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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