O-04-24 - Approve a Second Amended and Restated Development Agreement With Iron Horse Hills LLC

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1 ORDINANCE NO. 0-04-24 2 3 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA TO APPROVE A SECOND AMENDED AND RESTATED 4 DEVELOPMENT AGREEMENT WITH IRON HORSE HILLS LLC FOR THE IRON HORSE HILLS DEVELOPMENT PROJECT (TENTATIVE 5 TRACT MAP NO. 16798), LOCATED AT 1300 EAST BARTON ROAD IN THE CITY OF COLTON(DAP24-0013) 6 7 WHEREAS, the City of Colton ("City") has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning 8 by providing a greater degree of certainty in that process, reduce the economic costs of • development, allow for the orderly planning of public improvements and services, allocate costs to 9 achieve maximum utilization of public and private resources in the development process, and ensure 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 11 Municipal Code Section 18.58.102, the City is authorized to enter into development agreements providing for the development of land under terms and conditions set forth therein; and 12 WHEREAS, Iron Horse Hills LLC, an Arizona limited liability company, ("Developer") proposes to develop the Iron Horse Hills residential subdivision ( Tentative Tract Map No. 16798 13 "Project); and 14 WHEREAS,the City Council has considered the Project, including substantial conformance 15 amendments, to provide for the orderly growth and quality development of the Project in accordance with the General Plan and Municipal Code;and 16 WHEREAS, because of the logistics, magnitude of the expenditure and considerable lead 17 time prerequisite to planning and developing the Project, Developer entered into a development agreement concerning the Project ("Development Agreement") for a ten-year term, starting on 18 January 15, 2008 (Ordinance No. 0-22-07), to provide assurances that the Project could proceed without disruption caused by a change in the City's planning policies and requirements except as 19 provided in the Development Agreement, which assurance which thereby reduced the actual or perceived risk of planning for and proceeding with development of the Project; and 20 WHEREAS, Developer and City entered into a First Amended and Restated Development 21 Agreement ("First Amendment") on January 2, 2014 to extend the term of the Development Agreement for an additional ten-year term,ending on January 2, 2024; and 22 WHEREAS, because of impacts of the Covid-19 pandemic, adoption of the City's General 23 Plan Mobility Element, and changes in the Project description to replace a reservoir and booster station with a well site, Developer has requested a second ten-year extension of the term of the Development Agreement through this Second Amended and Restated Development Agreement 24 ("Second Amendment"); and 25 WHEREAS, the City Council has found that this Second Amendment consistent with the 26 City's General Plan,Zoning Code, and the Reche Canyon Specific Plan; and 27 WHEREAS, the City Council has determined that by amending the Development Agreement for a Second time: (i) the City will promote orderly growth and quality development on 28 the Property in accordance with the goals and policies set forth in the General Plan; (ii) significant - 1 - 23152.06329\41826893.1