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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