HomeMy WebLinkAboutItem No. 16 Amend LEMCText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-715
Agenda Date: 7/10/2018 Status: BusinessVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 16)
Page 1 City of Lake Elsinore Printed on 7/5/2018
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Barbara Leibold, City Attorney
Date:July 10, 2018
Subject:Ordinanceamending sections 19.12.140, 19.12.150, and 19.12.160 of the
Lake Elsinore Municipal Code (LEMC) regarding certain Development
Agreement Procedures
Recommendation
Introduce by title only and waive further reading:
AN ORDINANCEOFTHECITY COUNCILOFTHECITYOF LAKE ELSINORE,
CALIFORNIA,AMENDING LAKE ELSINORE MUNICIPAL CODE (LEMC) SECTIONS
19.12.140, 19.12.150, and 190.12.160 CONCERNING PERIODIC REVIEW OF AND
MODIFICATION OR TERMINATION OF DEVELOPMENT AGREEMENTS.
Background
Government Code sections 65864 through 65869.5(the “Development Agreement Act”)
authorizes the City to enter into an agreement with any person having a legal or equitable
interest in real property regarding the future development of such property and to vest certain
development rights therein. Government Code section 65865.1 provides for annual review of
development agreements by a local agency for the purpose of determining if the
developer/property owner has complied in good faith with the terms of the agreement.
Pursuant to the Development Agreement Act, the City adopted Ordinance No. 996 establishing
procedures and requirements for consideration of development agreements as set forth in
LEMC Chapter 19.12. Currently under LEMC section 19.12.140, theannual review is the
responsibility of the City Council.
Discussion
The annual review of development agreements is usually routineand can be efficiently and
effectively conducted administratively. The proposed Ordinance will allow for annual review by
the City Manager. If the City Manager determines that the property owner is in compliance with
the agreement, the agreement shall stand and shall be reviewed again at the next annual
review date. If the City Manager determines that the property owner has not complied with the
Ordinance Amending Development Agreement Review Procedures
July 10,2018
Page 2 of 2
terms of the agreement, the matter is referred to the City Council, which will then make its own
determination. If the City Council determines that the property owner is not in compliance, it can
commence proceedings to either modify the agreement or terminate itin accordance with the
Development AgreementActand the applicable provisions of the specific agreementunder
review.
Fiscal Impact
None.
Exhibits
Exhibit A--AN ORDINANCEOFTHECITY COUNCILOFTHECITYOF LAKE ELSINORE,
CALIFORNIA,AMENDING LAKE ELSINORE MUNICIPAL CODE (LEMC) SECTIONS
19.12.140, 19.12.150, and 190.12.160 CONCERNING PERIODIC REVIEW OF AND
MODIFICATION OR TERMINATION OF DEVELOPMENT AGREEMENTS.
ORDINANCENO. 2018–_____
AN ORDINANCEOFTHECITY COUNCILOFTHECITYOF LAKE ELSINORE,
CALIFORNIA,AMENDING LAKE ELSINORE MUNICIPAL CODE (LEMC)
SECTIONS 19.12.140, 19.12.150, and 190.12.160 CONCERNING PERIODIC
REVIEW OF AND MODIFICATION OR TERMINATION OF DEVELOPMENT
AGREEMENTS.
Whereas,Government Code Sections 65864 through 65869.5(the “Development Agreement
Act”)authorizes the City to enter into an agreement with any person having a legal or equitable
interest in real property regarding the future development of such property and to vest certain
development rights therein; and
Whereas,Government Code section 65865.1 provides for annual review of development
agreements by a local agency for the purpose of determining if the developer has complied in
good faith with the terms of the agreement; and,
Whereas,pursuant to the Development Agreement Act, the City adopted Ordinance No. 996
establishing procedures and requirements for consideration of development agreements as set
forth in LEMC Chapter 19.12; and
Whereas,currently LEMC sections 19.12.140 and 19.12.150 provide that the City Council shall
conduct the annual review of development agreements; and,
Whereas,the Citywishes to amend LEMC sections 19.12.140 and 19.12.150 to provide that
the City Manager shall conduct the annual review and to amend section 19.12.160 to make it
current with State law.
NOW THEREFORE, THECITY COUNCILOFTHECITYOFLAKE ELSINOREDOES
ORDAINASFOLLOWS:
Section1. LEMC Section19.12.140,Periodic review,isherebyamendedin its entirety,as
follows:
19.12.140 Periodic review.
A.The City Manager shall review development agreements annuallyat which time the
property owner shall be required to demonstrate good faith compliance with the terms
of the agreement.
B.The time for review may be shortened either by agreement between the parties of by
initiation in one or more of the following ways:
1.Recommendation of the City Manager.
2.Resolution of Intention by the Planning Commission.
3.Resolution of Intention by the City Council.
Section 2. LEMC Section 19.12.150, Procedure for periodic review, is amended in its entirety,
asfollows:
19.12.150 Procedure for periodic review.
A.The City Manager shall conduct the periodic review. Not less than thrity (30) days prior to
Ord. No. 2018–_____
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the date of the periodic review, the City Manager shall providewritten notice to the
property owner that he intends to undertake review of the development agreement and
requesting the property owner to submit documentation demonstrating good faith
compliance with the terms of the agreement. The burden of proof showing good faith
compliance is on the property owner. Refusal to provide the required information shallbe
deemed primafacie evidence of violation of such agreement.
B.If the City Manager finds and determines on the basis of substantial evidence that the
property owner has complied in good faith with the terms and conditions of the agreement
during the period under review, the City Manager shall let the agreement stand and review
it again in the time prescribed in section 19.12.140.
C.Ifthe City Manager finds and determines on the basis of substantial evidence that the
property owner has not complied in good faith with the termsand conditions of the
agreement during the period under review, the City Manager shall refer the matter to the
City Council. The City Council shall then conduct a noticed public hearing on the matter
consistent with the requirements of Section 19.12.020. If the City Council determines that
the property owner has complied in good faith with the terms and conditionsof the
agreement, it shall let the agreement stand. If the City Council determines that the
property owner has not complied in good faith with the terms and conditions of the
agreement, the City Council may initiate proceedings to modify or terminate the agreement
or take other action as it deems appropriate.
Section 3. LEMC Section 19.12.160, Modification or termination, is amended in its entirety, as
follows:
19.12.160 Modification or termination.
A.If upon a finding under section 19.12.150 (C), the City Council determines to modify the
agreement, the City Council shall refer the matter to the City Manager and City Attorney
to prepare the necessary amendment(s).
B.Procedures for modification of a development agreement shall be the same as provided
in this Chapter 19.12 for initiation and consideration of such agreement, including
transmittal to the Planning Commission pursuant to 19.12.060.The Planning
Commission shall give notice to the property owner of theintention to modify the
agreement. The notice shall be provided consistent with Section 19.12.020 and shall
state:
1.The time and place of the Planning Commission hearing;
2.Any other information which the Planning Commission considers necessary to inform
the property owner of the nature of the proceedings.
C.After the conclusion of the Planning Commission proceedings, the matter shall then be
referred to the City Council. The City Council shall give notice to the property owner of its
intention to modify the agreement. The notice shall be provided consistent with Section
19.12.020 and shall state:
1.The time and place of the City Council hearing;
2.Any other information which the Council considers necessary to inform the property
owner of the nature of the proceedings.
Ord. No. 2018–_____
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D.If upon a finding under section 19.12.150 (C), the City Council determines to terminate
the agreement, the City Council shall give notice to the property owner of its intention to
do soconsistent with the terms of the agreement.
E.At the time and place set for any hearing in thissection, the property owner shall be
given an opportunity to be heard. The City Council may impose those conditions to the
action it takes as it considers necessary to protect the interests of the City. Anydecision
of the City Council under this section 19.12.160 is final.
Section 2.CEQA.This Ordinanceis exemptfromtheCaliforniaEnvironmental QualityActin
accordancewithSection15061(b)(3)thereis nopossibilitythat theactivityinquestion may
haveasignificanteffectontheenvironment.
Section 3.Severability.IfanyprovisionofthisOrdinanceoritsapplicationisheldinvalid
bya courtofcompetentjurisdiction,suchinvalidityshallnotaffectotherprovisions,sections, or
applicationsoftheOrdinancewhichcanbegiveneffectwithouttheinvalidprovision or
application,andtothisendeachphrase,section,sentence,orwordisdeclaredtobe severable.
Section 4.Effective Date.ThisOrdinanceshallbecomeeffectiveat12:01a.m.onthe
thirty-first (31st)dayafterthedateofadoption.
Section 5.Certification. The City Clerk shall certify to the passage of this Ordinance and shall
cause a synopsis of the same to be published according to law.
Passed and Adopted on this_____dayof__________, 2018.
Natasha Johnson
Mayor
Attest:
Susan M. Domen, MMC,
CityClerk
Ord. No. 2018–_____
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STATEOF CALIFORNIA )
COUNTYOF RIVERSIDE ) ss.
CITYOF LAKE ELSINORE)
I,Susan M. Domen,MMC,CityClerkoftheCityofLake Elsinore,doherebycertifythat the
foregoingOrdinanceNo. 2018-_____ wasintroduced at the Regular meeting of ________,
2018, andadopted bytheCity CounciloftheCityofLake ElsinoreatitsRegularmeetingof
________,2018,bythefollowingvote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IfurthercertifythatsaidSynopsiswaspublishedasrequiredbylawina newspaperofgeneral
circulationintheCityofLake Elsinore,Californiaonthe_____dayof__________,2018, and
onthe______dayof_________,2018.
Susan M. Domen, MMC
CityClerk