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HomeMy WebLinkAbout942 - OrdinanceORDINANCE NO. 942 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING THE RANCHO CUCAMONGA, CALIFORNIA, MUNICIPAL CODE CONCERNING THE TIMING OF PAYMENT OF TRANSPORATION DEVELOPMENT IMPACT FEES AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Section 3.28.020 is hereby amended as follows: "The city-wide transportation development fees are hereby established on the issuance for development or redevelopment in the city to pay for construction and improvement of thoroughfares and bridges. The city council shall, in a city council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the Nexus Improvement Program and its components specifying the public improvements to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time of payment. This development fee shall be paid by each developer no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the structure. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed." SECTION 2. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No. 942 — Page 1 of 2 PASSED, APPROVED, AND ADOPTED this 5th day of December, 2018. L. D Anis Michael, M yor ATTEST: Li A. royan, City Cl Services Director STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, LINDA A. TROYAN, CITY CLERK SERVICES DIRECTOR of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 21St day of November 2018, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5th day of December 2018. AYES: Alexander, Kennedy, Michael, Williams NOES: None ABSENT: Spagnolo ABSTAINED: None Executed this 6th day of December 2018, at Rancho Cucamonga, California. C ` d A. Troyan, City Cler Services Director Ordinance No. 942 — Page 2 of 2