HomeMy WebLinkAboutOrdinances - No. 1908ORDINANCE NO. 1908
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI ADOPTING A DEVELOPMENT AGREEMENT REDUCING
COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND
WAIVING VESTING MAP RIGHTS FOR THE
REYNOLDS RANCH SUBDIVISION
(DEVELOPMENT AGREEMENT - REYNOLDS RANCH SUBDIVISION)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1 . The properties subject to this Development Agreement include the following: Property
south of Harney Lane and west of Reynolds Ranch Parkway, Lodi, California 95240
(APN: 058-650-04)
SECTION 2. The applicant for the Development Agreement is as follows: Skinner Ranch Holdings,
L.P., c/o Mr. Dale Gillespie.
SECTION 3. The requested Development Agreement is summarized as follows:
Development Agreement (Reynolds Ranch Subdivision) is an agreement between
the City and the developer, in which the developer agrees to waive the vested right
to pay Development lmpact Mitigation Fees according to the lmpact Mitigation Fee
Program Schedule adopted by Resolution No. 2012-142 for all units for which
building applications are submitted on or after June 17 ,2019 or construction is not
completed by December 17,2019. The City agrees to amend the tax formula to
reduce the special taxes levied against the properties subject to the Development
Agreement. The term of the Development Agreement is twenty (20) years.
SECTION 4. The City Council hereby finds that the proposed Development Agreement is
consistent with the General Plan land use designation and the zoning for the proposed
development.
SECTION 5. The City Council certified an Environmental lmpact Report ('ElR') for the Reynolds
Ranch on August 30, 2006 (State Clearinghouse No. 2006012113). The project is consistent with
the Reynolds Ranch EIR and no further environmental review is required pursuant to CEQA
Guidelines section 15162. Further, City Councilcertified an ElRforthe Cityof LodiGeneralPlan on
April 7, 2010 (State Clearinghouse No. 20009022075). The project is consistent with the General
Plan density and none of the circumstances in CEQA Guidelines section 15183 requiring further
environmental review exists. Therefore, no further environmental review is required.
SECTION 6. The City Council hereby adopts Ordinance No. 1908 approving the Development
Agreement by and between the City of Lodi and Skinner Ranch Holdings, L.P., attached herein as
Exhibit A.
SECT¡ON 7 No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the City
so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 8. Severability. lf any provision of this ordinance orthe application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the
!
ordinance which can be given etfect without the invalid provision or application. To this end, the
provisions of this ordinance are severable. The City Council hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 9. This ordinance shall take effect thirty (30) days from and after its adoption. The
ordinance summary shall be published in the Lodi News Sentinel, a newspaper of general
circulation published and circulated in the City of Lodi. A certified copy of this ordinance is available
for review in the City Clerk's office located at221West Pine Street, Lodi, California.
Approved this 19th day of August, 2015
BOB SON
Mayor
Attest:
IFER FERRAIOLO
Clerk
State of California
County of San Joaquin, ss.
l, Jennifer Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1908
was introduced at a regular meeting of the City Council of the City of Lodi held August 5,2015
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held August 19,2015,2015, by the following vote:
AYES: COUNCIL MEMBERS - Chandler, Kuehne, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1908 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
IFE
as to Form
MAGDICH
2
Attorney
Clerk
oLo
EXHIBIT A
DEVELOPMENT AGREEMENT
REYNOLDS RANCH SUBDIVISION
OFFICIAL BUSINESS
Document entitled to free recording
GovemmEnt' Cıelë Section 6 1 03-
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Lodi
P.O. Box 3006
Lodi, CA 95241-19910
ATTN:Clerk
RESERVED
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF LODI
AND SKINNER RANCH HOLDINGS, LP
FOR THE REYNOLDS RANCH SUBDIV¡SION
128f.J364.3 1123S038
DEVELOPMENTAGREEMENT FOR SKINNER RANCH HOLDINGS, LP
REYNOLDS RANCH SUBDIVISION
This Development Agreement ("Agreement") is entered into as of this _ day of August
2Q15, by and between the CITY OF LODI, a municipal corporation ("Citf), and SKINNER
RANCH HOLDINGS, LP ("Landowne/'). City and Landowner are hereinafter collectively refened
to as 'Parties" and singularly as "Part¡/."
REGITALS
1. Authorization. To strengthen the puþlic planning process, encourage private
particípation in comprehensive planning, and reduce the economic risk of development, the
Legislature of the State of California adopted Government Code section 65854, et seq., which
authorizes the City and any person having a legal or equitable interest in real property to enter
into a development agreement, establishing certain development rights in the property, which is
the subject of the development project application.
2. Propertv. Landowner holds a legal or equitable interest in certain real property
located in the City of Lodi, County of San Joaquin, more particularly described in Exhibit A-1
and depicted in Exhibit A-2, attached hereto ("Property''). Landowner represents that all persons
holding a legal or equitable interest in the Property shall be bound by this Agreement.
3. Proiect Approvals. Landowner has obtained various approvals from the City for
a development known as Reynolds Ranch ("Project") on the Property. These approvals include
the following:
3.1 City Council Resolution No. 2010-41, adopted by the City Council on
April 7, 2A10, approving the land use designation as Medium-Density Residential, High-Density
Residential, lndustrial and Open Space for the Project site.
3.2 City Council Ordinance No, 1869, effective March 21, 2013, granting
Planned Development Zone P-E(39) to allow Medium-Density Residential, High-Density
Residential, and Open Space for the Project site.
3.3 Reynolds Ranch Final ElR, State Clearinghouse No. 2006012113,
certified by the City Council on August 30, 2006 and an addendum to the Final ElR, certified on
September 17,2008.
3.4 Resolution No. 14-19, adopted by the Planning Commission of the City of
Lodi on June 25, 2014, approving the Vested Subdivision Map for the Reynolds Ranch
Subdivision.
3.5 City Council Ordinance No. 1785, approving a development agreement
applicable to the Property, as well as other adjacent properties. City Council Ordinance No.
1865, effective November 16, 2A12, rescinded Ordinance No. 1785, terminatlng the
development agreement, except for those terms suliving the termination, includÍng the
August 26, 2006 Settlement Agreement between San Joaquin Valley Land Company LLC,
Citizens for Open Government, and the City ("2006 Settlement Agreement")'
ln addition, the Property is part of Community Facilities District No. 2007 1 (Public
Services) formed to provide certain services to the Property.
u@3et.3 11233-038
4. PuÞlic Hearins. On June 10, 2015, the Planning Commission of the City of
Lodi, acting pursuant to Government Code section 65857, held a hearíng to consider this
Agreement and the Plãrîñing Commis-sion aÇliOn häs bêëñ r.eported tF the Ci.ty Council,
5. Development Aqreement Resolution Comoliance. City and Landowner have
taken all actions mandated by, and fulfilled all requirements set forth in, the Development
Agreement Resolution of the Gity of Lodi, as set forth in the City Council Resolution No. 2005-
237 îor the consideration and approvalof the pre-annexation and development agreement.
6. Findinqs of Gonsistency. Having duly examined and considered this
Agreement and having held a properly noticed public hearing hereon, the City found that this
Agreement satísfies Government Code section 65867.5 related to general plan consistency and
Section 66473.7 related to water supply.
AGREEMENT
1. lncorporatio¡t of Recitals. The preamble, the Recitals, and the defined terms
set forth in both are incorporated into this Agreement as if set forth herein in full.
2. Description of the Propertv. The property, which is the subject of this
Agreement, is described in Exhibit A-1 and depicted in Exhibit A-2, attached hereto ("Property").
3. lnterest of the Landowner. Landowner has a legal or equitable interest in the
Property. Landowner represents that all persons holding a legal or equitable interest in the
Property shall be bound by this Agreement.
4. Relationship of Gity and Landowner. lt is understood that this Agreement is a
contract that has been negotiated and voluntarily entered into by City and Landowner and that
Landowner is not an agent of City. Gity and Landowner hereby renounce the existence of any
form of joint venture or partnershíp between them and agree that nothing contained herein or in
any document executed in connection herewith shall be construed as making City and
Landowner joint ventures or partners.
5. Effective Date and Term.
5.1 The effective date of thls Agreement ("Effective Date") is
2015, which is the Effective Date of City Ordinance No. _ adopting this Agreement.
5.2 Upon execution, the term of this Agreement shall commence on the
Effective Date and extend for a period of twenty (20) years. This Agreement does not extend the
life of the tentative map. Following the expiration of the term, this Agreement shall be deemed
terminated and of no further force and effect. Said termination of this Agreement shall not
terminate any right or duty created by City approvals for the Property adopted prior to,
concurrently with, or subsequent to the approval of this Agreement nor the obligations of
Landowner with respect to Community Facilities District 2007 1(Public Services).
6. Permitted Uses. The permitted uses of the Property, the density or intensity of
use, the maximum height and size of proposed buildings, and provisions for reservation or
dedication of land for puÞlic purposes are those set forth in the City Council Resolution No.
2010-41 approving the land use designations for the Project site, Gity Counoil Ordinance No.
1869, granting Planned Development Zone P-E(39), and Resolution No. 14-19 approving the
21260364.3 1X233-Gt8
Vested Subdivision Map for the Reynolds Ranch Subdivision, all subject to the terms of the
2006 Settlement Agreement.
7, Fees and Taxes.
7.1 Exlstino Fees. Exactions. and Dedications. City Council Resolution
No. 14-19, paragraph 81(b), obligates Landowner to pay Development lmpact Mitigation Fees
according to the Public Works Fee and Service Charge Schedule. Landowner shall have the
vested right to satisfy the obligation of Paragraph 81(b) by paying the Development lmpact
Mitigation Fees according to the lmpact Mitigation Fee Program Schedule adopted by
Resolution No. 2012-142 ("Resolution No. 2012-14 Fees") for all units for which building permit
applications are submitted on or before June 17, 2019 and construction is completed by
Decernber 17, 20'19. For all units for which building permit applications are submitted on or
after June 17,2019 or construction is not completed by December 17,2019, Landowner waives
the right to pay the Resolution No. 2412-14 Fees.and agrees to pay the Development lmpact
Mitigation Fees according to the lmpact Mitigation Fee Schedule ih effect at the time the
certificate of occupancy is issued. This waiver is subject to the condition subsequent that the
City Council action on the Community Facilities DÍstrict Fees contemplated in Paragraph 7.2 is
completed according to the terms set forth therein. This waiver survives the termination of this
Agreement.
7.2 Communltv Facilities District. Reynolds Ranch is part of Community
Facilities District 2007 1 (Public Services). The City will institute proceedings to amend the tax
formula to reduce the special taxes levied against the parcels on the Property. The base rate
for the special tax will be reduced to $500 per year for single-family homes and $145.83 per
year for multi-family homes and the annual index will be reduced to two percent (2%).
Landowner agrees to vote in favor of the special tax. The special tax shall be initiated for all
residential dwelling units for which a building permit is issued, and shall commence to be levied
beginning the subsequent fiscal year after the building permit is issued. A vote by Landowner
against the special tax or a vote to repeal the special tax shall constitute an event of default
under this Agreement. The provisions of this paragraph will not survive an event of default.
7.3 Beimbursement. Landowner shall reimburse City for all staff time and
legal time expended in implementing the fee reductions set forth in this section 7. City shall
invoice Landowner on a monthly basis and Landowner shall pay invoices within thirty (30) days
of receipt.
8. Amendment or Gancellation. This Agreement may be amended in writing from
time to time by mutual consent of the Parties hereto and in accordance with the procedures of
state law and the Lodi Municipal Code ("LMC'). Except as otherwise permitted herein, this
Agreement may be cancelled in whole or in part only by the mutual consent of the Parties and
their successors in interest, in accordance with the provisions of the LMC. Any fees paid
pursuant to this Agreement prior to the date of cancellation shall be retained by City.
9. Annual Review. This Agreement shall be reviewed annually in conformance
with LMC section 17.44.080 of the Municipal Code. Costs of Annual Review shall be paid by
Landowner in accordance with City's schedule of fees and billing rates in effect at the time of
review.
10. Default. Subject to any applicable extension of time, failure by any Party to
substantially perform any term or provision of this Agreement required to be performed by such
31260364.3 11233.038
Party shall constitute a material event of default ("Event of Default"). For purposes of this
{greement, a Party claiming another Party is in default shall be referred to as the'Complaining
fatty," cnd tbe P¿rty alleged ts þe in default shall be referred þ,as the 'Pa¡ty !n DeiauL" Ã
Gomplaining Party shall not exercise any of its remedies as the result of an Event of Default
unless such Complaining Party first gives notice to the Party in Default and the Party in Default
fails to cure such Event of Default within thirty (30) days of the Gomplaining Party giving notice.
11. Soverabilitv. Except as set forth herein, if any term, covenant or condition of
this Agreement or the application thereof to any person, entity or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such
term, covenant or condition to any person, entity or circurnstance other than those as to which it
is held invalid or unenforceable, shall not be affected thereby and each term, covenant or
condition of this Agreement-shall be valid and be enforced to the fullest extent permitted by law;
provided, however, if any provision of this Agreement is determined to be invalid or
unenforceable and the effect thereof is to deprive a Party hereto of an essential benefit of its
bargain hereunde¡ then such Party so deprived shall have the option to terminate this entire
Agreement from and after such determination.
12. Apnlicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
13. Transfers and Assiqnments. From and after recordation of this Agreement
against the Property, Landowner shall have the full right to assign this Agreement as to the
Property, or any portion thereof, in connection with any sale, transfer or conveyance thereof,
and upon the express written assignment by Landowner and assumption by the assignee of
such, and the conveyance of Landowner's interest in the Property related thereto, Lanãowner
shall be released from any further liability or obligation hereunder related to the portion of the
Property so conveyed and the assignee shall be deemed to be the "Landowner," with all rights
and obligations related thereto, with respect to such conveyed property. Prior to recordation of
this Agreement, any proposed assignment of this Agreement by Landowner shall be subject to
the prior written consent of the City Manager on behalf of City and the form of such assignment
shall be subject to the approval of the City Attorney, neither of which shall be unreasonably
withheld.
14. Aqreement Runs with the Land. All of the provisions, rights, terms, covenants,
and obligations contained in this Agreement shall be binding upon the Partíes and their
respective heirs, successors and assignees, representatives, lessees, and all other persons
acqulring the Property, or any portion thereof, or any interest therein, whether þy operation of
law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable
as equitable servitude and shall constitute covenants running with the land pursuant to
applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of
California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or
with respèct to any owned property; (a) is for the benefit of such propertiès an¿ ¡s a burden
upon such properties; (b) runs with such properties; and (c) is binding upon each Party and
each successive owner during its ownership of such properties or any portion thereof, and shall
be a benefit to and a burden upon each Party and íts Property hereunder and each other person
succeeding to an interest ín such properties.
15. 9ankruptcv. The obligations of this Agreement shall not be dischargeable in
Bankruptcy.
41260364.3 11233-038
16. lndemnification. Landowner agrees to defend and hold harmless the City, its
elected and appointed commissions, officers, agents, employees, and representatives from any
and all claims, costs (incJuding legal fees and co-sts), and liability for any personal injury or
property damage which may arise directly or indirectly as a result of any actions or inactions by
the Landowner, or any actions or inactions of Landowner's contractors, subcontractors, agents,
or employees in connection with the construction, improvement, operation, or maintenance of
the Property and the Project.
17. Third-Partv Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of Landowner and City and their successors and assigns. No other
person shall have any right of action based upon any provision in this Agreement.
18. Notices. All notices required by this Agreement, the enabling legislation or the
procedure adopted pursuant to Government Code Section 65865, shall be in writing and
delivered in person or sent by certified mail, return receipt requested, postage prepaid.
Notice required to be given to City shall be addressed as follows:
CITY OF LODI
ATTN: City Manager
P.O. Box 3006
Lodi, CA 95241-1910
Notice required to be given to Landowner shall be addressed as follows:
SKINNER RANCH HOLDINGS, LP
ATTN: Dale Gillespie
1420 S. Mills Ave., Suite M
Lodi, CA 95240
19. Form of Agreement: Recordation of Exhibits. Except when this Agreement is
automatically terminated due to the expiration of the term of this Agreement, City shall cause
this Agreement, any amendment hereto, to be recorded, at Landowner's expense, with the San
Joaquin County Recorder within ten (10) days of the Effective Date thereof. Any amendment to
this Agreement to be recorded that affects less than all of the Property shall describe the portion
thereof that is the subject of such amendment. This Agreement is executed in three duplicate
originals, each of which is deemed to be an original.
20. Further Assurances. The Parties agree to execute such additional instruments
and to take such actions as may be necessary to effectuate the intent of this Agreement.
51260364.3 11233-038
lN WITNESS WHEREOF, the City of Lodi, a municipal corporation, has authorized the
execution of this Agreement in duplicate by its Mayor and attested to by its City Clerk under the
authority of Ordinance No. _, adopted by the City Council of the City of Lodi on the 5th
day of August 2015, and Landowner has caused this Agreement to be executed.
CITY OF LODI
a municipal corporation
SKINNER RANCH HOLDINGS, INC.
By
Its
Skinner Pro perties, LLC
Robertson, Manager
By:
Stephen Schwabauer
City Manager
ATTEST:
Jennifer M. Ferraiolo, City Clerk
Approved as to form
Janice D. Magdich, City Attorney
61260364.3 11233-038
ACKNOWTESGTI,IENT
State of
County of
on lh before me,a
(insert name and of the offìcer)
personally appeared bar+€rr fi, Pohv,r+*o n
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.
WITN and
Signature
A notary or officer
certifìcate verifies only the identity of the individual
who signed the document to which thís certificate is
attached, and not the truthfulness, accuracy, or
of that document.
r8
)0oirruqr ¡0lrfir
ârflc órffomtrt,etri,
t¡a Joqrtn Conty
Exhibit A.l
1260364.3 11233-038
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726036/..3 11233-038
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