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