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HomeMy WebLinkAbout01-89 - Resolutions RESOLUTION NO. 01-89 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 AMEND DEVELOPMENT AGREEMENT 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND RANCHO ETIWANDA 685, LLC., FOR THE PURPOSE OF MODIFYING CERTAIN SECTIONS OF THE DEVELOPMENT AGREEMENT REGARDING THE TIMING OF THE CONSTRUCTION OF SPECIFIC INFRASTRUCTURE IMPROVEMENTS FOR PROPERTY GENERALLY LOCATED NORTH OF INTERSTATE 210 BETWEEN DAY CREEK CHANNEL AND WEST OF HANLEY AVENUE - TENTATIVE TRACT MAPS 14493 THROUGH 14498, 14522, 14523, 15838, AND 15902. A. Recitals. 1. Rancho Etiwanda 685, LLC., filed an application to amend Development Agreement 00-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On August 16, 2000, the City Council approved Development Agreement 00-02. 3. The subject property of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed amendment to Development Agreement 00-02 is attached as Exhibit "A" to the attached draft Ordinance. 5. According to Section 15061(b)(3) of the CEQA Guidelines, the proposed Amendment is deemed exempt from further CEQA clearance. This particular section of the CEQA Guidelines states, "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is determined that the Amendment to the Development Agreement will not result in any potential environmental impact, since no significant biological, geological, or historical resources are known to exist onsite. 6. 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 proposed Amendment to Development Agreement 00-02 and each and every term and provision contained herein conform to the General Plan of the City of Rancho Cucamonga. 3. This Commission hereby recommends approval of the Amendment to Development Agreement 00-02 attached as Exhibit "A" of the attached draft Ordinance. PLANNING COMMISSION RESOLUTION NO. 01-89 DA 00-02 — RANCHO ETIWANDA 685, LLC. September 26, 2001 Page 2 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF SEPTEMBER 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: � Larry y McNiel, Chairman ATTEST: Brad Bull cretary 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 26th day of September 2001, 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 TO DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND RANCHO ETIWANDA 685, LLC., FOR THE PURPOSE OF MODIFYING CERTAIN SECTIONS OF THE DEVELOPMENT AGREEMENT REGARDING THE TIMING OF THE CONSTRUCTION OF SPECIFIC INFRASTRUCTURE IMPROVEMENTS FOR PROPERTY GENERALLY LOCATED NORTH OF INTERSTATE 210 BETWEEN DAY CREEK CHANNEL AND WEST OF HANLEY AVENUE - TENTATIVE TRACT MAPS 14493 THROUGH 14498, 14522, 14523, 15838, AND 15902. A. Recitals. 1. 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." 2. 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..." 3. 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..." 4. Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Amendment to Development Agreement 00-02. CITY COUNCIL DRAFT ORDINANCE DA 00-02 — RANCHO ETIWANDA 685, LLC. Page 2 5. On September 26, 2001, the Planning Commission of the City of Rancho Cucamonga held a duly noticed hearing concerning the Amendment to Development Agreement 00-02 and concluded said hearing on that date and recommended approval through adoption of its Resolution No. 01-89. 6. On , 2001 the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. 7. 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: According to Section 15061(b)(3) of the CEQA Guidelines, the proposed Amendment to Development Agreement 00-02 is deemed exempt from further CEQA clearance. This particular section of the CEQA Guidelines states, "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is determined that the Amendment will not result in any potential environmental impact, since no significant biological, geological, or historical resources are known to exist on-site. SECTION 3: Based upon substantial evidence presented during the above-referenced public hearing on, 2001, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The location, design, and proposed 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 Amendment to Development Agreement 00-02, attached hereto as Exhibit "A". SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 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. AMENDMENT TO DEVELOPMENT AGREEMENT 00-02 • Page 8, Section 9Ciii — Traffic signal at Day Creek Boulevard and Banyan Avenue when warranted or 150 building permits. Traffic signal at Day Creek Boulevard and Banyan Avenue shall be installed when warranted or prior to the issuance of the 250th residential building permit. • Page 9, Section Vii — Wilson Avenue open to the public, but not necessarily fully improved, prior to any occupancy. Wilson Avenue shall be open to the public, but not necessarily fully improved, prior to the issuance of 250th residential building permit, or when warranted (as determined by the City Engineer). • Page 9, Section Cviii - The 100th building permit shall complete Day Creek Boulevard from State Route to Vintage Street. Day Creek Boulevard from State Route to Vintage Street shall be complete prior to the issuance of the 200th residential building permit or the finaling of the 100th residential building permit,which ever comes first. • Page 10, Section D1 - Banyan Avenue to Rochester Avenue shall be completed by the issuance of the 100th building permit or post a cash deposit or letter of credit in the amount of 200 percent of the value of the completion of the extension of Banyan Avenue. Banyan Avenue to Rochester Avenue shall be completed by the issuance of the 200th building permit or post a cash deposit or letter of credit in the amount of 200 percent of the value of the completion of the extension of Banyan Avenue. • Page 10, Section D1 b-Day Creek Boulevard shall be substantially complete by the 100th building permit. Day Creek Boulevard shall be substantially complete by the issuance of the 200th residential building permit or the finaling of the 100th building permit, which ever comes first. • Page 10, Section D2 — The Park shall be substantially complete by the 100th building permit. The Park shall be substantially complete by the 300th building permit. The developer is required to have all homeowners sign an acknowledgment form regarding the park. The form shall be reviewed and approved by the City Planner and City Engineer, prior to the issuance of the list building permit. EXHIBIT "A" Further, City staff recommends and the developer agrees that the following language shall be added to the Development Agreement: The developer and City staff shall hold regular biweekly meetings. The meetings will allow the developer to keep City staff informed as to the status of development activities in the project. The developer has requested the services of a contract planner to specifically work on this project. The developer, therefore, is required to deposit a minimum of$100,000.00 per year for a period of two years to fund a minimum of 1,000 hrs per year. The developer shall deposit the amount within ten days from the effective date of the Amendment to Development Agreement 00-02.