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HomeMy WebLinkAbout395 - OrdinancesORDINANCE NO. 395 (URGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUB-SECTION 17.08.050C.1 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE EVALUATION OF SCHOOL FACILITIES FOR PROPOSED RESIDENTIAL DEVELOPMENTS, AND DECLARING THE URGENCY THEREOF A. Recitals. (i) Section 17.08.050C.1 of the Rancho Cucamonga Municipal Code currently provides that prior to the approval of a final map for a residential development, written certification as to whether adequate school facilities exist to accommodate the project shall be obtained from all affected school districts. Recent amendments to Chapter 4.9, Division 1, Title 7, of the California Government Code has preempted the effective validity of the above- referenced Municipal Code section; (ii) There are currently pending within the City of Rancho Cucamonga numerous residential developments wherein the customary and orderly development review and approval process'would be adversely affected, contrary to state law, by the current language contained within said Section 17.08.050C.1; (iii) This Council is concerned with the maintenance of orderly and balanced development within the City of Rancho Cucamonga. Accordingly, to protect the integrity of the development process and to assure continued development stability within the City of Rancho Cucamonga, this Council finds it is necessary to immediately amend Section 17.08.050C.1 consistent with the recent mandates of state law; (iv) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: That all of the facts set forth in the Recitals, Part A of this Ordinance are true and correct. ' Section 2: The City Council further finds as follows: a. Section 17.08.050C.1 of the Rancho Cucamonga Municipal Code currently provides that prior to the approval of a final map for a residential development, written certification as to whether adequate school facilities exist to accommodate the project shall be obtained from all affected school districts. Recent amendments to Chapter 4.9, Division 1, Title 7, of the California Government Code has preempted the effective validity of the above- referenced Municipal Code section; Ordinance No. 395 Page 2 b. There are currently pending within the City of Rancho Cucamonga numerous residential developments wherein the customary and orderly development review and approval process would be adversely affected, contrary to state law, by the current preempted language contained within said Section 17.08.050C.1; c. The failure to amend the above-referenced section of the Rancho Cucamonga Municipal Code would immediately result in unnecessary confusion and ambiguity in the development process, contrary to the requirements of state law, and would result in an immediate threat to the public health, safety or welfare of persons and property within the City of Rancho Cucamonga. Section 3: Subsection 17.08.050C.1 of the Development Code of the City of Rancho Cucamonga is hereby amended to read in words and figures, as fo 11 ows: ' "1. The project includes school facilities or adequate school facilities exist which are or will be capable of accommodating students generated by this project. As part of the application process for a proposed residential project, and prior to such application being deemed complete pursuant to the provisions of Section 17.04.020, written input from all affected school districts as to the availability of school facilities shall be submitted to the, City Planner. If, after twenty (20) days following written request for such input, no response is received from such school districts, the City shall assume the existence or availability of adequate school facilities." Section 4: This Ordinance is hereby declared to be an urgency measure pursuant to terms of California Government Code Section 36937(b), and this Ordinance shall take effect immediately upon its adoption. Section 5: The City Council declares that should any provision, section, paragraph, sentence or words 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 6: 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 Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, Cal i fornia. PASSED, APPROVED, and ADOPTED this 6th day of June, 1989. Ordinance 395 Page 3 ATTEST: AYES: NOES: ABSENT: Alexander, Brown, Buquet, Stout, Wright None None Dennis L. Stout, Mayor I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced and passed as an urgency measure at the regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of June, 1989. Executed this 8th day of June, 1989 at Rancho Cucamonga, California.