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HomeMy WebLinkAbout00-161 - Resolutions RESOLUTION NO. 00-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AFFIRMING THE ENVIRONMENTAL IMPACT REPORT AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AS CERTIFIED BY THE COUNTY OF SAN BERNARDINO AND AS AUGMENTED BY AN ADDENDUM PREPARED BY THE CITY OF RANCHO CUCAMONGA AS LEGALLY SUFFICIENT FOR THE UNIVERSITY PLANNED DEVELOPMENT PROJECT A. RECITALS. 1. The Board of Supervisors of the County of San Bernardino (Board) previously certified an Environmental Impact Report (EIR) for the University Development Project in 1991 (SCH #88082915). The project was never constructed. Subsequent to the 1991 approval, a portion of the University Development Project was purchased, and in 1998 the new owners made application to the County for approval of the Revised University Project (Project), severing the University portion from the Crest portion of the original University Development Project. The Board was presented with the 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 Project in accordance with the requirements of both the California Environmental Quality Act, as amended, (CEQA) and the State CEQA Guidelines (Guidelines). No judicial determination to the contrary has been issued. 2. On November 29, 1999, the City of Rancho Cucamonga commenced a judicial challenge to the Board's certification of the SEIR by filing an action entitled "The City of Rancho Cucamonga v. the County of San Bernardino and the Board of Supervisors of the County of San Bernardino, et al" Consolidated Case No. SCVSS 62412, (the Action). The Action challenged the adequacy of the SEIR for the Project on a number of grounds, of which the primary concerns included inadequate traffic impacts analysis, inadequate open space analysis, and improper application of the City's zoning standards applicable within its sphere of influence. The City, Board, and the Project proponent have entered into a conditional settlement agreement as it pertains to the Action. The primary benefits to the City arising from the settlement agreement are (a) the Project proponent's agreement to enter into a development agreement as it pertains to the Project and (b) the addition of further clarifying language into the SEIR pursuant to an Addendum, as the same is defined in Section 15164 of the Guidelines. Resolution No. 00-161 Page 2 of 4 Through the settlement agreement, the City and the Project proponent have addressed the City's concerns about potential traffic impacts, and have agreed to modify certain traffic elements, primarily design and timing of construction issues, which address the City's concerns. The City has been advised that the Project proponent is acquiring additional off-site land for perpetual use as open space that addresses the City's other primary concerns. Finally, of additional benefit is the proposal that the Project be annexed into the City of Rancho Cucamonga, thus providing further benefits to the City and through the settlement agreement addresses concerns about the City's zoning standards as applied to the Project. 3. The City of Rancho Cucamonga is identified as a responsible agency regarding the development of the Project pursuant to CEQA and the Notice of Preparation of the SEIR was served on the City as such responsible agency. However, the City is the lead agency as pertaining to the processing of the development agreement. This Resolution is intended to satisfy all requirements of CEQA and the Guidelines in regards to the Project as amended by the settlement agreement and in regards to the development agreement as set forth in the related Addendum. Upon annexation, the City will become the lead agency for all CEQA purposes pertaining to the Project. 4. All legal prerequisites to the adoption of this Resolution have been completed as required by law. B. RESOLUTION. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rancho Cucamonga 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. This City Council makes the following findings in regard to the addendum prepared for, and which augments the EIR and SEIR, for the Project as regulated by the settlement agreement and the development agreement; a. The City, as a responsible agency under CEQA for the Project and as lead agency for the development agreement, has prepared an addendum to the SEIR, pursuant to CEQA Guidelines Section 15096 and 15164 to address the refinements to the Project as set forth in the development agreement. b. The decision not to prepare a further subsequent environmental impact report or a Supplement to the SEIR is explained and supported by substantial evidence in the Initial Study/addendum attached hereto as Attachment 1. The City Council expressly finds that through the settlement agreement which settles the Action and through the adoption of the development agreement Resolution No. 00-161 Page 3 of 4 the Project has been sufficiently modified in terms of certain design, construction timing, circulation issues, and zoning concerns, affecting the development of the Project, that the issues alleged in the Action have been resolved and the City can now support the Project. The modifications .have not substantially altered the previously identified significant environmental impacts and/or related mitigation measures, as reflected in Attachment 1. c. That on the basis of the facts and evidence set forth in Attachment 1, an addendum is the adequate further environmental analysis that is required as authorized by Section 21166 of CEQA and Section 15162 of the Guidelines. d. That the addendum has been completed in compliance with CEQA. e. In reaching its decision concerning the development agreement, the City has considered the environmental effects of the Project as shown in the EIR, the SEIR and the addendum, pursuant to CEQA Guidelines Section 15096(f), prior to approving the development agreement, which will govern development of the Project. f. That the EIR, SEIR, and addendum collectively reflect the City Council's independent judgment and analysis. 3. The City Council, pursuant to the requirements of Guidelines Section 15096(h) hereby makes the findings required by Section 15091 of the Guidelines as shown on Attachment 2 and the findings required by Section 15093 of the Guidelines, as shown on Attachment 3 hereto. 4. The City Clerk shall cause the notice of determination required by Section 15094 and Section 15096 (i) of the Guidelines to be filed as required by law. PASSED, APPROVED, AND ADOPTED this 16'" day of August 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Al ander, Mayor Resolution No. 00-161 Page 4 of 4 ATTEST: k 6'hta'��\ a"� 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 16`h day of August 2000. Executed this 17`h day of August, at Rancho Cucamonga, California. Z,&. ��aXA"== D bra J. Adam VMC, City Clerk