HomeMy WebLinkAbout579 - OrdinancesORDINANCE NO. 579
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
AMENDMENT NO. I TO DEVELOPMENT AGREEMENT NO. 89-
03, A REQUEST TO REDUCE THE MINIMUM AND MINIMUM-
AVERAGE FRONT YARD BUILDING SETBACK REQUIREMENTS
IN CITY ADOPTED DEVELOPMENT AGREEMENT 89-03, FOR A
PREVIOUSLY APPROVED COUNTY SUBDIVISION ANNEXED
INTO THE CITY (TRACT 13835), WHICH CONSISTS OF 78 LOTS
ON APPROXIMATELY 20 ACRES OF LAND IN THE LOW
RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE),
LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND
ROCHESTER AVENUES, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 225-501-01 THROUGH 78.
A. RECITALS.
1. The California Government Code Section 65868, now provides, in pertinent
part, as follows:
A Development Agreement may be amended, or canceled in whole or in
part, by mutual consent of the parties to the agreement or their successors in
interest.
2. On November 1, 1989, the parties hereto entered into a Development
Agreement concerning a residential development, (hereinafter referred to as
"the Agreement").
3. The original developer, Homestead Land Development, was succeeded by
Sheffield Homes.
4. Sheffield Homes has requested Amendment No. 1 to Development
Agreement No. 89-03, as described in the title of the Ordinance. Hereinafter,
in this Ordinance, the subject Amendment is referred to as the "request."
On April 23, 1997, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the
application and concluded said hearing on that date.
On May 21, 1997, the City Council of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the
application and concluded said hearing on that date
c. All legal prerequisites prior to the adoption of this Ordinance have
occurred.
Ordinance 579
Page 2
B. ORDINANCE.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby find, determine, and ordain as follows:
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.
2. Therefore, pursuant to Section 65868, of the California Government Code,
the City Council approves Amendment No. 1 of the Development Agreement
89-03 as attached hereto as Exhibit "1 ."
3. 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.
ATTEST:
PASSED, APPROVED, AND ADOPTED this 4th day of June, 1997.
AYES: Alexander, Biane, Curatalo, Gutierrez, Williams
NOES: None
ABSENT: None
William J. Alexander, Mayor
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 21st day of May 1997, and was finally passed at a regular meeting
of the City Council of the City of Rancho Cucamonga held on the 4th day of June, 1997.
Executed this 5th day of June, 1997, at Rancho Cucamonga, California.
Debra J. Adams, CMC, City Clerk
RECORDING REQUESTED BY:
CITY OF RANCHO CUCAMONGA
WHEN RECORDED, RETURN TO:
CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: Debbie Adams
Ordinance 579
Page 3
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 89-03
THIS FIRST AMENDMENT TO THAT DEVELOPMENT AGREEMENT
ENTERED INTO ON NOVEMBER 1, 1989, ENTERED INTO BY AND
BETWEEN SHEFFIELD HOMES AND THE CITY OF RANCHO
CUCAMONGA
A. Amendment.
1. Exhibit "B", Conditions of Approval, is hereby amended to modify Condition
No. 47 and reads as follows:
47. The following building setback lines shall be delineated on the composite
development plan (as measured from property line):
A. A minimum front yard building setback line of at least 15 feet for
units with side-on garages and 17 feet for units with front-on
garages.
B. An overall average front yard building setback of 30 feet (as
measured from face of curb).
C. A side yard building setback line of at least 15 feet adjacent to side
streets on corner ~ots.
D. In no case shall the garage door setback be less than 18 feet to the
back of sidewalk.
2. Other than as specifically amended hereby, the Agreement and each
and every term and provision thereof, shall remain in full force and effect.
EXHIBIT "1I'