O-06-23 Approving a Development Agreement Between the City of Colton and IDI Agua Mansa LLC for the Auga Mansa Logistics Center Project for Property Generally Located at 1400 Agua Mansa Road

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1 ORDINANCE NO. 0-06-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, APPROVING A DEVELOPMENT 3 AGREEMENT BETWEEN THE CITY OF COLTON AND IDI AGUA MANSA, LLC FOR THE AGUA MANSA LOGISTICS CENTER 4 PROJECT FOR PROPERTY GENERALLY LOCATED AT 1400 AGUA MANSA ROAD IN THE CITY OF COLTON 5 6 WHEREAS, the City of Colton ("City") has found that development agreements will strengthen the public planning process, encourage private ,„ participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly 8 planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure 9 that appropriate measures to enhance and protect the environment are achieved; and 10 WHEREAS, pursuant to California Government Code Sections 65864 et seq. and Colton Municipal Code Section 18.58.102, the City is authorized to enter into 11 development agreements providing for the development of land under terms and conditions set forth therein; and 12 WHEREAS, IDI Agua Mansa, LLC, a Delaware limited liability company, proposes to develop the Building 2 of the Agua Mansa Logistics Center (Case Nos. 13 DAP-001-716 and DAP-001-668), more particularly described in Exhibit "A", attached 14 hereto and incorporated herein by reference ("Project"); and 15 WHEREAS, on May 9, 2023, the Planning Commission of the City of Colton approved the Architectural & Site Plan Review, Certificate of Appropriateness and Tentative entative Parcel Map to provide for the orderly growth and quality development of the Project in accordance with the General Plan; and 17 WHEREAS, because of the logistics, magnitude of the expenditure and 18 considerable lead time prerequisite to planning and developing the Project, Developer has proposed to enter into a development agreement concerning the 19 Project ("Development Agreement") to provide assurances that the Project can proceed without disruption caused by a change in the City's planning policies and 20 requirements except as provided in the Development Agreement, which assurance will thereby reduce the actual or perceived risk of planning for and proceeding with 21 development of the Project; and WHEREAS, at a duly noticed public hearing held on May 9, 2023, the 22 Planning Commission considered the Staff Report, the Development Agreement, all 23 recommendations by staff, and public testimony, and adopted-Resolution No. R-07- 23, recommending to the City Council approval of the Development Agreement; and 24 WHEREAS, the City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals and policies of the City's 25 General Plan; and 26 WHEREAS, the City Council has found that this Development Agreement is consistent with the City's General Plan; and WHEREAS, the City Council has determined that by entering into the