ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT NO. 26-002
AMENDING DEVELOPMENT AGREEMENT NO. 18-001 FOR THE AVANTI
SOUTH SPECIFIC PLAN
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, Development Agreement No. 18-001 was approved by the City Council on September 11, 2018, and became effective on April 23, 2019; and
WHEREAS, said development agreement covers the 307.7 acres known as the Avanti South Specific Plan which allows for the development of up to 1,700 residential units, 213,600 square feet of commercial development, parks, a school and fire station; and WHEREAS, said development agreement established certain rights to facilitate development within the Specific Plan area in exchange for public benefits and concessions; and WHEREAS, both the City of Lancaster and the owner of the subject property referenced in Development Agreement No. 26-002 are desirous of entering into this Agreement to amend Development Agreement No. 18-001 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 term of the Development Agreement would be extended to a maximum of 27 years from the effective date of April 23, 2019, with no further extensions available; and WHEREAS, the construction miles are restated to require construction to begin no later than December 31, 2032, and the completion of a minimum of 300 units no later than December 31, 2034; 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 Environmental Impact Report (SCH#2016071067) was prepared for the Avanti South Specific Plan compliance with CEQA and circulated for a 45-day public review ending on December 27, 2017; and WHEREAS, the Final Environmental Impact Report was released on June 8, 2018; and WHEREAS, the Avanti South Specific Plan was approved, the Final Environmental Impact Report certified, and the Mitigation Monitoring and Reporting Program adopted by the City Council on September 11, 2018; and
WHEREAS, it is the intent of both parties that upon execution of Development Agreement No. 26- 002, the property owner shall be obligated to complete the public benefits in the manner and within the Ordinance No.
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.
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. 26-002:
a. Development Agreement No. 26-002 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, providing a variety of housing types, commercial uses, schools, parks, and a fire station;
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; and
Section 3. Development Agreement No. 26-002 amending Development Agreement No. 18- 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)
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