HomeMy WebLinkAbout377 - OrdinancesORDINANCE NO. 377
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCliO
CUCAMONGA, CALIFORNIA, APPROVING DEVBLOPMENT AGREEMENT
88-03 (ANMANSON DEVELOPMENTS, INC. ) FOR APPROXIMATELY 53
ACRES OF VACANT LAND LOCATED AT THE SOUTHWEST CORNER OF
ETIWANDA AVENUE AND 25TH STREET, AND MAKING FINDINGS IN
SUPPORT THEREOF
A. Recitals.
(i) California Government Code Section 56864 now provides, in
pertinent part. as follows:
"The LeEislature 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
housins and other developments to the consumer, and discourage
investment in and conunitment 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.
(ii) California Government Code Section 56865 provides, in pertinent
part, as follows:
Any city...may enter into a Development A~reement with any person
having a legal or equitable interest in real property for the
development of such property as provided in this article..."
(iii) California Government Code Section 56865.2 provides, in part, as
follows:
"A Development A~reement shall specify the duration of the
A~reement, the permitted uses of the property, the density or
intensity of use, the maximum height and size of proposed buildings,
and provision for reservation or dedication of land for public
purposes. The Development AEreement may include conditions, terms,
restrictions, and requirements for subsequent discretionary actions,
provided that such conditions, tems, restrictions, and requirements
Ordinance No. 377
Page 2
for discretionary actions shall not prevent development of the land
for the uses and to the density or intensity of development set forth
in the Agreement..."
(iv) Attached to this Ordinance, marked as Exhibit "1" and
incorporated herein by this reference, is proposed Development Agreement 88-03
concerning that property located at the southwest corner of Etiwanda Avenue and
25th Street, and as legally described in the attached Development Agreement.
Hereinafter in this Ordinance, that Agreement attached hereto as Exhibit "1" is
referred to as "the Development Agreement".
(v) Concurrent'with this Ordinance approving this Development
Agreement, the City Council has adopted an Ordinance approving Development
District Amendment 88-07 for the purpose of pre-zoning the property to Low
Density Residential (2-4 dwelling units per acre).
(vi) On October 26, 1988, the Planning Commission of the City of
Rancho Cucamonga held a duly noticed public hearing concerning the application
and concluded said hearing on that date and recommended approval.
(vii) On November 16, 1988, the City Council of the City of Rancho
Cucamonga held a duly noticed public hearing concerning the application.
(viii) kll legal prerequisites prior to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEPaFORE, the City Council of the City of Rancho Cucamonga does
hereby 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. In conjunction with this Development Agreement, an Environmental
Assessment, in conformity with the requirements of the California Environmental
Quality Act, has been prepared. The Commission has determined that this
project would not have a significant adverse effect on the environment, and
hereby adopts a finding of no significant impact on the environment and issues
a Negative Declaration.
3. Based upon substantial evidence presented during the above
referenced public hearings on October 26, 1988 and November 16, 1988, including
written and oral staff reports, together with public testimony, this Council
hereby specifically finds as follows:
(a) The subject property is suitable for the uses permitted in
the proposed Development District in terms of access, size, and
compatibility with existing land use in the surrounding area; and
Ordinance No. 377
Page 3
(b) The proposed Development District pre-zone would not have
significant adverse impacts on the environment, nor the surrounding
properties; and
(c) The proposed Development district pre-zone is in conformante
with the General Plan.
4. This Council specifically finds that:
(a) The location, design, and proposed uses set forth in this
Development A~reement are compatible with the character of existing
development in the vicinity.
(b) The Development A~reement conforms to the General Plan of
the City of Rancho Cucamonga.
5. It is expressly found that the public necessity, general welfare,
and good zoning practice require the approval of the Development A6reement.
6. This Council approves the Development A~reement attached hereto as
Exhibit "1".
7. The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published within fifteen (15) days after its passage at least
once in The Daily Report, a newspaper of general circulation published in the
City of Ontario, California, and circulated in the City of Rancho Cucamonga,
California.
ATTEST:
PASSED, APPROVED, and ADOPTED this 7th day of December, 1988.
Brown, Buquet, Stout, Wright
AYES:
NOES: None
ABSENT: None
ABSTAINED: Alexander
Dennis L. Stout, Mayor
Authelet, City Clerk
Ordinance No. 377
Page 4
I, BEVERLY A. AUTHBLET, 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 16th
day of November, 1988, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the 7th day of December, 1988.
Executed this 8th day of December, 1988 at Rancho Cucamonga,
California.
Beverly A~Aut~elet, City Clerk
EXHIBIT "1"
Ordinance No. 377
Page 5
RECORDING REQUESTED BY All)
WHEN RECORDED MAIL T0:
Beverly A. Authel et
City Clerk
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, Ca1 ifornia g1730
?HIS AGREIENENT is made and entered into as of the thirty-first day
following final adoption of the ordinance approving it (hereinafter, the
"Effective Date") by and between the CITY OF RANCHO CUCAIqONGA, a municipal
corporation ("City" hereinafter) and AlfqANSON DEVELOPNENTS, INC. (hereinafter
referred to as "Developer").
A. Recitals.
_~_Z_T_N_~_S_S_~T H_.-
(t) California Government .Code Section 65864 provides 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 development to the
consumer, and discourage investment in and commitment to
comprehensive planning which would make maximme 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,
-1-
rules and regulations, and subject to conditions of approvaT,
will strengthen the public pTanning process, encourage private
Participation in co~rehensfve planning, and reduce the
econ~tc costs of develo~nt."
(it) CaTfforn~a Government Code Section 65865 provides tn pertinent
part as follows:
"Any city, . . . , may enter into a development agreement
with any person having a legal or equitable tnterest in real
property for the development of such property as provided in
this arttcle .... ,,
folloNs: (ftl) California Government Code Section 65865.2 provides as
"A development agreement shall specify the duration of
the agreement, the permitted uses of the property, the density
or intensity of use, the maximas height and size of proposed
buildings, and provisions for reservation or dedication of
land for public purposes. The development agreement may
fncTude conditions, terms, restrictions, and requirements for
subsequent discretionary action, provided that such
conditions, tenas, restrictions, and requirements for
subsequent discretionary actions shall not prevent develoment
of land for the uses and to the density or tn~nstty of
develoment set fo~ in the agreement. The agreement may
provide that constrqJction shall be co~nced within a
specified time and that the project or any phase thereof be
completed within a specified time."
(iv) Developer o~ns fee title in and to that real property
consisting of approximately 53 acres in the unfncorporated area of San
Bernardfno County no~ proposed for annexation to City, Said property is
Tega]ly described fn Exhibit "A" attached hereto and hereinafter is referred
tO as "the Site".
-2-
Ordinance No. 377
PaSe 7
iv) City's General Plan Designation for the Site fs Low Density
Residential (two to four unlts per acre). Developer and City desire to
provide through this Development Agreement specific development criteria to be
applicable to the Site upon its annexation to Ctty which will provide for
maximum efficient utilization of the SIte in accordance with sound planntng
principles.
(vt) This Agreement ts entered tnto pursuant to the provisions of
Article 2.5 of Chapter 4, Title 7 of the California Government Code commencing
with Section 65864 thereof.
(vii) City has determined that the use and intensity of use provtded
fn this Development Agreement fs consistent with the General Plan.
(vtt1) As part of the process of approvtng this Agreeeent; Ctty has
undertaken, pursuant to the California Envtroneentel Oua]tty Act ("CEOA"), the
required analyses of the environmental effects whtch would be caused by the
agreecent and adopted a resolution docueentfng compliance with CEQA.
(ix) As further consideration for the assurances provided by this
Agreement to Developer that Developer wt]l not be prevented from developing
the Property, City has requested that Developer provtde, and is wt]ling to
provide, certain additional sums and agreements to construct and transfer to
the pub]tc certain additional improvements.
NOW, THEREFORE, the parties hereto agree as follows:
Z. The parties hereby agree that Ctty's zontng and prezontng
designation for the Site hereby is deemed to be Low Residential (L) subject to
the speclftc tenas and provisions hereof whtch shall supersede conflicting
standards and requlrement$ of the Low Residential {L) Dtstrtct so long as thts
agreement is in full force and effect, The duration of this Development
Agreement shall be seven (7) years following the Effective Date, that ts, upon
-3-
Pa~e 8
the expiration of the seven (7) year period conmenctng fnmedfateTy after the
Eff~ttve Date, if ~veloper has not then perfo~d construction work on the
Site or any portion or portions thereof Pursuant to a building permit or
Permits issued by City, the Site or any such portion or Portions thereof shall
then be deemed to be zoned Low Residential (L) and the develo~nt of the Site
then and thereafter shall be governed accordingly by the then current
Provisions of the City's Zoning Ordinance as to L zoning or the then
applicable sp~iftc plan and/Or zoning catego~ succeeding thereto. For the
foregoing purpose, construction work shall not include Preparation of plans,
engineering work or grading.
2. The following development standards and conditions shall govern
the development of the Site during the term hereof, subject to the Provisions
of paragraph 1 heretnabove:
A. City shall alToN the Site to be developed to a density of up
to t~o and a quarter (2.25) per acre, calculated in accordance with City's
method of calculation specified in its Development Code as of the Effective
Date. Developer may apply for any density within the standards of the Low
Residential (L) zone.
B. When and if requested by Developer from time to time, City
shall use its best efforts to initiate and process to completion Proceedings
pursuant to the ~llo-Roos Conmeunity Facilities Act of 1982, the Huntcipal
Improvement Act of 1911, the Municipal Improvement .Act of 1913, the
Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, and
any and. all other available proceedings to provide for public conduit
financing for the construction of public improvements required as a condition
to develorment of the Site or any portion or portions thereof.
C. In lieu of the dedication of land located within the Site,
Developer shall pay Cfty's park fees required due to the residential
development of the Site. Said park fees shall be calculated in accordance
with standards in effect at the time any such fees are due and owing. As to
residential development within any final tract, said park fees shall be
payable for a lot contained within a final tract when City releases utilities
-4-
for occupancy of that lot for residential use.
Ordinance No. 377
9aBe 9
O. SubJect to subparagraphs 2.E and F herefnbeloN, Developer
shaT1 pay any and all City fees required as a result of development of the
Site, or any portion or portions thereof, at rates current at the time
payable, including, but not limited
to, beauttfication fees, park fees,
systems development fees, building permit fees, plan check fees and drainage
fees.
E. Developer may request and City shall extend to Developer
credit against required drainage fees only to the extent of Oeveloper's dtrect
construction costs incurred in constructing Permanent storm drain drainage
facilities required by City as a condition of developing the Site or any
portion or portions thereof.
F. Developer may request and City shall extend to Developer
credit against required systems development fees only to the extent of
Developer's direct construction costs incurred in constructing oversized
facilities (t.e., facilities sized to service areas located outside of the
site) ~htch are not located Nitbin. the site, or abutting the site. However,
if traffic signals are required by this development, the Developer shall be
entitled to credit against required systems development fees to the extent
above the Developer's fair share.
G. Developer shall consent to the creation of an assessment
district or districts to provide for the construction and maintenance of any
and all lighting and landscaping within public rights-of-way within the Site
or abutting the Site pursuant to the Landscaping and Lighting Act of Z972 or,
ff applicable, i)eveloper shall consent to an annexation or annexations of the
Site or
any portion or portions thereof to an existing assessment district
formulated under said Act for that purpose.
H. Zf required by City as a condition of development of-the
Site or any portion or portions thereof, Developer shall consent to the
application of the Iqello-Roos Facilities Act of 1982 thereto to construct and
maintain facilities and/or to Purchase and maintain equipment reasonably
-5-
Page
necessa~ to provfde fire protection services to the Site or the appTfcabTe
portion or portions thereof.
Z. Z1, required by City as a condttlon o1, development of the
Site or any portion or portions thereof, Developer shall consent to the
application of the Iqello-Roos Fadlttfes Act of 1982 thereto, or Developer
contribution of equivalent 1,unds, to construct regfonal dratnage 1,adlfttes.
J. Zf the City vacates 25th Street, the southern half o1, the
pubTic right-of-way shall revert to the property o~mer and the northern half
of the public right-of-way shall be fetetried by the City for drainage
purposes. To 1,acflftate these changes, the City shall include the entire
right-of-way for 25th Street fn the ~nexatfon request.
K. Developer shall provtde each prospective buyer wrttte~
notice of the potential Fourth Street Rock Crusher project fn a standard
format as detem~ned by the City Planner, prior to accepting a deposit on any
property.
3. Except as expressly modffted herefn, all substantive and
procedural requfreeents and provtsfons contained fn Ctty's ordinances,
spect1,tc plans, rules and regulations, 1ncludtng, but not lfmtted to, Its
Development Code, as mended, buildtrig code, electrlcal code, 1,1re code and
plumbing code shall apply to the development of the Site pursuant to thts
Developcent Agreecent. Further, any terms or phrases contetned herein 1,or
which there are deflnftions provtded tn Ctty's satd .Developcent Code shall be
deemed to be uttllzed fn accordance wlth those deffnttlons.
4. Zn accordance with California Government Code Sectton 65868.5, a
certtf(ed copy-of this Agreement shall be recorded wtth the Recorder of San
8ernardtno County, Calffornfa, temedtately upon this Agreement becomtng
e1,fecttve.
5. The parties 1,urther agree as t'ol 1 o~s:
-6-
Ordinance No. 3 77
Page 11
A. Except as expressly set forth fn this Agreement, no
representations of any kind or character have been made to one another by any
of the parties hereto or by any of the Parties' agents, representatives,
associates or attorneys with respect to each subject to which this Agreement
r'el ates.
B. Thts Agreement contains the entire agreement of the parties
with respect to each sub3ect to which ft relates.
C. This Agreement can only be amended in writing, which writing
must first be executed by all of the parties hereto.
D. No provision of this Agreement may be waived, except
wr/ting, which wr/tfng must be executed by all of the parties hereto.
E. The parties hereto each agree that they shall execute and
deliver to the other, upon request so to do, any and all docaents reasonable
and necessary to accomplish or evidence the agreements contained fn or
contemplated by this Agreement.
F. Zn the event that any party should default in one or mere of
its obligations provided in or conteeplated by this Agreecent, the defaulting
party shall pay to the other all expenses incurred in connection vtth efforts
to enforce such obligation, fncTuding reasonable attorneys' fees and costs
whether or not suit be comenced. '
G. This Agreement, a11 other documents and agreements provtded
fn or contemplated hereby, and all rights and obligations artstng therefrom
shall be binding upon and inure to the benefit of the parties hereto and thetr
respective heirs, representatives, successors and assigns.
6. Annual Revtev. Ctty and Developer shall revte~ the performance
of thts Agreement, and the development of the property, at least once in every
Z2-mnth pertod from the date hereof. As part of such annual review, within
30 days after each anniversary of thts Agreement, Oeveloper shall deliver to
City all information reasonably requested by Ctty (t) regarding Oeveloper's
-7-
Page 12
Performance under this Agreement demonstrating that Developer has compTfed fn
good faith with tenas of this Agreement and (if) as required by the City s
Existing Ordinances. '
If as a result of such annual review, City finds and determines,
on the basis of substantial evidence, that Developer has not complied in good
faith with any of the tenas of conditions of this Agreement, City may
terminate this Agreement.
7. Covenants Run with the Land. All of the Provisions, terms,
covenants and obligations contained in this Agreement shall be binding upon
the parties and their respective heirs, successors (by merger, consolidation,
or otherwise) and assigns, devisees, administrators, representatives, lessees,
and all other persons acquiring any rights or interests in the Property, or
any portion thereof, whether by operation of law or in any manner whatsoeve~
and shall inure to the benefit of the Parties and their respective heirs,
successors (by merger, consolidation or otherwise) and assigns. All of the
Provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land pursuant to applicable law. Each
covenant to do or refrain from doing some act on the Property hereunder (A) is
for the benefit of and is a burden upon every portion of the Property, (B)
runs with such lands and (C) is binding upon each party and each successive
owner during its ownership of such Properties or any portion thereof, and each
person having any interest therein derived in any manner thorough any owner of
such lands, or any Portion thereof, and shall benefit each party and its lands
hereunder, and each other person succeeding to an interest in such lands.
Notwithstanding any of the foregoing or in this Agreement to the
contrary, any assignee or transferee or mortgagee which acquires any right or
interest in or with respect to the Property or any portion thereof shall
and
hold such rights and interests subject to this Agreement and shall t~
have been deemed to have assaBed the Developer's obligations or the other
affirmative duties and obligations of Developer hereunder except:
-8-
Ordinance No. 377
PaSe 13
it) to the extent that any of such assignees, transferees or
mortgagees have expressly assumed any of the duties or obligations of
Developer hereunder;
(ti) if any such assignee, transferee or mortgagee accepts,
holds, or attempts to exercise or enjoy the rights or interests of Developer
hereunder, it shall have assumed the obligations of Developer; and
(ttt) to the extent that the Performance of any duty or
obligation by Developer is a condition to the performances of a covenant by
Developer, it shall conttnue to be a condition to Developer's performance
hereunder.
8. Hortgagee Protection. This Agreement shall be superior and
sentor to any 1ten placed upon the Property, or any portion thereof, tncludtn~
the lien of any mortgage. NotNithstandtng the foregoing, no breach hereof
shall defeat, render invalid, diminish or tmpatr the lien of any mortgage made
tn good faith and for value and any acquisition or acceptance of title or any
right or tnterest in or with respect to the Property or any portion thereof,
by a mortgagee (~hether under or pursuant to a mortgage, foreclosure,
trustee's sale, deed in lieu of foreclosure, or othen~tse), shall be subject
to 811 of the terms and conditions contained in thts Agreement. No mortgagee
shall have an obligation or duty under this Agreement to perform Developer's
affirmative covenants of Developer hereunder, or to guarantee such
performance; except that to the extent that any covenant to be performed is a
condition to the performance of a covenant by Ctty, the performance thereof
shall continue to be 8 condition precedent to Cfty's performance hereunder.
Each mortgagee shall have the rtght (but not the obligation) for a
period of ninety (90) days after the receipt of such nottce from City to cure
or remedy, the claim of defaul.t or noncompliance set forth in the Ct'ty's
notice, Zf the default is of a nature which can only be remedted or cured by
such mortgagee upon obtaining possession, such mortgagee shall seek to obtain
possession with diligence and continuity through foreclosure, a recetver or
otherwise, and shall thereafter remedy or cure the default or noncompliance
within thtrty (30) days after obtaining possession, Zf any such default or
-9-
noncompliance cannot, with diligence, be remedied or cured within such thirty
(30) day period, then such mortgagee shall have such additional time as may be
reasonably necessary to remedy or cure such default or noncompliance tf such
mortgagee cemences cure during such thirty (30) day period, and thereafter
d~lfgently pursues and completes such cure.
ZN W;TNESS WHEREOF, the parties have executed and entered Into thts
Agreement as of the effective date of the ordinance approvfng this Agreement.
Da ted:
Dated:
Clty CTerk
Dated:
STATE OF CALrFORNZA )
COUNTY OF )
OWNER:
AI.NANSON DEVELOPNENTS, ZNC.
evidence to be
acknowledged to me that
such corporation,
On , 1988, before me, the undersigned a Notary
Public fn and for sald County and State, personally appeared
and proved to me on the basis of satisfactory
the person executed this Instrument as
of AIIMNSON DEVELOPMENTS, ZNC. and
such officer ls authorized to execute on behalf of
WZTNESSmy hand and official seal.
Notary Publlc fn and for said State