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2 <br />El <br />C9 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />ITEM #2 <br />ORDINANCE NO. 0-22-07 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF COLTON APPROVING THE IRON HORSE HILLS <br />DEVELOPMENT AGREEMENT FOR PROPERTY <br />GENERALLY LOCATED EAST OF BARTON ROAD AND <br />SOUTH OF HILLTOP DRIVE, WITHIN THE RECHE <br />CANYON SPECIFIC PLAN AREA OF THE CITY <br />WHEREAS, the City of Colton ("City") has found that development <br />agreements will strengthen the public planning process, encourage private participation <br />in comprehensive planning by providing a greater degree of certainty in that process, <br />reduce the economic costs of development, allow for the orderly planning of public <br />improvements and services, allocate costs to achieve maximum utilization of public and <br />private resources in the development process, and ensure that appropriate measures to <br />enhance and protect the environment are achieved; and <br />WHEREAS, pursuant to California Government Code Sections 65864 et <br />seq., the City is authorized to enter into development agreements providing for the <br />development of land under terms and conditions set forth therein; and <br />WHEREAS, Colton Land Investment, LLC, a California limited liability <br />company, ("Developer")roposes to develop the Iron Horse Hills project, more <br />particularly described in Exhibit "A", attached hereto and incorporated herein by <br />reference ("Property") in accordance with a Specific Plan ("Project"); and <br />WHEREAS, on September 5, 2006, following a duly noticed public hearing, <br />the City Council of the City adopted Ordinance No. 0-15-06, approving the Specific Plan <br />Amendment ("SPA") to the Reche Canyon Specific Plan, the certification of the <br />Environmental Impact Report ("EIR"), and approvals of the SPA and Tract 16798 to <br />provide for the orderly growth and quality development of the Project in accordance <br />with the General Plan; and <br />WHEREAS, because of the logistics, magnitude of the expenditure and <br />considerable lead time prerequisite to planning and developing the Project, Developer <br />has proposed to enter into a development agreement concerning the Project <br />("Development Agreement") to provide assurances that the Project can proceed without <br />disruption caused by a change in the City's planning policies and requirements except as <br />provided in the Development Agreement, which assurance will thereby reduce the <br />actual or perceived risk of planning for and proceeding with development of the Project; <br />and <br />WHEREAS, the City desires the timely, efficient, orderly and proper <br />development of the Project in furtherance of the goals of the General Plan and the <br />Specific Plan; and <br />WHEREAS,the City Council has found that this Development Agreement <br />is consistent with the City's General Plan and the Specific Plan; and <br />WHEREAS, the City Council has determined that by entering into the <br />Development Agreement: (i) the City will promote orderly growth and quality <br />development on the Property in accordance with the goals and policies set forth in the <br />- 1 - <br />