HomeMy WebLinkAbout678 - Ordinances ORDINANCE NO. 678
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT
AGREEMENT NO. 01-02, A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA AND
VICTORIA GARDENS-C, LLC. INCLUDING A MASTER PLAN
FOR THE PURPOSE OF DEVELOPING APPROXIMATELY 2.45
MILLION SQUARE FOOT RETAIL, OFFICE, AND CIVIC USES
AS WELL AS 600 MULTIPLE FAMILY RESIDENTIAL UNITS,
ON APPROXIMATELY 175 ACRES OF LAND. THE PROJECT
SITE IS WITHIN THE CITY BOUNDARY AND THE VICTORIA
COMMUNITY PLAN, GENERALLY BOUNDED BY FUTURE
CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD
TO THE SOUTH, 1-15 FREEWAY TO THE EAST, AND THE
FUTURE DAY CREEK BOULEVARD TO THE WEST - APN:
227-161-35, 36 AND 38; 227-171-22 AND 23; 227-201-30, 33,
35, AND 36; AND 227-211-24 AND 39 THRU 43.
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 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 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 as provided in this article..."
Ordinance No. 678
Page 2 of 123
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..."
4. Attached to this Ordinance, Exhibit "A" and incorporated herein by this
reference is proposed Development Agreement 01-02, concerning that
property generally bounded by future Church Street to the north, Foothill
Boulevard to the south, 1-15 Freeway to the east, and the future Day Creek
Boulevard to the west as legally described in the attached Development
Agreement. The Development Agreement includes a Master Plan that
establishes design guidelines and development standards and criteria for the
Victoria Gardens Regional Center. Hereinafter in this Ordinance, the
Development Agreement with included Master Plan attached hereto as
Exhibit "A" is referred to as the "Development Agreement."
5. On January 23, 2002, the Planning Commission of the City of Rancho
Cucamonga held a duly noticed public hearing concerning the Development
Agreement and concluded said hearing on that date and recommended
approval through adoption of Resolution No. 02-20.
6. On February 20, 2002, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing concerning the Development
Agreement.
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 forth
in the Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed
an Environmental Impact Report and certified said report as
legally sufficient for the Victoria Gardens Regional Center project,
Ordinance No. 678
Page 3 of 123
SECTION 3: It is expressly found that the public necessity, general welfare, and ~
good zoning practice require the approval of the Development
Agreement.
SECTION 4: This Council hereby approves Development Agreement 01-02,
including the Master Plan attached hereto as Exhibit "A."
SECTION 5: 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 6th day of March 2002.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. ~ander, Mayor
Al-rEST:
~ebra J. Adams, CMC, C~ty Clerk
Ordinance No. 678
Page 4 of 123
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 20~h day of February 2002, and
was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on
the 6th day of March 2002.
Executed this 7t~ day of March 2002, at Rancho Cucamonga, California.
Debra J. Adams, CMC, City Clerk
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IMPLE~qENTATION ~ROCESS
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Ordinance Nu 6?8
i ~aqe 122 .~1123
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O~'dinance No 678
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