HomeMy WebLinkAbout979 - OrdinanceORDINANCE NO. 979
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING SECTION 17.124.020 OF THE
RANCHO CUCAMONGA, CALIFORNIA, MUNICIPAL CODE
REGARDING PAYMENT REQUIREMENTS FOR THE PUBLIC
ART IN -LIEU FEE, AND MAKING FINDINGS IN SUPPORT
THEREOF
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1. The City of Rancho Cucamonga, has prepared Municipal Code
Amendment DRC2021-00003, as described in the title of this Ordinance. Hereinafter in this
Ordinance, the subject Municipal Code Amendment is referred to as "the amendment".
A. The City of Rancho Cucamonga, California (the "City") is a municipal corporation,
duly organized under the constitution and laws of the State of California.
B. On the 27th day of January, 2021, the Planning Commission of the City of Rancho
Cucamonga conducted a noticed public hearing with respect to the amendment and, following
the conclusion thereof, issued Resolution No. 21-07, recommending that the City Council of the
City of Rancho Cucamonga adopt said amendment.
C. On the 17th day of February 2021, the City Council of the City of Rancho
Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing
on that date.
D. All legal prerequisites to the adoption of this Ordinance have occurred.
SECTION 2. Based upon the substantial evidence presented to this Council during
the above -referenced public hearing, this Council hereby finds and concludes that the
amendment's proposed changes to Title 17 (Development Code) of the Rancho Cucamonga
Municipal Code are consistent with the General Plan goals, policies and implementation
programs. General Plan Land Use Policy LU-14 identifies policies to support public art an as
important amenity in the City. This amendment continues to advance the goal of providing public
art through by maintaining an in -lieu fee to be paid prior to project completion.
SECTION 3. Planning Department Staff has determined that the project is exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which
have the potential for causing significant effect on the environment. Pursuant to State CEQA
Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility
that the activity in question may have significant effect on the environment, the activity is not
subject to CEQA. The proposed Development Code Amendment does not propose any physical
change to the environment itself. The amendment provides an option to delay the timing of
payment of a specific fee (public art in -lieu).
SECTION 4. Section 17.124.020.D of Chapter 17.124 (Design Provisions for Public
Art) is hereby amended to read as follows:
Ordinance No. 979 — Page 1 of 3
D. In lieu of providing the art required by the preceding subsection C, the applicant may
do either of the following:
1. Donate to the city art work that meets or exceeds the minimum value of the art
work; subject to the provisions of section 17.124.030 of this chapter.
2. Prior to the issuance of a building permit, pay on a per unit basis, an in -lieu fee
into the city's public art trust fund, equal to the minimum value of the art work that
would otherwise be included in the development project. If approved in writing by an
authorized City representative, the applicant may defer payment of the in -lieu fee to
no later than issuance of a certificate of occupancy for the development project.
SECTION 5. 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 6. 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 7. 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. 979 — Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 311 day of March, 2021.
L. De' n 'nisM ichael, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, City Clerk 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 17th day of February 2021, and
was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on
the 31 day of March 2021.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 4th day of March 2021, at Rancho Cucamonga, California.
Reyno
APPROVED AS TO FORM:
James L. Markman, City Attorney
Ordinance No. 979 — Page 3 of 3