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HomeMy WebLinkAbout88-217 - Resolutions RESOLUTION NO. 88-217 A RESOLUTION OF THE PLANNING COMMISSION OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT AGREEMENT 88- 03 (AHMANSON DEVELOPMENTS, INC. ) FOR APPROXIMATELY 53 ACRES OF VACANT LAND LOCATED AT THE SOUTHWEST CORNER OF ETIWANDA AVENUE AND 25TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-082-01. A. Recitals. (i ) California Government Code Section 56864 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 the 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 existing polices, 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. (ii ) California Government Code Section 56865 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. . ." (iii ) California Government Code Section 56865.2 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 provision 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. . ." PLANNING COMMISSION RESOLUTION NO. 88-217 DA 88-03 - Ahmanson Developments, Inc. October 26, 1988 Page 2 (iv) Attached to this Resolution, marked as Exhibit "1" and incorporated herein by this reference, is proposed Development Agreement 88-03 concerning that property located at the southwest corner of Etiwanda Avenue and 25th Street, and as legally described in the attached Development Agreement. Hereinafter in this Resolution, that Agreement attached hereto as Exhibit "1" is referred to as "the Development Agreement". (v) Concurrent with this Resolution recommending approval of this Development Agreement, the Planning Commission has adopted a Resolution recommending approval of Development District Amendment 88-07 for the purpose of pre-zoning the property to Low Density Residential (2-4 dwelling units per acre) . (vi) On October 26, 1988, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the proposed Development Agreement and concluded said hearing on that date. (vii ) All legal prerequisites prior to the adoption of this Resolution have occurred. B. NOW, THEREFORE, it is hereby 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. In conjunction with this Development Agreement, an Environmental Assessment, in conformity with the requirements of the California Environmental Quality Act, has been prepared. The Commission has determined that this project would not have a significant adverse effect on the environment, and hereby adopts a finding of no significant impact on the environment and recommends issuance of a Negative Declaration by the City Council . 3. This Commission specifically finds that: (a) The location, design, and proposed uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. (b) The Development Agreement conforms to the General Plan of the City of Rancho Cucamonga. 4. It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. 5. This Commission recommends approval of the Development Agreement attached hereto as Exhibit "1". PLANNING COMMISSION RESOLUTION NO. 88-217 DA 88-03 - Ahmanson Developments, Inc. October 26, 1988 Page 3 APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER, 1988. PLANNING CM) ISSION OF THE CITY OF RANCHO CUCAMONGA BY: a1: 1st • 2t,1 ' 'Cyr i ATTEST: '[.f .4e :r- ��Tr 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 October, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, EMERICK, MCNIEL,TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE EXHIBIT 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Beverly A. Authelet City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into as of the thirty-first day following final adoption of the ordinance approving it (hereinafter, the "Effective Date") by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation ("City" hereinafter) and AHMANSON DEVELOPMENTS, INC. (hereinafter referred to as "Developer") . WITNESSETH: A. Recitals. (i ) California Government Code Section 65864 provides 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 development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the 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 existing policies, -1- 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." (ii ) 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. . . ." (iii ) California Government Code Section 65865.2 provides 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 action, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time." (iv) Developer owns fee title in and to that real property consisting of approximately 53 acres in the unincorporated area of San Bernardino County now proposed for annexation to City. Said property is legally described in Exhibit "A" attached hereto and hereinafter is referred to as "the Site". -2- (v) City's General Plan Designation for the Site is Low Density Residential (two to four units per acre) . Developer and City desire to provide through this Development Agreement specific development criteria to be applicable to the Site upon its annexation to City which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. (vi ) This Agreement is entered into pursuant to the provisions of Article 2.5 of Chapter 4, Title 7 of the California Government Code commencing with Section 65864 thereof. (vii ) City has determined that the use and intensity of use provided in this Development Agreement is consistent with the General Plan. (viii ) As part of the process of approving this Agreement, City has undertaken, pursuant to the California Environmental Quality Act ("CEQA") , the required analyses of the environmental effects which would be caused by the agreement and adopted a resolution documenting compliance with CEQA. (ix) As further consideration for the assurances provided by this Agreement to Developer that Developer will not be prevented from developing the Property, City has requested that Developer provide, and is willing to provide, certain additional sums and agreements to construct and transfer to the public certain additional improvements. B. Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. The parties hereby agree that City's zoning and prezoning designation for the Site hereby is deemed to be Low Residential (L) subject to the specific terms and provisions hereof which shall supersede conflicting standards and requirements of the Low Residential (L) District so long as this agreement is in full force and effect. The duration of this Development Agreement shall be seven (7) years following the Effective Date, that is, upon -3- the expiration of the seven (7) year period commencing immediately after the Effective Date, if Developer has not then performed construction work on the Site or any portion or portions thereof pursuant to a building permit or permits issued by City, the Site or any such portion or portions thereof shall then be deemed to be zoned Low Residential (L) and the development of the Site then and thereafter shall be governed accordingly by the then current provisions of the City's Zoning Ordinance as to L zoning or the then applicable specific plan and/or zoning category succeeding thereto. For the foregoing purpose, construction work shall not include preparation of plans, engineering work or grading. 2. The following development standards and conditions shall govern the development of the Site during the term hereof, subject to the provisions of paragraph 1 hereinabove: A. City shall allow the Site to be developed to a density of up to two and a quarter (2.25) per acre, calculated in accordance with City's method of calculation specified in its Development Code as of the Effective Date. Developer may apply for any density within the standards of the Low Residential (L) zone. B. When and if requested by Developer from time to time, City shall use its best efforts to initiate and process to completion proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, the Municipal Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, and any and all other available proceedings to provide for public conduit financing for the construction of public improvements required as a condition to development of the Site or any portion or portions thereof. C. In lieu of the dedication of land located within the Site, Developer shall pay City's park fees required due to the residential development of the Site. Said park fees shall be calculated in accordance with standards in effect at the time any such fees are due and owing. As to residential development within any final tract, said park fees shall be payable for a lot contained within a final tract when City releases utilities -4- for occupancy of that lot for residential use. D. Subject to subparagraphs 2.E and F hereinbelow, Developer shall pay any and all City fees required as a result of development of the Site, or any portion or portions thereof, at rates current at the time payable, including, but not limited to, beautification fees, park fees, systems development fees, building permit fees, plan check fees and drainage fees. E. Developer may request and City shall extend to Developer credit against required drainage fees only to the extent of Developer's direct construction costs incurred in constructing permanent storm drain drainage facilities required by City as a condition of developing the Site or any portion or portions thereof. F. Developer may request and City shall extend to Developer credit against required systems development fees only to the extent of Developer's direct construction costs incurred in constructing oversized facilities (i .e., facilities sized to service areas located outside of the site) which are not located within the site, or abutting the site. However, if traffic signals are required by this development, the Developer shall be entitled to credit against required systems development fees to the extent above the Developer's fair share. G. Developer shall consent to the creation of an assessment district or districts to provide for the construction and maintenance of any and all lighting and landscaping within public rights-of-way within the Site or abutting the Site pursuant to the Landscaping and Lighting Act of 1972 or, if applicable, Developer shall consent to an annexation or annexations of the Site or any portion or portions thereof to an existing assessment district formulated under said Act for that purpose. H. If required by City as a condition of development of the Site or any portion or portions thereof, Developer shall consent to the application of the Mello-Roos Facilities Act of 1982 thereto to construct and maintain facilities and/or to purchase and maintain equipment reasonably -5- necessary to provide fire protection services to the Site or the applicable portion or portions thereof. I. If required by City as a condition of development of the Site or any portion or portions thereof, Developer shall consent to the application of the Mello-Roos Facilities Act of 1982 thereto, or Developer contribution of equivalent funds, to construct regional drainage facilities. J. If the City vacates 25th Street, the southern half of the public right-of-way shall revert to the property owner and the northern half of the public right-of-way shall be retained by the City for drainage purposes. To facilitate these changes, the City shall include the entire right-of-way for 25th Street in the Annexation request. K. Developer shall provide each prospective buyer written notice of the potential Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a deposit on any property. 3. Except as expressly modified herein, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, its Development Code, as amended, building code, electrical code, fire code and plumbing code shall apply to the development of the Site pursuant to this Development Agreement. Further, any terms or phrases contained herein for which there are definitions provided in City's said Development Code shall be deemed to be utilized in accordance with those definitions. 4. In accordance with California Government Code Section 65868.5, a certified copy of this Agreement shall be recorded with the Recorder of San Bernardino County, California, immediately upon this Agreement becoming effective. 5. The parties further agree as follows: -6- A. Except as expressly set forth in this Agreement, no representations of any kind or character have been made to one another by any of the parties hereto or by any of the parties' agents, representatives, associates or attorneys with respect to each subject to which this Agreement relates. B. This Agreement contains the entire agreement of the parties with respect to each subject to which it relates. C. This Agreement can only be amended in writing, which writing must first be executed by all of the parties hereto. D. No provision of this Agreement may be waived, except in writing, which writing must be executed by all of the parties hereto. E. The parties hereto each agree that they shall execute and deliver to the other, upon request so to do, any and all documents reasonable and necessary to accomplish or evidence the agreements contained in or contemplated by this Agreement. F. In the event that any party should default in one or more of its obligations provided in or contemplated by this Agreement, the defaulting party shall pay to the other all expenses incurred in connection with efforts to enforce such obligation, including reasonable attorneys' fees and costs, whether or not suit be commenced. G. This Agreement, all other documents and agreements provided in or contemplated hereby, and all rights and obligations arising therefrom shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. 6. Annual Review. City and Developer shall review the performance of this Agreement, and the development of the property, at least once in every 12-month period from the date hereof. As part of such annual review, within 30 days after each anniversary of this Agreement, Developer shall deliver to City all information reasonably requested by City (i ) regarding Developer's -7- performance under this Agreement demonstrating that Developer has complied in good faith with terms of this Agreement and (ii ) as required by the City's Existing Ordinances. If as a result of such annual review, City finds and determines, on the basis of substantial evidence, that Developer has not complied in good faith with any of the terms of conditions of this Agreement, City may terminate this Agreement. 7. Covenants Run with the Land. All of the provisions, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of law or in any manner whatsoever and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law. Each covenant to do or refrain from doing some act on the Property hereunder (A) is for the benefit of and is a burden upon every portion of the Property, (B) runs with such lands and (C) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and each person having any interest therein derived in any manner thorough any owner of such lands, or any portion thereof, and shall benefit each party and its lands hereunder, and each other person succeeding to an interest in such lands. Notwithstanding any of the foregoing or in this Agreement to the contrary, any assignee or transferee or mortgagee which acquires any right or interest in or with respect to the Property or any portion thereof shall take and hold such rights and interests subject to this Agreement and shall not have been deemed to have assumed the Developer's obligations or the other affirmative duties and obligations of Developer hereunder except: -8- (i ) to the extent that any of such assignees, transferees or mortgagees have expressly assumed any of the duties or obligations of Developer hereunder; (ii ) if any such assignee, transferee or mortgagee accepts, holds, or attempts to exercise or enjoy the rights or interests of Developer hereunder, it shall have assumed the obligations of Developer; and (iii ) to the extent that the performance of any duty or obligation by Developer is a condition to the performances of a covenant by Developer, it shall continue to be a condition to Developer's performance hereunder. 8. Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, including the lien of any mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage made in good faith and for value and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a mortgagee (whether under or pursuant to a mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise) , shall be subject to all of the terms and conditions contained in this Agreement. No mortgagee shall have an obligation or duty under this Agreement to perform Developer's affirmative covenants of Developer hereunder, or to guarantee such performance; except that to the extent that any covenant to be performed is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. Each mortgagee shall have the right (but not the obligation) for a period of ninety (90) days after the receipt of such notice from City to cure or remedy, the claim of default or noncompliance set forth in the City's notice. If the default is of a nature which can only be remedied or cured by such mortgagee upon obtaining possession, such mortgagee shall seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or noncompliance within thirty (30) days after obtaining possession. If any such default or -9- noncompliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the effective date of the ordinance approving this Agreement. CITY OF RANCHO CUCAMONGA Dated: By Mayor Dated: By City Clerk OWNER: AHMANSON DEVELOPMENTS, INC. Dated: By STATE OF CALIFORNIA ) ss. COUNTY OF On , 1988, before me, the undersigned a Notary Public in and for said State, personally appeared known to me to be the person whose name is subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal . Notary Public in and for said State -10- LEGAL DESCRIPTION AHMANSON DEVELOPMENTS, INC. A portion of the north half of 'the southeast 1/4 of Section 20, Township 1 North, Range 6 West, SBM described as follows: Beginning at the east 1/4 corner of said Section 20 ; Thence S00 00' 32"W. Along the east line of said Section 20, a distance of 1320. 25 feet; Thence N89 25'41"W. Along the south line of the north 1/2 of said Section 20, a distance of 2426 . 34 feet; Thence N. 44 38 '42"E. , a distance of 1836. 88 feet to the north line of the southeast 1/4 of said Section 20; Thence S. 89 27 '07"E. Along the north line of the southeast 1/4 of said Section 20, a distance of 1135 . 68 feet to the Point of Beginning. Subject site contains an area of 54 . 0 + acres. EXHIBIT A