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00-221 - Resolutions
RESOLUTION NO. 00-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ANNEXATION 00-01 (LAFCO 2864)AND ORDERING TERRITORY ANNEXED TO THE CITY OF RANCHO CUCAMONGA A. RECITALS. 1. Pursuant to the Cortese/Knox Local Government Reorganization Act of 1985 (Government Code Section 56000), the City of Rancho Cucamonga (the"City') is conducting annexation proceedings to consider the proposed annexation of territory described in Exhibits "A" and "A-1" attached hereto and expressly incorporated herein and made a part of this resolution by this reference. 2. On September 20, 2000,the Local Agency Formation Commission of the County of San Bernardino reviewed the proposed annexation and adopted Resolution No. 2686 making certain determinations regarding the above-described annexation, approving the annexation, and authorizing the City to order the same. 3. On October 18, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed annexation application. 4. The territory described in Exhibits"A"and"A-1"(the"Territory')is located within and consistent with the established sphere of influence of the City and is contiguous with current City limits. 5. The annexation of the Territory represents a logical extension of the City's boundaries and urban services. 6. The Board of Supervisors of the County (the "Board") previously certified an Environmental Impact Report ("EIR") for the University/Crest Development Project (the "Original University Project") in 1991 (SCH #88082915). The Original University Project was never constructed. Subsequent to the 1991 approval,a portion of the Original University Project was purchased,and in 1998 the new owners made application to the Board for approval of the Revised University Project (the "Revised University Project"), severing the University portion from the Crest portion of the Original University Project. The Board was presented with the Revised University Project and certified a Supplemental Environmental Impact Report("SEIR")on October 26, 1999 (SCH#98121091). In its Statement of Facts, Findings and Statement of Overriding Considerations, dated October 26, 1999, the Board found that the SEIR had been prepared to evaluate the potential environmental effects that would result from the development of the proposed modifications to the Revised University Project in accordance with the requirements of both the California Environmental Quality Act, as amended, ("CEQA")and the State CEQA Guidelines (the"Guidelines"). No judicial determination to the contrary has been issued. Resolution No. 00-221 Page 2 of 13 7. The Revised University Project will be located within a portion of the Territory being annexed and represents the maximum development density permitted under the zoning that the City proposes for the Territory. As a responsible agency under CEQA, the City reviewed the SEIR for the Revised University Project and determined that certain design, construction timing, circulation issues, and zoning concerns created by the development of the Revised University Project were not adequately addressed in the SEIR. The City prepared an addendum to the SEIR (the "Addendum'), pursuant to Sections 15096 and 15164 of the Guidelines,to more thoroughly analyze these concerns. On August 16, 2000, the City adopted Resolution No. 00-161 certifying that the City independently considered the environmental effects of the Project as shown in the EIR,the SEIR, and the addendum. In its Statement of Facts, Findings and Statement of Overriding Considerations, dated October 26, 1999, the City Council found that the EIR, the SEIR, and the addendum had been prepared to evaluate the potential environmental effects that would result from the development of the proposed modifications to the Revised University Project in accordance with the requirements of both the California Environmental Quality Act, as amended, ("CEQA")and the State CEQA Guidelines (the"Guidelines"). The City's Statement of Overriding Considerations furtherfound that the benefits of the Revised University Project outweighed the unavoidable adverse environmental effects of the project. No judicial determination to the contrary has been issued. 8. In October of 1997,the Etiwanda School District(the"School District")adopted a Negative Declaration in conjunction with the acquisition of a future school site within a portion of the Territory being annexed (the "Intermediate School Property'). 9. In June of 2000, the Etiwanda School District (the "School District") adopted a Mitigated Negative Declaration in conjunction with its review and approval of plans to construct an Elementary School within a portion of the Territory being annexed (the "Elementary School Project"). 10. The City Council of the City previously certified an EIR for the Etiwanda North Specific Plan ("ENSP") in 1992 (SCH #89012314). The ENSP is a comprehensive plan to guide the development of over 6400 acres of land, including the 500 acres comprising the Territory. The ENSP EIR analyzed the potential environmental effects that would result from the development of the Territory in conformance with the ENSP and determined that with the mitigation measures proposed the impacts on the environment would be less than significant. 11. The City Council has determined annexation of the Territory is consistent with the ENSP. The City Council has further determined that the Revised University Project and the School Project are both consistent with the zoning proposed for the annexed Territory. 12.The City Council has determined that the annexation of the Territory to the City would be beneficial to the public purposes of the City, in that the properties will provide for the development in a manner consistent with the City's General Plan and with related development. Resolution No. 00-221 Page 3 of 13 13. Regular County assessment roles are to be used for tax purposes. 14.The subject 504+/- acre-property is legally uninhabited. 15.All legal prerequisites to the adoption of this resolution have occurred. 16.The affected territory will be taxed for existing general bonded indebtedness and contractual obligations of the City. B. RESOLUTION. NOW,THEREFORE,the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: 1. This Council hereby specifically finds that all of the facts set forth in the recitals, part A, of this resolution are true and correct. 2. The terms and conditions of the annexation as approved by the Local Agency Formation Commission are as follows: Condition No. 1: The conducting authority for this proceeding shall be the City of Rancho Cucamonga. Condition No. 2: The conducting authority shall provide notice of its hearing pursuant to the provisions of Government Code Section 57025. Condition No. 3: The boundaries are approved as set forth in Exhibits "A" and "A-1" attached. Condition No. 4: The following distinctive short-form designation shall be used throughout this proceeding: LAFCO 2864. Condition No. 5: All previously authorized charges,fees,assessments, and/or taxes currently in effect by the City of Rancho Cucamonga (annexing agency)shall be assumed by the annexing territory in the same manner as provided in the original authorization pursuant to Government Code Section 56844(t). Condition No. 6: The City of Rancho Cucamonga shall indemnify, defend, and hold harmless the San Bernardino County Local Agency Formation Commission from any legal expense, legal action, or judgment arising out of the Commission's approval of this proposal, including any reimbursement of legal fees and costs incurred by the Commission. Condition No. 7: The date of issuance of the Certificate of Completion shall be the effective date of this annexation. 3. This Council finds and determines that the value of written protests filed and not withdrawn is less than 50% of the total assessed value of the land within the affected territory. Resolution No. 00-221 Page 4 of 13 4. The City Council has reviewed and considered the environmental documents described in Recitals 6, 7, 8, 9 and 10 (collectively the "previous environmental documents"). The City Council hereby makes the following findings in regard to the environmental documents: a. The City, as the lead agency under CEQA for the annexation of the Territory, has reviewed the previous environmental documents prepared in conjunction with the previous projects to analyze the potential environmental effects of the annexation. b. The City's decision to rely on the previous environmental documents in connection with the annexation is explained and supported by substantial evidence in the Initial Study/addendum attached hereto as Attachment 1 and incorporated herein by this reference. The City Council expressly finds that the previous environmental documents adequately analyzed the potential environmental effects relevant to the proposed annexation and the previously identified significant environmental impacts. The City Council furtherfinds that the mitigation measures set forth in the previous environmental documents are adequate to address the effects the annexation will have on the environment and will ensure that the annexation will result in a less than significant impact on the environment. c. The City Council expressly finds that the annexation is consistent with the projects reviewed in the previous environmental documents and does not create different or additional environmental effects beyond the impacts previously identified. d. The previous environmental documents have been completed and reviewed in full compliance with CEQA. e. The previous environmental documents collectively reflect the City Council's independent judgment and analysis. 5. Based on the findings and conclusions set forth in this Resolution, this Council hereby resolves that the territory described in Exhibits"A"and"A-1" is annexed, and directs the City Clerk to transmit a certified copy of this resolution with applicable fees required by Section 54902.5 of the Government Code to the Executive Officer of the Local Agency Formation Commission of the County of San Bernardino. Please See the Following Page for Formal Adoption and Signatures Resolution No. 00-221 Page 5 of 13 PASSED, APPROVED, AND ADOPTED this 18'h day of October 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None t,CR William J. Alex an r, Mayor ATTEST: L'e.. Debra J. Adams, C, City Clerk I, DEBRA J.ADAMS,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 18`h day of October 2000. Executed this 1 g`h day of October, at Rancho Cucamonga, California. J1 4-4 Debra J. Ada s MC, City Clerl Resolution No. 00-221 Page 6 of 13 Revised Legal PAGE 1 OF 2 EXHIBIT "A" LAFCO 2864-CITY OF RANCHO CUCAMONGA ANNEXATION NO. 00-01 (RANCHO ETINANDA) BEING A PORTION OF THE SOUTH ONE-HALF OF SECTION 20 AND THE WEST ONE-HALF OF SECTION 29 AND THE EAST HALF ONE-HALF OF SECTION 30, ALL WITHIN TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 20; 1) THENCE NORTH 00°15'11" WEST, ALONG THE WESTERLY LINE OF SAID SECTION 20, 2636.14 FEET TO THE WEST ONE-QUARTER OF SAID SECTION 20; 2) THENCE SOUTH 89°26'49" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 20,2649.86 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 20; 3) THENCE SOUTH 89'26'25" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 20. 1517-40 FEET TO AN INTERSECTION WITH THE EXISTING BOUNDARY OF THE CITY OF RANCHO CUCAMONGA; 4) THENCE ALONG THE EXISTING BOUNDARY OF THE CITY OF RANCHO CUCAMONGA THE FOLLOWING COURSES;SOUTH 44044'26"WEST, 3558.95 FEET TO THE EAST LINE OF THE WESTERLY 330.00 FEET OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 20; 5) THENCE SOUTH 00019'13" EAST, ALONG SAID EAST LINE, 35.04 FEET TO A POINT 50.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION 20, SAID SOUTH LINE ALSO BEING THE NORTH LINE OF SAID SECTION 29; 6) THENCE SOUTH 89024'03"EAST,PARALLEL WITH AND 50.00 FEET NORTHERLY OF SAID SOUTH LINE, 990.99 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 20; 7) THENCE SOUTH 00004'25" EAST,ALONG SAID EAST LINE, 50.00 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 20,ALSO BEING THE NORTH ONE-QUARTER CORNER OF SAID SECTION 29; 8) THENCE SOUTH 00011'03" EAST, ALONG THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29,2655.52 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 29; 9) THENCE SOUTH 00001'44" EAST, ALONG THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29,40.00 FEET; 10)THENCE NORTH 89025'52"WEST, PARALLEL WITH AND 40.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 29, 985.85 FEET TO THE EAST LINE OF THE WESTERLY 330.00 FEET OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29; . 11)THENCE SOUTH 00002'19"WEST, ALONG SAID EAST LINE, 948.90 FEET TO THE NORTH LINE OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29; 12)THENCE SOUTH 89027'06" EAST, ALONG THE NORTH LINE OF SAID SOUTH ONE-HALF, 328.48 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29; 13)THENCE SOUTH 00000'18" WEST, 988.79 FEET TO THE NORTH LINE OF THE SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29; 14)THENCE NORTH 89028'20"WEST, 329.53 FEET TO THE EAST LINE OF THE WEST 330.00 FEET OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29; 15) THENCE SOUTH 00001'19"WEST,659.27 FEET TO THE SOUTH LINE OF SAID SECTION 29; 16)THENCE NORTH 89029'09" WEST, ALONG SAID SOUTH LINE, 1648.64 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 29, SAID CORNER ALSO BEING THE SOUTHEAST CQRNER OF SAID SECTION 30; 17)THENCE NORTH 89036'29"WEST,ALONG THE SOUTH LINE OF SAID SECTION 30,662.27 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 30; Resolution No. 00-221 Page 7 of 13 PAGE 2 OF 2 18) THENCE NORTH 00°04'55" EAST, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE . SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 30, 1319.50 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 30, SAID NORTHERLY LINE ALSO BEING ON THE EASTERLY BOUNDARY OF TRACT 13835 AS RECORDED IN MAP BOOK 262, PAGES 14 THROUGH 18, INCLUSIVE, RECORDS OF THE COUNTY OF SAN BERNARDINO; 19) THENCE NORTH 88°43'16"WEST,ALONG SAID TRACT 13835 BOUNDARY,3.02 FEET; 20) THENCE NORTH 00°02'02" EAST, ALONG SAID TRACT 13835 BOUNDARY, 329.87 FEET TO THE NORTHEAST CORNER OF SAID TRACT 13835; 21) THENCE NORTH 89°35'09" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT 13835, 660.00 FEET TO THE CENTERLINE OF ROCHESTER AVENUE, ALSO BEING THE WEST LINE OF THE EAST ONE- HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 30 OF TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.M.; 22)THENCE NORTH 00°02'05" EAST, ALONG SAID CENTERLINE, 1022.71 FEET TO A POINT LYING 33.00 FEET NORTHERLY OF THE NORTH LINE OF SAID EAST ONE-HALF; 23) THENCE SOUTH 89°34'33"EAST, PARALLEL WITH AND 33.00 FEET NORTHERLY OF SAID NORTHERLY LINE OF SAID EAST ONE-HALF, 1327.25 FEET TO THE EAST LINE OF SAID SECTION 30, ALSO BEING THE WESTERLY LINE OF SAID SECTION 29; 24)THENCE NORTH 00°23'58"WEST,ALONG SAID WEST LINE OF SAID SECTION 29,2624.07 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 500.00 ACRES �V���p,F K Wq9 oxo PREPARED IN THE OFFICES OF ALLARD ENGINEERING v F 9 5820 s Exp. P B i 9l�Of CALWF % D TE MARK WARE,L.S.5820 EXP:6-30-04 12103.EXHA.BNDY r -� _ T COUNTY OF SAN BERNA DI I[ �7, `I HEC R NO 825 E. 3rd. STREET, SAN BERNARDINO, CA 92415 1 CITY OF RANCHO CUCAMONGA .---' i i �r r o.. 10500 CIVIC CENTER ,ORI ERANCHO CUCAMON It , ' 1 I F i V GA A 91729 C ��//// AM EXA77ON No.00-01 O� ------ t�'�;-----�----------- LAFCO No.2864 v R([ARO ENGINEERING AVLI/SI Ifi, 2" ______________ f, �,o , w —p ---------------- , . ��co� ___ •___ _ d _____.t______ n ( w 0 ® i�; & Q a .r y ' r DETALW •am•_ ,. _ - -------------------- -'-----1 # �_ , tl !9 (NSD 3i34y.`+ ° VICINITY MAP o # &k -- - -- ---- ------- le-- I A E T I rr , I i • --r,._.i i •___+-.� aawc sus , ar-,m-„ , itq 61OuiA�MXK CD O ice'_•^ amu"•=n{{ �{��© ' ,r.r• I2(V09�BB99501PI OD Q _ 'r••_— _ —rt uwX mw[f.s auo O � _ _ a a fXP. b-JO-W ! N W � Resolution No. 00-221 Page 9 of 13 i LOCAL AGENCY FORMATION COMMISSION COUNTY OF SAN BERNARDINO ! 175 West Fifth Street, Second Floor San Bernardino, CA 92415-0490•(909) 387-5866•FAX (909)387-5871 E-MAIL: latco@lafco.co.san-bernardino.ca.us PROPOSAL NO.: LAFCO 2864 HEARING DATE: SEPTEMBER 20,2000 RESOLUTION NO.2686 A RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO MAKING DETERMINATION ON LAFCO 2864 AND APPROVING THE CITY OF RANCHO CUCAMONGA ANNEXATION NO.00-01 (RANCHO ETIWANDA). The annexation area comprises approximately 500 acres and is generally located within portions of Sections 20,29 and 30, Township 1 North,Range 6 West,San Bernardino Meridian. The annexation area generally-lies north of Highland Avenue(existing City of Rancho Cucamonga boundary),east of a combination of Day Creek Channel and existing City of Rancho Cucamonga boundaries,south of the natural extension of 25'Street, and west of existing City of Rancho Cucamonga boundaries. The annexation area lies in the northern sphere of influence of the City of Rancho Cucamonga. On motion of Commissioner Mikels,duly seconded by Commissioner Hansberger,and carried,the Local Agency Formation Commission adopts the following resolution: WHEREAS,an application for the proposed annexation in the County of San Bernardino was heretofore filed with the Executive Officer of this Local Agency Formation Commission in accordance with the Cortese/Knox Local Government Reorganization Act of 1985(Government Code Sections 56000 et seg. ,and said Executive Officer has examined said application and executed his certificate in accordance with law,determining and certifying that said filings are sufficient;and, WHEREAS,at the times and in the form and manner provided by law,said Executive Officer has given notice of public hearing by this Commission upon said application;and, WHEREAS,said Executive Officer has reviewed available information and prepared a report including his recommendations thereon,said filings and report and related information having been presented to and considered by this Commission;and, WHEREAS,the public hearing by this Commission was held upon the date and at the time and place specified in said notice of public hearing and in order or orders continuing such hearing;and, WHEREAS,at such hearing,this Commission heard and received all oral and written protests;the Commission considered all plans and proposed changes of organization,objections and evidence which were made,presented,or filed; it received evidence as to whether the territory is inhabited or uninhabited, improved or unimproved;and all persons present were given an opportunity to hear and be heard in respect to any matter relating to said application,in evidence presented at the hearing; M C Resolution No. 00-221 Page 10 of 13 I RESOLUTION NO.2686 I NOW,THEREFORE,BE IT RESOLVED,that the Local Agency Formation Commission of the County of San Bernardino does hereby determine,resolve,order,and find as follows: DETERMINATIONS: SECTION 1. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution in the manner provided by Section 56853 of the Government Code. SECTION 2. The proposal is approved subject to the terms and conditions hereinafter specified: CONDITIONS: Condition No. 1. The conducting authority for this proceeding shall be the City of Rancho Cucamonga. Condition No.2. The conducting authority shall provide notice of its hearing pursuant to the provisions of Government Code Section 57025. Condition No.3. The boundaries are approved as set forth in Exhibits"A"and"A-I"attached. Condition No.4. The following distinctive short-form designation shall be used throughout this proceeding: LAFCO 2864. Condition No.5. All previously authorized charges,fees,assessments,and/or taxes currently in effect by the City of Rancho Cucamonga(annexing agency)shall be assumed by the annexing territory in the same manner as provided in the original authorization pursuant to Government Code Section 56844(t). Condition No.6. The City of Rancho Cucamonga shall indemnify,defend,and hold harmless the San Bernardino County Local Agency Formation Commission from any legal expense,legal action,or judgment arising out of the Commission's approval of this proposal,including any reimbursement of legal fees and costs incurred by the Commission. Condition No.7. The date of issuance of the Certificate of Completion shall be the effective date of this annexation. - - SECTION 3. The conducting authority is hereby directed to initiate appropriate proceedings in compliance with this resolution and State law(Government Code Sections 57000 through 57053). SECTION 4. The conducting authority shall not make any changes in the boundaries hereby approved nor shall it impose any new conditions or modify any conditions hereby imposed unless and until it receives the approval of the Local Agency Formation Commission for such changes,modifications,or conditions,pursuant to the procedures prescribed in Section 56857 of the Government Code. SECTION 5. Upon completion of its proceedings,the conducting authority is directed to adopt its own resolution setting forth its action relating to the proposal considered and forward the required number of certified copies of the resolution to the Local Agency Formation Commission(Government Code Sections 57075 through 57179). SECTION 6. Upon receipt of the resolution of the conducting authority approving said action,the Certificate of Completion shall be prepared and filed. 2 Resolution No. 00-221 Page 11 of 13 i RESOLUTION NO.2686 I SECTION 7. Approval by the Local Agency Formation Commission indicates approval of this proposal by the conducting authority would accomplish the proposed change of organization in a reasonable manner with a maximum chance of success and a minimum disruption of service to the functions of other local agencies in the area. SECTION 8. FINDINGS. The following findings are noted in conformance with Commission policy: 1. The subject 500+/-acre annexation area is legally uninhabited,as certified by the County Registrar of Voters office. The area is within the sphere of influence of the City of Rancho Cucamonga. I i2. The County Assessor has determined that the assessed value of land and improvements for privately- owned parcels within the annexation area is$5,062,857. Because of the significant amount of exempt properties within the annexation area,the Assessor was requested to assign values to parcels owned by the San Bernardino County Flood Control District,the Edison Company,the Cucamonga County Water District,CALTRANS,the Metropolitan Water District,the Cucamonga Public Facilities Corporation,and the Etiwanda School District. Together,those properties have been valued at$5,033,700. Thus,the total assessed value of the annexation area for protest purposes at the conducting authority level is$10,096,557. 3. Notice of this hearing has been advertised as required by law through publication in The Sun and the Daily Bulletin,newspapers of general circulation in the area. 4. The City of Rancho Cucamonga has pre-zoned the annexation area for low density residential uses(L), Neighborhood Commercial(NC),General Commercial(GC),Utility Corridor(UC),and Flood Control/Riparian(FC). These designations conform with the General Plan of the City of Rancho Cucamonga, 5. The Commission's Environmental Consultant independently prepared an Initial Study for the Commission's use as a CEQA responsible agency to determine that no significant changes or new significant impacts have occurred since the preparation and adoption of the following documents which address the environmental impacts from developing the 500+/-acre annexation area in accordance with General Plan designations. Prepared by the County of San Bernardino: Final Environmental Impact Report,University/Crest Project PUD No.W121-49,August, 1989(State Clearinghouse#88082915);Addendum to Final Environmental Impact Report,University/Crest Project PUD No.W121-49,May, 1991 (State Clearinghouse#88082915);Draft Supplemental Environmental Impact Report,Revised University Project,April, 1999(State Clearinghouse#98121091);and Final Supplemental Environmental Impact Report,Revised University Project,July, 1999(State Clearinghouse#98121091); Prepared by the Etiwanda School District: Negative Declaration,Acquisition of Future School Site, October, 1997;and Negative Declaration,Construction of Intermediate School,June,2000; Prepared by the City of Rancho Cucamonga: Etiwanda North Specific Plan,April, 1992;Draft Environmental Impact Report,Etiwanda North Specific Plan,May, 1991 (State Clearinghouse #89012314);Program Environmental Impact Report Part 11,Etiwanda North Specific Plan,April, 1992 (State Clearinghouse#89012314);and Initial Study/Addendum,Revised University Project,Supplemental Environmental Impact Report,June,2000; 3 Resolution No. 00-221 Page 12 of 13 RESOLUTION NO.2686 Copies of the applicable environmental review documents have been previously provided to the Commission. The Commission certifies it has reviewed and considered the Initial Study prepared by its Environmental Consultant,the County and City's Environmental Impact Reports(EIAs),as listed above, and the effects outlined therein,the Etiwanda School District's Negative Declarations and environmental effects as outlined in the Initial Studies,which indicate that approval of the acquisition/development of the school site will not have a significant adverse impact on the environment,and the City's Initial Study/Addendum,and finds that they are adequate for its use as a CEQA responsible agency. The Commission further finds that it does not intend to adopt alternatives or mitigation measures for this project.The Commission hereby acknowledges the mitigation measures and mitigation monitoring plans contained in the County and City's EIRs and finds that no additional feasible alternatives or mitigation measures have been identified. The Commission finds that all changes,alterations,and mitigation measures are within the responsibility andjurisdiction of the City and other agencies,not the Commission. The Commission finds that it is the responsibility of the City and the Etiwanda School District to oversee and implement these measures and the mitigation monitoring plans. The Commission hereby adopts the Candidate Findings of Fact and Statement of Overriding Considerations regarding the environmental effects of the annexation,a copy of which is available for review in the office of the LAFCO Clerk. The Commission finds that all feasible changes or alterations have been incorporated into the project;that these changes are the responsibility of the City and other agencies identified in the Candidate Findings of Fact and Statement of Overriding Considerations and the EIRs;and that specific economic,social or other considerations make infeasible adoption of the alternatives identified in the EIRs. The Commission,as a responsible agency,notes that this proposal is exempt from Department of Fish and Game fees because the filing fee was the responsibility of the City,as the lead agency. The Commission directs its Clerk to file a Notice of Determination within five(5)working days with the San Bernardino County Clerk of the Board of Supervisors 6. The local agencies currently serving the area are: County of San Bernardino,Metropolitan Water District of Southern California,Inland Empire West Resource Conservation District,Inland Empire Utilities Agency(IEUA),IEUA Mid-Valley area and Improvement District C,Rancho Cucamonga Fire Protection District(City subsidiary),Cucamonga County Water District(CCWD),CCWD Improvement Districts 3, 5,6,and 1963-1,County Service Area 70(Countywide),and County Service Area 70,Improvement Zone OS-1 (open space). County Service Area 70 and County Service Area 70,Improvement Zone OS-1 will be detached from the annexation area upon successful completion of the annexation pursuant to the provisions of Government Code Section 25210.90. None of the other agencies will be affected by this proposal. 7. The City of Rancho Cucamonga has submitted a plan for the provision of its municipal services which indicates that the City can maintain and/or improve the level and range of services that are currently available to the area to be annexed. The Plan for Services has been reviewed and compared with the standards established by the Commission. The Commission finds that such Plan conforms with those adopted standards. 8. The annexation area can benefit from the extension of services,as evidenced by the Plan for Services. 4 Resolution No. 00-221 Page 13 of 13 I RESOLUTION NO.2686 9. This proposal and its anticipated effects conform with State law and adopted Commission policies. 10. All notices have been provided as required by law. Individual notification was provided to affected and interested agencies,County departments,and those individuals wishing mailed notice. In conformance with the Commission's adopted policy for landowner notification, individual notice was mailed to each landowner in the annexation area. No protest has been received. IL. The City and County have negotiated the transfer of ad valorem taxes as required by State law. Copies of the resolutions adopted by the City Council of the City of Rancho Cucamonga and the San Bernardino County Board of Supervisors are on file in the LAFCO office outlining the exchange of revenues. 12. The map and legal description,as revised,meet State standards as determined by the County Surveyor's office. THIS ACTION APPROVED AND ADOPTED by the Local Agency Formation Commission of the County of San Bernardino by the following vote: AYES: COMMISSIONERS: Eshleman,Hansberger,Mikels,Pearson,Roemer,Smith,Williams NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Bagley(Eshleman voting in his stead) STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) I,JAMES M.RODDY,Executive Officer of the Local Agency Formation Commission of the County of San Bernardino,California,do hereby certify this record to be a full,true,and correct copy of the action taken by said Commission by vote of the members present as the same appears in the Official Minutes of said Commission at its regular meeting of September 20,2000. DATED: September 20,2000 Ai\t ,.M. a Officer Ia it ill 5