HomeMy WebLinkAbout993 - Ordinance ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING DEVELOPMENT
AGREEMENT DRC2021-00175 BETWEEN THE CITY OF
RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P.,
TO FACILITATE THE DEVELOPMENT OF TWO NEW
INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY
666,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE
PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST
OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND
MAKING FINDINGS IN SUPPORT THEREOF — APN: 0229-291-
46 AND 54
A. Recitals.
1. WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P.
(the "Applicant"), filed an application for and negotiated the terms of Development Agreement
DRC2021-00175, as described in the title of this Ordinance and attached hereto as Exhibit 1.
Hereinafter in this Ordinance, the subject development agreement is referred to as the
"application" or the "Development Agreement;" and
2. WHEREAS, On December 8, 2021, 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 at which point the Planning Commission voted unanimously to
recommend that the City Council approve Development Agreement DRC2021-00175; and
3. WHEREAS, On January 5, 2022, the City Council conducted a duly noticed public
hearing, concluded said hearing on that date, and thereafter introduced for first reading this
Ordinance ; and
4. WHEREAS, 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 January 5, 2022, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The application applies to the approximately 35-acre project site which
comprises two parcels, APN: 0229-291-46 and 0229-291-54. The project site is located
approximately 650 feet east of Etiwanda Avenue, north of Napa Street. The project site is
largely vacant, with an existing rail spur running in a north-south orientation roughly bisecting
the site which serves properties to the south and existing Southern California Edison (SCE)
Ordinance No. 993- Page 1 of 6
overhead powerlines traversing the site in an east-west orientation. The existing rail spur is
proposed to remain; however, the existing overhead SCE powerlines are proposed to be
relocated, running east-west at the northern property line within the western portion of the
project site, at which point the lines would turn south, and near the frontage of the property be
made to run roughly parallel to Napa Street within the eastern portion of the project site. The
proposed project includes the construction of one new north-south street which will be located
along the westerly property line of the project area and will be designed to eventually connect
to a future east-west street located immediately south of the Metrolink railway and parallel to
Napa Street; and
b. Concurrent with this application, the Applicant represented that it will apply
to the San Bernardino County Local Area Formation Commission for Annexation (DRC2020-
00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of
Rancho Cucamonga, among other conforming changes of organization; General Plan
Amendment (DRC2020-00184) to assign a land use designation to parcels, and portions
thereof, to be annexed; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation to
those parcels to be annexed; Tentative Parcel Map (SUBTPM20251) to create two new
parcels; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317)
and Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of
the proposed project; and
C. Development of the project is governed by the City's General Plan,
Development Code, all entitlements associated with the project, and the subject Development
Agreement between the City and Owner's predecessor in interest; and
d. The existing Land Use, General Plan and Zoning Designations for the
project site and adjacent properties are as follows:
Land Use General Plan Zoning*
Industrial Employment
Industrial Employment District (for (IE) District (for portion
portion within City); General within City); Regional
Site Vacant Industrial (GI)/General Industrial (I- Industrial (IR) (within
G) (for portion within County) and General
County/Fontana SOI) Industrial (M-2) (for
portion within Fontana
SOI)
North Industrial Industrial Employment District Neo-Industrial (NI)
District
Regional Industrial (IR);
Industrial General Industrial (GI), Special Kaiser Commerce
South (County/Fontana Development (SD)/General Center Specific Plan
SOI) Industrial (I-G) (within (KC/SP)/General
County/Fontana SOI) Industrial (M-2) (within
County/Fontana SOI)
Ordinance No. 993 - Page 2 of 6
Industrial and Industrial Employment
West East Etiwanda Industrial Employment District (IE) District
Creek
Open Space (OS) and General Regional Industrial
East San Sevaine Industrial (GI) (within (IR)/Open Space-Natural
Channel County/Fontana SOI) (OS-N) (within
County/Fontana SOI)
*Prior to the adoption of Ordinance 982,the Industrial Employment(IE)zoning district was referred to as the Heavy Industrial(HI)district and
the Neo-Industrial(NI)district was referred to as the General Industrial(GI)district.
e. The Project is for the development of two new industrial warehouse
buildings on two new parcels of land: Building A will total approximately 500,648 square feet
including approximately 10,000 square feet of office space and Building B will total
approximately 155,230 square feet and include an office area of approximately 10,000 square
feet square feet. The Project requires 183 parking stalls and 79 trailer loading stalls for
Building A and 97 parking stalls and 20 trailer loading stalls for Building B. Accordingly, the
Project provides 275 parking stalls and 87 trailer loading stalls for Building A, and 108 parking
stalls and 20 trailer loading stalls for Building B; and
f. As part of the Project, and in accordance with the California Environmental
Quality Act ("CEQA"), the City has prepared Environmental Impact Report SCH No.
2020090076 (EIR), which analyzed the potential environmental impacts of the Project and
related approvals; and
g. Pursuant to Section 17.22.060 of the Development Code, Development
Agreements have been determined to be beneficial to the public in that:
i. Development Agreements increase the certainty in the approval of
development projects,thereby preventing the waste of resources, 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.
ii. 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.
iii. 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."
h. The proposed Development Agreement Amendment is being made and
entered into for the Project to ensure that the above three goals are fulfilled; and
Ordinance No. 993- Page 3 of 6
i. The Project complies with all requirements of the Development Code
including setbacks, parking, design, and landscape coverage; and
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 Sections
1 and 2 above, the City Council hereby finds and concludes as follows:
a. The proposed Project is consistent with the General Plan. The proposed
industrial warehouse project will be consistent with the General Plan with the approval of General
Plan Amendment DRC2020-00184. The Project site comprises two parcels: APN: 0229-291-54
and 0229-291-46. APN: 0229-291-54 which is located within the City of Rancho Cucamonga and
has a general plan land use designation of Industrial Employment District. APN: 0229-291-46
which is currently located within unincorporated San Bernardino County and within the City of
Fontana's Sphere of Influence and which is proposed to be annexed into the City of Rancho
Cucamonga as part of this project, has a general plan land use designation by San Bernardino
County of General Industrial (GI) and a land use designation by the City of Fontana as General
Industrial (I-G). Concurrent with the proposed annexation, the proposed General Plan
Amendment will amend the land use designation of the parcels to be annexed to Industrial
Employment District, a land use designation which permits the proposed industrial use.
b. The proposed use is in accord with the objective of the Development Code
and the purposes of the district in which the site is located. Storage Warehouses are permitted
within the Industrial Employment (IE) District subject to the approval of a Conditional Use Permit.
Conditional Use Permit DRC2021-00317 was submitted for the operation of a Storage
Warehouse. The Project will be in compliance with the Zoning Map with approval of the related
Pre-Zoning DRC2020-00186, which will amend the zoning designation of the parcels to be
annexed to a pre-zoning designation of Industrial Employment (IE) District.
C. The proposed use is in compliance with each of the applicable provisions
of the Development Code. The Project will be in compliance with the Development Code with
approval of the related General Plan Amendment DRC2020-00184 and Pre-Zoning DRC2020-
00186. Storage Warehouses are permitted within the Industrial Employment(IE) District upon the
approval of a Conditional Use Permit. The Project complies with all other development criteria
outlined in the Development Code including setbacks, parking and design.
d. The proposed use, together with the conditions applicable thereto, will not
be detrimental to the public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity. The related environmental review outlines potential environmental
impacts related to the Project and identifies project-specific mitigation measures that reduce these
impacts to less-than-significant. The proposed use will not be detrimental to the public health,
safety, or welfare, or be materially injurious to properties or improvements in the vicinity.
SECTION 4. The Development Agreement, in addition to the Annexation, Pre-Zoning,
General Plan Amendment, Tentative Parcel Map, Design Review, Conditional Use Permit and
Uniform Sign Program (collectively, the"Project") were environmentally reviewed pursuant to the
California Environmental Quality Act(CEQA) and the State CEQA Guidelines. Pursuant to CEQA
Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the
Project, and therefore prepared an environmental impact report (EIR) that focused on the
potentially significant effects of the Project. By separate Resolution No. 2022-006,the City Council
has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii)
adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022-
Ordinance No. 993- Page 4 of 6
006is incorporated herein by reference, and made a part hereof as if fully set forth herein. The
documents and other materials that constitute the record on which this determination was made
are located in the Planning Department and are in the custody of the Planning Director. Further,
the mitigation measures set forth therein are made applicable to the Project.
SECTION 5. On the basis of the foregoing and the totality of the administrative record
before it, the City Council hereby approves Development Agreement DRC2021-00175 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. 993 - Page 5 of 6
PASSED, APPROVED, AND ADOPTED this 19th day of January, 2022.
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ATTEST:
4CA*iceC. ynolds, erk
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 5th day of January 2022, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
19th day of January 2022.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 20th day of January 2022, at Rancho Cucamonga, California.
e4nAiceC. ynolds, lerk
Ordinance No. 993- Page 6 of 6