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HomeMy WebLinkAbout00-59 - Resolutions RESOLUTION NO. 00-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO ENTER INTO DEVELOPMENT AGREEMENT 00-01, FOR THE CONSTRUCTION OF 80-96 SENIOR APARTMENTS AND ONE MANAGER UNIT IN THE MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE), LOCATED ON THE EAST SIDE OF AMETHYST STREET, SOUTH OF THE INTERSECTION WITH LA GRANDE STREET AND NORTH OF THE INTERSECTION WITH LOMITA DRIVE, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 202-151-12. A. Recitals. 1. Northtown Housing Development Corporation has filed an application for Development Agreement 00-01, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On 24th day of May 2000,the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing on an associated General Plan Amendment application and recommended to the City Council the adoption of General Plan Amendment 00-01A. 3. On May 24,2000,and continued to June 14,2000,the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing on an associated Development District Amendment application and recommended to the City Council the adoption of Development District Amendment 00-01. 4. On May 24, 2000,and continued to June 14, 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. 5. The subject property of the Development Agreement is legally described herein. 6. A true and correct copy of the proposed Development Agreement is attached as Exhibit "A" to the attached Draft Ordinance. 7. The Planning Commission has reviewed and considered the associated Environmental Assessment prepared for said project. 8. 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. PLANNING COMMISSION RESOLUTION NO. 00-59 DA 00-01 — NORTHTOWN HOUSING DEV. CORP. June 14, 2000 Page 2 2. This Commission hereby specifically finds that the Development Agreement and each and every term and provision contained herein conforms to the General Plan of the City of Rancho Cucamonga. 3. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission;and,further,this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That based upon the changes and alterations,which have been incorporated into the proposed project, no significant adverse environmental effects will occur. C. Pursuant to the provisions of Section 753.5(c)of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project,there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration,the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 4. This Commission hereby recommends approval of the Development Agreement attached as Exhibit"A"of the attached draft Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JUNE 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA a�T. McNiel, Chairman ATTEST: 1er, etary PLANNING COMMISSION RESOLUTION NO. 00-59 DA 00-01 — NORTHTOWN HOUSING DEV. CORP. June 14, 2000 Page 3 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 14th day of June 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 DEVELOPMENT AGREEMENT NO. 00-01, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND NORTHTOWN HOUSING DEVELOPMENT CORPORATION FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS FOR 80 SENIOR APARTMENT UNITS AND ONE MANAGER UNIT LOCATED ON THE EAST SIDE OF AMETHYST STREET, SOUTH OF THE INTERSECTION WITH LA GRANDE STREET AND NORTH OF THE INTERSECTION WITH LOMITA DRIVE —APN: 202-151-12. A. Recitals. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) California Government Code Section 65865 provides, in pertinent part, as follows: "Any city...may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." (iii) California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement..." CITY COUNCIL DRAFT ORDINANCE NORTHTOWN HOUSING DEVELOPMENT CORPORATION June 14, 2000 Page 2 (iv) "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement 00-01, concerning that property located on the east side of Amethyst Street, south of the intersection with La Grande Street, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." (v) On May 24, and continued to June 14, 2000, the Planning Commission of the City of Rancho Cucamonga held a duly noticed hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution. (vi) On 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. (vii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and 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 has reviewed the Initial Study, Parts I and ll, and the Development Agreement, and certified the Negative Declaration, in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. SECTION 3: Based upon substantial evidence presented during the above-reference public hearings on May 24, and June 14, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The location, design, and proposes uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b) The Development Agreement conforms to the General Plan of the City of Rancho Cucamonga. SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement 00-01, attached hereto as Exhibit"A". SECTION 6: 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.