Loading...
HomeMy WebLinkAbout00-127 - Resolutions RESOLUTION NO. 00-127 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO AMEND DEVELOPMENT AGREEMENT 00-01, A PREVIOUSLY APPROVED SENIOR HOUSING OVERLAY DISTRICT IN THE MIXED USE DISTRICT, LOCATED ON THE EAST SIDE OF AMETHYST AVENUE BETWEEN LA GRANDE STREET AND LOMITA DRIVE TO PERMIT A FRONT YARD BUILDING SETBACK OF 21 FEET, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE,AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 202-151- 12. A. Recitals. 1. Northtown Housing Development Corporation filed an application to amend Development Agreement 00-01, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement Amendment No. 1 is referred to as "the application." 2. On the 5th day of July 2000, the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing by adopting Ordinance 625 which approved Development Agreement 00-01, authorizing the development of a Senior Housing project on the east side of Amethyst Street, south of the intersection of La Grande Street and north of the intersection with Lomita Drive. 3. On November 21, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. The subject property of the Development Agreement is legally described as Exhibit "A" attached to the agreement. 5. A true and correct copy of the proposed Development Agreement Amendment is included as a part of the attached Draft Ordinance. 6. The Planning Commission has reviewed and considered the environmental determination prepared for said project. 7. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Commission hereby specifically finds that the Amendment for Development Agreement 00-01 and each and every term and provision contained herein conforms to the General Plan of the City of Rancho Cucamonga. PLANNING COMMISSION RESOLUTION NO. 00-127 DA 00-01 AMEND. NO. 1 - NORTHTOWN HOUSING DEV. CORP. November 21, 2000 Page 2 3. Based upon the facts and information contained in the staff report of November21,2000, together with all written and oral reports included for the environmental review for the application, the Planning Commission finds that this proposal to authorize the variance of the front yard setback on land with an average slope of less than 20 percent, will not result in any changes in land use or density, nor in the creation of any new parcel. It is therefore determined that this proposal complies with the provisions of a Class 5 Categorical Exemption as defined in Section 15305 of the California Environmental Quality Act Guidelines. 4. This Commission hereby recommends approval of the Amendment to Development Agreement 00-01, to permit a reduced front yard structural setback of twenty-one feet for the site of the Senior Housing Overlay District along Amethyst Avenue, as specified in the attached draft Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 21ST DAY OF NOVEMBER 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: '' ` r Larry . McNiel, Chairman ATTEST: Brad Bu rets I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 21 st day of November 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 00-01, A PREVIOUSLY APPROVED SENIOR HOUSING OVERLAY DISTRICT IN THE MIXED USE DISTRICT, LOCATED ON THE EAST SIDE OF AMETHYST AVENUE, BETWEEN LA GRANDE STREET AND LOMITA DRIVE AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 202-151-12 A. Recitals. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: A Development Agreement may be amended, or canceled in whole or in part by mutual consent of the parties to the agreement or their successors in interest. (ii) On July 5, 2000 the Northtown Housing Development Corporation and the City of Rancho Cucamonga entered into a Development Agreement concerning the establishment of a Senior Housing Overlay District, (hereinafter referred to as "the Agreement'). (iii) On behalf of the Northtown Housing Development Corporation, a request has been submitted for Amendment No. 1 to Development Agreement 00-01, as described in the title of this Ordinance. Hereinafter, in this Ordinance, the subject Amendment is referred to as the "request." a. On November 21, 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the request and concluded said hearing on that date and recommended approval through adoption of its Resolution. b. On , 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the request. C. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council reviewed the facts and information contained within all written and oral reports included for the environmental review for the application and has determined that this request complies with the provisions of a Class 5 Categorical Exemption as defined in Section 15305 of the California Environmental Quality Act Guidelines. CITY COUNCIL DRAFT ORDINANCE NORTHTOWN HOUSING DEVELOPMENT CORPORATION Page 2 SECTION 3: Therefore, pursuant to Section 65864 of the California Government Code this Council hereby approves Amendment No. 1 of the Development Agreement 00-01, to read as follows: "AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 00-01 THIS FIRST AMENDMENT TO THAT DEVELOPMENT AGREEMENT ENTERED INTO ON JULY 5, 2000, ENTERED INTO BY AND BETWEEN THE NORTHTOWN HOUSING DEVELOPMENT CORPORATION AND THE CITY OF RANCHO CUCAMONGA A. Amendment 1. Item 'n' shall be added to Paragraph 19 and shall read as follows: n. The front yard structural setback along Amethyst Avenue may be reduced to 21 feet as measured from the street curb face. 2. Other than as specifically amended hereby, the Development Agreement and each and every term and provision thereof, shall remain in full force and effect." SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published with 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California.