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HomeMy WebLinkAbout975 - Ordinance ORDINANCE NO. 975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING SPECIFIC PLAN AMENDMENT DRC2020-00254, TO AMEND THE EMPIRE LAKES SPECIFIC PLAN, A SPECIFIC PLAN THAT APPLIES TO PROPERTIES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BNSF/METROLINK RAIL LINE, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, TO DELETE TEXT WITHIN THE SPECIFIC PLAN DOCUMENT RELATING TO STREET INFRASTRUCTURE AND PRIVATE OPEN SPACE AREAS A. Recitals. 1. The City of Rancho Cucamonga initiated an application for Specific Plan Amendment DRC2020-00254 as described in the title of this ORDINANCE. Hereinafter in this Ordinance, the subject Specific Plan Amendment is referred to as "the Application." 2. On August 12, 2020, the Planning Commission conducted a duly noticed public hearing on the Application and adopted Resolution No. 20-40 recommending approval of the Application. 3. On September 16, 2020, 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 August 12, 2020. The Planning Commission made a recommendation of approval to the City Council by adopting Resolution No. 20-40. b. The application applies to a property that is currently in various phases of development and construction by the master developer (SC Rancho Development Corp. and Empire Lakes Holding Company, LLC) and their merchant builders; Ordinance No. 975 - Page 1 of 5 C. Development of the subject property is governed by the Empire Lakes Specific Plan, the City's Development Code, and the City's General Plan; d. The Specific Plan, as it was amended in 2016, consists of several "Planning Areas". The subject properties are within "Planning Area 1" of the Specific Plan; e. The subject properties are within a project site of 160-acres located in the Specific Plan. The Specific Plan has an overall area of 347-acres and is generally 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 subject property is generally located at the center of the Specific Plan. Both the Specific Plan and the project site are bisected into south and north halves by 6th Street; f. The City Council approved General Plan Amendment DRC2015- 00114 on May 18, 2016, and Specific Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-00115 on June 1, 2016. These amendments enabled the property owner (master developer) SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, and subsequent merchant builders to develop a new mixed use and transit-oriented project("Empire Lakes/The Resort"; hereafter referred to as "the Project"); g. Concurrent with this application is an application for Development Agreement Amendment DRC2020-00124. The purpose of that application is to amend several terms that are in the original Development Agreement (DRC2015-00118) that the City Council adopted on September 5, 2018 (hereafter referred to as "the Agreement"). The Agreement became effective on October 8, 2018 and it was recorded with the County of San Bernardino on November 26, 2018; h. The proposed amendment to the Specific Plan is in response to the above-noted proposed amendment to the Agreement (specifically, Amendment #2). The amendment to the Specific Plan deletes text describing the details of the required temporary connection between 6` and 7th Streets as shown in Attachment A. i. This will provide the City the flexibility to implement the conceptual street framework that has been developed by the City. It also removes any impediment to the completion of the area of the Project located south of 6m Street, by the master developer and their merchant builders, while the City incorporates the street framework via the City's separate amendment to the Specific Plan (DRC2020-00164). The location of the text that will be deleted is Appendix A, Section 7.0, on pages A-32 and -36. 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 Specific Plan Amendment 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 DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115, Ordinance No. 975 - Page 2 of 5 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 Specific Plan Amendment 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 Specific Plan Amendment 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 DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. d. The Application will not adversely affect the orderly development of property or the preservation of property values. The proposed Specific Plan Amendment 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 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 DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CECA 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 nowfeasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The City Council finds, in connection with the proposed Specific Plan Amendment, 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 Specific Plan amendment is to delete text describing the details of the required temporary connection between 6th and 7th Streets that is no longer required. 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 Ordinance No. 975 - Page 3 of 5 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 Specific Plan amendment is to delete text describing the details of the required temporary connection between 6th and 71h Streets that is no longer required; 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 Specific Plan Amendment DRC2020- 00254 as shown in Attachment A. 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. 975 - Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 71h day of October, 2020. TXdl e B. Kenne ayor o TernATTEST: I°. ice C. Reynolds, CI rk 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 16th day of September 2020, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of October 2020. AYES: Hutchison, Kennedy, Scott, Spagnolo NOES: None ABSENT: Michael ABSTAINED: None Executed this 8th day of August 2020, at Rancho Cucamonga, California. 0&st� e. A�q�� tly'Lnice C. Reynolds, CI rk Ordinance No. 975 - Page 5 of 5 7,0 Street Improvement Development of PAI will include street improvements to 4th Street and 6th Street, as well as the construction of the Vine and other Secondary roads The street improvements will be constructed in three f3) phases Phase I will include the following • Reconstruction of 4th Street median to provide for left turn movements into the Vine and the construction of the new intersection at the Vine, • Construction of the Vine, full width; between 4th Street and 6th Street;and • Reconstruction of 6th Street median to allow for left turn movements into the Vine and the construction of the new intersection at the Vine Phase 2 will include the following • Full width construction of the Vine between 6th Street and 7th Street East and • Construction of 7th Street East and West, including the reconstruction of existing knuckle designs at 7th Street and Cleveland Avenue and 7th Street and Anaheim Place It should be noted that additional right-of-way will be required from APN 0209-272-17 to extend 7th Street from Anaheim Place to the project boundary Pnose 3 will include the following • Extension of the Vine northerly from 7th Street East to Planning Area N-3 and • The Secondary road along the frontage of Planning Area N-3 All Phases of the project should have connectivity to the Metrolink station in `iPECIFIC PLAN AMENDMENT order to fulfill the intent of the project To ensure access to the station from l)RC2020-00254 Phase 1 (while either Phases 2 and 3 are being graded and/or under construction, or are dormant due to market conditions)the construction of on access connection between 4th Street and the existing intersection of Anaheim TEXT TO BE DELETED.•----► Place and 7th Street near the Metrolink station, shall be completed prior to the 400th certificate of occupancy in Phase I to the satisfaction of the City This requirement may be satisfied north of 6th street with a temporary rood condition with the fallowing minimurn features 26-foot wide roadway with 3-inch AC over compacted native soil, asphalt curb and gutter, a 6.5400t wide asphalt sidewalk on one side temporary street lights (i e. non Cty Empire Lakes ATTACHMENT A standard), and no landscaping in the alignment, all generally depicted on the Figure A-22: Conceptual Phase 2 Street Improvement Facilities Plan "Interim Access Connection " The access connection shall have chain link fencing on both sides to protect against trespassing and vandalism on the adjacent property The City shall accept a temporary easement and be responsible for liability The Applicant shall SPECIFIC PLAN AMENDMENT be responsible for the ongoing operation and maintenance of the pavement and DRC2020-00254 street lights The City, to the extent allowed by law, shall restrict vehicles over 3-tons along the temporary access. TEXT TO BE DELETED...••••-*► It is acknowledged by the City that the access connection may not be available during periods of construction of the permanent segments of the Vine and 7th Street, grading operations, and maintenance and repair of the access connector ,Applicant and City will coordinate traffic control functions to insure delays are minimized No additional alternative access facility will be required of Applicant during these down times. Traffic Control signs will direct traffic via detours to the next shortest available route off-site between Phase l (South of 6th) and the Rancho Cucamonga Metrolink Station 8,0 Dry Ublibes PAI is within the service areas of the following utility purveyors. Electricity: Rancho Cucamonga Municipal Utility(RCMU)will be the primary electric service provider Natural Gas: Southern California Gas Company Telephone Verizon Cable Television. Charter Communications Southern California Edison, Southern California Gas. Verizon, and Charter Communications have indicated that they have sufficient backbone facilities in place to provide for the phased and ultimate utility service demands of the project. Minor to moderate main line facility extensions will be required by the utility purveyors to ensure adequate service Charter Communications has a duct bank system along the south side of East 6Ih Street that has capacity to serve the development In addition, high-speed internet services may be available from RCMU ` Empire Lakes ` a