HomeMy Public PortalAboutOrdinance 727ORDINANCE NO. 727
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, ADOPTING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF BEAUMONT AND
HIGH SIXTY ASSOCIATES L.P. A CALIFORNIA LIMITED PARTNERSHIP
(PURSUANT TO GOVERNMENT CODE SECTIONS 65864 - 65869.5)
WHEREAS, in order to strengthen the public planning process, to encourage private
participation in comprehensive planning, and to reduce the economic risks of development, the
Legislature of the State of California has adopted sections 65864 through 65869.5 of the
Government Code which authorize the City of Beaumont (hereinafter referred to as the "City")
to enter into a Development Agreement.
WHEREAS, the City, by adopting Resolution No. 1987-34, has adopted rules and
regulations establishing procedures and requirements for the consideration of development
agreements.
WHEREAS, on February 8, 1993, the City Council of the City, after duly complying
with the California Environmental Quality Act and all statutes, ordinances and resolutions
applicable to the adoption of the General Plan and General Plan Environmental Impact Report,
adopted its Resolution No. 1993-04 certifying that the General Plan Environmental Impact
Report had been completed in compliance with the California Environmental Quality Act and
its Resolution No. 1993-05 approving the General Plan.
WHEREAS, the applicant proposed and submitted and City Staff has reviewed and
negotiated the Development Agreement between the City and the Owner of Improvement Area
No. 4 in the CFD to govern development of 161 acres, hereinafter referred to as the "Property".
WHEREAS, on April 22, 1991, the City Council of the City, after duly complying with
the California Environmental Quality Act and all statutes, ordinances, and resolutions applicable
to the adoption of the Rolling Hills Ranch Specific Plan (designated by the City as SP -90-3),
hereinafter referred to as the "Specific Plan", and Environmental Impact Report, hereinafter
referred to as the "EIR", adopted its Resolution No. 1991-14 certifying that the EIR had been
completed in compliance with the California Environmental Quality Act and approving the
Specific Plan, including the zoning regulations as contained in the Specific Plan and as
implemented through application of the S -PA (Specific Plan Area) Zone.
WHEREAS, on June 29, 1993, the City Council approved the City of Beaumont
Community Facilities District No. 93-1, hereinafter referred to as the "CFD", as part of the City
Comprehensive Public Facilities Financing Program, hereinafter referred to as the "Program",
pursuant to which the City determined that it was appropriate to provide for certain public
facilities and services in order to implement the General Plan and, further, that such facilities
and services could best be facilitated through the City issuing bonds secured by liens on the
Property to be developed within the City.
WHEREAS, the Planning Commission of the City of Beaumont by its recommendation
of approval of said Development Agreement adopted on August 17, 1993, has made the
following findings relative to several proposed Development Agreements between the City and
several Owners of Improvement Areas in the CFD:
1. The proposed agreements are consistent with the objectives, policies, general land
uses and programs specified in the General Plan and the respective Specific Plans;
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2. The proposed agreements facilitate land uses which are compatible with the uses
authorized in, and the regulations prescribed for, the land use districts in which the real property
is located;
3. The proposed agreements are in conformity with public convenience, general
welfare and good land use practice;
4. The proposed agreements will not be detrimental to the health, safety and general
welfare;
5. The proposed agreements will not adversely affect the orderly development of
property or the preservation of property values;
6. The proposed agreements will enhance the stability of CFD No. 93-1 and other
City infrastructure financing programs;
7. The proposed agreements will facilitate quality master planned development which
will aid in the economic development of the City; and
8. The proposed agreements will not have an adverse affect on the environment.
WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the
recommendation of approval by the Planning Commission as included in the materials submitted
by them to the City Council accompanying said recommendation; and
WHEREAS, a duly noticed public hearing as required by law was conducted by the
Planning Commission of the City of Beaumont on September 21, 1993, and a duly noticed public
hearing as required by law was conducted by the City Council of the City of Beaumont on
September 27, 1993;
THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES
ORDAIN AS FOLLOWS:
SECTION 1: It has been determined that:
A. The provisions of the Development Agreement between the City of Beaumont and
the applicant are consistent with the General Plan and the Specific Plan; and
B. The Development Agreement complies with all applicable zoning, subdivision and
building regulations and with the General Plan of the City of Beaumont and with the Specific
Plan; and
C. The Development Agreement states the duration of the Agreement to be a period
not to exceed twenty-five (25) years, sets forth the uses of the property, and the density and
intensity of use, and sets forth the maximum height and size of proposed buildings and provides
for the reservation, dedication and improvement of land for public facility uses.
SECTION 2: The Development Agreement between the City of Beaumont and the
applicant attached hereto as Exhibit "A" is approved and the Mayor of the City of Beaumont is
authorized and directed to execute said Development Agreement on behalf of the City of
Beaumont on or after the date when by law this Ordinance shall take effect.
SECTION 3: This Ordinance shall take effect thirty (30) days after its final passage and
within fifteen (15) days after its passage the City Clerk shall cause a summary to be published
in the Community Advisor, a newspaper of general circulation printed and published in the City
of Beaumont in the manner prescribed by law for publishing of ordinances of said City.
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MOVED, PASSED AND ADOPTED on this 11th day of 0 c t ober ,
19.93, upon the following roll call vote.
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
CITY CLERK (Deputy)
MAYOR 0 ►',W► HE CITY OFGBEAUMONT
CERTIFICATION
I,Julia White, Deputy , City Clerk of the City of Beaumont, DO
HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the
City Council of said City held on
second reading on October 11
September 27
, 199, and was duly adopted upon
, 1993 upon the following roll call vote:
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES:
ABSTAIN:
ABSENT:
None.
None.
None.
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(Deputy)
CITY RK, CITY OF BEAUMONT