City of Manteca Planning Commission AGENDA REPORT · PDF fileCity of Manteca Planning...

City of Manteca Planning Commission

AGENDA REPORT ITEM 6.2

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MEETING DATE: October 27, 2015

APPLICATION NO: Villa Ticino West Subdivision- Development Agreement Amendment 15-75

REQUEST: A request by TOINETTE ROSSI, SUCCESSOR TRUSTEE OF THE ANDREW J. ROSSI SR. 2003 TRUST UNDER AGREEMENT DATED 11/21/03, AS AMENDED 12/22/03 AND 4/1/03 AND 4/23/04; A. ROSSI, INCORPORATED, a California Corporation; TOINETTE ROSSI, TRUSTEE OF THE TOINETTE ROSSI LIVING TRUST DATED 12/14/07, VALERIE ROSSI, TRUSTEE OF THE VALERIE ROSSI LIVING TRUST DATED 12/13/07, KATHRYN ANNETTE MYRICK, A MARRIED WOMAN, JACK RIELLA, AN INDIVIDUAL, RICK RIELLA, AN INDIVIDUAL, RLD PARTNERS, L.P.; and CIMARRON PARTNERS I, L.P., (hereinafter collectively referred to as “Developer”) for the Planning Commission to consider forwarding a recommendation of approval to the City Council for the Villa Ticino West Subdivision Development Agreement Amendment.

LOCATION: The project site is located in the City of Manteca, San Joaquin County, California. The project site consists of eight parcels totaling 229 acres, bounded by E. Louise Ave. to the north, industrial parcels fronting W. Yosemite Ave. to the south, N. Airport Way to the east, and the Union Pacific Railroad to the west. (Township 1 South, Range 6 East, Sections 5, 8, 18, 19, 20, and 21), [APN’s 198-160-08, -18, -19, -20, -21 and 198-170-01, -07, -08]

APPLICANT: A. Rossi, Inc. Toinnette Rossi 611 N. Main Street Manteca, CA 95219

PROPERTY OWNERS: A. Rossi, Inc., et.al. Toinnette Rossi 611 N. Main Street Manteca, CA 95219 ZONING: R-1 (Single Family Residential), R-3 (Multi-Family Residential),

and CN (Neighborhood Commercial)

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GENERAL PLAN: LDR (Low Density Residential), HDR (High Density Residential), and NC (Neighborhood Commercial)

CEQA STATUS: This project Is not subject to CEQA pursuant to Section 15061(b)(3) under the general rule that CEQA applies only to project which have the potential for causing a significant effect on the environment.

PROJECT DESCRIPTION:

The third amendment to the Villa Ticino West Development Agreement, amending the agreement to revise development agreement fees based on fees already paid and current trends, and to affirm previously agreed upon items such as the Term and Sewer Allocations.

SITE DESCRIPTION: The project site is located in the City of Manteca, San Joaquin County, California. The project site consists of eight parcels totaling 229 acres, bounded by W. Louise Ave. to the north, industrial parcels fronting W. Yosemite Ave. to the south, N. Airport Way to the east, and the Union Pacific Railroad to the west. (Township 1 South, Range 6 East, Sections 5, 8, 18, 19, 20, and 21), [APN’s 198-160-08, -18, -19, -20, -21 and 198-170-01, -07, -08].

BACKGROUND:

The Villa Ticino West Development Agreement was established under ordinance 1299 that became effective June 15, 2005. Development agreements can be amended to reflect the needs of either the City or the Developer when mutually agreed upon.

ANALYSIS:

ENVIRONMENTAL REVIEW:

This project Is not subject to CEQA pursuant to Section 15061(b)(3) under the general rule that CEQA applies only to project which have the potential for causing a significant effect on the environment.

DEVELOPMENT AGREEMENT AMENDMENT

The Planning Commission is asked to make a recommendation to the City Council on a Development Agreement Amendment (“DAA”) between the City of Manteca (“City”) and A. Rossi, Inc., et.al. The previously approved Villa Ticino West Subdivision project had a Development Agreement (“DA”) approved with it. The developer has requested a third amendment to this DA. The principal components of the DAA are:

The Developer is requesting Vested Rights to Develop.

The Developer has requested to amend the Development Agreement Fees. The fees shall be modified once credit due to the Developer is applied.

The DA lasts one year following the “Project Buildout” or January 6, 2023, whichever occurs first.

The Planning Commission of the City of Manteca will hold a public hearing in the City Council Chambers at City Hall, 1001 W. Center Street, Manteca, California, at, 7:00 p.m., on Tuesday, October 27, 2015 on the following matter. ALL persons having an interest in this project are invited to be present to testify in person, or to submit statements either in person or in writing prior to the hearing. Project: Third Amendment to the Villa Ticino West Development

Agreement – DAA 15-75 Description: Consider approval of the third amendment to Villa Ticino West

Development Agreement, amending the development agreement to revise development agreement fees based on fees already paid and current trends, and to affirm previously agreed upon items such as the Term and Sewer Allocations.

Location: The project site is located in the City of Manteca, San Joaquin County, California. The project site consists of eight parcels totaling 229 acres, bounded by E. Louise Ave. to the north, industrial parcels fronting W. Yosemite Ave. to the south, N. Airport Way to the east, and the Union Pacific Railroad to the west. (Township 1 South, Range 6 East, Sections 5, 8, 18, 19, 20, and 21), [APN’s 198-160-08, -18, -19, -20, -21 and 198-170-01, -07, -08]

Applicant: A. Rossi, Inc., Toinette Rossi, 611 N. Main Street, Manteca,

CA 95337 Environmental review has resulted in a Notice of Exemption being prepared. A copy of the Exemption is available for review in the Community Development Department. The Notice of Exemption was prepared in compliance with the California Environmental Quality Act (CEQA) (as amended through Public Resources Code Section 21000 et seq.) and State CEQA Guidelines (California Code of Regulation Section 15000 et seq.).

If you challenge the project and entitlements or its environmental documentation in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (209) 456-8500. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

For more information contact the Community Development Department, 1001 W. Center Street, Manteca, CA 95337. Phone: (209) 456-8500. Fax: (209) 923-8949. E-mail: [email protected].

PUBLIC NOTICE

THIRD AMENDMENT TO THE VILLA TICINO WEST DEVELOPMENT AGREEMENT - DAA-15-75

Miles

Data on this map is intended for general use and informational purposes only. The City of Manteca does not warrant the accuracy, quality, or completeness of data or suitability for any particular purpose. Information on this map is not intended to replace engineering, survey, or other primary research methods.

0.4 0 0.40.19

VICINITY MAP

PROJECT ADDRESSES:

395 N. AIRPORT WY511 N. AIRPORT WY709 N. AIRPORT WY745 N. AIRPORT WY891 N. AIRPORT WY322 SWANSON RD350 SWANSON RD401 SWANSON RD

ASSESSOR PARCEL NUMBERS:

198-160-08198-160-18198-160-19198-160-20198-160-21198-170-01198-170-07198-170-08


Miles


0.4 0 0.40.19

300' BUFFER MAP

PROJECT ADDRESSES:

395 N. AIRPORT WY511 N. AIRPORT WY709 N. AIRPORT WY745 N. AIRPORT WY891 N. AIRPORT WY322 SWANSON RD350 SWANSON RD401 SWANSON RD


198-160-08198-160-18198-160-19198-160-20198-160-21198-170-01198-170-07198-170-08


Miles


0.6 0 0.60.32

NOTICED PARCELS


19801005, 19811006, 19811007, 19811012, 19811013, 19816005,19816008, 19816018, 19816019, 19816020, 19816021, 19816022,19817001, 19817002, 19817003, 19817007, 19817008, 19817009,19817014, 19817017, 19817018, 19817019, 19817029, 19817031,19817032, 19823012, 20013001, 20013002, 20013003, 20014002,20014026, 20020012, 20020013, 20020014, 20020015, 20020016,20020017, 20020024, 20020025, 20020026, 20020027, 20020028,20020029, 20021001, 20021002, 20021003, 20024022, 20024023,20024024, 20024025, 20024026,20024027, 20024028, 20024029,20024030, 20024031, 20024032,20024033, 20024034, 20024041,20024042, 20024063, 20024064,20025010, 20025011, 20025012,20025013, 20025014, 20025015,

20029009, 20222028

APN OwnersName CareOfName StreetName City State ZipCodePre

19801005 UNION PACIFIC CORPORATION UNION PACIFIC RAILROAD CO 1400 DOUGLAS ST STOP 1640 OMAHA NE 68179

19811006 MANTECA UNIFIED SCHOOL DISTRIC PO BOX 32 MANTECA CA 95336

19811007 SOUTH SAN JOAQUIN IRRIG DISTRI 11011 E HWY 120 MANTECA CA 95336

19811012 EXETER 2403 LOUISE LLC 140 W GERMANTOWN PIKE #150 PLYMOUTH MEETIN PA 19462

19811013 EXETER 2301 LOUISE LLC 140 W GERMANTOWN PIKE #150 PLYMOUTH MEETIN PA 19462

19816005 SOUTH SAN, JOAQUIN IRR DST PO BOX 747 RIPON CA 95366

19816008 ROSSI, TOINETTE TR ETAL DELTA NATIONAL BANK 611 N MAIN ST MANTECA CA 95336

19816018 A ROSSI INC 611 N MAIN ST MANTECA CA 95336





19817001 ROSSI, KATHRYN ANNETTE ETAL TOINETTE ROSSI TR/DELTA NATION 611 N MAIN ST MANTECA CA 95336

19817002 PACIFIC, T & T CO 140 NEW MONTGOMERY ROOM 815 SAN FRANCISCO CA 0

19817003 MARQUEZ, VICTOR M & EMMA L 259 SWANSON RD MANTECA CA 95337

19817007 R L D PARTNERS LP ETAL 10100 TRINITY PARKWAY #420 STOCKTON CA 95219

19817008 RLD PARTNERS LTD PTP ETAL CIMARRON PARTNERS I LP 10100 TRINITY PKWY #420 STOCKTON CA 95219

19817009 DELNERO, MICHAEL E & IRENE R 290 SWANSON RD MANTECA CA 95337

19817014 D AMBROSIO BROTHERS INVEST CO ATTN DON D AMBROSIO 1228 REAMWOOD AVE SUNNYVALE CA 94086

19817017 ARETAKIS, JOHN N & GALATIA TR 565 S AUSTIN RD MANTECA CA 95336

19817018 NEWKIRK, LOYD DAVID SR TR 225 N AIRPORT WAY MANTECA CA 95337

19817019 MACK, ROBERT L & DORTHY F 185 N AIRPORT WAY MANTECA CA 95337

19817029 AT&T COMMUNICATIONS OF CA INC PROPERTY TAX DEPT PO BOX 7207 BEDMINSTER NJ 7921

19817031 SWANSON, DOUG W & KIM 218 SWANSON RD MANTECA CA 95337

19817032 KASTER, VERNA RAE ETAL 3041 LEAF CIR POLLOCK PINES CA 95726

19823012 LANTING FAMILY LLC PO BOX 747 CHINO CA 91708

20013001 WILBORN, CYNTHIA CROM TR ETAL 9230 SILVER KING RD REDDING CA 96001

20013002 WILBORN, CYNTHIA CROM TR ETAL 9230 SILVER KING RD REDDING CA 96001

20013003 FLORES, ELISA 15207 SW 24TH ST MIAMI FL 33185

20014002 MANTECA REDEVELOPMENT AGENCY ATTN YVETTE RAMOS 1001 W CENTER ST MANTECA CA 95337

20014026 SILVAS LAZY ACRES LTD PTP DORIS SILVA 1250 PHEASANT HOLLOW WAY MANTECA CA 95336

20020012 ADENDORFF, ADRIAAN P & OLIVIA 68 JACKSON RD NEWPORT RI 2840

20020013 KEMPF, ROY P & CYNTHIA 2064 LICSTAL CT MANTECA CA 95337

20020014 BOTELLO, RAUL JR 2076 LICSTAL CT MANTECA CA 95337

20020015 SUAREZ, AUGSTIN & ALICIA 2077 LICSTAL CT MANTECA CA 95337

20020016 DAVILA, RAFAEL & MARIA G 2065 LICSTAL CT MANTECA CA 95337

20020017 AKRIDGE, BRIAN T 2053 LICSTAL CT MANTECA CA 95337

20020024 GERMAN, GUSTAVO & MARIA G 2050 GENEVA WAY MANTECA CA 95337

20020025 CAMACHO, BRENDA 2064 GENEVA WAY MANTECA CA 95337

20020026 RAMIREZ, GUSTAVO & MARTHA 2078 GENEVA WAY MANTECA CA 95337

20020027 OLMOS, GUADALUPE & MAGDALENE 2079 GENEVA WAY MANTECA CA 95337

20020028 NAIL, DIANE S ETAL 2067 GENEVA WAY MANTECA CA 95337

20020029 ENRIQUEZ, EDDIE & FELICIDAD TR 2053 GENEVA WAY MANTECA CA 95337

20021001 SINGH, GIAN 2083 CROM ST MANTECA CA 95337

20021002 LOCICERO, KELLY W 2069 CROM ST MANTECA CA 95337

20021003 HUDACK, THOMAS R 2061 CROM ST MANTECA CA 95336

20024022 BATRES, DELIN 2056 SCHAFFHAUSEN ST MANTECA CA 95337

20024023 MENDOZA, JAMES ETAL 2068 SCHAFFHAUSEN ST MANTECA CA 95337

20024024 DIPIETRO, DEAN & SHANNON 547 FRIBOURG WAY MANTECA CA 95337

20024025 RAUT, SACHIN P & MINAL S TR 1091 BEAUMONT DR SAN JOSE CA 95129

20024026 MANZANARES, CARLOS F 573 FRIBOURG LN MANTECA CA 95337

20024027 SOTO, LARRY T 585 FRIBOURG WAY MANTECA CA 95337

20024028 KOTECHA, ANAND K & AMITA 597 FRIBOURG WAY MANTECA CA 95337

20024029 ROSAS, ISMAEL & DIANA 619 FRIBOURG LN MANTECA CA 95337

20024030 GUGLIELMO, MARY JANE 645 FRIBOURG WAY MANTECA CA 95337

20024031 GUERRERO, JAVIER & ADELA 671 FRIBOURG WAY MANTECA CA 95337

20024032 GONZALEZ, ARMANDO & NORMA L 695 FRIBOURG LN MANTECA CA 95337

20024033 PEDRON, SERAFIN P & HELEN L 8312 BULL MOUNTAIN CT ELK GROVE CA 95758

20024034 ESPINOZA, ADRIAN 2061 SOLOTHURN WAY MANTECA CA 95337

20024041 ZELLNER, JEFFREY & KATIE 2058 SOLOTHURN WAY MANTECA CA 95337

20024042 JAWANDA, KULWANT S & PARMINDER 2057 FRAUENFELD ST MANTECA CA 95337

20024063 JIMENEZ MENDEZ, MARIA PO BOX 3544 HAYWARD CA 94540

20024064 HERRERA, JASON 2058 FRAUNFELD ST MANTECA CA 95337

20025010 ANAYA, JOSE L JR 2040 LUGANO CT MANTECA CA 95337

20025011 CORSARO, MATTHEW D 2054 LUGANO CT MANTECA CA 95337

20025012 THUNBERG, LOUIE B & LINDA L 2066 LUGANO CT MANTECA CA 95337

20025013 FIORE DEVELOPMENT COMPANY 2020 CRESTWOOD AVE MANTECA CA 95336

20025014 2014‐1 IH BORROWER LP ALTUS GROUP US INC 21001 N TATUM BLVD #1630‐630 PHOENIX AZ 85050

20025015 TOMPONG, ALEX M & CYNTHIA D E CORAZON DEL ROSARIO 2051 LUGANO CT MANTECA CA 95337

20029009 ISONE INC 611 N MAIN ST MANTECA CA 95336

20222028 OTT, FRANK L & KAREN L TR ETA ANTONE & SAUNDRA OTT TR 1366 ANDREW LN MANTECA CA 95336

CALIFORNIA NATURAL PRODUCTS PO BOX 1219 LATHROP CA 95330

LATHROP CITY OF 390 TOWNE CENTRE DR LATHROP CA 95330

UNION PAIFIC, CORPORATION UNION PACIFIC RAILROAD CO 1400 DOUGLAS ST STOP 1640 OMAHA NE 68179

City of Manteca

PLANNING COMMISSION RESOLUTION NO. 1432

WHEREAS, the Manteca Planning Commission at their public hearing of October 27, 2015, considered Development Agreement Amendment No. DAA 15-75 for Villa Ticino West, filed by A Rossi Inc., Toinette Rossi, 611 N. Main Street, Manteca, CA 95336; and,

WHEREAS, the Villa Ticino West project site is located in the City of Manteca, San Joaquin County, California. The project site consists of eight parcels totaling 229 acres, bounded by W. Louise Ave. to the north, industrial parcels fronting W. Yosemite Ave. to the south, N. Airport Way to the east, and the Union Pacific Railroad to the west. (Township 1 South, Range 6 East, Sections 5, 8, 18, 19, 20, and 21), [APN’s 198-160-08, -18, -19, -20, -21 and 198-170-01, -07, -08]; and,

WHEREAS, the project area has a General Plan Land Use designation of LDR, Low Density Residential, HDR, High Density Residential, and NC Neighborhood Commercial; and is zoned R-1, Single Family Residential, R-3, Multi-Family Residential, and CN, Neighborhood Commercial; and,

WHEREAS, the Villa Ticino West Development Agreement was established under ordinance 1299 that became effective June 15, 2005; and,

WHEREAS, the request was reviewed subject to the provisions of the California Environmental Quality Act (CEQA) to determine its potential for causing a significant effect on the environment; and,

WHEREAS, California Government Code Section 65868, Amendments of Article 2.5 Development Agreements in addition to Manteca Municipal Code 17.10.150 mandates that the Planning Commission shall hold a public hearing to consider the Amendment.

NOW, THEREFORE, BE IT FOUND, RESOLVED, AND ORDERED that the Manteca Planning Commission duly recognizes the appropriateness of the Third Amendment to the Villa Ticino West Development Agreement Amendment No. DAA 15-75, and in accordance with Section 17.10.150 of Manteca Zoning Ordinance hereby submits a recommendation of approval to the Manteca City Council based on the following findings:

The Third Amendment to the Villa Ticino West Development Agreement;

1. Is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans.

2. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice.

3. Will not be detrimental to health, safety, and general welfare of the city.

4. Will not adversely affect the orderly development of property or the preservation of property values.

5. Is not subject to CEQA pursuant to Section 15061(b)(3) under the general rule that CEQA applies only to project which have the potential for causing a significant effect on the environment.

I hereby certify that Resolution No. 1432 was passed and adopted by the Planning Commission of the City of Manteca at a regularly scheduled public hearing held on October 27, 2015 by the following vote:

Roll Call:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chairman, Jose Nuno Date

VillaTicinoWestDAANo.3 Page1

WHEN RECORDED MAIL TO: JOANN TILTON, MMC CITY CLERK CITY OF MANTECA 1001 WEST CENTER STREET MANTECA, CA 95337

THIRD AMENDMENT TO THE VILLA TICINO WEST DEVELOPMENT AGREEMENT

THIS THIRD AMENDMENT is dated for reference purposes this _____day of ____________, 2015 by and between the CITY OF MANTECA, a municipal corporation organized and existing under the laws of the State of California (“City”), and TOINETTE ROSSI, SUCCESSOR TRUSTEE OF THE ANDREW J. ROSSI SR. 2003 TRUST UNDER AGREEMENT DATED 11/21/03, AS AMENDED 12/22/03 AND 4/1/03 AND 4/23/04; A. ROSSI, INCORPORATED, a California Corporation; TOINETTE ROSSI, TRUSTEE OF THE TOINETTE ROSSI LIVING TRUST DATED 12/14/07, VALERIE ROSSI, TRUSTEE OF THE VALERIE ROSSI LIVING TRUST DATED 12/13/07, KATHRYN ANNETTE MYRICK, A MARRIED WOMAN, JACK RIELLA, AN INDIVIDUAL, RICK RIELLA, AN INDIVIDUAL, RLD PARTNERS, L.P.; and CIMARRON PARTNERS I, L.P., (hereinafter collectively referred to as “Developer”). This Third Amendment is to that Development Agreement (“Agreement”) entered into the 6th day of July, 2005, by and between the City and Toinette Rossi, Successor Trustee of the Andrew J. Rossi Sr. 2003 Trust Under Agreement Dated 11/21/03, as Amended 12/22/03 and 4/1/03 and 4/23/04; Mary Aksland, Trustee of the Mary Aksland Separate Property Trust, Dated May 19, 1995; A. Rossi Incorporated, a California Corporation; A. Rossi Inc., a California Corporation; Wilson Hastings Green, Jr., and Helen Jean Green as Trustees of the 1998 Green Family Trust; and Deloris N. Gowan, Successor Trustee of the Patrick M. Gowan and Deloris N. Gowan 1992 Living Trust. City and Developer are from time to time hereinafter referred individually as a party or collectively as the “Parties.”

RECITALS

A. Developer and the City entered into a Development Agreement dated July 6, 2005 for the development of certain real property more particularly described therein (“Project Site”), as amended by a First Amendment, and Second Amendment (collectively, the “Development Agreement” or “Agreement”).


B. Developer is seeking to affirm the terms of the Agreement.

C. Developer is seeking to affirm that the Project enjoys full sewer allocations.

D. Developer is seeking to amend the Agreement to revise the Development Agreement Fees to reflect current trends associated with these types of fees within the City of Manteca.

E. In order to expand the amount of storm drainage discharge to provide capacity for new development, the City is seeking to recover costs directly attributable to impacts caused by new development, namely new storm drain discharge requirements being placed on the City of Manteca by South San Joaquin Irrigation District, which must be installed by 2020.

F. The City is seeking funding for capital projects necessary to continue to provide a high quality of life in the City of Manteca by constructing additional and upgrading existing amenities to the Parks System.

G. Developer is seeking to amend the Agreement to recognize and account for Development Agreement Fees already paid to date.

H. The Agreement authorizes amendments from time to time in whole or in part by mutual consent of the Parties.

I. Initially capitalized terms not otherwise defined herein shall have the meanings given them in the Agreement.

J. NOW , THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the Parties agree as follows:

AGREEMENT

1. The preamble, Recitals and all defined terms set forth in the Development Agreement are hereby incorporated into this portion of the Third Amendment as if set forth


herein in full.

2. This Third Amendment hereby amends the Development Agreement. However, except as the Development Agreement is expressly amended by this Third Amendment, the Development Agreement shall remain operative and in full force and effect. The City and Developer hereby ratify and affirm all of their respective rights and obligations under the Development Agreement. In the event of any conflict between this Third Amendment and the Development Agreement, this Third Amendment shall control.

3. Section 1.05 is hereby amended to read as follows: “Term. The “term” of this Agreement shall commence upon the Effective Date and shall continue until whichever of the following occurs first: (a) one year following the “Project Buildout,” as that phrase is defined in this Agreement; or (b) January 6, 2023, which is arrived at starting with the Effective Date of July 6, 2005, adding 9 years for the original term, adding 5 years for Ordinance No. 1462, adding 2 years for Amendment No. 2, and adding 18 months per City Council action on September 2, 2014. Upon expiration of the Term, this Agreement shall terminate and be of no further force or effect; provided, however, such termination shall not affect any claim of any Party hereto, arising out of the provisions of this Agreement, prior to the effective date of such termination, or affect any right or duty arising from entitlements or approvals, including the Project Approvals, applicable to the Project Site approved prior to the effective date of the termination, and all representations and warranties set forth herein shall survive such termination.

4. ARTICLE 2. DEFINITIONS. “Project Allocation Application Fee” is hereby amended such that Resolution No. R2010-149, adopted by the City on July 6, 2010, shall replace Resolution No. R2004-51, adopted by the City on February 2, 2004.

5. Section 4.01is hereby amended to read as follows: “Vested Right to Develop. Developer shall have the vested right to develop the Project pursuant to the Applicable Law this Agreement establishes and describes. Any Subsequent Approval shall be incorporated into this Agreement and vested hereby. In no event shall the total number of Project Allocations under this Agreement in any one year exceed the schedule provided for in Section 4.02 (g). Provided this Agreement has become effective, any Subsequent Approval issued after the Effective Date shall be incorporated into this Agreement and vested hereby.

6. Section 4.02(f)(3)(A) is hereby amended to read as follows: “Development Agreement Fees. In addition, except as otherwise provided by City action (i.e. Ordinance No. 1462 as amended in August-September, 2014), Developer


shall pay a Development Agreement fee of $5,000 per home and $2,350 per apartment at the time of pulling each building permit for the new Project homes or apartments, less a credit applied to each home or apartment to account for $1,369,566 they previously paid for the 608 Low Density Residential lots; $432,780 they previously paid for the 152 Low Density Residential lots as part of the Industrial Waste Water Pipeline Development Agreement; and $154,837 they previously paid for the High Density Residential lots. The credit due Developer shall be as follows: Low Density Residential: The first 600 building permits pulled after the extended deadline of December 31, 2016 (per Ordinance 1462 unless further extended) shall receive a fee credit of $3000 each and a fee credit of $2,346.00 for the 601st building permit. These credits shall not apply to lots within Phase C & D of the tentative map. High Density Residential: The credit due Developer per apartment shall be calculated upon a project being approved for the High Density Residential lot and it is known how many apartments there will be. Developer shall pay a lump sum of $1500 per acre prior to the issuance of the first building permit for a production home in order for the City to recover costs directly attributable to impacts caused by new development, namely new storm drain discharge requirements being placed on the City of Manteca by South San Joaquin Irrigation District. The Developer shall also pay $2000 per acre prior to the issuance of the first building permit for a production home for capital projects necessary to continue to provide amenities to the Parks System, which improve the quality of life in the City of Manteca. These payments for Storm Drain and Parks improvements are not subject to Ordinance No. 1462 or City Council action on August 19, 2014.”

7. Section 4.02(f)(3)(A)(i) is hereby amended to read as follows: (i) The first paragraph of (i) is hereby deleted. The second paragraph shall be amended to read as follows: “The City shall adjust the fees noted in Sections 4.02(f)(3)(A) in January of each year during the Term of this Agreement, beginning in 2016. Such adjustment shall be based on the change of the Twenty-City U.S. Average Engineering News-Record Official Construction Cost Index, and Developer shall pay those fees in place at time payment is due. The first year’s adjustment shall reflect the change in the Engineering News-Record Construction Cost Index from July 1, 2015 to January 1, 2016. In each subsequent year, the adjustment shall reflect the change in the Construction Cost Index from January one year to January the following year, during the Term of the Agreement. In no event shall the fees be less than in any previous year.”

8. Section 4.02 (g) is hereby amended to reflect 760 low-density, single family residential sewer allocations and 12.4 acres at 20 units per acre of high-density sewer allocations such that the existing Project Allocation table is replaced by the following (the Developer shall have the right to use the 152 LDR units that were referenced in the original DA as exempt from the growth cap to supplement this schedule if


needed):

i. 2016 60 Low Density Residential Project Allocations; ii. 2017 120 Low Density Residential Project Allocations;

iii. 2018 120 Low Density Residential Project Allocations; iv. 2019 120 Low Density Residential Project Allocations; v. 2020 120 Low Density Residential Project Allocations;

vi. 2021 120 Low Density Residential Project Allocations; vii. 2022 100 Low Density Residential Project Allocations;

viii. 2017 124 High Density Residential Project Allocations; and ix. 2018 124 High Density Residential Project Allocations.

9. Section 8.02 is hereby amended to read as follows:

“Addresses. Notices shall be given to the parties at their addresses set forth below: If to City, to: City Manager City of Manteca 1001 West Center Street Manteca, CA 95337 Telephone: (209) 456-8062 FAX: (209) 923-8960 If to Developer, to: Toinette Rossi A. Rossi, Inc. c/o Delta National Bank 611 N. Main Street Manteca, CA 95336 Telephone: (209) 824-4000 FAX: (209) 823-3837 Any party hereto may at any time, by giving Notice to the other parties pursuant to Section 8.01 of this Agreement, designate any other address in substitution to the address to which such Notice shall be given. Thereafter, all Notices relating to this Agreement shall be addressed and transmitted to such new address”

10. Recordation. Developer shall be the first to sign this Third Amendment and then shall deliver the Third Amendment to the City Manager, who will immediately schedule this Third Amendment for public hearings before the Planning Commission and City Council. After the City Council approves this Third Amendment, The Mayor shall sign this Third Amendment, and the City Clerk shall, at the Developer’s expense (which has been paid through the Developer’s application fee), record an executed copy of same in the Official Records of the County of San Joaquin.


11. Effective Date. The City has authorized the execution of this Third Amendment

and attestation by its city clerk under the authority of Ordinance no. ______ (the “Adopting Ordinance”) adopted by the City Council of the City of Manteca on _____ ___, 2014. This Third Amendment shall be effective (“Effective Date”) upon the later of: (i) thirty (30) after the adoption of the Ordinance and (ii) full execution of this Third Amendment by all Parties hereto. The Effective Date under this paragraph shall not be understood to expand or alter the effective date of the Development Agreement.

IN WITNESS WHEREOF, this Third Amendment has been approved and executed by each party hereto as of the day and year shown on the notarial acknowledgement pages to this Third Amendment; the last date in time shall be the date appearing in the preamble to this Third Amendment. “City” “Developer”: CITY OF MANTECA TOINETTE ROSSI,

SUCCESSOR TRUSTEE OF THE ANDREW J. ROSSI SR. 2003 TRUST UNDER

AGREEMENT DATED 11/21/03, AS AMENDED 12/22/03 AND 4/1/03 AND 4/23/04 _________________________ ______________________________ Stephen F. DeBrum, Mayor Toinette Rossi, Successor Trustee A. ROSSI, INCORPORATED, A CALIFORNIA CORPORATION ______________________________ ATTEST: Valerie Rossi, Interim President _________________________ ______________________________ Joann L. Tilton, City Clerk Toinette Rossi, Secretary/Treasurer

TOINETTE ROSSI, TRUSTEE OF THE TOINETTE ROSSI LIVING TRUST

APPROVED AS TO FORM: DATED 12/14/07 _________________________ ______________________________ John D. Brinton, City Attorney Toinette Rossi, Trustee


VALERIE ROSSI, TRUSTEE OF THE VALERIE ROSSI LIVING TRUST

DATED 12/13/07. _______________________________ Valerie Rossi, Trustee

KATHRYN ANNETTE MYRICK A MARRIED WOMAN

_________________________________ Kathryn Annette Myrick

JACK RIELLA, AN INDIVIDUAL ________________________________ Jack Riella RICK RIELLA, AN INDIVIDUAL ________________________________ Rick Riella RLD PARTNERS, L.P. ________________________________ Thomas Doucette CIMMARRON PARTNERS I, L.P. ________________________________ James Acosta

City of Manteca Planning Commission AGENDA REPORT · PDF fileCity of Manteca Planning...

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