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Home My WebLink About04-240 - Resolutions RESOLUTION NO. 04-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TRACY RESIDENTIAL PROJECT, WHICH INCLUDES THE ANNEXATION OF APPROXIMATELY 240 ACRES, A GENERAL PLAN AMENDMENT, ETIWANDA SPECIFIC PLAN AMENDMENT, TENTATIVE TRACT MAP SUBTT14749, AND DEVELOPMENT AGREEMENT, FOR A RESIDENTIAL SUBDIVISION OF 168.77 ACRES INTO 269 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED NORTH OF THE LOWER SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE—APN: 0225-083-05,06,07,10,22, 23, 25, AND 26 AND 0225-084-02. A. RECITALS. 1. Traigh Pacific (the "Applicant") seeks approval of a series of actions related to the annexation of land from unincorporated San Bernardino County into the City of Rancho Cucamonga, the approval of a General Plan Amendment, Etiwanda North Specific Plan Amendment, Tentative Tract Map SUBTT14749, and associated Development Agreement. The actions also include the development of approximately 168.77 acres with 269 single-family housing units(99.26 acres), park area (3.1 acres), equestrian park (2.7 acres), equestrian trail (0.44 acres), and drainage channel (1.77 acres). The development would have a gross density of 1.59 dwelling units per acre,and a net density of 2.5 dwelling units per acre. The remaining 61.49 acres will continue to be used for flood control purposes. The proposed annexation action encompasses a total of 240 acres and includes the development site plus adjacent parcels owned by Southern California Edison and San Bernardino County Flood Control District. These series of actions and approvals are hereinafter defined in this Resolution as the ,.Project." 2. The Applicant submitted the following applications relating to the Project: Annexation DRC2003-01051, General Plan Land Use Amendment DRC2003- 00410, Etiwanda North Specific Plan Amendment DRC2003-00409, Tentative Tract Map SUBTT14749, and Development Agreement DRC2003-00411 (collectively the "Project Applications"). These Project Applications, as well as the appeal of the Planning Commission's approval of Tentative Tract Map SUBTT14749, constitute the matters involving the Project which are submitted to the City Council for decision and action. 3. The City analyzed the Project's potential impacts on the environment in accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code § 21000 et seq.) and the State CEQA Guidelines (the "Guidelines") (14 Cal. Code Regs. § 15000 et seq.) promulgated with respect thereto. Resolution No. 04-240 Page 2 of 5 4. The City prepared an Initial Environmental Study (the 'Initial Study") for the Project pursuant to Section 15063 of the Guidelines. The Initial Study concluded that there was evidence that the Project might have a significant environmental impact on several specifically identified resources, including air quality and biological resources. 5. Based upon the information contained in the Initial Study, the City ordered the preparation of an Environmental Impact Report (the "EIR") for the Project in accordance with the provisions of Guidelines Sections 15064 and 15081. The City prepared and issued a Notice of Preparation of the EIR on August 11,2003. 6. The City sent the Notice of Preparation to the State Clearinghouse in the Office of Planning and Research for the State of California (the"State Clearinghouse") and to other interested agencies and groups in accordance with Guidelines Section 15082(a). 7. In accordance with Guidelines Section 15083, the Planning Commission conducted a duly noticed public scoping session concerning the EIR on October 22, 2003, to provide an introduction to the Project and CEQA process and to afford an opportunity for the public and interested agencies to comment on the issues to be analyzed in the EIR. 8. The Draft Environmental Impact Report(the"DEIR"),togetherwith those certain technical appendices (the "Appendices")was completed on December 4, 2003 (State Clearinghouse No. 2003081085). 9. The City circulated the DEIR and the Appendices to the public, the State Clearinghouse, and other interested persons for a 45-day public review and comment period from December 5, 2003, through January 28, 2004. 10. The City received seven written comments in response to the DEIR. 11. The City prepared written responses to all comments and made revisions and additions to the DEIR in response to the comments. 12. The City completed the responses to comments on the DEIR and preliminary revisions to the DEIR in April 2004, and distributed those responses to commenting agencies and to the public. Those comments and the responses thereto have been included in the Final Environmental Impact Report ("FEIR"), as have the appendices to the DEIR. Those documents together comprise the FEIR. The FEIR was distributed in accordance with the provisions of Public Resources Code section 21092.5, and at least ten (10) days prior to any Planning Commission consideration of the FEIR. 13. On June 9, 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Project, and after the receipt of public testimony, closed the hearing on that date. On June 9,2004,the Planning Commission adopted the following resolutions: (a) Resolution No. 04-75 Resolution No. 04-240 Page 3 of 5 certifying the FEIR for purposes of approval of Tentative Tract Map SUBTT14749; (b)Resolution No. 04-76 requesting the Local Agency Formation Commission to initiate the annexation; (c) Resolution No.04-77, recommending City Council approval of General Plan Amendment DRC2003-00410; (d) Resolution No. 04-78, recommending City Council approval of Etiwanda North Specific Plan Amendment DRC2003-00409; (e) Resolution No. 04-79, approving Tentative Tract Map SUBTT14749; and (f) Resolution No. 04-80, recommending that the City Council enter into Development Agreement DRC2003-00411. 14. On June 12, 2004, Craig A. Sherman,attorney for the Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., filed an appeal of the Planning Commission's approval of Tentative Tract Map SUBTT14749. 15. On July 21, 2004,the City Council of the City of Rancho Cucamonga conducted a public hearing on the FEIR and the Project,at which time all interested parties were given an opportunity to be heard and to present evidence regarding the FEIR and the Project, and after the receipt of public testimony, closed the hearing. 16. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE, it is herebyfound,determined, and resolved bythe City Council of the City of Rancho Cucamonga as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution, are true and correct. 2. Each finding herein is based upon the substantial evidence in the administrative record of proceedings before the Planning Commission and the City Council, including testimony at the City Council's public hearing on July 21, 2004, the FEIR, and written and oral staff reports. 3. The City Council certifies that the FEIR has been completed in compliance with CEQA and the Guidelines. 4. The City Council certifies that the FEIR was presented to the City Council and that the City Council has reviewed and considered the contents of the FEIR prior to approving the Project. The City Council has reached its own conclusions with respect to the Project and as to whether and how to approve each of the various applications comprising the Project. 5. The City Council certifies that the FEIR represents the independent judgment and analysis of the City Council. 6. The City Council finds that the FEIR adequately addresses the impacts of the Project and imposes appropriate mitigation measures for the Project. Resolution No. 04-240 Page 4 of 5 7. The City Council finds that the additional information provided in the staff report, in attachments to the staff report, in the comments to the DEIR,and presented at the Planning Commission and City Council's public hearings,does not represent significant new information so as to require re-circulation of the FEIR pursuant to Public Resources Code Section 21092.1. B. The City Council hereby certifies the FEIR as the environmental document for the Project and for the City Council's action in approving Annexation DRC2003- 01051, General Plan Land Use Amendment DRC2003-00410, Etiwanda North Specific Plan Amendment DRC2003-00409,Tentative Tract Map SUBTT14749, and Development Agreement DRC2003-00411. 9. The documents and other materials that constitute the record of the proceedings upon which the City Council's decision is based, which include, but are not limited to, the staff reports for the Project, as well as all of the materials that comprise and support the FEIR and all of the materials that support the staff reports for the Project, are located in the office of the City Planner of the City of Rancho Cucamonga, at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. The custodian of these documents is the City Planner of the City of Rancho Cucamonga. 10. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 04-240 Page 5 of 5 PASSED, APPROVED, AND ADOPTED this 21st day of July 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None c Gu William J. AI Gander, Mayor ATTEST: Debra J. Ada , CMC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga, California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 21" day of July 2004. Executed this 22nd day of July 2004, at Rancho Cucamonga, California. 44t)&_Za 6-&�� Debra J. Adat,%4MC, City Clerk