HomeMy WebLinkAbout852 - Ordinances ORDINANCE NO. 852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
AMENDMENT TO DEVELOPMENT AGREEMENT 01-01, FOR A
DEVELOPMENT PROJECT CONSISTING OF A MAXIMUM OF
632 RESIDENTIAL LOTS IN THE LOW DENSITY RESIDENTIAL
DISTRICT (2-4 DWELLING UNITS PER ACRE), GENERALLY
LOCATED BETWEEN DAY CREEK CHANNEL AND EAST
AVENUE, NORTH OF 25TH STREET, AS PROVIDED FOR IN
SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE,
FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING
FINDINGS IN SUPPORT THEREOF — APN: 225-071-37, 47, 48,
50, AND-51, 225-081-09, 14, AND 15.
A. Recitals.
1. Chin Yun Yeh Chuang, filed an application for Development Agreement
Amendment DRCDR 01-01 as described in the title of this Ordinance. Hereinafter in this
Ordinance, the subject Development Agreement Amendment is referred to as "the application."
2. On January 25, 2012, the Planning Commission conducted a duly noticed public
hearing on the application and concluded said hearing on that date, after which the Planning
Commission adopted Resolution 12-08, recommending approval of the application.
3. On March 7, 2012, the City Council conducted a duly noticed public hearing on
the application and concluded said hearing on that date.
4. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of
the City of Rancho Cucamonga as follows:
1. Recitals. The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Ordinance are true and correct.
2. Findings. Based upon the substantial evidence presented to the City Council
during the above-referenced public hearing on March 7, 2012, including written and oral staff
reports, together with public testimony, the City Council hereby specifically finds as follows:
a. The property subject to the application (hereinafter, the "subject property')
is comprised of approximately 248 acres of land, generally located north of Wilson Avenue, east
of Day Creek Boulevard and west of Etiwanda Avenue within the Etiwanda North Specific Plan
area.
b. Development of the subject property is governed by the Etiwanda North
Specific Plan area and a development agreement between the City and the applicant.
C. The property to the north of the subject site is designated Flood
Control/Utility Corridor. The property to the west is also Flood Control/Utility Corridor. To the
east is designated Very Low Residential. To the south is designated Low Density Residential,
which is partially developed with single-family homes.
d. Pursuant to the California Environmental Quality Act (CEQA) and the
City's local CEQA Guidelines, an Environmental Impact Report (EIR) (State Clearinghouse
No. 88082915) was prepared and certified by the County of San Bernardino as a Master EIR for
the University/Crest Planned Development in June 1991, and in October 1999. The County of
San Bernardino Board of Supervisors certified a supplement to the EIR (State Clearinghouse
No. 98121091) because of a revision to the University/Crest Planned Development. In August
2001, the City of Rancho Cucamonga prepared an Addendum to address issues associated
with the adoption of the Rancho Etiwanda Development Agreement. The Addendum identified
no substantial changes in the project that would require a major revision to the previous EIR in
connection with the City's approval of Tentative Tract Map SUBTT16226 and SUBTT16227.
e. The application proposes to amend Development Agreement DA01-01 to
amend Section 1. B. Term, to extend the Development Agreement term an additional 5 years
(May 16, 2017) for an approved project of 632 single-family units on approximately 248 acres of
land generally located north of Wilson Avenue, east of Day Creek Boulevard and west of
Etiwanda Avenue within the Etiwanda North Specific Plan area.
f. Under CEQA Guidelines Section 15162, no subsequent or supplemental
EIR or Negative Declaration is required in connection with subsequent discretionary approvals
of the same project unless: (i) substantial changes are proposed to the project that indicate new
or more severe impacts on the environment; (ii) substantial changes have occurred in the
circumstances under which the project was previously reviewed that indicates new or more
severe environmental impacts; or (iii) new important information shows the project will have new
or more severe impacts than previously considered; or (iv) additional mitigation measures are
now feasible to reduce impacts or different mitigation measures can be imposed to substantially
reduce impacts.
g. Substantial changes to the project or the circumstances surrounding the
project have not occurred, which would create new or more severe impacts than those
evaluated in the previously certified EIR. The site has been graded and portions of the site are
under construction consistent with the previously approved applications.
In. The request does not raise or create new environmental impacts not
already considered in that Environmental Impact Report and Supplemental EIR since the
Development Agreement was originally approved on August 1, 2001.
i. The project will not have one or more significant effects not discussed in
the previously certified EIR, and do not have more severe effects than previously analyzed, and
that additional or different mitigation measures are not required to reduce the impacts of the
project to a level of less-than-significant. No changes have been made to the project and there
have not been substantial changes with respect to the circumstances under which the project is
undertaken, which will require major revisions to the previous EIR.
j. As shown in the attached Exhibit "A," the application proposes to amend
Development Agreement DA01-01 to incorporate the related amendment, so that this
amendment will become part of the "Project Approvals" and "Applicable Regulations" as those
terms are defined in the Amended Development Agreement and thereby convey to the applicant
a vested right to develop the area in accordance with these amendments.
Ordinance No. 852 - Page 2 of 7
k. Based on the totality of the administrative record, the City Council finds
that the certified EIR complies with the requirements of CEQA and hereby certifies the certified
EIR as being prepared in compliance with CEQA.
I. Approval of the application would not be materially injurious or detrimental
to the adjacent properties.
M. The findings set forth in this Ordinance reflect the independent judgment
of the Planning Commission.
C. Approval. On the basis of the foregoing and the totality of the administrative record
before it, the City Council hereby approves Development Agreement Amendment DA01-01,
attached as Exhibit "A."
The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to
be published within 15 days after its passage.
Please see the following page
for formal adoption,certification and signatures
Ordinance No. 852 - Page 3 of 7
PASSED, APPROVED, AND ADOPTED this 21st day of March 2012.
AYES: Alexander, Buquet, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
Sam Spagnolo, ayor o Tern
ATTEST:
Jan a C. Reynolds, City C e
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, 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 7t" day of March 2012, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
2151 day of March 2012.
Executed this 22ntl day of March 2012, at Rancho Cucamonga, California.
`Z )14 La, , 4,"'
Jantse C. Reynolds, Cit C erk
Ordinance No. 852 - Page 4 of 7
FIRST ADMEDDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE
_CITY OF RANCHO CUCAMONGA AND CHIN YUN YEH CHUANG
CONCERNING THE REVISED RANCHO ETIWANDA ESTATES PROJECT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First
Amendment") is made and entered into as of this day of 12011, by
and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and
general law city ("City"), and CHIN YUN•YEH CHUANG, an individual ("Property
Owner"), each of whom may be referred to as a Party or collectively as the Parties.
RECITALS
A. On August 1, 2001, the City and A&:J Resources, Incorporated entered
into a development agreement (the "Development Agreement') regarding the
development of that certain real property described in Exhibit "A" to the Development
Agreement.
B. Property Owner is the successor-in-interest to A&J Resources,
Incorporated pursuant to a General .Assignment of Development Agreement dated
July 23,2004.
C. The Parties mutually desire to extend the terms of the Development
Agreement for an additional five years subject to the terms and conditions of the First
Amendment.
D. On January 25,2012, the Planning Commission held a duly noticed public
hearing regarding'the First Amendment, after which it recommended its approval to the
City Council.
E. On [DATE], the City Council held a duly noticed public hearing regarding.
the First Amendment, after which it adopted Ordinance approving the First
Amendment.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, City and Property Owner hereby amend that certain
Development Agreement in the manner set forth below.
FIRST AMENDMENT
I. Section 1, B, Term, of the First Amendment is hereby amended to read as
follows:
"The term of this Development Agreement shall commence on the
effective date of the enacting Ordinance and shall extend for a period of
fifteen (15) years thereafter (the "Term"), unless this Development
Agreement is terminated, modified or extended by circumstances set forth
in this Development Agreement, including, without limitation, the
extensions provided below and any extension attributable to the "force
EXHIBIT A Ordinance No. 852 - Page 5 of 7
majeure" circumstances described in Section 2D5 hereof or by mutual
written consent of the Parties."
"Following the expiration of the Term, this Development
Agreement shall be deemed terminated and of no further force and effect:
provided, however, that such termination shall not affect any right or duty
arising from project entitlements granted prior 10, concurrently with, or
subsequent to the approval of this Development Agreement and the
structures that are developed in accordance with this Development
Agreement and the use of those structures shall continue to be governed
by this Development Agreement for purposes of ensuring, for land use
purposes, that those structures continue to be legal conforming structures
and that those uses continue to be legal conforming uses.-
2. Except as expressly amended by this First Amendment, the Development
Agreement shall remain unmodified and in full force and effect.
3. Pursuant to Section 65868.8 of the Government Code, the Parties shall
mutually assure that a copy of this First Amendment is recorded against the Property
described in Exhibit "A" attached to the Development Agreement, with the County
Recorder of San Bernardino County within 10 days after the Effective Date.
IN WITNESS WHEREOF, City and Property have executed this First
Amendment as of the date first written above.
CITY OF RANCHO CUCAMONGA CHIN YUN YEH CHUANG
By:
Dennis Michael
Mayor
ATTEST:
Janice C. Reynolds
City Clerk
APPROVED AS TO FORM:
James L. Markman
City Attorney
Ordinance No. 852 -Page 6 of 7
Rancho Etiwanda Estates
Legal Descriptions
Exhibit "A"
Tract 16226
Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State
of California, Tract No. 16226, being a subdivision of Parcel 3 of Parcel Map No. 15699,
as shown on Map Filed in Parcel Map Book 210,pages 5; through 56, inclusive,records
of San Bernardino County, State of California.
Tract 16226-1
Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State
of Califomia,.Tract No. 16226-1,being a subdivision of Parcel 1, of Parcel Map No.
15699, as shown on Map Filed in Parcel Map Book 210, pages 53 through 56, inclusive,
records of San Bernardino County, State of California.
Tract 16226-2
Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State
of California, Tract No. 1622&2,being a subdivision of Parcel 2 of Parcel Map No.
15699, as shown on Map Filed_in Parcel Map Book 210,pages 53 through 56,inclusive,
records of San Bernardino County, State of California.
Tract 16227
Legal Description: In the City of Rancho Cucamonga,County of San Bernardino, State
of California, Tract No. 16227,being a subdivision of all of Parcel 2, a portion of Parcel
4 of Day Creek Boulevard, and all of Etiwanda Avenue of Parcel Map No. 15699-1, as
shown on Map Filed in Parcel Map Book 210,pages 49 to 52 inclusive,records of San
Bernardino County, State of California.
Tract 16227-1
Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State
of California, Tract No. 16227, being a subdivision of all of Parcel 1, a portion of Parcel
4 of Day Creek Boulevard, of Parcel Map No. 15699-1, as shown on Map Filed in Parcel
Map Book 210, pages 49 to 52 inclusive,records of San Bernardino County, State of
California
Tract 16227-2
Legal Description: In the City of Rancho Cucamonga, County of San Bernardino, State
of California, Tract No. 16227;being a subdivision of all of Parcel 3, of Parcel Map No-
15699-1, as shown on Map Filed in Parcel Map Book 210,pages 49 to 52 inclusive,
records of San Bernardino County, State of California.
Ordinance No. 852 -Page 7 of 7