HomeMy WebLinkAbout707 - Ordinances ORDINANCE NO. 707
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT NO. 01-02, A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
RANCHO CUCAMONGA AND VICTORIA GARDENS-C, LLC.
TO ESTABLISH A HEIGHT LIMIT OF 30 FEET FOR LIGHT
POLES FOR THE VICTORIA GARDENS REGIONAL CENTER,
A DEVELOPMENT OF APPROXIMATELY 2.45 MILLION
SQUARE FEET OF 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, THE 1-15 FREEWAY TO THE EAST, AND THE
FUTURE DAY CREEK BOULEVARD TO THE WEST, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-161-
48 AND 49; 0227-171-36; 0227-201-35 AND 45 THRU 48; AND
0227-211-30, 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. 707
Page 2 of 10
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 the proposed amendment to Development Agreement 01-02,
concerning that property generally bounded by future Church Street to the
north, Foothill Boulevard to the south, the 1-15 Freeway to the east, and the
future Day Creek Boulevard to the west as legally described in the current
Development Agreement. Hereinafter in this Ordinance and the
Development Agreement amendment attached hereto as Exhibit "A" is
referred to as the "Amendment."
5. On April 9, 2003, the Planning Commission of the City of Rancho
Cucamonga held a duly noticed public hearing concerning the Development
Agreement amendment and concluded said hearing on that date and
recommended approval through adoption of Resolution No. 03-64.
6. On May 7, 2003, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing concerning the Development
Agreement amendment.
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: On February 20, 2002, this Council reviewed an Environmental
Impact Report and certified said report as legally sufficient for the
Victoria Gardens Regional Center project.
Ordinance No. 707
Page 3 of 10
SECTION 3: It is expressly found that the public necessity, general welfare, and
good zoning practice require the approval of the Development
Agreement amendment.
SECTION 4: This Council hereby approves the amendment to Development
Agreement 01-02, 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.
Please see the following page
for formal adoption, certification and signatures
Ordinance No. 707
Page 4 of 10
PASSED, APPROVED, AND ADOPTED this 21s~ day of May 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None ~ -'~ ~
VV~iam J. A~xan~er, Mayor
!
ATTEST:
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 7th day of May 2003, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
21st day of May 2003.
Executed this 22nd day of May 2003, at Rancho Cucamonga, California.
D&bra J. Adarr/sM~MC, City Cleri( --
Ordinance No. 707
Page 5 of 10
EXHIBIT "A"
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA
AND VICTORIA GARDENS-C, L.L.C.
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First
Amendment") is made and entered into as of this 7th day of May, 2003, by and between the
CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), and
VICTORIA GARDENS-C, L.L.C., a California limited liability company ("Owner"). For a valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, City and Owner
hereby amend that certain Development Agreement between them dated February 20, 2002
("Original Development Agreement") to add a new Section III.B.4 reading as follows:
"Heiqht Limits for Parkin~l Lot Light Poles. As an exception to the
Applicable Rules as specified in this Agreement, parking lot light poles
(standards) may be constructed to the following overall heights as measured
from the bottom of the pedestal or pole base to the top of the light box:
(1) To an overall height of 30 feet in parking lot areas not
otherwise specified in this Paragral~h~(4) Section III.B.4.
(2) To an overall height of 27 feet along the private
entrance streets designated on Exhibit "BI" attached hereto leading into parking
lot areas from public roadways (along entrance magazines).
(3) To an overall height of 15 feet within parking areas
north of North Main Street, unless a greater height is agreed to between the
Office of the City Planner and Developer and to the satisfaction of the Design
Review Committee, which height shall maintain the human scale of the lights in
those areas and minimize glare and visual disturbance to the multi-family
development planned on the south side of Church Street and the single-family
development planned on the north side of Church Street.
Decorative features such as finials may exceed the height
limits specified in this paragraph (B)(4), subject to review and approval of the City
of Rancho Cucamonga Design Review Committee.
Ordinance No. 707
Page 6 of 10
If Developer finds that tree pruning is necessary to allow
sufficient light to be cast upon the ground surface in any area, ~
h*~,'~lth ,.~' ih,.-. ~' ...... ~1 to ....... ~' {,~llin,'~ ~ ...... the DrunJna shall be carried out
in a manner that does not leave the tree in an unnatural or severe appearance
inconsistent with normal horticultural practices and landscaping requirements
Pursuant to the Master Plan and Applicable Rules. Examples of Drunina
inconsistent with this reauirement include shearing and undedrimmina: but crown
thinnina, cleanina and raising are acceptable as normal horticultural oractices."
In order to comply with Section 65868.5 of the Government Code, the
parties do hereby direct the City Clerk to record a copy of this Agreement against the Property
described in Exhibit ~A-?'AI" attached to this First Amendment with the County Recorder of San
Bernardino County within ten (10) days after the Effective Date.
Except for the addition of Section III.B.4 set forth above, the Original
Development Agreement remains unmodified and in full force and effect.
IN WITNESS WHEREOF, Owner and City have executed this Agreement
as of the date first hereinabove written.
"City"
CITY OF RANCHO CUCAMONGA,
a municipal corporation
By:
Mayor
ATTEST:
City Clerk
Approved as to Form:
By:
City Attorney
Ordinance No. 707
Page 7 of 10
"Owner"
VICTORIA GARDENS-C, LL.C., a
California Limited
Liability Company
By:
Its:
STATE OF CALIFORNIA )
) SS.
COUNTY OF )
On ,2003, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
(i) Notary Public
STATE OF CALIFORNIA )
) $$.
COUNTY OF )
On ., 2003, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
., personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/hedtheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
Notary Public
Ordinance No. 707
Page 8 of 10
EXHIBIT ~"A1"
LEGAL DESCRIPTION OF PROPERTY
APPROXIMATELY 165 ACRES IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, GENERALLY BOUNDED BY DAY CREEK BOULEVARD, FOOTHILL
BOULEVARD, 1-15 FREEWAY, AND CHURCH STREET, INCLUDING ASSESSOR'S PARCEL
NUMBERS 0227-161-48 AND 49; 0227-171-36; 0227-201-35 AND 45 THRU 48; AND 0227-
211-30, AND 39 THRU 43
Ordinance No. 707
Page 10 of 10
FOR REFERENCEPURPOSES ONLY
...................... REVISION LIST ......................
The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both
the old and the new documents.
[1:5 1:5] Changed "Paragraph B(4)" to "Section III.B.4"
[1:6 1:6] Changed "streets leading" to "streets designated ... hereto leading"
[2:1 2:2] Changed "an alternative ... falling debris.'"' to "the pruning ... practices.'"'
[2:2 2:3] Changed '"'A"" to ""Al ....
[4:12 4:12] Changed ""A"" to '"'Al ....
[5:3 6:1] Add Paras "EHXlBIT B-1 ... HEIGHT DIAGRAM"
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