HomeMy WebLinkAbout03-51 - Resolutions RESOLUTION NO. 03-51
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
AMEND DEVELOPMENT AGREEMENT 00-02 (DRC2003-00157), A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO
CUCAMONGA AND 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 BETWEEN DAY CREEK CHANNEL AND HANLEY
AVENUE - TENTATIVE TRACT MAPS 14493 THROUGH 14498, 14522,
14523, 15838, AND 15902.
A. Recitals.
1. Rancho Etiwanda 685, LLC., filed an application for the Second Amendment to
Development Agreement 00-02, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Agreement is referred to as "the application."
2. On November 29, 2000, the City and UCP, Inc. entered into a Development Agreement
which set forth specific rules, regulations, permitting procedures, land use entitlements, and other
design and infrastructure specifications for the development of the project referred to as Rancho
Etiwanda.
3. On April 3, 2001, UCP, Inc. declared its intent to assign its interest in the Development
Agreement to Rancho Etiwanda 685, LLC, a related entity; the assignment was approved by the City
Council on April 18, 2001.
4. Subsequently on September 16, 2001, the City Council further approved the partial
assignment of interest for portions of the project to various homebuilders for individual tracts within
the project.
5. And on October 17, 2001, Rancho Etiwanda 685, LLC. and the City amended the
provisions of the Development Agreement with regard to certain circulation issues, timing of
development and fees, and the general management of the Project site.
6. The subject property of the Development Agreement is legally described herein.
7. A true and correct copy of the proposed Second Amendment to Development Agreement
00-02 is attached as Exhibit "A" to the attached draft Ordinance.
8. According to Section 15061(b)(3) of the CEQA Guidelines, the proposed Amendment is
deemed exempt from further CEQA clearance. 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 to the Development Agreement will not result in any potential
environmental impact, since no significant biological, geological, or historical resources are known to
exist on-site.
9. All legal prerequisites prior to the adoption of this Resolution have occurred.
PLANNING COMMISSION RESOLUTION NO. 03-51
DRC2003-00157 — RANCHO ETIWANDA 685, LLC.
March 26, 2003
Page 2
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. This Commission hereby specifically finds that the proposed Second Amendment to
Development Agreement 00-02 and each and every term and provision contained herein conform to
the General Plan of the City of Rancho Cucamonga.
3. This Commission hereby recommends approval of the Second Amendment to
Development Agreement 00-02 attached as Exhibit "A" of the attached draft Ordinance.
4. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 26TH DAY OF MARCH 2003.
PLANNING CO MISSION OF THE CITY OF RANCHO CUCAMONGA
BY: /�'" kl
IzAarry T.V 4iel, Chairman
ATTEST:
Brad Bul reta
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 26th day of March 2003, by the following vote-to-wit:
AYES: COMMISSIONERS: MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
ORDINANCE NO.
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
CUCAMONGA AND RANCHO ETIWANDA685, LLC. FORTHE 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 14493THROUGH 14498,
14522, 14523, 15838 AND 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."
4. Attached to this Ordinance, marked as Exhibit "A" 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.
CITY COUNCIL ORDINANCE NO.
DA 00-02 — RANCHO ETIWANDA 685, LLC
Page 2
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 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 of this 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 forth 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 CEQA clearance.
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 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.
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 as Exhibit "A".
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.
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 00-02
• Section 2(C)(9)(c)(iii) of the Development Agreement shall be amended to read as follows:
"Traffic signals shall be installed on Day Creek Boulevard at its intersections
with Wilson Avenue, Banyan Avenue, and Vintage Drive. The traffic signal at
the intersection of Banyan Avenue and Day Creek Boulevard shall be installed
prior to the issuance of the four hundredth (400`h) building permit or earlier if
possible. The other traffic signals shall be installed by the end of the Project
development, or earlier if determined to be warranted by the City Engineer."
• Section 2(D)(1)(a) of the Development Agreement shall be amended to read as follows:
"Property Owner agrees to construct Banyan Avenue to Rochester Avenue
prior to the issuance of the five hundredth (500`h) building permit. However, if,
for any reason not within the control of the City or the Property Owner, the City
cannot obtain the Permits so that Property Owner can complete the
improvements prior to the issuance of the building permit for the five
hundredth (5001h) such unit, Property Owner shall be entitled to either deposit
with the City a sum of cash or letter of credit equal to two-hundred percent
(200%) of the projected actual cost, either total or partial, of the construction of
the improvements in full and complete satisfaction of its obligation, and to be
relieved of any further restrictions on the issuance of building permits. If the
City is required to construct these improvements because of the Property
Owner's failure or inability to do so, then Property Owner shall be entitled to
an accounting for the City's use of the funds to complete the improvements,
and to a refund of monies not used for such improvements."
• Section 2(D)(2) of the Development Agreement shall be amended to read as follows:
"Property Owner agrees to construct the Park (as defined in the Revised
University Project Entitlements), and such construction shall be substantially
complete no later than the issuance of the five hundredth (500'h) building
permit in the Project. The Park site shall be in substantial conformity with the
depiction on Exhibit "S" as well as in conformance with ADA standards,
except that the Parties agree that the Park will be constructed with up to four
(4) lit basketball courts and two (2) lit ball fields. The Parties agree that the
product specifications for the Park amenities are listed on Exhibits "S-1"
through "S-2" and that such amenities shall conform to City standards. The
quantities and sizes of the amenities and materials shall be as depicted on
Exhibit "S-3" and any remaining issues shall conform to City standards. The
Parties agree that the Property Owner shall be required to have all
homeowners within the Project sign an acknowledgment form (the "form")
regarding the Park. The form shall be reviewed and approved by the City
Planner and City Engineer prior to the issuance of the first building permit. The
City agrees to promptly process all applications and permits consistent with
its usual and customary procedures. The City agrees that through dedication
of 10 acres and construction of the Park, Property Owner will exceed, through
its construction costs, all requirements of the City's parks fees and applicable
standards. The City waives any requirement for payment of a Park fee against
the Revised University Project. Property Owner shall dedicate the Park to the
City and the City shall accept the dedication promptly upon completion. The
City reserves the right to name the Park."
EXHIBIT A