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Ordinance 10-03ORDINANCE NO. 2010-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ESTABLISHING AN INTERIM PLANNING COMMISSION AND APPOINTING THE CITY COUNCIL MEMBERS AS THE INTERIM PLANNING COMMISSION; APPOINTING THE CITY MANAGER OR HIS DESIGNEE AS THE PLANNING DIRECTOR, ZONING ADMINISTRATOR AND CODE ENFORCEMENT ADMINISTRATOR; AND CONFIRMING THAT THE CITY COUNCIL MEMBERS WILL ACT AS THE APPEALS BODY FOR ANY PLANNING, ZONING OR CODE ENFORCEMENT APPEALS THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council of the City ofEastvale finds as follows: (a) Section 65100 of the California Government Code requires the legislative body of each city to determine a planning agency to carry out the purposes of the Government Code Title 7, Planning and Land Use. (b) Prior to incorporation, the Planning Agency for this area was the Riverside County Planning Commission and the County's Planning Director and Zoning Administrator had the authority to issue certain ministerial land use approvals and permits; (c) It is the intent of the City to establish and appoint a separate planning advisory body in the future as well as to hire planning staff. (d) It is necessary for the efficient operation of the affairs of the City that the City Council establish an Interim Planning Commission immediately. (e) The Riverside County ordinances also provide for certain decisions to be made by the Planning Director, Zoning Administrator and Code Enforcement Administrator as well as for certain ministerial approvals or permits to be granted by a zoning administrator; (f) It is important for the City to make such decisions locally consistent with designation of the City Council as the Interim Planning Commission. (g) It is also important that any and all appeals of land use, zoning or code enforcement matters come to the City Council. SECTION 2. INTERIM PLANNING COMMISSION. An Interim Planning Commission for the City is hereby established. The members ofthe City Council shall serve as members of the Interim Planning Commission. They shall perform the planning agency functions described in Government Code Section 651 00, and shall fulfill the functions delegated to the Planning Commission for the County of Riverside under the relevant ordinances and resolutions, which the City has adopted as required upon incorporation. 1 SECTION2. INTERIM PLANNING DIRECTOR. The City Manager or his designee shall perform the functions of the Riverside County Planning Director as such functions have been assigned or delegated to the Riverside County Planning Director by the relevant County of Riverside ordinances and resolutions, which the City has adopted upon incorporation as required, as well as the applicable provisions of law. SECTION 3. INTERIM ZONING ADMINISTRATOR. The City Manager or his designee shall perform the functions of the Riverside County Zoning Administrator and Code Enforcement Administrator as such functions have been assigned or delegated to the Zoning Administrator by the relevant County of Riverside ordinances or resolutions, which the City has adopted upon incorporation as required, as well as by any provisions of applicable law. SECTION 4. APPEALS BOARD(S). The City Council or its designee(s) shall perform the functions of any and all planning, zoning or code enforcement appeals board created by the relevant County of Riverside ordinances and resolutions, which the City has adopted by reference as required by law. SECTION 4. RELATION TO COUNTY ORDINANCE The provisions of this Ordinance are intended to confirm the provisions of City Ordinance No. 2010-01 as to how to interpret County ordinances. Notwithstanding, if necessary to achieve the actions contemplated by this ordinance, this Ordinance shall be interpreted to supersede any provisions of the ordinance of the County of Riverside which cover the same matters as in this Ordinance and which are in effect pursuant to City Ordinance No. 2010-1. SECTION 5. SEVERABILITY If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason 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. EFFECTIVE DATE: URGENCY The City of Eastvale is newly incorporated and it comprises territory formerly unincorporated. It is necessary that this ordinance take effect immediately in order to provide a Municipal Code having a scheme of classification for the grouping of ordinances as they are adopted, and to provide a basic administrative framework of rules and regulations under which the 2 fundamental operations ofthe newly established municipal government can be conducted. Therefore, the City Council finds that this ordinance is necessary for the immediate preservation of the public peace, health, and safety, and declares that it shall take effect immediately upon its adoption as an urgency ordinance. SECTION 6. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED AND ADOPTED this 1st day of Octo 10, by a 4/5th vote. .·. Attest ·, Approved as to form: ttomey 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) § CITY OF EASTV ALE ) I, Judy L. Haughney, CITY CLERK OF THE CITY OF EASTV ALE, DO HEREBY CERTIFY that the foregoing Ordinance Number 2010-03 was duly and regularly adopted by the City Council of the City of Eastvale at a special meeting held the 1st day of October, 2010, by the following called vote: AYES: NOES: ABSENT: ABSTAIN: RUSH, DEGRANDPRE, HOWELL, WELCH, BOOTSMA NONE NONE NONE 4