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.