HomeMy WebLinkAbout671 - Ordinances ORDINANCE NO. 67i
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA
CALIFORNIA, APPROVING AMENDMENT TO DEVELOPMENT
AGREEMENT 00-02, A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA AND
RANCHO ETIWANDA 685, LLC FOR THE PURPOSE OF
MODIFYING CERTAIN SECTIONS OF THE DEVELOPMENT
AGREEMENT REGARDING THE TIMING OF THE
CONSTRUCTION OF SPECIFIC INFRASTRUCTURE
IMPROVEMENTS FOR PROPERTY GENERALLY LOCATED
NORTH OF INTERSTATE 210, EAST OF HANLEY AVENUE
AND WEST OF DAY CREEK CHANNEL - TENTATIVE TRACT
MAPS 14493 THROUGH 14498, 14522, 14523, 15838, AND
15902.
A. RECITALS.
1. California Government Code Section 65864 now provides, in pertinent part,
as follows:
"The Legislature finds and declares that:
a) The lack of cedainty 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
appi'oval of the project, the applicant may proceed with the project in
accordance with existing policies, 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."
2. 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 a§ provided in this article..."
3. California Government Code Section 65865.2 provides, in part, as follows:
"A Development Agreement shall specify the duration of the Agreement, the
permitted uses of the property, the density of 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 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 of intensity of development set forth in
the Agreement..."
Ordinance No. 671
Page 2 of 14
4. "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein
by this reference is proposed Amendment to Development Agreement 00-02,
concerning that property generally located north of Interstate 210, east of Day
Creek Channel and west of Hanley Avenue, and as legally described in the
attached Development Agreement. Hereinafter in this Ordinance, the
Amendment to Development Agreement 00-02 attached hereto as Exhibit "A"
is referred to as the "Development Agreement."
5. On September 26, 2001, the Planning Commission of the City of Rancho
Cucamonga held a duly noticed hearing concerning the Development
Agreement and concluded said hearing on that date and recommended
approval through adoption of its Resolution No. 01-89.
§. On October 3, 2001 and continued to October 17, 2001, the City Council of
the City of Rancho Cucamonga conducted a duly noticed public hearing
concerning the Development Agreement and concluded said hearing on that
date.
7. 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
hereby find, determine, and ordain as follows:
SECTION 1: This Council hereby specifically finds that all of the facts set fodh in
the Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: According to Section 15061(b)(3) of the CEQA Guidelines, the
proposed street vacation is deemed exempt from further CEQA
clearance. This particular section of the CEQA Guidelines states,
"Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA." It is determined
that the Amendment to the Development Agreement will not result
in any potential environmental impact, since no significant
biological, geological, or historical resources are known to exist
onsite. A Notice of Exemption will be filed with the County
Recorder following City Council approval.
SECTION 3: Based upon substantial evidence presented during the above-
referenced public hearing on October 3, 2001, and continued to
October 17, 2001, including written and oral staff reports, together
with public testimony, this Council hereby specifically finds as
follows:
Ordinance No. 671
Page 3 of 14
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.
SECTION 4: It is expressly found that the public necessity, general welfare, and
good zoning practice require the approval of the Development
Agreement.
SECTION 5: This Council hereby approves Amendment to Development
Agreement 00-02, attached hereto as Exhibit "A".
SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall
cause the same to be published within 15 days after its passage
at least once in the Inland Valley Daily Bulletin, a newspaper of
general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
PASSED, APPROVED, AND ADOPTED this 7th day of November 2001.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
WIIham J. A(~nde~Mayor
ATTEST:
Ordinance No. 671
Page 4 of 14
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 17th day of October 2001, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
7th day of November 2001.
Executed this 8th day of November 2001, at Rancho Cucamonga, California'.
Ordinance No. 671
Page 5 of 14
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P.O. BOX 807
Rancho Cucamonga, CA 91729
(Space Above This Line For Recorder's Use Only)
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 00-02
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 00-02 ("First
Amendment") is entered into by and between THE CITY OF RANCHO CUCAMONGA, a municipal
corporation (the "City"), and RANCHO ETIWANDA 685, LLC, a Delaware limited liability company
("RE685") (collectively, the "Parties"), with reference to the following facts and objectives:
RECITALS
A. On November 29, 2000, the City and U.C.P., Inc., entered into a Development
Agreement ("Development Agreement") regarding development of structures (the "Project") on that
certain property (the "Properly") described in Exhibit "A" of the Development Agreement and incorporated
herein by this reference.
On December 22, 2000, Development Agreement No. 00-02 ("Development
Agreement") became effective upon recordation by the City. The Development Agreement was recorded
in the official records of San Bemardino County, State of California, as Instrument No. 20-000472811.
C. The Development Agreement set forth specific rules and regulations, permitting
procedures, land use entitlements, and other design and infrastructure specifications regarding the
development of the Property.
D. On April 3, 2001, U.C.P., Inc. declared its intent to assign its interest in the
Development Agreement to RE685, a related entity, which assignment was approved by the City on April
18, 2001. U.C.P., Inc. and RE685, shortly thereafter, entered into a Purchase and Sale Agreement of
Real Property concerning the Properly.
E. The City and RE685 now jointly desire to amend the provisions of the
Development Agreement as set forth herein with regard to certain circulation issues, timing of
development and fees, and the general management of the Project site.
F. This First Amendment to the Development Agreement is consistent with the City
of Rancho Cucamonga's General Plan and Specific Plan, as each have been amended, and each of its
elements, and will serve to implement the policies, objectives and standards of each element of those
documents.
G. All actions taken by the City have been duly taken in accordance with all
applicable legal requirements, including the California Environmental Quality Act, Public Resources Code
Section 21000, et. seq., and all requirements for notice, public hearings, findings, votes and other
procedui'al matters.
Ordinance No. 671
Page 6 of 14
FIRST AMENDMENT TO DA 00-02
CITY OF RANCHO CUCAMONGA - RANCHO ETIWANDA 665, LLC
October 17, 2001
Page 2
H. The Development Agreement, together with this First Amendment, and the
consent of Parties to each of its terms and conditions will eliminate uncertainty in planning and provide for
the ordedy development of the Property, eliminate uncertainty about the validity of exactions imposed by
the City, ensure timely installation of necessary improvements, provide for public services appropriate to
the development of the Project, and generally serve the public interest.
I. The Parties hereby acknowledge compliance with Section 5(D)(6) of the
Development Agreement regarding amendments and/or modifications to Development Agreement 00-02.
The Parties will seek the written consent of each Modgagee to said Development Agreement prior to the
execution of this First Amendment. The Parties agree not to modify or amend this Development
Agreement unless they receive written consent of ali Mortgagees to the Development Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
contained in this First Amendment to Development Agreement 00-02, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Section 2(C)(9)(c)(iii) of the Development Agreement shall be amended to read
as follows:
"Traffic signals shall be installed on Day Creek Boulevard at its intersections with
Wilson Avenue, Banyan Avenue, and Vintage Drive. The traffic signal at the intersection
of Banyan Street and Day Creek Boulevard shall be installed prior to the issuance of the
two-hundred and fiftieth (250TM) building permit or earlier if determined to be warranted by
the City Engineer. The other traffic signals shall be installed by the end of the Project
development, or earlier if determined to be warranted by the City Engineer."
2. Section 2(C)(9)(c)(vii) of the Development Agreement shall be amended to read
as follows:
"Wilson Avenue shall be open to public traffic, but not necessarily fully improved,
prior to issuance of the two-hundred and fiftieth (250~h) residential building permit, or
when otherwise determined to be warranted by the City Engineer, whichever occurs first."
3. Section 2(C)(9)(c)(viii) cf the Development Agreement shall be amended to read
as follows:
"Property Owner shall construct Day Creek Boulevard from State Route 30 to
Vintage Avenue, as depicted on Exhibit "F". Such construction shall be completed prior
to the issuance of the two-hundredth (200~h) residential building permit, or the finalization
of the one-hundredth (100th) residential building permit, whichever shall occur first. The
Parties hereby acknowledge this construction cannot be completed without the
cooperation of third parties who own the properties on the west side of Day Creek
Boulevard above Route 30 or by coademnation of a right-of-way along these properties.
If, for any reason outside the control of the City and the Property Owner, Property Owner
cannot timely complete the construction of this portion of Day Creek Boulevard, then
Property Owner shall be entitled to deposit with the City a sum of cash, or letter of credit
equal to two-hundred percent (200%) of the projected actual costs, either total or partial,
of such construction in full and complete satisfaction of its obligation, and to be relieved
11231\0001\670337.1
Ordinance No. 671
Page 7 of 14
FIRST AMENDMENT TO DA 00-02
CITY Of RANCHO CUCAMONGA - RANCHO ETIWANDA 685, LLC
October 17, 2001
Page 3
of any further restrictions on the issuance of building permits. If the City is required to
construct these improvements because of the Property Owner's failure or inability to do
so, then the Property Owner shall be entitled th an accounting for the use of funds by the
City to complete the construction and to a refund of monies not used for such
construction."
4. Section 2(D)(1)(a) of the Development Agreement shall be amended to read as
follows:
"Properly Owner agrees to construct Banyan Avenue to Rochester Avenue prior
to the issuance of the two-hundredth (200~h) building permit. If Property Owner fails to do
so, Property Owner shall post a cash deposit, or letter of credit in the amount of two
hundred percent (200%) of the value of the complefion of the extension of Banyan
Avenue. Property owner fudher agrees to promptly make such improvements for
acceptance by the City Engineer before the issuance of any building permit for each
housing unit over and above two hundred (200) units. However, if, for any reason not
within the control of the City or the Property Owner, the City cannot obtain the Permits so
that Property Owner can complete the improvements prior to the issuance of the building
permit for the one-hundred and first such unit, Property Owner shall be entilled lo either
deposit with the City a sum of cash, or letter of credit equal to two-hundred percent
(200%) of the projected actual cost, either total or padial, of the construction of the
improvements in full and complete satisfaction of its obligation, and to be relieved of any
further restrictions on the issuance of building permits. If the Cit~ is required to constr~ct
these improvements because of the Property Owner's failure or inability to do so, then
Property Owner shall be entitled to an accounting for the City's use of the funds to
complete the improvements, and to a refund of monies not used for such improvements."
5. Section 2(D)(1)(b) of the Development Agreement shall be amended to read as
follows:
"Properly Owner agrees to construct Day Creek Boulevard north to Wilson
Avenue concurrently with Phase 1 (as defined in the Revised University Entitlements)
and that such improvements shall be substantially complete prior to the issuance of the
two-hundredth (200th) residential building permit, or the finalization of the one-hundredth
(100~h) building permit, whichever shall occur first. The City agrees to promptly process
all applications and permits consistent with its usual and customary procedures.
Streetscape improvements from the curb will be constructed as development of the
adjacent tracts occurs."
6. Section 2(D)(2) of the Development Agreement shall be amended to read as
follows:
"Property Owner agrees to construct the Park (as defined in the Revised
University Project Entitlements), and such construction shall be substantially complete no
later than the issuance of the three-hundredth (300~h) building permit in the Project. The
Park site shall be in substantial conformity with the depiction on Exhibit "S" as well as in
conformance with ADA standards, except that the Parties agree that the Park will be
constructed with up to four (4) lit basketball courts and two (2) lit ball fields. The Padies
agree that the product specifications for the Park amenities are listed on Exhibits "S-1"
through "S-2" and that such amenities shall conform to City standards. The quantities
and sizes of the amenities and materials shall be as depicted on Exhibit "S-3" and any
11231\0001\670337.1
Ordinance No. 671
Page 8 of 14
FIRST AMENDMENT TO DA 00-02
CITY OF RANCHO CUCAMONGA - RANCHO ETIWANDA 685, LLC
October 17, 2001
Page 4
remaining issues shall conform to City standards. The Parties agree that the Property
Owner shall be required to have all homeowners within the Project sign an
acknowledgment form (the "form") regarding the Park. The form shall be reviewed and
approved by the City Planner and City Engineer prior to the issuance of the first building
permit. The City agrees to promptly process all applications and permits consistent with
its usual and customary procedures. The City agrees that through dedication of 10 acres
and construction of the Park, Property Owner will exceed, through its construction costs,
all requirements of the City's parks fees and applicable standards. The City waives any
requirement for payment of a Park fee against the Revised University Project. Property
Owner shall dedicate the Park to the City and the City shall accept the dedication
promptly upon completion. The City reserves the right to name the Park."
7. Section 2(J) is hereby amended to include a new subsection (4) entitled: "Third
Party Contract Planner", to read as follows:
"The Property Owner has requested the services of a contract planner to assist
and otherwise specifically work on the Project. The Parties hereby agree that a third-
party contract planner may be retained by the City provided that the Property Owner
deposit a minimum of one-hundred thousand dollars ($100,000.00) per year for a period
of two years to fund a minimum of one-thousand (1,000) hours per year of services by
such third-party contract planner. The Property Owner further agrees to deposit said
amount within ten (10) days from the effective date of this First Amendment to
Development Agreement 00-088, as executed by the parties.'
8. Section 2(J) is hereby amended to include a new subsection (5) entitled:
"Cooperation Among the Parties", to read as follows:
"The Parties hereby acknowledge and agree that the Property Owner and City
Staff shall hold regular bi-weekly meetings regarding the status of Project, including but
not iimited to, construction deadlines, completion of off-site improvements, and other
development activities concerning the Project."
9. The Property Owner agrees to pay all costs, expenses, resultant charges, and
damages, including but not limited to attorney's fees and the cost of any additional mitigation measures or
project revisions determined by a final judgment by a court of competent jurisdiction to be required under
the California Environmental Quality Act ("CEQA") or State CEQA Guidelines, incurred by or imposed
upon City as a result of any litigation attacking this First Amendment, t~e approval of said First
Amendment, or any other aspect of the Project.
10. Upon execution of this First Amendment, City shall promptly arrange for its
recordation as provided in Government Code Section 65868.5. Failure to record this First Amendment
within the time period provided for in Section 65868.5 shaII not affect its validity or enfomeabi[ity amongst
the Parties hereto.
11. The Development Agreement, as amended by this First Amendment, sets fodh
and contains the entire understanding and agreement of the parties. There are no oral or written
representations, understandings, undertakings, or agreements that are not contained or expressly
referred to in these documents, and any such representations, understandings, or agreements are
superseded by the Agreement, as amended by this First Amendment. No evidence of any such
representations, understandings, or agreements shall be admissible in any proceeding of any kind or
nature relating to the terms or conditions of the Agreement, as amended by this First Amendment, its
interpretation, or breach.
11231\0001\670337.1
- 4
Ordinance No. 671
Page 9 of 14
FIRST AMENDMENT TO DA 00-02
CITY OF RANCHO CUCAMONGA - RANCHO ETIWANDA 685, LLC
October 17, 2001
Page 5
12. The person or persons executing this First Amendment on behalf of the parties to
the First Amendment warrant and represent that they have the authority to bind the parties to the
per[ormance of their obligations hereunder.
13. Except as set forth in this First Amendment, all provisions of the Oevelopment
Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Development Agreement on the day and year set forth below.
Dated:
A ROVED ^S TO fORU
City Attorney
PROPER~ OWNER
By: Rancho Etiwanda 685, LLC
5109 La Palina, Suite D
Anaheim Hills, California 92807
By:
By: , ~ .. Date: jo
Its: ~
11231\0001\670337.1
Ordinance No. 671
Page 10 of 14
FIRST AMENDMENT TO DA 00-02
CITY OF RANCHO CUCAMONGA - RANCHO ETIWANDA 685, LLC
October 17, 2001
Page 6 ~~
By: Date: ~,) I ',,O/~l
~By: Vos$, Cook & The, I, LLP
Bruce V. Cook
Attorneys for RE685, Inc.
Ordinance No. 671
Page 11 of 14
ROUTE 80 TO VINTAGE DRIVE
WILSON AVENUE TO NORTH ~FfTY LINE
RANCHO ETIWANDA
DAY CREEK BOUI FVARD
8'I'FIEET 0FI088 8EOTION
Ordinance No. 671
Page 12 of 14
Ordinance No. 671
Page 13 of 14
Note: Product Specifications
are per C~ of Rancho
Cu~nga S~ard~.
R~CHO ET~ANDA
PRO~ ~CAT~NS
Ordinance No. 671
Page 14 of 14
Rancho Etiwanda
DATE ESTIMATED: 4/15/00
DATE PRINTED: 4/21100
ESTIMATED
ITEM QUANTITY
Park Soffscape Per 10-19-99 Plans
24" Box Tipu Trees 8 EA.
24" Box Elms 31 EA.
24" Box Evergreen Pear 19 F_~
24" Box Plum 11 EA.
15 Gallon Plane Tree 54 EA.
15 Gallon Pine Mondel 43 EA,
48" Box Pine Canary 25 EA.
36" Box Crape Myrtle 11 EA.
24" Box Flame Tree 13 EA.
24" Box Camphor 43 EA.
Shrub/Ground Cover
Lonicera 24,572 SF
Myoporum 5,684 SF
Star Jasmine 1,662 SF
Turf- per City of Rancho Cucamonga seed mix 314,298 SF
Cobble 30.657 SF
Park Hardscape Per 10-19-99 Plans
Tot Lot ama with 1,500 sf ADA rubbe~ surface I EA.
Lighted Basketball Courts 4 EA.
Parking stalls wffh access to school p~rking 65
Rest~oom Building (per plan) 1 EA.
Entry Monumentation with Signage 1 EA.
Picnic Tables (1 HDCP) 14 EA.
Two-Bin Trash Enclosure I EA.
Drinking Fountain 2 EA.
BBQ Gdll 12 EA.
Trash Receptaclee 2 EA.
Bench 8 EA.
1,200 sf Wood Ar'oor Stmctura 2 'EA.
EXHIBIT S - 3