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HomeMy WebLinkAboutCC Reso No 1980-13RESOLUTION NO. ~:-$Q--73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE '. ELSINORE FINDING AND DECLARING A NEED FOR THE ADOPTION OF RULES, REGULATIONS AND PROCEDURES FOR THE CONSIDERA- TION OF DEVELOPMENT AGREEMENTS AND ESTABLISHING AUTHORITY THEREFOR. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: THAT, WHEREAS, the 1978-1979 California Legislature adopted Assembly Bill 853; and WHEREAS, the same was approved by the. Governor on September 21, 1979 and is chaptered as Chapter 934 of the 1978-1979 Legislature for the State of California; and WHEREAS, said legislation provides for the creation of development agreements between cities and owners of property; and WHEREAS, said legislation requires the adoption of procedures and requirements for the consideration of development agreements upon application by or on behalf of the property owner or other person having the legal or equitable interest in the property; and WHEREAS, the City Council of the City of Lake Elsinore, by this Resolution, intends to establish such procedures and requirements; NOW, THEREFOR, BE IT RESOLVED: (1) That the procedures established herein are intended to be inclusive of the Act as set forth in Section 65864 through and including 65869.5 of the Government Code; (2) That any development agreement entered into between the City and any owner of property shall be reviewed at least every twelve (12) months to determine that the developer has in good faith complied with the terms of the agreement and if substantial evidence exists that the owner of property has not complied in good faith with the terms and conditions of the agreement, the City reserves the right to terminate or modify said agreement; (3) That any agreement entered into pursuant to this Resolution shall terminate without further action on the part of the City when the project contem- plated by the agreement has been fully completed and occupancy permits granted by the City; (4) That this agreement shall contain provisions and commitments with respect to permitted uses of property, the density of use, maximum heights and size of proposed buildings and provisions for reservation or dedication of land for public purposes, or in lieu thereof reference to the zoning ordinances of the City; -1- STATE OF CALIFORNIA ) SS. COUNTY OF RIVERSIDE ) 2 Florene Marshall, City Clerk of the City of LakeElsinore, do hereby certify that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council of the City of Lake Elsinore, approved and signed by the Mayor of said Council and attested to by the City Clerk, all at a regular meeting of the City Council held on the 25th day of March, 1980, and that the same was passed and adopted by the following roll call vote, to-wit: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: DATED this 25th day of March, 1980. Florene Marshall, City Clerk City of Lake Elsinore (CITY SEAL) -8- (5) That a development agreement may provide that the rules, regula- tions and official policies governing permitted uses of land, governing density, governing design, improvement and construction standards and specifications as expressed in enacted ordinances or adoption of uniform building codes shall be those rules, regulations and official policies in force at the time of the execution of the agreement and shall continue in force for the duration of said agreement irrespective of amendments or changes enacted subsequent to the execution of said agreement; (6) That City reserves the right to apply new rules and regulations and policies not in conflict with those rules, regulations and policies applicable to the property in force at the time of the execution of the development agreement and City reserves the right to make applicable new rules, regulations and policies in any subsequent development agreement between the parties affecting property not contemplated or made a part of the original development agreement; (7) That said development agreement shall not become effective nor be binding upon the City until it has been considered by the Planning Commission at a noticed public hearing and further considered by this City Council at a noticed public hearing, all pursuant to Section 65867 of the Government Code and until the same has been adopted by the City as an ordinance; (8) That a development agreement may be amended or cancelled in whole or in part by mutual consent of the parties to the agreement or their successors in interest only after consideration by the Planning Commission at a noticed public hearing and consideration by the .City Council after a noticed public hearing; (9) That any development agreement entered into shall be, within ten (10) days after its adoption, recorded with the County Recorder for the County of Riverside as notice thereof to all persons as is afforded by the recording laws of this State; (10) That insofar as not inconsistent with Article 2, Section 9 of theCalifornia Constitution and Article 2, Section 10 of the United States Cbn- stitution, any development agreement entered into between the City and a property owner shall be subject to State and Federal laws enacted after a development agreement has been entered into and City reserves the right to require that said development agreement be amended in a manner and form necessary to comply with such changes in State and Federal laws. PASSED AND ADOPTED this 25th day of March, 1980 at a.regular meeting of the .City Council of the City of Lake Elsinore. Florene Marshal, City Clerk City of Lake Elsinore Nap Harr , Mayor City of Lake Elsinore -2-