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HomeMy WebLinkAbout12-08 - Resolutions RESOLUTION NO. 12-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENT TO DEVELOPMENT AGREEMENT 01-01, FOR A DEVELOPMENT PROJECT CONSISTING OF A MAXIMUM OF 632 RESIDENTIAL LOTS IN THE LOW DENSITY RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), GENERALLY LOCATED BETWEEN DAY CREEK CHANNEL AND EAST AVENUE, NORTH OF 25TH STREET, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 225-071-37, 47, 48, 50, AND-51, 225-081-09, 14, AND 15. A. Recitals. 1. Chin Yun Yeh Chuang filed an application for Development Agreement Amendment DRCDA01-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement Amendment is referred to as "the application." 2. On January 25, 2012, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. 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. Recitals. The Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Findings. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on January 25, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The property subject to the application (hereinafter, the "subject property') is comprised of approximately 248 acres of land, generally located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue within the Etiwanda North Specific Plan area. b. Development of the subject property is governed by the Etiwanda North Specific Plan area and a development agreement between the City and the applicant. C. The property to the north of the subject site is designated Flood Control/Utility Corridor. The property to the west is also Flood Control/Utility Corridor. To the east is designated Very Low Residential. To the south is designated Low Density Residential, which is partially developed with single-family homes. d. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, an Environmental Impact Report (EIR) (State Clearinghouse No. 88082915) was prepared and certified by the County of San Bernardino as a Master EIR for PLANNING COMMISSION RESOLUTION NO. 12-08 DEVELOPMENT AGREEMENT AMENDMENT DRCDA01-01 January 25, 2012 Page 2 the University/Crest Planned Development in June 1991, and in October 1999. The County of San Bernardino Board of Supervisors certified a supplement to the EIR (State Clearinghouse No. 98121091) because of a revision to the University/Crest Planned Development. In August 2001, the City of Rancho Cucamonga prepared an Addendum to address issues associated with the adoption of the Rancho Etiwanda Development Agreement. The Addendum identified no substantial changes in the project that would require a major revision to the previous EIR in connection with the City's approval of Tentative Tract Map SUBTT16226 and SUBTT16227. e. The application proposes to amend Development Agreement DA01-01 to amend Section 1. B. Term, to extend the Development Agreement term an additional 5 years (May 16, 2017) for an approved project of 632 single-family units on approximately 248 acres of land generally located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue within the Etiwanda North Specific Plan area. f. Under CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. g. Substantial changes to the project or the circumstances surrounding the project have not occurred, which would create new or more severe impacts than those evaluated in the previously certified EIR. The site has been graded and portions of the site are under construction consistent with the previously approved applications. h. The request does not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental EIR since the Development Agreement was originally approved on August 1, 2001. i. The project will not have one or more significant effects not discussed in the previously certified EIR, and do not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. No changes have been made to the project and there have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions to the previous EIR. j. Subject to the City Council's approval of the related applications the application does not conflict with the policies and provisions of the General Plan or any specific plan applicable to the subject property. k. The findings set forth in this Resolution reflect the independent judgment of the Planning Commission. PLANNING COMMISSION RESOLUTION NO. 12-08 DEVELOPMENT AGREEMENT AMENDMENT DRCDA01-01 January 25, 2012 Page 3 C. Recommendation. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends the City Council approve Development Agreement Amendment DRCDA01-01, attached as Exhibit "A." The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JANUARY 2012. PLANNING COM O OF THE CITY OF RANCHO CUCAMONGA BY: s Munoz Jr., Chairm n ATTEST: J es R. Troyer, AICP, Secretary I, James R. Troyer, AICP, 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 25th day of January 2012, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE FIRST ADMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND CHIN YUN YEH CHUANG CONCERNING THE REVISED RANCHO ETIWANDA ESTATES PROJECT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment') is made and entered into as of this day of 2011, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), and CHIN YUN YEH CHUANG, an individual ("Property Owner"), each of whom may be referred to as a Party or collectively as the Parties. RECITALS A. On August 1, 2001, the City and A&J Resources, Incorporated entered into a development agreement (the "Development Agreement') regarding the development of that certain real property described in Exhibit "A" to the Development Agreement. B. Property Owner is the successor-in-interest to A&J Resources, Incorporated pursuant to a General Assignment of Development Agreement dated July 23, 2004. C. The Parties mutually desire to extend the terms of the Development Agreement for an additional five years subject to the terms and conditions of the First Amendment. D. On January 25, 2012, the Planning Commission held a duly noticed public hearing regarding the First Amendment, after which it recommended its approval to the City Council. E. On [DATE], the City Council held a duly noticed public hearing regarding the First Amendment, after which it adopted Ordinance , approving the First Amendment. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Property Owner hereby amend that certain Development Agreement in the manner set forth below. FIRST AMENDMENT 1. Section 1, B, Term, of the First Amendment is hereby amended to read as follows: "The term of this Development Agreement shall commence on the effective date of the enacting Ordinance and shall extend for a period of fifteen (15) years thereafter (the "Term"), unless this Development Agreement is terminated, modified or extended by circumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extension attributable to the "force 1 of 2 1406507.1 majeure" circumstances described in Section 2D5 hereof or by mutual written consent of the Parties." "Following the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect; provided, however, that such termination shall not affect any right or duty arising from project entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement and the structures that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be legal conforming uses." 2. Except as expressly amended by this First Amendment, the Development Agreement shall remain unmodified and in full force and effect. 3. Pursuant to Section 65868.8 of the Government Code, the Parties shall mutually assure that a copy of this First Amendment is recorded against the Property described in Exhibit "A" attached to the Development Agreement, with the County Recorder of San Bernardino County within 10 days after the Effective Date. IN WITNESS WHEREOF, City and Property have executed this First Amendment as of the date first written above. CITY OF RANCHO CUCAMONGA CHIN YUN YEH CHUANG By: Dennis Michael Mayor ATTEST: Janice C. Reynolds City Clerk APPROVED AS TO FORM: James L. Markman City Attorney 2 of 2 1406507.1 Rancho Etiwanda Estates Legal Descriptions Exhibit"A" Tract 16226 Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State of California, Tract No. 16226, being a subdivision of Parcel 3 of Parcel Map No. 15699, as shown on Map Filed in Parcel Map Book 210, pages 53 through 56, inclusive, records of San Bernardino County, State of California. Tract 16226-1 Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State of California, Tract No. 16226-1, being a subdivision of Parcel 1, of Parcel Map No. 15699, as shown on Map Filed in Parcel Map Book 210, pages 53 through 56, inclusive, records of San Bernardino County, State of California. Tract 16226-2 Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State of California, Tract No. 16226-2, being a subdivision of Parcel 2 of Parcel Map No. 15699, as shown on Map Filed in Parcel Map Book 210, pages 53 through 56, inclusive, records of San Bernardino County, State of California. Tract 16227 Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State of California, Tract No. 16227, being a subdivision of all of Parcel 2, a portion of Parcel 4 of Day Creek Boulevard, and all of Etiwanda Avenue of Parcel Map No. 15699-1, as shown on Map Filed in Parcel Map Book 210, pages 49 to 52 inclusive, records of San Bernardino County, State of California. Tract 16227-1 Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State of California, Tract No. 16227, being a subdivision of all of Parcel 1, a portion of Parcel 4 of Day Creek Boulevard, of Parcel Map No. 15699-1, as shown on Map Filed in Parcel Map Book 210, pages 49 to 52 inclusive, records of San Bernardino County, State of California. Tract 16227-2 Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State of California, Tract No. 16227, being a subdivision of all of Parcel 3, of Parcel Map No. 15699-1, as shown on Map Filed in Parcel Map Book 210, pages 49 to 52 inclusive, records of San Bernardino County, State of California.