HomeMy WebLinkAbout365 - OrdinancesORDINANCE NO. 365
AN ORDINANCE OF THE CITY COUNCIL OF RANC~O CUCAMONGA,
CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND
DEVELOPMENT AGREEMENT NO. 88-01 - TERRANCE MELCHER, FOR
ANNEXATION AND DEVELOPMENT OF A 96 ACRE PORTION OF SAN
BERNARDINO COUNTY UNINCORPORATED AREA LOCATED AT THE
NORTHWEST CORNER OF ETIWANDA AVENUE AND 24TH STREET
A. Recitals.
(i) 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."
(ii) California Government Code Section 65865 provides, in pertinent
part, as follows:
"Ar.y 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 .... ',
(iii) California Government Code Section 65865.2 provides as follows:
"A development agreement shall specify the duration of the agreement,
the permitted uses of the property, the density of intensity of use..."
(iv) Attached to this Ordinance, marked as Exhibit "1", and
incorporated herein by this reference, is a proposed Development Agreement
concerning that property located at the northwest corner of Etiwanda Avenue and
24th Street. Hereinafter in this Ordinance, that agreement attached hereto as
Exhibit "1" is referred to as "the Development Agreement."
Ordinance No. 365
Page 2
(v) On June 22, 1988, the Planning Commission of the City
Cucamonga held ~ duly noticed public hearing concerning the
Agreement and concluded said hearing on that date.
of Rancho
Development
(vi) On July 13, 1988, the City Council of the City of Rancho
Cucamonga held a duly noticed public hearing concerning the Development
Agreement, concluded said hearing on that date, and on that date considered the
Planning Commission recommendation.
(vii) All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANC~O OJCAMDNGA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
1. In all respects as set forth in Recitals, Part A of this
Ordinance.
2. In conjunction with the Development Agreement, an Initial Study
and Preliminary Environmental Assessment has been prepared, in conformity with
the requirements of the California Environmental Quality Act of 1970; and this
Council has determined that this application could not have a significant
adverse effect on the environment, hereby adopts a finding of no significant
impact and issues a Negative Declaration.
3. This Council specifically finds that:
(a) The 96 acre property is suitable for a master planned
residential development and is compatible with the existing General Plan
designation for the land use in the surrounding area; and
(b) That the Development Agreement will not have a significant
impact on the environment; and
(c) That the Development Agreement is in
General Plan designation of Low Density Residential (2-4
acre).
conformance with the
dwelling units per
4. The City Council hereby approves and ordains the Development
Agreement attached hereto as Exhibit "1".
5. 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.
Ordinance No. 365
Page 3
PASSED, APPROVED, and ADOPTED this 3rd day of August, 1988.
AYES: Brown, Stout, King, Wright
NOES: None
ABSENT: Buquet
Dennis L. Stout, Mayor
ATTEST:
Authelet, City Clerk
I, BEVERLY A. AUTHELET, 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 20th day of July, 1988, and was finally passed at a regular meeting
of the City Council of the City of Rancho Cucamonga held on the 3rd day of
August, 1988.
Executed this 4th day of August, 1988 at Rancho Cucamonga, California.
Beverly~A. A°uthelet, Cit~ Clerk
Ordinance No. 3 65
Page 4
EXHIBIT "1"
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Beverly A. Authelet
City Clerk
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, Callfornla 91730
DEVELOPMENT AGREEMENT CONCERNING
THAT PROPERTY GENERALLY LOCATED AT ~]~E NORTHWEST
CORNER OF ETIWANDA AVENUE AND 24TH STREET
THIS AGREEMENT is made and entered into as of the thirty-first day
following final adoption of the ordinance approving it (herelnafter, the
"Effective Date") by and between the CITY OF RANC~O C]3CAMDNGA, a municipal
corporation ("City" hereinafter) and DORIS DAY, FRANK DE VOL and GRACE DE VOL
(herelnafter collectively referred to as "Developer").
WITNESSETH:
A. Recitals.
(i) California Government Code Section 65864 provides as follows:
"The Legislature finds and declares that:
"(a) The lack of certainty in the approval of developaent
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 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 pol icies, 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 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. 3 65
~age 5
(iii) .California Government Code Section 65865.2 provides as follows:
· 'A development agreement shall specify the duration of the
agreement, the permitted uses of the property, the density or
intensity of use, the maxlmnm belght 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 action, provided that such conditions, terms,
restrictions, and requirements for subsequent 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. The agreement may provide that construction shall be
commenced within a specified time and that the project or any
phase thereof be completed within a specified time."
(iv) Developer owns fee title in and to that real property consisting
of approximately 96 acres generally located at the northwest corner of Etlwanda
Avenue and 24th Street in the unlncorporated area of San Bernardlno County now
proposed for annexation to City. Said property is legally described in Exhibit
A attached hereto and hereinafter is referred to as "the Site."
(v) City's general plan designation for the Site is low density
residential (two to four units 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 ~ity which will provide for
maximum efficient utilization of the Site in accordance with sound planning
principles.
(vi) This Agreement is entered into pursuant to the provisions of
Article 2.5 of Chapter 4, Title 7 of the California Government Code commencing
with Section 65864 thereof.
B. Agreement.
NOW, ~EREFORE, the parties hereto agree as follows:
1. The parties hereby agree that City' s zoning and prezoning
designation for the Site hereby is deemed to be low residential (L) subject to
the specific terms and provisions hereof which shall supersede conflicting
standards and requirements of the low residential (L) district so long as this
agreement is in full force and effect. The duration of this Development
Agreement shall be seven (7) years following the Effective Date, that is, upon
the expiration of the seven (7) year period commencing immediately after the
Effective Date, if Developer has not then performed 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 development 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
specific plan and/or zoning category succeeding thereto. For the foregoing
purpose. construction work shall not include preparation of plans. engineering
work or grading.
Ordinance No. 3 65
Page 6
2. The following development standards and conditions shall govern
the develo~raent of the Site during the term hereof, subject to the provisions
of paragraph I hereinshore:
A. City shall allow the Site to be developed to a density of up
to three (3) dwelling units per acre, calculated in accordance with Cityts
method of calculatlon 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 Mello-Roos Community Facilities Act of 1982, the Municipal
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 proceedlugs to provide for public conduit finauclng for the
construction of public improvements required as a condition to development of
the Site or any portion or portions thereof.
C. In lleu of the dedlcatiou of land located vithin the Site,
Developer shall pay City~ s park fees required due to the resideutlal
development of the Site. Said park fees shall be calculated iu accordance with
standards iu effect at the time any such fees are due and owlug. As to
residential development within any flual tract, said park fees shall be payable
for a lot contained wlthiu a flual tract when ~ity releases utilities for
occupancy of that lot for resldential use.
D. Subject to subparagraphs 2.E and F hereinbelow, Developer
shall 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 limlted to, beautlflcatlon 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 duly to the extent of Developer's direct
construction costs incurred in constructing permanent 24th Street Master 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 developsent fees duly to the extent of
Developer' s direct construction costs incurred in constructing oversized
facilities (i.e., facilities sized to service areas located outside of the
-~f'te)' which are not located within 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 falr. share. Further, if City requires the improvement of
Etlwanda Avenue between 24th Street and Highland for interim direct access to
the Site, uo costs thereof shall be reimbursed to Developer.
Ordinance No. 365
Page 7
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 1972 or, if
appllcable, Developer 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. If required by City as a condition of development of the
Site or any portion or portions thereof, Developer 8hall consent to the
application of the Mello-Roos Facilities Act of 1982 thereto to construct and
maintain facilities and/or to purchase and maintain equipment reasonably
necessary to provide fire protection services to the Site or the applicable
portion or portions thereof.
I. If 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 Mello-Roos Facilities Act of 1982 thereto, or Developer
contribution of equivalent funds, to construct regional drainage facilities.
4. Except as expressly modified herein, all substantive and
procedural requirements and provisions contained in City's ordinances, specific
plans, rules and regulations, including, but not limited to, its Development
Code, as amended, building code, electrical code, fire code and plumbins code
shall apply to the development of the Site pursuant to this Development
Agreement. Further, any terms or phrases contained herein for which there are
definitions provided in City's said Development Code shall be deemed to be
utilized in accordance with those definitions.
5. In accordance with California Government Code Section 65868.5, a
certified copy of this Agreement shall be recorded with the Recorder of San
Bernardino County, California, immedlately upon this Agreement becoming
ef fect lye.
6. The parties further agree as follows:
A. Except as expressly set forth in 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
relates.
B. This Agreement contains the entire agreement of the parties
with respect to each subject to which it 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 in
writing, which writing must be executed by all of the parties hereto.
Ordinance No. 365
Page 8
E. The parties hereto each agree that they shall execute and
deliver to the 'other, upon request so to do, any and all documents reasonable
and necessary to accomplish or evidence the agreements contained in or
contemplated by this Agreement.
F. In the event that any party should default in one or more of
its obligatlons provided in or contemplated by this Agreement, the defaultlng
party shall pay to the other all expenses incurred in connection with efforts
to enforce such obligatlon, including reasonable attorneys' fees, whether or
not suit be commenced.
G. This Agreement, all other documents and agreements provided
in or contemplated hereby, and all rights and obligations arising therefrc~a
shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the effective date of the ordinance approvlng this Agreement.
CITY OF RANC~O CUCAMDNGA
Dated:
By
Mayor
Dated:
By
City Clerk