative shall provide notice and disclosure to prospective
purchasers, leassees or tenants of the development that energy connections
( and occupancy) are subject to the development improvem_nt c~letion
standards set forth in Section 16.37,010 (B) . Such notice and disclosure
shall be provided by all of the following:
"1. A minimum 18 x 24 inch notice posted in a prominent
location in the sales, leasing or rental office of the proposed development;
"2. A minimum 8 1/2 x 11 inch printed handout to be offered to
prospective purchasers or occ4Dants, placed in a prominent location in the
sales, leasing or rental office of the development project; and
"3. A disclosure notice, to be signed by the prospective
purchaser, lessee or tenant, and executed concurrently with any sales contract
or lease/rental agreement.
"B. All notices required by this section shall be in a form and
content as approved by the City Attorney and City Engineer
"C. Upon completion and acceptance of all development conditions as
provided in Section 16.37,010, the provisions of this Section as to notice and
disclosure shall no longer be applicable.
"16.37.030 Extensions of Development Improvement Aqreementn.
"A. Tne completion date for all development improvement agreements
(whether executed pursuant to conditions for a permit under the Development
Code - Title 17 or suhiivision map approval pursuant to Title 16 may be
extended by the City Council upon reco~u~endation by the City Engineer, written
request by the developer and suhnittal of adequate written evidence to justify
the extension. All such time extensions will only be granted for the minimum
time necessary for the completion and acceptance of the development
improvements. The extension request shall be made not less than sixty (60)
days prior to the expiration of the improvement agreement.
"B. The developer shall enter into a development improvement exten-
sion agreement with the City consistent with the provisions of this Section.
The agreement shall be prepared by the City Engineer, approved as to form by
the City Attorney, executed by the subdivider and transmitted to the City
Council for their consideration. The City Council shall only approve the
extension request upon presentation of sufficient facts demonstrating a unique
or extenuating circumstance to require such extension. If the extension
request is approved by the City Council, the mayor shall execute the agreement
on behalf of the City.
Ordinance No ~ 430
Page 3
"C. In consideration for the approval of such development improve-
ment extension agreement, the City Council may impose the conditions as
fol 1 ows:
"1. Expanded restriction to make connection to any source of
energy, fuel or power to any building or structure pending completion of the
development improvements;
"2. Prohibition of any energy, fuel or power connections to
buildings or structures pending completion of development improvements;
"3. Additional notification and public disclosure beyond that
required by Section 16.37.020; and
"4. Prohibition of any further time extensions.
"D. The City Council may impose any additional requirements as
recommended by the City Engineer or as it may deem necessary as a condition to
approving any time extension for completion of such development improvements.
"E. The costs incurred by the City in processing the agreement shall
be borne by the developer at actual cost. or a minimum of $100.00.
"F. The provisions of this Section shall be in addition to those
provisions contained in Section 16.36.450 pertaining to extensions for
subdi vi si on improvement agreements ."
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 Inland Valley Daily Bulletin, 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 3rd day of October, 1990.
AYES: Alexander, Brown, Buquet, Stout, Wright
NOES: None
ABSENT: None
Ordinance No. 430
Page 4
ATTEST:
~)~bra j. Adani~, City Clerk
I, DEBRA J. ADAMS, 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
19th day of September, 1990, and was finally passed at a regular meeting of
the City Council of the City of Rancho Cucamonga held on the 3rd day of
October, 1990.
Executed this 4th day of October, 1990 at Rancho Cucamonga,
Cali forni a.
'13ebra a. Ada(~s, City Clerk"