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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"