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HomeMy WebLinkAbout90-090 CC Resolution RESOLUTION NO. 90-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING DEVELOPMENT AGREEMENTS 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, 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. The City Council is hereby designated as the planning agency for purposes of Government Code Section 65867. Section 3. The following procedures are approved: A. Application. 1. Consideration of a development agreement (Article 2.5, Chapter 4, Title 7 of the Government Code, beginning with Section 65864) 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: (i) A legal description of the property sought to be covered by the agreement. (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. Resos 90-90 1 (iii) Conditions, terms, restrictions, 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) Such other information as the Director may require. 2. The application shall be accompanied by a $4,000 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. 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 City Council. C. City Council Action. 1. Upon receipt of the application, environmental documentation and Director's report, 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 effective 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 Rems 90-90 2 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. 4. Within ten (10) days after the City executes a development agreement, the City Clerk shall cause a copy thereof to be recorded. D. Annual Review. 1. All development projects subject to the agreement shall be reviewed by the Director once every twelve 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 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. E. 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 cancelled 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 agreements, the City Council may terminate or modify the agreement. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 14th day of August, 1990. Ronald J. Parks, Mayor ATTEST Junc~. -Greek, Deputy City Clerl~' [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 90-90 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of August, 1990, by the following roll call vote. AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Moore, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None Ju'~ne_~Greek, Deputy City~Clerk Resos 90-90 4