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Home My WebLink About709 - Ordinances ORDINANCE NO. 709 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 01-02 (CO 02-012), A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS- C, LLC. IN ORDER TO PROVIDE ASSURANCE THAT MAJOR DEPARTMENT STORE PARCELS WITHIN THE VICTORIA GARDENS REGIONAL CENTER WILL NOT EXPERIENCE INCREASED MELLO ROOS TAXES ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT 2003-01 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..." 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. 709 Page 2 of 8 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 May 28, 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. 03-76. 6. On June 4, 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. 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. Ordinance No. 709 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 18th day of June 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None , . W7 J."Al~xand~r, 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 4th day of June 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18~ day of June 2003. Executed this 19th day of June 2003, at Rancho Cucamonga, California. bra J Adams, MC, C~ty Clerk Ordinance No. 709 Page 4 of 8 -- DRAFT SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS-C, L.L.C. THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is made and entered into as of this th day of __, 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, as previously amended by that certain First Amendment to Development Agreement dated , 2003 (as amended, the "Amended Development Agreement"), to add a new Section III.B.5 reading as follows: "Special Covenant of the City. In order to facilitate the development of the 'major' retail stores within the Project, the City hereby covemants and agrees as follows on behalf of itself and om 'behalf of the Community Facilities District No. 2003- 0t of the City of Rancho Cucamonga (the 'CFD'): (1) except with the unanimous written consent of the affected landowners, neither the City nor the CFD will initiate proceedings under Section 53331 of the California Government Code or other similar applicable provision to alter the rate Gr method of apportionment of the special tax affecting any property designated as Privately Owned Specific Retail Property under that certain Notice of Special 122313.3 1 Ordinance No. 709 Page 5 of 8 Tax Lien dated as of March 6, 2003 and recorded in the Official Records of San Bernardino County, California on March 6, 2003 as Document No. 2003-0148262, a copy of which is attached hereto as Exhibit 'A2' (the IRMA'); and (2) except with the unanimous written consent of the affected landowners, the CFD will abandon, pursuant to the provisions of Section 53338 of the California Government Code, any proceedings initiated pursuant to the provisions of Sections. 53332-53338 of the Ca~.ifornia Government Code which would result in an alteration of the rate or method of apportionment of the special tax affecting any property, designated as Privately Owned Specific Retail Property under the RMA." Exhibit "A2" attached to this Second Amendment is hereby added and incorporated into the Amended Development Agreement as Exhibit "A2" thereto. In order to con,ply with Secnion 658'68.5 o~ t~e 'i Government Code, the parties do hereby direct the City Clerk to record a copy of this Second Amendment against the Property described in Exhibit "Al" attached to this Second Amendment with the County Recorder of San Bernardino County within ~en (10) days after the Effective Date. Except for the addition of Section III.B.5 and Exhibit "A2" as set forth above, the Amended 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. 122313 .3 2 O~inance N0.709 Page60f8 "City" CITY OF RANCHO CUCAMONGA, a municipal corporation By: Mayor ATTEST: City Clerk Approved as to Form: By: City Attorney "Owner" VICTORIA GARDENS-C, L.L.C., a California limited Liability company By: Its: 122313.3 3 Ordinance No. 709 Page 7 of 8 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(les), 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 ) ) ss. COUNTY OF ) On , 2003, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally know// 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(les), 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. Notary Public 122313.3 4 O~inance No. 709 Page8of8 EXHIBIT ~A1' LEGAL DESCRIPTION OF PROPERTY APPROXIMATELY 165 ACRES IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, GENEP~ALLY BOUNDED BY DAY CREEK BOULEVARD, FOOTHILL BOULEVARD, 1-15 FREEWAY, AND CHURCH STREET [FULL LEGAL DESCRIPTION TO BE PROVIDED PRIOR TO RECORDATION] 122313. 3 i