Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO:Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General ServiceVCity Clerk FOR: City Council Meeting of March 11,2024
SUBJECT: Second Reading of Ordinance No. 442
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 442, an Ordinance of the City Council of the City of Yucaipa, Califomia, Rescinding Ordinance No. 335 and Adopting an Amended Development Agreement Between the City of Yucaipa and ACAA, a Limited Liability Partnership, to Enable the Continued Development of a Unified Commercial Center at the Southwest Comer of Oak Glen Road and l4th Street, with the New Agreement Memorializing Changes to the Site Design and Utility Improvement Responsibility.
Attachment:
l. Ordinance No . 442
Approved By:4
ATTACHMENT 1
ORDINANCE NO. 442
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, RESCINDING ORDINANCE NO. 335 AND
ADOPTING AN AMENDED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF YUCAIPA AND ACAA, A LIMITED LIABILITY
PARTNERSHIP, TO ENABLE THE CONTINUED DEVELOPMENT OF A
UNIFIED COMMERCIAL CENTER AT THE SOUTHWEST CORNER
OF OAK GLEN ROAD AND 14TH STREET, WITH THE NEW
AGREEMENT MEMORIALIZING CHANGES TO THE SITE DESIGN
AND UTILITY IMPROVEMENT RESPONSIBILITY
THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. ACAA, a Limited Liability Partnership ("Developer") proposes to enter into an updated development agreement with the City of Yucaipa (herein, the "Development Agreement"), which is attached to this Ordinance as Exhibit "A," in connection with the development of a commercial center consisting of a hotel; drive-through restaurant; drive- through coffee shop; and convenience store, car wash, and gas station on an approximately 6.92 acre site at the southwest corner of the intersection of Oak Glen Road and 14th Street, in the City of Yucaipa, and described in the legal description attached hereto as Exhibit B, and incorporated herein by reference (the "Project").
Section 2. The Project, including this Ordinance and the Development Agreement, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA"), the State CEQA Guidelines (Califomia Code of Regulations, Title 14, Sections 15000, et seq.), and the City's Local CEQA Guidelines. As part of the initial Project approvals, the City had prepared an initial study and, based on the information contained in the initial study, concluded that the Project, with mitigation, would not have any significant impacts on the environment, and prepared a mitigated negative declaration. On November 19, 2014, the City's Planning Commission considered and adopted a Mitigated Negative Declaration (MND) for the Project, which was considered by the City Council in conjunction with consideration of the prior Ordinance and Development Agreement. As part of the phased development, a new land use entitlement has been submitted (Case No. 23-094) along with an amended Development Agreement to reflect the current conditions and site design for the Project. Based on the limited scale of changes, the City Council finds and determines that there are no changes to the Project or its circumstances, or other new information, that would require further environmental analysis pursuant to the California Environmental Quality Act. The City Council hereby finds and determines, in light of the whole record, and in its independent judgment, that there is no substantial evidence that further environmental analysis is necessary for the Project, and the City Council hereby finds the Mitigated Negative Declaration as adopted by the Planning Commission sufficient for taking action on the Development Agreement. The documents and other materials that constitute the record are located in the City's Development Services Department and are in the custody of the Director of Development Services, 34272 Yucaipa Boulevard, Yucaipa, Califomia 92399.
Further, the mitigation measures set forth in the Mitigated Negative Declaration are made applicable to the Project through conditions of approval.
Section 3. On February 7, 2024, the Planning Commission conducted a duly noticed public hearing to consider the Project, including the Development Agreement. Notice of the time, place and purpose of the public hearing was duly provided in accordance with Califomia Government Code Sections 65867, 65090, and 65091, and the City's ordinances.
Section 4. The Planning Commission recommended that the City Council approve the Amended Development Agreement.
Section 5. On February 21,2024, the City Council conducted a duly noticed public hearing to consider the Development Agreement and the Project. Notice of the time, place and purpose of the public hearing were duly provided in accordance with California Government Code Sections 65867,65090 and 65091, and the City's ordinances.
Section 6. The City Council finds that the provisions of the Development Agreement are consistent with the City of Yucaipa General Plan and comply with its objectives and policies.
The Development Agreement is consistent with and implements the objectives of the land use element, particularly for development of land designated for service commercial development, consistent with the permitted uses in that land use district.
Section 7. The City Council hereby approves the Development Agreement and authorizes the Mayor to execute the Development Agreement on behalf of the City.
Section 8. No later than ten (10) days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the Development Agreement and the notice shall describe the land to which such contract applies.
Section 9. The City Clerk is hereby directed to cause a summary of this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code; and shall certiff to the adoption of this Ordinance. \
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Section 10. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED and ADOPTED this llth day of March,2024.
Justin Beaver, Mayor
ATTEST:APPROVED AS TO FORM
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Steven Graham, City Attorney
EXHIBIT A
DEVELOPMENT AGREEMENT
EXHIBIT B
LIIGAL DESCRIPTION
The Property situated in the State of California, County of San Bemardino, City of Yucaipa described as follows: A portion of lots 61, 62, 66,73 & 74 if Tract 2187, in the City of Yucaipa, County of San Bernardino, State of California, as per map recorded in book3l, page 71, in the office of the County Recorder of said county. (A.P.N. 0301- I 82- l I & 12 and 0301-083- 18, 19, 20 &.21')