ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT NO. 26-001 FOR SITE PLAN REVIEW NO. 24-010 TO ESTABLISH SPECIFIC DEVELOPMENT RIGHTS
WHEREAS, in order 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 Sections 65864 through 65869.5 (the “Development Agreement Statute”), which authorized cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property for the purpose of establishing certainty for both the individual City and the property owner in the development process; and
WHEREAS, both the City of Lancaster and the owner of the subject property referenced in Development Agreement No. 26-001 are desirous of entering into this Agreement in conformance with the provisions of the Government Code, City of Lancaster Municipal Code (“LMC”), and applicable City rules, regulations, and official policies; and
WHEREAS, the property owner wishes to develop the project and public improvements as identified in Site Plan Review No. 24-010 in exchange for assurances and concessions referenced in Development Agreement No. 26-001 provided that the property owner will be permitted to implement the development of the subject property pursuant to the terms and conditions set forth in the Agreement; and
WHEREAS, the City wishes to promote the health, safety and general welfare of its residents by ensuring access to well-planned communities with amenities, services, and well-paying jobs by requiring enhanced and accelerated levels of said public improvements and services; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, §15000 eq seq.) (“CEQA”), an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for Site Plan Review No. 24-010 in compliance with CEQA and circulated for a 30-day public review ending on August 25, 2025; and WHEREAS, copies of the IS/MND were available during the public review period at City Hall, the Lancaster Library, the City’s website; and the State Clearinghouse website; and WHEREAS, the public review period closed on August 25, 2025 and four comment letters were received. All comments received from the public and responsible, trustee, and interested agencies were considered and responded to in a responses to comments document; and WHEREAS, Site Plan Review No. 24-010 and the associated Initial Study/Mitigated Negative Declaration have been approved along with the Mitigation Monitoring and Reporting Program; and WHEREAS, it is the intent of both parties that upon execution of Development Agreement No. 26- 001, the property owner shall be obligated to complete the public benefits in the manner and within the time frames set forth in the Agreement, and that the property owner will be entitled to proceed with the project subject to the Agreement and all necessary development approvals.
Ordinance No.
THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true, correct and a substantive part of this Ordinance.
Section 2. The City Council hereby makes the following findings with respect to Development Agreement No. 26-001:
a. Development Agreement No. 26-001 is consistent with the goals, objectives, and specific actions of the City’s General Plan and nothing contained within the development agreement creates an inconsistency with the City’s General Plan.
b. Development of the proposed project will further the comprehensive planning objectives contain in the City’s General Plan and will provide benefits to the community including:
1. Fulfilling long-term economic and social goals for the City including, but not limited to, educational and work training, funding of social programs, and public art funding;
2. Providing fiscal benefits to the City in terms of increased property tax and sales revenues which support essential City services; and
3. Providing job creation.
Section 3. Development Agreement No. 26-001 is hereby approved in its entirety.
Section 4. Any ordinance previously adopted by the City Council shall be and hereby is repealed if and to the extent inconsistent with this Ordinance; provided, however, that each such ordinance shall otherwise remain in full force and effect.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after adoption.
Ordinance No.
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the ________ day of ____________, ______, and placed upon its second reading and adoption at a regular meeting of the City Council on the _______ day of __________, ______, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ___ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
___________________________________