The URL can be used to link to this page

Home My WebLink About15-220 - Resolutions RESOLUTION NO. 15-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION DRC2015-01084 TO ALLOW FOR A ONE (1) YEAR TIME EXTENSION OF AN EXISTING DEVELOPMENT AGREEMENT (DRC2003-00411), AN AGREEMENT FOR AN APPROVED PROJECT OF 269 SINGLE-FAMILY LOTS ON APPROXIMATELY 168.77 ACRES OF LAND WITHIN THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED NORTH OF THE SOUTHERN CALIFORNIA EDISON CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1087-081-03, 04, 05, 06, 07, 08, 09. A. Recitals. 1. The City of Rancho Cucamonga, on behalf of WSI Highland Investments, LLC (property owner), filed an application for the extension of the term for a Development Agreement (time extension), as described in the title of this Resolution. Hereinafter in this Resolution, the subject time extension request is referred to as "the application." 2. On November 3, 2004, this Council adopted its Ordinance No. 730A, thereby approving the Development Agreement subject to specific conditions and time limits. The Effective Date of the Development Agreement was January 18, 2005. Since the agreement runs for ten years, the expiration date was January 18, 2015. 3. On November 19, 2014, the City Council of the City of Rancho Cucamonga approved Time Extension DRC2014-00876, which allowed for a one (1) year time extension of the subject Development Agreement(DRC2003-00411). This generated a new expiration date of January 18, 2016. 4. On December 16, 2015, the City Council of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said hearing on that date. 5. 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 City Council of the City of Rancho Cucamonga as follows: 1. This 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. Based upon substantial evidence presented to this City Council during the above- referenced hearing on December 16, 2015, including written and oral staff reports, this Council hereby specifically finds as follows: a. The applicant does not propose any changes to the original project in conjunction with this time extension request; Resolution No. 15-220 — Page 1 of 3 b. A one-year (1) time extension of the Development Agreement will not cause significant inconsistencies with the current General Plan, Specific Plan, ordinances, plans, codes and policies; C. The extension of the Development Agreement will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and d. The extension request was received within the time limits established by Section 17.14.090 (C) of the Development Code. 3. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City Council certified an Environmental Impact Report on July 21, 2004 (State Clearing House #2003081085) in connection with the City's approval of Annexation DRC2003-10151, Tentative Tract SUBTT14749 and Development Agreement DRC2003-00411. Pursuant to 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. Staff has evaluated the Time Extension request and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred and are not proposed which would create new or more severe impacts than those evaluated in the previously certified EIR. In that the Time Extension is being requested in order to provide additional time for the developer to work with the City to address requirements of the Development Agreement, staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, 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. b. Based on these findings and all evidence in the record, the City Council concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Time Extension DRC2015-01084 for Development Agreement DRC2003-00411. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this Council hereby extends the term of Development Agreement DRC2003-00411 by an additional one (1) year, attached thereto and incorporated herein by this reference, to expire on January 18, 2017. 5. The Secretary to this Council shall certify to the adoption of this Resolution. Resolution No. 15-220 — Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 16t1 day of December 2015. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None s Q nnis Michael, ayor ATTEST: anice C. Reynolds, Cit Clerk I, JANICE C. REYNOLDS, 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 1611 day of December 2015. Executed this 1711 day of December 2015, at Rancho Cucamonga, California. x/--N//� L--,f1!�4s� da ice C. Reynolds, City CIA Resolution No. 15-220 — Page 3 of 3