HomeMy WebLinkAboutOrd. No. 2018-1393ORDINANCE NO. 2018 -1393
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING LAKE ELSINORE MUNICIPAL CODE (LEMC) SECTIONS
19.12.140, 19.12.150, AND 19.12.160 CONCERNING PERIODIC REVIEW OF AND
MODIFICATION OR TERMINATION OF DEVELOPMENT AGREEMENTS
Whereas, Government Code Sections 65864 through 65869.5 (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 City wishes 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, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
Section 1. LEMC Section 19.12.140, Periodic review, is hereby amended in its entirety, as follows:
19.12.140 Periodic review.
A. The City Manager shall review development agreements annually at 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,
as follows:
19.12.150 Procedure for periodic review.
A. The City Manager shall conduct the periodic review. Not less than thrity (30) days prior to
the date of the periodic review, the City Manager shall provide written notice to the property
owner that he intends to undertake review of the development agreement and requesting
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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 shall be deemed prima facie
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. If the City Manager finds and determines on the basis of substantial evidence that the
property owner has not complied in good faith with the terms and 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 conditions of 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 the 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 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.
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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 so
consistent with the terms of the agreement.
E. At the time and place set for any hearing in this section, 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. Any decision of the City
Council under this section 19.12.160 is final.
Section 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act in
accordance with Section 15061(b) (3) there is no possibility that the activity in question may have
a significant effect on the environment.
Section 3. Severability. If any provision of this Ordinance or its application is held invalid
by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 4. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty -first
(315') day after the date of adoption.
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 10 day of July 2018.
Attest:
I 'r
Susan M. Domen, MMC
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, M MC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2018 -1393 was introduced at the Regular meeting of July 10, 2018, and
adopted by the City Council of the City of Lake Elsinore at its Regular meeting of July 24,
2018, by the following vote:
AYES: Council Members Hickman, Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson
NOES: None
ABSENT: None
ABSTAIN: None
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the 19 day of July, 2018.
`S -usarr . Domen, MMC
City Clerk