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Home My WebLink About91-052 CC ResolutionRESOLUTION NO. 91-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~vlECULA REGARDING DEVELOPMENT AGREEMENTS, PRE-ANNEXATION AGREEMENTS, AND THE PROCEDURES FOR CONSIDERATION THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the State Legislature has authorized the City to enter into development agreements which provide greater certainty to developers to proceed with approved projects according to local policies and regulations; and, WHEREAS, both California case law and statutes, Government Code Section 65865 (c), authorize cities to enter into development agreements with any person having a legal or equitable interest in real property in unincorporated territory within the City's sphere of influence; and, WHEREAS, Government Code Section 65867 requires a public hearing before the planning agency and the legislative body prior to the adoption of a development agreement; and, WHEREAS, the City Council wishes to implement this authorization in an efficient and equitable manner by providing processing procedures for development agreements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: SECTION 1. As a policy, development agreements should include public benefit(s), beyond those already forthcoming through project approvals, in return for commitments to maintain present plans and regulations for determinate periods. SECTION 2. For purposes of this Resolution, the term "development agreement" shall include pre-annexation agreements which meet the requirements of Government Code Section 65865 (b). However, no such pre-annexation agreement shall have any force or effect and shall be null and void unless the annexation is completed within the time specified in the agreement or any extension thereof. SECTION 3. The Planning Commission is hereby designated as the planning agency for purposes of Government Code Section 65867. SECTION 4. The following procedures are approved: A. Application R¢~o 91-52 -1- 1. Consideration of a development agreement, Government Code Section 65864 et Istal., shall be initiated by the property owner ("OWNER") filing an application for such consideration with the Director of Planning ("Director"). The application shall include. (a) A proposed agreement which conforms to the form approved by the City Attorney and shall include the following: covered by the agreement. (I) A legal description of the property sought to be (ii) A description of the proposed uses, height and size of buildings, density or intensity of use, and provision for reservation or dedication of land for public purposes. (iii) Conditions, terms, restfictions, and requirements for subsequent City discretionary actions. (iv) Proposed time when construction would be commenced and completed, including a phasing plan. (v) Proposed public benefits inclusive of an implementation phasing plan. (vi) Termination date for the agreement, not to exceed ten (10) years from the date of execution. (b) Sufficient information to enable the Director to perform an initial study pursuant to Public Resources Code Section 21160. (c) Sufficient information to establish that the project is consistent with the Southwest Area Community Plan. (d) For pre-annexation development agreements, the development agreement shall include the following: (I) A date certain when the annexation is to be completed; and, (ii) A provision which makes the agreement nun and void if the annexation is not completed by the date set forth in the agreement or any extension thereof. (e) Such other infomarion as the Director may require. Re~o 91-52 -2- 2. The application shall be accompanied by a $4,000.00 deposit fee to cover processing costs. Additional funds may be requested. Any overage shall be refunded subsequent to adoption of the agreement or upon termination of the application. The City Council may choose to refund the application fee pursuant to the terms of the development agreement in exchange for public benefits received. B. Recommendation and Transmittal. The director shall, in accordance with adopted City procedures for implementation of CEQA, prepare appropriate environmental documentation and, upon completion of such documentation, shall transmit the application, together with the Director's report on adequacy of existing plans and regulations, and proposed public benefit(s) to balance development commitments; and why such benefit(s) is/are adequate to the Planning Commission and then to the City Council if approved by the Commission or appealed by the applicant to the City Council. C. Plannir~ Commission Action. 1. Upon receipt of the application, environmental documentation and Director's report, the Planning Commission Secretary shall schedule a public hearing on the application. The hearing shall be preceded by public notice given in the same manner as for a zone change. 2. Following the public hearing, the Commission may recommend approval, disapproval, or approval as modified by the Commission, and, if approval or approval as modified, recommend that the City Council adopt an ordinance approving the agreement. D. City Council Action. 1. Upon receipt of the application, environmental documentation and Director's report including the Planning Commission's recommendation or the applicant's appeal, the City Clerk shall schedule a public hearing on the application. The hearing shall be preceded by public notice given in the same manner as for a zone change. 2. Following the public hearing, the council may approve, disapprove, or approve as modified by the Council the application and, if approved or approved as modified, adopt an ordinance approving the agreement and may execute said agreement on behalf of the City. Said agreement shall not become efficient prior to execution by the Mayor. 3. No agreement shall be executed by the City until it has been executed by the applicant. If the applicant has not executed the agreement, or agreement as modified by the City Council, and returned said executed agreement to the city for execution within thirty (30) days of Council approval, said application shall be deemed withdrawn and the agreement shall not be executed by the City. Re~o 91-52 -3- 4. Within ten (10) days after the City executes a development agreement, the City Clerk shall cause a copy thereof to be recorded. E. Annhal Review. 1. All development projects subject to the agreement shall be reviewed by the Director once every twelve (12) months concurrent with OWNER's submittal of an Annual Monitoring Report. 2. The purpose of the review shall be to inquire into the good faith compliance of the OWNER with the terms of the agreement and any other matters which may be specified in said agreement. 3. Prior to each review, the OWNER shall file a report with the Director as to development which has occurred under the agreement subsequent to the last past review and any other matters which the OWNER wishes to bring to the Director's attention. 4. If, following a review of an agreement, it is determined by the City Council that the agreement should be determined by the City Council that the agreement should be terminated or modified, the matter shall be set by Director for public hearing by the Planning Commission and transmitted to the City Council for proceedings for termination or modification. F. Termination, Cancellation, Modification and Amendment of Development Agreements. 1. Any development agreement may be amended by mutual consent of the OWNER and the City Council or canceled by the City Council in the same manner as set forth above for entering into such agreement. 2. If as a result of a periodic review it finds and determines, on the basis of substantial evidence, that the OWNER or successor in interest has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate or modify the agreement. Reso 91-52 4- SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 28th day of May, 1991. Ronald J. Parks, Mayor ATI'EST: June [SEAL] City Clerk Re~o 91-52 -5- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 91-52 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of May, 1991, by the following roll call vote. AYES: 5 COUNCIL MEMBERS: Birdsall, Moore, Lindemarts, Mufioz, Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None R¢~o 91-52 -6-