CC 2015-01-13_08l Adopt Ord_First Amendment to DevelopmentAgreement' ---
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I MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE APPROVING
THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 09-002
TO MODIFY THE LEGAL DESCRIPTION OF THE 5-ACRE PROPERTY
LOCATED AT THE NORTHEAST CORNER OF WEST BRANCH
STREET AND OLD RANCH ROAD (APN 007-011-056)
DATE: JANUARY 13, 2015
RECOMMENDATION:
It is recommended the City Council adopt an Ordinance approving the First Amendment
to Development Agreement 09-002 to modify the legal description of the 5-acre property
located at the northeast corner of West Branch Street and Old Ranch Road (APN 007-
011-056).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no cost or staffing impact from this action.
BACKGROUND:
On April 13, 2010 the City Council adopted Ordinance No. 621 approving a
Development Agreement with the 5 Cities Community Services Foundation for the
development of a Community Recreation Center on a 5 acre parcel owned by the City
located at the corner of West Branch Street and Old Ranch Road. In the Agreement the
5 acre parcel was referenced as the "Property" and described in Exhibit "A".
Subsequently, on April 19, 2013, the City approved Final Tract Map 3018 subdividing
the 5 acre parcel into 4 small lots and 1 large remainder lot. The property was
subdivided to develop revenue for funding for the police station remodel project. As a
result of the subdivision of the property the legal description included in the
Development Agreement needs to be modified. The 5 Cities Community Services
Foundation has been contacted regarding the proposed amendment and concurs that it
is necessary and appropriate.
The City Council introduced the proposed Ordinance rectifying the legal description for
the subject property on December 9, 2014.
Item 8.l. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE APPROVING THE FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT 09-002 TO MODIFY THE LEGAL
DESCRIPTION OF THE 5-ACRE PROPERTY LOCATED AT THE NORTHEAST
CORNER OF WEST BRANCH STREET AND OLD RANCH ROAD (APN 007-011-056)
JANUARY 13, 2015
PAGE2
ANALYSIS OF ISSUES:
Since the property has been subdivided into five lots, the Development Agreement is
now showing up on Title Reports for the newly created lots being sold to fund the police
station remodel project. Accordingly, action is necessary to clear the title to those lots
by modifying the legal description contained in Exhibit "A" of the Development
Agreement. Government Code Section 65867 .5 provides that Development
Agreements are legislative acts and are to be approved by ordinance. The amendment
is only a modification of the legal description, and does not change any of the
substantive provisions of the Development Agreement with the 5 Cities Community
Services Foundation. Since, however, it was adopted by ordinance; another ordinance
is required in order to implement the change.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
-Adopt the Ordinance approving the First Amendment to Development Agreement
09-002 to modify the legal description of the property.
-Do not adopt the Ordinance; or
Provide direction to staff.
ADVANTAGES:
Adoption of the Ordinance will correct the legal description for the Property, and clear
the title to the new lots created by the subdivision of the 5 acre parcel.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, January 8, 2015. The
Agenda and staff report were posted on the City's website on Friday, January 9, 2015.
No public comments were received.
Item 8.l. - Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING THE FIRST AMENDMENT TO DEVELOPMENT
AGREEMENT 09-002 TO MODIFY THE LEGAL DESCRIPTION OF THE
PROPERTY
WHEREAS, On April 13, 2010 the City Council adopted Ordinance No. 621 approving a
Development Agreement with the 5 Cities Community Services Foundation for the
development of a Community Recreation Center on a 5 acre parcel owned by the City
located at the corner of West Branch Street and Old Ranch Road; and
WHEREAS, on April 19, 2.013, the City approved Final Tract Map 3018 subdividing the
5 acre parcel into 4 small lots and 1 large remainder lot and as a result of the
subdivision of the property the legal description included in the Development Agreement
as Exhibit "A" needs to be modified; and
WHEREAS, in accordance with Arroyo Grande Municipal Code Section 16.16.150, the
City Council has previously made the following findings regarding Development
Agreement 09-002 and since the proposed Amendment will not make any substantive
change to the Development Agreement the City Council hereby reaffirms those findings:
a) The development agreement is consistent with the goals, objectives, policies,
general land uses, and programs specified in the general plan and any
applicable specific plan;
b) The development agreement is compatible with the uses authorized in, and
the regulations prescribed for, the land use district in which the real property
is located;
c) The developme.nt agreement is in conformity with public convenience, general
welfare, and good land use practice;
d) The development agreement will not be detrimental to the health, safety, or
general welfare;
e) The development agreement will not, in respect to the subject property, or any
other property, adversely affect the orderly development thereof or the
preservation of property values.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2: The City Council hereby approves the First Amendment to the
Development Agreement with the 5 Cities Community Services Foundation as set forth
in Exhibit A attached hereto and incorporated herein.
Item 8.l. - Page 3
ORDINANCE NO.
PAGE2
SECTION 3: Within fifteen (15) days after passage of this Ordinance, it shall be
published once, together with the names of the Council Members voting thereon, in a
newspaper of general circulation within the City.
SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
On motion by Council: Member ___ , seconde·d by Council Member ___ , and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this 13th day of January, 2015.
Item 8.l. - Page 4
ORDINANCE NO.
PAGE3
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
DEBBIE MALICOAT, ACTING CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.l. - Page 5
RECORDING REQUESTED
BY AND WHEN
RECORDED RETURN TO:
City of Arroyo Grande
Attn: City Clerk
300 East Branch Street
Arroyo Grande, CA 93420
EXHIBIT A
FOR RECORDER'S USE ONLY
Fee Exempt per GC Sections 6103 and 27383
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
(NO RECORDING FEE --EXEMPT)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment")
dated as of this __ day of , 2014, by and between the City of Arroyo Grande
("City"), a municipal corporation, and 5 Cities Community Services Foundation ("5 Cities
Foundation"), a California non-profit corporation.
RECITALS
WHE.REAS, On April 13, 2010 the City Council adopted Ordinance No. 621 approving a
Development Agreement (the "Development Agreement") with the 5 Cities Community
Services Foundation for the development of a Community Recreation Center on a 5
acre parcel owned by the City located at the corner of West Branch Street and Old
Ranch Road, which parcel was referenced as the "Property" in the Agreement and de-
scribed in Exhibit "A" attached thereto; and
WHEREAS, on April 19, 2013, the City approved Final Tract Map 3018 subdividing the
5 acre parcel into 4 small lots and 1 large remainder iot and as a result of the
subdivision of the property the legal description included in the Development Agreement
as Exhibit "A" needs to be modified; and
WHEREAS, pursuant to Ordinance No. , the City Council has approved this First
Amendment to the Development Agreement with the 5 Cities Foundation.
1jPage
Item 8.l. - Page 6
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, City and 5 Cities
Foundation agree as follows:
Section 1. The legal description for the Property is hereby amended in its entirety as set
forth in Exhibit "A", attached hereto and incorporated herein by this reference, which
shall be substituted for the previous Exhibit "A" to the Development Agreement.
Section 2. Except as amended in Section 1 of this First Amendment, all other terms
and conditions of the Development Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Develop-
ment Agreement which shall be deemed effective as of the first date set forth above.
[Signatures on following page]
Item 8.l. - Page 7
CITY OF ARROYO GRANDE
BY: ------------Jim Hiii, Mayor
Date:
Attest:
Kelly Wetmore, City Clerk
Date:
As Approved to form:
Timothy J. Carmel, City Attorney
Date:
5 CITIES COMMUNITY SERVICES
FOUNDATION
By: ___________ _
Its:
Date:
31Page
Item 8.l. - Page 8
LEGAL DESCRIPTION
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Lot 5 of Tract 3018 in the City of Arroyo Grande, County of San Luis Obispo,
State of California, according to Map thereof recorded April 19, 2013 in Book 33,
Page 61 and 62 of Maps in the office of the County Recorder of said County.
APN: 007-011-056
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