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Home My WebLink About19-084 - Resolution RESOLUTION NO. 19-084 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION FOR SAN BERNARDINO COUNTY INITIATE PROCEEDINGS TO ANNEX CERTAIN UNINHABITED TERRITORY WITHIN UNINCORPORATED SAN BERNARDINO COUNTY TO THE CITY OF RANCHO CUCAMONGA AND DETACH SAID TERRITORY FROM COUNTY SERVICE AREA 70 IN CONNECTION WITH THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN A. Recitals. 1. The City of Rancho Cucamonga (the "City") desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for: (1) an annexation of approximately 4,088 acres of unincorporated County territory located within the City's Sphere of Influence; and (2) detachment of the territory from County Service Area 70(collectively, the"Proposed Annexation"). 2. Adescription of the boundaries of the territory subject to the Proposed Annexation is set forth in Exhibit A and is more particularly shown in Exhibit B of this Resolution (the "Annexation Area"). Both Exhibits A and B are incorporated herein by this reference. 3. The Annexation Area is currently uninhabited, as that term is defined in Government Code Section 56079.5. 4. The City prepared the Etiwanda Heights Neighborhood and Conservation Plan(EHNCP) DRC2015-00751 as a specific plan(the"EHNCP Specific Plan")to regulate development in an area comprising approximately 4,393 acres extending roughly from Haven Avenue easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary that is largely in the City's Sphere of Influence. Of the entire Project Area,4,088 acres are located within the City's Sphere of Influence and 305 acres lie within the City's current jurisdictional boundaries. 5. On July 24, 2019,the Planning Commission opened a duly noticed public hearing on the Proposed Annexation and continued the hearing to August 28, 2019. 6. On August 28,2019,the Planning Commission re-opened the duly noticed public hearing on the Proposed Annexation, concluded the hearing on that date, and thereafter, among other actions, adopted Resolution No. 19-55, recommending that the City Council adopt this Resolution of Annexation for the Proposed Annexation and take all actions necessary to annex the Annexation Area. 7. On October 2, 2019, the City Council conducted a duly noticed public hearing on the Proposed Annexation and concluded the hearing on that date. Resolution No. 19-084 - Page 1 of 6 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 City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The 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. CEQA. The EHNCP, the Proposed Annexation, and their associated approvals (collectively, the "Project") have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Local CEQA Guidelines. The City prepared an Initial Study and, based on the information contained in the Initial Study, concluded that there was substantial evidence that the Project might have a significant environmental impact on certain resources. Based upon the information contained in the Initial Study and other technical reports and evidence,the City prepared an EIR for the Project in order to analyze the Project's potential impacts on the environment. A Draft EIR was prepared and circulated for public review and comment, and a Final FEIR was reviewed by the City Council. By separate Resolution No. 19-082, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR;(iii)adopted a Statement of Overriding Considerations and (d)adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 19-082 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 3. Terms and Conditions. The City requests that the Proposed Annexation be subject to the following terms and conditions: (1) pursuant to Government Code Section 56886(t), all previously authorized charges, fees, assessments, and/or taxes currently in effect by the City of Rancho Cucamonga, as the annexing agency, shall be assumed by the annexing territory in the same manner as provided in their original authorization; and (2)the standard terms and conditions imposed by the Local Agency Formation Commission for San Bernardino County(LAFCO). 4. Reasons for Proposed Annexation. The reasons for the Proposed Annexation are to: (1)allow for the implementation of the EHNCP Specific Plan within the Annexation Area;(2)create a logical and orderly extension of the City's boundaries; (3)ensure that the 3,603 acres of the EHNCP Specific Plan designated as Rural/Conservation are subject to development standards that promote conservation and management of the areas as open space; and (4) ensure surplus property currently owned by the San Bernardino County Flood Control District, and which is no longer necessary for flood control purposes, is developed in accordance with appropriate City development standards. 5. Sphere of Influence. The Proposed Annexation is consistent with the City's Sphere of Influence. Resolution No. 19-084 - Page 2 of 6 6. Indemnification. The City acknowledges LAFCO's requirement for imposing legal indemnification as outlined in Policy 3 of Chapter 2 of the Accounting and Financial Section of its Policy and Procedure Manual. 7. Request. On the basis of the foregoing and all of the evidence in the administrative record before it, the City Council hereby requests that LAFCO initiate proceedings and take all actions necessary to facilitate the Proposed Annexation of the Annexation Area pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code. 8. Authorization and Direction to Staff. The City Council hereby directs and authorizes the City Clerk to forward a certified copy of this Resolution to the Executive Officer for LAFCO and for the City Manager to take all actions necessary to submit a complete application for the Proposed Annexation to LAFCO and any other such actions as may be necessary to complete LAFCO's annexation process. 9. Certification. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 19-084 - Page 3 of 6 PASSED, APPROVED, AND ADOPTED this 2nd day of October, 2019. a r +rr.. r L. Dennis Michael, Mayor ATTEST: w nice C. Reynolds, CIA STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 2nd day of October 2019. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 3rd day of October, 2019, at Rancho Cucamonga, California. G . J nice C. Reynolds, CI rk Resolution No. 19-084 - Page 4 of 6 Exhibit A Description of Annexation Area The Annexation Area is 4,088 acres in size and is located along the northeastern edge of the City of Rancho Cucamonga at the base of the San Gabriel Mountains. It is entirely within the City's Sphere of Influence(SOI)in unincorporated San Bernardino County. The Annexation Area boundaries are generally Haven Avenue (if it was extended north) to the west, City of Fontana to the east, San Gabriel Mountains(San Bernardino National Forest)to the north, and the existing City limits to the south. The southern portion of the Annexation Area is surrounded by residential neighborhoods in the City of Rancho Cucamonga on the west, south, and east, and is bounded by the Deer Creek Channel to the west and the Day Creek Channel to the east. Resolution No. 19-084 - Page 5 of 6 Exhibit B Map of Annexation Area Resolution No. 19-084 - Page 6 of 6 oe HL 1 4 I City Annexation Area EHNCP Area SOURCE:LaFCO,2017 City of Rancho Cucamonga National Forest FIGURE 6 City of Rancho Cucamonga Annexation Boundaryk.,tr.}�n (;,XAMONGA City of Rancho Cucamonga,CA Etiwanda Heights Neighborhood and Conservation PlanEH ( NGP)