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ORDINANCE NO. 859
A ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PATTERSON
APPROVING A DEVELOPMENT AGREEMENT FOR THE PROJECT KNOWN AS THE BALDWIN
RANCH NORTH PROJECT, LOCATED ROUGHLY BETWEEN SPERRY AVENUE, BALDWIN
ROAD AND THE DELTA MENDOTA CANAL
WHEREAS, the City of Patterson (“City”) has received an application from Baldwin Ranch Development Co. LLC to redesignate 32.9 acres of land from Light Industrial to General Commercial and 98.5 acres of land from Light Industrial to Medium-Density Residential through a General Plan Amendment and Rezone, APN 021-91-003 and -004 (the “Property”), located roughly between Sperry Avenue, Baldwin Road, and the Delta Mendota Canal; and
WHEREAS, the City of Patterson has also received an application from Baldwin Ranch Development, LLC for a Tentative Subdivision Map on the 98.5 acres for 448 lots, parks space, and streets, as well as an application for a Development Agreement (“Baldwin Ranch North Project”); and WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application; and
WHEREAS, the City and the Developer seek to enter into the Development Agreement pursuant to the Development Agreement Statute and all applicable local and state laws; and WHEREAS, the Development Agreement would provide vested rights to develop the Baldwin Ranch North Project in accordance with the land uses and development standards contained within the City’s General Plan and the zoning districts applied to the Property, subject to provisions contained in the attached Development Agreement; and
WHEREAS, an Environmental Impact Report (“EIR”) was adopted in 2001 for the West Patterson Projects (SCH No. 2001022031), including a mitigation monitoring and reporting program; and
WHEREAS, an Initial Study/Addendum was prepared in accordance with the California Environmental Quality Act (“CEQA”), and determined that the Baldwin Ranch North Project would not result in any new substantial changes to the West Patterson Projects EIR (the “Addendum”); and WHEREAS, City Staff conducted a full analysis of the Baldwin Ranch North Project to ensure compliance and consistency with the City’s General Plan, Zoning Code, the West Patterson Business Park Master Development Plan, and other applicable laws, regulations, and standards; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on _____________, 202__ and recommended approval of the attached Development Agreement to the City Council; and
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WHEREAS, notice of this public hearing on the proposed Development Agreement for the Baldwin Ranch North Project was published in a newspaper of general circulation, and notices of the public hearing were mailed to all interested parties and property owners within 300 feet of the Property, according to the most recent assessor’s roll; and WHEREAS, based on its independent review and analysis, the staff analysis, oral and written testimony, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist:
1. The Baldwin Ranch North Project is consistent with the goals, policies, and standards of the Patterson General Plan, the West Patterson Business Park Master Development Plan, and all other applicable standards and ordinances of the City of Patterson.
2. That the Baldwin Ranch North Project will not result in any new substantial changes to the West Patterson Projects EIR and the Addendum adequately addresses the proposed changes.
3. In accordance with the Development Agreement Statute, the City Council finds as follows:
a. That the attached Development Agreement is compatible with the authorized land uses and zoning for the Property, based on the provisions contained in the Development Agreement; and
b. Is consistent with the objectives, policies, and programs specified in the General Plan; and
c. Will provide for the orderly development of the Property and preserve surrounding property values; will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor detrimental to the general welfare of the residents of the City of Patterson as a whole; and will be compatible with surrounding land uses; and
d. That the attached Development Agreement provides sufficient benefit to the City to justify entering into the Development Agreement, which includes receipt of City fees and infrastructure and public facility contributions from the Applicant; and e. That the attached Development Agreement contains an adequate legal description of the Property that is the subject of the Development Agreement, and is in all other respects consistent with the provisions of Government Code sections 65864 through 65869.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
SECTION 1. The City Council of the City of Patterson approves a Development Agreement by and between Baldwin Ranch Development, LLC and the City of Patterson for the development of the Baldwin Ranch North Project, and instructs the City Manager to execute the Development Agreement subject to minor, final revisions as required and approved by the City Attorney.
SECTION 2. The City shall review the Development Agreement for compliance with its terms and conditions not less than once every twelve (12) months from the effective date of the Development Agreement.
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SECTION 3. Notice of the public hearing on the proposed Development Agreement was published in the ____________, a newspaper of general circulation, printed and published in the City of Patterson; and notices of the public hearing on the proposed Development Agreement were mailed to all interested parties and property owners within 300 feet of the property, according to the most recent assessor’s roll.
SECTION 4. Environmental impacts for the Project have been reviewed and assessed by the City pursuant to CEQA (Public Resources Code section 21000 et seq.; California Code of Regulations Title 14, section 15000 et seq.). The Baldwin Ranch North Project will not result in any new substantial changes to the West Patterson Projects EIR and the Addendum adequately addresses the proposed changes.
SECTION 5. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Patterson hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
SECTION 6. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
This Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Patterson held on the 21, day of December 2021, by ______________, who moved its introduction, which motion was duly seconded by _________________. Said Ordinance was given a second reading and adopted at a regular meeting of the City Council of the City of Patterson held on the ____, day of ______________, 202___, and after such reading, ____________ moved its adoption, seconded by _______________, and said Ordinance was thereupon adopted by the following roll call vote:
PASSED AND ADOPTED this 18
th day of January 2022, by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Dennis McCord, Mayor
ATTEST:
Aracely Alegre, Acting City Clerk