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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 ! This P~ge BLANK I II ! I I I I ! ! ! ! ! ! ! ! i ! ! ! I il i I I I I I ! I I I I ! I I ! I i I I i ! I I ! ! I ! - ! ! ! ! ! ! ! ! I ! I I I ! ! ! I I ! I I I I ! ! ! II ! i i ! i I I I I I ! I I i I ! ! ! ! ! ! ! ! ! ! ! ! ! ! I I I i ! I I ! I i ! I i I I ! I I I I I I I I i I I I I I I I I I i I I ' I I I I ! I I I I I I I i ! 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