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HomeMy WebLinkAboutOrdinances - No. 1910ORDINANCE NO. 1910 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 VAN RUITEN RANCH SUBDIVISION (DEVELOPMENT AGREEMENT - VAN RUITEN 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 located at LowerSacramento Road and Century Boulevard, Lodi, California 95240 (APN 058-030-14, 15, 17, 18). SECTION 2. The applicant for the Development Agreement is as follows: Van Ruiten Ranch Ltd SECTIO N3 The requested Development Agreement is summarized as follows Development Agreement (Van Ruiten 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 Lodi Annexation on March 21,2007 (State Clearinghouse No. 2005092096). The project is consistent with the Lodi Annexation EIR and none of the circumstances in CEQA Guidelines section 15162 requiring further environmental review are present. Further, City Council certified an EIR for the City of Lodi General Plan 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 pursuant to CEQA Guidelines section 15183. SECTION 6. The City Council hereby adopts Ordinance No. 1910 approving the Development Agreement by and between the City of Lodiand Van Ruiten Ranch Ltd., attached herein as Exhibit A. SECTION 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 othenryise 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 effect without the invalid provision or application. To this end, the L 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 JO ON M Attest J IFER 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. 1910 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, by the following vote: AYES: COUNCIL MEMBERS - Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES COUNCIL MEMBERS - None COUNCIL MEMBERS - None COUNCIL MEMBERS - None ABSENT ABSTAIN I further certify that Ordinance No. 1910 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. -fI\,ür*ø¿t6 toLoNIFER Clerk F RA Approved as to Form 2 D.MAGDICH EXHIBIT A DEVELOPMENT AGREEMENT VAN RUITEN RANCH SUBDIVISION OFFICIAL BUSINESS Document entitled to free recording RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lodi P.O. Box 3006 Lodi, CA 95241-19910 ATTN: C Clerk THIS LINE RESERVED FOR RECORDER'S DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LODI AND VAN RUITEN RANCH, LTD. FOR THE VAN RUITEN RANCH SUBDIVISION 1260332.4 11233-038 DEVELOPMENT AGREEMENT FOR BENNETT HOMES, ING. VAN RUITEN RANCH SUBDIVISION This Development Agreement ("Agreement") is entered into as of this _ day of August 2015, by and between the CITY OF LODI, a municipal corporation ("Cíty"), and VAN RUITEN RANCH, LTD. ("Landowner"). City and Landowner are hereinafter collectively referred to as "Parties" and singularly as "Party." BECTTALS 1, Authorization, To strengthen the public planning process, encourage private participation 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 propedy 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 Van Ruiten Ranch ("Project") on the Property. These approvals include the following: 3.1 City Council Resolution No. 2010-41, adopted by the Ciiy Council on April 7, 2010, approving the land use designation as Low-Density Residential, Medium-Density Residential, High-Density Residential, Public/Quasi Public and Open Space for the Project site. 3.2 City Council Ordinance No. 1869, etfective March 21,2013, granting Planned Development Zone P-E(41) to allow Low-Density Residential, Medium-Density Residentíal, High-Density Residential, Public/Quasi Public and Open Space for the Project site. 3.3 City Council Resolution No.2007-48, effective March 21,2007, certifying the Environmental lmpact Report for the Project, State Clearinghouse No. 2005092096. 3.4 Resolution No. 14-13, adopted þy the Planning Commission of the City of Lodi on April 9, 2014, approving vested Subdivision Map forthe Van Ruiten Ranch Subdivision. 3.5 City Council Ordinance No. 1788, approving a development agreement applicable to the Property, as wefl as other adjacent properties. City Council Ordinance No. 1861, effective October 19,2012, rescinded Ordinance No, 1788, terminating the development agreement, exceptforthose terms surviving the terminatíon, including the November 15,2006 Settlement Agreement þetween Frontiers Community Builders, lnc., Citizens for Open Government, and the Cíty ("2006 Settlement Agreement"). ln addition, the Property is part of Community Facilities District No. 2007 1 (Public Services) formed to províde cefiain servíces to the Property. L260332.4 11233-038 4. Public Hearinq. On June 1O,2015, the Planning Commission of the City of Lodi, acting pursuant to Government Code section 65857, held a hearing to consider this ,A,oreement and Plannino AqmmiÊsion.action ha s þeenrepqdedJa the-Cilv Council. 5. Development Aqreement Resolution Gompliance. City and Landowner have taken all actions mandated by, and fulfilled all requirements set forth in, the Development Agreement Resolution of the City of Lodi, as set forth in the City Council Resolution No. 2005- 237 for the consideration and approval of the pre-annexation and development agreement. 6. Findinqs of Çonsistencv. Having duly examined and considered this Agreement and having held a properly noticed public hearing hereon, the City found that this Agreement satisfies Government Code section 65867.5 related to general plan consisiency and Section 66473.7 related to water supply. AGREEMENT 1. lncorporation 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 Property 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 Propefty shall be bound by this Agreement. 4. Relationship of Gitv 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. City and Landowner hereby renounce the existence of any form of joint venture or partnership 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 this 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 expÍration of the term, this Agreement shall be deemed terminated and of no fufther 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. Permilte,4 UgeS, 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 public purposes are those set forth in the City Council Resolution No. 2010-41 approving the land use designations for the Project site, City Council Ordinance No. 1869, granting Planned Development Zone P-E(41), and Resolution No. 14-13 approving the 21260332.4 11233-038 Vested Subdivision Map for the Van Ruiten Ranch Subdivision, all subject to the terms of the 2006 Settlement Agreement. 7. Fees and Taxes. 7.1 Existing Fees. Exactions, and Dedications. City Council Resolution No. 14-13, paragraph 77(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 77(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 þefore June 17,2019 and construction is completed by December 17,2019. 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. 2012-14 Fees and agrees to pay the Development lmpact Mitigation Fees according to the lmpact Mitigation Fee Schedule in effect at the time the certificate of occupancy is issued. This waiver is subject to the condition subsequent that the Çity Council action on the Community Facilities District 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 Communitv Facilities District. Van Ruiten Ranch is part of Community Facilities District 2007 1 (Public Services). The City will institute proceedings to aniend 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{amily 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 buildíng 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 Reimbursement. 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 withín thirty (30) days of receipt. 8. Amendment or Cancellation. 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 þe 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. ïhis Agreement shall be reviewed annually in conformance with LMC section 17 .44.080. 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 substantíally perform any term or provision of this Agreement required to be performed by such Pafiy shall constitute a material event of default ("Event of Default"), For purposes of this 31260332.4 11233-038 Agreement, a Party claiming another Party is in default shall be referred to as the "Complaining Party,' qnd the Pady allçged ts þ,e in defauit shall þe referred to as the "Party,in Default." A unless such Complaining Party first gives notice to the Party in Default and the Party in Default faíls to cure such Event of Default within thirty (30) days of the Complaining Party giving notice. 11. Severabilitv. 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 circumstance 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 hereunder, then such Party so deprived shall have the option to terminate this entire Agreement from and after such determination. 12. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 13. Transfers and Assignments, 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, Landowner shall be released from any fufther liability or obligation hereunder related to the porlion 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. Aqregnenj Runs,with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this P*greement shall be binding upon the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by 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 Calífornia. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned propefty; (a) is for the benefit of such properties and is a burden upon such properties; (b) runs with such propefties; 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 its Property hereunder and each other person succeeding to an interest in such properties. 15. Bankruptcv. The obligations of this Agreement shall not be dischargeable in Bankruptcy. 41260332,4 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 (includino leoal lees and costs)*and liabilitv for anv inirrrv nr properly 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-Pilty Fenqficiafies. 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 actíon 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 gíven 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: Van Ruiten Ranch, Ltd c/o Jim Van Ruiten 340 W. Highway 12, Lodi, CA 95242 19. Form of Asreement: 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. ïhis 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. 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. 5!260332.4 11233-038 CITY OF LODI VAN RUITEN RANCH. LTD,. a California By a municipal corporation Stephen Schwabauer City Manager ATTEST: Jennifer M. Ferraiolo, City Clerk Approved as to form: Janice D. Magdich, City Attorney limited partnership By: Survivor's Trust c/u John C. Van Ruiten and Ann Van Ruiten Revocable Family Trust dated February 24,2010,lts General Partner ey: .4 , r, í)a^^ûni.Í Ann Van Ruiten, ïrustee By: Bypass Trust c/u John C. Van Ruiten and Ann Van Ruiten Revocable Family Trust dated February 24,2010,|ts General Partner g',: &"t ù $"^&.uâr Ann Van Ruiten, Trustee 6t?.60.332.4 11233-038 ACKNOWLEDGMENT A notary to which public or other ofücer completing this certiflcate yeriñes only the identity ofthe individual who signed tho dooument, this certificate is attached, and not tlre truthfillness, accuraoy, or validþ ofthat document. STATE OF CALIFORNIA COUNTY OF SAN JOAQUIN On before me,Da aNotary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacþ(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. andv DIANE DIAS coMM. #207235â IiOTAFY PUBLIC.CALIFORNIA SANJOAQUIN COUNW 20,20t0 Exhibit A-1 1260332.4 Lr233-A38 a27l s)Ê*Ë{F':61POR. W. 't/2 SEC.t5 r.3NR.68., M.D.B,&M.lÂ.!;Ê:'jv¿'!r1.5 r0Ê,3ã ûrLYa58-03It'@'r@ìr\xr{r!t*Il-ÊËı¡¿.cñda\*r/ax*,LODTBki056 Pg.OJÈcct7 : vrl 21 P!, N:+I t, v., :! Ê9" rsiCounty of Son Jûqúin, Calíf, Exhibit A-2 1260332,4 11233-038 lmtto¡ilrEl¡LSTIÌffirErrDÉr¡îÉË¡rturor|úrqfr¡hllcrÉaËtr¡lFrÞI¡Van Ruiten Ranch145 RLD, 55 MLD, E8 RHD