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HomeMy WebLinkAbout84-333 - ResolutionsRESOLUTION NO. 84-333 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, SUPPORTING THE CONCEPT OF AN AGREEMENT BETI~ERN LEHIS HOMES AND THE CENTRAL SCHOOL DISTRICT TO PROVIDE CLASSROOM FACILITIES FOR GRADES KINDERGARTEN THROUGH EIGHTH GRADE IN THE TERRA VISTA PLANNED COMMUNITY WHEREAS, the Central School District of San Bernardino County (hereinafter called "the District") serves a portion of the Terra Vista Planned Community (hereinafter called "the Property'*) being developed by Lewis Homes of California, Lewis Development Company, and Western Properties, all general partnerships (hereinafter called, collectively, '~ewis*'), as created by Ordinance No. 190 of the City of Rancho Cucamonga (hereinafter called "the City"); and WHEREAS, Lewis and the District have entered into the Terra Vista School Facilities Agreement (hereinafter called "the School Agreement"), pursuant to which Lewis will provide school facilities, deemed adequate by the District, or pay fees in lieu thereof, for all students in grades kindergarten through eight, inclusive (hereinafter called "grades K-8"), to be generated by development of the Property (hereinafter called the "school facilities"); and WHEREAS, the City desires that Lewis and the District carry out the School Agreement with minimal City involvement, and wishes to clarify its intentions and resolve certain possible ambiguities so that provision of the school facilities may proceed as intended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PaCEO CUCAMONGA DOES HEREBY RESOLVE AS FOLLOWS: 1. DesiRn and Construction of School Facilities. In recognition of the fact that review, approval, inspection, and other regulation of the design and construction of school facilities is a concern of the State of California, the school facilities to be constructed or provided by Lewis pursuant to the School Agreement shall be treated by the City in all respects identically to similar facilities constructed or provided by the District. 2. Satisfaction of School Fees and Exactions. In recognition of the District's acceptance of the School Agreement as mitigation of all grades K-8 interim school facilities needs arising out of development of the Property, the City will accept Lewis' performance of its obligations under the School Agreement in lieu of any fees, dedications, assessments, taxes, or other exactions imposed on or as a condition of development of the Property, pertaining to grades K-8 school overcrowding or other aspects of grades K-8 educational facilities development, related to or arising out of residential development of the Property which might otherwise be imposed on the Property under present City ordinances and policies, or which might be imposed for purposes of providing for grades K-8 interim school facilities in the future. 3. Buildin~ Moratoria. The City recognizes the intent of the School Agreement that the Property should be exempt from any moratorium or similar action necessitated by lack of educational facilities to house grades K-8 students generated by new development, so long as Lewis performs its obligations under the School Agreement. Resolution No. 84-333 Page 2 4. Application to Other Parties. This Resolution shall apply to any successors in interest of Lewis bound by the provisions of the School Agreement. NOT APPROVED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Jon D. MikeIs, Mayor Beverly A. Authelet, City Clerk