Rancho Palos Verdes City Council
   

MEMORANDUM

MEMORANDUM

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: MARCH 4, 2003

SUBJECT: SECOND READING OF ORDINANCE NO. 388 APPROVING AMENDMENT NO. 2 TO THE OCEAN TRAILS DEVELOPMENT AGREEMENT

Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director

RECOMMENDATION

That the City Council adopt Ordinance No. 388 approving Amendment No. 2 to the Ocean Trails Development Agreement.

DISCUSSION

At the February 18, 2003 City Council meeting, the City Council: (1) adopted a resolution approving Addendum No. 14 to Environmental Impact Report No. 36; (2) approved the amendment to the Ocean Trails Development Agreement; (3) introduced Ordinance No. 388 approving Amendment No. 2 to the Development Agreement; (4) authorized the Mayor and the City Clerk to execute the documents on behalf of the City, and (5) extended Vesting Tentative Tract Map No. 50666 for one year.

This is the second reading of Ordinance No. 388, which was introduced on February 18, 2003. Staff recommends that the City Council adopt Ordinance No. 388 approving Amendment No. 2 to the Ocean Trails Development Agreement.

FISCAL IMPACT

There are no Fiscal Impacts to the City as a result of this decision.

Respectfully submitted:
Joel Rojas, AICP
Director of Planning, Building and Code Enforcement

Reviewed,
Les Evans
City Manager

ATTACHMENT:

Proposed Ordinance

ORDINANCE NO. 388

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO. 2 TO THE OCEAN TRAILS DEVELOPMENT AGREEMENT

WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with private property owners; and

WHEREAS, the Rancho Palos Verdes City Council (the "City Council") previously adopted Ordinance No. 328 approving that certain Development Agreement (the "Development Agreement") by and between the City of Rancho Palos Verdes (the "City") and Palos Verdes Land Holdings Company, L.P., a California limited partnership, and the Zuckerman Entities (as defined in the Development Agreement), dated as of November 20, 1997, and recorded on December 8, 1997, as Instrument No. 97-1929840 in the Official Records of Los Angeles County, California; and

WHEREAS, pursuant to Government Code Section 65868, development agreements may be amended; and

WHEREAS, the City Council previously approved an Amendment to Ocean Trails Development Agreement (the "First Amendment"), by and between the City and Ocean Trails, L.P., the successor in interest to Palos Verdes Land Holdings Company, L.P. and the Zuckerman Entities, on September 18, 2001, and recorded on December 3, 2001 as Instrument No. 01-2301342 in the Official Records of Los Angeles County, California. The Development Agreement and the First Amendment are sometimes referred to collectively herein as the "Agreement"; and

WHEREAS, VH Property Corp. ("Developer") is the successor in interest to Ocean Trails, L.P; and

WHEREAS, City and Developerís predecessors in interest originally intended that the Development Agreement allow for the extension of the tentative tract maps regarding the Property, pursuant to California Government Code Section 66452.6(a), but no explicit language to that effect is set forth in the Agreement; and

WHEREAS, the parties now wish to memorialize their intent that the Development Agreement allow for the extension of any approved tentative tract maps regarding the Property, provided that such extension not exceed the term of the Agreement; and

WHEREAS, the City Council conducted a duly noticed public hearing on February 18, 2003, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed Second Amendment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The proposed Second Amendment to the Development Agreement makes a minor amendment to the Development Agreement to amend certain of its terms to allow the City to grant extensions of an approved tentative map for the Project for the duration of the term of the Development Agreement. This minor change to the Development Agreement does not make any physical change to the Project or to the conditions of approval that were imposed on the Project and conforms to the maps and policies of the City's General Plan. Accordingly, the revision to the Development Agreement is consistent with all applicable provisions of the General Plan.

Section 2. The proposed Second Amendment to the Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5.

Section 3. The proposed Second Amendment to the Development Agreement will not be detrimental, or cause adverse effects, to adjacent property owners, residents, or the general public, since the project will be constructed in accordance with the plans that were approved previously by the City Council.

Section 4. The proposed amendment to the Development Agreement does not alter the clear and substantial benefit to the residents of the City of the Project, since the proposed amendment makes no substantive changes Project or to the Development Agreement.

Section 5. For the foregoing reasons and based on the information contained in the staff reports, supporting documentation, minutes and other records of the proceedings, all of which are incorporated herein by this reference, the City Council hereby approves the proposed Second Amendment to the Development Agreement with VH Property Corp., which amendment is attached hereto as Exhibit "A" and incorporated herein by this reference.

Section 6. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

Section 7. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this 4th day of March 2003.

_____________________________
Mayor

ATTEST:

___________________________

Exhibit "A"

Amendment No. 2 to Ocean Trails Development Agreement

RECORDING REQUESTED BY AND

WHEN RECORDED RETURN TO:

CITY CLERK

CITY OF RANCHO PALOS VERDES

30940 Hawthorne Boulevard

Rancho Palos Verdes, CA 90275-5391

AMENDMENT NO. 2 TO OCEAN TRAILS DEVELOPMENT AGREEMENT

(Pursuant to California Government Code Section 65868)

THIS AMENDMENT NO. 2 TO OCEAN TRAILS DEVELOPMENT AGREEMENT ("Second Amendment") is entered into this 4th day of March, 2003 by and between VH Property Corp., a Delaware corporation ("Developer"), and the City of Rancho Palos Verdes, a municipal corporation organized under the laws of the State of California (the "City").

RECITALS

    1. Palos Verdes Land Holdings Company, L.P., a California limited partnership, and the Zuckerman Entities (as defined in the Agreement), as predecessors in interest to Developer, and City entered into that certain Development Agreement (the "Original Agreement") dated as of November 20, 1997, and recorded on December 8, 1997, as Instrument No. 97-1929840 in the Official Records of Los Angeles County, California, as amended by that certain Amendment to Ocean Trails Development Agreement (the "First Amendment"), dated as of September 18, 2001, and recorded on December 3, 2001 as Instrument No. 01-2301342 in the Official Records of Los Angeles County, California (referred to collectively with the Original Agreement, as the "Agreement"), pursuant to which Developer has certain vested rights to develop that certain real property described and/or depicted on Exhibit A attached hereto (the "Property"). Except as expressly stated to the contrary, all capitalized terms set forth herein shall have the same meaning as set forth in the Agreement.
    2. City previously approved Tentative Tract Map No. 50666 and Tentative Tract Map No. 50667 regarding the Property and subsequently approved certain amendments thereto.
    3. Final Tract Map No. 50667 was previously recorded as Instrument No. 99-1934089 in the Office of the County Recorder of Los Angeles County, California, on October 12, 1999.
    4. City and Developerís predecessors in interest originally intended that the Agreement allow for the extension of the tentative tract maps regarding the Property, pursuant to California Government Code Section 66452.6(a). Both parties now wish to memorialize such original intent, due to the lack of explicit language to that effect in the Agreement. Thus, this Second Amendment is for the mutual benefit of both City and Developer.
    5. On March 4, 2003, the City Council of City adopted Ordinance No. 388, approving this Second Amendment. Developer and City desire to amend the Agreement to reflect the foregoing.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual promises and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:

1. Section 7 of the Agreement, entitled Term, is hereby amended by adding new paragraph 7.1 to the end of that Section 7 to read as follows:

"7.1 Extension of Tentative Tract Maps. Pursuant to California Government Code Section 66452.6(a), a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. Accordingly, the term of Tentative Tract Map No. 50666, and any other tentative map approved by the City Council of City with respect to any portion of the Project, may be extended one or more times with the approval of the City Council of City, provided that no such extension shall extend the expiration date of Tentative Tract Map No. 50666 or any other approved tentative map pertaining to any portion of the Project beyond the term of this Agreement."

2. Full Force. Except as specifically set forth herein, the Agreement shall remain in full force and effect.

3. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. A facsimile signature shall be deemed an original signature.

4. Authority. The persons executing this Second Amendment on behalf of Developer and City represent and warrant that they are duly authorized so as to fully and legally bind Developer and City, respectively.

IN WITNESS WHEREOF, this Second Amendment is executed as of the date first written above.

 

"DEVELOPER":

VH PROPERTY CORP.,
a Delaware corporation

By:

Name:

Title:

By:

Name:

Title:

THE "CITY":

CITY OF RANCHO PALOS VERDES

By:

Mayor

 

ATTEST:

_________________________________

City Clerk

 
   

STATE OF CALIFORNIA

 

COUNTY OF __________

 

On before me, , a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature (Seal)

STATE OF CALIFORNIA

 

COUNTY OF __________

 

On before me, , a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature (Seal)

STATE OF CALIFORNIA

 

COUNTY OF __________

 

On before me, , a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature (Seal)