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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" This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : F:\001137\0006\0120684.01 and revised document: F:\001137~0006\0120684.02 CompareRite found 7 change(s) in the text Deletions appear as Overstrike text Additions appear as Double Underline text