HomeMy WebLinkAbout934 - Ordinance ORDINANCE NO. 934
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DEVELOPMENT AGREEMENT DRC2015-00118 BETWEEN THE
CITY OF RANCHO CUCAMONGA AND SC RANCHO
DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING
COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED
USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKES/THE
RESORT) IN PLANNING AREA 1 (PA1), A PROPERTY OF
ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET,
SOUTH OF THE BURLINGTON NORTHERN SANTA FE
RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF
UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES
SPECIFIC PLAN
A. Recitals.
1. The City of Rancho Cucamonga and SC Rancho Development Corp. and Empire
Lakes Holding Company, LLC filed an Application for Development Agreement DRC201 5-001 1 8
as described in the title of this ORDINANCE. Hereinafter in this Ordinance, the subject
Development Agreement is referred to as "the Application." SC Rancho Development Corp. and
Empire Lakes Holding Company, LLC, are the "Applicant."
2. On June 27, 2018, the Planning Commission conducted a duly noticed public
hearing on the Application and adopted Resolution No. 18-17 recommending approval of the
Application.
3. On July 18, 2018, 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, the City Council of the City of Rancho Cucamonga does ordain as
follows:
SECTION 1. 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.
SECTION 2. Based upon the substantial evidence presented to the City Council during
the above-referenced public hearing on July 18, 2018, including written and oral staff reports,
together with public testimony, this City Council hereby specifically finds as follows:
a. The Application was originally reviewed by the Planning Commission
during a public hearing on April 11,2018. The Planning Commission made a recommendation
of approval to the City Council by adopting Resolution No. 18-17.
b. As there was no reference to any requirement or provision for non-
residential development, e.g. commercial retail or office use, in the construction schedule of
the Empire Lakes/The Resort project (hereafter referred to as "the Project"), to remedy this,
the addition of new text to the draft Agreement is proposed that will ensure there is a minimum
Ordinance No. 934 - Page 1 of 5
amount of floor area dedicated to non-residential uses at the time the Joint Use Public Facility
(JUPF) is constructed for the Project.
c. The Application applies to a property that was previously improved with the
Empire Lakes Golf Course, a privately owned and operated 18-hole golf course with an area
of 160 acres.
d. Development of the subject property (the "project site") is governed by the
Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Plan, the City's
Development Code, and the City's General Plan.
e. The Specific Plan, as it was originally approved in 1994, consisted of
eleven (11) "Planning Areas" which are identified with Roman numerals, i.e. Planning Area
IA/IB through X. The project site was within "Planning Area IA", "Planning Area IB", and
(partly) "Planning Area III"of the Specific Plan. Following an amendment to the Specific Plan,
the project site is now in "Planning Area 1 (PA1)".
f. The overall area of the Specific Plan is 347 acres. The Specific Plan is
bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica
Avenue to the west, and 8th Street and the BNSF/Metrolink rail line to the north. The project
site is generally located at the center, and covers about 46%, of the Specific Plan. Both the
Specific Plan and the golf course are bisected into north and south halves by 6th Street.
g. To the east of the project site are multi-family residences within four (4)
apartment complexes. Adjacent to the northeast corner of the project site are office buildings
and the Rancho Cucamonga Metrolink station. To the west of the part of the project site
located south of 6th Street is an office complex comprised of multiple tenants including
Southern California Edison (SCE) and Inland Empire Health Plan (IEHP). To the west of the
part of the project site located north of 6th Street are logistics/manufacturing buildings. To the
north of the project site, beyond the BNSF/Metrolink rail line, are additional
logistics/manufacturing buildings. To the south, on the opposite side of 4th Street, is vacant
land within the City of Ontario.
h. The zoning designations surrounding the Empire Lakes Specific Plan are
as follows: north - Minimum Impact/Heavy Industrial (MI/HI) District; south - Ontario Center
Specific Plan (2254-SP) (in the City of Ontario); east - General Industrial (GI) District and
Industrial Park (IP) District, and Industrial Park (IP) District, (Industrial Commercial Overlay
District (ICOD)); and west - General Industrial (GI) District and Industrial Park (IP) District.
i. Associated with the subject Application are Applications that were
approved by the City Council to amend the General Plan (related file: General Plan
Amendment DRC201 5-001 1 4) on May 18, 2016, and amend the Specific Plan and
Development Code (Related files: Specific Plan Amendment DRC2015-00040 and
Development Code Amendment DRC2015-00115) on June 1, 2016. The purpose of those
Applications is to enable SC Rancho Development Corp. and Empire Lakes Holding
Company, LLC to construct a new mixed use, transit-oriented, high density development
project (the "overall project") within the project site;
j. Per Section 17.22.060 of the Development Code, "Development
Agreements have been determined by the City Council to be beneficial to the public in that:
Development Agreements increase the certainty in the approval of
development projects, thereby preventing the waste of resources,
Ordinance No. 934 - Page 2 of 5
reducing the cost of development to the consumer, and encouraging
investment in and commitment to comprehensive planning, all leading
to the maximum efficient utilization of resources at the least economic
cost to the public.
■ Development Agreements provide assurance to the Applicant for a
development project that upon approval of the project, the Applicant
may proceed with the project in accordance with existing policies, rules
and regulations, and subject to conditions of approval, thereby
strengthening the public planning process, encouraging private
participation in comprehensive planning, and reducing the economic
costs of development.
■ Development Agreements enable the City to plan for and finance public
facilities, including, but not limited to, streets, sewerage, transportation,
drinking water, school, and utility facilities, thereby removing a serious
impediment to the development of new housing."
The Development Agreement (Attachment A) is being made and entered into for the Project to
ensure that the above three goals are fulfilled.
SECTION 3. Based upon the substantial evidence presented to the City Council during
the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs
1 and 2 above, this City Council hereby finds and concludes as follows:
a. The Application is consistent with the objectives, policies, and general land
uses specified in the General Plan and any applicable Specific Plans. The proposed
Development Agreement enables the construction of the overall project within the project site
consistent with the amendments to the General Plan, Empire Lakes Specific Plan, and
Development Code (General Plan Amendment DRC201 5-001 1 4, Specific Plan Amendment
DRC2015-00040, and Development Code Amendment DRC2015-00115, respectively) and
approved by the City Council in 2016.
b. The Application is compatible and in conformity with public convenience,
general welfare, and good land use and zoning practice. The proposed Development Agreement
will increase certainty and provide assurances for subsequent development projects within the
overall project and enable the City to plan for and finance public facilities.
c. The Application will not be detrimental to the health, safety, and general
welfare of the City. The proposed Development Agreement does not substantially change the
overall project, does not introduce new or more severe environmental impacts that were not
already analyzed in the Environmental Impact Report (EIR) (SCH No. 20150410083) that was
certified by the City on May 18, 2016 in connection with the City's approval of General Plan
Amendment DRC201 5-001 1 4, Specific Plan Amendment DRC2015-00040, and Development
Code Amendment DRC201 5-001 1 5.
d. The Application will not adversely affect the orderly development of
property or the preservation of property values. The proposed Development Agreement will
prevent the inefficient use of resources, reduce the public cost of development, and encourage
comprehensive planning.
SECTION 4. Based upon the facts and information contained in the Application, together
with all written and oral reports included for the environmental assessment for the Application, the
City Council finds that no subsequent or supplemental environmental document is required
Ordinance No. 934 - Page 3 of 5
pursuant to the California Environmental Quality Act (CEQA) in connection with the review and
approval of this Application based upon the following findings and determinations:
a. Pursuant to the California Environmental Quality Act (CEQA), the City
certified an Environmental Impact Report (EIR) (SCH No. 20150410083) on May 18, 2016 in
connection with the City's approval of General Plan Amendment DRC201 5-001 1 4, Specific Plan
Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant
to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration
is required in connection with subsequent discretionary approvals of the same project as there
have been a) no substantial changes proposed to the project that indicate new or more severe
impacts on the environment; b) no substantial changes have occurred in the circumstances under
which the project was previously reviewed that indicates new or more severe environmental
impacts; c) no new important information shows the project will have new or more severe impacts
than previously considered; and (d) no additional mitigation measures are now feasible to reduce
impacts or different mitigation measures can be imposed to substantially reduce impacts.
b. The City Council finds, in connection with the proposed Development
Agreement, that substantial changes to the project or the circumstances surrounding the overall
project have not occurred which would create new or more severe impacts than those evaluated
in the previously certified EIR. The purpose of the Development Agreement is to increase
certainty and provide assurances for subsequent development projects within the overall project
and enable the City to plan for and finance public facilities.
c. The City Council further finds that the overall project will not have one or
more significant effects not discussed in the previously certified EIR, 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. The purpose of the
Development Agreement is to increase certainty and provide assurances for subsequent
development projects within the overall project and enable the City to plan for and finance public
facilities.
d. The City Council further finds that no additional environmental review is
required pursuant to CEQA in connection with the City's consideration of the proposed
Development Agreement.
SECTION 5. On the basis of the foregoing, and the totality of the administrative record
before it, the City Council hereby approves Development Agreement DRC201 5-001 1 8 as shown
in Exhibit 1.
SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid,
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional, invalid, or ineffective.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published in the manner prescribed by law.
Ordinance No. 934 - Page 4 of 5
PASSED, APPROVED, AND ADOPTED this 5th day of September, 2018.
L. a nis Michael, ayor
ATTEST:
e• /6 - ' d•AO'
A nice C. Reynolds, Cit'` Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
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 City Council of the City of Rancho Cucamonga held on the 18th day of July 2018, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
5th day of September 2018.
AYES: Kennedy, Michael, Spagnolo, Williams
NOES: Alexander
ABSENT: None
ABSTAINED: None
Executed this 6th day of September 2018, at Rancho Cucamonga, California.
4WX.,(2,CC/49
Ja ice C. Reynolds, City Cibrk
Ordinance No. 934 - Page 5 of 5