HomeMy WebLinkAbout02-103 - Resolutions RESOLUTION NO. 02-103
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF
AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO
ENTER INTO DEVELOPMENT AGREEMENT DRC2002-00770, TO
ESTABLISH A UNIQUE PARKING RATIO FOR A SENIOR APARTMENT
PROJECT, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN
AVENUE AND 6TH STREET AND PROVIDED FOR IN SECTION 65864 OF
THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY
DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Kisco Senior Living filed an application for Development Agreement, as described in the
title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is
referred to as "the application."
2. On October 23, 2002, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that date.
3. The subject property of the Development Agreement is legally described herein.
4. A true and correct copy of the proposed Development Agreement is attached as
Exhibit "A" to the staff report.
5. 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 Planning Commission
of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing on October 23, 2002, including written and oral staff reports, togetherwith
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to property located within the City; and
b. The proposed amendment will not have a significant impact on the environment;
and
C. The proposed amendment will provide for development of senior housing serving
the special housing needs of the elderly.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
PLANNING COMMISSION RESOLUTION NO. 02-103
DRC2002-00770— KISCO SENIOR LIVING
October 23, 2002
Page 2
a. This Development Agreement does not conflict with the Land Use Policies of the
General Plan and will provide for development, within the district, in a manner consistent with the
General Plan and with related development; and
b. This Development Agreement will promote the goals and objectives of the
Development Code and the Subarea 18 Specific Plan; and
C. The proposed Development Agreement will not be detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in the vicinity; and
d. The subject application is consistent with the objectives the Development Code and
the Subarea 18 Specific Plan; and
e. The proposed Development Agreement is in conformance with the General Plan.
4. This project is based on the Environmental Impact Reports prepared for the Subarea 18
Specific Plan and the General Plan Update certified by the City of Rancho Cucamonga in 1994 and
2001, respectively. This project is within the scope of these prior environmental documents and
does not raise or create new environmental impacts not already considered in the certified EIRs.
The Planning Commission hereby finds that the Development Agreement is exempt from further
environmental review pursuant to California CEQA Guidelines Section 15061(b-3) and Rancho
Cucamonga CEQA Guidelines Section F(10).
5. This Commission hereby recommends approval of the Development Agreement listed as
Exhibit "A" of the staff report subject to each and every condition set forth below:
Planning Division
1) The applicant shall agree to defend at his sole expense any action
brought against the City, its agents, officers, or employees, because
of the issuance of such approval, or in the alternative, to relinquish
such approval. The applicant shall reimburse the City, its agents,
officers, or employees, for any court costs and attomey s fees which
the City, its agents, officers, or employees may be required by a court
to pay as a result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of his obligation under
this condition.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 2002.
PLANNING COMMISSION OFTHECITY OF RANCHO CUCAMONGA
BY: �
Larry T cNiel, Chairman
PLANNING COMMISSION RESOLUTION NO. 02-103
DRC2002-00770— KISCO SENIOR LIVING
October 23, 2002
Page 3
ATTEST:
�radller,.8 retary
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 23rd day of October 2002, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MANNERINO