City of Chino
CA

Staff Report

Approve a Third Amendment to the Preserve Development Agreement between the City of Chino and Chino Holding Company, LLC

Information

Department:Community Development DepartmentSponsors:
Category:Public Hearing

Attachments

  1. Printout
  2. CC ORDINANCE.LOC DA (This file has not yet been converted to a viewable format)
  3. Third Amendment to Development Agreement (Execution Form 4-26-16)

Budget String

Revenue: Expenditure: Transfer In: Transfer Out:

Body

BACKGROUND

The Preserve is located in the southwest portion of the City of Chino. In March of 2003, the City approved The Preserve Specific Plan (TPSP), which covered an area of 5,435 acres.  The primary property owners in the TPSP, Chino Holding Company (CHC), Chino Development Corporation (CDC), and Chino Preserve Development Corporation (CPDC) (collectively “Owners”) requested and were granted approval of the Preserve Development Agreement (DA), Contract No. 2004-073.  The first amendment to the DA was approved in 2008.  The Second Amendment to the DA was approved on January 21, 2014.  This Third Amendment to the DA is proposed to facilitate the change in ownership by Lot Line Adjustments of a small portion of acreage within the Preserve as further described below.

 

On May 16, 2016, the Planning Commission determined that the Third Amendment to the Development Agreement is consistent with the General Plan and the Preserve Specific Plan and recommended that the City Council approve the Amendment.

 

ISSUES/ANALYSIS

Owners are requesting an amendment to the DA to modify the area covered by the current DA. The two areas affected by the change include the addition of a 1.65 acre parcel of land generally located south of Forest Park Street and between Main Street and East Preserve Loop and the removal of a 1.77 acre parcel of land generally located south of Forest Park Street and east of East Preserve Loop (please see Exhibits “B”, “B-1”, “C”, and “C-1” of Third Amendment to the DA, attached to ordinance). These two areas are part of larger parcels that are bisected by the Southern California Edison Easement that runs through a significant portion of the Preserve Specific Plan.  The 1.65 acre parcel is currently owned by Pietersma/Loyola, and the 1.77 acre parcel is owned by CHC, CDC and CPDC.  The transfer of ownership between these two parcels will facilitate more logical development boundaries for future development of the properties under each ownership.

 

The proposed amendments include a revision to the definition of “Property” in the DA (DA Section 1.1) by revising Exhibits A and B to remove the 1.77 acres and adding the 1.65 acres. (DA Section 2.1 and 2.2). Lot Line Adjustments (LLA) 13-04 and 13-05 have been prepared and are ready to be recorded to finalize this activity once the DA is approved by the City Council. Upon recordation of the LLA's and conveyance of fee simple title, the property included in LLA 13-04 shall be deemed to be included within the Property and subject to the terms of the Agreement, and LLA 13-05 shall be deemed removed from the Property and shall cease to be subject to the terms of the Agreement.

 

The subject DA Amendment is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061(b)(3), General Rule Exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.  The DA Amendment has no potential for having a significant impact on the environment.

 

Attachments:

·              Ordinance No. 2016-009

·              Third Amendment to Development Agreement

Meeting History

Jun 7, 2016 7:00 PM Video City Council Regular Meeting
draft Draft

ORDINANCE NO. 2016-009

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE PRESERVE DEVELOPMENT AGREEMENT (CONTRACT NO. 2004-073).

RESULT:APPROVED [UNANIMOUS]
MOVER:Glenn Duncan, Council Member
SECONDER:Eunice M. Ulloa, Mayor Pro Tem
AYES:Dennis R. Yates, Eunice M. Ulloa, Glenn Duncan, Tom Haughey
ABSENT:Earl C. Elrod