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.
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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
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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
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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
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