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HomeMy WebLinkAbout62-Planning 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING A DEVELOPMENT AGREEMENT BETWEEN GUADALUP~ HOMES AND THE CITY OF SAN BERNARDINO. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. A. WHEREAS, Guadalupe Homes, 1470 Cooley Drive, Colton, California, owns an option to purchase .63 acres of land in the City of San Bernardino (hereinafter "the Property:): and B. WHEREAS, Guadalupe Homes has requested approval of a certain development agreement attached as Exhibit "1" to this ordinance: and C. WHEREAS, the development agreement implements the City of San Bernardino Municipal Code and the conditions imposed on Parcel Map 11421 relative to the continued use of the Property as a children's home and its ultimate use for purposes other than a children's home: and D. WHEREAS, on November 7, 1989 the Planning Commission held a public hearing and heard testimony on this matter and recommended approval of the development agreement: and E. WHEREAS, on November 20 and December 18, 1989, the Mayor and Common Council held a public hearing and heard i testimony on this matter: and F. WHEREAS, the Mayor and Common Council are authorized under California Government Code Section 65864 through 65869.5 (the "Development Agreement Statute") to adopt development agreements by ordinance based on certain facts and findings: SECTION 2. NOW, THEREFORE, BE IT ORDAINED by the Mayor and 1 6~ ,I il I 1 'I I, 2 II 3 I 4 5 I 6 \ 7 8 9 10 11 12 13 14 15 16 17 I 18 II 19 II 20 I 21 i 22 I i I 23 24 25 26 27 28 Common Council of the City of San Bernardino as follows: A. The Mayor and Common Council HEREBY FINDS that the development agreement is consistent with the City of San Bernardino General Plan for the following reasons: (I) Guadalupe Homes' use of the property as a children's home furthers important City goals of providing social services, housing, and education to abused children; (2) The development agreement allows Guadalupe Homes to continue operating its children's home without currently undertaking street widening and other improvements that might bring traffic too close to the home and without destroying existing landscaping, until such time as the property is no longer used as a children's home; (3) The development agreement assures that landscaping and pubiic facilities not installed prior to map recordation shall be installed at such time as the property is no longer used as a children's home, regardless of the City approvals necessary to change such use; (4) The development agreement furthers planned, cohesive development of the City, including the provision of adequate public facilities as development occurs. B. The Mayor and Common Council of the City of San Bernardino HEREBY APPROVES the development agreement between Guadalupe Homes and the City of San Bernardino attached to this Ordinance as Exhibit "1", and incorporated herein by reference. SECTION 3. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING A DEVELOPMENT AGREEMENT BETWEEN GUADALUPE HOMES AND THE CITY OF SAN BERNARDINO. City, the Development Agreement attached as Exhibit "1" between Guadalupe Homes and the City of San Bernardino. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~~ 3 DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this day of , 19_, by and between the City of San Bernardino ("City"), a municipal corporation, and Guadalupe Homes (the "Owner"). For purposes of this Agreement, "Guadalupe Homes" and "Owner" shall mean Guadalupe Homes and its successor(s) in interest. RECITALS A. Government Code Sections 65864 through 65869.5 (the "Development Agreement Statute") authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property in the City for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation in comprehensive planning, reducing the economic costs of such development, and providing public facilities in connection with new development. B. In accordance with the Development Agreement Statute, the City has undertaken the necessary proceedings, including hearings before the Planning Commission and the Common Council and has determined that this Development Agreement is consistent with the City's General Plan. C. Guadalupe Homes owns an option to purchase .63 acres of an approximately 3.64 acre parcel of land Zoned C-H (Commercial Heavy) more particularly described in Exhibit "A" hereto (hereinafter, "the property"). In order for Guadalupe Homes to exercise its option to purchase .63 acres of the property, the current owner of the property wishes to subdivide the property into two parcels, as indicated in the parcel map attached hereto as Exhibit "B", and the City wishes to allow the subdivision to occur, provided that adequate public facilities are provided for the property as the property develops. In order to further these goals, the City has approved Tentative Parcel Map 11421 providing for subdivision of the property subject to six standard requirements and to conditions of approval. Guadalupe Homes currently operates a home for abused children on the parcel designated "Parcel 2" in Exhibit "B" hereto. For the foreseeable future, Guadalupe Homes intends to continue its current use of the property (the "current use"). The Owner's current use of the property furthers important City goals of providing social services, housing, and education to abused children. Nevertheless, the City wishes to ensure that when the property is developed for purposes other than its current use, certain landscaping improvements and public facilities shall be provided in connection with such development. -2- D. Th~ City enters into this Agreement pursuant to the provisions of California Government Code Sections 65864 through 65869.5, the San Bernardino Municipal Code, and applicable City policies. The parties acknowledge: (1) This Agreement is intended to further planned, cohesive development in the City, including the provision of adequate public facilities as development occurs. (2) This Agreement is intended to further develop- ment in accordance with the City's General Plan. (3) This Agreement is intended to provide certainty in the development approval process by allowing the owner to subdivide the property, to carryon their current uses on the property, and to assure that as the property develops, the owner or its successors in interest will provide necessary public facilities. (4) This Agreement, along with existing regula- tions, will require the Owner to provide certain public facilities and public and private improvements as conditions of various approvals through the regulatory process. (5) This Agreement will allow the City to realize educational and social benefits in addition to those that would be available through the existing regulatory process if the Owner's subdivision was not undertaken pursuant to this Agreement. -3- AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants hereafter contained, and for the purposes stated above, the City and the Owner hereby agree as follows: 1. Effective Date of Agreement. This Agreement shall become effective on the effective date of the Ordinance of the City Council approving this agreement pursuant to the Development Agreement Statute. 2. Term. The term of this Development Agreement shall commence on the effective date of this Agreement and shall extend until the date that the Owner fulfills its obliga- tions listed in Section 5 hereto, unless the Agreement is cancelled or modified as set forth herein. Following the end of said term, this Agreement shall be of no further force and effect. The parties may extend the term of this Agreement by adopting an amendment hereto by mutual consent and by the City's approval of the amendment pursuant to the City's procedures for approval of development agreements. 3. Owner's Interest. The Owner represents that it has legal interests in the property and that all other persons holding legal interests in the property are bound by this Agreement. All of the property is subject to the terms of this Agreement. -4- 4. City Action Approving PM 11421. On June 6, 1989, the Planning Commission approved Tentative Parcel Map 11421 subject to various standard requirements and conditions of approval (hereinafter, the "requirements and conditions"). The list of those conditions and requirements is attached hereto as Exhibit "C". The requirements and conditions were designed to ensure a comprehensive plan for development of the property. Guadalupe Homes appealed the imposition of several of the requirements and conditions, alleging that performance of several requirements and conditions was unnecessary until such time as the property was developed for uses other than its current uses. In meetings following the Planning Commission action, it was discovered that satisfaction of all the requirements and conditions at the time of filing of the parcel map would interfere with the operation of Guadalupe Homes' children's home as follows: a. Dedication and improvement of Cluster Street (Requirements Nos. 49-50) would bring the street right-of- way within too short a distance from the children's home and would disturb existing mature landscaping. b. Undergrounding utilities on Cluster Street (Requirement No. 47) would disturb existing mature landscaping. c. ~lanting street trees on Cluster Street and berming the Cluster Street front setback (Condition No.4) -5- would disturb existing mature landscaping. Parcel 2 lacked sufficient space for these improvements in addition to street improvements. In meetings subsequent to the Planning Commission action, it was also discovered that two landscaping requirements concerned parcels not related to Guadalupe Homes' application and could be deleted from the list of standard conditions and reimposed as a condition of subsequent approvals. This Agreement is to ensure that the above- referenced requirements and conditions are performed at such time as development for purposes other than the current uses occurs on the property. 5. The Owner's Obligations. In consideration of the City's entering into this Agreement, the Owner agrees that: Guadalupe Homes or its successor in interest shall at the time of plot plan approval for any commercial heavy development on Parcell: (1) Plant street trees on Cluster Street - Crepe Myrtle 'Lavender' (35' ole 24" Box) (Condition No.4): (2) Berm remaining front setback (12" HIP) (Condition No.4): (3) Underground utility services on Cluster Street frontage and record easements as required (Require- ment No. 47): -6- (4) Dedicate and improve Cluster Street right-of-way 20 feet from the existing centerline, including combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to, traffic signals, traffic signal modification, relocation of public or private facilities which interfere with new construction, stripping, signing, pavement marking and markers, and street name signing. All design and construction shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings," unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures." Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer (Requirements Nos. 49-50). Guadalupe Homes shall, record prior to final approval of PU 11421, execute and cause to be recorded a deed of trust securing Guadalupe Homes' performance of these obligations. Guadalupe Homes shall not sell or otherwise transfer Parcel 2 unless concurrently with sale or other transfer: (1) The buyer or transferee executes and causes to be recorded a substitute deed of trust securing the performance of the aforementioned obligations; and -7- (2) The City executes and causes to be recorded a full reconveyance of the deed of trust executed by Guadalupe Homes. 6. Specific Restrictions - Effect of Agreement on Subsequent Approvals. This Agreement does not limit the City's ability to impose as conditions of plot plan approval under San Bernardino Municipal Code Section 18.36.130 or as conditions of other approvals, such additional reasonable conditions it might otherwise apply, in addition to the requirements and conditions imposed on PM 11421 and in addition to the Owner's obligations set forth in Section 5 hereof (the "Existing Conditions"). However, the deeds of trust securing the obligations set forth in Section 5 hereof shall not secure performance of any other requirements or conditions. The design and building and construction standards and specifications for buildings and structures on the property shall be those standards and guidelines in effect at the time that the Owner or its successors seek any development approval for any unit or structure on the property. This Agreement does not prevent the City in subse- quent actions applicable to the property from imposing new fees or increasing or decreasing existing fees which the owners may be required to pay as a condition to obtaining approval of tentative tract maps, final tract maps, condi- -8- ~ . tional use permits, variances, building permits, certifi- cates of occupancy, or other approvals related to the development of the property. This Agreement does not prevent the City from adopting and applying new rules, regulations and policies to the property which are not inconsistent with the Existing Conditions which do not frustrate the purposes of this Agreement. Further, this Agreement does not prevent the City from denying or conditionally approving any subsequent development project application by the Owner or any other applicant with respect to property not included within the area subject to PM 11421 on the basis of either existing or new rules, regulations and policies. 7. Fees and.Charges. The Owner shall pay all fees and charges of the City which are required as a condition of the subdivision and development of the property and the receipt of municipal services, including but not limited to such fees and charges as may be established from time to time by the City Council for deferring the cost of the planning, design, construction, installation and acqui- sition of municipal facilities which are necessary for the City to provide municipal services to the property, includ- ing acquisition of parcels of real property, rights-of-way and easements where the municipal facilities will be located. -9- Such fees and charges may include, but shall not be limited to, fees and charges for storm drains and flood control facilities, major thoroughfares, parks and park and recreation facilities, water system main lines and storage reservoirs and treatment plant capacity, sewer system mains and treatment plant capacity, and traffic signals. The Owner or its successors shall pay all such fees and charges when they are due as prescribed by the applicable provision of the San Bernardino Municipal Code or the ordinances or resolutions establishing the fees and charges and in the amounts thereof, as the same may be modified from time to time by subsequent action of the Common Council, it being expressly acknowledged by the City and the Owner that such fees and charges may be increased periodically to reflect increases in the estimated costs of the planning, design, construction, installation and acqui- sition of the necessary municipal facilities, and the acquisition of the parcels of real property, rights-of-way and easements where those facilities will be located. 8. City's Obligations. In consideration of the Owner's entering into this Agreement, City shall do the following: a. Give final approval to PM 11421 upon the Owner's satisfaction of the standard requirements and conditions except those set forth in Section 5 hereof and upon recordation of an executed copy of this Agreement and -10- deeds of trust securing performance of those requirements and conditions set forth in Section 5 hereof. b. Consider the deletion of Condition No. 4.2 (street trees on Sierra Way) and Condition No. 4.7 (street trees on Mountain View) minor modifications to the require- ments and conditions. 9. periodic Review of Compliance With Agreement. A least once each year beginning one year from the date this Agreement takes effect, the Owner shall write the City a leter demonstrating to the City's satsifaction the Owner's good faith compliance with the terms of this Agreement. The Owner agrees to furnish such additional evidence of good faith compliance as the City in the reasonable exercise of its discretion may require. 10. Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by the written consent of the parties and in the manner provided for in Government Code Sections 65868, 65867 and 65867.5. 11. Events of Default. The Owner shall be in default under this Agreement upon the happening of one or more of the following events ("Events of Default"): (a) If any warranty, representation or statement made or furnished by the Owner to the City at or prior to the date hereof and which is a material consideration to the City's execution of this Agreement is false or proves to have been false in any material respect when it was made; -11- (b) If, following a periodic review under the procedure provided for in Government Code Section 65865.1, a finding or determination is made by the City that upon the basis of substantial evidence the Owner has not complied in good faith with any of the terms or conditions of this Agreement. If any warranty, representation or statement made or furnished by the Owner to the City at or prior to the date hereof and which is a material consideration to the City's execution of this Agreement is false or proves to have been false in any material respect when it was made. 12. Enforcement. Unless amended or cancelled as provided in Section 10, this Agreement is enforceable by any party to it notwithstanding a change in the City's General Plan or Zoning Ordinance, or the existence of use designa- tion, subdivision or building regulations and all other rules and official policies adopted by the City. In the event the Owner breaches this Agreement, the City shall have available to it all legal remedies available under California State Law. 13. Assignment. The rights and interests of the Owner under this Agreement may be transferred or assigned by the Owner to a subsequent purchaser or purchasers of the Owner's property, provided that the Owner gives prior written notice to the City of~~uch transfer or assignment. Express assumption of the duties and obligations of the Owner under -12- this Agreement by any such assignee or transferee shall relieve the Owner from said duties and obligations under this Agreement. 14. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest to the parties hereto. 15. Relationship of Parties. It is understood that the contractual relationship between the City and the Owner~ hereunder is such the the Owner are independent contractors and not agents of the City. 16. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given tO,the City shall be addressed as follows: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418-0001 Attn: City Clerk Notices required to be given to the Owner shall be addressed as follows: Guadalupe Homes 1470 Cooley Drive Colton, CA 92324 A party may change its address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. -13- .. 17. Attorneys Fees. If any action, at law or in equity, including any action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which it may be entitled. 18. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and which shall be deemed a single agreement. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. ATTEST: CITY OF SAN BERNARDINO City Clerk City of San Bernardino By: W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: GUADALUPE HOMES JAMES F. PENMAN City Attorney By: Title: B~ -14- SCS0292B EXHIBIT "A" The property situated in the state of california, County of San Bernardino, commonly referred to as 111 West Cluster Avenue, San Bernardino, comprising approximately .63 acres of an approximately 3.64 acre parcel of land which parcel is to be subdivided as described in Tentative Parcel Map 11421 as approved by the city of San Bernardino; the .63 acre portion is referred to as "Parcel 2" in Tentative Parcel Map 11421 and is currently described as being located in the SE corner (more or less) of Parcel No. 1 of the following described property: ALL THAT PORTION OF LOTS 5 AND 6, BLOCK 9, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF CLUSTER AVENUE 60 FEET WIDE, AND THE WEST LINE OF SIERRA WAY, 82.5 FEET WIDE; THENCE SOUTH ALONG THE WEST LINE OF SAID SIERRA WAY, 511.47 FEET TO THE SOUTHEAST CORNER OF LOT 23, AS PER PLAT RECORDED IN BOOK 48 OF MAPS, PAGE 37, RECORDS OF SAID COUNTY; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 23, AND ALSO THE NORTH LINE OF LOTS 18 AND 19, TRACT NO. 3857, AS PER PLAT RECORDED IN BOOK 49, PAGE 98, RECORDS OF SAID COUNTY, TO A POINT ON THE NORTH LINE OF SAID LOT 18, 300 FEET EAST OF THE EAST LINE OF MOUNTAIN VIEW AVENUE, 60 FEET WIDE; THENCE NORTH, PARALLEL WITH SAID EAST LINE OF MOUNTAIN VIEW AVENUE, 360.76 FEET, MORE OR LESS, TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 12, 1953 IN BOOK 3222, PAGE 510, OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL CONVEYED TO THE STATE OF CALIFORNIA, 150.59 FEET TO A POINT ON THE SOUTH LINE OF CLUSTER AVENUE, BDD259 SAID POINT BEING 5.30 FEET EAST OF THE NORTHEAST CORNER OF LOT 1, SAID TRACT NO. 3857; THENCE EAST ALONG THE SOUTH LINE OF CLUSTER AVENUE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM LOTS 23 TO 26, INCLUSIVE, TRACT NO. 3255, AS PER PLAT RECORDED IN BOOK 48 OF MAPS, PAGE 37, RECORDS OF SAID COUNTY. PARCEL NO. 2 LOTS 23, 24, 25 AND 26, TRACT NO. 3255, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 48 OF MAPS, PAGE 37, RECORDS OF SAID COUNTY. -2-