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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'