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2 <br />3 <br />4 <br />5 <br />6 <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 />ORDINANCE NO.O-03-22 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF COLTON APPROVING THE BARTON ROAD <br />LOGISTICS CENTER DEVELOPMENT AGREEMENT <br />FOR PROPERTY GENERALLY LOCATED AT 21700 <br />BARTON ROAD AND 275, 280 AND 375 DE BERRY <br />STREEET IN THE CITY OF COLTON <br />WHEREAS, the City of Colton ("City") has found that development <br />agreements will strengthen the public planning process, encourage private <br />participation in comprehensive planning by providing a greater degree of certainty <br />in that process, reduce the economic costs of development, allow for the orderly <br />planning of public improvements and services, allocate costs to achieve maximum <br />utilization of public and private resources in the development process, and ensure <br />that appropriate measures to enhance and protect the environment are achieved; and <br />WHEREAS, pursuant to California Government Code Sections 65864 et seq. <br />and Colton Municipal Code Section 18.58.102, the City is authorized to enter into <br />development agreements providing for the development of land under terms and <br />conditions set forth therein; and <br />WHEREAS, Pacific West Management, a California general partnership, The <br />Robert J. Neal and Bernarda A. Neal Revocable Trust, and Producer Industrial <br />Partners, LLC, a California limited liability company ( "Developer") proposes to <br />develop the Barton Road Logistics Center (Case No. DAP-001-602), more particularly <br />described in Exhibit "A", attached hereto and incorporated herein by reference <br />("Project"); and <br />WHEREAS, on December 14, 2021, the Planning Commission of the City of <br />Colton approved the Architectural & Site Plan Review, Conditional Use Permit and <br />Tentative Parcel Map to provide for the orderly growth and quality development of <br />the Project in accordance 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, <br />Developer has proposed to enter into a development agreement concerning the <br />Project ("Development Agreement") to provide assurances that the Project can <br />proceed without disruption caused by a change in the City's planning policies and <br />requirements except as provided in the Development Agreement, which assurance <br />will thereby reduce the actual or perceived risk of planning for and proceeding with <br />development of the Project; and <br />WHEREAS, at a duly noticed public hearing held on September 14, 2021, the <br />Planning Commission, the Planning Commission considered the Staff Report, the <br />Development Agreement, all recommendations by staff, and public testimony, and <br />adopted Resolution No. R-29-21, recommending to the City Council approval of the <br />Development Agreement; and <br />WHEREAS, the City desires the <br />timely, <br />efficient, orderly <br />and proper <br />development of the Project in furtherance <br />General Plan; and <br />of the <br />goals and policies <br />-of the City's <br />WHEREAS, the City Council has found that this Development Agreement is <br />