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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