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Home My WebLink About20-41 Resolution RESOLUTION NO. 20-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124, A REQUEST TO AMEND DEVELOPMENT AGREEMENT DRC2015-00118 BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR PROPERTIES NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN; APNS: 0209-272-20, 0210-102-07 THROUGH - 10, 0210-102-01 THROUGH -03, 0210-102-19 THROUGH -61, 0210-102-15 AND -17, 0210-671-01 AND -03 AND-04, 0210-671- 06 THROUGH -24, 0210-681-03 AND -04 AND -06 THROUGH 13, 0210-681-14 THROUGH -33, AND 0210-102-11. A. Recitals. 1. The City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC filed an application for Development Agreement Amendment DRC2020-00124 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 August 12, 2020, 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. 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. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on August 12, 2020 including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property that is currently in various phases of development and construction by the master developer (SC Rancho Development Corp. and Empire Lakes Holding Company, LLC) and their merchant builders; b. Development of the subject property is governed by the Empire Lakes Specific Plan, the City's Development Code, and the City's General Plan; C. The Specific Plan, as it was amended in 2016, consists of several"Planning Areas". The subject properties are within "Planning Area 1" of the Specific Plan. PLANNING COMMISSION RESOLUTION NO. 20-41 DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 — CITY OF RANCHO CUCAMONGA August 12, 2020 Page 2 d. The subject properties are within a project site of 160-acres located in the Specific Plan. The Specific Plan has an overall area of 347-acres and is generally bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica Avenue to the west, and 8th Street and the BNSF/Metrolink rail line to the north. The subject property is generally located at the center of the Specific Plan.. Both the Specific Plan and the project site are bisected into south and north halves by 6th Street; e. The City Council approved General Plan Amendment DRC2015-00114 on May 18, 2016, and Specific Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-00115 on June 1, 2016. These amendments enabled the property owner (master developer), SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, and subsequent merchant builders to develop a new mixed use and transit- oriented project ("Empire Lakes/The Resort"; hereafter referred to as "the Project'); f. The purpose of the subject application is to amend several terms that are in the original Development Agreement (DRC2015-00118) that the City Council adopted on September 5, 2018. The Development Agreement became effective on October 8, 2018 and it was recorded with the County of San Bernardino on November 26, 2018; g. Concurrent with this application is an application for Specific Plan Amendment DRC2020-0254. The purpose of that application is to delete text describing the details of the required temporary connection between 6` and 71" Streets; h. Per Section 17.22.060 of the Development Code, Development Agreements have been determined by the City Council to be beneficial to the public in that: • Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. • Development Agreements provide 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, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. • Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The original Development Agreement was made and entered into for the Project to ensure that the above three goals are fulfilled. The proposed amendment to the Development Agreement will continue to ensure these goals are fulfilled; PLANNING COMMISSION RESOLUTION NO. 20-41 DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 — CITY OF RANCHO CUCAMONGA August 12, 2020 Page 3 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The Development Agreement amendment is consistent with the objectives, policies, and general land uses specified in the General Plan and the applicable Specific Plan. The proposed Development Agreement amendment enables the construction of the overall project within the project site consistent with the amendments to the General Plan, Empire Lakes Specific Plan, and Development Code (General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115, respectively) and approved by the City Council in 2016; b. The Development Agreement amendment is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The proposed Development Agreement amendment will increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities; C. The Development Agreement amendment will not be detrimental to the health, safety, and general welfare of the City. The proposed Development Agreement amendment does not substantially change the overall project, does'not introduce new or more severe environmental impacts that were not already analyzed in the Environmental Impact Report (EIR) (SCH No. 20150410083) that was certified by the City on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115; d. The Development Agreement amendment will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement amendment will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. 4. 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 Planning Commission 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), the City certified an Environmental Impact Report (EIR) (SCH No. 20150410083) on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and,Development Code Amendment DRC2015-00115. 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 as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project'will have new or more severe impacts than previously considered; and (d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. PLANNING COMMISSION RESOLUTION NO. 20-41 DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 — CITY OF RANCHO CUCAMONGA August 12, 2020 Page 4 b. The Planning Commission finds, in connection with the proposed Development Agreement amendment, that substantial changes to the project or the circumstances surrounding the overall project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The purpose of the original Development Agreement and this amendment is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. C. Staff further finds that the overall 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. The purpose of the original Development Agreement and this amendment is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. d. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the proposed Development Agreement amendment. 5. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends that the City Council approve Development Agreement Amendment DRC2020-00124 as shown in Attachment A. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF AUGUST 2020. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ton Guglielm , Chairman ATTEST: Anne McIntosh, AICP, Secretary PLANNING COMMISSION RESOLUTION NO. 20-41 DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 — CITY OF RANCHO CUCAMONGA August 12, 2020 Page 5 I, Anne McIntosh, 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 12th day of August 2020, by the following vote- to-wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: