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Home My WebLink About04-207 - Resolutions RESOLUTION NO. 04-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HENDERSON CREEK RESIDENTIAL PROJECT, WHICH INCLUDES ANNEXATION OF APPROXIMATELY 100 ACRES, A GENERAL PLAN AMENDMENT, ETIWANDA SPECIFIC PLAN AMENDMENT, TENTATIVE TRACT MAP SUBTT16324, AND DEVELOPMENT AGREEMENT, FOR A RESIDENTIAL SUBDIVISION OF 63.5 ACRES INTO 123 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT(.1-2 DWELLING UNITS PERACRE)OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD — APN: 0225-084-04, 0226-081-09 AND 10, AND 0226-082-29. A RECITALS. 1. Henderson Creek Properties, LLC(the"Applicant")seeks approval of a series of actions related to the annexation of land from unincorporated San Bernardino County into the City of Rancho Cucamonga, the approval of a General Plan Amendment, Etiwanda North Specific Plan Amendment, Tentative Tract Map SUBTT16324, and associated Development Agreement. The actions also include the development of 123 single-family housing units on approximately 65.3 acres and designations of flood control, utility corridor, and open space on approximately 25.1 acres of land. Another 10 acres is also proposed for annexation and is currently used for a utility easement and for flood control purposes. The total area to be annexed is approximately 100.4 acres. The density of the development is approximately 1.9 dwelling units per gross acre. These series of actions and approvals are hereinafter defined in this Resolution as the "Project." 2. The Applicant has submitted the following applications relating to the Project: Annexation DRC2003-00753, General Plan Land Use Amendment DRC2003- 00749, Etiwanda North Specific Plan Amendment DRC2003-00750, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751 (collectively the "Project Applications"). These Project Applications, as well as the appeal of the Planning Commission's approval of Tentative Tract Map SUBTT16324,constitute the matters involving the Projectwhich are submitted to the City Council for decision and action. 3. The City analyzed the Project's potential impacts on the environment in accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code § 21000 et seq.) and the State CEQA Guidelines (the "Guidelines") (14 Cal. Code Regs. § 15000 et seq.) promulgated with respect thereto. Resolution No. 0.4-207 Page 2 of 5 4. The City prepared an Initial Environmental Study (the 'Initial Study') for the Project pursuant to Section 15063 of the Guidelines. The Initial Study concluded that there was evidence that the Project may have a significant environmental impact on several specifically identified resources, including land use,traffic and circulation, air quality, noise, geology and soils, hydrology and water quality, public health and safety, and biological resources. 5. Based upon the information contained in the Initial Study, the City ordered the preparation of an Environmental Impact Report (the "EIR") for the Project in accordance with the provisions of Guidelines Sections 15064 and 15081. The City prepared and issued a Notice of Preparation of the EIR on November 10, 2003. 6. The City sent the Notice of Preparation to the State Clearinghouse in the Office of Planning and Research for the State of California(the"State Clearinghouse") and to other interested agencies and groups in accordance with Guidelines Section 15082(a). 7. In accordance with Guidelines Section 15083, the Planning Commission conducted a duly noticed public scoping session concerning the EIR on December 10, 2003,to provide an introduction to the Project and CEQA process and to afford an opportunity for the public and interested agencies to comment on the issues to be analyzed in the EIR. 8. The City of Rancho Cucamonga, acting as the lead agency, prepared the Draft Environmental Impact Report (the "Draft EIR")for the Project, including certain technical appendices (the "Appendices")to the Draft EIR (State Clearinghouse No. 2003111057). 9. The City circulated the Draft EIR and the Appendices to the public, the State Clearinghouse, and other interested persons for a 45-day public review and comment period from February 20, 2004 through April 5, 2004. 10. The City received six written comments in response to the Draft EIR. 11. The City prepared written responses to all comments and made revisions and additions to the Draft EIR in response to the comments. 12. The City completed the responses to comments on the Draft EIR and preliminary revisions to the Draft EIR in April 2004, and distributed those responses to commenting agencies and to the public. Those comments and the responses thereto have been included in the Final Environmental Impact Report ("Final EIR"), as well as the revisions to the Draft EIR and a copy of the Draft Development Agreement (Appendix K). Those documents, together with the Draft EIR and Appendices, comprise the Final EIR. The Final EIR was distributed in accordance with the provisions of Public Resources Code section 21092.5, and at least ten (10) days prior to any Planning Commission consideration of the Final EIR. Resolution No. 04-207 Page 3 of 5 13. On May 12, 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Project, and after the receipt of public testimony, closed the hearing on that date. On May 12, 2004, the Planning Commission adopted the following resolutions: (a) Resolution No. 04- 58, recommending City Council approval of General Plan Amendment DRC2003-00749; (b)Resolution No. 04-59, recommending City Council approval of Etiwanda North Specific Plan Amendment DRC2003-00750; (c) Resolution No. 04-60, certifying the Final EIR for purposes of approval of Tentative Tract Map SUBTT16324 and approving Tentative Tract Map SUBTT16324; and (d) Resolution No. 04-61, recommending that the City Council enter into Development Agreement DRC2003-00751. 14. On May 19, 2004, Craig A. Sherman, attorney for the Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., filed an appeal of the Planning Commission's approval of Tentative Tract Map SUBTT16324. 15. On June 2, 2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Final EIR and the Project, at which time all interested parties were given an opportunity to be heard and to present evidence regarding the Final EIR and the Project. After the receipt of public testimony,the City Council continued the public hearing on the Final EIR and the Project to its regularly scheduled meeting of June 16, 2004. 16. On June 16,2004,the City Council of the City of Rancho Cucamonga conducted a continued public hearing on the Final EIR and the Project, at which time all interested parties were given an opportunityto be heard and to present evidence regarding the Final EIR and the Project, and after the receipt of public testimony, closed the hearing. 17. 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 City Council of the City of Rancho Cucamonga as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution, are true and correct. 2. Each finding herein is based upon the substantial evidence in the administrative record of proceedings before the Planning Commission and the City Council, including testimony at the City Council's public hearings on June 2, 2004, and June 16, 2004, the Final EIR, and written and oral staff reports. 3. The City Council certifies that the Final EIR has been completed in compliance with CEQA and the Guidelines. Resolution No. 04-207 Page 4 of 5 4. The City Council certifies that the Final EIR was presented to the City Council and that the City Council has reviewed and considered the contents of the Final EIR prior to approving the Project. The City Council has reached its own conclusions with respect to the Project and as to whether and how to approve each of the various applications comprising the Project. 5. The City Council certifies that the Final EIR represents the independent judgment and analysis of the City Council. 6. The City Council finds that the Final EIR adequately addresses the impacts of the Project and imposes appropriate mitigation measures for the Project. 7. The City Council finds that the additional information provided in the staff report, in attachments to the staff report, in the comments to the Draft EIR, and presented at the Planning Commission and City Council's public hearings,does not represent significant new information so as to require re-circulation of the Final EIR pursuant to Public Resources Code Section 21092.1. 8. The City Council hereby certifies the Final EIR as the environmental document for the Project and for the City Council's action in approving Annexation DRC2003-00753, General Plan Land Use Amendment DRC2003-00749, Etiwanda North Specific Plan Amendment DRC2003-00750,Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. 9. The documents and other materials that constitute the record of the proceedings upon which the City Council's decision is based, which include, but are not limited to, the staff reports for the Project, as well as all of the materials that comprise and support the Final EIR and all of the materials that support the staff reports for the Project, are located in the office of the City Planner of the City of Rancho Cucamonga, at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. The custodian of these documents is the City Planner of the City of Rancho Cucamonga. 10. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,cert(rication and signatures Resolution No. 04-207 Page 5 of 5 PASSED, APPROVED,AND ADOPTED this 16`h day of June 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None Let William J. Alexande , Mayor ATTEST: Deb Adams, MC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the Cityof 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 CityCouncil held on the 16`h day of June 2004. Executed this 17`h day of June 2004, at Rancho Cucamonga, California. A1114C I JZV� De ra J. Adam , C C, City Clerk