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HomeMy WebLinkAbout705 - Ordinances ORDINANCE NO. 705 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 00-02 (DRC2003-00157), A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGAAND RANCHO ETIWANDA 685, LLC. FOR THE PURPOSE OF MODIFYING THE DEVELOPMENT AGREEMENT REGARDING THE TIMING OF THE CONSTRUCTION OF SPECIFIC INFRASTRUCTURE IMPROVEMENTS FOR PROPERTY GENERALLY LOCATED NORTH OF INTERSTATE 210, EAST OF HANLEY AVENUE AND WEST OF DAY CREEK CHANNEL - TENTATIVE TRACT MAPS 14493 THROUGH 14498, 14522, 14523, 15838 .N~ID 15902. A. RECITALS. 1. California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at least economic cost to the public. b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with the existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development." 2. California Government Code Section 65865 provides, in pertinent part, as follows: "Any city.., may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article ..." 3. California Government Code Section 65865.2 provides in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the Agreement." Ordinance No. 705 Page 2 of 3 4. Attached to this Ordinance and incorporated herein by this reference is the proposed Second Amendment to Development Agreement 00-02, concerning that property generally located north of Interstate 210, east of Day Creek Channel and west of Hanley Avenue, and as legally described in the Development Agreement 00-02. 5. On March 26, 2003, the Planning Commission of the City of Rancho Cucamonga held a duly noticed hearing concerning the Second Amendment to the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution No. 03-51. 6. On April 16, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Second Amendment to the Development Agreement and concluded said hearing on that date. 7. All legal prerequisites prior to the adoption ofthis Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set fodh in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: According to Section 15061(b)(3) of the CEQA Guidelines, the proposed Amendment to Development Agreement 00-02 is deemed exempt from further CEQAclearance. This particular section of the CEQA Guidelines states, "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is determined that the Amendment will not result in any potential environmental impact, since no significant biological, geological, or historical resources are known to exist on-site. A Notice of Exemption will be filed with the County Clerk of the Board following City Council approval. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing on April 16, 2003, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The location, design, and proposed uses set forth in this Second Amendment to the Development Agreement are compatible with the character of the existing development in the vicinity. b. The Second Amendment to the Development Agreement conforms to the General Plan of the City of Rancho Cucamonga. Ordinance No. 705 Page 3 of 4 SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Second Amendment to the Development Agreement. SECTION 5: This Council hereby approves the Second Amendment to Development Agreement 00-02, attached hereto. SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after passage at least once in the Inland Valley Daily Bulletin, A newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Please see the following page for formal adoption, certification and signatures Ordinance No. 705 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 7th day of May 2003. AYES: Alexander, Gutierrez, Howdyshell, Kudh, Williams NOES: None ABSENT: None ABSTAINED: None William J."iexa~er,~ Mayor AFl'EST: ~CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 16th day of April 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of May 2003. Executed this 8th day of May 2003, at Rancho Cucamonga, California. D~C, City Clerk