ATTACHMENT_5_ORDINANCE_DA(999566.1)01247.0005/999566.1 Ordinance No. ___
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ORDINANCE NO. ___
AN ORDINACE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF GRAND TERRACE AND LEWIS LAND
DEVELOPERS, LLC A DELAWARE LIMITED LIABILITY COMPANY
PURSUANT TO ARTICLE 2.5 OF CHAPTER 4 OF DIVISION 1 OF TITLE 7,
SECTIONS 65864 THROUGH 65869.5 OF THE GOVERNMENT CODE AND
ARTICLE XI, SECTION 2 OF THE CALIFORNIA CONSTITUTION FOR THE
GATEWAY AT GRAND TERRACE SPECIFIC PLAN
WHEREAS, Lewis Land Developers, LLC (“Developer”) applied for a General Plan
Amendment No. 17-01, Zone Change (ZC 17-02), Zone Change Amendment (ZCA 24-01), Specific
Plan 17-01, Tentative Tract Map No. 20501 (18-01), and the City has conducted an Environmental
Impact Report for the Gateway at Grand Terrace Specific Plan (SCH No. 2021020110) (Env 17-
10), for purposes of the development of residential, commercial/retail, parks, and supporting
infrastructure (“Project”) for an approximately 112-acre Project area, identified as Assessor’s Parcel
Numbers 1167-151-78, 1167-151-79, 1167-161-33, 1167-161-02, 1167-161-03, 1167-161-04,
1167-161-05, 1167-151-09, 1167-151-12, 1167-151-13, 1167-171-11, 1167-171-12, 1167-151-20,
1167-151-22, 1167-181-12, 1167-181-13, 1167-151-21, 1167-151-23, 1167-181-01, 1167-151-18,
1167-151-68, 1167-151-65, 1167-151-74, 1167-151-75, 1167-151-64, 1167-151-73, 1167-151-71,
1167-151-11, 1167-151-14, 1167-151-24, 1167-151-17, 1167-151-10 (“Property”); and
WHEREAS, on June 6, 2024, the Planning Commission conducted a duly noticed hearing
for the Project and adopted Resolution No. 2024-04 Recommending that the City Council adopt
General Plan Amendment No. 17-01, Zone Change (ZC 17-02), Zone Change Amendment 24-01,
Specific Plan 17-01, Tentative Tract Map No. 20501 (18-01), and certify the Environmental Impact
Report for the Gateway at Grand Terrace Specific Plan (SCH No. 2021020110), including adoption
of a mitigation monitoring and reporting program, findings of fact and statement of overriding
considerations (Env. 17-10), with additional recommendations to the City Council regarding the
Specific Plan; and
WHEREAS, also on June 6, 2024, the Planning Commission adjourned the public hearing
to a date certain, June 20, 2024, and continued the consideration of the development agreement
to the same date; and
WHEREAS, on June 20, 2024, the Planning Commission re-opened the adjourned duly
noticed public hearing, received all of the information presented by staff, Developer, heard public
testimony and considered all of the background information, and closed the public hearing; and
concluded the hearing on said date by adopting Resolution No. 2024-05 recommending the City
Council approve a Development Agreement by and between the City of Grand Terrace and Lewis
Land Developers, LLC A Delaware Limited Liability Company Pursuant to Article 2.5 of Chapter 4
of Division 1 of Title 7, Sections 65864 through 65869.5 of the Government Code and Article XI,
Section 2 of the California Constitution; and
WHEREAS, sections 65864-65869.5 of the California Government Code authorize the City
to enter into development agreements and requires the planning agency of the City, which is the
Planning Commission/Site and Architectural Review Board for the City of Grand Terrace, to find
the development agreement to be consistent with the policies and programs of the General Plan
and any applicable specific plan; and
Attachment 5
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WHEREAS, Government Code Section 65865 authorizes the City to enter into development
agreements with any person having a legal or equitable interest in real property, which interest
Developer has in the affected property; and
WHEREAS, on July 23, 2024, the City Council of the City of Grand Terrace introduced and
conducted a first reading of this Ordinance, held a duly noticed Public Hearing with respect thereto,
and considered testimony and evidence at the Public Hearing; and
WHEREAS, on August ___, 2024, the City Council of the City of Grand Terrace conducted
a second reading and adoption of this Ordinance; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the development
agreement has been considered in the Environmental Impact Report (SCH No. 2021020110)
prepared for the Project, and the approval of the Development Agreement is consistent with the
analysis contained therein; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all the facts set forth in the
above Recitals, are true and correct and incorporated herein by this reference and made a part
hereof.
SECTION 2. The City Council hereby finds that the Environmental Impact Report (EIR) for
The Gateway at Grand Terrace Specific Plan (State Clearinghouse (SCH) NO. 2021020110),
including the Mitigation Monitoring and Reporting Program and Findings of Fact and Statement of
Overriding Considerations (ENV 17-10) adequately describes the Project and its potential impacts,
as well as the impacts potentially resulting from the approval of the Development Agreement for
the purposes of CEQA review, and the Development Agreement is consistent with the analysis of
the Project within in the City Council certified Final Environmental Impact Report, adopted
Mitigation Monitoring and Reporting Program, adopted Findings of Fact, and adopted Statement of
Overriding Considerations.
SECTION 3. Pursuant to the Government Section Code 65867.5 and in light of the record
before it including the staff report (and all attachments), and all evidence and testimony heard at
the public hearing for this item, and in light of all evidence and testimony provided in connection
Project and Development Agreement, the City Council makes the following findings pertaining to
the Development Agreement:
a. The Development Agreement is consistent with the goals and policies of the General
Plan, its purposes and applicable Specific Plan(s).
1. The Development Agreement promotes the City’s General Plan Land Use
Goal 2.1 to provide for balanced growth within the City, which seeks to
provide a wide range of employment and housing opportunities and
maintenance of a healthy, diversified community. The Development
Agreement promotes Land Use Goal 2.3 to provide a wide range of retail
and service commercial opportunities designed to meet the needs of the
City’s residents, businesses, and visitors while also providing employment
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opportunities. The Project will also include improvements and contribute fees
to improvements that will implement the Circulation Element of the General
Plan.
Further, the Development Agreement provides for the development of the
Property consistent with The Gateway at Grand Terrace Specific Plan, which
will be consistent with the City’s General Plan, Zoning Code, and Zoning
Map, as amended via General Plan Amendment No. 17-01, Zone Change
(ZC 17-02), Zone Change Amendment 24-01. The Development Agreement
is consistent with the Gateway at Grand Terrace Specific Plan because the
Specific Plan shall be the primary document governing the Development of
the Property. The Development Agreement provides the parameters within
which the obligations of the Developer, or its successors and assigns, will
meet the development requirements for infrastructure and public
improvements and facilities for the Property consistent with the Gateway at
Grand Terrace Specific Plan, in order to assist in attaining the most effective
utilization of resources within the City.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase
contained approved by this Ordinance, or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall
not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof.
The City Council of Grand Terrace hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that
any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases are
declared unconstitutional, invalid, or ineffective.
SECTION 5. First read at a regular meeting of the City Council held on the 23rd day of July
2024, and adopted the Ordinance after the second reading at a regular meeting held on the ____
day of August 2024.
SECTION 6. Based upon the forgoing and all oral and written communications from
members of the public and City staff (including, but not limited to, all oral and written staff reports
and attachments) presented at the July 23, 2024, Public Hearing, the City Council hereby adopts
Ordinance No. ___ and approves the Development Agreement by and between the City of Grand
Terrace and Lewis Land Developers, LLC a Delaware Limited Liability Company pursuant to Article
2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the Government Code
and Article XI, Section 2 of the California Constitution for The Gateway at Grand Terrace Specific
Plan as shown in Exhibit A, attached hereto.
SECTION 7. The Mayor shall sign, and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted pursuant to the
provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final
passage.
APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California,
at a regular meeting held on the ____ day of August 2024.
Signatures on Following Page
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__________________________
Mayor Bill Hussey
ATTEST:
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS.
CITY OF GRAND TERRACE )
I Debra Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Ordinance was duly passed, approved and adopted by the
City Council at a regular meeting of said City Council held on the ___ day of August _____ 2024,
and that and that it was adopted by the called vote as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Executed this ____ day of August 2024, at Grand Terrace, California.
___________________________
Debra L. Thomas
City Clerk